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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE: REINSTATEMENT OF J. MICHAEL SCHAEFER

Case Information: 44407
Short Caption:IN RE: REINSTATEMENT OF J. MICHAEL SCHAEFERCourt:Supreme Court
Lower Court Case(s):NONEClassification:Bar Matter - Reinstatement - Petition
Disqualifications:GibbonsCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:08/26/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/20/2004Filing Fee Filing Fee Waived.
12/20/2004Record on Appeal DocumentsFiled Record of Bar Proceedings. Record of Reinstatement Proceedings, Pleadings and Transcript of Hearings. Vols. 1 through 4. Appeal docketed in the Supreme Court this day. 04-23130
01/13/2005Order/ProceduralFiled Order/Briefing Schedule. On January 3, 2005, petitioner J. Michael Schaefer filed a request for a briefing schedule. The request is granted. Schaefer shall have thirty days from the date of this order within which to file and serve an opening brief. The state bar shall have thirty days from the date the opening brief is served within which to file and serve an answering brief. Schaefer shall file and serve any reply brief within thirty days from the date the answering brief is served. All briefs shall cite to the record of the reinstatement proceedings already filed with this court, and thus no appendices need be filed. We defer ruling on Schaefer's request for oral argument until after the briefs are received and reviewed. 05-00749
01/14/2005MotionFiled Response to Motion. State Bar of Nevada's Response to Petitioner's Requests for Oral Argument and for Briefing Schedule. 05-00942
02/15/2005BriefFiled Opening Brief. 05-03043
03/18/2005BriefFiled Answering Brief. 05-05387
04/21/2005BriefFiled Reply Brief. 05-07859
04/26/2005BriefFiled Supplemental Brief. (Schaefer) Supplemental Brief: Updating. 05-08207
08/26/2005Order/ProceduralFiled Order Denying Motion. For Oral Argument. On January 3, 2005, petitioner J. Michael Schaefer submitted a request for oral argument. The state bar has opposed the request. We conclude that oral argument is not required in this case, and so we deny the motion. This matter shall stand submitted for decision based upon the record and the briefs filed herein, as of the date of this order. Fn1 [We direct the clerk to file the motion.] Fn2 [The state bar's opposition also included argument concerning Schaefer's request for a briefing schedule, which had already been granted by our January 13, 2005 order. We construe this portion of the state bar's opposition as a motion for reconsideration of the January 13 order setting a briefing schedule, and we deny it.] Fn3 [The Honorable Miriam Shearing, Senior Justice, and the Honorable Deborah A. Agosti, Senior Justice, participated in the decision of this matter under a general order of assignment entered on July 14, 2005.] 05-17038
08/26/2005Other Incoming DocumentFiled Proper Person Document. Petitioner Request for Oral Argument. 05-00103
08/26/2005Case Status Update Submitted for Decision.
08/31/2005OtherDisqualification of Justice Gibbons. Sat in related district court proceedings.
09/12/2005Order/DispositionalFiled Dispositional Order/Appeal. Order Denying Reinstatement. Having reviewed the record of the proceedings before the hearing panel and the parties' briefs to this court, we agree with the panel's conclusion that Schaefer has failed to meet his burden under SCR 116(3) to establish by clear and convincing evidence that he has the required moral qualifications, competency and learning in the law to practice in this state, and that his reinstatement would not be detrimental to the integrity and standing of the bar, the administration of justice or the public interest. 'We therefore approve the panel's recommendation and deny the petition for reinstatement.' fn1—[The Honorable Mark Gibbons, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC-NB/RR/WM/MD/JH/RP 05-17983
10/13/2005Order/ProceduralFiled Order Granting Motion. filed September 28, 2005. Schaefer shall have until October 20, 2005, to file a rehearing petition. 05-20307
10/18/2005Post-Judgment PetitionReceived Proper Person Petition for Rehearing. Motion for Rehearing (FILED PER ORDER OF 11/01/05).
10/26/2005MotionFiled Response to Motion. State Bar of Nevada's Non-Opposition to Schaefer's Application for Leave to File Tardy Motion. 05-21225
11/01/2005Order/ProceduralFiled Order. Denying Motion to File Tardy Motion and Directing Clerk to File Rehearing Petition. We direct the court clerk to file the petition received on October 18, 2005. 05-21539
11/01/2005Post-Judgment PetitionFiled Proper Person Petition for Rehearing. Motion for Rehearing. 05-20628
11/28/2005Letter/IncomingFiled Letter. from J. Michael Schaefer re: letters written to the court. 05-23239
12/08/2005Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). 05-23997
01/06/2006RemittiturIssued Remittitur. 06-00245
01/06/2006Case Status Update Remittitur Issued/Case Closed.
01/19/2006RemittiturFiled Remittitur. Received by State Bar on January 9, 2006. 06-00245