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United States Court Cases

Nevada Supreme/Appellate Court Record

SCANLON VS. BORGERSON

Case Information: 33807
Short Caption:SCANLON VS. BORGERSONCourt:Supreme Court
Related Case(s): 33332
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9703483Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/11/1999 / Klasic, DonaldSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:12/20/2000How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/25/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Robert D. Vannah, Chartered--check no. 39660.
02/25/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-01275
03/11/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Donald F. Klasic. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/12/1999Docketing StatementFiled Docketing Statement. (Mailed on: Fed-Ex 3/11/99). 99-01798
05/14/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-03958
06/04/1999Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellants: 15 days to file a transcript /no transcript request; 120 days to file opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 99-04683
06/17/1999Transcript RequestFiled Certificate of No Transcript Request. 99-05256
11/17/1999Order/ProceduralFiled Order. Appellant shall within 15 days of this order, file and serve the opening brief and appendix or show cause why this appeal should not be dismissed as abandoned. Respondent shall, within 30 days of service of the opening brief, file and serve the answering brief. 99-11375
12/03/1999Other Returned Unfiled Document. Appellant's Opening Brief.
12/08/1999MotionFiled Motion to Extend Time. Appellant's Motion for Extension of Time to File Opening Brief and Appendix. 99-12277
12/08/1999BriefReceived Opening Brief. 99-12278
12/15/1999Order/Clerk'sFiled Clerk's Order. The opening brief and appendix provisionally submitted on December 8, 1999, shall be filed, forthwith. 99-12630
12/15/1999BriefFiled Opening Brief. Mailed on: FedEx 12/07/99. 99-12278
12/15/1999AppendixFiled Appendix to Opening Brief. 99-12279
12/16/1999MotionFiled Response to Motion. Respondent's Opposition to Appellant's Motion for Extension of Time to File Opening Brief and Appendix. 99-12760
12/30/1999Order/ProceduralFiled Order Denying Motion. We elect to treat respondent's opposition filed on December 16, 1999, as a motion for reconsideration, and we deny the motion. 99-13377
01/18/2000MotionFiled Motion to Extend Time. Motion for Enlargement of Time to File Answering Brief and Appendix. 00-00792
01/20/2000Order/Clerk'sFiled Clerk's Order. The answering brief shall be served and filed on or before January 31, 2000. 00-00911
01/31/2000BriefFiled Answering Brief. Mailed on: Hand delivered 1/31/00. 00-01572
02/02/2000Other Other. Returned Unfiled Responsent's Appendix. Due 10 days.
02/07/2000AppendixFiled Appendix to Answering Brief. 00-01861
02/25/2000MotionFiled Motion to Strike. Respondents' Motion to Strike Opening Brief and for Sanctions. 00-03030
02/29/2000MotionFiled Motion. Appellant's Motion for Confession of Error. 00-03187
05/18/2000Order/ProceduralFiled Order. On February 25, 2000, respondent filed a motion to strike the opening brief and for sanctions. As Respondent claims that the copy of the corrected opening brief that appellant served on respondent did not comply with NRAP 28(A). As the opening brief that was filed with this court seems to meet these procedural requirements, and respondent has not provided this court with a copy of the noncomplying brief, we deny respondent's motion. We direct appellant to serve respondent with a copy of the corrected brief that was filed with this court on December 15, 1999, and file proof of such service with this court within 10 days from the date of this order. On February 29, 2000, appellant filed a motion for confession of error, claiming that respondent did not timely file an answering brief. A review of the file in this matter shows that respondent did file an answering brief, and that the answering brief was timely filed. We deny appellant's motion for a confession of error. 00-08357
05/25/2000Notice/IncomingFiled Proof of Service. Appellant's Proof of Service of Corrected Brief Filed with this Court on December 15, 1999, to Respondent pursuant to this Court's May 18, 2000 Order. 00-08785
08/24/2000Order/ProceduralFiled Order/Consolidation. We consolidate these appeals for all appellate purposes (nos. 33332/33807). 00-14866
12/20/2000Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 33332/33807 00-22196
12/20/2000Case Status Update Submitted for Decision.
12/27/2000MotionFiled Motion. Motion per NRAP 31(D) to File Supplemental Authorities (Supplemental Authorities included in Motion). Nos. 33332/33807 00-22576
12/29/2000Order/ProceduralFiled Order Granting Motion. On December 27, 2000, appellant Dennis Blake Borgerson filed a motion to file supplemental authorities in these consolidated appeals. The supplemental authorities sought to be filed were included in the motion. fn1[In the future, counsel shall submit the motion and the documents sought to be filed as separate documents.] The supplemental authorities included in the motion shall be considered along with the briefs filed in these consolidated appeals. Nos. 33332, 33807. 00-22742
01/04/2001MotionFiled Response to Motion. Opposition to Motion to File Supplemental Points and Authorities (nos. 33332/33807).
01/17/2001Order/ProceduralFiled Order Denying Motion. This court granted appellant's motion to file supplemental authorities on December 29, 2000. On January 4, 2001, respondent Patricia Scanlon filed an opposition. We elect to treat the opposition as a motion for reconsideration of our December 29, 2000, order granting appellant Borgerson's motion and deny respondent Scanlon's motion. Nos. 33332, 33807.
03/05/2001Order/ProceduralFiled Order. Order Deconsolidating Appeals and Directing Appellant to show cause in Docket No. 33807. These appeals were previously consolidated by this court in a written order entered on August 24, 2000, pursuant to NRAP 3(b). A closer review of the appeal in Docket No. 33807 has revealed that a potential jurisdictional defect exists in that appeal. We deconsolidate these appeals. Appellant Patricia Scanlon shall have 30 days from the date of this order to show cause why the appeal in Docket No. 33807 should not be dismissed for lack of jurisdiction. Failure to demonstrate that this court has jurisdiction may result in this court's dismissal of the appeal. Nos. 33332/33807 (cases are no longer consolidated). 01-03916
03/30/2001MotionFiled Response to Order to Show Cause. Reply to Order Deconsolidating Appeals and Directing Appellant to Show Cause Re Jurisdiction in Docket No. 33807. 01-05552
04/12/2001MotionFiled Stipulation/Dismiss Appeal. 01-06378
05/17/2001Order/DispositionalFiled Stipulated Dismissal. On April 12, 2001, the parties filed a stipulation to dismiss this appeal with prejudice. We hereby approve the stipulation and, pursuant to its terms, the parties shall bear their own attorney fees and costs. "ORDER this appeal DISMISSED." fn1[On March 5, 2001, we issued an order regarding jurisdiction. Appellant filed a response on March 30, 2001. In light of this order, we need not decide the jurisdictional issues.] NNP00A-MS/DA/ML 01-08201
05/17/2001Case Status Update Case Closed. No remittitur issued.