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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 33532
Short Caption:GABRIEL VS. EICONCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A385897Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/13/1999 / Putney, DavidSP Status:Completed
Oral Argument:03/20/2002 at 2:00 PMOral Argument Location:Las Vegas Office
Submission Date:03/20/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
12/29/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Craig P. Kenny-check no. 6562.
12/29/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 98-00548
01/04/1999Transcript RequestFiled Request for Transcript of Proceedings. Proceedings: 10/12/98. To Court Reporter: 99-00006
01/13/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: David H. Putney. (Briefing and preparation of transcripts suspended pending further order of this court.)
01/14/1999Docketing StatementFiled Docketing Statement. 99-00271
08/16/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: September 29, 1999. 99-07598
12/22/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-13038
01/21/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Court reporter Tom Mercer: 30 days to prepare and file the transcript requested by appellants request filed on january 4, 1999. Appellant: 100 days to file opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 00-00965
02/04/2000Letter/IncomingFiled Letter. Letter from Mercer & Associates, Court Reporters. No request for transcript has been received and Tom Mercer was not present at the proceedings in this matter. 00-01839
03/10/2000Order/ProceduralFiled Order. We vacate that portion of our January 21, 2000, order directing court reporter Tom Mercer to prepare the transcript requested by appellants. Appellants shall have 15 days to file an amended transcript request form or certificate of no transcript request. 00-03837
04/17/2000BriefFiled Opening Brief. Mailed on: 4/14/00. 00-06107
04/17/2000AppendixFiled Joint Appendix. Vols. 1 thorough 4. 00-06108
05/26/2000Order/ProceduralFiled Order/Show Cause. Appellants have failed to file either an amended transcript request form or a certificate of no transcript request. 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. 00-08911
06/06/2000Transcript RequestFiled Certificate of No Transcript Request. 00-09522
06/06/2000Letter/IncomingFiled Letter. from attorney J. Michael McGroarty with attached partially signed stipulation to extend briefing schedule. He will forward the original stipulation as soon as all parties have signed. 00-09558
06/09/2000Notice/IncomingFiled Proof of Service. for Certificate of No Transcript Request. 00-09780
06/16/2000MotionFiled Stipulation. 00-10328
06/20/2000Order/Clerk'sFiled Clerk's Order. On June 16, 2000, the parties filed an untimely stipulation for an extension of time to file the answering brief. The stipulation is treated as a motion, and the motion is granted. Respondents' answering brief, provisionally submitted on May 30, 2000, shall be filed, forthwith. Appellants shall have 30 days from the date of this order to file and serve the reply brief, if any. 00-10572
06/20/2000BriefFiled Answering Brief. Respondent's Brand Scaffold Rental & Erection, Inc., Answering Brief. 00-09063
07/26/2000Order/ProceduralFiled Order. To date respondent EICON has failed to file an answering brief or to join in the answering brief filed by respondent Brand Scaffold Rental and Erection, Inc. Respondent EICON shall file its answering brief within 10 days from the date of this order. Failure to comply with this order may result in disposition of this appeal in accordance with NRAP 31( c). 00-12971
08/09/2000BriefFiled Answering Brief. EICON Answering Brief. Mailed on: 8/7/00. 00-13835
09/11/2000BriefFiled Reply Brief. Mailed on: No postmark. 00-15939
10/05/2000Order/ProceduralFiled Order. Oral argument will not be scheduled and this appeal shall stand submitted as of the date of this order, on the record and briefs filed herein. 00-17676
10/05/2000Case Status Update Submitted for Decision.
08/27/2001Notice/IncomingFiled Substitution of Attorneys. Donald C. Smith hereby consents to the substitution of counsel to the law firm of Beckett & Yott as attorney of record for Employers Insurance Company of Nevada. 01-14498
01/22/2002Order/ProceduralFiled Order Scheduling Oral Argument. This appeal was previously submitted on the briefs and record. We have subsequently determined that oral argument would be of assistance in the disposition of this appeal. Oral argument is hereby schedule before the Southern Nevada Panel in March, 2002, in Las Vegas. The argument shall be limited to 30 minutes. 02-01348
02/07/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on March 20, 2002, at 2:00 p.m. (SNP02-CY/DA/ML)
03/06/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
03/20/2002Case Status Update Submitted for Decision. Argued by: Craig P. Kenny, as counsel for appellants and Laurie A. Yott as counsel for respondent EICON and J. Michael McGroarty as counsel for respondent Brand Scaffold Rental & Erection, Inc.
03/28/2002Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for further proceedings consistent with this order." SNP02-CY/DA/ML 02-05568
04/23/2002RemittiturIssued Remittitur. 02-05729
04/23/2002Case Status Update Remittitur Issued/Case Closed.
04/29/2002RemittiturFiled Remittitur. Received by County Clerk on April 26, 2002. 02-05729