| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 03/08/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from WJAM, LLC - check no. 0406. | | |
| 03/08/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | | 02-04286
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| 03/12/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from John W. Thomson, Esquire--check no. 3365. | | |
| 03/12/2002 | 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.) | | 02-04443
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| 03/12/2002 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | | |
| 03/18/2002 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Eva Garcia-Mendoza. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 03/21/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Santoro, Driggs, Walch, Kearney, Johnson & Thompson--check no. 6102. | | |
| 03/21/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellants.) | | 02-05111
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| 03/21/2002 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | | |
| 03/21/2002 | Notice/Outgoing | Issued Notice of Modification of Caption. | | |
| 03/22/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: January 30, 2002. To Court Reporter: Joy Hinck. | | 02-05171
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| 03/25/2002 | Notice of Appeal Documents | Filed Case Appeal Statement. Appellants/Cross-Respondents. Certified copy filed in district court on: March 11, 2002. | | 02-05296
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| 03/27/2002 | Notice/Outgoing | Letter. Eva Garcia-Mendoza. (Notice of Cross-Appeal) | | |
| 03/28/2002 | Notice of Appeal Documents | Filed Case Appeal Statement. Certified copy filed in district court on: March 21, 2002. Respondents/Cross-Appellants. | | 02-05523
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| 03/29/2002 | Other | Returned Unfiled Document. Docketing Statement not typewritten. Corrected Docketing Statement Due: 10 days. (Mailed blank docketing statement to counsel for appellant/cross-respondent.) | | |
| 04/08/2002 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 02-06158
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| 04/12/2002 | Notice/Outgoing | Letter. Eva Garcia-Mendoza. (Docketing statement for appellant/cross-respondent) | | |
| 04/29/2002 | Notice/Outgoing | Letter. Eva Garcia-Mendoza. (Two Case Appeal Statements) | | |
| 06/10/2002 | Order/Procedural | Filed Order. Due to the above-noted deficiencies we are unable to accurately determine the parties on appeal and their counsel. Accordingly, Mr. Thomson shall have 15 days from the date of this order to file an amended notice of appeal that clearly identifies the parties taking the appeal, file an amended case appeal statement that clearly identifies all parties to the appeal and names all counsel and the party or parties they represent, and file an amended docketing statement that is fully and accurately completed. In these documents, Mr. Thomson shall clearly identify whether or not he represents Jack R. and Mary R. Whitehorn on appeal. We caution Mr. Thomson that failure to comply with this order may result in the imposition of sanctions. Respondents/cross appellants' (respondents) notice of appeal was docketed in this court on March 21, 2002. Accordingly, respondents were required to file their docketing statement by April 5, 2002. To date, respondents have failed to file their docketing statement. Respondents shall have 10 days from the date of this order to file and serve the docketing statement. We caution respondents that failure to comply with this order may result in the imposition of sanctions. (Docketing statement mailed to counsel for appellants/cross-respondents and respondents/cross-appellants.) | | 02-10082
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| 06/21/2002 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant. | | 02-10750
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| 06/24/2002 | Docketing Statement | Filed Docketing Statement. Appellants/Cross-Respondents' Amended Docketing Statement. | | 02-10866
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| 06/24/2002 | Notice of Appeal Documents | Filed Case Appeal Statement. Amended Case Appeal Statement. | | 02-10871
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| 06/27/2002 | Notice/Outgoing | Issued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties. | | |
| 06/28/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 02-11204
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| 07/26/2002 | Order/Procedural | Filed Order. Order Reinstating Briefing. On June 24, 2002, the Achiardi appellants filed an amended docketing statement and case appeal statement. A review of those documents indicates that appellants Jack R. Whitehorn and Mary R. Whitehorn (Whitehorns) are proceeding in proper person. Accordingly, we vacate the notice of settlement conference and reinstate briefing of this appeal. We note that because the Whitehorns are proceeding in proper person, they will not be permitted to file briefs or other documents in this appeal. If the Whitehorns wish to file briefs or other documents in this appeal, they must retain counsel and cause counsel to enter an appearance with this court. In the event the Whitehorns retain counsel, this appeal will be re-assigned to the settlement conference program. The briefing of these appeals shall proceed as follows.
Achiardi Appeal:
The Achiardi appellants shall have 15 days from the date of this order to comply with NRAP 9(a). The Achiardi appellants shall have 120 days from the date of this order to file and serve the opening brief and appendix. Respondents shall have 30 days after service of the opening brief and appendix to file the answering brief. The Achiardi appellants shall have 30 days from service of the answering brief to file and serve a reply brief, if deemed necessary.
Westpark Cross-Appeal:
The Westpark cross-appellants shall have 15 days from the date of this order to comply with NRAP 9(a). Westpark shall have 120 days from the date of this order to file and serve the opening brief and appendix on cross-appeal. Cross-respondents shall have 30 days after service of the opening brief and appendix to file the answering brief on cross-appeal. Westpark shall have 30 days from service of the answering brief on cross-appeal to file and serve a reply brief on cross-appeal, if deemed necessary. | | 02-12865
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| 08/09/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 1/30/02. To Court Reporter: Joyce Hinck. | | 02-13684
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| 08/13/2002 | Transcript | Filed Transcript. Proceedings: Wednesday, January 30, 2002, 10:00 A.M. Court Reporter: Joy Hinck. | | 02-13838
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| 08/16/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 9/15/97. To Court Reporter: Mary Beth Cook. | | 02-14005
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| 08/16/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 2/26/97, 1/20/98. To Court Reporter: Laurie H. Webb & Associates. | | 02-14006
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| 09/30/2002 | Motion | Filed Motion. Motion to Withdraw as Counsel for Appellants/Cross-Respondents. | | 02-16821
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| 10/01/2002 | Order/Procedural | Filed Order. Our review of the district court minute entries indicates that the proceedings conducted on February 26, 1997, and January 20, 1998, were not recorded and the transcript requested for proceedings held on September 15, 1997, were filed with the district court on September 24, 1997. We conclude Ms. Cook and Laurie H. Webb & Associates are not obligated to produce the requested transcripts. If respondents/ cross-appellants will be citing to the transcript for proceedings conducted on September 15, 1997, respondents shall include a file stamped copy of the transcript in the appendix to their opening brief. | | 02-16983
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| 10/09/2002 | Motion | Filed Response to Motion. Opposition to Motion to Withdraw as Counsel for Appellants/Cross-Respondents. | | 02-17485
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| 11/15/2002 | Motion | Filed Motion. Appellants/Cross-Respondents' Emergency Motion for Procedural Order Granting Motion for Enlargement of Time to File Opening Brief. | | 02-19725
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| 05/22/2003 | Order/Procedural | Filed Order. Granting Motion to Withdraw. On September 30, 2002, counsel for appellants/cross-respondents ('appellants'), Mr. John W. Thomson, filed a motion to withdraw as counsel. The motion was served on appellants by mail on September 26, 2002. fn1[The motion was served on 'Westpark Homeowners, c/o Kathy dePorra.' Mr. Thomson avers that 'to the best of [his] knowledge and belief,' appellants may be served at Ms. dePorra's address.] To date, appellants have not opposed the motion or otherwise communicated with this court. On October 9, 2002, respondents/cross-appellants ('respondents') filed an opposition to the motion to withdraw. Accordingly, cause appearing, we grant the motion to withdraw. The clerk of this court shall remove Mr. John W. Thomson as counsel of record in this appeal for appellants. Because we grant Mr. Thomson's motion to withdraw, we deny as moot, his motion for an extension of time filed on November 15, 2002. Appellants Jacques Achiardi; Donald L. Arnold; Debra K. D'Amato; Blanche M. Glaeser; Duane Gosh, Trustee of the Gosh Family Trust; James P. Hausmann; Ann L. Hausmann; Werner H. Jockelle; Julie Jockelle; Thomas P. Kennedy; Patti A. Kennedy; Terry Gibson; Peggy Gibson; Brant Holland; Ester Holland; Kathy dePorra; Frank dePorra; Rosemary Laurent; Catherine McClintock; Betty M. Mangan; Herskel Shakerachi; Robert G. Stroud; and Jennie M. Stroud, shall have 30 days from the date of this order to retain new counsel and cause counsel to file a notice of appearance with this court. If appellants do not wish to pursue this appeal, they shall so inform this court in writing within the same time period. We caution appellants that failure to respond to this order may result in this appeal proceeding as a proper person appeal. Briefing is suspended until further order of this court. | | 03-08723
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| 06/20/2003 | Motion | Received Proper Person Motion. Appellants' Motion for Leave to Proceed in Proper Person. | | 03-10349
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| 06/30/2003 | Motion | Filed Response to Motion. Opposition to Appellants' Motion for Leave to Proceed in Proper Person and Countermotion to Dismiss Appeal. | | 03-10969
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| 07/11/2003 | Other Incoming Document | Received Proper Person Document. Reply to Opposition and Mary Whitehorn are Husband and Wife and Joint Tenants whose interests may be asserted by each other as a matter of Nevada Law. | | 03-11724
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| 01/29/2004 | Order/Procedural | Filed Order. Directing Transmission of Recordon Appeal and Setting Briefing Schedule. On May 22, 2003, this court entered an order that directed appellants to retain new counsel and cause new counsel to enter an appearance within 30 days. On June 20, 2003, appellants Jack R. Whitehorn, Mary R. Whitehorn, and Debra K. D'Amato submitted a motion indicating that they 'have been unable to retain new counsel' and wish to proceed in proper person. fn1[ Because we elect to resolve the proper person documents on their merits, we direct the clerk of this court to file the proper person documents received on June 20, 2003, and July 11, 2003. NRAP 46(b).] As appellants will not be retaining new counsel, their appeal shall proceed as a proper person appeal. The district court clerk shall have 30 days from the date of this order to transmit to the clerk of this court a certified copy of the complete trial court record in this appeal. See NRAP 11(a)(2) (the complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings; the record shall not include any exhibits filed in the district court). In the motion to proceed in proper person, appellant Jack Whitehorn represents that he is 'an experienced paralegal who has drafted numerous appellant briefs in proper person' and thus 'will be able to file his straightforward and proficient brief.' Jack Whitehorn further represents that appellants Mary R. Whitehorn and Debra K. D'Amato 'will simply join in [his] brief in proper person.' Respondents oppose the motion to proceed in proper person and alternatively request this court grant the motion only as to appellant Jack Whitehorn. Respondents also request this court to dismiss this appeal or alternatively dismiss this appeal with respect to the appellants other than Jack R. Whitehorn. Finally, respondents request this court to allow 'the Cross-Appeal to proceed in ordinary course.' Appellants oppose the request to dismiss this appeal. We deny respondents' request to dismiss this appeal as to any appellant. We grant the motion to proceed in proper person in part. Jack Whitehorn may proceed in proper person in this appeal and shall have 90 days from the date of this order to file and serve his individual opening brief. Any appellant may move this court to join in Mr. Whitehorn's opening brief after it is filed. Respondents shall have 30 days from service of the opening brief to file and serve the answering brief. See NRAP 46(b). The appeal shall stand submitted for decision upon the filing of the answering brief. Cross-appellants shall have 90 days from the date of this order to file and serve the opening brief on cross-appeal. Cross-appellants shall also cite to the record on appeal. The cross-appeal shall stand submitted for decision upon the filing of the opening brief. In light of this briefing schedule, we deny as moot, respondents' request to allow 'the Cross-Appeal to proceed in ordinary course.' | | 04-01912
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| 01/29/2004 | Motion | Filed Proper Person Motion. Appellants' Motion for Leave to Proceed in Proper Person. | | 03-10349
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| 01/29/2004 | Other Incoming Document | Filed Proper Person Document. Reply to Opposition and Mary Whitehorn are Husband and Wife and Joint Tenants whose interests may be asserted by each other as a matter of Nevada Law. | | 03-11724
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| 02/06/2004 | Other | Other. Per Order of 8/22/03, all copies of orders to proper person cc's are to be mailed to Westpark Homeowners in c/o Kathy Deporra. However, 23 copies of the order dated 01/29/04 were mailed back to the court, with a note from Kathy stating that she no longer owns anything at Westpark and is not able to be of any assistance. | | 04-02407
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| 02/19/2004 | Other | Returned Mail. Order filed 01/29/04 addressed to Frank & Kathy DePorra returned. No forwarding address. | | |
| 02/23/2004 | Other | Returned Mail. Order filed 01/29/04 addressed to Brant and Ester Holland returned. No forwarding address. | | |
| 02/25/2004 | Record on Appeal Documents | Filed Record on Appeal Copy. Vols. 1 through 3. | | 04-03615
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| 02/25/2004 | Other | Returned Mail. Order filed 01/29/04 addressed Robert and Jennie Stroud returned. No forwarding address. | | |
| 03/03/2004 | Other | Returned Mail. Order filed 01/29/04 addressed to Blanche M. Glaeser returned. No forwarding address. | | |
| 03/10/2004 | Other | Returned Mail. Receipt for documents addressed to Frank and Kathy dePorra remailed to corrected address. | | |
| 04/26/2004 | Motion | Received Proper Person Motion. Motion for Extension of Time to File Opening Brief. | | 04-07676
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| 04/30/2004 | Brief | Filed Opening Brief. Respondent/Cross-Appellant. | | 04-07940
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| 04/30/2004 | Appendix | Filed Appendix to Opening Brief. | | 04-07941
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| 05/04/2004 | Notice/Incoming | Filed Proof of Service. to Opening Brief of Respondent/Cross-Appellant. Attached to inside back cover of original and copies of brief. | | 04-08122
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| 05/04/2004 | Other | Other. Received table of contents to Respondent/Cross-Appellant. Attached to inside front cover of appendix. | | |
| 05/12/2004 | Other | Returned Mail. Receipt for documents dated 04/26/04 addressed to Rosemary Laurent remailed to corrected address. | | |
| 05/28/2004 | Brief | Received Opening Brief. (Brief of Appellant Jack Whitehorn) Cross-Respondent's Reply Brief and Motion to Dismiss Initial Respondent's Appeal. | | 04-09924
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| 06/04/2004 | Motion | Filed Response to Motion. Opposition to Appellants' Motion to Dismiss Respondent's Appeal and Countermotion to Dismiss Appeal. | | 04-10255
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| 08/30/2004 | Order/Procedural | Filed Order. Granting Motion for Extension of Time and Denying Motions to Dismiss. Before us are several motions. Proper person appellant/cross-respondent Jack Whitehorn has moved for a sixty-day extension of time to file his opening brief, to June 27, 2004. Whitehorn has also submitted a motion to dismiss the cross-appeal of respondents/cross-appellants Westpark Associates, LLC and Westpark Owners' Association (collectively 'Westpark') because they did not timely file their opening brief on cross-appeal. Westpark opposed Whitehorn's motion, and has filed a counter-motion to dismiss Whitehorn's appeal because Whitehorn failed to file an opening brief. The submissions of both Whitehorn and Westpark are notable for the extreme invective used by each to describe the other. First, we deny both motions to dismiss. Whitehorn's motion to dismiss the cross-appeal is premised on his argument that Westpark's opening brief was late. Westpark's opening brief was due on April 28, 2004. The brief was mailed on April 29, 2004, and filed on April 30, 2004. Accordingly, it appears that the brief was in fact one day late. We nevertheless conclude that Whitehorn's motion is frivolous, especially in light of the lengthy extension he requested and the fact that he has yet to file his opening brief. We therefore deny Whitehorn's motion to dismiss, and caution him that he will be sanctioned if he submits any future frivolous documents. We also remind Whitehorn that he was granted leave to appear in proper person for the limited purpose of filing an opening brief, which he has yet to file, and not any other documents. Westpark's motion to dismiss the appeal was based on Whitehorn's failure to timely file an opening brief. According to Westpark, Whitehorn was required to file his brief by April 28, 2004, since this court had not yet ruled on his motion for an extension of time. While Westpark is strictly correct, we decline to dismiss the appeal on this basis and so we deny Westpark's motion. Whitehorn moved for an extension of time to June 27, 2004, within which to file an opening brief, citing health reasons as the basis for his request. Inasmuch as Whitehorn did not submit a brief by his requested date, we deny the motion. Whitehorn shall have thirty days from the date of this order within which to file and serve an opening brief. Westpark shall have thirty days from service of the opening brief within which to file and serve an answering brief. No further extensions shall be granted absent extreme and unforeseeable circumstances. As stated in our January 29, 2004 order, no reply brief shall be filed. Finally, we suggest to both Whitehorn and Westpark that in all future submissions they refrain from personal attacks on each other, and limit their arguments to the legal merits of this case. Fn1[On January 29, 2004, Whitehorn was granted permision under NRAP 45(b) to file an opening brief in proper person.] Fn7[Although Whitehorn was not granted leave to file any documents, other than an opening brief, in proper person, see NRAP 46(b), we have nevertheless considered the documents received from him. We direct the clerk to file Whitehorn's motion for an extension of time received on April 26, 2004, his motion to dismiss received on May 28, 2004 (incorrectly denominated as a 'Cross-Respondent's Reply Brief and Motion to Dismiss"), and his opposition to Westpark's motion to dismiss received on June 14, 1004.] | | 04-15670
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| 08/30/2004 | Motion | Filed Proper Person Motion. Motion for Extension to File the Opening Brief. | | 04-07676
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| 08/30/2004 | Other Incoming Document | Filed Proper Person Document. (Brief of Appellant Jack Whitehorn) Cross-Respondent's Reply Brief and Motion to Dismiss Initial Respondent's Appeal. | | 04-09924
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| 08/30/2004 | Motion | Filed Proper Person Response. Opposition to Countermotion to Dismiss Appeal. | | 04-10942
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| 09/29/2004 | Brief | Filed Opening Brief. (Appellant Jack Whitehorn's Opening Brief). | | 04-18034
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| 11/01/2004 | Brief | Filed Answering Brief. Cross-Appellant's (Westpark) Answering Brief to Appellant's Opening Brief. | | 04-20044
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| 11/01/2004 | Case Status Update | Submitted for Decision. | | |
| 12/03/2004 | Order/Dispositional | Filed Order of Affirmance. "We affirm the district court's order in its entirety and deny cross-appellants' request for sanctions." SNP04D-RR/WM/MD | | 04-22046
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| 12/29/2004 | Remittitur | Issued Remittitur. | | 04-22394
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| 12/29/2004 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 01/13/2005 | Other | Returned Mail. Remittitur addressed to Debra K. D' Amato remailed to corrected address. | | |
| 01/28/2005 | Remittitur | Filed Remittitur. Received by County Clerk on January 3, 2005. | | 04-22394
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