| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 03/18/1999 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Bruce I. Shapiro Ltd.--check no. 2674. | | |
| 03/18/1999 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 99-01959 |
| 03/26/1999 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Janice J. Brown. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 04/22/1999 | Order/Procedural | Filed Order. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement. | | 99-03137 |
| 04/23/1999 | Motion | Filed Motion to Extend Time. | | 99-03190 |
| 04/23/1999 | Docketing Statement | Filed Docketing Statement. | | 99-03191 |
| 05/05/1999 | Order/Procedural | Filed Order Denying Motion. Because the docketing statement was timely filed pursuant to our April 22, 1999, order, we deny as moot appellant's April 23, 1999, motion for an extension of time to file the docketing statement. | | 99-03615 |
| 05/24/1999 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: 6/4/99. | | 99-04259 |
| 08/30/1999 | Settlement Program Motion/Stipulation | Filed Settlement Program/Stipulated Dismissal. Determination of a failure to participate in good faith in the settlement conference. | | 99-08132 |
| 11/17/1999 | Order/Procedural | Filed Order. The settlement judge recommends that this court sanction both respondent and respondent's counsel. Respondent's counsel shall have 15 days from the date of this order to show cause why this court should not act on the settlement judge's determination and recommendation. | | 99-11424 |
| 05/26/2000 | Order/Procedural | Filed Order. Based upon the settlement judge's undisputed report, we conclude that attorney Rovacchi failed to participate in good faith in the settlement conference process. Attorney Rovacchi shall have 20 das from the date of this order to personally pay appellant $750 and to file proof of payment with this court. This amount is based upon appellant's reasonable attorney's fees for the June 4, 1999 settlement conference. We decline to impose sanctions upon attorney Rovacchi and respondent for lack of good faith participation in the June 25, 1999 conference. Appellant shall have 15 days from the date of this order to file with this court a transcript request form or certificate of no transcript request and 120 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 00-08900 |
| 06/23/2000 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 11/6/98, 12/7/98, 12/10/98. To Court Reporter: Deborah Casper. | | 00-10756 |
| 07/27/2000 | Motion | Filed Motion to Extend Time. Court Reporter Deborah Casper. | | 00-13054 |
| 07/31/2000 | Order/Clerk's | Filed Clerk's Order. Court reporter Casper shall have to and including August 21, 2000, to file and serve the completed transcripts in this matter. | | 00-13160 |
| 08/16/2000 | Notice/Incoming | Filed Notice. Substitution of Attorney. Buddy James Thein, in proper person, replacing Ron Rovacchi as counsel for respondent. | | 00-14310 |
| 08/17/2000 | Transcript | Filed Transcript. Proceedings: 11/06/98; 12/07/98; 12/10/98. Court Reporter: Deborah S. Casper. | | 00-14393 |
| 09/25/2000 | Order/Procedural | Filed Order. On August 16, 2000, respondent filed a 'substitution of attorney' purporting to substitute respondent in proper person as attorney of record in the place of attorney Ronald W. Rovacchi. We elect to treat the 'substitution of attorney' as a motion to withdraw as counsel of record. We grant the motion to withdraw as counsel of record. The clerk of this court shall forthwith remove attorney Rovacchi as counsel of record in this matter for respondent. We deny the motion to the extent it purports to substitute respondent in proper person as attorney of record. Respondent shall retain new counsel and cause new counsel to file a notice of appearance with this court within sixty (60) days from the date of this order, or inform this court within the same time period that he will not be retaining new counsel. If respondent does not retain new counsel, this appeal may be submitted for decision on appellant's opening brief and appendix. Attorney Rovacchi has failed to comply with this court's order of May 26, 2000. In that order we directed attorney Rovacchi to personally pay appellant $750 and to file proof of payment with this court. Attorney Rovacchi shall have 15 days from the date of this order within which to comply with that order, or to show cause why additional sanctions, including referral of this matter to the State Bar of Nevada, should not be imposed. | | 00-16910 |
| 09/29/2000 | Motion | Filed Motion. Appellant's Motion to Suspend, or Alternatively Extend, the Briefing Schedule. | | 00-17243 |
| 10/02/2000 | Notice/Incoming | Filed Notice of Change of Address. (Bruce I. Shapiro, Esq.) | | 00-17330 |
| 10/12/2000 | Notice/Incoming | Filed Proof of Payment of Sanction. Letter from attorney Ronald W. Rovacchi enclosing proof of payment of $750.00 sanction to appellant's attorney, Bruce I. Shapiro. | | 00-18091 |
| 10/13/2000 | Motion | Filed Response to Motion. Opposition to Respondent's "Request to Address and Be Heard by the Supreme Court of Nevada" and "Motion to Move for Dismissal of Appeal". | | 00-18247 |
| 04/18/2001 | Order/Procedural | Filed Order. On September 29, 2000, appellant filed a 'Motion to Suspend, or Alternatively Extend, the Briefing Period.' We deny appellant's September 29, 2000, motion. On October 10, 2000, respondent submitted a proper person document entitled 'Request to Address and be Heard by the Supreme Court of Nevada,' and a proper person 'Motion to Move for Dismissal of Appeal.' fn1[Respondent has not been granted permission to file documents in proper person. Nevertheless, because we elect to resolve respondent's motions on the merits, we direct the clerk of this court to file respondent's motions.] In the first document, appellant requests permission to 'address this court,' and informs this court he wishes to retain his right to retain counsel in the future. We elect to treat this document as a timely response to our order of September 25, 2000, informing this court that respondent will not be retaining counsel. In the proper person motion to dismiss this appeal, respondent avers that appellant's failure to file an opening brief warrants dismissal of this appeal. On October 13, 2000, appellant filed an opposition to respondent's proper person document and motion. Because this court prefers to decide cases on the merits, we decline to dismiss this appeal and deny respondent's motion to dismiss. Appellant shall file and serve the opening brief and appendix within 40 days from the date of this order. If appellant believes that pending motions in the district court, which effect the issues in this appeal, should be decided prior to the continuation of this appeal, then appellant should proceed according to Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978). However, if those pending motions in the district court do not require that this matter be remanded to the district court, then this court expects appellant to file and serve the opening brief and appendix in a timely manner. | | 01-06608 |
| 04/18/2001 | Other Incoming Document | Filed Proper Person Document. Request to Address and be Heard by the Supreme Court of Nevada. | | 00-17908 |
| 04/18/2001 | Motion | Filed Proper Person Motion. Motion to Move for Dismissal of Appeal. | | 00-17909 |
| 05/02/2001 | Notice/Incoming | Filed Notice of Appearance. Glenn Schepps of the Leavitt Law Firm has been retained by respondent. | | 01-07361 |
| 05/02/2001 | Other | Disqualification of Justice Leavitt. Leavitt Law Firm. | | |
| 05/10/2001 | Motion | Filed Motion. Appellant's Renewed Motion to Suspend, or Alternatively Extend, the Briefing Schedule. | | 01-07873 |
| 05/21/2001 | Order/Procedural | Filed Order Granting Motion. We grant the motion filed May 10, 2001. The briefing in this matter is hereby suspended. Appellant shall file a motion for remand if the district court grants appellant's request to certify this matter, or appellant shall inform this court in writing that the district court has declined to certify this matter or has yet to resolve the issue within 30 days from the date of this order. | | 01-08356 |
| 06/05/2001 | Motion | Filed Motion. Motion for Remand. | | 01-09340 |
| 06/28/2001 | Order/Procedural | Filed Order Granting Motion. filed May 21, 2001. We hereby remand this appeal to the district court for the limited purpose of entering an order consistent with its certification. fn1[This order of limited remand does not affect the viability of this appeal or the continuing jurisdiction of this court.] The clerk of the district court shall transmit a copy of any order entered pursuant to this remand to this court within 10 days from the filing of that order. Appellant shall, within 20 days of entry of the district court's order, file a notice with this court informing this court of the effect of the district court's order on the issues remaining on appeal, and request a briefing schedule if appropriate. | | 01-10982 |
| 03/01/2002 | Notice/Incoming | Filed Substitution of Attorneys. Dora Ann Davidson a/ka Dora Ann Thien hereby substitutes Rebecca L. Burton in the place and stead of Bruce I. Shapiro as her attorney of record. | | 02-03802 |
| 03/22/2002 | Order/Procedural | Filed Order/Briefing Reinstated. On June 28, 2001, this court entered an order granting the parties joint motion to remand this appeal to the district court for the limited purpose of entering an order consistent with its certification that was attached to the motion. That order directed the district court clerk to transmit a copy of any order entered pursuant to that remand to this court within 10 days of entering any such order. Further, our order also directed appellant to file a notice with this court informing this court of the effect of the district court's order on the issues remaining on appeal. As of the date of this order, we have not received a copy of any order entered by the district court, or a notice from appellant. Unless appellant notifies this court otherwise within 10 days, we will assume that the district court has not entered an order that effects any of the issues on appeal. Appellant shall file and serve the opening brief and appendix within 60 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 02-05119 |
| 04/01/2002 | Letter/Incoming | Filed Letter. from attorney Rebecca Burton in response to this court's order of March 22, 2002, enclosing copies of numerous documents filed in district court. | | 02-05810 |
| 05/01/2002 | Order/Procedural | Filed Order. On April 1, 2002, appellant submitted a letter in response to our March 22, 2002, order. Appellant informs this court that the district court entered an order on March 12, 2002, pursuant to our order of limited remand. Appellant represents, however, that the order "do[es] not affect any of the matters on appeal.' Further, appellant informs this court that there are other matters in the district court that do not affect the issues in this appeal. Accordingly, this appeal shall proceed as directed in our March 22, 2002, order. | | 02-07661 |
| 05/23/2002 | Brief | Filed Opening Brief. Mailed on: 05/21/02. | | 02-09095 |
| 05/23/2002 | Appendix | Filed Appendix to Opening Brief. Vols. 1 and 2. | | 02-09096 |
| 06/17/2002 | Brief | Filed Answering Brief. Mailed on: 06/17/02. | | 02-10486 |
| 07/19/2002 | Brief | Filed Reply Brief. Mailed on: 07/17/02. | | 02-12384 |
| 02/03/2003 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. | | 03-01759 |
| 02/03/2003 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP03-DA/MS/NB | | |
| 04/08/2003 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." SNP03-DA/MS/NB | | 03-05880 |
| 05/06/2003 | Remittitur | Issued Remittitur. | | 03-06248 |
| 05/06/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 05/14/2003 | Remittitur | Filed Remittitur. Received by County Clerk on May 9, 2003. | | 03-06248 |