| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 03/12/2002 | Other | Disqualification of Justice Maupin. Law firm of Thorndal Armstrong Delk Balkenbush & Eisinger. | | |
| 03/12/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Thorndal Armstrong Delk Balkenbush & Eisinger--check no. 13933. | | |
| 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.) | | 02-04472
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| 03/14/2002 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Thomas W. Gruesen, Sr. (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 Humboldt County Clerk--check no. 7478. | | |
| 03/21/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 02-05053
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| 03/21/2002 | Notice/Outgoing | Issued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired. | | |
| 03/22/2002 | Motion | Filed Motion to Dismiss Appeal. from Appellants/Cross-Respondents Darrell Henderson and Elizabeth Henderson. | | 02-05173
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| 03/27/2002 | Notice/Outgoing | Letter. Thomas W. Gruesen, Sr. (Notice of Cross-Appeal) | | |
| 03/28/2002 | Docketing Statement | Filed Docketing Statement. Rspondent/Cross-Appellant. | | 02-05484
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| 03/28/2002 | Notice/Outgoing | Letter. Thomas W. Gruesen, Sr. (Docketing statement) | | |
| 03/29/2002 | Motion | Filed Response to Motion. Appellant's Memorandum of Points and Authorities in Opposition to Respondent's Motion to Dismiss. | | 02-05672
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| 04/01/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. This is the identical notice of cross-appeal filed on 3/21/02, except that the packet contains all orders and judgments filed in this case. | | 02-05687
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| 04/04/2002 | Notice/Outgoing | Letter. Thomas W. Gruesen, Sr. (Notice of Cross-Appeal) | | |
| 04/05/2002 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 02-06063
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| 04/08/2002 | Motion | Filed Motion for Permission to File Document. Appellant's Request to File a Reply to Respondent's Opposition to Motion to Dismiss. | | 02-06194
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| 04/12/2002 | Notice/Outgoing | Letter. Thomas W. Gruesen, Sr. (Docketing statement for appellant/cross-respondent) | | |
| 04/22/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: April 29, 2002. | | 02-07135
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| 06/28/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 02-11158
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| 07/22/2002 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. Consolidating Appeals and Reinstating Briefing. We consolidate the above-entitled matters for all appellate purposes. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellants/cross-respondents and respondent/cross-appellant shall each have 15 days from the date of this order to comply with NRAP 9(a). Appellants/cross-respondents: 120 days to file and serve a single opening brief and appendix. Respondent/cross-appellant shall have 30 days thereafter to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants/cross-respondents shall have 30 days thereafter to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondent/cross-appellant shall have 30 days thereafter to file and serve a reply brief on cross-appeal. fn1[We defer ruling on appellants' March 22, 2002 and April 8, 2002 motions, pending further order of this court.] Nos. 39334/39581. (02-12490) | | 02-12490
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| 08/06/2002 | Motion | Filed Motion. Motion for Change in Designation of Parties and Motion for Stay Pending and Order on Motion to Dismiss Appeal. Nos. 39334/39581. (02-13430) | | 02-13430
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| 08/13/2002 | Transcript Request | Filed Request for Transcript of Proceedings. (Granite Construction) Transcripts requested: January 14, 2002 through January 17, 2002. To Court Reporter: Zoie Williams. Nos. 39334/39581 [02-13875] | | 02-13875
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| 09/24/2002 | Transcript | Filed Transcript. Proceedings: January 14, 2002 (Motions); January 14-17, 2002 (Jury Trial) Vols. 1 through 4. Court Reporter: Zoie Williams. Nos. 39334/39581. | | 02-16537
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| 01/07/2003 | Motion | Filed Motion. Supplement to Motion for Change in Designation of Parties and Motion for Stay Pending an Order of Motion to Dismiss Appeal. Nos. 39334/39581. | | 03-00323
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| 02/06/2003 | Order/Procedural | Filed Order. Order Resolving Motions and Order to Show Cause. These are consolidated appeals and cross-appeals from a judgment on a jury verdict and an order granting attorney fees. For the reasons set forth below, we grant Darrell and Elizabeth Henderson's (the Hendersons) motion to re-designate the parties, we deny the Hendersons' motion to dismiss Granite Construction Company's (Granite) appeal in Docket No. 39334, and we direct the parties to show cause why these appeals and cross-appeals should not be dismissed for lack of jurisdiction. Having reviewed the documents submitted to this court, it appears that re-designating the parties may assist the briefing of these appeals. The clerk of this court shall re-designate the parties in these consolidated appeals to indicate that Granite is the appellant/cross-respondent and the Hendersons are respondents/cross-appellants in both Docket No. 39334 and Docket No. 39581. The Hendersons have filed a motion to dismiss Granite's appeal in Docket No. 39334. After Granite filed an opposition to this motion, the Hendersons filed a motion to file a reply to Granite's opposition. We grant the Hendersons' unopposed motion to file a reply. The clerk of this court shall file the reply received on April 8, 2002. Although voluntarily accepting the payment of a judgment constitutes an acceptance of the fruits of a judgment, voluntarily paying a judgment does not. Because it appears that Granite did not accept any fruits of the judgment in this case, we deny the Hendersons' motion to dismiss on this ground. Second, the Hendersons assert that Granite's appeal should be dismissed because the notice of appeal was not timely filed. Because Granite's notice of appeal was filed within 30 days of the date that written notice of the judgment's entry was served, we conclude that Granite's appeal was timely filed. Accordingly, we also deny the Hendersons' motion to dismiss on this basis. The parties shall have 30 days from the date of this order to show cause why these appeals and cross-appeals should not be dismissed for lack of jurisdiction. The briefing of these appeals and cross-appeals shall be suspended pending further order of this court. fn11[The Hendersons' January 7, 2003, motion for a stay of this appeal pending resolution of their motion to dismiss Granite's appeal is denied as moot.] Nos. 39334/39581. (03-02097) | | 03-02097
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| 02/06/2003 | Motion | Filed Reply to Response. Reply in Support of Motion to Dismiss Appeal. | | 02-06196
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| 03/06/2003 | Motion | Filed Response to Order to Show Cause. (Appellant/Cross-Respondent) Nos. 39334/39581. (03-03825) | | 03-03825
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| 03/10/2003 | Motion | Filed Response to Order to Show Cause. Respondent's Response to Order to Show Cause. Nos. 39334/39581 | | 03-04003
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| 03/24/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. (Granite Construction) Nos. 39334/39581 | | 03-04967
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| 03/26/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. (Henderson) Nos. 39334/39581 | | 03-05109
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| 03/31/2003 | Order/Procedural | Filed Order/Show Cause. It appears that to date neither Darrell Henderson nor Elizabeth Henderson have filed an amended notice of appeal in either Docket No. 39334 or Docket No. 39581. The Hendersons shall have 15 days from the date of this order to show cause why their cross-appeals should not be dismissed for lack of jurisdiction. We note that the Hendersons may cure the jurisdictional defect by filing an amended notice of appeal in the district court within the time set forth in NRAP 4(a)(1). Briefing of these appeals and cross-appeals shall remain suspended pending further order of this court. Fn2 [We defer addressing the parties' other responses to our February 6, 2003, "Order to Show Cause", pending further order of this court. Nos. 39337/39581. | | 03-05294
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| 04/03/2003 | Letter/Incoming | Filed Letter. from the Law Firm of Robertson and Benevento dated April 3, 2003 in response to Order filed on March 31, 2003. Nos. 39334/39581. (03-05631) | | 03-05631
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| 06/25/2003 | Order/Procedural | Filed Order. Partially Dismissing Cross-Appeals and Allowing Remaining Appeals and Cross-Appeal to Proceed. These are consolidated appeals and cross-appeals from a judgment on a jury verdict and an order granting attorney fees. We conclude that the Hendersons have waived their right to appeal the judgment on jury verdict by voluntarily accepting payment of the judgment. Accordingly, we dismiss the Hendersons' cross-appeal in Docket No. 39334. However, because the Hendersons have not accepted payment on the order awarding attorney fees, we conclude that the Hendersons have not waived their right to appeal in Docket No. 39581. fn1[The answering brief in Docket No. 39334 will be filed by Mr. Henderson only because, as explained below, Ms. Henderson is not a respondent to either of Granite's appeals.] Because the jurisdictional defect has been cured as to both of Granite's appeals and as to Darrell Henderson's cross-appeal in Docket No. 39581, these appeals and cross-appeal shall proceed. However, because Elizabeth Henderson did not file a timely amended notice of appeal, we dismiss Ms. Henderson's cross-appeal in Docket No. 39581. Finally, because Granite stipulated to the dismissal of Ms. Henderson in the district court, and because Granite's docketing statements do not identify Ms. Henderson as a respondent to its appeals the clerk of this court shall remove Ms. Henderson as a respondent in both Docket No. 39334 and Docket No. 39581. Granite shall have 90 days from the date of this order to file a combined opening brief and appendix that addresses all issues in these consolidated appeals. Darrell Henderson shall have 30 days from service of Granite's brief to file a combined answering brief to Granite's appeals and opening brief on cross-appeal in Docket No. 39581. If necessary, Mr. Henderson shall also file and serve an appendix in support of his combined brief. Granite shall have 30 days from service of Mr. Henderson's combined brief to file a combined reply brief in its appeals and answering brief on cross-appeal in Docket No. 39581. Finally, Mr. Henderson shall have 30 days from service of Granite's combined brief to file a reply brief on cross-appeal in Docket No. 39581, if deemed necessary. Nos. 39334/39581. | | 03-10616
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| 09/10/2003 | Motion | Filed Stipulation and Order. Brief due: October 7, 2003. Nos. 39334/39581. | | 03-15202
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| 10/07/2003 | Brief | Filed Opening Brief. Nos. 39334/39581. (Appellant/Cross-Respondent in 39581.) | | 03-16709
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| 10/07/2003 | Appendix | Filed Appendix to Opening Brief. Nos. 39334/39581. (Appellant/Cross-Respondent in 39581.) | | 03-16711
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| 10/09/2003 | Other | Other. Received Index to Appellant's Appendix. Attached to inside front cover of Appendix. Nos. 39334/39581. | | |
| 10/30/2003 | Motion | Filed Stipulation. Stipulation regarding Extension of Time within which to File Respondent's Answering Brief and Opening Brief on Cross-Appeal. Nos. 39334/39581. | | 03-18180
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| 11/05/2003 | Order/Clerk's | Filed Clerk's Order Granting Motion. The stipulation filed on October 30, 2003, is treated as a joint motion for an extension of time. The motion is granted. Darrell Henderson shall have until December 12, 2003, to file and serve his combined brief. Nos. 39334/39581. (03-18483) | | 03-18483
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| 12/12/2003 | Brief | Filed Answering Brief. (Respondent/Cross-Appellant in 39581.) Nos. 39334/39581. | | 03-20754
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| 12/12/2003 | Appendix | Filed Appendix to Answering Brief. (Respondent/Cross-Appellant in 39581.) Nos. 39334/39581. | | 03-20756
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| 12/22/2003 | Motion | Filed Stipulation and Order. Brief due: February 15, 2004. Nos. 39334/39581. | | 03-21268
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| 02/17/2004 | Brief | Filed Reply Brief. Appellant's Reply Brief and Answering Brief on Cross-Appeal. Nos. 39334/39581. | | 04-03011
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| 03/15/2004 | Motion | Filed Stipulation and Order. Brief due: April 16, 2004. Nos. 39334/39581 | | 04-04786
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| 04/16/2004 | Brief | Filed Reply Brief on Cross-Appeal. Nos. 39334/39581. | | 04-07040
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| 01/19/2005 | Order/Procedural | Filed Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and these appeals shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). Nos. 39334/39581. (05-01210) | | 05-01210
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| 01/19/2005 | Case Status Update | Submitted for Decision. To the Northern Nevada Panel. NNP05-NB/MD/RP. Nos. 39334/39581. | | |
| 08/16/2005 | Order/Dispositional | Filed Dispositional Order/Appeal. Order of Reversal. "ORDER the judgment of the district court REVERSED." fn7[Given our conclusion that Granite owed no duty of care, Henderson's cross-appeal is moot.] Nos. 39334/39581. | | 05-16206
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| 09/13/2005 | Remittitur | Issued Remittitur. | | 05-16414
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| 09/13/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 09/21/2005 | Remittitur | Filed Remittitur. Received by County Clerk on September 14, 2005. | | 05-16414
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