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United States Court Cases

Nevada Supreme/Appellate Court Record

FOULKE VS. ECOLOGY CONTROL

Case Information: 38830
Short Caption:FOULKE VS. ECOLOGY CONTROLCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A403513Classification:Civil Appeal - General - Other
Disqualifications:Douglas, GibbonsCase Status:Remittitur Issued/Case Closed
Replacement:Justice Becker for Justice GibbonsPanel Assigned: Panel
To SP/Judge:12/10/2001 / Richitt, E.SP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:01/12/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/27/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Albert D. Massi - check no. 30281.
11/27/2001Notice 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.) 01-19803
12/10/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: E. Paul Richitt, Jr. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/18/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 01-21279
12/24/2001Notice/Outgoing Letter. E. Paul Richitt, Jr.
01/08/2002Docketing StatementFiled Docketing Statement. (Copy of docketing statement mailed to settlement judge.) 02-00453
01/08/2002Notice/IncomingFiled Substitution of Attorneys. Ecology Control Industries substitutes the firm of Earley Savage in place and stead of the law firm of Cobeaga Tomlinson. 02-00456
01/10/2002Notice/Outgoing Letter. E. Paul Ritchitt, Jr.
04/03/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: April 26, 2002. 02-05945
08/14/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: August 22, 2002. 02-13921
08/28/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: September 19, 2002. 02-14876
09/30/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 6, 2002. 02-16892
11/13/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: January 8, 2003. 02-19512
01/14/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: February 11, 2003. 03-00762
03/20/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: April 16, 2003. 03-04788
04/14/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-06361
04/24/2003Other Returned Mail. Settlement Conference Status Report filed 04/14/03 addressed to Kummer Kaempfer, et al. returned for lack of postage and remailed.
04/29/2003Order/ProceduralFiled Order/Show Cause. Response due from appellant: 30 days from the date of this order. If the order did not dispose of all claims against all parties, appellant may cure any such jurisdictional defect by obtaining a final written order from the district court that resolves all claims against all parties and filing an amended notice of appeal. Filing dates for briefing and compliance with NRAP 9(a), shall continue to be suspended resolution of this jurisdictional issue. 03-07285
05/07/2003MotionFiled Response to Order to Show Cause. 03-07766
05/12/2003Letter/IncomingFiled Letter. from attorney Donald C. Kudler. The response to the order to show cause was erroneously served on former counsel for respondent, Neil Tomlinson. It has subsequently been served on present counsel, Nancy Savage. 03-08040
08/18/2003OtherDisqualification of Justice Gibbons. Sat in district court proceedings.
09/05/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. Appellant has filed a response to our order to show cause. Because the district court order granting summary judgment resolves all claims against all parties, we conclude that this court has jurisdiction to consider this appeal. This appeal may proceed. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. 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). 03-14920
09/17/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: October 22, 2001. To Court Reporter: Janice Liston. 03-15541
09/19/2003Letter/IncomingFiled Letter. from Court Reporter Janice R. Liston regarding request for transcripts filed on September 17, 2001. 03-15720
10/23/2003Order/ProceduralFiled Order. Regarding Transcripts. Appellant has filed a transcript request form requesting court recorder Janice R. Liston to produce a transcript for proceedings conducted on October 22, 2001. Ms. Liston has filed a letter informing this court she filed that transcript in the district court on November 6, 2001. Because the requested transcript was filed in the district court prior to the docketing of this appeal, appellant shall include that transcript in the appendix to the opening brief. This court will not require Ms. Liston to file a certified copy of the October 22, 2001, transcript with this court. 03-17667
12/26/2003MotionFiled Stipulation and Order. Brief due: February 4, 2004. 03-21476
02/04/2004BriefFiled Opening Brief. 04-02211
02/04/2004AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 04-02212
02/04/2004MotionFiled Motion. 06/09/04 ORDER: DETACHED EXHIBIT A FROM THE MOTION AND RETURNED IT, UNFILED, TO APPELLANT. 04-02281
03/05/2004MotionFiled Motion to Extend Time. Respondent Ecology Control Industries's Motion to Extend the to File Answering Brief (45 days). 04-04220
03/09/2004BriefFiled Answering Brief. Respondents CalNev Pipe Line Company and GATX Terminals Corporation's Answering Brief. 04-04454
03/09/2004AppendixFiled Appendix to Answering Brief. Respondents CalNev Pipe Line Company and GATX Terminals Corporation's Appendix. 04-04455
03/09/2004Order/ProceduralFiled Order Granting Motion. filed March 5, 2004. Ecology Control Industries shall have until April 19, 2004, to file and serve its answering brief. 04-04492
03/31/2004MotionFiled Motion and Order Extending Time. Brief due: May 7, 2004. 04-05957
04/19/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
04/22/2004BriefFiled Answering Brief. Respondent Ecology Control. 04-07463
04/22/2004AppendixFiled Appendix to Answering Brief. Respondent Ecology Control. Vol. 1 and 2. 04-07464
05/06/2004BriefFiled Reply Brief. Appellant's Reply Brief to Respondents, Calnev PipeLine Company and GATX Terminals Corporations. 04-08333
05/19/2004BriefFiled Reply Brief. Appellant's Reply Brief to Respondent, Ecology Control Industries. 04-09263
06/09/2004Order/ProceduralFiled Order Denying Motion. to Supplement Appellate Court Record. Appellant has moved for permission to supplement the appellate court record with 'a complete copy of an internal review ['Accident Report'] conducted by Respondent Ecology Control Industries, Inc.' It appears the district court only considered the first 4 pages of the Accident Report in issuing its November 5, 2001, order, which is the subject of this appeal. fn1[The first 4 pages of the Accident Report are included in the parties' appendices.] Because it appears the complete Accident Report was not presented to the district court as an exhibit attached to a motion or opposition, and was not otherwise considered by the district court, we deny the motion. The clerk shall detach Exhibit A from the motion and return it, unfiled, to appellant. 04-10674
06/09/2004Notice/OutgoingIssued Letter. to attorney Donald C. Kudler. Returned unfiled, "Exhibit A (detached from the Motion to Supplement Record on Appeal filed February 4, 2004) ."
01/12/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 05-00654
01/12/2005Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP05-NB/RR/JH
02/08/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP05-NB/RR/JH 05-02561
03/08/2005RemittiturIssued Remittitur. 05-02669
03/08/2005Case Status Update Remittitur Issued/Case Closed.
03/21/2005RemittiturFiled Remittitur. Received by County Clerk on March 10, 2005. 05-02669