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Case Information: 78685
Short Caption:NAT'L GOLD MINING CORP. VS. HYGRADE GOLD CO. LTD. C/W 78984Court:Supreme Court
Consolidated:78685*, 78984Related Case(s):78984
Lower Court Case(s):Humboldt Co. - Sixth Judicial District - CV0019112Classification:Civil Appeal - General - Other
Disqualifications:Case Status:En Banc Reconsider Filed
Replacement:Panel Assigned: En Banc
To SP/Judge:06/12/2019 / Clark, J.SP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:04/15/2021How Submitted:On Briefs

+ Party Information

+ Due Items

Docket Entries
DateTypeDescriptionPending?Document
05/01/2019Filing FeeFiling Fee Paid. $250.00 from Parsons Behle & Latimer. Check no. 9264. (Appellant Nat'l Gold Mining Corp.) (SC)
05/01/2019Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (Appellant Nat'l Gold Mining Corp.) (SC)19-19109
05/01/2019Filing FeeFiling Fee Paid. $250.00 from C. Nicholas Pereos, Ltd. Check no. 3249. (Appellants Whelchel) (SC)
05/01/2019Notice of Appeal DocumentsFiled Notice of Appeal. (Docketing statement mailed to counsel for appellant.) (Appellant Whelchel) (SC)19-19110
05/01/2019Notice/OutgoingIssued Notice to File Case Appeal Statement/Civil. Due date: 10 days. (Appellant Nat'l Gold Mining Corp.) (SC)19-19113
05/01/2019Notice/OutgoingIssued Notice to File Case Appeal Statement/Civil. Due date: 10 days. (Appellants Whelchel) (SC)19-19117
05/01/2019Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. (SC)19-19119
05/10/2019Notice of Appeal DocumentsFiled Joint Case Appeal Statement. (SC)19-20583
05/13/2019Notice/OutgoingIssued Notice of Deficient Case Appeal Statement. Corrected case appeal statement due: 10 days.19-20755
05/13/2019Notice of Appeal DocumentsFiled Copy of District Court Docket Entries. (SC)19-20886
05/22/2019Docketing StatementFiled Appellant National Gold Mining Corp.'s Docketing Statement Civil Appeals. (SC)19-22477
05/28/2019Order/ProceduralFiled Order. The parties shall, within ten days from the date of this order, file a corrected case appeal statement with the Supreme Court Clerk's Office. (SC).19-22942
05/30/2019Notice of Appeal DocumentsFiled Amended Joint Case Appeal Statement. (SC)19-23478
05/31/2019Notice/OutgoingIssued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties. (SC)19-23734
06/12/2019Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: J. Douglas Clark. (SC).19-25392
06/18/2019MotionFiled Appellant National Gold Mining Corp., a Nevada Corporation's Motion to Consolidate (78685/78984). (SC)19-26255
07/02/2019Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for August 15, 2019, at 9:00 am. Case Nos. 78685/78984. (SC).19-28394
07/25/2019Notice/IncomingFiled Notice of Disassociation of Counsel. (SC)19-31552
08/09/2019Notice/IncomingFiled Respondent's Suggestion of Death of Appellant Betty J. Whelchel. (SC)19-33644
08/12/2019MotionFiled Respondent's Motion to Substitute Proper Party. (SC)19-33720
08/15/2019MotionFiled State's Opposition to Motion to Substitute Proper Party. (SC)19-34309
08/15/2019Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. Case Nos. 78685/78984. (SC).19-34439
08/19/2019Notice/IncomingFiled Substitution of Counsel (REJECTED PER NOTICE ISSUED AUGUST 19, 2019). (SC)
08/19/2019Notice/OutgoingIssued Notice of Rejection of Filed Document (Substitution of Counsel). (SC)19-34726
08/20/2019MotionFiled Respondent's Reply in Support of Motion to Substitute Proper Party. (SC)19-34933
08/21/2019Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 06/28/17, 06/29/17, 06/30/17. To Court Reporter: Julie Rowan (REJECTED PER NOTICE ISSUED AUGUST 22, 2019). (SC)
08/22/2019Notice/OutgoingIssued Notice of Rejection of Filed Document (Transcript Request). (SC)19-35316
08/23/2019Notice/IncomingFiled Notice of Appearance of Counsel (John P. Rutledge as counsel for Respondent Hygrade Gold Company Lld.).19-35365
08/23/2019Settlement Order/ProceduralFiled Order Concluding Settlement Proceedings. The parties were unable to agree to a settlement. The settlement proceedings are concluded. Briefing and the requesting of transcripts shall remain suspended, however, pending further order of this court. (SC).19-35405
09/17/2019Notice of Appeal DocumentsFiled Copy of District Court Docket Entries. (SC)19-38791
10/10/2019Order/ProceduralFiled Order Consolidating Appeals and Granting Motion. The clerk of this court shall consolidate these appeals for all appellate purposes. Respondent has filed a motion to substitute the State of Nevada as the Special Administrator for the Estate of Betty J. Whelchel in place of Betty J. Whelchel. This court grants the motion. The clerk of this court shall substitute "the State of Nevada ex officio as Public Administrator of the Estate of Betty Whelchel" in place of Betty Whelchel on this court's docket, and shall amend the caption in these consolidated appeals accordingly. Nos. 78685/78984. (SC).19-41962
10/10/2019Notice/IncomingFiled Respondent's Certificate of Service (Order Consolidating Appeals and Granting Motion). Nos. 78685/78984. (SC)19-42043
11/20/2019Notice/IncomingFiled Substitution of Counsel (Robert L. Eisenberg and Todd R. Alexander of Lemons, Grundy & Eisenberg in place of Ryan Leary of Laxalt & Normura, Ltd. as counsel for Respondent). Nos. 78685/78984.(SC)19-47440
02/11/2020MotionFiled The State of Nevada Ex Officio as Public Administrator of the Estate of Betty Whelchel's Notice of Dismissal of Appeal. Nos. 78685/78984. (SC)20-05682
03/17/2020Order/ProceduralFiled Order Dismissing Appeal. The motion filed by the State of Nevada Ex Officio as Public Administrator for the estate of appellant Betty Whelchel for a voluntary dismissal of appeal is granted as follows. The appeal in Docket No. 78685 is dismissed as to "State Of Nevada Ex Officio as Public Administrator of the Estate Of Betty J. Whelchel, Deceased, Widow To William E. Whelchel" only. Nos. 78685/78984. (SC)20-10372
04/17/2020Order/ProceduralFiled Order Reinstating Briefing. Appellants: Transcript Request Form due: 14 days; Combined Opening Brief and Appendix due: 90 days. Nos. 78685/78984. (SC)20-14745
04/28/2020Transcript RequestFiled Request for Transcript of Proceedings (REJECTED PER 04/28/20 NOTICE). Nos. 78685/78984. (SC).
04/28/2020Transcript RequestFiled Request for Transcript of Proceedings (REJECTED PER 04/28/20 NOTICE). Nos. 78685/78984. (SC).
04/28/2020Notice/OutgoingIssued Notice of Deficient Transcript Request. Nos. 78685/78984. (SC).20-16087
04/30/2020Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 06/28/17, 06/29/17, 04/28/17. To Court Reporter: Julie Rowan. Nos. 78685/78984. (SC).20-16465
06/16/2020TranscriptFiled Notice from Court Reporter. Julie Rowan stating that the requested transcripts were delivered. Dates of transcripts: 06/28/17, 06/29/17, 04/28/17. Nos. 78685/78984. (SC)20-22383
07/06/2020MotionFiled Appellant National Gold Mining Corp.'s Motion for Extension of Time to File Opening Brief (First Request). Nos. 78685/78984. (SC)20-24798
07/06/2020MotionFiled Appellant National Gold Mining Corp.'s Motion for Extension of Time to File Opening Brief (First Request). (SC)20-24801
07/07/2020MotionFiled Respondent's Limited Opposition to Motion for Extension of Time to File Opening Brief. Nos. 78685/78984. (SC).20-25002
07/07/2020MotionFiled Appellant's Reply in Support of Motion for Extension of Time to File Opening Brief. Nos. 78685/78984. (SC).20-25043
07/07/2020MotionFiled Appellant's Reply in Support of Motion for Extension of Time to File Opening Brief. Nos. 78685/78984. (SC).20-25044
07/16/2020Order/ProceduralFiled Order Granting Motion. Appellant's Opening Brief and Appendix due: September 4, 2020. Nos. 78685/78984. (SC).20-26151
09/04/2020BriefFiled Appellants' Opening Brief. Nos. 78685/78984. (SC)20-32848
09/04/2020AppendixFiled Appellant's Appendix - Volume I. Nos. 78685/78984. (SC)20-32849
09/04/2020AppendixFiled Appellant's Appendix - Volume III. Nos. 78685/78984. (SC)20-32850
09/04/2020AppendixFiled Appellant's Appendix - Volume II. Nos. 78685/78984. (SC)20-32851
09/04/2020AppendixFiled Appellant's Appendix - Volume IV. Nos. 78685/78984. (SC)20-32852
09/04/2020AppendixFiled Appellant's Appendix - Volume V. Nos. 78685/78984. (SC)20-32853
09/04/2020AppendixFiled Appellant's Appendix - Volume VI. Nos. 78685/78984. (SC)20-32854
09/10/2020MotionFiled Respondent's Motion to Dismiss National Gold Mining Corp's Appeal as Moot. Nos. 78685/78984. (SC)20-33431
09/15/2020MotionFiled Respondent's Motion to Dismiss Appeal. Nos. 78685/78984 (SC)20-33938
09/15/2020MotionFiled Respondent's Motion Request to Suspend Briefing Scheduling. Nos. 78685/78984 (SC)20-33942
09/17/2020MotionFiled National Gold Mining Corp.'s Opposition to Respondent's Motion to Dismiss National Gold Mining Corp.'s Appeal as Moot. Nos. 78685/78984. (SC)20-34353
09/22/2020MotionFiled National Gold Mining Corp.'s Opposition to Respondent's Motion to Dismiss Neil Whelchel's Appeal. Nos. 78685/78984. (SC)20-34917
09/22/2020MotionFiled National Gold Mining Corp.'s Response to Respondent's Request to Suspend Briefing Schedule Until Court Rules on Pending Motions to Dismiss. Nos. 78685/78984. (SC)20-34918
09/22/2020MotionFiled Respondent's Reply in Support of Motion to Dismiss National Gold Mining Corp.'s Appeal as Moot. Nos. 78685/78984. (SC)20-34922
09/25/2020MotionFiled Respondent's Reply in Support of Motion to Dismiss Neil Whelchel's Appeal as Untimely and Moot. Nos. 78685/78984. (SC)20-35408
09/25/2020MotionFiled Respondent's Reply in Support of Request to Suspend Briefing Schedule. Nos. 78685/78984. (SC)20-35409
10/01/2020MotionFiled Stipulation for Extension for Answering Brief. (SC)20-36153
10/02/2020Order/ProceduralFiled Order Denying Motions. Having considered the arguments of the parties, it appears that the issues are substantially intertwined with the merits of the appeal and are not appropriate for resolution on a motion to dismiss. The motion is denied. At this point, this court declines to dismiss the appeal as to Neil Whelchel, but reserves its right to consider the questions of standing and mootness as the appeal progresses. Respondent shall have 30 days from the date of this order to file and serve the answering brief. fn1 [Respondent's motion to suspend the briefing schedule is denied as moot.] Nos. 78685/78984. (SC)20-36227
11/02/2020BriefFiled Respondent's Answering Brief. Nos. 78685/78984. (REJECTED PER NOTICE ISSUED 11/02/20). (SC)
11/02/2020Notice/OutgoingIssued Notice of Rejection of Deficient Brief. Corrected answering brief due: 5 days. Nos. 78685/78984. (SC)20-39910
11/03/2020BriefFiled Respondent's Answering Brief. Nos. 78685/78984. (SC)20-39947
11/03/2020AppendixFiled Respondent's Appendix - Volume 1. Nos. 78685/78984. (SC)20-39955
12/01/2020Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant National Gold Mining Corp. shall have until December 17, 2020, to file and serve its reply brief. Nos. 78685/78984. (SC)20-43472
12/17/2020BriefFiled Appellants' Reply Brief. Nos. 78685/78984. (SC)20-45764
12/17/2020AppendixFiled Appellants' Appendix Volume 7. Nos. 78685/78984. (SC)20-45765
12/18/2020Case Status UpdateBriefing Completed/To Screening. Nos. 78685/78984. (SC)
04/15/2021Order/ProceduralFiled Order Submitting for Decision Without Oral Argument. Nos. 78685/78984. (SC)21-10913
07/01/2021Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP21-EC/KP/DH Nos. 78685/78984. (SC)21-18903
07/09/2021Order/Clerk'sFiled Order Granting Telephonic Extension. Appellants' Petition for Rehearing due: August 2, 2021. Nos. 78685/78984. (SC)21-19705
08/02/2021Post-Judgment PetitionFiled Appellants' Petition for Rehearing. Nos. 78685/78984. (SC)21-22415
08/02/2021Filing FeeFiling fee paid. E-Payment $150.00 from Ashley C. Nikkel. (SC)
08/16/2021Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Nos. 78685/78984. (SC)21-23722
08/30/2021Post-Judgment PetitionFiled Appellants' Petition for En Banc Reconsideration. Nos. 78685/78984. (SC)Y21-25254
09/17/2021Order/ProceduralFiled Order Directing Answer to Petition for En Banc Reconsideration. Answer due: 14 days. Nos. 78685/78984. (SC)21-27058