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United States Court Cases

Nevada Supreme/Appellate Court Record

PEZZUTI VS. BAILEY'S SWEEPER SERVICE C/W 35915

Case Information: 35997
Short Caption:PEZZUTI VS. BAILEY'S SWEEPER SERVICE C/W 35915Court:Supreme Court
Consolidated: 35915 *, 35997Related Case(s): 35915
Lower Court Case(s):Clark Co. - Eighth Judicial District - A356330Classification:Civil Appeal - General - Other
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/09/2000 / Cohen, LarrySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:04/30/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/21/2000OtherDisqualification of Justice Maupin. Law firm of Thorndal Armstrong Delk Balkenbush & Eisinger.
04/21/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kirk T. Kennedy--check no. 5939.
04/21/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-06475
04/27/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William C. Turner. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
06/09/2000Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Larry J. Cohen.
10/05/2000Settlement Program ReportFiled Interim Settlement Program Report. Status Report - The Settlement Judge intends to confer individually with the parties during the nex thirty days to determine is any useful purpose would be served in reconvening the settlement conference. If not, then the Settlement Judge will return this matter to the Court for further formal proceedings. (Nos. 35915 and 35997).
10/20/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. (Nos. 35915 and 35997).
10/20/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
11/01/2000Order/ProceduralFiled Order/Briefing Schedule. We hereby consolidate the above-entitled matters for all appellate purposes. The parties were unable to agree to a settlement of these matters. Upon the filing of the docketing statements, this court shall conduct a preliminary jurisdictional review of these appeals. Each appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 35915, 35997. Document no. 00-19194.
11/02/2000Docketing StatementFiled Docketing Statement. Appellant Meridian Point Properties in Case No. 35915. Nos. 35915 & 35997. (00-19265)
11/08/2000Docketing StatementFiled Docketing Statement. Docketing Statement in Case No. 35997. (Nos. 35915 and 35997). 00-19651
11/15/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 2/1/00 - 2/4/00 and 3/6/00. To Court Reporter: Janice Liston (nos. 35915/35997).
11/15/2000Notice/IncomingFiled Substitution of Attorneys. Appellant Meridian Point Properties filed a Substitution of Attorney in the District Court of Clark County, Nevada, substituting in Barron, Vivone, Holland & Pruitt, Chtd. In place and stead of Lefebvre, Barron & Vivone, Chtd (nos. 35915/35997).
11/22/2000Transcript RequestFiled Certificate of No Transcript Request. Nos. 35915/35997 (00-20577)
12/22/2000TranscriptFiled Transcript. Proceedings: February 1, 2, 3, and 4, 2000. Court Reporter: Janice Liston. Per court reporter, the March 6, 2000 hearing was not reported. Nos. 35915/35997 (00-22291)
02/26/2001MotionFiled Stipulation. Nos. 35915/35997 (01-03594)
03/05/2001MotionFiled Motion to Extend Time. Nos. 35915/35997 (01-03990).
03/06/2001Order/ProceduralFiled Order/Show Cause. Both Meridian Point Properties and Pezzuti shall have 30 days from the date of this order within which to each (1) file an amended docketing statement which fully complies with NRAP 14, and (2) show cause why their respective appeals should not be dismissed for lack of jurisdiction. In addition, counsel for Meridian Point Properties shall show cause why he should not be sanctioned for his failure to provide full and accurate responses to the docketing statement. In addition, counsel for Candace Pezzuti shall show cause why he should not be sanctioned for his failure to provide full and accurate responses to the docketing statement. Furthermore, the briefing schedule in these consolidated appeals is hereby stayed pending further order of this court. Nos. 35915/35991 (01-04092)
04/05/2001Docketing StatementFiled Docketing Statement. Meridian Point Properties Amended Docketing Statement. Nos. 35915/35997 (01-05832).
04/05/2001MotionFiled Response to Order to Show Cause. Meridian Point Properties' Response to Order to Show Cause. Nos. 35915/35997. (01-05850)
04/09/2001Docketing StatementFiled Docketing Statement. (Amended) Nos. 35915/35997 (01-06102).
04/09/2001MotionFiled Response to Order to Show Cause. Appellant Pezzuti's Response to Order to Show Cause in Case No. 35997. Nos. 35915/35997. (01-06103).
04/25/2001Order/ProceduralFiled Order/Show Cause. On April 5, 2001, Meridian Point Properties filed an amended docketing statement as well as its response to our March 5, 2001 order to show cause. On April 9, 2001, Pezzuti also filed an amended docketing statement and her response to our March 6, 2001 order to show cause. Both responses discuss an order entered by the district court on March 30, 2001. Both Meridian Point Properties and Candace Pezzuti shall have 11 days from the date of this order to each show cause why their respective appeals should not be dismissed for lack of jurisdiction. The preparation of transcripts and briefing schedule in these consolidated appeals shall remain suspended pending further order of this court. Nos. 35915/35997. (01-06939)
05/07/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. (Filed in no. 35915) Nos. 35915/35997.
05/09/2001MotionFiled Response to Order to Show Cause. Appellant Meridian Point Property's Response to Order to Show Cause of April 25, 2001. Nos. 35915/35997 (01-07730)
05/10/2001MotionFiled Response to Order to Show Cause. Appellant Pezzuti's Response to Order to Show Cause Filed 4/25/01 in Case no. 35997. Nos. 35915/35997 (01-03246).
06/06/2001Notice/OutgoingIssued Letter. to Clark County Clerk requesting certified copies of "Stipulation and Order for Dismissal of Cross-Claims," filed March 30, 2001; Notice of Entry of Order for Dismissal of Cross-Claims," filed April 2, 2001; "Certificate of Mailing of Notice of Entry of Order for Dismissal; of Cross-Claims," filed April 30, 2001; and "Amended Notice of Appeal, " filed May 1, 2001. Nos. 35915/35997 (01-09532).
06/14/2001Order/ProceduralFiled Order. We reinstate briefing in these consolidated appeals. The opening briefs of Pezzuti and Meridian Point Properties, respectively, shall be served and filed within 70 days of the date of this order; thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We conclude that sanctions are warranted in Docket No. 35997, in light of the incomplete responses to docketing statement requests 21, 22, and 23, so as to discourage similar disregard for our rules in the future. Accordingly, within 30 days from the date of this order, Kirk T. Kennedy shall personally pay to the Nevada Supreme Court Law Library the sum of $750.00. In addition, Kennedy shall provide the clerk of this court with proof of payment no later than 10 calendar days after he remits payment to the Nevada Supreme Court Law Library. Furthermore, we refer these matters and others to the State Bar of Nevada for investigation and, if appropriate, disciplinary proceedings regarding attorney Kennedy's conduct. Bar counsel shall, within 120 days of the date of this order, inform this court of the status of the investigation and any disciplinary proceedings arising from this referral. Fn9 [On March 5, 2001, in both Docket Nos. 35915 and 35997, appellants filed motions to extend the time within to file opening briefs. We deny both motions as moot.] (Footnote 14 directs the clerk of this court to send copies of various documents from numerous cases along with copies of the public docket sheets the State Bar of Nevada - see original order in correspondence file). Nos. 35915/35997 (01-09932).
06/14/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. (Filed in no. 35997.) Nos. 35915/35997. 01-10023
06/25/2001MotionFiled Motion for Permission to File Document. Motion of Kirk T. Kennedy, Esq. for Reconsideration of Court's Order Imposing Sanctions and Referral to the State Bar of Nevada. Nos. 35915/35997 (01-10693).
07/24/2001Notice/IncomingReceived Proof of Payment of Sanction. Letter from Kirk T. Kennedy to Supreme court Law Library enclosing check in the amount of $750. Nos. 35915/35997 (01-12580)
07/25/2001BriefFiled Opening Brief. (Appellant Pezzuti's Opening Brief in No. 35997.) Mailed on: 07/23/01. Nos. 35915/35997 (01-12623).
07/25/2001AppendixFiled Appendix to Opening Brief. (Appellant Pezzuti's Appendix in No. 35997.) Nos. 35915/35997 (01-12624).
08/03/2001Notice/IncomingFiled Proof of Payment of Sanction. ($750.00 paid to the Nevada Supreme Court Law Library). 01-13164
08/08/2001Order/ProceduralFiled Order Denying Motion. Order Denying Reconsideration of Order Imposing Sanctions and Referring Counsel to the State Bar of Nevada. Having considered the motion for reconsideration, we determine that we did not overlook or misapprehend a material fact in the record or a material question of law so as to warrant reconsideration. The motion for reconsideration is denied in its entirety. Nos. 35915/35997. (01-13422)
08/27/2001BriefFiled Opening Brief. (Appellant Meridian Point Properties' Opening Brief in 35915.) Mailed on: LV Drop Box 08/23/01. Nos. 35915/35997 (01-14499).
08/27/2001AppendixFiled Appendix to Opening Brief. (Appellant Meridian Point Properties' Appendix in 35915.) Mailed on: LV Drop Box 08/23/01. Nos. 35915/35997 (01-14502).
08/28/2001BriefFiled Answering Brief. Respondents Bailey's Sweeper Service and John Bailey's Answering Brief in No. 35997. Mailed on: Fed Ex 08/27/01. Nos. 35915/35997. 01-14535
09/17/2001MotionFiled Stipulation. Respondent Hines Steam Cleaning. Nos. 35915/35997 (01-15664).
10/01/2001Order/Clerk'sFiled Clerk's Order Approving Stipulation. filed September 17, 2001. The clerk shall file respondent Hines Steam Cleaning's answering brief (Docket No. 35997) received on September 27, 2001. Nos. 35915/35997. (01-16486)
10/01/2001BriefFiled Answering Brief. Respondent Hines Cleaning Co.'s Answering Brief in Docket No. 35997. Mailed on: FedEx 09/26/01. Nos. 35915/35997. 01-16281
10/01/2001MotionFiled Stipulation and Order. Brief due: October 25, 2001 -(Candace Pezzuti-respondent in 35915). Nos. 35915/35997 (01-16549).
10/02/2001Notice/IncomingFiled Status Report. Final Status Report from State Bar of Nevada re attorney Kirk T. Kennedy. NOTE: This original document was placed in attorney Kennedy's bar file. No copy was placed in the correspondence file for these cases. Nos. 35915 and 35997.
10/29/2001BriefFiled Answering Brief. Respondent Pezzuti's Answering Brief in No. 35915. Mailed on: 10/25/01. Nos. 35915/35997 (01-18128).
11/16/2001Order/ProceduralFiled Order Granting Motion. To date, appellant Pezzuti has failed to file a reply brief in Docket No. 35997. Appellant Pezzuti shall have 10 days from the date of this order to file and serve a reply brief in Docket No. 35997. Failure to timely file a reply brief may be treated as a waiver of the right to file a reply brief. Nos. 35915/35997. (01-19230)
11/21/2001MotionFiled Stipulation and Order. Appellant, Meridian Point Properties, Reply Brief in No. 35915 due: 12/24/01. Nos. 35915/35997. (01-19618)
12/24/2001BriefFiled Reply Brief. Appellant Meridian Pooint Properties' Reply Brief in 35915. Mailed on: 12/22/01. Nos. 35915/35997. 01-21645
01/10/2002Case Status Update Briefing Completed. No reply brief filed in 35997. Nos. 35915/35997.
04/30/2002Order/ProceduralFiled Order/Submit on Briefs. 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. NRAP 34(f)(1). Nos. 35915/35997. (02-07591)
04/30/2002Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP02-MS/RR/NB. Nos. 35915/35997.
09/10/2002Order/DispositionalFiled Dispositional Order/Appeal. Reversal and Remand. These are consolidated appeals. 'ORDER the post-judgment orders of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.' Nos. 35915/35997. 02-15650
10/08/2002RemittiturIssued Remittitur. 02-15809
10/08/2002Case Status Update Remittitur Issued/Case Closed.
10/21/2002RemittiturFiled Remittitur. Received by County Clerk on October 10, 2002. 02-15809