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United States Court Cases

Nevada Supreme/Appellate Court Record

CITY OF RENO VS. MARKIEWICZ

Case Information: 35912
Short Caption:CITY OF RENO VS. MARKIEWICZCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9903002Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:04/12/2000 / Olsen, PhilipSP Status:Completed
Oral Argument:10/17/2001 at 9:30 AMOral Argument Location:Carson City
Submission Date:10/17/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/07/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Michael E. Langton--check no. 1727.
04/07/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-05630
04/12/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Philip A. Olsen. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
05/02/2000Filing Fee Filing Fee Waived.
05/02/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. 00-07165
05/22/2000Order/ProceduralFiled Order/Briefing Schedule. Pursuant to the written request of the settlement judge, and good cause appearing, this appeal is removed from the settlement conference program. Appellant-cross/resondent and respondents/cross-appellants: 15 days to comply with NRAP 9(a) and file a docketing statement. Upon the filing of the docketing statements this court shall conduct a preliminary jurisdictional review of this appeal. Appellant/cross-respondent: 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel for appellant/cross-respondent and respondents/cross-appellants). 00-08472
06/06/2000Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent (City of Reno). 00-09563
06/07/2000Notice/IncomingFiled Proof of Service. (Docketing Statement). 00-09599
06/13/2000Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 00-10042
06/16/2000Transcript RequestFiled Certificate of No Transcript Request. 00-10335
06/23/2000MotionFiled Motion to Extend Time. Motion to Enlarge Time to File Response to Docketing Statement. 00-10751
06/23/2000Docketing StatementReceived Response to Docketing Statement. 00-10752
07/18/2000Order/ProceduralFiled Order/Show Cause. Respondents/cross-appellants shall, within 10 days of the date of this order, file and serve either a transcript request form or a certificate of no transcript request or show why their appeal should not be dismissed as abandoned. On June 23, 2000, respondent (the Commission) file a motion to enlarge time to file a response to the docketing statement. We grant the Commission's motion. The clerk of this court shall forthwith file the Commission's response which was provisionally submitted on June 23, 2000. 00-12385
07/18/2000Docketing StatementFiled Response to Docketing Statement. 00-10752
07/24/2000Transcript RequestFiled Certificate of No Transcript Request. Respondent/Cross-Appellant. 00-12787
09/19/2000BriefFiled Opening Brief. Appellant/Cross-Respondent. Mailed on: Hand delivered 9/19/00 (Reno/Carson). 00-16495
09/19/2000AppendixFiled Joint Appendix. Appellant/Cross-Respondent. Vols. 1 through 3. 00-16496
10/17/2000MotionFiled Stipulation and Order. Briefs due: 11/20/00 (Respondent/Cross-Appellant and Respondent). 00-18428
11/22/2000BriefFiled Answering Brief. Respondents/Cross-Appellants Answering Brief. Mailed on: 11/20/00. 00-20512
11/27/2000Notice/OutgoingIssued Notice of Deficient Brief. and Deficient Appendix. Returned Unfiled Respondent's (Civil Service Commission) Answering Brief and Appendix. Corrected brief and appendix due: 10 days.
12/07/2000BriefFiled Answering Brief. Respondent's (Civil Service Commission of the City of Reno) Answering Brief . Mailed on: Hand delivered 12/07/00. 00-21416
12/07/2000AppendixFiled Appendix to Answering Brief. Respondent's (Civil Service Commission of the City of Reno) Appendix. 00-21417
12/22/2000MotionFiled Stipulation and Order. (Appellant/Cross-Respondent City of Reno.) Brief due: January 22, 2001. 00-22300
01/23/2001BriefFiled Reply Brief. Appellant.Cross-Respondent's Reply Brief. Mailed on: Hand delivered 01/23/01 (Reno/Carson). 01-01522
08/30/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on October 17, 2001, at 9:30 a.m. (En Banc)
10/01/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
10/17/2001Other Other. Lynn Drake deleted as a party to this appeal and caption corrected. See: Appellant/Cross-Respondent's Opening Brief, page 3 footnote 1, filed September 19, 2000 and Respondents/Cross-Appellants Answering Brief, page1 footnote 1, filed November 22, 2000. Lynn Drake deleted as a party to this appeal and caption corrected.
10/17/2001Case Status Update Submitted for Decision. Before the En Banc Court. En Banc
11/15/2001Opinion/DispositionalFiled Authored Opinion. "Affirmed.' fn3[The City of Reno filed an appeal from the denial of the writ of mandate and the petition for judicial review. The district court granted the declaratory judgment, which gave the City of Reno the relief requested. Therefore, the City of Reno is not an aggrieved party. It is not entitled to appeal, and therefore its appeal is dismissed. Nevertheless, this court has jurisdiction by reason of the cross-appeal.] Before the Court En Banc. By the Court, Shearing, J. We concur: Young, Rose, Leavitt and Becker, JJ. Maupin, C.J., with whom Agosti, J., agrees, dissenting. 117 Nev. Adv. Opn. No. 70. En Banc. 01-19042
12/03/2001MotionFiled Motion to Extend Time. 01-20234
12/05/2001Notice/IncomingFiled Proof of Service. (Motion to Enlarge Time for Filing Petition for Rehearing). 01-20435
12/07/2001MotionFiled Response to Motion. Opposition to Motion to Enlarge Time for Filing Petition for Rehearing. 01-20608
12/14/2001Order/ProceduralFiled Order Granting Motion. Respondents shall have until January 2, 2002, to file and serve a petition for rehearing. 01-21073
01/02/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from Michael E. Langton--check no. 1484.
01/02/2002Post-Judgment PetitionFiled Petition for Rehearing. Mark Markiewicz. Delivered on: 1/2/02. 02-00112
01/02/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from Leslie Miller -check no. 1127.
01/02/2002Post-Judgment PetitionFiled Petition for Rehearing. Civil Service Commission of the City of Reno. Mailed on: Hand delivered 1/2/02. 02-00117
01/10/2002Order/ProceduralFiled Order. Order Directing Answer. The Reno Civil Service Commission and Mark Markiewicz have both petition for rehearing. The City of Reno shall have 15 days from the date of this order to file an answer, including authorities, against rehearing. 02-00671
01/14/2002MotionFiled Motion. Motion to Enlarge Record on Rehearing. 02-00956
01/25/2002Post-Judgment PetitionFiled Answer to Petition for Rehearing. Opposition to Petitions for Rehearing (City of Reno). 02-01768
03/27/2002Post-Judgment OrderFiled Order/Rehearing Denied. Order Denying Rehearing and Modifying Opinion. The respondent and respondent/cross-appellant both filed petitions for rehearing. We have considered the petitions, and the answer filed by appellant/cross-respondent, and we conclude that rehearing is not warranted under NRAP 40( c). We deny respondent's motion to enlarge the record on rehearing and ' . . . we deny the petitions for rehearing.' In their rehearing documents, the parties correctly noted that our opinion contains an error. We direct the clerk of this court to make the following changes to our opinion (filed November 15, 2001). See 1, 2 and 3 of the Order. EN BANC-Maupin, C.J. dissenting. 02-05382
04/11/2002RemittiturIssued Remittitur. 02-05509
04/11/2002Case Status Update Remittitur Issued/Case Closed.
04/23/2002RemittiturFiled Remittitur. Received by County Clerk on April 16, 2002. 02-05509