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United States Court Cases

Nevada Supreme/Appellate Court Record

BARRICK BULLFROG VS. PARADOR MINING

Case Information: 32102
Short Caption:BARRICK BULLFROG VS. PARADOR MININGCourt:Supreme Court
Lower Court Case(s):Nye Co. - Fifth Judicial District - 11877Classification:Civil Appeal - General - Other
Disqualifications:Leavitt, MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/16/1998 / Berry, RobertSP Status:Completed
Oral Argument:12/11/2000 at 9:00 AMOral Argument Location:Carson City
Submission Date:12/11/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/06/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Noel E. Manoukian--check no. 1669.
04/06/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
04/13/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 fromThomas P. Erwin--check no. 2971.
04/13/1998Other Other. Filed Certified Copy of Notice of Cross Appeal of Bond Gold Bullfrog, Inc. (Docketing statement mailed to counsel for appellant.)
04/16/1998Notice/OutgoingIssued Notice. Of Settlement Conference. Settlement Judge: Robert G. Berry. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/17/1998Notice/OutgoingIssued Notice. To Transmit Required Document. (Judgment filed 12/19/97) to Nye County Clerk. Due date: 10 days.
04/27/1998Other Other. Filed certified copy of Order filed in district court on 12/19/97.
04/29/1998Other Other. Mailed copy of 12/19/97 district court order to Settlement Judge Berry.
04/29/1998Other Other. Returned, unfiled the original and three copies of the Docketing Statement with letter.
05/04/1998Order/ProceduralFiled Case Processing Order. To date, appellant has failed to file the docketing statement. Appellant shall, within 15 days from the date of this order, file the docketing statement.
05/08/1998Docketing StatementFiled Docketing Statement.
05/15/1998Docketing StatementFiled Docketing Statement. (Parador).
07/02/1998Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Settlement Conference Report. The parties were unable to agree to a settlement of this matter.
08/28/1998Letter/IncomingReceived Letter. From Noel E. Manoukian, attorney for respondent Parador, requesting expedited briefing and oral argument.
09/28/1998Order/ProceduralFiled Case Processing Order. The parties were unable to agree to settlement of this appeal. Appellant shall have 15 days from the date of this order to comply with the provisions of NRAP 9(a). Appellant shall have 120 days form this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).
10/13/1998Other Other. Filed Notice of Change of Address for Counsel for Barrick Bullfrog Inc.
10/13/1998Transcript RequestFiled Request for Transcript of Proceedings. Court Reporter: Laurie Webb.
01/26/1999MotionFiled Stipulation. Request for Transmission of Entire Record and Exhibits to Supreme Court and for Short Extension of Time to File Opening Briefs (hand-delivered).
01/27/1999Order/ProceduralFiled Case Processing Order. We approve the stipulation filed January 26, 1999. The district court shall, within 45 days of the date of this order, prepare and transmit to this court the complete trial court record in the "District Court's file number 11877." The record shall be paginated and indexed. Appellant shall, within 60 days of the filing of the record in this court, file and serve the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1) and NRAP 28(h).
03/08/1999Record on Appeal DocumentsFiled Record on Appeal. Vols. 1 through 9 (originals). UPS-received 3/8/99.
03/08/1999ExhibitReceived Exhibits (copies). Plaintiff Exhibits (Layne) Large Maps: 3, 4, 5, 6, 7, and 8. Plaintiffs Exhibits: Large Maps 3, 4, 5, 6, 7, 7a, 8, 9, and 11. Trial Exhibits: Gray Book of Exhibits, duplicate of all exhibits entered into Record: Barrick 1-10; Parador A-Z. Trial Exhibits: Plaintiff L1, L2, L3, L4, L6-in manila envelope. Layne Exhibits: 1, 2 maps in manila envelope. Trial Exhibits: Bullfrog 1, 2, 3, 4-in manila envelope. Trial Exhibits: Defendants P1, S, T, U, V, W-in manila envelope. Trial Exhibits: Plaintiffs 1, 2, 10, 15-in manila envelope. Trial Exhibits: Defendants LA, LI, LK, LL, LS, LS, LT, LU, LV, LW.
03/08/1999Other Other. Received certified copies of the Court Minutes and Docket Entries (placed in the correspondence file).
04/02/1999Other Other. Issued Letter to Nye County Clerk with instructions to transmit a supplemental record on appeal to this office as soon as possible.
04/12/1999Record on Appeal DocumentsFiled Record on Appeal. Supplemental Record an Appeal, Vol. 10 (copy). Mailed on: 4/9/99.
06/02/1999Order/ProceduralFiled Case Processing Order. To date, appellant has not filed an opening brief. Appellant shall, within 20 days of the date of this order, file and serve the opening brief or show cause why its appeal should not be dismissed as abandened.
06/22/1999BriefFiled Brief. Appellant's Opening Brief. (Mailed on: Hand delivered 6/22/99).
06/22/1999AppendixFiled Appendix. Appendix to Appellant's Opening Brief.
08/03/1999MotionFiled Stipulation. To extend time to file Answering-Opening Brief. (This stipulation is a faxed copy with no original signatures-original stipulation forthcoming).
08/10/1999MotionFiled Stipulation. To Extend Time to File Answering-Opening Brief.
08/17/1999Order/Clerk'sFiled Clerk's Order. Granting Extension. Parador Mining Co., U.S. Energy Corp. and Crested Corp. shall have to and including August 31, 1999, to file and serve therir combined briefs.
08/31/1999MotionFiled Motion. For Second Extension of Time in Which to File Respondents' Brief.
09/02/1999Order/Clerk'sFiled Clerk's Order. Granting Extension. The respondents/cross-appellants, Parador Mining Co., U.S. Energy Corp. and Crested Corp., shall have 5 days from the date of this order to serve and file their joint answering-opening brief.
09/03/1999MotionFiled Stipulation. Second Stipulation to Extend Time to File Answering-Opening Brief.
09/03/1999MotionFiled Motion. To File Brief in Excess of Thirty Pages (NRAP 28(g)).
09/03/1999MotionFiled Motion. For Exemption from N.R.A.P. Technical Rules.
09/03/1999BriefReceived Brief. Respondents'/Cross-Appellants' Consolidated Answering and Opening Brief.
09/03/1999AppendixReceived Appendix. Respondents/Cross-Appellants.
09/21/1999Order/ProceduralFiled Case Processing Order. Respondents' unopposed motions filed September 3, 1999, are granted. The clerk shall, forthwith, file the appendix and the consolidated answering brief and opening brief on cross-appeal provisionally submitted with the motions. Appellant shall, within 30 days of the filing of this order, file and serve a combined brief, file and serve the reply brief on cross-appeal. Respondents shall, within 30 days of the filing of appellant's combined brief, file and serve the reply brief on cross-appeal.
09/21/1999BriefFiled Brief. Respondents'/Cross-Appellants' Consloidated Answering Brief and Opening Brief. Mailed on: Hand delivered 09/03/99.
09/21/1999AppendixFiled Appendix. Respondents/Cross-Appellants. Mailed on: Hand delivered 09/03/99.
10/04/1999MotionFiled Motion. H.B. Layne's Motion to Correct Caption, Realign the Parties and for an Extension of Time in Which to File the Answering Brief of H.B. Layne on Cross-appeal.
10/14/1999Other Other. Filed Barricks' Response to Motion by Layne to Correct Caption, Realign the Parties and for an Extension of Time in which to File the Answering Brief of H.B. Layne on Cross-Appeal.
10/21/1999BriefFiled Brief. Appellant's combined Reply and Answering Brief. (Mailed on: hand delivered 10/21/99.)
11/16/1999MotionFiled Motion. Filed H.B. Laynes; Second Request for an extension of Time in which to File the Answering Brief of H.B. Layne on Cross-Appeal.
11/19/1999BriefReceived Brief. Cross-Respondent Layne's Answering Brief. (Mailed on: 11/19/99 Hand-delivered Reno/Carson.) Original plus four copies.
11/19/1999BriefReceived Brief. Respondents'/Cross-Appellants' Reply Brief. (Mailed on: 11/19/99 Hand-delivered, Reno-Carson.) Original plus three copies.
12/13/1999MotionFiled Motion. For En Banc Review, including Oral Argument, and for Expedited Hearing.
12/16/1999MotionFiled Motion. To Amend the "Motion for En Banc Review, Including Oral Argument, and for Expedited Hearing" Previously Filed, to Include Exhibit "A".
12/16/1999MotionReceived Motion. "Amended" Motion for En Banc Review, Including Oral Argument, and for Expedited Hearing.
12/27/1999MotionFiled Motion. Barrick Bullfrog, Inc.'s Motion to Strike Parador's Motion for En Banc Review.
01/14/2000Other Other. Received Reply to Appellant's Motion to Stike Parador's Motion for En Banc Review.
01/25/2000Other Other. Filed Request for Leave of Court to file a Reply in Response to Appellant's Opposition ("Motion to Strike") Parador's Motion for En Banc Review.
01/28/2000Other Other. Filed Substitution of Counsel. Erwin & Thompson as counsel for Barrick Bullfrog. (formerly Erwin, Thompson & Hascheff).
02/09/2000Other Other. Received Cross-Respondent Layne's Response to Request for Leave of Court to file a Reply in Response to Appellant's Opposition to Parador's Motion for En Banc Review.
04/18/2000Order/ProceduralFiled Case Processing Order. We grant H.B. Layne's motion to correct the caption. The clerk of this court shall modify the caption to reflect that H.B. Layne is only a cross-respondent. The clerk shall also modify the caption by substituting "Barrick Bullfrog, Inc. for Bond Gold Bullfrog." We direct the clerk of this court to file the answering brief and reply brief provisionally received on November 19, 1999. fn1[We deny H.B. Layne's October 4, 1999 and November 16, 1999 motions for extensions of time to file its answering brief as moot.] Cross-appellants' may, within 20 days of the date of this order, file a reply brief to J.B. Layne's answering brief. If no reply brief is filed within this time period, briefing shall be deemed completed. fn2[We grant respondents' December 16, 1999, motion to file an amended motion and respondents' January 25, 2000, motion seeking leave to file an opposition. The clerk shall forthwith file the amended motion provisionally received on December 16, 1999, and the reply provisionally received on January 14, 2000. Although untimely and cross-respondent H.B. Layne Contractor, Inc. has not sought leave to file an untimely response, we direct the clerk of this court to file the response provisionally received on February 9, 2000.] We deny appellant's motion to strike and respondents' motion and amended motion for en banc review, oral argument and an expedited hearing. Any substantive arguments presented in the motion and amended motion shall be disregarded when we review the merits of these appeals. At the conclusion of briefing, we shall determine whether en banc review, oral argument or expedited consideraiton is warranted. (Caption and case cards corrected). (NNP99b-RR/CY/DA).
04/18/2000BriefFiled Brief. Cross-Respondent Layne's Answering Brief.
04/18/2000BriefFiled Brief. Respondents'/Cross-Appellants' Reply Brief.
04/18/2000MotionFiled Motion. "Amended" Motion for En Banc Review, Including Oral Argument, and for Expedited Hearing. (Resolved by order entered on April 18, 2000).
04/18/2000Other Other. Filed Reply to Appellant's Motion to Strike Parador's Motion for En Banc Review.
04/18/2000Other Other. Filed Cross-Respondent Layne's Response to Request for Leave of Court to file a Reply in Response to Appellant's Opposition to Parador's Motion for En Banc Review.
10/30/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 11, 2000 at 9:00 a.m. in Carson City. (NNP00A-WM/MS/DA)
11/27/2000Notice/OutgoingIssued Oral Argument Reminder Notice.
12/11/2000OtherDisqualification of Justice Maupin.
12/11/2000Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP00A-RR/MS/DA
01/26/2001Order/DispositionalFiled Order of Affirmance. Having considered Barrick's contenion on appeal and the Parador defendants' contentions on cross-appeal and concluded that they lack merit, "we affirm the district court's judgments." NNP00A-RR/MS/DA 01-01745
02/13/2001Filing FeeReceived Filing Fee Paid on Filing. $100 from Noel E. Manoukian, Ltd.--check no. 11823.
02/13/2001Post-Judgment PetitionFiled Petition for Rehearing. Parador's Petition for Rehearing. Hand-delivered. 01-02893
09/07/2001Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NNP00A-MS/DA/RR 01-15112
09/25/2001RemittiturIssued Remittitur. Record on Appeal, Vols. 1 through 9; Supplemental Record on Appeal, Vol. 10; Exhibits: Plaintiff Exhibits (Layne) Large Maps: 3, 4, 5, 6, 7, and 8. Plaintiffs Exhibits: Large Maps 3, 4, 5, 6, 7, 7a, 8, 9, and 11. Trial Exhibits: Gray Book of Exhibits, duplicate of all exhibits entered into Record: Barrick 1-10; Parador A-Z. Trial Exhibits: Plaintiff L1, L2, L3, L4, L5, L6-in manila envelope. Layne Exhibits: 1, 2 maps in manila envelope. Trial Exhibits: Bullfrog 1, 2, 3, 4-in manila envelope. Trial Exhibits: Defendants P1, S, T, U1 through U7, V, W-in manila envelope. Trial Exhibits: Plaintiffs 1, 2, 10, 15-in manila envelope. Trial Exhibits: Defendants LA, LB, LC, LD, LE, LF, LG, LH, LI, LK, LL, LS, LT, LU, LV, LW returned this day. 01-15325
09/25/2001Case Status Update Remittitur Issued/Case Closed.
10/02/2001RemittiturFiled Remittitur. Received by County Clerk on September 27, 2001. 01-15325