| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 09/13/2001 | Filing Fee | Filing Fee Waived. | | |
| 09/13/2001 | Notice of Appeal Documents | Filed 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.) | | 01-15509
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| 09/20/2001 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Terry A. Simmons. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 09/24/2001 | Docketing Statement | Filed Docketing Statement. | | 01-16123
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| 09/26/2001 | Notice/Outgoing | Letter. Terry A. Simmons. | | |
| 10/02/2001 | Docketing Statement | Filed Response to Docketing Statement. | | 01-16540
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| 10/05/2001 | Notice/Outgoing | Letter. Terry A. Simmons. | | |
| 10/10/2001 | Docketing Statement | Filed Response to Docketing Statement. | | 01-17081
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| 10/11/2001 | Notice/Outgoing | Letter. Terry A. Simmons. | | |
| 12/11/2001 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 01-20762
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| 12/19/2001 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. 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). | | 01-21397
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| 01/03/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: September 26, 2000. To Court Reporter: Stephanie Zolkowski. | | 02-00131
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| 01/15/2002 | Order/Procedural | Filed Order/Show Cause. Response due from appellant: 30 days. | | 02-01016
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| 02/12/2002 | Motion | Filed Response to Order to Show Cause. | | 02-02814
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| 02/14/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 02-02959
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| 03/04/2002 | Other | Other. Respondents' Non-Opposition to Appellant's Response to Order to Show Cause. | | 02-03904
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| 03/05/2002 | Order/Procedural | Filed Order. Allowing Appeal to Proceed. In response to our show cause order, appellant has demonstrated that he has cured the defect by timely filing an amended notice of appeal from a written order entered February 4, 2002. Since it appears that we now have jurisdiction, the parties may proceed in accordance with the briefing schedule previously established by our December 19, 2001 order. | | 02-03993
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| 04/15/2002 | Order/Procedural | Filed Order. Ms. Zolkowski shall have 20 days from the date of this order to prepare and file the transcript for proceedings conducted on September 26, 2002, or if more time is needed, file a motion requesting an extension of time. If the requested transcript cannot be produced, Ms. Zolkowski, shall notify this court, in writing, of this fact. | | 02-06648
|
| 04/16/2002 | Motion | Filed Stipulation and Order. Brief due: May 20, 2002. | | 02-06797
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| 04/17/2002 | Notice/Incoming | Filed Substitution of Attorneys. Story & Sertic, Ltd., in place and stead of Bible Hoy & Trachok as counsel for respondent Granite Construction Co. | | 02-06840
|
| 05/20/2002 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 10. | | 02-08816
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| 05/20/2002 | Brief | Filed Opening Brief. Mailed on: Hand delivered 05/20/02. | | 02-08904
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| 05/20/2002 | Other | Other. Filed Corrected Index to Appellant's Appendix. (Appellant's Corrected Appendix to Appellant's Opening Brief). Replaced Index in each of the 10 volumes of the appendix. | | 02-08905
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| 06/18/2002 | Motion | Filed Stipulation and Order. Brief due: July 19, 2002. | | 02-10517
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| 07/02/2002 | Order/Procedural | Order. To date , Ms. Zolkowski has failed to file the transcript requested of her, or otherwise communicate with this court. Ms. Zolkowski shall have 10 days to prepare and file the transcript for proceedings conducted on September 26, 2000, or show cause why sanctions should not be imposed. | | 02-11300
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| 07/08/2002 | Transcript | Filed Transcript. Proceedings: September 26, 2000. Court Reporter: Stephani Zolkowski. | | 02-11576
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| 07/19/2002 | Brief | Filed Answering Brief. Respondent Granite Construction Company's Answering Brief. Mailed on: Hand delivered 07/19/02. | | 02-12376
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| 07/19/2002 | Brief | Filed Answering Brief. Respondent EICON's Answering Brief. Mailed on: Hand delivered 07/19/02. | | 02-12403
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| 08/19/2002 | Motion | Filed Stipulation and Order. Brief due: September 18, 2002. | | 02-14095
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| 09/18/2002 | Motion | Filed Stipulation. | | 02-16265
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| 09/19/2002 | Notice/Incoming | Filed Affidavit. Affidavit of Service by Mail. | | 02-16300
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| 09/25/2002 | Order/Procedural | Filed Order Granting Motion. We elect to treat the stipulation filed on September 18, 2002, as a joint motion for an extension of time. Appellant shall have until October 18, 2002, to file and serve the reply brief. Any additional extensions of time to file the reply brief will be granted "only on motion for good cause clearly shown." | | 02-16625
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| 10/18/2002 | Brief | Filed Reply Brief. Mailed on Hand delivered 10/18/02. | | 02-18198
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| 02/24/2003 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 14, 2003, at 9:30 a.m. (NNP03-RR/WM/MG) | | |
| 03/31/2003 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 04/14/2003 | Case Status Update | Submitted for Decision. Before the Northern Nevada Panel. NNP03-RR/WM/MG. | | |
| 06/18/2003 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Rose, J. and Gibbons, J. Maupin, J., concurring. NNP03-RR/WM/MG | | 03-10186
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| 07/01/2003 | Motion | Filed Motion. Motion for Publication of Order of Affirmance. | | 03-11029
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| 07/01/2003 | Notice/Outgoing | Issued Notice to Provide Proof of Service. Due date: 10 days. | | |
| 07/10/2003 | Notice/Incoming | Filed Proof of Service. on Motion for Publication of Order of Affirmance on Mark S. Sertic. | | 03-11611
|
| 07/10/2003 | Notice/Incoming | Filed Proof of Service. on Motion for Publicaton of Order of Affirmance on Nancyann Leeder. | | 03-11612
|
| 07/11/2003 | Letter/Incoming | Filed Letter. from attorney Nancyann Leeder regarding Motion for Publication of Order of Affirmance. | | 03-11658
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| 07/15/2003 | Remittitur | Issued Remittitur. | | 03-10384
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| 07/15/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 07/16/2003 | Motion | Filed Response to Motion. Appellant's Opposition to Motion for Publication of Order of Affirmance and Motion for Reconsideration. | | 03-12074
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| 07/29/2003 | Motion | Filed Motion for Permission to File Document. Motion for Permission to File a Reply to Claimant's Opposition to EICN's Motion for Publication. | | 03-12754
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| 07/31/2003 | Remittitur | Filed Remittitur. Received by County Clerk on July 16, 2003. | | 03-10384
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| 08/15/2003 | Order/Procedural | Filed Order Denying Motion. for Publication, Motion for Reconsideration, and Motion to file a Reply. This court issued an order of affirmance in this matter on June 18, 2003. Respondent EICON has filed a motion for publication of that order as an opinion. Appellant filed an opposition to that motion and a motion for reconsideration and then filed a motion for permission to file a reply in support of its motion for publication. We conclude that publication of our order in this matter as an opinion is not warranted. As for Beach's motion for reconsideration, we conclude that it is untimely. The only means of requesting that a panel of this court 'reconsider' a decision in a case is to file a petition for rehearing under NRAP 40. We therefore treat Beach's motion as a petition for rehearing. The motion for reconsideration was not timely filed. fn3[We also note that the remittitur issued on July 15, 2003, thereby divesting this court of jurisdiction. In addition to being untimely, Beach did not ask this court to recall its remittitur.] 'ORDER the motion for publication, motion for reconsideration, and motion for permission to file a reply DENIED.' NNP03-RR/WM/MG | | 03-13647
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