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United States Court Cases

Nevada Supreme/Appellate Court Record

CLARK COUNTY VS. SUN STATE PROPERTIES

Case Information: 35856
Short Caption:CLARK COUNTY VS. SUN STATE PROPERTIESCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A346912Classification:Civil Appeal - General - Other
Disqualifications:LeavittCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:03/31/2000 / Levitt, LansfordSP Status:Completed
Oral Argument:02/10/2003 at 8:30 AMOral Argument Location:Carson City
Submission Date:02/10/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/27/2000OtherDisqualification of Justice Leavitt.
03/27/2000Filing Fee Filing Fee Waived.
03/27/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-04872
03/31/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
04/11/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 on cross-appeal from Carl E. Lovell, Jr.--check no. 2796.
04/11/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. 00-05776
04/12/2000Notice/Outgoing Letter.
09/29/2000Settlement Program ReportFiled Interim Settlement Program Report. A status report will issue within thirty (30) days. 00-17223
04/11/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-06266
04/11/2001Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statements mailed to counsel for appellant/cross-respondent and respondent/cross-appellant.) Due Date: 15 days
05/01/2001Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent (County of Clark). 01-07260
05/02/2001Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant (Pyles). 01-07347
05/11/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. This court shall conduct a preliminary jurisdictional review of this appeal and cross-appeal. Appellant and cross-appellant shall each have 15 days to comply with NRAP 9(a). Appellant and cross-appellant shall each have 120 days to file and serve their opening briefs and appendices. fn1[We remind the parties that pursuant to NRAP 30(a), they are encouraged to reach an agreement concerning a possible joint appendix.] Respondents and cross-respondents shall have 30 days thereafter to file and serve answering briefs. Appellant and cross-appellant shall have 30 days thereafter to file and serve reply briefs. fn2[The clerk of this court shall amend the caption on this court's docket to reflect the abovde-styled caption.] 01-07925
05/29/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 6/17/99, 11/17/99, 11/29/99, 11/30/99, 2/9/00, 9/7/00. To Court Reporter: Joy Hinck. 01-08961
06/11/2001Notice/OutgoingIssued Notice to Attorney General: Certification of Constitutional Issue. 01-09631
07/06/2001Transcript RequestFiled Request for Transcript of Proceedings. (Amended.) Transcripts requested: 6/17/99, 11/29/99, 11/30/99, 2/9/00. To Court Reporter: Joy Hinck. 01-11361
07/09/2001TranscriptFiled Transcript. Proceedings: 6/17/99, 11/29/99, 11/30/99, 1/11/00, 2/9/00. Court Reporter: Joy Hinck. 01-11439
07/11/2001Order/ProceduralFiled Order. To date cross-appellant has failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. Cross-appellant shall, within 10 days from the date of this order, file and serve the required document. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this cross-appeal. 01-11697
07/17/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: January 11, 2000. To Court Reporter: Joy Hinick (Cross-Appellant). 01-12125
07/30/2001Notice/IncomingFiled Notice. Certification of Transcripts. 01-12866
09/12/2001BriefFiled Opening Brief. Appellant County of Clark. Mailed on: LV Drop Box 09/10/01. 01-15388
09/12/2001AppendixFiled Joint Appendix. Appellant County of Clark. Vols. 1 through 3. 01-15389
09/12/2001BriefFiled Opening Brief. Cross-Appellant's (Ruth Pyles) Opening Brief. Mailed on: LV Drop Box 09/10/01. STRICKEN BY ORDER 08/01/02 01-15391
09/12/2001AppendixFiled Appendix. Cross-Appellant's (Ruth Pyles) Appendix. 01-15392
09/12/2001MotionFiled Motion to Extend Time. Motion for Extension of Time to File Brief of Amicus Curiae. 01-15446
09/14/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed September 12, 2001. The Attorney General's Office shall have to and including September 24, 2001, to either file an amicus brief in this appeal or notify this court, in writing, that they will not be filing an amicus brief in this appeal. 01-15540
09/26/2001BriefFiled Amicus Brief. Brief of the State of Nevada as Amicus Curiae. 01-16231
10/03/2001MotionFiled Motion and Order Extending Time. Brief due: November 15, 2001(Sun State Properties). 01-16644
10/08/2001MotionFiled Motion and Order Extending Time. Brief due: November 6, 2001 (Ruth Pyles). 01-16857
11/08/2001BriefFiled Answering Brief. (Ruth Pyles) Answer to Appellant's Opening Brief. Mailed on: Fed Ex 11/07/01. PORTION OF BRIEF STRICKEN-08/01/02 ORDER 01-18652
11/08/2001AppendixFiled Appendix to Answering Brief. Respondent Pyles Supplementary Appendix. 01-18653
11/08/2001BriefFiled Amicus Brief. Reply to Brief of the State of Nevada as Amicus Curiae. PORTION OF BRIEF STRICKEN-08/01/02 ORDER 01-18655
11/13/2001MotionFiled Motion to Extend Time. Respondent Sun State Properties, Ltd.'s Second Motion to Enlarge Time to File Answering Brief. 01-18935
11/21/2001Order/ProceduralFiled Order Granting Motion. Pursuant to an order granting her motion for an extension of time, respondent Ruth Pyles timely filed her answering brief on appeal on November 8, 2001. On November 13, 2001, respondent/cross-respondent Sun State Properties filed a motion requesting a second extension of time to file its answering brief. fn1[Although not specified in its motion, we presume that Sun State Properties is requesting leave to file a single answering brief for the appeal and the cross-appeal.]Cause appearing, we grant the motion. Respondent/cross-respondent Sun State Properties shall have until December 17, 2001, to file and serve its answering brief on appeal and cross-appeal. We note that, to date, cross-respondent County of Clark has not filed an answering brief on cross-appeal. Cross-respondent County of Clark shall have 15 days from the date of this order to file and serve its answering brief on cross-appeal. Thereafter, briefing shall proceed in accordance with the schedule set forth in our order entered May 11, 2001. We caution the parties that no further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 01-19640
12/07/2001BriefFiled Answering Brief. Appellant's Answering Brief on Cross-Appeal and Reply to the Answering Brief of Ruth Pyles. Mailed on: 12/06/01. STRICKEN BY ORDER 08/01/02 01-20595
12/17/2001BriefFiled Answering Brief. Respondent/Cross-Respondent Sun State Properties, LTD.'s Answering Brief. Mailed on: Fed Ex 12/14/01. PORTION OF BRIEF STRICKEN-08/01/02 ORDER 01-21153
12/17/2001AppendixFiled Appendix to Answering Brief. Respondent/Cross-Respondent Sun State Properties, LTD.'s Answering Appendix. 01-21156
01/04/2002Order/ProceduralFiled Order. On November 8, 2001, respondent/cross-appellant Ruth Pyles filed a reply brief to the amicus curiae brief of the State of Nevada. Respondent Pyles did not submit the original reply brief. On that same date, this court notified respondent Pyles to submit the original reply brief within 10 days. To date, respondent Pyles has failed to comply with this court's notice. Respondent Pyles shall submit the original reply brief within 10 days from the date of this order. Failure to comply timely with this order may result in the imposition of sanctions against respondent's counsel. 02-00281
01/09/2002BriefFiled Amicus Brief. Original copy of Reply to Brief of the State of Nevada as Amicus Curiae filed on 11/08/01. See Order filed 01/04/02. 02-00612
01/15/2002BriefFiled Reply Brief. Clark County's Reply to Answering Brief of Sun State Properties. Mailed on: Fed Ex 01/14/02. 02-01013
01/17/2002Notice/IncomingFiled Proof of Service. (Clark County's Reply to Answering Brief of Sun State Properties). 02-01253
01/18/2002BriefFiled Reply Brief. Respondent/Cross-Appellant Pyles Trust's Reply to Answering Brief of Sun State Properties. Mailed on: 01/16/02. STRICKEN BY ORDER 08/01/02 02-01315
01/24/2002Order/ProceduralFiled Order/Show Cause. Response due from appellant and cross-appellant: 30 days from the date of this order. fn3[If the district court did not enter written orders of dismissal or default before the notices of appeal were filed, the parties must obtain written orders from the district court and timely file amended notices of appeal in order to perfect this court's jurisdiction.] 02-01674
02/15/2002MotionFiled Response to Order to Show Cause. Clark County's Response to Order to Show Cause. 02-03019
02/28/2002MotionFiled Response to Order to Show Cause. Pyles Trust's Response to Order to Show Cause. 02-03724
03/26/2002Order/ProceduralFiled Order/Show Cause. Appellant and cross-appellant shall have 20 days from the date of this order to produce the orders of dismissal as to the eighteen defendants. fn4[in our January 24, 2002 show cause order we noted that the jurisdictional defect could be cured by obtaining from the district court a written order of dismissal as to the eighteen defendants and then timely filing in the district court amended notices of appeal.] 02-05358
04/15/2002MotionFiled Response to Order to Show Cause. Clark County. 02-06681
04/17/2002MotionFiled Response to Order to Show Cause. Pyles Trust's Response to Order to Show Cause. 02-06896
04/19/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 02-07026
08/01/2002Order/ProceduralFiled Case Processing Order. Order Allowing Appeal to Proceed and Dismissing Cross-Appeal. In response to our March 26, 2002 show cause order, the parties obtained from the district court an order dismissing the claims relating to the eighteen defendants. This order rendered the district court judgment final and appealable. But only appellant Clark County filed an amended notice of appeal. The time in which to file an amended notice of appeal on the cross-appeal expired on May 15, 2002. Consequently, we lack jurisdiction over the cross-appeal, and we order it dismissed. We direct the clerk of this court to strike the following briefs: Respondent/cross-appellant Pyles' September 12, 2001 opening brief; Respondent/cross-appellant Pyles' January 18, 2002 reply brief; Appellant/cross-respondent Clark County's December 7, 2001 reply brief to respondent/cross-appellant Pyles' November 8, 2001 answering brief; and portions of briefs: see order for portions of briefs stricken. We further direct the clerk of this court to remove the cross-appeal from the caption on this court's docket. We allow Clark County's appeal to proceed; Clark County shall have 30 days from this order's date to file a new reply brief to respondent/cross-appellant Pyles' November 8, 2001 answering brief. fn5[The reply brief shall not address any of the issues that were presented by the cross-appeal. 02-13187
08/12/2002Post-Judgment PetitionFiled Petition for Rehearing. Petition for Rehearing of Order Dismissing Cross-Appeal. 02-13774
09/03/2002BriefFiled Reply Brief. Appellant's Amended Reply to the Answering Brief of Ruth Pyles. Mailed on: Fed Ex 09/03/02. 02-15151
09/11/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." fn1[NRAP 40(c).] NNP02-MS/RR/NB 02-15704
01/16/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 10, 2003, at 8:30 a.m. (En Banc)
01/27/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
02/10/2003Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC
05/06/2003Order/ProceduralFiled Order. The Honorable Myron E. Leavitt, Justice, being disqualified in the above entitled matter, the Honorable Cliff Young, Senior Justice, is assigned to participate in the decision of this appeal on the records and briefs filed herein and recording of oral argument heard February 10, 2003. 03-07595
07/21/2003Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." fn46[The Honorable Cliff Young, Senior Justice, was appointed by the court to sit in place of the Honorable Myron E. Leavitt, Justice. Nev. Const. art. 6, sec. 19; SCR 10. Before the Court EN BANC. Author: Rose, J. We concur: Agosti, C.J., Becker, J. and Young, Sr. J. Maupin, J., concurring in part and dissenting in part. Gibbons, J., with whom Shearing, J., agrees, concurring in part and dissenting in part. 119 Nev. Adv. Opn. No. 36. EN BANC. 03-12222
08/11/2003Filing FeeReceived Filing Fee Paid on Filing. $100 from Carl E. Lovell - check no. 5701.
08/11/2003Filing Fee Filing Fee due. Additional $50 due.
08/11/2003Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: August 7, 2003. 03-13430
08/26/2003Filing FeeReceived Filing Fee Paid on Filing. additional fee of $50.00 from Ben H. Hayes (for Clarence and Ruth Pyles) - check no. 2998.
08/29/2003Post-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.] NRAP 40(c). EN BANC. 03-14569
09/02/2003Filing Fee Returned Filing Fee. Check No. 5708 returned to Carl E. Lovell, Jr. in the amount of $50.00 (fee already paid on August 29, 2003).
09/23/2003RemittiturIssued Remittitur. 03-14601
09/23/2003Case Status Update Remittitur Issued/Case Closed.
10/02/2003RemittiturFiled Remittitur. Received by County Clerk on September 25, 2003. 03-14601
10/27/2003Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed October 17, 2003, and placed on the docket as Case No. 03-580. 03-17874
03/01/2004Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 04-03811