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United States Court Cases

Nevada Supreme/Appellate Court Record

WAL-MART VS. FRANZE C/W 34817

Case Information: 35261
Short Caption:WAL-MART VS. FRANZE C/W 34817Court:Supreme Court
Consolidated: 34817 *, 35261Related Case(s): 34817
Lower Court Case(s):Clark Co. - Eighth Judicial District - A352533Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:12/20/1999 / Allf, NancySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:01/17/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/10/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley Singleton Jemison Cobeaga & List--check no. 073352.
12/10/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-12398
12/20/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Nancy L. Allf. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
01/14/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-00645
02/09/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellant: 15 days to file the docketing statement and comply with NRAP 9(a); 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.) 00-02034
02/28/2000Docketing StatementFiled Docketing Statement. 00-03080
02/28/2000Transcript RequestFiled Request for Transcript of Proceedings. April 19, 1999 through April 23, 1999 Transcripts requested: To Court Reporter: Free Lance Court Reporters. 00-03094
04/06/2000Order/ProceduralFiled Order/Show Cause. Response due from appellant: 30 days from the date of this order. The briefing schedule in this matter shall be suspended pending further order of the court. 00-05583
05/30/2000MotionFiled Motion to Extend Time. Request for Additional Time to Respond to Order to Show Cause why Appeal should not be Dismissed. 00-09062
06/02/2000MotionFiled Motion to Extend Time. Request for Additional Time to Respond to Order to Show Cause why Appeal should not be Dismissed (Second request). 00-09328
06/09/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 00-09766
06/12/2000MotionFiled Motion to Consolidate. (nos. 34817/35261). 00-09893
07/10/2000TranscriptFiled Transcript. Proceedings: April 22, 1999. Court Reporter: Diann Prock. 00-11746
07/21/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant's unopposed motion to consolidate these appeals filed on June 12, 2000, is granted. The above-entitled appeals shall be consolidated for all appellate purposes. Document No. 00-12602. Nos. 34817, 35261.
09/07/2000MotionFiled Stipulation. (Nos. 34817 and 35261). (Stipulation not granted-consolidated cases and in case no. 35261, briefing has been suspended per order filed 4/6/00.)
09/18/2000TranscriptFiled Transcript. Proceedings: April 20, 1999. Court Reporter: Renee Silvaggio. Nos. 34817/35261
09/21/2000Order/ProceduralFiled Order. Order Granting Motions for Extension of time and Reinstating Briefing. Docket No. 35261: on April 6, 2000, we ordered appellant to show cause within thirty days why this appeal should not be dismissed for lack of jurisdiction. Appellant finally submitted an untimely response to our show cause order on June 5, 2000, almost thirty days overdue. Because the jurisdictional defect appears cured, we hereby grant appellant's belated motions for additional time to file its response. fn2[We direct the clerk of this court to file the response received on June 5, 2000.] We caution appellant and appellant's counsel, that in the future such untimely responses to this court's show cause orders may result in the imposition of sanctions, including the dismissal of the appeal. We conclude that this appeal may proceed and briefing resume. Appellant shall have 60 days from the date of this order to file and serve the opening brief and appendix. Briefing shall proceed with NRAP 31(a)(1). Nos. 34817, 35261. Document No. 00-16676.
09/21/2000MotionFiled Response to Order to Show Cause. 00-09421
09/27/2000Order/Clerk'sFiled Clerk's Order. On September 21, 2000, briefing was reinstated in these consolidated appeals, and a new briefing schedule was set forth. The stipulation for an extension of time to file the opening brief filed in Docket No. 34817 on September 7, 2000, is disapproved as moot. Nos. 34817, 35261. Document No. 00-17069.
10/04/2000Order/ProceduralFiled Order. Transcripts have been filed in these consolidated appeals for proceedings held on the following dates: April 20, 1999, and April 22, 1999. Our review of the district court docket sheet indicates that no court proceedings were held in this case on April 19, 1999, and April 23, 1999, however, proceedings were held on April 21, 1999, and the transcripts for these proceedings have not been filed with this court. Free Lance Court Reporters shall have twenty (20) days from the date of this order within which to file and serve the remaining requested transcripts, to file a motion for an extension of time to do so, or to inform this court in writing why the requested transcripts cannot be produced. We admonish appellant's counsel for including in the transcript request form dates on which district court proceedings were not held. Nos. 34817, 35261. Document No. 00-17571.
11/16/2000MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeals and for Sanctions Based on Appellant's Continued Disregard of This Court's Admonitions. Nos. 34817/35261.
11/22/2000MotionFiled Motion and Order Extending Time. Brief due: December 20, 2000. (Nos. 34817 and 35261).
11/22/2000MotionFiled Response to Motion. (nos. 34817/35261). 00-20597
11/29/2000MotionFiled Response to Motion. Opposition to Motion to Dismiss Appeals and for Sanctions Based on Appelllant's Continued Disregard of this Court's Admonitions (nos. 34817/35261).
12/07/2000MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply in Support of Motion to Dismiss Appeal and for Sanctions Based on Appellant's Continued Disregard of this Court's Admonitions (nos. 35261/34817).
12/07/2000MotionReceived Reply to Response. File Reply in Support of Motion to Dismiss Appeal and for Sanctions Based on Appellant's Continued Disregard of this Court's Admonitions (nos. 35261/34817).
12/12/2000TranscriptFiled Transcript. Proceedings: April 21, 1999. Court Reporter: Diann Prock. (Nos. 34817 and 35261).
12/22/2000MotionFiled Motion to Extend Time. Nos. 34817/35261. Doc. No. 00-22319
01/02/2001MotionFiled Response to Motion. Opposition to Motion for Extension of Time to File Appellant's Opening Brief. Nos. 34817/35261. Doc. No. 01-00085
01/16/2001Letter/IncomingFiled Letter. from attorney Charles A. Michalek regarding Receipt of Copy which was attached to Repondent's Opposition to Appellant's Motion for an Extension of Time to file Opening Brief---filed on 1/2/01. Nos. 34817/35261. 01-00914
01/19/2001Notice/IncomingFiled Errata. Errata to Opposition to Motion for Extension of Time to File Appellant's Opening Brief. Nos. 34817/35261.
02/07/2001Letter/IncomingFiled Letter. from attorney Clark Seegmiller regarding the numerous extensions of time requested by appellant's attorney, Dan Polsenberg. Nos. 34817/35261 (01-02474).
02/21/2001MotionFiled Motion for Excess Pages. Nos. 34817/35261 (01-03244).
02/21/2001MotionFiled Motion for Excess Pages. Amended. Nos. 34817/35261 (01-03245).
02/21/2001BriefReceived Opening Brief. Mailed on: LV Drop Box 2/16/01 Nos. 34817/35261 (01-03246).
03/02/2001MotionFiled Response to Motion. Opposition to "Amended Motion for Leave to Exceed Page Limitation". Nos. 34817/35261 (01-03871).
03/07/2001AppendixReceived Appendix to Opening Brief. Nos. 34817/35261 (01-04134)
03/27/2001Order/ProceduralFiled Order. The parties have filed various motions related to the prosecution of these appeals. This order resolves those motions. fn3[We grant respondent's motion filed on December 7, 2000, requesting leave to file a reply in support of the motion to dismiss. The clerk of this court shall file the reply in support of motion to dismiss appeal received on December 7, 2000.] fn5[We note that several of the complaints lodged by Messrs. Polsenberg and Seegmiller against each other in the documents discussed in this order and in letters received by this court appear trivial or inconsequential and seem to reflect personal animosity between counsel. We remind counsel that this court's resources are sufficiently strained without being involved in personal conflict between attorneys.] Having cautioned Mr. Polsenberg in our order entered on September 21, 2000, that 'future . . . untimely responses . . . may result in the imposition of sanctions,' we conclude that the imposition of sanctions against Mr. Polsenberg is warranted based on the failure to submit the opening brief and appendix by the requested new due date. Mr. Polsenberg shall, within 10 days from the date of this order, personally pay to respondent sanctions in the sum of $250 and file with the clerk of this court a certificate or affidavit verifying that such payment has been made. Having reviewed the motions, oppositions, replies and record before this court, we: (1) deny respondent's motion to dismiss this appeal and for sanctions; (2) deny, as moot, appellant's second motion for an extension of time to file the opening brief; (3) grant appellant's motion for leave to file a brief in excess of thirty pages; (4) direct the clerk of this court to file appellant's 36-page opening brief received on February 21, 2001, and appendix received on March 7, 2001; (5) direct respondent to file and serve the answering brief within 30 days from the date of this order; and (6) impose sanctions against Mr. Polsenberg as set forth in his order. Nos. 34817/35261. (01-05400)
03/27/2001MotionFiled Reply to Response. Reply in Support of Motion to Dismiss Appeals and for Sanctions Based on Appellant's continued Disregard of this Court's Admonitions. Nos. 34817/35261. (00-21429)
03/27/2001BriefFiled Opening Brief. Mailed on: LV Drop Box 2/16/01. Nos. 34817/35261-Brief in No. 34817. (01-03246) STRICKEN BY ORDER 05/09/01.
03/27/2001AppendixFiled Appendix to Opening Brief. Nos. 34817/35261-Appendix in No. 34817. (01-04134)
04/05/2001MotionFiled Motion. Appellant's Acknowledgement of Sanction and Motion for Leave to File an Amended Opening Brief. Nos. 34817/35261. (01-05847)
04/05/2001BriefReceived Amended Brief. Appellant's Amended Opening Brief. Nos. 34817/35261. (01-05848)
04/10/2001Notice/IncomingFiled Proof of Payment of Sanction. Affidavit of Daniel F. Polsenberg in Compliance with Court Order. Nos. 34817/35261 (01-06145).
04/26/2001MotionFiled Stipulation. Nos. 34817/35261 (01-07027).
05/09/2001Order/ProceduralFiled Order. Order Granting Motion and Approving Stipulation. We grant the unopposed motion filed on April 5, 2001. The clerk of this court shall strike the opening brief filed on March 27, 2001, and file the amended opening brief received on April 5, 2001. We approve the parties' stipulation for an extension of time filed on April 26, 2001. Respondent shall have until May 25, 2001, to file and serve the answering brief. Nos. 34817/35261. (01-07751)
05/09/2001BriefFiled Amended Brief. Appellant's Amended Opening Brief. Nos. 34817/35261 (Original Brief filed in No. 34817.)
05/25/2001BriefFiled Answering Brief. Mailed on: Fed Ex 05/24/01. Nos. 34817/35261 (01-08778).
05/25/2001AppendixFiled Appendix to Answering Brief. Nos. 34817/35261 (01-08779).
06/25/2001MotionFiled Motion and Order Extending Time. Brief due: July 6, 2001. Nos. 34817/35261 (01-10702).
07/09/2001MotionFiled Motion to Extend Time. Nos. 34817/35261 (01-11529).
07/11/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed July 9, 2001. Appellant's reply brief shall be served and filed on or before July 13, 2001. Nos. 34817/35261. (01-11678)
07/17/2001BriefFiled Reply Brief. Mailed on: 07/13/01. Nos. 34817/35261 (01-12127).
01/17/2002Order/ProceduralFiled 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. Nos. 34817/35261. (02-01187)
01/17/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP02-CY/DA/ML. Nos. 34817/35261.
05/14/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP02-CY/DA/ML. Nos. 34817/35261. 02-08451
06/11/2002RemittiturIssued Remittitur. Nos. 34817/35261. 02-08651
06/11/2002Case Status Update Remittitur Issued/Case Closed.
07/22/2002RemittiturFiled Remittitur. Received by County Clerk on July 15, 2002. 02-08651