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United States Court Cases

Nevada Supreme/Appellate Court Record

NELSON PACIFIC VS. SOUTHWEST BUILDERS C/W 36081

Case Information: 35825
Short Caption:NELSON PACIFIC VS. SOUTHWEST BUILDERS C/W 36081Court:Supreme Court
Consolidated:35825*, 36081 Related Case(s): 36081 , 36458 , 41949
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9503312Classification:Civil Appeal - General - Other
Disqualifications:AgostiCase Status:Remittitur Issued/Case Closed
Replacement:Justice Maupin for Justice AgostiPanel Assigned: Panel
To SP/Judge:03/30/2000 / Worrell, CarolynSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:09/12/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/22/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kevin J. Mirch, Ltd.--check no. 1934.
03/22/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-04537
03/30/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
03/30/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: October 20-22, 1999, October 25-28, 1999, November 1-5, 1999. Court Reporter: Debbie Viera. 00-05141
04/04/2000MotionFiled Motion to Strike. Motion to Strike Appellants' Request for Transcript of Proceedings. (Motion withdrawn on 4/26/00; no action required.) 00-05415
04/14/2000MotionFiled Motion. Request for Transcript of Proceedings Order to Conform with NRAP Rule 9(1). 00-05988
04/14/2000Transcript RequestFiled Request for Transcript of Proceedings. (Amended). Transcripts requested: October 20-22, 1999, October 25-28, 1999, November 1-5, 1999. To Court Reporter: Debbie Vieira. 00-06054
04/17/2000MotionFiled Response to Motion. Response to Motion to Strike Defendants' Request for Transcript of Proceedings; Motion for Leave to File Amended Requested. (Motion to strike withdrawn on 4/26/00; no action required.) 00-06131
04/19/2000Notice/IncomingFiled Proof of Service. Certificate of service to the Motion filed April 14, 2000. Document No. 00-05988. 00-06222
04/20/2000Transcript RequestFiled Request for Transcript of Proceedings. (Second Amended Request). Transcripts requested: October 20-22, 1999, October 25-28, 1999, November 1-5, 1999. To Court Reporter: Debbie Vieira. 00-06344
04/26/2000Notice/IncomingFiled Notice. Withdrawal of Motion to Strike Appellants' Request for Transcript of Proceedings. 00-06761
05/15/2000MotionFiled Motion. Motion to Strike Appearance of Kevin Mirch as Counsel for Star Insurance Company, and to Disqualify Mr. Mirch from Acting as Counsel for Star Insurance Company. 00-08103
05/19/2000MotionFiled Motion to Consolidate. Appellant's Motion to Consolidate Appeals. (Nos. 35825 and 36081). 00-08422
05/24/2000MotionFiled Motion to Extend Time. Motion for Extension of Time to Respond to Motion to Strike Appearance of Kevin Mirch as Counsel and to Disqualify Mr. Mirch from Acting as Counsel for Star Insurance Company (First Request). 00-08668
06/07/2000MotionFiled Motion to Extend Time. Motion for Extension of Time to Respond to Motion to Strike Appearance of Kevin Mirch as Counsel and to Disqualify Mr. Mirch from Acting as Counsel for Star Insurance Company (Second Request). 00-09621
06/21/2000MotionFiled Response to Motion. Response to Motion to Strike Appearance of Kevin Mirch as Counsel and to Disqualify Mr. Mirch from acting as counsel for Star Insurance Company. 00-10645
07/26/2000TranscriptFiled Transcript. Proceedings: 10/20/99, 10/21/99, 11/4/99, 11/5/99. Court Reporter: Debbie Vieira. 00-12984
08/29/2000Order/ProceduralFiled Order/Consolidation. We grant appellants' unopposed motion to consolidate these appeals, and we hereby consolidate the above-entitled matters for all appellate purposes. On May 15, 2000, appellant Star Insurance Company filed a motion to strike the appearance of Kevin Mirch as counsel for Star and to disqualify Mirch from acting as counsel for Star in Docket No. 35825 based on a conflict of interest. On June 21, 2000, attorney Mirch filed a response. fn1[We deny as moot Mirch's May 24, 2000 and June 7, 2000 motions for an extension of time to file a response.] We elect to treat Mirch's response as a motion to withdraw as counsel, and we grant the motion. We deny as moot Star's motion to strike the appearance of Mirch. fn2[The clerk shall remove Mirch as counsel for Star on this court's docket in both Docket No. 35825 and Docket No. 36081.] On July 26, 2000, Mark J. Lenz of the law firm of Bible, Hoy & Trachok filed a notice of appearance as counsel for Star in Docket No. 36081. Star's motion to strike Mirch as counsel in Docket No. 35825 was filed on behalf of Star by attorneys Robert Eisenberg of the law firm of Lemons, Grundy & Eisenberg, and William Patterson Cashill. It is not clear to this court who is representing Star in Docket No. 35825. Star shall have 10 days from the date of this order to cause a notice of appearance to be filed in Docket No. 35825. Nos. 35825, 36081. 00-15154
09/11/2000Notice/IncomingFiled Notice of Appearance. Representing appellant Star Insurance Company in these consolidated appeals: Robert L. Eisenberg of Lemons, Grundy & Eisenberg; Richard Trachok and Mark Lenz of Bible, Hoy & Trachok; and Wm. Patterson Cashill of the Cashill Law Firm. Nos. 35825/36081 00-15940
09/13/2000Notice/Outgoing Letter. Carolyn Worrell. (Nos. 35825 and 36081).
09/25/2000Notice/IncomingFiled Substitution of Attorneys. Respondent L & L Plumbing substitutes Jack D. Campbell & Associates in place and stead of Kathleen A. Lynch. Nos. 35825/36081. 00-16867
10/30/2000Notice/IncomingFiled Affidavit. Court Reporter Affidavit of Nonpayment. Nos. 35825/36081 00-19015
11/13/2000MotionFiled Stipulation. Stipulation to Dismiss Star Insurance Company. Nos. 35825/36081 00-19852
11/29/2000Order/ProceduralFiled Order. Order Partially Dismissing Appeals. Pursuant to the stipulation of the parties, " . . . the above appeals are dismissed as to appellant Star Insurance Company only." The clerk of this court shall remove Star Insurance Company as an appellant from the captions on this court's docket. Nos. 35825, 36081. 00-20879
02/28/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 35825 and 36081. (01-03694) 01-03694
02/28/2001Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days. Nos. 35825 and 36081.
03/16/2001Docketing StatementFiled Docketing Statement. Nos. 35825/36081. 01-04736
03/23/2001Notice/IncomingFiled Notice. Notice of Correction to Docketing Statement. Nos. 35825/36081 01-05144
04/04/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of these consolidated matters. We deny court reporter Vieira's April 14, 2000 request. We further deny as moot appellants' Apirl 17, 2000 motion for leave to file an amended transcript form, as the amended transcript request was filed on April 20, 2000. On October 30, 2000, court reporter Vieira filed an affidavit informing this court that she has completed preparation of the remaining requested transcripts; however, appellants have not paid the oustanding balance due in the amount of $4,000. We direct appellants to pay the outstanding balance due to court reporter Vieira and file an affidavit or certificate of proof of such payment with the clerk of this court within 15 days from the date of this court. Vieira shall have 30 days from the receipt of payment to prepare and file the remaining requested transcripts. Failure to comply timely with this order may result in the imposition of sanctions against appellants' counsel. Appellant: 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 35825/36081. (01-05790) 01-05790
04/19/2001Notice/IncomingFiled Notice. Certificate of Proof of Compliance and Payment of Funds to Vieira Court Reporting. $4,000.00 from Delta Industries-Check No. 34004 dated April 13, 2001. Nos. 35825/36081. (01-06688) 01-06688
05/17/2001TranscriptFiled Transcript. Proceedings: 10/15/99; 10/22/99; 10/25/99; 10/26/99; 10/27/99; 10/28/99; 10/29/99; 11/02/99; and 11/03/99. Court Reporter: Debbie Vieira. Nos. 35825/36081. 01-08283
06/20/2001Notice/IncomingFiled Substitution of Attorneys. Appellant's substitute Roderic A. Carucci and the law firm of Carucci, Thomas and York in the place and stead of Kevin Mirch and the law firm of Mirch and Mirch. Nos. 35825/36081 (01-10481).
06/29/2001MotionFiled Motion to Extend Time. Nos. 35825/36081 01-11073
07/11/2001MotionFiled Response to Motion. Opposition to Motion for Extension of Time of 120 Days. Nos. 35825/36081 01-11771
07/17/2001Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), Reply to Motion for Extension of Time to File Opening Brief. Nos. 35825/36081.
07/20/2001MotionFiled Motion for Permission to File Document. Nos. 35825/36081. 01-12406
08/03/2001Notice/IncomingFiled Errata. (Opposition to Motion for Extension of Time of 120 days). Nos. 35825/36081. 01-13188
09/10/2001MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeal for Lack of Prosecution. Nos. 35825/36081. (01-15225) 01-15225
09/18/2001MotionFiled Response to Motion. Opposition to Motion to Dismiss Appeal for Lack of Prosecution. Nos. 35825/36081. 01-15747
12/27/2001Order/ProceduralFiled Order. Order Resolving Motions. On June 29, 2001, appellants filed a motion requesting a 120-day extension of time to file the opening brief. On July 11, 2001, respondents filed an opposition to the motion. We grant appellant's motion. fn2[We deny appellant's motion for leave to file a reply. The clerk of this court shall return, unfiled, the reply received on July 20, 2001.] The clerk shall file the opening brief and appendix received on November 14, 2001. Respondents shall file and serve their answering briefs within 30 days of the date of this order. We deny respondents' September 10, 2001, motion to dismiss these consolidated appeals. Nos. 35825/36081 01-21741
12/27/2001Other Returned Unfiled Document. Returned, unfiled, reply to response received on 7/20/01, per order filed 12/27/01. Nos. 38525/36081.
12/27/2001BriefFiled Opening Brief. (per order filed 12/27/01). Nos. 35825/36081 01-18988
12/27/2001AppendixFiled Appendix to Opening Brief. (per order filed 12/27/01). Nos. 35825/36081 01-18989
01/16/2002MotionFiled Motion to Extend Time. Nos. 35825/36081. 02-01111
01/18/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed January 16, 2002. Respondents shall file and serve the answering brief by March 29, 2002. Nos. 35825/36081 02-01263
03/28/2002MotionFiled Motion to Extend Time. Nos. 35825/36081 02-05561
04/04/2002MotionFiled Motion for Excess Pages. Motion for Leave to File Answering Brief in Excess of Thirty Pages. Nos. 35825/36081. 02-06036
04/04/2002AppendixReceived Appendix. Nos. 35825/36081 02-06039
04/08/2002Order/ProceduralFiled Order. The clerk of this court shall file respondents' 44-page answering brief and appendix received on April 4, 2002. Nos. 35825/36081. (02-06184) 02-06184
04/08/2002BriefFiled Answering Brief. Mailed on: Hand delivered 04/04/02. Signed by: Robert E. Lyle and Jack D. Campbell. Nos. 35825/36081. 02-06038
04/08/2002AppendixFiled Appendix to Answering Brief. Nos. 35825/36081. 02-06039
04/23/2002BriefFiled Reply Brief. Mailed on: Hand delivered 04/23/02. Signed by: Roderic A. Carucci. Nos. 35825/36081. 02-07209
05/20/2002MotionFiled Motion to Strike. Motion to Strike Portion of Appellant's Reply Brief. Nos. 35825/36081. (02-08869) 02-08869
05/24/2002MotionFiled Response to Motion. Opposition to Respondent's Motion to Strike Portion of Appellant's Reply Brief. Nos. 35825/36081. 02-09214
06/03/2002Notice/IncomingFiled Notice of Change of Address. Address change for Jack D. Campbell. Nos. 35825/36081. 02-09626
07/11/2002Order/ProceduralFiled Order Denying Motion. On May 20, 2002, respondent Southwest Builders & Delvelopment, Inc., filed a motion to strike Argument IV of appellants' reply brief. On May 24, 2002, appellants filed an opposition to Southwest's motion. We deny Southwest's motion to strike. Nos. 35825/36081. 02-11812
09/12/2002Order/ProceduralFiled Order/Submit on Briefs. 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. 35825/36081. 02-15856
09/12/2002Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP03Y-RR/CY/WM. Nos. 35825/36081.
11/05/2002OtherDisqualification of Justice Agosti.
12/11/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP03Y-CY/WM/RR. Nos. 35825/36081. 02-21154
01/07/2003RemittiturIssued Remittitur. 03-00018
01/07/2003Case Status Update Remittitur Issued/Case Closed.
01/24/2003RemittiturFiled Remittitur. Received by County Clerk on January 13, 2003. 03-00018