judyrecords
search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

UNIV. & CMTY. COLLEGE SYSTEM OF NEV. VS. SUTTON

Case Information: 39568
Short Caption:UNIV. & CMTY. COLLEGE SYSTEM OF NEV. VS. SUTTONCourt:Supreme Court
Related Case(s): 38514
Lower Court Case(s):Clark Co. - Eighth Judicial District - A417252Classification:Civil Appeal - General - Other
Disqualifications:Gibbons, LeavittCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:05/14/2002 / Buchanan, WilliamSP Status:Completed
Oral Argument:11/14/2003 at 9:00 AMOral Argument Location:Carson City
Submission Date:11/14/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/02/2002Filing Fee Filing Fee Waived.
05/02/2002Notice 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.) 02-07755
05/14/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/17/2002Docketing StatementFiled Docketing Statement. 02-08719
05/17/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 02-08759
05/17/2002Notice/Outgoing Letter. William F. Buchanan. (Docketing statement)
05/22/2002Notice/Outgoing Letter. William F. Buchanan. (Supplemental Notice of Appeal)
05/24/2002MotionFiled Motion for Stay. 02-09173
05/29/2002Notice/IncomingFiled Proof of Service. -- Amended Certificate of Service Motion for Stay. 02-09364
06/05/2002MotionFiled Response to Motion. Respondent Richard L. Sutton's Opposition to Appellant's Motion for Stay. 02-09784
06/20/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: July 29, 2002. 02-10713
07/09/2002Order/ProceduralFiled Order Denying Motion. Order Denying Stay. We conclude that none of the factors militates strongly in favor of a stay. We therefore deny the motion. 02-11676
08/02/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: September 13, 2002 at 10:00 a.m. 02-13289
09/16/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-16120
09/26/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. 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). 02-16674
10/11/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: November 9, 2001; November 30, 2001 (including calendar call); January 14, 2002; January 24, 2002; February 4, 5, 6, 7, 8, 2002; March 20, 2002; April 15, 2002; and April 29, 2002. To Court Reporter: Rene Silvaggio. 02-17598
10/11/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: June 25, 2001. To Court Reporter: James Helleso. 02-17599
10/11/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: March 25, 2002. To Court Reporter: Leta Haupt. 02-17600
10/11/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: January 31, 2002, and calendar call. To Court Reporter: Kendall Heath. 02-17601
10/11/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: February 11, 2002 (morning only) and February 12, 2002. To Court Reporter: Dina Dalton. 02-17602
10/29/2002Letter/IncomingFiled Letter. from Court Reporter Haupt addressed to Sherry Tunnicliffe, Court Reporter dated October 21, 2002 regarding Request for Transcript of Proceedings. (courtesy copy)
11/26/2002TranscriptFiled Transcript. Proceedings: January 31, 2002. Court Reporter: Kendall D. Heath. 02-20409
12/02/2002TranscriptFiled Transcript. Proceedings: June 25, 2001. Court Reporter: James A. Helleso. 02-20584
12/17/2002Order/ProceduralFiled Order. On October 11, 2002, appellant filed transcript request forms requesting the production of transcripts by court reporters Rene Silvaggio, Leta Haupt and Dina Dalton. All requested transcripts were due to be filed by November 10, 2002. To date, the requested transcripts have not been filed. On October 29, 2002, this court received a letter from Ms. Haupt addressed to court recorder Sherry Tunnicliffe indicating that Ms. Tunnicliffe is to prepare the transcript for proceedings held on March 25, 2002. However, our review of the district court minute entries indicates that Cindy Magnussen was the court reporter for the proceedings held on March 25, 2002. Because it is unclear which court reporter was present at the proceedings conducted on March 25, 2002, Ms. Tunnicliffe and Ms. Magnussen shall have 20 days from the date of this order to prepare and file the requested transcripts. Our further review of the district court minute entries indicates that no proceedings were conducted on January 24, 2002. Accordingly, we conclude that Ms. Silvaggio need not produce a transcript for that date. Ms. Silvaggio, and Ms. Dalton shall have 20 days from the date of this order to prepare and file the transcripts requested of them. 02-21545
12/26/2002Other Other. Received returned letter containing copy of order filed 12/17/02 addressed to court reporter Sherry Tunicliffe (postmark stamp reads Attempted-No Known).
12/30/2002TranscriptFiled Transcript. Proceedings: Various Motions taken on Monday, March 25, 2002. Court Reporter: Cindy Magnussen. 02-22182
01/06/2003OtherDisqualification of Justice Gibbons. Sat in district court proceedings.
01/17/2003TranscriptFiled Transcript. Proceedings: 2/12/02. Court Reporter: Dina Dalton. 03-00948
01/17/2003MotionFiled Stipulation and Order. Brief due: February 26, 2002. 03-00996
01/24/2003Letter/IncomingFiled Letter. from court reporter Dina Dalton regarding payment for transcripts. Nos. 38454, 38665, 39502 & 39568 03-01365
02/11/2003TranscriptFiled Transcript. Proceedings: 11/30/01; 01/14/02; 03/20/02; 4/15/02; 04/29/02; 02/04/02; 02/05/02; 02/06/02; 02/07/02; 02/08/02; and 02/11/02. Court Reporter: Renee Silvaggio. 03-02376
02/18/2003MotionFiled Motion to Extend Time. 03-02738
02/20/2003Order/ProceduralFiled Order Granting Motion. filed February 18, 2003. Appellant shall have until March 28, 2003, to file and serve the opening brief and appendix. 03-02839
03/31/2003BriefFiled Opening Brief. Mailed on: Fed Ex 03/28/03. 03-05295
03/31/2003AppendixFiled Appendix to Opening Brief. Vols. 1 through 7. 03-05297
04/30/2003Order/ProceduralFiled Order. Directing Transmission of Transcript. To date, Ms. Silvaggio has not yet filed the transcript for proceedings conducted on November 9, 2001. Ms. Silvaggio shall have 10 days from the date of this order to prepare and file the requested transcript or show cause why sanctions should not be imposed. 03-07317
05/06/2003MotionFiled Motion to Extend Time. Motion for a Thirty Day Extension to file Respondent's Answering Brief. 03-07662
05/07/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed May 6, 2003. Respondent shall have until May 30, 2003, to file and serve the answering brief. 03-07726
05/15/2003Letter/IncomingFiled Letter. from Court Reporter Renee Silvaggio in response to order filed April 30, 2003 regarding transcripts. 03-08309
06/02/2003BriefFiled Answering Brief. 03-09103
06/02/2003AppendixFiled Appendix to Answering Brief. 03-09104
07/03/2003BriefFiled Reply Brief. 03-11165
09/17/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on November 14, 2003, at 9:00 a.m. (En Banc)
10/29/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
11/05/2003Order/IncomingFiled Executive Order. District Judge Steven Dobrescu is appointed to sit in the place of Justice Mark Gibbons. 03-18402
11/05/2003Order/IncomingFiled Executive Order. District Judge Michelle Leavitt is appointed to sit in the place of Justice Myron E. Leavitt. 03-18403
11/14/2003Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC
12/28/2004Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court EN BANC. fn1--[The Honorable Michelle Leavitt, Judge of the Eighth Judicial District Court, was designated by the Governor to sit in place of the Honorable Myron E. Leavitt, Justice. The Honorable Steven Dobrescu, Judge of the Seventh Judicial District Court, was designated by the Governor to sit in place of the Honorable Mark W. Gibbons, Justice. Nev. Const. art. 6, ยง 4. The Honorable Michael L. Douglas, Justice, did not participate in the decision of this matter.] Author: Leavitt, Michelle. Majority: Leavitt/Shearing/Agosti/Rose/Becker/Maupin/Dobrescu. 120 Nev. Adv. Opn. No. 99. EN BANC. 04-23546
01/25/2005RemittiturIssued Remittitur. 05-00930
01/25/2005Case Status Update Remittitur Issued/Case Closed.
03/04/2005RemittiturFiled Remittitur. Received by County Clerk on January 27, 2005. 05-00930
04/05/2005Notice/OutgoingIssued Letter. to the Publishers from Cay Jorday, Editor Correction on the original opinion: page 21.