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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 34015
Short Caption:BURNS VS. KURTH C/W 34819Court:Supreme Court
Consolidated:34015*, 34819 Related Case(s): 34819
Lower Court Case(s):Clark Co. - Eighth Judicial District - A351566
Clark Co. - Eighth Judicial District - A351372
Classification:Civil Appeal - General - Other
Disqualifications:BeckerCase Status:Remittitur Issued/Case Closed
Replacement:Justice Maupin for Justice BeckerPanel Assigned: Panel
To SP/Judge:04/19/1999 / Elliott-Tavano, JenniferSP Status:Completed
Oral Argument:09/06/2001 at 10:00 AMOral Argument Location:Carson City
Submission Date:10/09/2001How Submitted:On Briefs

+ Party Information

Docket Entries
04/09/1999OtherDisqualification of Justice Becker. Sat in district court proceedings.
04/09/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from John Peter Lee--check no. 27557.
04/09/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-02695
04/19/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Jennifer Elliott-Tavano. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/26/1999Docketing StatementFiled Docketing Statement. 99-03247
06/10/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: June 23, 1999. 99-04936
06/17/1999Letter/IncomingFiled Letter. Letter from Settlement Judge Jennifer Elliott-Tavano recusing herself and requesting that this case be assigned to another settlement judge. 99-05269
06/23/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: July 22, 1999. 99-05501
07/27/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-06803
08/10/1999Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellant: 15 days to comply with provisions of NRAP 9(a); 120 days to file opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 99-07397
08/30/1999Transcript RequestFiled Request for Transcript of Proceedings. Proceedings: 3/4/96. To Court Reporter: Helene Karpe. 99-08102
10/15/1999Order/ProceduralFiled Order. Court reporter Helene Karpe shall have 20 days from the date of this order to file and serve the transcripts requested in this matter or show cause why sanctions should not be imposed. 99-09997
12/10/1999MotionFiled Stipulation and Order. Brief due: January 7, 2000. 99-12432
12/20/1999Notice/IncomingFiled Proof of Service. Certificate of Mailing (Stipulation). 99-12873
01/06/2000MotionFiled Motion to Extend Time. 00-00205
01/07/2000Order/Clerk'sFiled Clerk's Order. Appellants' opening brief and appendix shall be served and filed on or before February 7, 2000. 00-00243
01/13/2000Notice/IncomingFiled Proof of Service. (opening brief). 00-00568
02/09/2000BriefFiled Opening Brief. Mailed on: 2/7/00. 00-02080
02/09/2000AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 00-02081
02/14/2000Notice/IncomingFiled Proof of Service. (opening brief). 00-02340
03/10/2000MotionFiled Stipulation and Order. Brief due: April 10, 2000. 00-03823
04/10/2000MotionFiled Motion to Extend Time. 00-05740
04/12/2000Order/Clerk'sFiled Clerk's Order. The motion filed April 10, 2000, is granted. Respondent's answering brief shall be served and filed on or before May 10, 2000. 00-05894
05/11/2000MotionFiled Motion to Extend Time. 00-07808
05/12/2000Order/ProceduralFiled Order Granting Motion. Respondents shall have to and including May 19, 2000, to file and serve the answering brief. No further extensions shall be permitted absent extreme and unforeseeable circumstances. 00-07954
05/16/2000Order/ProceduralFiled Order. To date, court reporter Karpe has not file the requested transcript of proceedings held on March 4, 1996, or otherwise responded to our order entered on October 15, 1999. fn1[On February 9, 2000, appellants file the opening brief and appendix. Appellants included in the appendix transcripts of proceedings conducted on Arpil 8, 1997, October 20, 1997, and December 11, 1998.] Court reporter Karpe shall personally pay the sum of $100 to the Supreme Court Law Library and provide this court with proof of such payment within 20 days of the date of this court. Further court reporter Karpe shall have 20 days from the date of this order to file and serve the requested transcript or show cause why additional sanctions should not be imposed pursuant to NRAP 13. 00-08185
05/23/2000BriefFiled Answering Brief. Mailed on: Las Vegas Drop Box 5/19/00. (Joint Answering Brief for Steel Engineers, Stacy, Kurth and Zech.) 00-08610
05/23/2000AppendixFiled Appendix to Answering Brief. Vols. 1 through 6. (Joint Appendix for Steel Engineers, Stacy, Kurth and Zech.) 00-08611
05/30/2000Letter/IncomingFiled Letter. from Court Reporter Helene Karp. The proceedings of March 4, 1996, were not recorded. 00-09104
06/19/2000MotionFiled Stipulation and Order. Brief due: July 19, 2000. 00-10405
07/24/2000BriefFiled Reply Brief. Mailed on: 7/19/00. 00-12746
08/03/2000Order/ProceduralFiled Order. On August 30, 1999, appellants filed a transcript request form requesting that court reporter Helene Karp prepare and file in this court certified copies of transcripts for proceedings held on March 4, 1996. As of May 16, 2000, court reporter Karp had not filed the requested transcripts. On that date this court entered an order imposing sanctions of one hundred dollars ($100) against court reporter Karp and further directing her to file the requested transcripts within twenty days. On May 30, 2000, this court received a letter from court reporter Karp stating that because no request had been made to transcribe the March 4, 1996, proceedings, no report was made and no computer disks exist from which a transcript can be prepared. In view of court reporter Karp's letter, we vacate those portions of our October 15, 1999, and May 16, 2000, orders directing court reporter Karp to prepare and file the March 4, 1996, transcript. We further vacate that portion of our May 16, 2000, order imposing sanctions against court reporter Karp. Unless informed otherwise by appellants in writing within 10 days from the date of this order, we will deem all transcripts required for this appeal to have been filed in the district court and included in appellants' appendix. We admonish counsel for appellants for filing a transcript request form directing court reporter Karp to prepare and file a transcript in this appeal when no request was made at the time of the proceeding that it be reported. 00-13471
08/30/2000MotionFiled Motion to Consolidate. Motion to Consolidate Appeal No. 34819 with Appeal No. 34015 (nos. 34015/34819). 00-15330
09/11/2000MotionFiled Motion. Joinder in Appellant's Motion to Consolidate Appeal No. 34819 & 34015. 00-15954
09/19/2000Order/ProceduralFiled Order/Consolidation. We grant the parties' joint motion to consolidate these appeals, and we hereby consolidate the above-entitled matters for argument, if any, and for disposition. Nos. 34015, 34819. 00-16545
10/16/2000BriefFiled Reply Brief. Mailed on: LV Drop Box 10/12/00. (Filed in 34819 only.) Nos. 34819 & 34015. (00-18295)
10/16/2000AppendixFiled Appendix to Reply Brief. Vols. 1 and 2. (Filed in 34819 only.) Nos. 34819 & 34015. (00-18296)
03/16/2001Order/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. 34015/34819. (01-04780) 01-04780
03/16/2001Case Status Update Submitted for Decision. Southern Nevada Panel. SNP01A-CY/ML/NB. Nos. 34015/34819.
06/06/2001MotionFiled Motion. Motion for Oral Argument. Nos. 34015/34819. 01-09435
07/17/2001Order/ProceduralFiled Order Scheduling Oral Argument. On March 16, 2001, this court issued an order submitting these consolidated appeals for disposition without oral argument. Thomas Burns and Barbara Burns have now filed a motion requesting that this court schedule these matters for oral argument. We grant the unopposed motion. The clerk of this court shall schedule these appeals for oral argument on the court's first available calendar. Argument shall be limited to 30 minutes. Nos. 34015/34819. (01-12116) 01-12116
07/25/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 6, 2001, at 10:00 a.m. (SNP01A-WM/CY/ML) (Nos. 34015 and 34819)
08/23/2001Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 34015 and 34819)
08/23/2001BriefFiled Supplemental Authorities. (Thomas F. Burns, etc...). Nos. 34015/34819. 01-14314
08/24/2001Order/ProceduralFiled Order. On August 23, 2001, Thomas F. Burns and Barbara Burns filed a document entitled "Supplemental Authorities." This court shall disregard the supplemental authorities to the extent it improperly presents additional arguments on matters previously discussed in the briefs or contains documents not presented to the district court below. The opposing parties shall have until August 29, 2001, to file and serve a response, if deemed necessary, to the Burns' supplemental authorities. Nos. 34015/34819 01-14405
09/06/2001Case Status Update Oral Argument Held this Day. Case Submitted for Decision.. Before the Southern Nevada Panel. These consolidated appeals shall stand submitted upon the filing of supplemental briefs. Nos. 34015/34819. SNP01A-WM/CY/ML
09/10/2001Order/ProceduralFiled Order. These consolidated appeals were argued before the Southern Nevada Panel on September 6, 2001. The parties are hereby directed to file supplemental briefs addressing the district court's determination that there was no issue of fact regarding the ESOP valuation. Appellants in docket No. 34015 shall have 10 days from the date of this order to file and serve their supplemental brief. Respondents shall have 10 days from service of appellants' brief to file and serve a supplemental response brief. Appellants shall have 5 days from service of respondents' brief to file and serve a supplemental brief. If appellants do not intend to file a supplemental reply brief, they shall so inform the clerk of this court in writing within the same time period. (These supplemental briefs are to be filed in Nos. 34015 and 34819). Nos. 34015/34819. (01-15187) 01-15187
09/19/2001BriefFiled Supplemental Brief. Appellant's Supplemental Opening Brief. Mailed on: 09/17/01. Nos. 34015/34819. 01-15821
09/19/2001AppendixFiled Appendix. Appellant's Supplemental Appendix. Nos. 34015/34819. 01-15822
10/02/2001BriefFiled Supplemental Brief. Respondents' Supplemental Answering Brief. LV dropbox 9/28/01. Nos. 34015/34819 01-16559
10/09/2001BriefFiled Supplemental Brief. Appellant's Supplemental Reply Brief. Mailed on: LV Drop Box 10/05/01. Nos. 34015/34819. 01-16894
10/09/2001Case Status Update Submitted for Decision. Submitted on Supplemental Briefs.
12/04/2001Order/DispositionalFiled Dispositional Order/Appeal. Affirming in Part, Reversing in Part and Remanding. We conclude that the district court properly granted the respondents' motion for summary judgment. We additionally conclude that the district court erred in failing to explain its rationale for denying the respondents' request for attorney fees. "ORDER the district court's summary judgment AFFIRMED AND ORDER the district court's order denying attorney fees REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." SNP01A-WM/CY/ML. Nos. 34015/34819. 01-20291
12/19/2001MotionFiled Motion. Steel Engineers, Inc.'s Verified Bill of Costs. Nos. 34015/34819 01-21423
12/19/2001MotionFiled Motion. Robert O. Kurth, Individually and as Trustee of the Kurth Revocable Trust, et. al's Verified Bill of Costs. Nos. 34015/34819 01-21424
12/24/2001MotionFiled Motion. Motion to Disallow Taxing of Excessive Costs. Nos. 34015/34819. (01-21620) 01-21620
01/03/2002Order/ProceduralFiled Order Granting Motion. On December 4, 2001, this court entered an order in these consolidated appeals affirming the district court's order granting summary judgment in favor of respondents, and reversing and remanding the district court's order denying respondents' motion for attorney fees. fn1[For simplicity, we refer to respondents in Docket Number 34015 and appellants in Docket Number 34819, collectively as "respondents," and appellants in Docket Number 34015 and respondents in Docket Number 34819 as "appellants."] On December 19, 2001 respondents Steel Engineers, Inc. and Robert O. Kurth each filed verified bills of costs. Steel Engineers claimed costs totaling $2,169.25 and Mr. Kurth claimed costs totaling $262.79.On December 24, 2001, appellants filed "Motion to Disallow Taxing of Excessive Costs.' We grant appellants' motion. The clerk of this court shall include memoranda of costs for insertion in the remittitur for the maximum allowable amount of $250 in favor of Steel Engineers, Inc. and Mr. Kurth, respectively. Nos. 34015/34819. (02-00121) 02-00121
01/03/2002RemittiturIssued Remittitur. Memorandum of Costs and Disbursements allowed and taxed in the amount of $250.00 each issued to Daniel T. Foley, Esq. and J. Michael Oakes, Esq. Nos. 34015/34819 01-20348
01/03/2002Case Status Update Remittitur Issued/Case Closed.
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on January 8, 2002. 01-20348