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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 38959
Short Caption:LEWIS VS. STATE, PUBLIC SAFETYCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0103758Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/08/2002 / Frey, NicholasSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:04/18/2003How Submitted:On Briefs

+ Party Information

Docket Entries
12/20/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kenneth James McKenna, Inc.--check no. 4794.
12/20/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 01-21499
01/08/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Nicholas F. Frey. (Briefing and preparation of transcripts suspended pending further order of this court.)
01/11/2002Other Returned Unfiled Document. Blank Docketing Statement mailed to counsel for appellant.
01/14/2002MotionFiled Motion to Extend Time. 02-00952
01/14/2002Docketing StatementReceived Docketing Statement. 02-00953
01/16/2002MotionFiled Response to Motion. Opposition to Motion for Extension of Time to File Docketing Statement 02-01112
01/18/2002Notice/IncomingFiled Proof of Service. for Appellant's Motion for Extension of Time to File Docketing Statement. 02-01325
01/24/2002Other Returned Unfiled Document. Appellant's Reply to Respondent's Opposition to Motion for Extension of Time to File Docketing Statement, Returned, with letter (pursuant to NRAP 27(a)),
01/29/2002MotionFiled Motion for Permission to File Document. Permission for Appellant to File Appellant's Reply to Respondent's Opposition to Motion for Extension of Time to File Docketing Statement. 02-01908
02/20/2002Order/ProceduralFiled Order Granting Motion. On January 14, 2002, appellant filed a motion requesting an extension of time to file the corrected docketing statement. Respondents oppose the motion. We grant appellant's motion. The clerk of this court shall file the docketing statement received on January 14, 2002. Because we grant appellant's motion, we deny as moot appellant's request to file a reply to respondents' opposition. The clerk shall return, unfiled, the proposed reply received on January 29, 2002. 02-03226
02/20/2002Docketing StatementFiled Docketing Statement. 02-00953
02/20/2002Notice/OutgoingIssued Letter. to attorney Kenneth J. McKenna. Returned unfiled, the original Appellant's Reply to Respondent's Opposition to Motion for Extension of Time to File Docketing Statement, received January 29, 2002.
02/21/2002Notice/Outgoing Letter. Nicholas F. Frey. (Docketing statement)
03/21/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-05064
03/29/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. This court shall conduct a preliminary jurisdictional review of this appeal. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 02-05658
04/02/2002Transcript RequestFiled Certificate of No Transcript Request. 02-05836
07/26/2002BriefFiled Opening Brief. Mailed on: Hand delivered 07/26/02. STRICKEN BY ORDER 10/17/02. 02-12838
07/26/2002AppendixFiled Appendix to Opening Brief. STRICKEN BY ORDER 10/17/02. 02-12839
08/23/2002MotionFiled Stipulation and Order. Brief due: September 27, 2002. 02-14489
09/16/2002MotionFiled Motion to Strike. (Excerpts and Portions of Opening Brief). 02-16114
09/20/2002BriefFiled Answering Brief. Mailed on: Hand delivered 09/20/02. 02-16393
09/25/2002MotionFiled Response to Motion. Appellant's Opposition to Respondent's Motion to Strike. 02-16609
09/27/2002BriefFiled Reply Brief. Mailed on: Hand deliverd 09/27/02. 02-16747
10/07/2002MotionFiled Motion. Request for Submission. 02-17253
10/17/2002Order/ProceduralFiled Order Granting Motion. and Striking Opening Brief and Appendix. The clerk of this court shall strike the opening brief and appendix filed on July 26, 2002. We deny as moot respondents' 'Request for Submission' filed on October 7, 2002. Appellant shall have 10 days from the date of this order to file and serve: (1) a corrected opening brief that does not contain citations to documents that are improperly before this court, and (23) a new appendix. The corrected opening brief shall not be substantially different and shall differ only in that it contains citations to documents that are properly before this court. 02-18038
10/17/2002Notice/OutgoingIssued Letter. to Glade A. Myler, Deputy Attorney General. Returned unfiled, the original "Reply to Opposition to Motion to Strike" received October 3, 2002.
10/24/2002BriefFiled Opening Brief. Opening Amended Brief of Appellant. Mailed on: Hand delivered 10/24/02. 02-18410
10/24/2002AppendixFiled Appendix to Opening Brief. Amended Excerpts of Record of Appellant. 02-18411
11/07/2002MotionFiled Motion to Strike. 02-19267
03/11/2003Order/ProceduralFiled Order Denying Motion. On October 24, 2002, appellant filed an amended opening brief and an amended appendix. On November 7, 2002, respondents filed a second motion to strike. In the alternative, respondents request this court to order appellant to show cause why sanctions should not be imposed. Some of the documents were presented to the district court as exhibits attached to a motion or opposition, or were otherwise considered by the district court. Respondent correctly notes that other documents were stricken from the district court record and not considered by the court in resolving respondent's motion to dismiss. Nevertheless, in the interest of judicial efficiency, we deny the renewed motion to strike. We remind the parties that in resolving this appeal this court will disregard any document improperly appearing in the appellate record. Specifically, documents that were not filed in the district court or otherwise considered by the district court shall be disregarded. We deny respondents' alternative request to order appellant to show cause why sanctions should not be imposed. 03-04090
04/18/2003Order/ProceduralFiled Order/Submit on Briefs. Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 03-06640
04/18/2003Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP03-RR/WM/MG
06/18/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP03-RR/WM/MG 03-10185
07/15/2003RemittiturIssued Remittitur. 03-10387
07/15/2003Case Status Update Remittitur Issued/Case Closed.
07/31/2003RemittiturFiled Remittitur. Received by County Clerk on July 16, 2003. 03-10387