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United States Court Cases

Nevada Supreme/Appellate Court Record

FULLERTON VS. STATE OF NEVADA

Case Information: 35189
Short Caption:FULLERTON VS. STATE OF NEVADACourt:Supreme Court
Related Case(s): 33416 , 33562 , 43988 , 44077
Lower Court Case(s):Washoe Co. - Second Judicial District - CV915979Classification:Civil Appeal - General - Other
Disqualifications:AgostiCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:12/06/1999 / Gruesen, ThomasSP Status:Completed
Oral Argument:06/27/2002 at 11:00 AMOral Argument Location:Carson City
Submission Date:06/27/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/24/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Mortimer Sourwine & Sloane, Ltd.--check no. 6502.
11/24/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-11751
12/01/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Ann Morgan. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
12/06/1999Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Thomas W. Gruesen, Sr.
12/06/1999MotionFiled Motion. Notice of Withdrawal of Counsel. 99-12233
12/21/1999MotionFiled Response to Motion. Appellant's Fullerton and Bennett's Response/Objection to Notice of Withdrawal of Counsel. 99-13006
01/21/2000Order/ProceduralFiled Order. On December 6, 1999, attorney Paul A. Matteoni filed a notice of withdrawal as counsel for respondent Thread Technology, Inc. On December 21, 1999, appellants filed an objection. The district court notice did not, however, operate to substitute Thread Technology, Inc. and John T. Schell, III, as attorney of record for Thread Technology in this appeal. Respondent Thread Technology, Inc., shall, within 30 days from the date of this order, retain new counsel to represent it in this appeal and cause new counsel to file a notice of appearance with the clerk of this court. New counsel will be expected to participate in the settlement proceedings. 00-00982
01/31/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: February 17, 2000. 00-01540
02/24/2000Notice/IncomingFiled Notice of Appearance. Representing respondent Thread Technology: Jeffrey A. Dickerson. 00-02943
03/06/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-03514
03/07/2000Notice/OutgoingIssued Notice to File Docketing Statement. Due Date: 15 days
03/10/2000MotionFiled Motion to Dismiss Appeal. 00-03810
03/14/2000MotionFiled Response to Motion. Respondent's Opposition to Dismiss Appeal. 00-04019
03/22/2000Docketing StatementFiled Docketing Statement. 00-04600
04/06/2000Order/ProceduralFiled Order. The parties were unable to agree to a settlement of this matter. Nevertheless, the briefing and request for transcripts shall remain suspended pending a jurisdictional review and further order of this court. fn1[We defer ruling on appellants' motion filed on March 10, 2000, pending completion of our preliminary jurisdictional review.] 00-05539
05/17/2000Notice/IncomingFiled Notice. Notice of Change of Firm Address for Law Office of Jeffrey A. Dickerson. 00-08279
12/29/2000Order/ProceduralFiled Order/Briefing Reinstated. On March 10, 2000, appellants filed a motion to dismiss their appeal, which respondents have opposed. We conclude that this appeal should proceed, and we defer ruling on appellants' motion to dismiss their appeal until the completion of briefing. fn1[Appellants may move for voluntary dismissal of their appeal pursuant to NRAP 42(b).] Appellants: 15 days to comply with the provisions of NRAP 9(a) and 120 days to file and serve the opening brief and appendix. Briefing shall proceed with NRAP 31(a)(1). 00-22726
01/05/2001Transcript RequestFiled Certificate of No Transcript Request. 01-00304
04/20/2001MotionFiled Motion and Order/Excess Pages. Granted: 40 pages. 01-06800
04/26/2001BriefFiled Opening Brief. Mailed on: Hand delivered 04/26/01 (Reno/Carson). 01-07074
04/26/2001AppendixFiled Appendix to Opening Brief. Vols. 1 through 6. 01-07075
05/25/2001BriefFiled Answering Brief. Mailed on: Hand delivered 05/25/01. 01-08834
05/29/2001BriefFiled Answering Brief. Answering Brief of Respondent Thread Technology, Inc. Mailed on: Reno/Carson Messenger 5/29/01. 01-08947
05/31/2001Notice/IncomingFiled Certificate of Compliance. 01-09131
06/22/2001MotionFiled Stipulation and Order. Brief due: July 13, 2001. 01-10625
07/12/2001BriefFiled Reply Brief. Mailed on: Hand delivered 07/12/01 (Reno/Carson). 01-11853
07/17/2001Order/ProceduralFiled Order. On May 31, 2001, Mr. Dickerson filed a certificate of compliance. That certificate does not meet the requirements of NRAP 28A(b). Mr. Dickerson shall, within 10 days from the date of this order, file a proper certificate of compliance. 01-12121
07/24/2001Notice/IncomingFiled Certificate of Compliance. for Appellant's Reply Brief. 01-12571
07/30/2001MotionFiled Motion. Motion for Order Allowing Substitution of Appendix to Include Thread Technology Inc.'s Opposition to Motion for Final Determination re: Patent License. 01-12849
08/09/2001Order/ProceduralFiled Order Denying Motion. Appellants filed a Motion to Dismiss their appeal on jurisdictional grounds. Respondents have filed an opposition. We deny the motion to dismiss appellant's appeal. Fn1[Based on the notice of appeal, this court assumes First Phoenix is still an appellant in this matter. The parties shall notify this court within 10 days if First Phoenix is no longer an appellant.] 01-13499
08/14/2001Order/ProceduralFiled Order Granting Motion. filed July 30, 2001. The clerk of this court shall file the supplement to the appendix that is attached to the motion. 01-13860
08/14/2001AppendixFiled Appendix. Supplement to Appendix. 01-13867
08/16/2001Notice/IncomingFiled Status Report. Statement by Appellant's Counsel Regarding Status of First Phoenix Inc., in this Appeal. 01-13975
08/29/2001Order/ProceduralFiled Order/Show Cause. fn1[Pursuant to our inquiry, appellants have notified this court that First Phoenix is no longer a party in this case because the complaint as to First Phoenix was dismissed on November 15, 1991. But on November 19, 1991, an amended complaint was filed, naming First Phoenix as a defendant. Consequently, this court is not persuaded that First Phoenix should be removed from the court's docket as an appellant.] Response due from appellants: 30 days from the date of this order. We caution appellants that this appeal may be dismissed for lack of jurisdiction if appellants fail to demonstrate that jurisdiction is proper within 30 days of the date of this order. 01-14598
09/18/2001Notice/IncomingFiled Notice of Change of Address. Attorney Jeffrey Dickerson. 01-15787
09/19/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 01-15852
11/27/2001Notice/OutgoingIssued Notice to Transmit Required Document. Stipulation & Order entered 9/6/01. Due Date: 10 days
11/30/2001Order/IncomingFiled District Court Order. Certified copy of Stipulation and Order Dismissing Second Claim for Relief of Amended Complaint and Confirming Dismissal of First Phoenix filed in district court on September 6, 2001. 01-20072
12/19/2001Order/ProceduralFiled Order. Allowing Appeal to Proceed. fn1[on September 6, 2001, the district court confirmed its November 1991 consent order dismissing First Phoenix as a defendant. We direct the clerk of this court to delete First Phoenix from the caption on this court's docket.] In response to our show cause order, the parties obtained from the district court a stipulated order filed September 6, 2001, dismissing with prejudice the second claim for relief. Appellants then filed an amended notice of appeal. We construe appellants' statement in the amended notice of appeal, that the September 6, 2001 order rendered the October 8, 1999 order final and appealable, to indicate an intent to appeal from both orders. Thus, appellants' amended notice of appeal properly confers jurisdiction on this court. We shall allow this appeal to proceed. 01-21374
12/28/2001OtherDisqualification of Justice Agosti. Sat in related district court proceedings.
04/08/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 27, 2002, at 11:00 a.m. (En Banc)
06/12/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
06/27/2002Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC
07/12/2002MotionFiled Motion. Request for Supplementation of the Record. 02-12000
07/31/2002Order/ProceduralFiled Order Granting Motion. On July 12, 2002, respondent Thread Technology, Inc. filed a motion entitled, "Request for Supplementation of the Record." attached to the motion is a copy of an unpublished decision from the United States District Court for the Eastern District of Virginia decided on December 9, 1999. Appellants have not opposed the motion. This court will consider the decision attached to the motion in or disposition of this appeal. 02-13135
10/18/2002Order/ProceduralFiled Order. To assist this court in properly resolving this appeal, we have determined that the appellate court record should be supplemented with the indictment and amended indictment filed in the criminal proceedings against appellants. Accordingly, the clerk of the district court shall, within 10 days from the date of this order, certify and transmit to this court the indictment filed on November 18, 1992, and the amended indictment filed on January 20, 1998, in the case of State v. Fullerton, Second Judicial District Court Case No. CR-92-2166. 02-18176
10/18/2002Other Other. Received (via fax) copy of indictment filed on November 18, 1992, and the amended indictment filed on January 20, 1998, in the case of State v. Fullerton, Second Judicial District Court Case No. CR-92-2166. 02-18183
10/29/2002Order/DispositionalFiled Dispositional Order/Appeal. Affirming in Part, Reversing in Part and Remanding. "We reverse those portions of the district court's order granting summary judgment on the Brinkley and Colvin claims and awarding $20,000.00 plus interest on McVickers' claim for goods and services and $1,907.28 plus interest on the Hackbarths' claim for goods and services. We affirm the district court's orders in all other respects and remand this matter to the district court for further proceedings consistent with this order.' fn28[We have considered appellants' remaining claims of error and find them to be without merit.] En Banc-WM/CY/MS/RR/ML/NB 02-18633
11/26/2002RemittiturIssued Remittitur. 02-18885
11/26/2002Case Status Update Remittitur Issued/Case Closed.
12/20/2002RemittiturFiled Remittitur. Received by County Clerk on December 2, 2002. 02-18885