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United States Court Cases

Nevada Supreme/Appellate Court Record

BARTSAS VS. WATERS

Case Information: 32654
Short Caption:BARTSAS VS. WATERSCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A356339Classification:Civil Appeal - General - Other
Disqualifications:LeavittCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:07/09/1998 / Paustian, KathleenSP Status:Completed
Oral Argument:05/08/2000 at 9:00 AMOral Argument Location:Las Vegas Office
Submission Date:05/08/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/06/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Bartsas Realty-check no. 31794.
07/06/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant).
07/09/1998Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Kathleen M. Paustian. (Briefing and preparation of transcripts suspended pending further order of this court.)
07/15/1998Docketing StatementFiled Docketing Statement.
07/15/1998Letter/IncomingFiled Letter. Courtesy copy of letter sent to Glade Hall from Laura FitzSimmons.
07/21/1998Transcript RequestFiled Certificate of No Transcript Request.
08/17/1998Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.
08/21/1998MotionFiled Motion to Strike. Motion to Strike Attachment 1 to Settlement Conference Report, Objection to Settlement Conference Report; Reply to Assertions Contained in Settlement Conference Report; and Motion to Defer Consideration of any issue in the appeal pending filing of Respondent's Motions to Disqualify Justices Rose and Young.
08/31/1998MotionFiled Motion. Motion to Reverse the Judgment below, to Dismiss this Appeal and for Attorney's Fees and Costs.
09/14/1998Order/ProceduralFiled Order. Within 20 days from the date of this order, the clerk of the district court shall transmit to the clerk of this court the original papers filed by the state in opposition to the petition and transcripts of the June 9, 1998 hearing in district court and the May 28, 1997 grand jury proceedings considered by the district court as a supplement to the record on appeal.
09/14/1998MotionReceived Motion. Motion for Disqualification of Justice Young and Justice Rose, Motion for Evidentiary Hearing and for Disclosure of Disqualifying Facts.
09/14/1998Notice/IncomingReceived Proof of Service. Certificate of Personal Service NRAP 35: copy to the office of Glade Hall.
09/14/1998Notice/IncomingReceived Proof of Service. Certificate of Personal Service NRAP 35: copy to the office of the Las Vegas City Attorney.
09/14/1998Notice/OutgoingIssued Letter. Letter from the Chief Assistant Clerk of Court to attorney Laura Wightman FitzSimmons: on September 14, 1998, the court received the "Motion for Disqualification of Justice Young and Justice Rose, Motion for Evidentiary Hearing and for Disclosure of Disqualifying Facts." The motion was received but not filed. The motion has been submitted to the court for a determination of whether it may be filed.
09/15/1998Order/ProceduralFiled Order. On September 14, 1998, attorney Laura Wightman FitzSimmons filed a "Motion for Disqualification of Justice Young and Justice Rose, Motion for Evidentiary Hearing and for Disclosure of Disqualifying Facts." The clerk has lodged the motion with the court, and submitted it for a determination of whether it may be filed. Although we express no opinion as to the legal sufficiency of the motion, we direct the clerk to file the motion.
09/15/1998MotionFiled Motion. Motion for Disqualification of Justice Young and Justice Rose, Motion for Evidentiary Hearing and for Disclosure of Disqualifying Facts.
09/15/1998Notice/IncomingFiled Proof of Service. Certificate of Personal Service NRAP 35: copy to the office of Glade Hall.
09/15/1998Notice/IncomingFiled Proof of Service. Certificate of Personal Service NRAP 35: copy to the office of Las Vegas City Attorney.
09/22/1998MotionFiled Motion to Strike. Motion to Strike and Motion for Sanctions.
09/28/1998MotionFiled Response to Motion. Opposition to Motion to Disqualify.
10/13/1998MotionFiled Response to Motion. Respondent Kermitt L. Waters' Opposition to Motion to Reverse the Judgment Below.
10/13/1998Letter/IncomingFiled Letter. Letter from attorney FitzSimmons regarding the caption in this matter.
12/18/1998Order/ProceduralFiled Order Denying Motion. We deny the motions filed by the Law Offices of Kermitt L. Waters on August 21, 1998, and the motion to reverse the judgment below, to dismiss this appeal and for attorney's fees and costs filed by appellant Bartsas on August 31, 1998. We conclude that the imposition of sanctions against attorney Kermitt L. Waters is unwarranted. The time for requesting and preparing transcripts and briefing shall remain suspended pending further order of this court.
02/04/1999Notice/IncomingFiled Substitution of Attorneys. Marquis & Aurbach, and Phillip S. Aurbach, in place and instead of Glade L. Hall as counsel for appellant.
03/30/1999Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellants shall have 70 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). fn1[We direct the clerk to modify the caption on this court's docket to reflect the caption set forth above. We defer ruling on (1) respondent's motion for disqualification of Chief Justice Rose and Justice Young, and (2) appellants' motion to strike respondent's disqualification motion]. (Docket sheet and case cards corrected).
06/07/1999MotionFiled Stipulation.
06/21/1999BriefReceived Opening Brief. Mailed on: Fed-Ex 6/19/99.
06/21/1999AppendixReceived Joint Appendix. Volumes 1 through 3.
07/12/1999Order/Clerk'sFiled Clerk's Order Approving Stipulation. The stipulation filed June 7, 1999, is approved. The clerk shall forthwith file the opening brief and appendix provisionally received on June 21, 1999. Respondent shall file and serve the answering brief by July 21, 1999.
07/12/1999BriefFiled Opening Brief.
07/12/1999AppendixFiled Joint Appendix. Volumes 1 through 3.
07/19/1999MotionFiled Stipulation and Order. Brief due: August 20, 1999.
08/25/1999BriefFiled Answering Brief. Mailed on: 8/20/99.
09/20/1999MotionFiled Stipulation and Order. Brief due: October 19, 1999.
09/27/1999Notice/IncomingFiled Proof of Service. Certificate of Mailing the Stipulation and Order to extend time for filing Reply Brief.
10/18/1999BriefFiled Reply Brief. Mailed on: Fed-Ex 10/15/99.
11/05/1999OtherDisqualification of Justice Leavitt. James Jack Leavitt, Law firm of Kermitt L. Waters.
03/27/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for May 8, 2000 at the hour of 9:00 a.m. for 1/2 hour in Las Vegas.(SNP99B-WM/MS/NB) 00-04882
04/24/2000Notice/OutgoingIssued Oral Argument Reminder Notice. 00-06406
05/08/2000Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP99B-WM/MS/NB
08/10/2000Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal dismissed." fn1[We deny as moot respondent's motion to disqualify Chief Justice Rose and Justice Young from participating in the decision of their matter, as well as respondent's motion for an evidentiary hearing. We deny appellant's motion to strike and for sanctions.] SNP99B-WM/MS/NB 00-13945
09/05/2000RemittiturIssued Remittitur. 00-13983
09/05/2000Case Status Update Remittitur Issued/Case Closed.
10/25/2000RemittiturFiled Remittitur. Received by County Clerk on October 4, 2000. 00-13983