FCH1, L.L.C. v. Rodriguez

59630: Case View

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Cases Case Search Participant Search Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 59630 Short Caption: FIESTA PALMS, LLC VS. RODRIGUEZ Classification: Civil Appeal - General - Other Lower Court Case(s): Clark Co. - Eighth Judicial District - A531538 Case Status: Remittitur Issued/Case Closed Disqualifications: Parraguirre Panel Assigned: Panel Replacement: Justice Pickering for Justice Parraguirre To SP/Judge: 11/21/2011 / Shirinian, Ara SP Status: Completed Oral Argument: 12/10/2013 at 10:00 AM Oral Argument Location: Regional Justice Center Submission Date: 12/10/2013 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant FCH1, LLC Appellant Fiesta Palms, LLC Jeffery A. Bendavid (Moran Law Firm, LLC) Adam S. Davis (Moran Law Firm, LLC) Jennifer C Dorsey (Kemp, Jones & Coulthard, LLP) Robert L. Eisenberg (Lemons, Grundy & Eisenberg) Keith R. Gillette (Archer Norris) J. Randall Jones (Kemp, Jones & Coulthard, LLP) John M. Naylor (Lionel Sawyer & Collins/Las Vegas) Marsha L. Stephenson (Stephenson & Dickinson) Kenneth C. Ward (Archer Norris) Appellant The Palms Casino Resort Respondent Enrique Rodriguez Steven M. Baker (Benson, Bertoldo, Baker & Carter, Chtd.) Matthew L. Sharp (Matthew L. Sharp, Ltd.) Michael K. Wall (Hutchison & Steffen, LLC) 14-32754: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Docket Entries Date Type Description Pending? Document 11/09/2011 Filing Fee Filing fee due for Appeal. 11/09/2011 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. 11-34632 11/09/2011 Notice/Outgoing Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. 11-34634 11/14/2011 Filing Fee E-Payment $250.00 from Robert L. Eisenberg 11/15/2011 Notice/Outgoing Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. 11-35123 11/21/2011 Settlement Notice Issued Notice: Assignment to Settlement Program - Settlement Judge: Ara H. Shirinian. 11-35959 11/21/2011 Motion Filed Appellant's Emergency Motion Under NRAP 27(e) Requesting (1) Temporary Stay of Order Requiring $5.5 Million Bond, and (2) Order Vacating Bond Requirement. 11-35990 11/21/2011 Appendix Filed Appendix to Emergency Motion. 11-35996 11/22/2011 Notice/Incoming Filed Notice of Supplemental Exhibit for Emergency Motion Filed on November 21, 2011. 11-36088 11/22/2011 Notice/Incoming Filed Notice of Association of Counsel 11-36149 11/23/2011 Motion Filed Opposition to Appellant's Emergency Motion Requesting Temporary Stay of Order Requiring $5.5 Million Bond, and Order Vacating Bond Requirement. 11-36263 11/28/2011 Docketing Statement Filed Docketing Statement - Civil Appeals. 11-36393 11/28/2011 Motion Filed Motion to File Reply in Excess of Five Pages. 11-36472 11/28/2011 Motion Received Reply in Support of Emergency Motion under NRAP 27(e). (Received via E-flex). (FILED PER ORDER 11/29/11) 11/29/2011 Order/Procedural Filed Order Granting Motion for Leave to File Reply with Excess Pages. We grant the motion and direct the clerk of this court to file the reply provisionally received in this court on November 28, 2011. 11-36638 11/29/2011 Motion Filed Reply to Respnse Reply in Support of Emergency Motion Under NRAP 27(e). 11-36640 12/02/2011 Order/Procedural Filed Order Granting Stay. The district court's November 17, 2011, order requiring appellant to post a supersedeas bond is hereby stayed pending further order of this court. 11-36954 12/12/2011 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for January 17, 2012. 11-37981 12/16/2011 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. 11-38871 03/16/2012 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. (Second Amended). 12-08416 03/16/2012 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 12-08493 03/22/2012 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 15 days transcript request; 90 days opening brief and appendix. 12-09089 03/23/2012 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: September 15, 2010; October 20, 2010; October 25, 2010; November 10, 2010; January 27, 2011; July 5, 2011 & October 27, 2011. To Court Reporter: Vicotria Boyd. 12-09380 04/24/2012 Notice/Incoming Filed Notice of Disassociation of Counsel (Marsha L. Stephenson of Stephenson & Dickinson Law Firm). 12-12997 05/18/2012 Notice/Incoming Filed Notice of Non-Association (Moran Law Firm). 12-15843 06/19/2012 Motion Filed Motion for Extension of Time to File Opening Brief. 12-19254 06/19/2012 Notice/Outgoing Issued Notice Motion Approved. Opening Brief due: July 20, 2012. 12-19261 06/22/2012 Motion Filed Motion to Change Case Caption. 12-19611 07/16/2012 Order/Procedural Filed Order Granting Motion. The clerk of this court is directed to change the caption to conform to the caption on this order. 12-22396 07/19/2012 Motion Filed Motion for Permission to File Opening Brief in Excess of Word Count Limitation; Certificaion of Counsel. 12-22790 07/19/2012 Brief Received Appelleant's Opening Brief (via E-Flex). (FILED PER ORDER 8/14/12) 07/19/2012 Appendix Filed Appendix to Opening Brief Vols 1 thru 16 - CD-ROM included. 12-22809 08/14/2012 Order/Procedural Filed Order Granting Motion to Exceed Type-Volume Word Limit. We grant the motion and direct the clerk of this court to file the opening brief provisionally received on July 19, 2012. 12-25540 08/14/2012 Brief Filed Appellant's Opening Brief. 12-25541 09/10/2012 Motion Filed Stipulation For Extension Of Time To File Answering Brief. 12-28488 09/10/2012 Notice/Outgoing Issued Notice Stipulation Approved. Answering Brief due: October 13, 2012. 12-28490 10/09/2012 Motion Filed Motion to Extend Time to File Answering Brief (Second Request). 12-31996 10/30/2012 Notice/Incoming Filed Substitution of Attorneys (Kemp, Jone & Coulthard substituted as attorney of record for appellants FCH1 & Fiesta Palms in the place and stead of Lionel, Sawyer & Collins). 12-34305 11/01/2012 Motion Filed Motion For Permission To File Answering Brief In Excess Of Word Count Limitation; Certification Of Counsel. 12-34485 11/01/2012 Brief Received Respondent's Answering Brief (via E-Flex). (FILED PER ORDER 11/8/12) 11/08/2012 Order/Procedural Filed Order Granting Motions for Extension of Time and Excess Pages. We grant the motions and direct the clerk of this court to file the answering brief provisionally received on November 1, 2012. 12-35318 11/08/2012 Brief Filed Respondent Enrique Rodriguez' Answering Brief. 12-35319 11/30/2012 Motion Filed Stipulation for Extension of Time for Reply Brief. 12-37911 11/30/2012 Notice/Outgoing Issued Notice Stipulation Approved. Reply Brief due: January 09, 2013. 12-37914 01/09/2013 Motion Filed Motion for Extension of Time for Reply Brief (Second Request). 13-00965 01/24/2013 Notice/Incoming Filed Notice Of Entry Of Order In Eighth Judicial District Court. 13-02558 01/25/2013 Other Justice Ron Parraguirre disqualified from participation in this matter. Disqualification Reason: Kemp Jones & Coulthard Law Firm. 01/25/2013 Order/Procedural Filed Order Granting Motion for Extension of Time. Appellant: Reply brief due: February 8, 2013. 13-02647 02/06/2013 Motion Filed Motion for Permission to File Reply Brief in Excess of Word Count Limitation; Certification of Counsel. 13-03895 02/06/2013 Brief Filed Appellant's Reply Brief. 13-03901 02/06/2013 Appendix Filed Appellant's Reply Appendix - Volume 17. 13-03902 02/06/2013 Case Status Update Briefing Completed/To Screening. 02/12/2013 Order/Procedural Filed Order Denying as Moot Motion for Leave to File Briefs in Excess of the Type-Volume Word Limitation. 13-04410 03/15/2013 Order/Procedural Filed Order Regarding Notice. We take no action concerning the request to convert the December 2 stay. 13-07910 09/04/2013 Order/Procedural Filed Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to schedule this matter for oral argument before the Northern Nevada Panel on the next available calendar. 13-26067 09/09/2013 Letter/Incoming Received Letter from attorney Robert Eisenberg requesting that oral argument not be scheduled during the week of November 11. 10/07/2013 Notice/Outgoing Issued Notice Scheduling Oral Argument. Oral argument is scheduled for Tuesday, December 10, 2013, @ 10:00 a.m. in Las Vegas. Argument shall be limited to 30 minutes. 13-29781 11/25/2013 Notice/Incoming Filed Notice Appellant's Supplemental Authorities. 13-35635 11/26/2013 Notice/Outgoing Issued Oral Argument Reminder Notice. 13-35700 12/06/2013 Notice/Incoming Filed Notice from KSNV Las Vegas Ch. 3, NBC, requesting permission to videotape oral argumnets being held on December 10, 2013. 13-36831 12/09/2013 Order/Procedural Filed Order Granting Media Request. A request having been made seeking access to the Supreme Court of Nevada for the purpose of photographic or electronic coverage of the hearing to be held Tuesday, December 10, 2013, at 10:00 a.m. in Las Vegas. Joyce Kotnik-Klevins of KSNV Las Vegas Channel 3 is designated as pool coordinator. 13-36895 12/10/2013 Case Status Update Oral argument held this day. Case submitted for decision. To the Northern Nevada Panel. NNP13-JH/RP/MC. 06/05/2014 Opinion/Dispositional Filed Authored Opinion. "Reversed and remanded with instructions." Before Pickering/Hardesty/Cherry. Author: Pickering, J. Majority: Pickering/Hardesty/Cherry. 130 Nev. Adv. Opn. No. 46. NNP13 (OPINION REPLACED WITH AMENDED OPINION FILED 10/2/14) 06/16/2014 Motion Filed Motion For Extension of Time to File a Petition for Rehearing. 14-19817 06/17/2014 Order/Procedural Filed Order Granting Motion. Respondent shall have until July 7, 2014, to file the petition for rehearing. 14-19891 06/25/2014 Notice/Incoming Filed Notice of Association of Counsel (Matthew L. Sharp has associated with Michael K. Wall of Hutchison & Steffen, LLC in representing Respondent Enrique Rodriguez). 14-20850 07/03/2014 Post-Judgment Petition Filed Respondent's Petition for Rehearing. 14-21821 07/03/2014 Filing Fee Filing fee paid. E-Payment $150.00 from Matthew L. Sharp. 07/09/2014 Order/Procedural Filed Order Directing Answer to Petition for Rehearing. Appellant's Answer due: 15 days. 14-22268 07/24/2014 Post-Judgment Petition Filed Answer to Petition for Rehearing. 14-24170 10/02/2014 Post-Judgment Order Filed Order Denying Rehearing and Amending Opinion. "The petition for panel rehearing is denied." The opinion filed in this matter, FCH1, LLC v. Rodriguez (Adv. Op. 46, June 5, 2014), is amended by the opinion filed concurrently with this order. NRAP 40(c). 14-32752 10/02/2014 Opinion/Non-Dispositional Filed Authored Amended Opinion. "Reversed and remanded with instructions." Before: Pickering/Hardesty/Cherry. Author: Pickering, J. Majority: Pickering/Hardesty/Cherry. 130 Nev. Adv. Opn. No. 46. (AMENDED OPINION REPLACES ORIGINAL OPINION FILED 6/5/14) 14-32754 10/27/2014 Remittitur Issued Remittitur. 14-35677 10/27/2014 Case Status Update Remittitur Issued/Case Closed 11/14/2014 Remittitur Filed Remittitur. Received by District Court Clerk on November 4, 2014. 14-35677