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United States Court Cases

Nevada Supreme/Appellate Court Record

WYNN VS. SMITH C/W 31220/31221

Case Information: 31063
Short Caption:WYNN VS. SMITH C/W 31220/31221Court:Supreme Court
Consolidated:31063*, 31220 , 31221 Related Case(s): 31220 , 31221
Lower Court Case(s):Clark Co. - Eighth Judicial District - A348109Classification:Civil Appeal - General - Other
Disqualifications:LeavittCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:09/24/1997 / Beatty, ThomasSP Status:Completed
Oral Argument:06/15/2000 at 8:30 AMOral Argument Location:Carson City
Submission Date:06/15/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/22/1997Filing FeeReceived Filing Fee Paid on Filing. (Schreck Morris--check no. 3180-$100.00.)
09/22/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
09/24/1997Notice/OutgoingIssued Notice. Notice of Settlement Conference. Settlement Judge: Thomas D. Beatty. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/07/1997Docketing StatementFiled Docketing Statement.
10/22/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Certified Copy of Amended Notice of Appeal.
10/28/1997Notice/OutgoingIssued Notice. Notice to transmit required document (5/12/97 order; notices of entry of orders filed 5/12/97 and 8/19/97) to Clark County Clerk. Due Date: 10 days.
10/29/1997Other Other. Mailed additional notice of appeal documents to Settlement Judge Beatty.
12/01/1997Other Other. Received letter from Settlement Judge Thomas D. Beatty. He has been advised that No. 31221 is currently in a bankruptcy proceeding with an automatic stay, and he will take no action on no. 31221. (Nos. 31063, 31220, 31221).
12/31/1997Order/ProceduralFiled Case Processing Order. We order both of these appeals stayed pursuant to federal bankruptcy law. Counsel shall have 90 days to file a report re: status of bankruptcy proceedings. We vacate the notice of settlement conference issued on 9/24/97 in no. 31063, and on 10/24/97 in No. 31221. Nos. 31063 and 31221.
03/02/1998Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Settlement Conference Report. The parties were unable to agree to a settlement of this matter.
05/26/1998Notice/IncomingFiled Substitution of Attorneys. JoNell Thomas, Esq., is substituted in the place of Dominic P. Gentile, Esq., as attorney for respondent.
07/02/1998Order/ProceduralFiled Case Processing Order. We conclude that Lyle Stuart and Barricade Books are improperly named as respondents in docket no. 31063, and we direct the clerk of the court to modify the caption to conform to the caption on this order. We terminate the stay of the appeal in no. 31063. We consolidate these appeals for appellate purposes. Appellant Wynn shall have 15 days from the date of this order to comply with NRAP 9(a) in no. 31063, and appellant Smith shall have 15 days to comply with NRAP 9(a) in no. 31220. Wynn shall have 120 days to file and serve the opening brief in no. 31063. Smith shall have 30 days from the date the opening brief is served to file and serve the answering brief in no. 31063. Wynn shall have 30 days from the date the answering brief is served to file and serve any reply brief. Smith shall then have 15 days from the date of Wynn's reply brief to file and serve any reply brief in no. 31220. (Nos. 31063 and 31220)
07/20/1998Transcript RequestFiled Request for Transcript of Proceedings. Transcript of Hearing from counsel for Stephen A. Wynn. Court Reporter: Mary Beth Cook. Nos. 31063, 31220.
07/20/1998Transcript RequestFiled Certificate of No Transcript Request. Certificate pursuant to NRAP 9(a) that No Additional Transcripts shall be ordered from counsel for John L. Smith. Nos. 31063, 31220
08/12/1998TranscriptFiled Transcript. Certificate Acknowledging Transmittal of Certified Transcript to the clerk of the Supreme Court from Court Reporter Mary Beth Cook: all transcripts held on July 28, 1997, to and including August 12, 1997, have been transmitted via first class mail to the clerk of the Supreme Court on or about October 28, 1997. The proceedings held on April 30, 1997 and June 11, 1997, were not reported. Nos. 31063, 31220.
10/13/1998MotionFiled Stipulation and Order. Appellant Wynn may have to and including November 30, 1998, within which to file the opening brief. (31063, 31220).
12/02/1998Order/ProceduralFiled Case Processing Order. In Docket No. 31221 on October 26, 1998, appellants filed a response demonstrating that the U.S. Bankruptcy Court entered an order on June 16, 1998, vacating the automatic stay in this matter. Thyerefore, this appeal may now proceed. The parties were unable to agree to a settlement of this appeal. Appellants: 15 days to comply with NRAP 9(a); 120 days to file and serve the opening brief and appendix. We hereby consolidate this appeal for disposition with nos. 31063 and 31220. Upon completion of briefing of these three appeals, this court will determine whether oral argument is warranted in these consolidated matters. Nos. 31063, 31220, 31221.
12/02/1998BriefFiled Brief. Appellant's Opening Brief for Case Nos. 31063 and 31220. Mailed on 11/30/98. (Nos. 31063, 31220 and 31221.)
12/02/1998AppendixFiled Appendix. Joint Appendix, Vols. 1 through 5 in Case Nos. 31063, 31220. (Nos. 31063. 31220 and 31221.)
12/28/1998MotionFiled Motion and Order Extending Time. Respondent/Appellant shall have to and including February 3, 1999, in cases nos. 31063 & 31220 to file the answering brief (31063, 31220 & 31221).
01/12/1999Other Other. Filed Verified Application for Association of Counsel under SCR 42 for attorney David Blasband. (No. 31221 only) 31063, 31220 & 31221.
02/04/1999MotionFiled Motion. Leave to file 59 page answering brief. 31063, 31220 & 31221
02/04/1999MotionFiled Motion. Motion for Permission to Use Joint Appendix filed in completed case (nos. 31063, 31220 & 31221).
02/04/1999BriefReceived Brief. Respondent/Cross Appellant's Answering Brief. Mailed on 2/2/99. (nos. 31063, 31220 & 31221).
02/16/1999MotionFiled Stipulation. For Extension of Time to File Appellant's Answering/Reply Brief. (nos. 31063, 31220 & 31221).
02/16/1999MotionFiled Stipulation. Stipulation for Submission of Supplemental Appendix. (nos. 31063, 31220 & 31221).
02/16/1999AppendixReceived Appendix. Supplemental Joint Appendix, Vols. I through VIII. (nos. 31063, 31220 & 31221).
02/24/1999Order/Clerk'sFiled Clerk's Order. The motion for leave to file a 59 page opening brief, and the stipulation to file a supplemental joint appendix in nos. 31063 and 31220 are granted. The clerk shall file the answering brief and the supplemental appendix. The stipulation filed February 16, 1999, in nos. 31063 and 31220 is denied as premature. Appellant Wynn shall have 30 days to serve and filed a combined answering/reply brief. The motion filed February 4, 1999, in no. 31211 is granted. Appellants in no. 31221 may reference the joint appendix in nos. 31063 and 31220 in their opening brief. (nos. 31063, 31220 & 31221).
02/24/1999BriefFiled Brief. Respondent/Cross Appellant's Answering Brief. Nos. 31063 and 31220. Original brief filed in 31063. (nos. 31063, 31220 & 31221).
02/24/1999AppendixFiled Appendix. Supplemental Joint Appendix, Vols. I through VIII. Filed in no. 31063. (nos. 31063, 31220 & 31221).
03/19/1999MotionFiled Motion. Motion to Associate Counsel (David Blasband) in no. 31221. (nos. 31063, 31220 & 31221).
03/23/1999MotionFiled Motion. Motion for leave to file 51 page opening brief. (No. 31221). (nos. 31063, 31220 & 31221).
03/23/1999BriefReceived Brief. Appellant's Opening Brief. (No. 31221). (nos. 31063, 31220 & 31221).
03/23/1999AppendixReceived Appendix. Joint Appendix of Record, Vols. 1 through 5. (No. 31221) (nos. 31063, 31220 & 31221).
03/25/1999MotionFiled Stipulation and Order. Appellant/Cross-Respondent may have to and including April 26, 1999, to file the answering/reply brief in nos. 31063 and 31220. (nos. 31063, 31220 & 31221).
03/31/1999BriefFiled Amicus Brief. Brief of Amicus Curiae on behalf of The New York Times Company, The Washington Post Company, Donrey Media Group, Reno Newspapers, Inc., News America Publishing Company, Inc., Time Inc., Playboy Enterprises Inc., Carol Publishing Group, The Nevada Press Association, Magazine Publishers of America, Association of American Publishers, Inc., Pen, and the American Society of Journalists and Authors.
03/31/1999MotionFiled Motion. Motion for Leave for Amici Curiae to Present Oral Argument. (nos. 31063, 31220 & 31221).
04/02/1999Order/ProceduralFiled Order Granting Motion. We grant the motion to associate David Blasband, Esq., as counsel for appellants in no. 31221. Nevada attorney Thomas shall be responsible for all matters presented by appellants in no. 31221.We grant the motion in no. 31221 to file a 51-page opening brief. The clerk shall file the brief and appendix submitted on March 23, 1999. Respondent in no. 31221 shall have 30 days to file the answering brief. (nos. 31063, 31220 & 31221).
04/02/1999BriefFiled Brief. Appellant's Opening Brief in no. 31221. Mailed on 3/20/99. (nos. 31063, 31220 & 31221).
04/02/1999AppendixFiled Appendix. Joint Appendix of Record, Vols. 1 through 5 in no. 31221. (nos. 31063, 31220 & 31221).
04/21/1999MotionFiled Motion. Motion for Extension of Time. (nos. 31063, 31220 & 31221).
04/23/1999Order/Clerk'sFiled Clerk's Order. The motion filed April 21, 1999, is granted. The reply brief in nos. 31063 and 31220 shall be filed on or before May 26, 1999. (nos. 31063, 31220 & 31221).
05/03/1999MotionFiled Motion. Motion for Extension of Time. (nos. 31063, 31220 & 31221).
05/06/1999Order/Clerk'sFiled Clerk's Order. The motion filed May 3, 1999, is granted. The answering brief in no. 31221 shall be filed on or before July 6, 1999. (nos. 31063, 31220 & 31221).
05/07/1999MotionFiled Response to Motion. Opposition to Motion for Extension of Time. (nos. 31063, 31220 & 31221).
06/01/1999MotionFiled Motion and Order/Excess Pages. Appellant/Cross-Respondent's reply brief. Granted: 40 pages. (nos. 31063, 31220 & 31221).
06/01/1999BriefFiled Brief. Appellant/Cross-Respondent's Reply Brief in nos. 31063 and 31220. (Mailed on 5/26/99). (nos. 31063, 31220 & 31221).
06/04/1999Order/ProceduralFiled Case Processing Order. Nevada Attorney Allen Lichtenstein has filed a motion to associate Laura Rose Handman, Esq., from the District of Columbia law firm of Davis, Wright, Tremaine, LLP as counsel for amici curiae in No. 31221. We grant the motion. Attorney Handman shall be permitted to represent amici curiae in no. 31221 pursuant to SCR 42. Fn1[The March 31, 1999, motion of amici curiae for leave to present oral argument remains pending at this time.] Nevada attorney Lichtenstein shall be responsible for all matters presented herein by amici curiae in no. 31221. Nos. 31063, 31220, 31221.
06/18/1999BriefFiled Brief. Respondent/Cross-Appellant's Reply Brief in no. 31063 and 31220. (Mailed on: 6/16/99) Nos. 31063, 31220, 31221.
06/25/1999Order/ProceduralFiled Case Processing Order. We elect to treat appellants' opposition as a motion for reconsideration of the May 6, 1999, clerk's order, and we deny the motion. We caution respondent in no. 31221 that no further requests for extensions of time shall be granted absent extreme and unforeseeable circumstances. Nos. 31063, 31220, 31221.
06/25/1999MotionFiled Motion. Motion for Extension to time. (Second request.) Nos. 31063, 31220, 31221.
07/01/1999MotionFiled Response to Motion. Opposition to Second Request for Extension of Time and Motion to Expedite Appeal. Nos. 31063, 31220, 31221.
07/02/1999Other Other. Filed Clarification of Opposition to Second Request for Extension of Time and Motion to Expedite Appeal. Nos. 31063, 31220, 31221.
07/09/1999MotionFiled Motion. Motion to File Brief in Excess of Page Limitation. Nos. 31063, 31220, 31221.
07/09/1999BriefReceived Brief. Respondent Stephen A. Wynn's Answering Brief. Nos. 31063, 31220, 31221. (RETURNED UNFILED 10/06/99.)
07/09/1999MotionFiled Motion. Withdraw Respondent's Answering Brief and for Leave to File Replacement Brief. (nos. 31063, 31220 & 31221).
07/09/1999MotionFiled Motion. To File Brief in Excess of Page Limitation. (nos. 31063, 31220 & 31221).
07/09/1999BriefReceived Brief. Respondent Stephen A. Wynn's Answering Brief. (replacement brief) (nos. 31063, 31220 & 31221).
08/16/1999BriefReceived Brief. Appellant's Reply Brief. Mailed on 8/12/99. (nos. 31063, 31220 & 31221) (RETURNED UNFILED 10/06/99.)
10/01/1999BriefReceived Brief. Appellant's Reply Brief (amended). FedEx 9/30/99. (nos. 31063, 31220 & 31221)
10/06/1999Order/ProceduralFiled Case Processing Order. On June 25, 1999, respondent in docket no. 31221 filed a second motion for an extension of time to file the answering brief. We grant respondent's motion for an extension of time to file the answering brief , motion for leave to withdraw the first submitted brief and substitute, in its stead, the second submitted brief and motion for leave to file an answering brief in excess of thirty pages. The clerk shall forthwith file the seventy-four page answering brief and shall return, unfiled, the seventy-five page answering brief. The motion for leave to file the first submitted answering brief in excess of thirty pages is denied as moot. We defer ruling on appellant's motion to expedite the appeal in Docket No. 31221 pending further order of this court. Appellants in Docket No. 31221 have submitted two reply briefs. The clerk shall forthwith file the reply brief received on October 1, 1999, and return, unfiled, the brief received on August 16, 1999. (nos. 31063, 31220 & 31221).
10/06/1999Other Other. Returned unfiled with letter to Schreck Morris: original and two copies of Respondent Stephen A. Wynn's Answering Brief. (75 pages)
10/06/1999Other Other. Returned unfiled with letter to attorney Thomas: original and two copies of Appellant's Reply Brief received 08/16/99.
04/20/2000Order/ProceduralFiled Order. We have determined that oral argument is warranted in these consolidated matters. The clerk of this court shall schedule these matters for oral argument in June 2000 before the en banc court. Argument shall be limited to one hour. Appellant/respondent Wynn's argument shall be limited to 20 minutes. Appellant/respondent Smith's argument shall be limited to 20 minutes. Appellants Barricade Books, Inc. and Lyle Stuart shall have a total of 20 minitues to present their argument. The motion to expedite is denied as moot. Amici curiae have filed a motion for leave to present oral argument. We deny their motion. Nos. 31063, 31220, 31221. 00-06369
04/24/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for June 15, 2000 at the hour of 8:30 a.m. for 1 hour in Carson City. (Nos. 31063, 31220 and 31221) (En Banc) 00-06562
05/26/2000Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 31063, 31220 and 31221) 00-08887
05/29/2000Letter/IncomingFiled Letter. Change of Address for JoNell Thomas (updated in CMS).
06/15/2000Case Status Update Submitted for Decision. Panel: En Banc. RR/CY/WM/MS/DA/ML/NB. Nos. 31063, 31220, 31221.
07/07/2000MotionFiled Motion. Motion for Leave to Submit Supplemental Authorities (nos. 31063/31220/31221). 00-11610
07/18/2000MotionFiled Response to Motion. Appellants' (Barricade Books, Inc.) Memorandum of Points and Authorities in Opposition to Respondent's Motion for Leave to Submit Supplemental Authorities. Nos. 31063/31220/31221. 00-12411
07/25/2000Order/ProceduralFiled Order Denying Motion. Respondent Stephen Wynn has moved for leave to file post-agrument supplemental authorities in Docket No. 31221. Appellants Barricade Books, Inc., and Lyle Stuart have opposed the motion. We deny the motion. Nos. 31063, 31220, 31221. 00-12899
09/27/2000OtherDisqualification of Justice Leavitt. Nos. 31063, 31220, 31221.
01/29/2001Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed in part, reversed in part and remanded." Before the Court En Banc. fn4[The Honorable Myron E. Leavitt, Justice, voluntarily recused himself from participation in the decision of this matter.] Becker. J., concurring. 117 Nev. Adv. Opn. No. 2. Nos. 31063, 31220, 31221. 01-01823
02/02/2001Letter/IncomingFiled Letter. from attorney David Blasband from Deutsch, Klagsbrun & Blasband requesting that his firm's name appears on any future published versions of the decision. Nos. 31063/31220/31221. 01-02189
02/21/2001Post-Judgment PetitionFiled Petition for Rehearing. Respondent Stephen A. Wynn's Petition for Rehearing. Mailed on: 2/16/01 Las Vegas Drop Box (nos. 31063/31220/31221). 01-03243
02/21/2001Filing FeeReceived Filing Fee Paid on Filing. $100 from Schreck firm-check no. 18459.
03/12/2001Notice/OutgoingIssued Letter. to attorney David Blasband in response to his letter of 2/2/01. Counsel is listed on the opinion in accordance with this court's policy. Nos. 31063/31220/31221.
09/18/2001Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." fn1[The Honorable Myron E. Leavitt, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC-Young, Shearing, Agosti, Rose, and Becker, JJ. Maupin, C.J., concurring and dissenting. Nos. 31063/31220/31221 01-15761
10/04/2001RemittiturIssued Remittitur. 01-15924
10/04/2001Case Status Update Remittitur Issued/Case Closed.
10/23/2001RemittiturFiled Remittitur. Received by County Clerk on October 10, 2001. 01-15924