| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 02/19/1999 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from John P. Fadgen--check no. 1850. | | |
| 02/19/1999 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 99-01131
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| 02/19/1999 | Other | Disqualification of Justice Leavitt. | | |
| 03/04/1999 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Larry J. Cohen. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 03/26/1999 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 99-02214
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| 03/29/1999 | Transcript Request | Filed Request for Transcript of Proceedings. 12/16/98 Proceedings: To Court Reporter: Mary Beth Cook. | | 99-02274
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| 03/31/1999 | Notice/Outgoing | Letter. | | |
| 04/01/1999 | Order/Procedural | Filed Order. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement. | | 99-02421
|
| 04/08/1999 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from M. Nelson Segal, Chartered--check no. 7608. | | |
| 04/08/1999 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 99-02650
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| 04/08/1999 | Docketing Statement | Filed Docketing Statement. | | 99-02651
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| 04/16/1999 | Notice/Outgoing | Letter. | | |
| 04/20/1999 | Docketing Statement | Filed Docketing Statement. from Appellant/Cross-Respondent . | | 99-03060
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| 07/12/1999 | Motion | Filed Motion to Dismiss Appeal. | | 99-06203
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| 11/04/1999 | Notice/Incoming | Filed Notice. Notice of Withdrawal of Appellee's Motion to Dismiss Appellant's Appeal. | | 99-10826
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| 11/15/1999 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: December 6, 1999. | | 99-11297
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| 11/19/1999 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: December 6, 1999. | | 99-11599
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| 12/17/1999 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued. The settlement judge will file an updated report in 45 days or sooner if developments in this matter justify doing so. | | 99-12830
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| 06/08/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The Appellants/Cross-Respondents have filed for protection of the Bankruptcy Court, thus staying these matters, in whole or in part, pending the outcome of the bankruptcy proceedings. The Settlement Judge will provide this Court with an updated report within 45 days. | | 00-09683
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| 07/10/2000 | Settlement Program Report | Filed Interim Settlement Program Report. Fourth Interim Report. The Settlement Judge proposes continuing the settlement conference proceedings in this case until after the trial in the bankruptcy court. The Settlement Judge will file another report with this Court on or about October 11, 2000. | | 00-11723
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| 09/20/2000 | Order/Procedural | Filed Order. On June 8, 2000, the settlement judge notified this court that respondents/cross-appellants have filed a petition for bankruptcy in the United States Bankruptcy Court. We order this appeal stayed pursuant to the mandatory provisions of federal bankruptcy law. Respondents/cross-appellants shall have 60 days from the date of this order to file a report informing this court of the status of the bankruptcy proceedings. | | 00-16604
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| 02/08/2001 | Order/Procedural | Filed Order/Status Report. To date, respondents/cross-appellants have not complied with the September 20, 2000, order. Respondents/cross-appellants' counsel shall have 10 days from the date of this order to file the requested status report of their bankruptcy proceeding or show cause why sanctions should not be imposed. | | 01-02586
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| 02/16/2001 | Notice/Incoming | Filed Status Report. | | 01-03064
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| 05/22/2001 | Order/Procedural | Filed Order/Status Report. Status report due from Mr. Rasmussen: 30 days of the date of this order informing this court of the status of the bankruptcy proceedings. | | 01-08558
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| 06/25/2001 | Notice/Incoming | Filed Notice. Status Report from attorney Chris T. Rasmussen. Respondents/cross-appellants counsel John P. Fadgen, Esq., passed away on March 9, 2001. Since his passing, the law offices of Donn Ianuzi will be taking over the representation of Kremer and Wolfinger.clerk5 | | 01-10717
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| 11/30/2001 | Order/Procedural | Filed Order. On September 20, 2000 this court ordered this appeal stayed pursuant to the mandatory provisions of federal bankruptcy law. On May 22, 2001, we entered an order directing attorney Chris T. Rasmussen, counsel for respondents/cross-appellants to file a status report informing this court of the status of the bankruptcy proceedings. Mr. Rasmussen filed a report indicating that the Law Offices of Donn Ianuzi would be assuming the representation of respondents/cross-appellants. The Law Offices of Donn Ianuzi, however, has not filed a notice of appearance as counsel of record. Accordingly, the Law Offices of Donn Ianuzi shall have 10 days from the date of this order to either file a notice of appearance as counsel of record for respondents/cross-appellants or inform this court in writing that it does not represent respondents/cross-appellants. If the Law Offices of Donn Ianuzi files a notice of appearance as counsel of record for respondents/cross-appellants, it shall have 15 days from the date of this order to file a status report informing this court of the status of the bankruptcy proceedings. | | 01-20092
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| 03/01/2002 | Order/Procedural | Filed Order/Status Report. To date, the Law Offices of Donn Ianuzi has failed to respond to our order of November 30, 2001. Because Mr. Rasmussen is still counsel of record in this court for respondents, Mr. Rasmussen shall file a report informing this court of the status of respondents' bankruptcy proceedings within 15 days from the date of this order. The status report shall specifically state whether the automatic bankruptcy stay has been lifted, allowing this appeal to proceed. | | 02-03789
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| 03/11/2002 | Notice/Incoming | Filed Status Report. | | 02-04373
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| 07/30/2002 | Order/Procedural | Filed Order/Status Report. Mr. Rasmussen filed a report stating that his office does not represent the respondents/cross-appellants and that he would be filing a motion to withdraw. On June 25, 2001, Mr. Rasmussen, formerly with the law firm of Fadgen & Associates, file a notice informing this court that Mr. Fadgen passed away and that attorney Donn Ianuzi would be taking over the representation of respondents. Mr. Ianuzi has not file a notice of appearance on behalf of respondents. Until a motion to withdraw is filed and granted or a proper substitution of attorneys is filed, Mr. Rasmussen will remain counsel for respondents. Mr. Rasmussen shall have 15 days from the date of this order to file a copy of the bankruptcy court's order lifting the automatic stay and allowing this appeal to proceed or to otherwise inform this court of the status of respondents' bankruptcy proceedings. | | 02-13031
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| 08/09/2002 | Motion | Filed Motion. Attorney Chris T. Rasmussen
04/27/04 ORDER-FN1: THIS COURT WILL TAKE NOT ACTION ON THIS MOTION. | | 02-13681
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| 12/16/2002 | Order/Procedural | Filed Order. Mr. Rasmussen's motion to withdraw as counsel of record for respondents is not accompanied with proof of service on respondents. We defer ruling on the motion. Mr. Rasmussen shall, within 20 days from the date of this order, file written proof of service of the motion to withdraw on respondents. | | 02-21447
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| 07/08/2003 | Order/Procedural | Filed Order. To date Mr. Rasmussen has failed to comply with our December 16, 2002 order. Mr. Rasmussen shall, within 10 days from the date of this order, file written proof of service of the motion to withdraw on respondents. We caution Mr. Rasmussen that failure to comply with this order may result in the imposition of sanctions. | | 03-11404
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| 07/14/2003 | Notice/Incoming | Filed Proof of Service. for Motion to Withdraw. | | 03-11849
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| 03/17/2004 | Order/Procedural | Filed Order. To File Proof of Service. On July 14, 2003, Chris Rasmussen filed a proof of service for the Motion to Withdraw as Counsel. The proof of service is deficient. Specifically, the proof of service does not indicate that the motion to withdraw was served on respondents. Mr. Rasmussen shall have 10 days from the date of this order to file proof of service of the motion to withdraw on respondents. Fn1 [The proof of service indicates the motion to withdraw was served on the settlement judge and opposing counsel.] | | 04-05001
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| 03/26/2004 | Motion | Filed Motion. Amended Motion to Withdraw as Attorney of Record. (Chris T. Rasmussen) | | 04-05728
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| 04/27/2004 | Order/Procedural | Filed Order. to File Proof of Service. On March 26, 2004, attorney Chris T. Rasmussen filed an amended motion to withdraw as counsel for respondents/cross-appellants. fn1[This court will take no action on the motion to withdraw filed on August 9, 2002, because it is identical to the amended motion to withdraw.] The proof of service attached to the motion is deficient. Specifically, the proof of service does not indicate the motion was served on respondent/cross-appellant Robert Turrey ('Turrey'). Accordingly, we defer ruling on the amended motion to withdraw. Mr. Rasmussen shall have 10 days from the date of this order to file proof of service with this court indicating that the amended motion to withdraw was served on Turrey. | | 04-07729
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| 05/10/2004 | Motion | Filed Motion. Supplement to Motion to Withdraw as Attorney of Record. | | 04-08699
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| 05/24/2004 | Notice/Incoming | Filed Notice. Non Opposition to Motion to Withdraw as Attorney of Record. | | 04-09600
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| 12/29/2004 | Other | Disqualification of Justice Parraguirre. Attorney Mark M. Jones. | | |
| 04/05/2005 | Order/Procedural | Filed Order. Dismissing Respondent Turrey, Denying Motion to Withdraw and Directing the Filing of Status Report. The clerk of this court shall modify the caption by deleting Robert Turrey as a respondent and ad as a cross-appellant. We deny Mr. Rasmussen's motion to withdraw from representation of respondents. Mr. Rasmussen shall have 30 days from the date of this order to file a bankruptcy status report. Failure to comply timely with this order may result in the imposition of sanctions. | | 05-06662
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| 04/11/2005 | Notice/Incoming | Filed Status Report. | | 05-07061
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| 04/25/2005 | Other | Returned Mail. Order filed 04/05/05 addressed to Marion Kremer remailed to corrected address. | | |
| 05/31/2005 | Other | Returned Mail. Order filed 04/05/05 addressed to Marion R. Kremer remailed to corrected address. (Second time). | | |
| 08/10/2005 | Order/Procedural | Filed Order. Order Regarding Bankruptcy Status Report, Suggestion of Death of Respondent Kremer, and Status of Appeal. This appeal has been languishing on this court's docket for more than six years and it is not entirely clear whether it may proceed. But this court is not in a position to determine whether the appeal may proceed without further information. Mr. Rasmussen shall have 20 days from the date of this order to inform this court in writing whether respondent Kremer has died. If she has died, Mr. Rasmussen shall inform this court that there is a representative that may be substituted in her place so that this appeal may proceed and file a motion for substitution of parties under NRAP 43(a) or inform this court that there is no personal representative for Kremer. See NRAP 43(a); Walker v. Burkham, 68 Nev. 250, 256, 229 P.2d 158, 161 (1951) (stating that with death of respondent during pendency of appeal and no appointment of personal representative for decedent's estate, court's decision would be 'a nullity so far as concerns the respondent's interest'). Furthermore, Mr. Rasmussen shall have 20 days from the date of this order to file a status report specifically informing this court whether respondent Wolfinger also filed a bankruptcy petition and advising this court as to the status of any such proceeding. Finally, appellant shall have 45 days from the date of this order to advise this court in writing whether the judgment against respondents that is the subject of this appeal was discharged as a result of the order entered on November 22, 2000, in Kremer's bankruptcy proceeding and the effect that any such discharge has on the continuing prosecution of this appeal. | | 05-15776
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| 08/17/2005 | Notice/Incoming | Filed Status Report. Re: Death of Marion Kremer and Susan Wolfinger's Bankruptcy. | | 05-16319
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| 09/09/2005 | Motion | Filed Response to Order to Show Cause. Response to Order regarding Bankruptcy Status Report, Suggestion of Death of Respondent Kremer, and Status of Appeal. | | 05-17922
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| 12/21/2005 | Order/Procedural | Filed Order. Order Dismissing Appeal and Cross-Appeal in Part, Removing Case from Settlement, Reinstating Briefing Schedule, and Granting Motion to Withdraw as Counsel for Respondents. Because respondent Marion R. Kremer has passed away and there apparently is no representative to substitute in her place, we dismiss her cross-appeal. The clerk of this court shall remove Kremer as a cross-appellant on this court's caption.
Appellant can no longer prosecute her appeal as to Kremer. We dismiss the appeal as to Kremer. The clerk of this court shall remove Kremer as a respondent on this court's caption. Respondents' counsel also informs this court that Wolfinger filed a Chapter 13 bankruptcy petition. We conclude that this case is no longer subject to a mandatory bankruptcy stay and that it may proceed. We conclude this case should be removed from the settlement program and we reinstate the briefing schedule. Opening brief and appendix due: 60 days. We grant attorney Chris Rasmussen's motion to withdraw as counsel for respondents. Wolfinger shall have 30 days from the date of this order to: (1) obtain counsel and cause counsel to enter an appearance in this court or (2) inform this court in writing that she does not intend to obtain counsel to represent her. Wolfinger's failure to respond to this order may result in the dismissal of her cross-appeal and submission of appellant's appeal for decision based upon the opening brief, appendix, and papers filed herein. | | 05-24813
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| 02/23/2006 | Motion | Filed Motion to Extend Time. | | 06-04003
|
| 02/27/2006 | Order/Procedural | Filed Order Granting Motion. Opening brief and appendix due: April 21, 2006. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. | | 06-04267
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| 03/06/2006 | Motion | Filed Stipulation/Dismiss Appeal. and Cross-Appeal. | | 06-04899
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| 03/09/2006 | Order/Dispositional | Filed Stipulated Dismissal. Pursuant to the stipulation of the parties and cause appearing, " . . . this appeal and cross-appeal are dismissed." The parties shall bear their own costs and attorney fees. NRAP 42(b). SNP/CLK | | 06-05182
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| 03/09/2006 | Case Status Update | Case Closed. No remittitur issued. | | |