| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 10/31/2002 | Other | Disqualification of Justice Maupin. Law firm of Kravitz Schnitzer & Sloane, Chtd.. | | |
| 10/31/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Lyles & Associates--check no. 29036. | | |
| 10/31/2002 | 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.) | | 02-18760
|
| 11/08/2002 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 11/12/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Kravitz Schnitzer & Sloane, Chtd.--check no. 052156. | | |
| 11/12/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 02-19404
|
| 11/12/2002 | Notice/Outgoing | Issued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired. | | |
| 11/15/2002 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant Docketing Statement. | | 02-19693
|
| 11/18/2002 | Notice/Outgoing | Letter. Lansford W. Levitt. (Docketing statement of Respondent/Cross-Appellant) | | |
| 11/19/2002 | Notice/Outgoing | Letter. Lansford W. Levitt. (Notice of Cross-Appeal) | | |
| 11/22/2002 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 02-20180
|
| 11/25/2002 | Notice/Outgoing | Letter. Lansford W. Levitt. (Docketing statement of Appellant/Cross-Respondent) | | |
| 01/22/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 03-01181
|
| 02/12/2003 | Order/Procedural | Filed Order/Show Cause. Response due from appellants and cross-appellant: 30 days from the date of this order. The parties were unable to agree to a settlement of this appeal and cross-appeal. The briefing of this appeal and cross-appeal shall remain suspended pending further order of this court. | | 03-02440
|
| 03/13/2003 | Motion | Filed Response to Order to Show Cause. (Respondent-Cross/Appellant). | | 03-04228
|
| 03/13/2003 | Motion | Filed Response to Order to Show Cause. Appellant's/Cross-Respondents' Response to Order to Show Cause. | | 03-04297
|
| 03/20/2003 | Order/Procedural | Filed Order/Show Cause. In response to our order of February 12, 2003, the parties obtained an order dismissing Aleff Industries from the action below. Additionally, appellants/cross-respondents (appellants) timely filed an amended notice appeal. Accordingly, as the jurisdictional defect has been cured as to appellants, we conclude this court has jurisdiction to consider appellants' appeal. It does not appear that respondent/ cross-appellant (respondent) has filed an amended notice of appeal. In order to vest jurisdiction in this court, respondent must file a timely amended notice of appeal. fn1[See NRAP 4(a)(4) (no additional fees shall be required if any party files an amended notice of appeal in order to comply with the provisions of this rule).]Respondent shall have 20 days from the date of this order to show cause why its appeal should not be dismissed for lack of jurisdiction. We note that respondent may cure the jurisdictional defect by timely filing an amended notice of appeal. Briefing of this appeal and cross-appeal shall remain suspended pending further order of this court. | | 03-04807
|
| 03/21/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Appellants/Cross-Respondents Planet China and Regent. | | 03-04913
|
| 03/31/2003 | Filing Fee | Returned Filing Fee. Check No. 101595 returned to Bremer & Whyte, LLP. (No fee due for amended notice of appeal.) | | |
| 03/31/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Respondent/Cross-Appellant Mark Refrigeration, Inc. | | 03-05357
|
| 04/10/2003 | Letter/Incoming | Filed Letter. from attorney Peter C. Brown enclosing copies of notice of appeal documents filed in district court on 3/25/03. (No action required.) | | 03-06093
|
| 07/08/2003 | Order/Procedural | Filed Order. Order Allowing Appeal to Proceed and Setting Briefing Schedule. Appellants/cross-respondents (appellants) and respondent/ cross-appellant (respondent) shall each have 15 days from the date of this order to comply with NRAP 9(a). In the event either party does not intend to rely on any transcripts in this appeal or cross-appeal, that party shall file and serve a certificate indicating that no transcripts are requested. If either party intends to cite in the opening brief to transcripts that were filed in the district court prior to the docketing of this appeal and cross-appeal, copies of these transcripts shall be included in the appendix and a certificate indicating that no new transcripts are requested shall be filed and served. If, however, either party intends to cite to transcripts that were not filed in the district court prior to the docketing of this appeal and cross-appeal, a transcript request form identifying the necessary transcripts shall be filed and served. Appellants shall have 120 days from the date of this order to file and serve the opening brief and appendix on appeal. Respondent shall have 30 days from service of appellants' opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants shall have 30 days from service of respondent's combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Finally, respondent shall have 30 days from service of cross-appellants' combined brief to file and serve a reply brief on cross-appeal. In preparing and assembling the appendix, counsel shall strictly comply with the provisions of NRAP 30. | | 03-11440
|
| 07/23/2003 | Transcript Request | Filed Certificate of No Transcript Request. Certificate of Counsel pursuant to Supreme Court's July 8, 2003 Order. | | 03-12474
|
| 07/28/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 07/23/02, 07/31/02. To Court Reporter: Court Clerk. | | 03-12678
|
| 09/23/2003 | Order/Procedural | Filed Order. to file Amended Transcript Request form. We admonish counsel for the appellants for their failure to properly request transcripts. Appellants shall have 10 days from the date of this order to file an amended transcript request form. | | 03-15867
|
| 10/01/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: July 23, 2002 and July 31, 2002. To Court Reporter: Cat Nelson/Cline Transcription Services. | | 03-16331
|
| 11/07/2003 | Brief | Filed Opening Brief. Appellants/Cross-Respondents' Opening Brief. | | 03-18701
|
| 11/07/2003 | Appendix | Filed Appendix to Opening Brief. Appellants/Cross-Respondents' Appendix. Vols. 1 through 7. | | 03-18703
|
| 11/25/2003 | Order/Procedural | Filed Order. regarding Transcripts and to file Supplemental Appendix. On October 1, 2003, appellants/cross-respondents (appellants) filed an amended transcript request form requesting court recorder Cat Nelson and Cline Transcription Services to produce the trial transcripts. We note that the transcript request form requests the production of transcripts that were filed in the district court prior to the docketing of this appeal and therefore the request for these transcripts was improper. Accordingly, we conclude that Ms. Nelson and Cline Transcription Services are not obligated to file the requested transcripts. Appellants' opening brief cites to the trial transcripts. We note, however, that appellant has failed to include copies of those transcripts in the appendix to the opening brief. Appellant shall have 15 days from the date of this order to file a supplemental appendix that includes certified copies of the trial transcripts. We caution appellants' counsel that future failure to comply with the rules may result in the imposition of sanctions. | | 03-19650
|
| 12/05/2003 | Motion | Filed Motion and Order/Excess Pages. Granted: 42 pages. | | 03-20270
|
| 12/05/2003 | Brief | Filed Answering Brief. Cross-Appellant's Opening Brief and Respondent's Brief. | | 03-20271
|
| 12/05/2003 | Appendix | Filed Appendix to Answering Brief. Cross-Appellant's Appendix, Vols. 1 through 6. | | 03-20272
|
| 12/05/2003 | Notice/Incoming | Filed Proof of Service. --Receipt of Copy of Appellants/Cross-Respondents' Supplemental Appendix. | | 03-20297
|
| 12/05/2003 | Appendix | Filed Appendix. Appellants/Cross-Respondents' Supplemental Appendix, Volumes 1 through 8. (Contains transcripts of 7/23/02, 7/24/02, 7/25/02, 7/26/02, 7/29/02, 7/30/02 and 7/31/02. | | 03-20302
|
| 12/08/2003 | Notice/Incoming | Filed Proof of Service. Cross-Appellant's Motion for Leave to File Oversize Brief; Cross-Appellant's Opening Brief and Respondent's Brief; and Cross-Appellant's Appendix, Vols. I - VI. | | 03-20398
|
| 01/05/2004 | Motion | Filed Stipulation and Order. Brief due: February 2, 2004. | | 04-00211
|
| 02/04/2004 | Motion | Filed Motion to Extend Time. | | 04-02263
|
| 02/06/2004 | Motion | Filed Response to Motion. Respondent/Cross-Appellant's Opposition to Appellant/Cross-Respondent's Motion to Extend Time to file Reply Brief in Docket Number 40424 and Respondent/Cross-Appellant's Counter-Motion to Strike Appellant/Cross-Respondent's Reply Brief, If Any. | | 04-02351
|
| 02/06/2004 | Motion | Filed Stipulation. Appellant/Cross-Respondents and Cross Appellant/Respondent's Stipulation Regarding the Contents of Exhbit 38. | | 04-02358
|
| 02/13/2004 | Order/Procedural | Filed Order. Granting Motion and Disapproving Stipulation. Appellants/cross-respondents ('appellants') have moved for an extension of time to file the combined reply brief on appeal and answering brief on cross-appeal. Respondent/cross-appellant ('respondent') opposes the motion. fn1[Because appellants have not yet submitted the combined brief, we deny respondent's counter-motion to strike.] Cause appearing, we grant the motion. Appellants shall have until February 17, 2004, to file and serve the combined brief. We remind appellants that counsel's caseload does not constitute good cause for granting an extension. No further extensions shall be granted absent extreme and unforeseeable circumstances. The parties have also filed a 'Stipulation Regarding the Contents of Exhibit 38. The parties now stipulate that respondent will 'withdraw Page 19, lines 7-11' of its combined brief and 'supplement its Appendix to incorporate the documents subject to this Stipulation.' Likewise, appellants stipulate to 'amend [their] Appendix by removing PC0294, PC0295 and PC0296 . . . and included [sic] the redacted version of PC0240.' We disapprove the parties' stipulation. This disapproval is without prejudice to the parties' right to re-file a stipulation that clearly identifies the parties' intentions. Further, any such stipulation shall clearly identify the portions of appellants' appendix, by page number, that are to be amended and shall clearly state the reasons for why supplementing respondent's appendix is necessary. | | 04-02831
|
| 02/13/2004 | Brief | Filed Reply Brief. Appellant/Cross-Respondent. | | 04-02852
|
| 02/13/2004 | Appendix | Filed Appendix to Reply Brief. Appellant/Cross-Respondent. | | 04-02853
|
| 02/17/2004 | Motion | Filed Response to Motion. Reply and Opposition to Motion to Extend Time to File Reply Brief and Motion to Strike Defendant/Cross-Appellant/Respondent's Reply Brief. | | 04-02956
|
| 02/17/2004 | Other | Other. Filed Errata to Reply and Opposition to Motion to Extend Time to File Reply Brief and Motion to Strike Defendant/Cross-Appellant/Respondent's Reply Brief. | | 04-02957
|
| 02/24/2004 | Order/Procedural | Filed Order. On February 13, 2004, this court entered an order that granted appellants' motion for an extension of time to file the combined reply brief on appeal and answering brief on cross-appeal. That same order also denied respondent's counter-motion to strike appellants' combined brief. On February 17, 2004, appellants filed a reply and opposition to respondent's opposition and counter-motion to strike. fn1[Appellants also filed an errata to this document that same day.] It was improper for appellants to have filed a reply to respondent's opposition without first seeking leave to do so from this court. Accordingly, this court will take no action on appellants' reply. Further, because our February 13, 2004, order denied respondent's counter-motion to strike, this court will take no action on appellants' opposition to the counter-motion to strike. | | 04-03504
|
| 03/12/2004 | Motion | Filed Motion. Request for Judicial Notice. | | 04-04685
|
| 03/12/2004 | Brief | Filed Reply Brief on Cross-Appeal. | | 04-04700
|
| 04/14/2004 | Order/Procedural | Filed Order Denying Motion. Respondent/cross-appellant ('respondent') has moved this court to take judicial notice of 'a lawsuit filed in Federal Court by GULF INSURANCE.' We note that respondent has not provided this court with any basis for taking judicial notice of the federal lawsuit. Accordingly, we deny respondent's motion. | | 04-06877
|
| 04/19/2004 | Other | Disqualification of Justice Douglas. Sat in district court proceedings. | | |
| 04/22/2004 | Notice/Incoming | Filed Notice of Change of Address. Lyles & Associates. | | 04-07455
|
| 11/17/2004 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 11, 2005, at 10:30 a.m. (SNP05-RR/MG/JH) | | |
| 12/23/2004 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 01/10/2005 | Motion | Filed Motion. Cross-appellant's Motion for Leave to Reschedule Oral Argument. (Filed via fax.) | | 05-00454
|
| 01/10/2005 | Notice/Incoming | Filed Proof of Service. (via fax) on opposing counsel. | | 05-00466
|
| 01/10/2005 | Motion | Filed Response to Motion. Opposition to Cross-Appellant's Motion for Leave to Reschedule Oral Argument. (filed via FAX) | | 05-00470
|
| 01/10/2005 | Order/Procedural | Filed Order Denying Motion. filed January 10, 2004. This appeal is currently scheduled for oral argument before the Southern Nevada Panel on January 11, 2005, at 10:30 a.m. in Las Vegas. On January 10, 2005, counsel for respondent/cross-appellant ('respondent'), attorney Peter C. Brown of the law firm of Bremer, Whyte, Brown & O'Meara LLP, filed a 'Motion for Leave to Reschedule Oral Argument. Appellants/cross-respondents ('appellants') have filed an opposition to the motion. No good cause appearing, we deny the motion. This appeal shall remain scheduled for oral argument on January 11, 2005, at 10:30 a.m. in Las Vegas. | | 05-00492
|
| 01/11/2005 | Case Status Update | Submitted for Decision. Before the Southern Nevada Panel. SNP05-RR/MG/JH | | |
| 01/18/2005 | Motion | Filed Motion. Cross-appellant's Motion for Leave to Reschedule Oral Argument. (ORIGINAL--filed via fax on 1/10/05.) | | 05-00454
|
| 03/18/2005 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Vacating Judgment and Reversing and Remanding. " . . . we conclude that the district court abused its discretion and a new trial is warranted. Accordingly, we REVERSE the order denying a new trial, VACATE the judgment, and REMAND this matter to the district court for proceedings consistent with this order." SNP05-RR/MG/JH. | | 05-05344
|
| 04/12/2005 | Remittitur | Issued Remittitur. | | 05-05367
|
| 04/12/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 04/18/2005 | Remittitur | Filed Remittitur. Received by County Clerk on April 14, 2005. | | 05-05367
|