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United States Court Cases

Nevada Supreme/Appellate Court Record

STODDART VS. ESTATE OF PECCOLE

Case Information: 38253
Short Caption:STODDART VS. ESTATE OF PECCOLECourt:Supreme Court
Related Case(s): 38336 , 42133 , 42234
Lower Court Case(s):Clark Co. - Eighth Judicial District - A353258Classification:Civil Appeal - General - Other
Disqualifications:BeckerCase Status:Remittitur Issued/Case Closed
Replacement:Justice Maupin for Justice BeckerPanel Assigned: Panel
To SP/Judge:08/10/2001 / Goldberg, AubreySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/01/2001OtherDisqualification of Justice Young. Law firm of Lionel Sawyer & Collins.
08/01/2001OtherDisqualification of Justice Becker. Sat in district court proceedings.
08/01/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Offices of Richard McKnight, P.C.--check no. 20536.
08/01/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 01-12977
08/10/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Aubrey Goldberg. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/16/2001Docketing StatementFiled Docketing Statement. 01-13935
08/17/2001Notice/IncomingFiled Proof of Service. Receipt of Copy for Docketing Statement. 01-14005
08/20/2001Other Other. Mailed additional document (docketing statement) to Settlement Judge Aubrey Goldberg.
08/28/2001Notice/IncomingFiled Proof of Service. (Settlement Statement). 01-14553
12/17/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-21222
02/04/2002Notice/IncomingFiled Notice. Notice of Filing Bankruptcy. 02-02259
03/26/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. On February 4, 2002, appellant David Stoddart filed a notice indicating that he filed for Chapter 11 bankruptcy in Nevada on January 23, 2002. fn1[Because the notice, bankruptcy petition and Mr. Stoddart's signature identify Mr. Stoddart as 'William David Stoddart', the clerk of this court shall modify this court's caption to be consistent with the caption of this order.] Our review of the record below indicates that Mr. Stoddart was a plaintiff in the underlying action. We conclude that this appeal is not subject to the automatic stay. The parties were unable to agree to a settlement. 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). 02-05304
04/12/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: December 13, 2000 and January 12, 2001. To Court Reporter: Maureen Schorn. 02-06595
04/12/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: November 28, 2000, November 29, 2000, January 5, 2001 and January 9, 2001. To Court Reporter: Dina Dalton. 02-06596
04/12/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: December 26, 2000, December 27, 2000, December 29, 2000 and January 17, 2001. To Court Reporter: Joseph D'Amato. 02-06597
05/02/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: January 17, 2001. To Court Reporter: Dina Dalton. 02-07768
07/15/2002MotionFiled Motion to Consolidate. Nos. 38253/38336. 02-12122
07/22/2002MotionFiled Motion. Joinder to Motion to Consolidate Appeals. Nos. 38253/38336. 02-12514
07/22/2002MotionFiled Motion and Order/Excess Pages. Granted: 48 pages. 02-12517
07/22/2002BriefFiled Opening Brief. Mailed on: UPS. 02-12578
07/22/2002AppendixFiled Appendix to Opening Brief. Vols. 1 through 25. 02-12579
08/20/2002Order/ProceduralFiled Order/Show Cause. Stoddard and the Peccoles shall each have 30 days from the date of this order within which to show cause why these appeals should not be dismissed for lack of jurisdiction. Failure to demonstrate that this court has jurisdiction may result in this court's dismissal of these appeals. The briefing schedule in these appeals shall be suspended pending further order of this court. Each side may file any reply to the other side's response within 10 days from the date that response is served. Fn16 [We defer ruling on the motion for consolidation, filed in both appeals, and the motion to set aside the bond, filed in Docket No. 38336, pending resolution of the jurisdictional issues.] Nos. 38253 and 38336 (not consolidated) 02-14201
08/26/2002MotionFiled Motion to Extend Time. (Second request). Nos. 38253 and 38336 (not consolidated). 02-14694
08/28/2002Order/Clerk'sFiled Clerk's Order. filed on August 26, 2002. Pursuant to order of this court entered on August 20, 2002, the briefing schedule in these appeals was suspended pending further order of this court. Accordingly, the motion is denied as moot. Nos. 38253/38336-cases are not consolidated. 02-14776
09/19/2002MotionFiled Response to Order to Show Cause. Response of David Stoddart and Jencar Development Corporation to Order to Show Cause. Nos. 38253 and 38336 (not consolidated). 02-16299
09/23/2002MotionFiled Response to Order to Show Cause. (Peccoles) Nos. 38253 and 38336 (not consolidated). 02-16449
10/01/2002MotionFiled Reply to Response. Reply of David Stoddart and Jencar Development Corporation to Peccole Defendants' " Response to Order to Show Cause". Nos. 38253/38336 (not consolidated). 02-16932
10/04/2002MotionFiled Reply to Response. Peccolle's Reply to Stoddardt's Response to Order to Show Cause. Nos. 38253 and 38336 (not consolidated). 02-17226
11/22/2002Order/DispositionalFiled Order Dismissing Appeal. "ORDER these appeals DISMISSED." fn9[We deny the motion to consolidate, filed in both appeals on July 15, 2002, and the motion to set aside the bond, filed in No. 38336 on January 28, 2002, as moot in light of this order.] SNP03-WM/MS/ML. Nos. 38253/38336--cases are not consolidated. 02-20156
12/10/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from Lionel firm - check no. 011399.
12/10/2002Post-Judgment PetitionFiled Petition for Rehearing. Plaintiffs' Petition for Rehearing and Motion to Suspend the Rules and Grant Reconsideration En Banc.Mailed on: 12/9/02. Nos. 38253/38336 - not consolidated. 02-21107
01/21/2003Order/DispositionalFiled Order Dismissing Appeal. Corrected Order Dismissing Appeals. "ORDER these appeals DISMISSED." fn9[We deny the motion to consolidate, filed in both appeals on July 15, 2002, and the motion to set aside the bond, filed in No. 38336 on January 28, 2002, as moot in light of this order.] SNP03-MS/ML/WM. Nos. 38253/38336-cases are not consolidated. 03-01075
01/21/2003Post-Judgment OrderFiled Order/Rehearing Denied. Order Denying Motion to Suspend Rules of Appellate Practice and Denying Rehearing. Petitioners have moved to suspend the rules of appellate practice so that this matter may be considered by the en banc court. We deny the motion. We have considered the petition for rehearing, and " . . . we conclude that rehearing is not warranted." NRAP 40(c). SNP03-WM/MS/ML. Nos. 38253/38336-cases are not consolidated. 03-01077
02/18/2003RemittiturIssued Remittitur. 03-01146
02/18/2003Case Status Update Remittitur Issued/Case Closed.
02/26/2003RemittiturFiled Remittitur. Received by County Clerk on February 20, 2003. 03-01146