LEWIS VS. SEA RAY BOATS, INC. - Nevada Supreme/Appellate Court Record

Case Information: 36831
Short Caption:	LEWIS VS. SEA RAY BOATS, INC.	Court:	Supreme Court
		Related Case(s):	45001
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A345303 Clark Co. - Eighth Judicial District - A346497	Classification:	Civil Appeal - General - Other
Disqualifications:	Becker	Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:	10/06/2000 / Hoppe, Craig	SP Status:	Completed
Oral Argument:	11/12/2002 at 11:30 AM	Oral Argument Location:	Carson City
Submission Date:	11/12/2002	How Submitted:	After Oral Argument

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
10/03/2000	Filing Fee	Received Filing Fee Paid on Filing. $200.00 from Beckley Singleton Jemison Cobeaga & List, Chtd.--check no. 078306
10/03/2000	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel.		00-17466
10/06/2000	Settlement Notice	Issued Notice: Assignment to Settlement Program. Settlement Judge: Craig A. Hoppe. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
11/13/2000	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal/Amended/Supplemental.		00-19789
11/17/2000	Notice/Outgoing	Letter. Craig A. Hoppe.
03/12/2001	Settlement Program Report	Filed Interim Settlement Program Report. The settlement conference is continued to the following date: June 15, 2001.		01-04415
06/07/2001	Settlement Program Report	Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.		01-09504
06/07/2001	Notice/Outgoing	Issued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
06/20/2001	Order/Procedural	Filed Order/Briefing Schedule. The parties were unable to agree to a settlement of this matter. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. 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).		01-10367
06/25/2001	Docketing Statement	Filed Docketing Statement.		01-10666
07/05/2001	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: April 4-18, 2000. To Court Reporter: Hi-Tech Reporting.		01-11296
08/07/2001	Transcript	Filed Transcript. Proceedings: April 4, 5, 6, 7, 11, 12, 13, 17 & 18, 2000. Court Reporters: Cynthia DuRivage and Monice Krmpotic Campbell.		01-13311
10/22/2001	Motion	Filed Stipulation and Order. Brief due: November 19, 2001.		01-17775
11/21/2001	Motion	Filed Motion and Order/Excess Pages. Granted: 31 pages.		01-19594
11/21/2001	Brief	Filed Opening Brief. Mailed on: 11/19/01.		01-19596
11/21/2001	Appendix	Filed Appendix to Opening Brief. Vols. 1 through 3.		01-19598
11/26/2001	Brief	Filed Joinder to Brief. Appellants Teresa Rae Webb and Tricia Marie Gasse's Joinder in Appellant Robin Lewis' Appendix and Opening Brief.		01-19695
12/11/2001	Motion	Filed Stipulation.		01-20788
12/13/2001	Order/Clerk's	Filed Clerk's Order Approving Stipulation. filed December 11, 2001. Respondent shall file and serve the answering brief by January 21, 2002.		01-21009
01/16/2002	Motion	Filed Motion to Extend Time. (Unopposed).		02-01107
01/18/2002	Order/Clerk's	Filed Clerk's Order Granting Motion. filed January 16, 2002. Respondent shall file and serve the answering brief by February 20, 2002.		02-01264
02/20/2002	Motion	Filed Motion to Extend Time. Second Unopposed Motion to Enlarge Time to File Respondent's Brief.		02-03206
02/21/2002	Order/Procedural	Filed Order Granting Motion. filed February 20, 2002. Respondent shall file and serve the answering brief and appendix by March 6, 2002. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances.		02-03286
03/05/2002	Brief	Filed Answering Brief. Mailed on: Fed-Ex 3/4/02. Signed by Richard B. Parnell.		02-03982
03/05/2002	Appendix	Filed Appendix to Answering Brief.		02-03984
04/04/2002	Motion	Filed Stipulation and Order. Brief due: April 17, 2002.		02-06005
04/19/2002	Brief	Filed Reply Brief. Mailed on: April 17, 2002 (Appellant Lewis). Signed by Rex Jemison.		02-07024
05/23/2002	Other	Disqualification of Justice Becker. Sat in district court proceedings.
09/05/2002	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on November 12, 2002, at 11:30 a.m. (En Banc)
10/28/2002	Brief	Filed Supplemental Authorities. Respondent's Supplemental Memorandum.		02-18480
10/29/2002	Notice/Outgoing	Issued Oral Argument Reminder Notice.
11/07/2002	Notice/Incoming	Filed Errata. Errata to Appellants' Reply Brief.		02-19196
11/12/2002	Case Status Update	Submitted for Decision. Before the En Banc Court. En Banc.
11/19/2002	Notice/Outgoing	Issued Letter. to Clark County Clerk regarding transmission of Jury Instructions. Due date: 10 days.
11/25/2002	Other	Other. Received copy of all jury instructions and proposed jury instructions.		02-20282
01/17/2003	Order/Procedural	Filed Order. The Honorable Cliff Young, Senior Justice, is assigned to participate in the determination of this appeal. The Honorable Mark Gibbons, Justice, will not participate in the decision of this case. EN BANC-Agosti, C.J., Shearing, Rose, Leavitt, and Maupin, JJ., Young, Sr. J.		03-00968
02/05/2003	Notice/Outgoing	Issued Letter. to Clark County Clerk (via fax) requesting Exhibit 260 (a boating safety handbook).
03/21/2003	Opinion/Dispositional	Filed Authored Opinion. "Reversed and remanded with instructions." fn24[Appellants also take issue with the district court's instructions on changed conditions and superseding cause. The district court should revisit these instructions on remand depending on whether evidence introduced supports them. Because of our ruling with regard to the warnings instructions, we need not reach appellants' arguments concerning the practice of filing ex-parte trial briefs pursuant to EDCR 7.27.] fn25[The Honorable Nancy Becker, Justice, voluntarily recused herself from participation in the decision of this matter. The Honorable Cliff Young, Senior Justice, having participated in the oral argument and deliberations of this matter as a Justice of the Nevada Supreme Court, was assigned to participate in the determination of this appeal following his retirement. Nev. Const. Art. 6 sec. 19; SCR 10. The Honorable Mark Gibbons, Justice did not participate in the decision of this matter.] Before the Court En Banc. By the Court, Maupin, J. We concur: Agosti, C.J., Shearing, J., Rose, J., Leavitt, J., Young, Sr. J. 119 Nev. Adv. Opn. No. 10. En banc		03-04820
04/09/2003	Filing Fee	Received Filing Fee Paid on Filing. $100 from Parnell & Associates-check no. 21019.
04/09/2003	Post-Judgment Petition	Filed Petition for Rehearing. Respondent's Petition for Rehearing. Mailed on: Fed-Ex 4/8/03.		03-05932
04/16/2003	Notice/Outgoing	Issued Letter. addressed to Johnna Walker at the Clark County Clerk's Office regarding Transmission of Transcript.
04/21/2003	Transcript	Filed Transcript. Proceedings: 4/19/00. Court Reporter: Cline Transcription. (Transmitted from Clark Co. Clerk per 4/16/03 letter.)		03-06736
05/09/2003	Post-Judgment Order	Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). fn1[The court has reexamined the record in this case and is satisfied that appellants have made a sufficient record to perfect the error identified in the court's opinion.] fn2[The Honorable Nancy Becker, Justice, voluntarily recused herself from participation in the decision of this matter. The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] EN BANC-DA/MS/RR/ML/WM		03-07965
06/03/2003	Motion	Filed Motion for Stay. Motion to Stay Issuance of Remittitur.		03-09239
06/25/2003	Post-Judgment Order	Filed Order/Remittitur. We hereby stay issuance of the remittitur until August 15, 2003. If the clerk of this court receives written notice from the clerk of the United States Supreme Court by August 15, 2003, that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by August 15, 2003, the remittitur shall issue on August 18, 2003.		03-10636
08/26/2003	Remittitur	Issued Remittitur. Returned Exhibits: Defendant's Exhibit 260- Boating safety handbook this day.		03-14334
08/26/2003	Case Status Update	Remittitur Issued/Case Closed.
09/03/2003	Remittitur	Filed Remittitur. Received by County Clerk on August 29, 2003.		03-14334