| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 11/23/1999 | Filing Fee | Received Filing Fee Paid on Filing. $100.00 from Robert K. Reeve--check no. 0813. (Additional $100 due.) | | |
| 11/23/1999 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. | | 99-11746
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| 11/23/1999 | Notice/Outgoing | Issued Notice to Pay Supreme Court Filing Fee. An additional $100 is required. Due Date: 10 days | | |
| 12/02/1999 | Filing Fee | Received Filing Fee Paid on Filing. $100.00 from Robert K. Reeve-check no. 0817. | | |
| 12/13/1999 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Amending NOA packet submitted on 11/23/99. Contains copies of judgments and notice of entry of order. | | 99-12522
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| 12/14/1999 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.) | | |
| 12/21/1999 | Notice/Outgoing | Letter. | | |
| 01/06/2000 | Notice/Incoming | Filed Notice of Appearance. Harold Kuehn, Esmeralda County District Attorney, substitutes in place of Keith Loomis as counsel for respondents. | | 00-00234
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| 02/07/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: February 18, 2000. | | 00-01891
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| 02/22/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: March 3, 2000. | | 00-02791
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| 03/20/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: May 19, 2000. | | 00-04422
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| 05/22/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: June 23, 2000. | | 00-08541
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| 07/10/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 00-11720
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| 07/10/2000 | Notice/Outgoing | Issued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days | | |
| 07/19/2000 | Settlement Order/Procedural | Filed 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. 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). | | 00-12460
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| 08/07/2000 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 10/06/99. To Court Reporter: Marcelene Varney. | | 00-13607
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| 08/08/2000 | Letter/Incoming | Filed Letter. from attorney Peter L. Flangas re: consideration on submitting late docketing statement. | | 00-13738
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| 08/16/2000 | Notice/Incoming | Filed Proof of Service. for Request for Transcript of Proceedings. | | 00-14320
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| 08/18/2000 | Notice/Incoming | Filed Notice of Appearance. Substitution of Attorney: Keith Loomis in place and stead of Harry Kuehn, who has resigned as Esmeralda County District Attorney. | | 00-14460
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| 09/15/2000 | Transcript | Filed Transcript. Proceedings: October 6, 1999. Court Reporter: Marcelene Varney. | | 00-16347
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| 10/09/2000 | Order/Procedural | Filed Order Granting Motion. On August 8, 2000, appellant submitted an untimely docketing statement. The statement was accompanied by a letter from appellant's counsel requesting that this court file the late statement. We elect to treat the letter as a motion, and we grant the motion. The clerk of this court shall forthwith file the docketing statement provisionally submitted on August 8, 2000. Appellant's docketing statement is not accompanied with proof of service on respondents. Appellant shall, within 10 days from the date of this order, file with this court proof of service of the docketing statement. | | 00-17837
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| 10/09/2000 | Docketing Statement | Filed Docketing Statement. | | 00-13740
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| 10/18/2000 | Notice/Incoming | Filed Proof of Service. for Docketing Statement. | | 00-18469
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| 11/28/2000 | Order/Procedural | Filed Order/Show Cause. Appellant shall have 30 days from the date of this order to show cause why the portion of this appeal from the October 14, 1999, order denying the petition to set aside special election should not be dismissed for lack of jurisdiction. The briefing shcedule in this appeal shall be suspended pending further order of this court. | | 00-20795
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| 12/04/2000 | Motion | Filed Motion to Extend Time. | | 00-21115
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| 12/08/2000 | Order/Procedural | Filed Order. On October 18, 2000, appellant filed proof of service of the docketing statement on attorney Patricia D. Cafferata. We note, however, that respondents are represented by attorney Keith Loomis. Appellant shall have 10 days from the date of this order to file with this court proof of service of the docketing statement on respondents' counsel, attorney Loomis. | | 00-21459
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| 12/08/2000 | Order/Procedural | Filed Order. On November 28, 2000, this court issued an order directing appellant to show cause why we should not dismiss that portion of this appeal which is taken from an October 14, 1999, order denying appellant's petition to set aside a special election and suspending the briefing schedule pending further order of this court. On December 4, 2000, appellant filed a motion to extend time to file the opening brief and appendix. The motion was accompanied by a proposed opening brief and appendix. Because we have suspended briefing in this appeal we deny appellant's motion for an extension of time. The clerk of this court shall forthwith return to appellant, unfiled, the opening brief and appendix received on December 4, 2000. Upon resolution of the jurisdictional issue, this court will set forth a new briefing schedule. | | 00-21465
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| 12/08/2000 | Notice/Outgoing | Issued Letter. to attorney Peter L. Flangas: returned unfiled, the original and two copies of the Appellant's Opening Brief and Appellant's Appendix received on December 4, 2000. | | |
| 12/18/2000 | Notice/Incoming | Filed Proof of Service. of Docketing Statement on attorney Keith Loomis. | | 00-22036
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| 01/02/2001 | Motion | Filed Response to Order to Show Cause. | | 01-00083
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| 01/31/2001 | Order/Procedural | Filed Order/Briefing Reinstated. In response to our order to show cause, appellant states that he intended to appeal only the October 22, 1999 order denying the petition for a writ of mandamus. Because appellant designated only the October 22, 1999 order in his notice of appeal, this case shall proceed as an appeal from that order. Appellant shall have 30 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). | | 01-02122
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| 03/05/2001 | Brief | Filed Opening Brief. Mailed on: 3/2/01. | | 01-04006
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| 03/05/2001 | Appendix | Filed Appendix to Opening Brief. | | 01-04007
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| 04/04/2001 | Motion | Filed Motion to Strike. (Opening Brief and Appendix). | | 01-05769
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| 04/04/2001 | Motion | Filed Motion to Extend Time. | | 01-05770
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| 05/03/2001 | Motion | Filed Response to Motion. Appellant's Opposition to Motion to Strike and Counter-Motion for Supplementing the Record and Related Relief. | | 01-07456
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| 05/15/2001 | Motion | Filed Response to Motion. Opposition to Countermotion for Supplementing the Record and Related Relief. | | 01-08076
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| 07/09/2001 | Motion | Filed Motion for Excess Pages. | | 01-11475
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| 07/09/2001 | Notice/Incoming | Filed Errata. | | 01-11476
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| 07/09/2001 | Other | Returned Unfiled Document. Appellant's Reply to Respondents's Opposing to Counter-Motion for Sanctions and Related Matters Returned, with letter (pursuant to NRAP 27(a)). | | |
| 07/30/2001 | Motion | Filed Motion for Permission to File Document. Motion for Leave to Reply to Respondent's Opposition to Appellant's Counter-Motion for Sanctions and Related Matters. | | 01-12826
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| 01/07/2002 | Order/Procedural | Filed Order. Resolving Motions. On March 5, 2001, appellant filed his opening brief and appendix. On April 4, 2001, respondents filed a motion to strike all or portions of appellant's opening brief and appendix and for an award of attorney fees as an appropriate sanction. On May 3, 2001, appellant filed an opposition to respondents' motion to strike and a counter-motion to supplement the record on appeal. Appellant also requests an award of attorney fees. On May 15, 2001, respondents filed an opposition to appellant's counter-motion. On July 30, 2001, appellant filed a motion requesting leave to file a reply to respondents' opposition and submitted a reply. No good cause appearing, we deny the motion. The clerk of this court shall return, unfiled, the reply received on July 30, 2001. Because it appears that appellant has improperly included documents that were never made part of the record below, we grant respondents' motion to strike in part. Specifically the following documents contained in appellant's appendix shall be stricken and all references to these documents shall be disregarded when taking this matter under consideration: (1) the September 16, 1999, and September 18, 1999, Las Vegas Review Journal Articles entitled 'Esmeralda County official faces recall' and 'Esmeralda County holds special election', found on pages 81-83 and pages 5-6, respectively; (2) appellant's and counsel for appellant's affidavits, found on pages 25-28; (3) letter and proposed order dismissing appellant's petition by opposing counsel, found on pages 30-32; (4) Harry Kuehn's (redacted) letter of June 21, 2000, indicating resignation, found on pages 79-80; and (5) the American National Election Study, 1996, found on pages 93-98. In light of our decision to strike the aforementioned documents, we deny appellant's motion to supplement the record with these documents. We decline to strike the October 6, 1999, transcript or other documents made part of the record in Case Number 4875, at this time, and we grant appellant's motion to supplement the record with these documents. Nevertheless, if, upon review of the briefs and appendices filed with this court, we determine that those documents, or any other documents, are improperly presented before this court, we will disregard them and all references to them when taking this appeal under consideration.We are not convinced that the imposition of sanctions against either party is warranted at this time. Accordingly, we deny appellant's and respondents' motions for attorney fees. On April 4, 2001, respondents filed a motion for an extension of time to file the answering brief. Cause appearing, we grant the motion. Respondents shall file and serve the answering brief within 30 days from the date of this order. On July 9, 2001, appellant filed a motion for leave to file a 33-page opening brief. Because the clerk already filed the opening brief on March 5, 2001, we deny the motion as moot. | | 02-00383
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| 01/07/2002 | Notice/Outgoing | Issued Letter. to attorney Peter L. Flangas. Returned unfiled, the Original Appellant's Reply to Respondents's Opposition to Counter-Motion for Sanctions and Related Matters, received on July 30, 2001. | | |
| 02/08/2002 | Motion | Filed Motion to Extend Time. | | 02-02624
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| 02/11/2002 | Notice/Incoming | Filed Affidavit. Affidavit of Mailing. (Respondent's Answering Brief and Motion to Extend time for Filing Answering Brief by One Day.) | | 02-02698
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| 02/11/2002 | Other | Other. Received Errata to Respondent's Answering Brief received on 02/08/02. | | 02-02701
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| 02/13/2002 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed February 8, 2002. The clerk shall file the answering brief received on February 8, 2002 and the errata to the answering brief received on February 11, 2002. Appellant shall, if deemed necessary, file and serve the reply brief within 30 days from the date of this order. | | 02-02840
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| 02/13/2002 | Brief | Filed Answering Brief. Mailed on: hand delivered 02/08/02. Signed by Keith Loomis. | | 02-02625
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| 02/13/2002 | Notice/Incoming | Filed Errata. Errata to Respondents' Answering Brief. (Placed original Errata in correspondence file; Errata correcting the Table of Contents attached inside original and copies of the Answering Brief). | | 02-02701
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| 04/04/2002 | Case Status Update | Briefing Completed. No reply brief filed. | | |
| 04/15/2002 | Motion | Filed Motion to Extend Time. | | 02-06706
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| 04/24/2002 | Order/Procedural | Filed Order Granting Motion. filed April 15, 2002. The clerk of this court shall file the reply brief received on April 15, 2002. | | 02-07229
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| 04/24/2002 | Brief | Filed Reply Brief. Mailed on: 04/13/02. Signed by: Peter L. Flangas. | | 02-06708
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| 05/03/2002 | Notice/Incoming | Filed Errata. Errata to Respondent's Answering Brief. | | 02-07807
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| 05/20/2002 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 28, 2002, at 9:00 a.m. (En Banc) | | |
| 06/12/2002 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 06/19/2002 | Motion | Filed Motion. Motion to Associate Additional Counsel. | | 02-10664
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| 06/20/2002 | Order/Procedural | Filed Order Granting Motion. to associate counsel on appeal, filed June 19, 2002. The clerk shall add Mr. Reeve as counsel on appeal. Mr. Flangas has also requested that Mr. Reeve be permitted to argue this appeal before the en banc court at the oral argument scheduled for June 28, 2002, at 9:00 a.m. in Carson City. We grant the request. | | 02-10742
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| 06/28/2002 | Case Status Update | Submitted for Decision. Before the En Banc Court. EN BANC | | |
| 08/14/2002 | Order/Dispositional | Filed Order of Affirmance. "ORDER the district court's order AFFIRMED." EN BANC. Maupin, C.J., dissenting. | | 02-13915
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| 09/05/2002 | Filing Fee | Received Filing Fee Paid on Filing. $100 from Robert K. Reeve--check no. 0550. | | |
| 09/05/2002 | Post-Judgment Petition | Filed Petition for Rehearing. Mailed on: 9/3/02. | | 02-15291
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| 10/29/2002 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). En Banc-Young, Shearing, Agosti, Rose, Leavitt, and Becker, JJ. Maupin, C.J., dissenting. | | 02-18641
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| 11/25/2002 | Motion | Filed Motion for Stay. Motion for Stay of Remittitur under N.R.A.P. 41(b). | | 02-20253
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| 12/10/2002 | Notice/Outgoing | Issued Notice to Provide Proof of Service. for Motion for Stay of Remittitur. Due date: 10 days. | | |
| 12/16/2002 | Notice/Incoming | Filed Proof of Service. (Motion to Stay Remittitur). | | 02-21495
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| 12/31/2002 | Order/Procedural | Filed Order Granting Motion. filed November 25, 2002. We hereby stay the issuance of the remittitur until February 7, 2003. If the clerk of this court receives written notice by February 7, 2003, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by February 7, 2003, the remittitur shall issue on February 8, 2002. | | 02-22209
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| 02/14/2003 | Remittitur | Issued Remittitur. | | 03-02580
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| 02/14/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 03/11/2003 | Remittitur | Filed Remittitur. Received by County Clerk on February 24, 2003. | | 03-02580
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