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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 34681
Short Caption:KMART VS. RAPPCourt:Supreme Court
Lower Court Case(s):Carson City - First Judicial District - 9700842AClassification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:08/27/1999 / Shipman, MadelynSP Status:Completed
Oral Argument:10/09/2000 at 9:00 AMOral Argument Location:Carson City
Submission Date:10/09/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
08/18/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Edwards, Hale, Sturman & Atkin, Ltd.--check no. 016556.
08/18/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-07699
08/19/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Arthur J. Bayer Jr.--check no. 1163.
08/19/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. 99-07726
08/27/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Madelyn Shipman. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/01/1999Notice/IncomingFiled Notice. Notice of Change of Address for law firm of Lemons, Grundy & Eisenberg. 99-12005
12/13/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-12507
12/14/1999MotionFiled Stipulation. Stipulation to amend caption. 99-12581
01/13/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. On December 14, 1999, the parties filed a stipulation to amend the caption. We approve the parties' stipulation. The clerk shall modify the caption to reflect that Kmart Corporation is the appellant/cross-respondent and Rapp is the respondent/cross-appellant. Appellant/cross-respondent and respondent/cross-appellant: 15 days to file a docketing statement and transcript request form or certificate of no transcript request. Appellant/cross-respondent: 120 days to file opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel for appellant/cross-respondent-Edwards firm and Lemons firm, and respondent/cross-appellant). Caption modified on the docket sheet. 00-00593
01/13/2000MotionFiled Motion. Motion to Expedite Consideration of Appeal. 00-00608
01/18/2000MotionFiled Response to Motion. Opposition to Motion to Expedite Consideration of Appeal. 00-00814
01/20/2000Docketing StatementFiled Docketing Statement. Appellant/cross-respondent Kmart Corporation. 00-00938
01/20/2000Transcript RequestFiled Certificate of No Transcript Request. Appellant/cross-respondent Kmart Corporation. 00-00939
01/24/2000Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant Shirley Rapp. 00-01070
01/24/2000Transcript RequestFiled Certificate of No Transcript Request. Respondent/Cross-Appellant Rapp. 00-01130
01/26/2000Other Other. Filed Amendment to Docketing Statement. 00-01263
01/26/2000Notice/IncomingFiled Proof of Service. Affidavit of Mailing of Docketing Statement (Rapp). 00-01264
01/27/2000Order/ProceduralFiled Order/Motion Granted in Part. On January 13, 2000, respondent moved to expedite consideration of this appeal by shortening the briefing schedule and dispensing with oral argument. We grant respondent's motion, in part. Appellant's opening brief and appendix shall be served and filed within 60 days from the date of this order. The briefing schedule shall proceed thereafter with the schedule set forth in our order entered January 13, 2000. Extensions of this briefing schedule will be granted only by court order. We deny respondent's motion to dispense with oral argument. This court shall determine whether oral argument is warranted after the completion of briefing. 00-01333
01/27/2000Notice of Appeal DocumentsFiled Documents from District Court Clerk. Certified copy of List of Exhibits-Jury Trial, inadvertently omitted from notice of appeal packet filed on August 18, 1999. 00-01379
01/31/2000Docketing StatementFiled Response to Docketing Statement. Response to Amended Docketing Statement filed by Kmart. 00-01519
03/20/2000BriefFiled Opening Brief. Appellant/Cross-Respondent. Mailed on: 3/17/00. 00-04351
03/20/2000AppendixFiled Appendix to Opening Brief. Appellant/Cross-Respondent. Vols. 1 and 2. 00-04352
03/31/2000MotionFiled Motion and Order/Excess Pages. Granted: 49 pages. 00-05236
03/31/2000BriefFiled Answering Brief. Respondent's Answering Brief and Opening Brief on Cross-Appeal. Respondent/Cross Appellant. Mailed on: Hand delivered 3/31/00. 00-05240
03/31/2000AppendixFiled Appendix to Answering Brief. Respondent/Cross-Appellant. 00-05241
04/05/2000Notice/IncomingFiled Notice. Errata to Opening Brief. 00-05459
05/02/2000MotionFiled Motion and Order/Excess Pages. Granted: 42 pages. 00-07126
05/02/2000BriefFiled Reply Brief. Appellant/Cross-Respondent. Mailed on: 5/1/00. 00-07155
05/02/2000AppendixFiled Appendix to Reply Brief. Appellant/Cross-Respondent. 00-07156
05/18/2000BriefFiled Reply Brief on Cross-Appeal. Respondent/Cross-Appellant. (Mailed on: Hand delivered 5/18/00.) 00-08303
07/31/2000MotionFiled Motion. Motion to Expedite Consideration of Appeal. 00-13241
08/03/2000MotionFiled Motion. Kmart Corporation's Response to Motion to Expedite Appeal. 00-13448
08/28/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 9, 2000 at 8:30 a.m. in Carson City. (NNP00A-MS/DA/ML) 00-15090
09/07/2000Order/ProceduralFiled Order Denying Motion. On July 31, 2000, respondent moved this court to expedite this appeal by dispensing with oral argument and rendering a decision based upon the briefs, appendices and record. Appellant filed an opposition to the motion on August 3, 2000. The court has determined that oral argument is warranted. We deny respondent's motion to resolve this appeal without argument. Nevertheless, resolution of this appeal shall be expedited as the court's calendar allows. 00-15744
09/21/2000Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 30 minutes on October 9, 2000 at 9:00 a.m. in Carson City. (NNP00A-MS/DA/ML)
10/09/2000Case Status Update Submitted for Decision. Northern Nevada Panel: NNP00A-MS/DA/ML.
12/21/2000Order/DispositionalFiled Order of Affirmance. "We affirm the district court's judgment." - NNP00A-MS/DA/ML. 00-22221
01/08/2001Filing FeeReceived Filing Fee Paid on Filing. $100 from Lemons, Grundy & Eisenberg-check no. 30275.
01/08/2001Post-Judgment PetitionFiled Petition for Rehearing. Kmart's Petition for Rehearing. Mailed on: Reno/Carson Msgr. 1/8/00. 01-00402
04/05/2001Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NNP00A-MS/DA/ML 01-05811
04/12/2001MotionFiled Motion for Stay. Emergency Motion to Stay Issuance of Remittitur (Remittitur to be issued April 16, 2001, in absence of stay). 01-06369
04/12/2001Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on: Hand Delivered. 01-06370
04/18/2001Order/ProceduralFiled Order Granting Motion. Order Staying Issuance of Remittitur. On April 5, 2001, the panel denied appellant/cross-respondent's petition for rehearing. On Arpil 12, 2001, appellant/cross-respondent filed a petition for en banc reconsideration of the order of affirmance, and an emergency motion to stay issuance of the remittitur. We grant the motion and stay issuance of the remittitur pending our resolution of the petition for en banc reconsideration. 01-06604
04/18/2001MotionFiled Response to Motion. Opposition to Motion for Stay of Issuance of Remittitur. 01-06615
07/10/2001Post-Judgment OrderFiled Order Denying En Banc Reconsideration. On April 12, 2001, Kmart filed a petition for en banc reconsideration. We have reviewed the petition, and we conclude that en banc reconsideration is not warranted. " . . . we deny the petition." fn1[We vacate our April 18, 2001 order, which stayed issuance of the remittitur pending our resolution of this petition.] EN BANC-WM/CY/MS/DA/RR/ML/NB 01-11640
07/26/2001RemittiturIssued Remittitur. 01-11669
07/26/2001Case Status Update Remittitur Issued/Case Closed.
07/30/2001RemittiturFiled Remittitur. Received by County Clerk on July 27, 2001. 01-11669