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United States Court Cases

Nevada Supreme/Appellate Court Record

STEWART TITLE VS. AMES

Case Information: 38345
Short Caption:STEWART TITLE VS. AMESCourt:Supreme Court
Related Case(s): 34880 , 35820 , 41621
Lower Court Case(s):Clark Co. - Eighth Judicial District - A312219Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/20/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Phillip M. Stone--check no. 1430.
08/20/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 01-14060
08/20/2001Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
08/21/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from David Curtis--Wells Fargo Personal Money Order No. 6014021057.
08/21/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. (Appellant David W. Curtis.) 01-14181
09/13/2001Other Other. Filed Response to Notice to File Case Appeal Statement (Certified copy of Case Appeal Statement Attached - filed in the District Court on August 21, 2001). 01-15489
09/13/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 01-15508
09/19/2001Docketing StatementFiled Docketing Statement. 01-15840
09/20/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appellant David W. Curtis. 01-15892
12/19/2001MotionFiled Stipulation and Order. Brief due: January 17, 2002. 01-21447
01/17/2002MotionFiled Stipulation. 02-01246
01/22/2002Order/Clerk'sFiled Clerk's Order Granting Motion. The stipulation filed on January 17, 2002 is treated as a joint motion for an extension of time. The motion is granted. Appellant Stewart Title of Nevada shall file and serve the opening brief and appendix by January 24, 2002. 02-01393
01/24/2002MotionFiled Motion. Motion for Order Directing Transmittal of Exhibits. 02-01675
01/24/2002MotionFiled Motion and Order/Excess Pages. Granted: 36 pages. 02-01676
01/24/2002BriefFiled Opening Brief. Appellant Stewart Title of Nevada's Opening Brief. Mailed on: Hand delivered 01/24/02. Signed by: Phillip M. Stone. 02-01682
01/24/2002AppendixFiled Appendix to Opening Brief. Vols 1 through 19. 02-01683
02/01/2002Notice/IncomingFiled Notice of Change of Address. Attorney Phillip M. Stone. 02-02169
02/01/2002Notice/IncomingFiled Proof of Service. 02-02170
02/04/2002MotionFiled Response to Motion. Respondents' Notice of No Opposition to Motion for Order Directing Transmittal of Exhibits. 02-02239
02/22/2002MotionFiled Motion and Order Extending Time. Brief due: March 25, 2002. 02-03387
02/25/2002MotionFiled Response to Motion. Notice of No Opposition to Respondents' Motion for Extension of Time to File Response Brief. 02-03529
03/25/2002Order/ProceduralFiled Order. On January 24, 2002, appellant Stewart Title filed a motion requesting this court to direct the district court clerk to transmit the original exhibits filed by the parties in the lower Court action. On February 4, 2002, respondents filed a notice of no opposition. We grant Stewart Title's motion in part. The clerk of the district court shall transmit to this court, within 30 days, Plaintiff's Exhibits, filed in district court case number A312219: 6; 107; and 113. Should any other exhibits, not already included in appellant's appendix or transmitted pursuant to this order, be necessary for respondent's answering brief, they should be included in an appendix . On October 1, 2001, appellant David W. Curtis filed a motion to proceed in proper person in this appeal pursuant to NRAP 46(b). In that motion, Mr. Curtis represents that he is an Attorney in good standing licensed to practice before the Arizona Supreme Court; the United States District Court, District of Arizona; the United States Court of Appeals for the 9th Circuit, 5th Circuit and 10th Circuit. We grant Mr. Curtis' motion insofar as it requests permission to file documents in this appeal. fn1[Because we elect to rule on the merits of Mr. Curtis' October 1, 2001, motion, we direct the clerk of this court to file that motion.] Mr. Curtis may file an opening brief within 30 days from the date of this order. Failure to comply with this court's orders or procedural rules may result in the revocation of permission to file documents in this appeal. Respondents shall file and serve an answering brief to Mr. Curtis' opening brief within 30 days from the date of service of Mr. Curtis' opening brief. The answering brief to Stewart Title's opening brief is due to be filed and served by March 25, 2002. On February 1, 2002, Mr. Curtis submitted another motion. One such request was for an extension of time to file a docketing statement. The other requests in that motion are rendered moot by our granting of Mr. Curtis' October 1, 2002, motion and setting forth a briefing schedule. On February 11, 2002, respondents filed an opposition. fn2[We direct the clerk of this court to file Mr. Curtis' February 1, 2002, motion as well as respondent's February 11, 2002, opposition.] The clerk of this court shall file the docketing statement submitted by Mr. Curtis on February 1, 2002. Appellants have never complied with NRAP 9(a) in this appeal. Because it appears that all necessary transcripts have been included in the appendix to Stewart Title's opening brief, we waive appellants' duty under NRAP 9(a). If, any party will be citing, in their brief, to transcripts that have not been included in that appendix, that party should comply with NRAP 9(a) within 10 days from the date of this order. 02-05222
03/25/2002MotionFiled Proper Person Motion. Motion for Order to Allow Appearance in Proper Person. 01-16490
03/25/2002MotionFiled Proper Person Motion. Motion to Designate Original Appellant; Request for Ruling on Pending Motion to Permit in Personum Representation; Motion to Compel the District Court to Deliver All Rule 3(e) Documents and to Accept Transactions in Appendices to Briefs in Lieu of Record; Motion to Enlarge Time in Which to File Docketing Statement; Motion to Enlarge Time in Which to File Curtis' Opening Brief and to Set Briefing Schedule. 02-02151
03/25/2002MotionFiled Response to Motion. Respondents' Opposition to Curtis's Motions filed February 1, 2002. 02-02667
03/25/2002Other Incoming DocumentFiled Proper Person Document. Docketing Statement of appellant David W. Curtis. 02-02150
03/25/2002MotionFiled Motion to Extend Time. 02-05297
03/27/2002Order/ProceduralFiled Order Granting Motion. filed March 25, 2002. Respondent shall file and serve the answering brief to Stewart Title's opening brief by April 25, 2002. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 02-05400
03/29/2002Notice/IncomingFiled Notice of Change of Address. and Change of Law Firm. 02-05651
03/29/2002Notice/IncomingFiled Notice. Notice of No Opposition to Respondents' Second Motion for Extension of Time to File Response Brief. 02-05652
04/24/2002MotionFiled Motion to Extend Time. 02-07234
04/26/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed April 24, 2002. Appellant David W. Curtis shall file and serve the opening brief by May 8, 2002. 02-07399
04/29/2002BriefFiled Answering Brief. Stanley Ames, M.D., Et Al.'s Response to Opening Brief of Stewart Title of Nevada. Mailed on: 04/25/02. Signed by: James R. Christensen. 02-07535
04/29/2002AppendixFiled Appendix to Answering Brief. 02-07536
04/29/2002Notice/IncomingFiled Proof of Service. Second Amended Certificate of Mailing of Motion to Enlarge the Time in which to File Appellant Curtis's Opening Brief. 02-07541
04/29/2002MotionFiled Motion. Motion for Order Directing Transmittal of Exhibits. 02-07542
04/29/2002Notice/IncomingFiled Proof of Service. Amended Certificate of Mailing of Motion for Order Directing Transmittal of Exhibits. 02-07544
05/09/2002MotionFiled Motion for Excess Pages. Motion for Order Allowing Brief in Excess of Thirty Pages. 02-08158
05/21/2002MotionFiled Motion and Order Extending Time. Brief due: June 27, 2002. 02-08960
06/03/2002MotionFiled Motion to Extend Time. Respondents' Motion for Extension of Time to File Response to Brief (Stanley Ames). 02-09699
06/27/2002Order/ProceduralFiled Order. Denying Motion to Transmit Exhibits and Granting Motion for Excess Pages. On April 29, 2002, appellant David Curtis filed a motion requesting the transmission of original exhibits from the district court. Because it appears that the exhibits are not incapable of being reproduced in an appendix, we deny Mr. Curtis' motion to transmit exhibits. Mr. Curtis shall have 30 days from the date of this order to file a supplemental appendix that contains the exhibits he cites to in his opening brief. On May 9, 2002, Mr. Curtis filed a motion to file a 54-page opening brief. We grant the unopposed motion. The clerk of this court shall file the opening brief and appendix received on May 9, 2002. A cursory review of Mr. Curtis' appendix indicates that the appendix may include documents not properly presented before this court. We caution the parties that this court will disregard any documents improperly presented before this court when taking this appeal under consideration. On June 3, 2002, respondents filed a motion for an extension of time to file the answering brief to Mr. Curtis' opening brief. We grant the motion. Respondents shall file and serve the answering brief to Mr. Curtis' opening brief by July 10, 2002. Mr. Curtis shall have 30 days from service of respondents' answering brief to file a reply brief, if any. 02-11083
06/27/2002BriefFiled Opening Brief. Appellant Curtis' Opening Brief. Mailed on May 7, 2002. 02-08160
06/27/2002AppendixFiled Appendix to Opening Brief. Appendix for Appellant Curtis' Opening Brief. 02-08178
06/27/2002MotionFiled Motion to Strike. Appellant's Motion to Strike Portions of Respondents' Response to Opening Brief of Stewart Title of Nevada. 02-11101
06/27/2002BriefFiled Reply Brief. Appellant Stewart Title's Reply Brief. Mailed on: Hand delivered 06/27/02. 02-11107
06/28/2002Order/ProceduralFiled Order/Show Cause. Response due from appellants: 30 days from the date of this order. The briefing schedule established by this court's June 27, 2002 order is suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellants' responses are served. 02-11129
07/10/2002MotionFiled Motion to Extend Time. Respondents' Request for an Extension of Time to file an Opposition to Appellant's Motion to Strike Portions of Respondents' Response to Opening Brief of Stewart Title of Nevada. 02-11789
07/25/2002MotionFiled Response to Order to Show Cause. Appellant Stewart Title Response to Order to Show Cause. 02-12757
07/29/2002MotionFiled Response to Order to Show Cause. Appellant David W. Curtis. 02-13004
08/12/2002MotionFiled Motion to Extend Time. Respondents' Motion for Extension of Time to File Reply to Stewart Title's Response to Order to Show Cause. 02-13791
08/14/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed August 12, 2002. The clerk shall file respondents' reply to appellants' response to order to show cause received on August 12, 2002. 02-13878
08/14/2002MotionFiled Reply to Response. Respondents' Reply to Appellants' Response to Order to Show Cause. 02-13793
08/22/2002Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal DISMISSED." fn5[We decline appellant David Curtis's request for an extension of time to establish this court's jurisdiction or for a remand allowing the district court to consider NRCP 54(b) certification of the second amended judgment. We note that appellants may again seek appellate review once the district court resolves the rights and liabilities of all the parties in a formal written judgment or order. We deny as moot appellant Stewart title's June 27, 2002 motion to strike and respondents' July 10, 2002 motion for an extension of time to file an opposition. We direct the clerk of this court to return un-filed the opposition provisionally received on July 19, 2002.] SNP02-WM/CY/ML 02-14376
08/22/2002Notice/OutgoingIssued Letter. to attorney James R. Christensen. Returned unfiled, the original Respondents' Opposition to Appellant's Motion to Strike Portions of Respondents' Response to Opening Brief of Stewart Title of Nevada received on July 19, 2002.
09/18/2002RemittiturIssued Remittitur. Returned Exhibits: Plaintiff's Exhibit 6 - Stewart Title Escrow File #91-26-0258-BTN; Plaintiff's Exhibit 107 - Joint Venture Agreement VPI/Elkhorn; and Plaintiff's Exhibit 113 - Sierra Nevada Mortgage production this day. 02-14932
09/18/2002Case Status Update Remittitur Issued/Case Closed.
09/27/2002RemittiturFiled Remittitur. Received by County Clerk on September 24, 2002. 02-14932