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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 35208
Short Caption:GIANAKIS VS. LONE STARCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A380531Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:12/06/1999 / Turner, WilliamSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:11/07/2001How Submitted:On Briefs

+ Party Information

Docket Entries
11/30/1999Filing Fee Filing Fee due.
11/30/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-11914
12/03/1999Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
12/03/1999Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
12/06/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William C. Turner. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
02/17/2000Order/ProceduralFiled Order. Appellants shall, within 10 days of the date of this order, pay the filing fee and file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement. Failure to comply with this order may result in the dismissal of this appeal as abandoned. 00-02500
03/03/2000MotionFiled Response to Order to Show Cause. (Case appeal statement attached). 00-03404
03/03/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kirk T. Kennedy- check no. 5874.
05/26/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-08967
05/26/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
06/20/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. On February 17, 2000, we entered an order giving appellants ten days to file a case appeal statement. On march 3, 2000, appellants filed a response indicating that the case appeal statement was filed on December 13, 1999. Nevertheless, as we have received a copy of the case appeal statement, we waive the requirement that appellants file two certified copies of the case appeal statement. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 00-10584
07/03/2000Transcript RequestFiled Certificate of No Transcript Request. 00-11317
10/10/2000Order/ProceduralFiled Order/Show Cause. To date, appellants have failed to file the docketing statement. Appellants shall, within 10 days of the date of this order, file and serve the required document or show cause why this appeal should not be dismissed as abandoned. (Docketing statement mailed to counsel for appellants.) 00-17863
10/23/2000Docketing StatementFiled Docketing Statement. 00-18711
11/06/2000MotionFiled Motion to Extend Time. 00-19484
11/09/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant's opening brief and appendix shall be served and filed on or before December 1, 2000. 00-19700
11/22/2000Order/ProceduralFiled Order/Show Cause. Appellants shall have 30 days from the date of this order within which to (1) file an amended docketing statement completed fully and accurately in compliance with NRAP 14, with all requested documents attached, and (2) show cause why this appeal should not be dismissed for lack of jurisdiction. In addition, counsel for appellants shall show cause why he should not be sanctioned for his failure to provide a full and accurate response to docketing statement request 21, and for his failure to attach the last-filed version of the complaint as required by request 23. The schedule for briefing established by court order filed June 20, 2000, and extended by court order filed November 9, 2000, is hereby suspended pending jurisdictional review and further order of this court. 00-20494
12/22/2000MotionFiled Response to Order to Show Cause. 00-22332
12/22/2000Docketing StatementFiled Docketing Statement. Second Amended Docketing Statement. 00-22333
01/08/2001Notice/IncomingFiled Joinder. Respondent's Joinder in Appellant's Response to Order to Show Cause. 01-00359
01/10/2001Notice/IncomingFiled Proof of Service. Certificate of Mailing of Respondent's Joinder in Appellant's Response to Order to Show Cause. 01-00575
01/22/2001Order/ProceduralFiled Order. Order Reinstating Briefing and Imposing Sanctions. fn1[We direct the clerk of this court to amend the caption on the docket to conform to the caption on this order.] In response to our order of November 22, 2000, appellants' counsel submitted a new docketing statement, and points and authorities on the jurisdictional issue and asked that we not impose sanctions. We conclude that sanctions are warranted to discourage similar disregard for our rules in the future. Within 30 days from the date of this order, attorney Kirk T. Kennedy shall pay to the Nevada Supreme Court Law Library the sum of $150.00 and shall provide the clerk of this court with proof of payment. We reinstate briefing. Appellants' opening brief shall be served and filed on or before January 31, 2001; thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 01-01312
02/02/2001BriefFiled Opening Brief. Mailed on: 01/31/01. 01-02219
02/02/2001AppendixFiled Appendix to Opening Brief. 01-02220
02/27/2001Notice/IncomingFiled Proof of Payment of Sanction. Letter from attorney Kirk T. Kennedy enclosing check no. 6397 in the amount of $150 as payment of sanctions. (Check received by Law Library on 2/23/01.) 01-03652
03/05/2001MotionFiled Motion and Order Extending Time. Brief due: April 2, 2001. 01-03976
04/06/2001BriefFiled Answering Brief. Mailed on: LV Drop Box 04/04/01. 01-05921
04/06/2001AppendixFiled Appendix to Answering Brief. 01-05922
05/22/2001MotionFiled Motion. Request for Submission of Case to Court for Decision. 01-08559
05/24/2001Order/ProceduralFiled Order Denying Motion. To date appellant has failed to file a reply brief, which we treat as a waiver of the right to file a reply brief. Briefing is deemed completed in this appeal. On May 22, 2001, respondent filed a motion requesting submission of this appeal to the court for decision. We deny respondent's motion. This court shall review the parties' briefs to determine whether oral argument is warranted or whether the appeal will be submitted for decision upon the briefs, without argument. 01-08699
05/24/2001Case Status Update Briefing Completed.
11/07/2001Order/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. 01-18609
11/07/2001Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP02-CY/DA/ML
12/17/2001Order/DispositionalFiled Order of Affirmance. In light of our holding that Mathew's murder arose out of and in the course of his employment, we conclude that Lone Star is immune from suit under NIIA and is entitled to judgment as a matter or law. Accordingly, we "AFFIRM the order granting summary judgment." SNP02-CY/DA/ML 01-21199
01/14/2002RemittiturIssued Remittitur. 02-00537
01/14/2002Case Status Update Remittitur Issued/Case Closed.
02/01/2002RemittiturFiled Remittitur. Received by County Clerk on January 17, 2002. 02-00537