| Case Information: 36847 | |||
| Short Caption: | FRIEDMUTTER VS. CROWE | Court: | Supreme Court |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - A374278 | Classification: | Civil Appeal - General - Other |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | 10/13/2000 / Davidson, Michael | SP Status: | Completed |
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 10/09/2000 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Jason A. Awad, Ltd.--check no. 021039 | ||
| 10/09/2000 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. | 00-17780 | |
| 10/13/2000 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Michael D. Davidson. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.) | ||
| 03/07/2001 | Settlement Program Report | Filed Interim Settlement Program Report. Plaintiff is in Chapter 7 Bankruptcy. | 01-04148 | |
| 06/13/2001 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | 01-09931 | |
| 06/13/2001 | Notice/Outgoing | Issued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days | ||
| 06/25/2001 | Motion | Filed Stipulation/Dismiss Appeal. | 01-10673 | |
| 10/22/2001 | Motion | Filed Motion to Dismiss Appeal. Request for Immediate Dismissal. | 01-17743 | |
| 12/07/2001 | Order/Procedural | Filed Order/Stipulation Disapproved. On June 25, 2001, respondent filed a stipulation to dismiss this appeal signed by respondent's counsel and appellant's bankruptcy trustee. We cannot determine whether the bankruptcy court ordered that this appeal may not ever be pursued and should be dismissed, or that this appeal is subject to the automatic bankruptcy stay under 111U.S.C. sec. 362(a)(1) and may not be pursued until the bankruptcy proceedings are resolved. Thus, if this matter is automatically stayed, we cannot dismiss this appeal at this time. We disapprove the stipulation. fn1[On October 22, 2001, respondent filed a 'Request for Immediate Dismissal.' In support of the request, respondent cites to the June 25, 2001 stipulation. For the reasons noted above, we deny this request.] Appellants counsel shall have 30 days from the date of this order to file a report informing this court whether this matter is automatically stayed under federal bankruptcy law. | 01-20518 | |
| 12/27/2001 | Motion | Filed Motion to Dismiss Appeal. (filed by Marquis & Aurbach firm). | 01-21752 | |
| 01/11/2002 | Motion | Filed Motion to Dismiss Appeal. (filed by Edwards, Hale, firm). | 02-00852 | |
| 03/20/2002 | Order/Procedural | Filed Order. On December 27, 2001, and January 11, 2002, respondent filed motion to dismiss this appeal. As we noted in our December 7, 2001 order, a nonbankruptcy court may not dismiss, but may only stay an action subject to the automatic bankruptcy stay. If this matter is automatically stayed, we cannot dismiss this appeal at this time. Based on review of the bankruptcy court's June 5, 2001 order, it appears that this appeal is subject to the automatic bankruptcy stay. The order does not lift the stay for the purpose of allowing this appeal to be dismissed and does not appear to prohibit appellant from pursing this appeal after the bankruptcy proceedings have concluded. We deny respondent's motions to dismiss, and we order this appeal stayed pursuant to the mandatory provisions of federal bankruptcy law. Fn2[Without a bankruptcy court order lifting the automatic stay or containing a directive that this appeal should be dismissed, this court is unable to grant any further requests to dismiss this appeal.] Appellant shall have 90 days from the date of this order to file a report informing this court of the status of the bankruptcy proceedings. | 02-04998 | |
| 06/20/2002 | Motion | Filed Motion to Dismiss Appeal. Third Unopposed Motion to Dismiss. | 02-10689 | |
| 06/24/2002 | Other | Other. Filed Edwards, Hale, Sturman, Atkin & Cushing, Ltd.'s Joinder in Respondent Cecile Crowe's Third Unopposed Motion to Dismiss. | 02-10882 | |
| 08/14/2002 | Order/Dispositional | Filed Order Dismissing Appeal. We grant respondent's unopposed motion, and " . . . we dismiss this appeal." SNP02-CY/DA/ML | 02-13907 | |
| 09/10/2002 | Remittitur | Issued Remittitur. | 02-14167 | |
| 09/10/2002 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 09/24/2002 | Remittitur | Filed Remittitur. Received by County Clerk on September 13, 2002. | 02-14167 | |