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United States Court Cases

Nevada Supreme/Appellate Court Record

TOMARCO CONTRACTOR VS. HAASE

Case Information: 35267
Short Caption:TOMARCO CONTRACTOR VS. HAASECourt:Supreme Court
Related Case(s): 35324 , 38920
Lower Court Case(s):Clark Co. - Eighth Judicial District - A341429Classification:Civil Appeal - General - Other
Disqualifications:Becker, MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:12/23/1999 / Singer, MichaelSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/10/1999OtherDisqualification of Justice Becker. Sat in district court proceedings.
12/10/1999OtherDisqualification of Justice Maupin. Law firm of Thorndal Armstrong Delk Balkenbush & Eisinger.
12/10/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Thorndal Armstrong Delk Balkenbush & Eisinger--check no. 048927.
12/10/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-12410
12/20/1999TranscriptFiled Transcript. Proceedings: 8/9/99, 8/16/99. Court Reporter: Alice Eastgate. 99-12926
12/21/1999MotionFiled Motion to Dismiss Appeal. 99-12974
12/23/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Michael H. Singer. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
01/12/2000MotionFiled Motion to Extend Time. Appellant's Motion for Extension of Time to File an Opposition to Motion to Dismiss. 00-00535
01/21/2000TranscriptFiled Transcript. 08/24/99; 08/25/99 08/26/99; 08/27/99; 08/31/99; 09/01/99; and 09/02/99 Proceedings: Court Reporter: Alice Eastgate. 00-01013
03/03/2000Notice/IncomingFiled Notice of Appearance. Substitution of Attorneys. Rawlings, Olson, Cannon, Gormley & Desriusseaux, and Dana Jonathon Nitz, in place and stead of Thorndal, Armstrong, Delk, Balkenbush & Eisinger, as counsel for appellant. 00-03402
03/09/2000Notice/IncomingFiled Proof of Service. for Substitution of Attorneys. 00-03736
04/24/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a partial settlement of this matter. Counsel for Appellant and Haase shall reschedule for further settlement conference. 00-06550
04/24/2000Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Partial Settlement. The appeal between Tomarco and Haase only remains, subject to further settlement discussions. 00-06551
04/24/2000Settlement AgreementFiled Settlement Agreement. 00-06599
04/26/2000Order/ProceduralFiled Order. In the interest of judicial economy, we approve the substitution of counsel filed on 3/3/00. Fn1[The clerk of this court shall amend the docket in this matter to reflect that appellant is represented by the law firm of Rawlings, Olson, Cannon, Gormley & Desruisseaux. 00-06759
05/05/2000Letter/IncomingFiled Letter. Letter from attorney Dana Jonathon Nitz regarding consolidating 35267/35324. 00-07381
05/09/2000Order/Clerk'sFiled Clerk's Order Approving Stipulation. Order Partially Dismissing Appeal. Pursuant to the settlement conference and the stipulation of the parties, " . . . this appeal is dismissed as to respondent Pierce Lathing Co., D/B/A Pierce Enterprises, only." The parties shall bear their own costs and attorneys' fees. The clerk of this court shall remove Pierce Lathing Co., D/B/A Pierce Enterprises, as respondent from the caption of this court's docket. SNP/CLK 00-07602
06/08/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: June 28, 2000. 00-09668
10/04/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-17617
10/04/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
10/19/2000Docketing StatementFiled Docketing Statement. 00-18551
11/01/2000Docketing StatementFiled Response to Docketing Statement. 00-19198
11/07/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. This court shall conduct a preliminary jurisdictional review of this appeal. fn1[On December 21, 1999, former respondent Pierce Lathing Co. filed a motion to dismiss this appeal, and on January 12, 2000, appellant filed a motion for an extension of time to file an opposition. On May 9, 2000, this appeal was dismissed as to respondent Pierce Lathing Co. We deny as moot Pierce Lathing Co.'s motion to dismiss and appellant's motion for an extension of time to file an opposition. The clerk shall return to appellant, unfiled, the proposed opposition received on January 10, 2000.] During the pendency of the settlement proceedings, court reporter Alice Eastgate filed certified copies of transcripts for proceedings conducted on August 24 through 27, 1999, August 31, 1999, and September 1 through 2, 1999. In the event appellant intends to cite to transcripts in addition to those filed by court reporter Eastgate, it shall, within 15 days of the date of this order, file and serve a transcript request form or file a certificate of no transcript request. Appellant shall have 120 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 00-19543
11/07/2000Notice/OutgoingIssued Letter. to attorney Daniel D. Norr of the Thorndal firm: returned unfiled, with a copy of the Order filed November 7, 2000, the Original Appellant's Opposition to Respondents' Motion to Dismiss Appeal, received January 10, 2000.
11/22/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/5/98, 12/14/98, 7/2/99. To Court Reporter: Alice Eastgate. 00-20542
02/12/2001Letter/IncomingFiled Letter. from Court Reporter Sharleen Nicholson regarding transcripts. 01-02824
03/08/2001BriefFiled Opening Brief. Mailed on: 03/07/01. 01-04246
03/08/2001AppendixFiled Joint Appendix. 01-04247
03/08/2001AppendixFiled Appendix. Alphabetical Index of Supplemental Appellant's Appendix. 01-04248
03/22/2001MotionFiled Motion to Dismiss Appeal. Respondent David K. Haase's Motion to Dismiss Appeal filed by Appellant Tomarco Contractor Specialties, Inc., for Lack of Jurisdiction, or in the Alternative, Motion to Strike Portions of Appellant Tomarco Contractor Specialties, Inc.'s Opening Brief, and Motion for Enlargment of Time to file Respondent Haase's Answering Brief. 01-05061
03/26/2001TranscriptFiled Transcript. Proceedings: December 14, 1998. Court Reporter: Alice Eastgate. 01-05241
04/05/2001MotionFiled Response to Motion. Opposition of Appellant Tomarco Contractor Specialties to Haase's Motion to Dismiss Appeal for Lack of Jurisdiction, or in the Alternative, Motion to Strike Portions of Appellant's Opening Brief. 01-05824
04/09/2001MotionFiled Motion for Permission to File Document. Respondent's Motion for Leave of Court to File A Reply in Support of Respondent's Motion to Dismiss Appeal for Lack of Jurisdiction, or in the Alternative, Motion to Strike Portions of Appellant's Opening Brief. 01-06118
07/13/2001Order/ProceduralFiled Order/Show Cause. Response due from appellant: 30 days from the date of this order. fn3[It appears that this potential jurisdictional defect could be cured if the district court enters written orders resolving the cross-claims against Veldon Simpson Architect and appellant files a timely new appeal.] The briefing schedule in this appeal is suspended pending our review of the jurisdiction issues presented. fn4[We defer ruling on respondent's motions filed on March 22, 2001 and April 2001.] 01-11920
08/13/2001MotionFiled Response to Order to Show Cause. 01-13687
08/14/2001MotionReceived Reply to Response. Respondent David Haase's Response to Appellant Tomarco Contractor Specialties, Inc.'s Response to Order to Show Cause. 01-13785
08/14/2001MotionFiled Motion for Permission to File Document. Respondent David Haase's Motion for Leave to file Response to Appellant Tomarco Contractor Specialties, Inc.'s Response to Order to Show Cause. 01-13784
10/22/2001Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal DISMISSED." fn2[We grant respondent's August 14, 2001 motion to file a reply and direct the clerk of this court to file the proposed reply.] fn4[We deny as moot respondent's March 22, 2001 motion to dismiss this appeal and respondent's April 9, 2001 motion to rile a reply in support of his motion.] SN02Y-CY/DA/ML 01-17745
10/22/2001MotionFiled Reply to Response. Respondent David Haase's Response to Appellant tomarco Contractor Special Ties, Inc's Response to Order to Show Cause. 01-13785
11/19/2001RemittiturIssued Remittitur. 01-17836
11/19/2001Case Status Update Remittitur Issued/Case Closed.
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on November 28, 2001. 01-17836