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United States Court Cases

Nevada Supreme/Appellate Court Record

NORTHWEST PIPE CO. VS. DISTRICT COURT

Case Information: 36699
Short Caption:NORTHWEST PIPE CO. VS. DISTRICT COURTCourt:Supreme Court
Related Case(s): 40129
Lower Court Case(s):Clark Co. - Eighth Judicial District - A408645Classification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/15/2001 at 9:30 AMOral Argument Location:Carson City
Submission Date:06/15/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/05/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Cohen firm-check no. 6169.
09/05/2000Petition/WritFiled Petition for Writ of Mandamus or Prohibition. Northwest Pipe's Petition for Writ of Mandamus or, in the Alternative, Writ of Prohibition. 00-15597
09/05/2000Petition/WritFiled Points and Authorities in Support of Petition for Writ. Points and Authorities in Support of Northwest Pipe's Petition for Writ of Mandamus or, in the Alternative, Writ of Prohibition. 00-15599
09/11/2000Order/ProceduralFiled Order/Answer Writ Petition. Answer due from the real parties in interest on behalf of respondents: 30 days from the date of this order. 00-15985
10/13/2000Petition/WritFiled Answer to Petition for Writ. Answer to Memorandum of Points and Authorities in Support of Northwest Pipe's Petition for Writ of Mandamus or, in the Alternative, Writ of Prohibition. 00-18152
10/13/2000AppendixFiled Appendix. Real Parties in Interest's Appendix. 00-18153
10/16/2000Notice/IncomingFiled Proof of Service. Receipt of Copy of Answer to Memorandum of Points and Authorities in Support of Northwest Pipe's Petition for Writ of mandamus or, in the Alternative, Writ of Prohibition and Appendix. 00-18349
10/30/2000MotionFiled Motion for Permission to File Document. Request to File Reply. 00-19050
11/21/2000Order/ProceduralFiled Order Granting Motion. Petitioner shall have 10 days from the date of this order to file and serve its reply to the real parties in interests' answer to the petition. 00-20442
12/01/2000MotionFiled Motion for Permission to File Document. Request for Extension ofTime to File Reply Brief (Reply to Answer). 00-20996
12/06/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Petitioner shall have to and including December 11, 2000, to file and serve the reply to the real parties in interests' answer to the petition for writ of mandamus or prohibition. 00-21287
12/13/2000MotionFiled Motion to Extend Time. Request for Extension of Time to file Reply Brief. 00-21777
12/14/2000Order/ProceduralFiled Order Granting Motion. We grant petitionr's motion for an extension of time, to and including December 19, 2000, to file and serve the reply to the real parties in interests' answer. No further extensions shall be permitted absent extreme and unforeseeable circumstances. 00-21906
12/22/2000Petition/WritFiled Reply to Answer to Petition. Petitioner's Reply to Respondent's Answer to Memorandum of Points and Authorities in Support of Northwest Pipe's Petition for Writ of Mandamus or, in the Alternative, Writ of Prohibition. 00-22337
12/22/2000AppendixFiled Appendix. Petitioner's Appendix. 00-22338
01/25/2001MotionFiled Motion for Stay. Northwest Pipe's Motion for Stay Pending Resolution of Its Petition for Writ of Mandamus or, in the Alternative, Writ of Prohibition. 01-01674
01/29/2001Notice/IncomingFiled Proof of Service. Certificate of Mailing of Northwest Pipe's Motion for Stay Pending Resolution of Its Petition for Writ of Mandamus or, in the Alternative, Writ of Prohibition. 01-01878
02/05/2001MotionFiled Stipulation. Stipulation for Extension of Time to file Opposition to Northwest Pipe's Motion for Stay. 01-02331
02/08/2001Order/ProceduralFiled Order/Stipulation Approved. On February 5, 2001, the parties to this matter filed a stippulation allowing the real parties in interest an extension of time, to and including February 13, 2001, to file an opposition to petitioner's motion for a stay. We approve the stipulation. fn1[The stipulation is signed by attorney Daniel F. Polsenberg as counsel for the real parties in interest. This court's docket does no list attorney Polsenberg as counsel of record for any of the parties to this proceeding. Apporney Polsenberg shall, within 10 days from the date of this order, file and serve a notice of appearance.] 01-02604
02/15/2001MotionFiled Stipulation. Stipulation for Extension of Time to File Opposition to Northwest Pipe's Motion for Stay. 01-02981
02/16/2001Order/ProceduralFiled Order/Stipulation Approved. The real parties in interest shall have to and including February 21, 2001, to file the opposition. fn1[The stipulation is signed by attorney Daniel F. Polsenberg as counsel for the real parties in interest. This court's previous order directed Attorney Polsenberg to file and serve a notice of appearance on or before February 20, 2001.] 01-03089
02/22/2001Notice/IncomingFiled Notice of Appearance. Representing Real Parties in Interest: Law firm of Beckley Singleton, and Daniel F. Polsenberg, James L. Edwards and Charles A. Michalek. 01-03318
02/23/2001MotionFiled Response to Motion. Opposition to Northwest Pipe Company's Motion to Stay Discovery and Motion to Allow this Opposition to be considered a Supplement to Real Parties in Interest's Answer to Northwest Pipe's Petition for Writ. 01-03443
02/23/2001AppendixFiled Appendix. Appendix to Opposition to Northwest Pipe Company's Motion to Stay Discovery and Motion to Allow this Opposition to be considered a Supplement to Real Parties in Interest's Answer to Northwest Pipe's Petition for Writ. 01-03444
02/23/2001Notice/IncomingFiled Joinder. Joinder in Stayton's Opposition to Northwest Pipes Motion for Stay Pending Resolution of its Petition for Writ of Mandamus or, in the Alternative, Writ of Prohibition and Points and Authorities in Opposition to Motion for Stay. 01-03445
02/26/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 10, 2001, at 11:00 a.m. (NNP01A-MS/RR/DA)
03/07/2001MotionFiled Stipulation. 01-04139
03/08/2001Order/ProceduralFiled Order. Order Continuing Oral Argument. On February 26, 2001, this court issued a notice scheduling this matter for oral argument before the Northern Nevada panel in Carson City on April 10, 2001. We have determined that argument before the en banc court is warranted. We hereby vacate the oral argument currently schedule before the Northern Nevada panel. We direct the clerk of this court to schedule this matter for oral argument before the en banc court in Carson City in June 2001. Argument shall be limited to thirty minutes. 01-04265
04/06/2001Order/ProceduralFiled Order. Documents filed after the petition indicate that Thelma Jackie Alston and Donald Alston were not identified as real parties in interest in the caption. The clerk of this court shall amend the caption on this court's docket consistent with the caption appearing on this order. On January 25, 2001, petitioner filed a motion to stay all proceedings below pending resolution of the instant petition. On February 23, 2001, the real parties in interest filed a combined opposition and a motion to allow their opposition to be considered a supplement to their answer to the petition. On March 7, 2001, the parties filed a stipulation allowing petitioner an extension until March 15, 2001, to file an opposition. We approve the parties' stipulation filed on March 7, 2001. The clerk shall file petitioner's opposition and appendix to opposition received on march 14, 2001. We grant the real parties in interest's motion to treat their opposition to the motion for a stay as a supplement to their answer to the petition. No good cause having been show, we deny petitioner's motion to stay proceedings below pending resolution of the instant petition. 01-05965
04/06/2001MotionFiled Response to Motion. Opposition to Motion to Allow Opposition to be Considered a Supplemental Answer to Northwest Pipe's Petition for Writ. 01-04597
04/06/2001AppendixFiled Appendix. To Opposition to Motion to Allow Opposition to be Considered a Supplemental Answer to Northwest Pipe's Petition for Writ. 01-04599
05/02/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 15, 2001 at 9:30 a.m. (En Banc)
05/30/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
06/05/2001MotionFiled Motion. Petitioner's Motion for Leave to File Additional Argument. 01-09335
06/05/2001Notice/IncomingFiled Notice. Notice of Additional Parties. 01-09336
06/05/2001MotionFiled Motion. Motion for Leave to Amend Caption. 01-09337
06/07/2001Order/ProceduralFiled Order. We grant Petitioner's June 5, 2001 motions. The clerk of this court shall amend the caption in this matter by adding thereto, as real party in interest, "Leonard Ledford, an individual." Further, petitioner shall have 5 days from the date of this order to file its supplemental argument. Fn1[Petitioner attached a copy of its proposed supplemental argument to its motion as Exhibit C. This document, however, is not signed by counsel for petitioner.] 01-09520
06/12/2001BriefFiled Supplemental Authorities. Supplemental Argument to Northwest Pipe Company's Writ of Mandamus or in the Alternative Writ of Prohibition. 01-09764
06/13/2001MotionFiled Motion to Strike. Motion to Strike Petitioner's Motion for Leave to File Additional Argument; or, in the Alternative, Opposition to Petitioner's Additional Arguments. 01-09850
06/13/2001MotionFiled Response to Motion. Real Parties in Interest Thelma Jackie Alson and Donald Alstons' Opposition to Peittioner's Motion for Leave to File Additional Argument. 01-09853
06/14/2001MotionFiled Motion. Stayton Plaintiffs' Joinder to Ledford Plaintiffs' "Motion to Strike Petitioner's Motion for Leave to File Additional Argument; or, in the Alternative, Opposition to Petitioner's Additional Arguments." 01-09949
06/14/2001Order/ProceduralFiled Order Granting Motion. On June 5, 2001, petitioner filed a motion for leave to file additional argument. This court granted the motion in an order entered on June 7, 2001. On June 13, 2001, real parties in interest Thelma Jackie Alston and Donald Alston filed an opposition to petitioner's motion. On this same date, the remaining real parties interest filed a motion to strike petitioner's motion or, alternatively, an opposition to petitioner's additional argument. We elect to treat the Alstons' opposition to petitioner's motion to file additional argument as a motion for reconsideration of the order entered on June 7, 2001, granting petitioner's motion. No good cause appearing, we deny reconsideration. Further, as this court has granted petitioner's motion to file additional argument, we deny, as moot, the motion to strike petitioner's motion. Nevertheless, we grant the alternative relief sought and this court will consider the real parties in interest's opposition to petitioner's additional argument. 01-09964
06/15/2001Case Status Update Submitted for Decision. Before the Court En Banc. En Banc.
03/13/2002Opinion/DispositionalFiled Authored Opinion. "Petition denied." Before the Court En Banc. By the Court, Shearing, J. We concur: Young and Rose, JJ. Maupin, C.J., with whom Becker, J., agrees, concurring in part and dissenting part. Agosti, J., with whom Leavitt, J., agrees, dissenting. 118 Nev. Adv. Opn. No. 15. EN BANC 02-04498
03/27/2002MotionFiled Motion. Real Party in Interest Linda Cozzolino and Estate of Randall W. Ledford and Leonard Ledford' Motion for Clarification of this Court's Order of March 13, 2002. 02-05394
04/01/2002Order/Clerk'sFiled Clerk's Order. On March 13, 2002, this court entered an opinion denying the petition for writ of mandamus or prohibition filed in this matter. On March 27, 2002, real parties in interest Linda Cozzolino, the Estate of Randall W. Ledford and Leonard Ledford filed a "Motion for Clarification of This Court's Order of March 13, 2002." Based on the content of the motion and the relief requested, the motion has been filed as a petition for rehearing pursuant to NRAP 40. The issuance of the notice in lieu of the remittitur in this matter shall be stayed pending resolution of the petition for rehearing. 02-05692
04/04/2002Notice/IncomingFiled Proof of Service. Amended Certificate of Mailing (of Motion for Clarification). 02-06023
04/09/2002MotionFiled Motion. Petitioner Northwest Pipe Co.'s Request for Extension of Time to File Its Brief in Opposition to Real Party In Interest Linda Cozzolio and Estate of Randel W. Ledford and Leonard Ledford's Motion for Clarification of this Court's Order of March 13, 2002.clerk5 4/1/02 Order: this motion has been filed as a petition for rehearing pursuant to NRAP 40. 02-06285
04/12/2002Order/ProceduralFiled Order. On March 27, 2002, real parties in interest file a 'Motion for Clarification of This Court's Order of March 13, 2002.' The motion was filed as a petition for rehearing pursuant to NRAP 40. On April 9, 2002, petitioner filed a motion requesting an extension of time to file an opposition to the real parties in interest's motion for clarification. The motion for clarification having been filed as a petition for rehearing, we deny petitioner's motion for an extension of time. 02-06582
05/07/2002Post-Judgment OrderFiled Order/Rehearing Denied. On March 27, 2002, real parties in interest Linda Cozzolino, the Estate of Randall W. Ledford and Leonard Ledford filed a motion for clarification of this court's opinion entered in this matter on March 13, 2002. We elect to threat this motion as a petition for rehearing. "We deny rehearing." NRAP 40( c). EN BANC. 02-08014
05/22/2002RemittiturIssued Notice in Lieu of Remittitur. 02-08029
05/22/2002Case Status Update Remittitur Issued/Case Closed.