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United States Court Cases

Nevada Supreme/Appellate Court Record

GERALDO VS. ATC/VANCOM, INC.

Case Information: 46103
Short Caption:GERALDO VS. ATC/VANCOM, INC.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A431018Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:10/25/2005 / Trost, JanetSP Status:Completed
Oral Argument:06/07/2007 at 11:30 AMOral Argument Location:Regional Justice Center
Submission Date:06/07/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/14/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Donald C. Kudler - check no. 2762.
10/14/2005Notice of Appeal DocumentsFiled 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.) 05-20381
10/14/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 3/28/05; 6/28/05; and 9/1/05. To Court Reporter: Angela Lee. 05-20382
10/20/2005Notice/OutgoingIssued Notice to Transmit Required Document. Notice of Entry of Order. Due Date: 10 days
10/25/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Janet Trost. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/31/2005Docketing StatementFiled Docketing Statement. Issued Notice to Provide Proof of Service on Settlement Judge. 05-21361
10/31/2005Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Filed in district court on: October 7, 2005. 05-21444
11/04/2005Notice/IncomingFiled Proof of Service. of Docketing Statement to Settlement Judge Trost. 05-21817
11/21/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 05-22937
12/13/2005Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for preparing transcripts and filing briefs. Transcripts due: 30 days. fn1[A copy of that transcript request form is attached to this order.] In the event the transcripts requested by appellant were filed in the district court prior to the docketing of this appeal, the court reporter need not comply with NRAP 9(b). Appellant: 70 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 05-24318
02/22/2006BriefFiled Opening Brief. 06-03875
02/22/2006AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 06-03876
03/07/2006TranscriptFiled Transcript. Proceedings: Monday, March 28, 2005-1:30 p.m.; Tuesday, March 29, 2005-9:30 a.m.; Wednesday, March 30,2005-10:30 a.m.; Tuesday, June 28, 2005-8:30 a.m.; Tuesday, September 1, 2005-8:30 a.m. Court Reporter: Angela K. Lee. 06-05017
03/28/2006BriefFiled Answering Brief. 06-06541
03/29/2006Order/ProceduralFiled Order/Show Cause. Appellant shall have thirty days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. In responding to this order, appellant should submit documentation that establishes this court's jurisdiction including, but not necessarily limited to, a final order disposing of any third-party claims against Pablo Geraldo. We caution appellant that failure to demonstrate that this court has jurisdiction may result in this court's dismissal of this appeal. The briefing schedule in this appeal shall be suspended pending further order of this court. Respondents may file any reply within ten days from the date that appellant's response is served. Fn1 [We direct the clerk of this court to amend the caption on this court's docket to conform to the caption on this order. The parties shall have ten days from the date of this order to notify us if the caption on this order is inaccurate.] 06-06576
04/25/2006MotionFiled Response to Order to Show Cause. Appellant's Response to the Court's March 29, 2006 Order to Show Cause. "MISSING DOCUMENT" 06-08679
04/25/2006Notice/IncomingFiled Affidavit. of Donald C. Kudler, Esq. 06-08680
05/12/2006Order/ProceduralFiled Order/Show Cause. Appellant shall have 45 days from the date of this order within which to obtain an order from the district court dismissing the third-party complaint and provide a file-stamped copy to this court. The briefing schedule shall remain suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellant's response is served. 06-10014
06/26/2006Order/IncomingFiled District Court Order. Certified copy of Stipulation and Order for Dismissal filed in district court on June 20, 2006. Submitted in response to order filed May 12, 2006. 06-13173
07/17/2006Order/ProceduralFiled Order/Briefing Reinstated. Because appellants have submitted the stipulation and order resolving the issues related to the third-party complaint and Pablo, we now have jurisdiction to consider this appeal. The briefing schedule is reinstated. Reply brief due: 30 days. 06-14845
08/16/2006BriefFiled Reply Brief. 06-17076
08/21/2006Notice/IncomingFiled Certificate of Compliance. Reply Brief. 06-17365
04/26/2007Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 7, 2007, at 11:30 a.m. (SNP07-MG/MD/MC) 07-09386
05/24/2007Notice/OutgoingIssued Oral Argument Reminder Notice. 07-11510
06/07/2007Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP07-MG/MD/MC
07/24/2007Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. --VACATED PER ORDER FILED 04/24/08-- "ORDER we Affirm the district court's judgment, and reverse the district court's order denying Geraldo's motion for a new trial based on erroneous jury verdict, and we reverse the order awarding Vancom attorney fees and costs. We remand this mater to the district court for a new trial on the issue of damages." SNP07-MG/MD/MC. 07-16129
08/15/2007Filing FeeReceived Filing Fee Paid on Filing. $150 from Ranalli firm - check no. 9342.
08/15/2007Post-Judgment PetitionFiled Petition for Rehearing. Respondents. 07-17999
09/25/2007Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP07-MG/MD/MC. 07-21172
10/09/2007Post-Judgment PetitionFiled Petition for En Banc Reconsideration. 07-22314
10/23/2007RemittiturIssued Remittitur. 11/05/07--REMITTITUR RECALLED/CASE REOPENED 07-22135
10/23/2007Case Status Update Remittitur Issued/En Banc Reconsideration Pending.
11/01/2007RemittiturFiled Remittitur. Received by County Clerk on October 29, 2007. 11/05/07--REMITTITUR RECALLED/CASE REOPENED 07-22135
11/02/2007Other Returned Mail. Remittitur addressed to Ranalli Zaniel & Jordan LLC re-mailed to same address. 07-24112
11/05/2007Order/ProceduralFiled Order. Directing Answer to Petition for En Banc Reconsideration. We hereby recall the remittitur previously issued in this appeal and direct appellant to file and serve an answer to respondents' petition for en banc reconsideration within 15 days from the date of this order. 07-24129
11/15/2007Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. Appellant's Answer to Respondent's Petition for En Banc Reconsideration. 07-24925
04/24/2008Order/DispositionalFiled Dispositional Order/Appeal. Order Granting En Banc Reconsideration, Vacating Prior Order and Affirming the District Court's Post-Judgment Orders Denying Motion for a New Trial and Awarding Attorney Fees and Costs. '. . . we vacate the panel's prior order affirming in part, reversing in part and remanding. . . . we affirm the district court's post-judgment orders denying Geraldo's motion for a new trial and award of attorney fees and costs.' WM/JH/RP/MD/NS. Gibbons, C.J., with whom Cherry, J. agrees, dissenting. EN BANC 08-10187
05/14/2008Filing FeeReceived Filing Fee Paid on Filing. $150 from Donald C. Kudler - check no. 5189.
05/14/2008Post-Judgment PetitionFiled Petition for Rehearing. Appellant's Petition for Rehearing of the Court's En Banc Decision. 08-12160
05/30/2008Notice/IncomingFiled Substitution of Attorneys. Donald C. Kudler, Esq., in place and stead of Albert D. Massi, Esq. 08-13674
07/07/2008Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Gibbons, C.J., with whom Cherry, J., joins, dissenting. [Copies have been distributed per the ccs listed on the order.] 08-17202
07/15/2008Other Returned Mail. Order filed 7/7/08 to Ranalli Zaniel & Jordan, LLC. Address updated per filed, Appellant's Petition for Rehearings Certificate of Service. 08-18183
08/01/2008RemittiturIssued Remittitur. 08-18666
08/01/2008Case Status Update Remittitur Issued/Case Closed.
08/11/2008RemittiturFiled Remittitur. Received by County Clerk on August 4, 2008. 08-18666