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United States Court Cases

Nevada Supreme/Appellate Court Record

DP OPERATING PARTNERSHIP VS. STOREY CO.

Case Information: 39399
Short Caption:DP OPERATING PARTNERSHIP VS. STOREY CO.Court:Supreme Court
Related Case(s): 39317
Lower Court Case(s):Storey Co. - First Judicial District - CV19638Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:03/29/2002 / Evans, MargaretSP Status:Completed
Oral Argument:06/24/2003 at 11:30 AMOral Argument Location:Carson City
Submission Date:06/24/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/25/2002OtherDisqualification of Justice Young. Law firm of Lionel Sawyer & Collins.
03/25/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Lionel Sawyer & Collins--check no. 026244.
03/25/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 02-05287
03/29/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Margaret Springgate Evans. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/03/2002TranscriptFiled Transcript. Proceedings: 2/12/02 and 2/13/02. Court Reporters: Deborah Middleton Greco and Stephanie Zolkowski. 02-05921
04/05/2002Docketing StatementFiled Docketing Statement. 02-06115
04/12/2002Notice/Outgoing Letter. Margaret Springgate Evans. (Docketing statement)
07/09/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-11681
07/22/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the briefing schedule. On April 3, 2002, court reporters Deborah Middleton Greco and Stephanie Zolkowski filed certified copies of transcripts for proceedings conducted on February 12, 2002 and February 13, 2002. Unless notified otherwise by either party, in writing, within 10 days from the date of this order, we will presume that all transcripts necessary for this appeal have been filed, and the requirement of filing a transcript request form or certificate of no transcript request under NRAP 9 shall be deemed waived. Appellant: 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 02-12486
10/04/2002MotionFiled Motion and Order/Excess Pages. Granted: 36 pages. 02-17179
10/04/2002BriefFiled Opening Brief. Delivered on 10/4/02. 02-17181
10/04/2002AppendixFiled Joint Appendix. Volumes 1 through 4. 02-17182
10/30/2002MotionFiled Motion to Strike. Motion for Order Striking Allegations Contained in Appellant's Opening Brief that are not Support by Facts in the Record and which have been Interposed for an Improper Purpose. 02-18672
11/04/2002MotionFiled Motion and Order Extending Time. Brief due: November 18, 2002. 02-18992
11/04/2002BriefFiled Answering Brief. Answering Brief of Respondent Storey County. Mailed on: Hand delivered 11/04/02. 02-19019
11/07/2002BriefFiled Answering Brief. Respondent Tahoe-Reno Industrial Center Answering Brief. Mailed on: Hand delivered 11/07/02. 02-19257
11/12/2002MotionFiled Response to Motion. Opposition to Respondents' Motion for Order Striking Allegations Contained in Appellant's Opening Brief. 02-19455
12/09/2002BriefFiled Reply Brief. Mailed on: Reno/Carson Messenger 12/09/02. 02-20984
03/10/2003Order/ProceduralFiled Order Denying Motion. On October 30, 2002, respondents Storey County and its Board of County Commissioners and Storey County Licensing Board filed a motion to strike portions of the opening brief. Respondents represent that 5 sentences should be stricken from the opening brief. Appellant opposes the motion. Because respondents have properly raised their objections to the opening brief in their answering brief, we conclude the striking of those 5 sentences is not warranted at this time, and we deny the motion. We remind appellant that in resolving this appeal, this court will disregard any assertions in the opening brief not properly supported by the record. 03-03963
05/02/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 24, 2003, at 11:30 a.m. (En Banc)
06/09/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
06/10/2003MotionFiled Motion to Dismiss Appeal. (Storey County). 03-09676
06/16/2003Order/ProceduralFiled Order. Oral argument of this matter is scheduled for Tuesday, June 24, 2003, before the en banc court. On June 10, 2003, respondent Storey County filed a motion to dismiss this appeal. Appellant's response to the motion is due to be filed on Friday, June 20. Because the motion was filed so close to the oral argument date, this court will not have an opportunity to resolve this motion prior to argument. Accordingly, the parties should be prepared to discuss the merits of the motion at oral argument. 03-10049
06/19/2003MotionFiled Response to Motion. 03-10245
06/24/2003Case Status Update Submitted for Decision. Before the En Banc Court.
07/08/2003MotionFiled Motion. Motion for Leave to File Memorandum of Supplemental Authorities. 03-11447
07/14/2003Order/ProceduralFiled Order Granting Motion. filed July 8, 2003. We will consider the "Memorandum" that is attached to the motion in our deliberation of this appeal. 03-11765
07/15/2003MotionFiled Response to Motion. Opposition to Motion for Leave to File Memorandum of Supplemental Authorities. 03-11960
07/15/2003MotionFiled Response to Motion. Response to Motion for Leave to File Memorandum of Supplemental Authorities. 03-11969
07/30/2003Order/ProceduralFiled Order. On June 24, 2003, this matter was argued before the en banc court. On July 14, 2003, we entered an order granting appellants motion for leave to file supplemental authorities. On July 15, 2003, respondents Storey County and Tahoe-Reno Industrial Center, LLC, file responses to appellant's motion for leave to file supplemental authorities. Having granted appellant's motion, we will consider Storey County's and TRIC's responses in reviewing appellant's supplemental authorities in our deliberation of this appeal. 03-12860
01/22/2004Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." fn26[This matter was submitted for decision by the seven-justice court. As the Honorable Myron E. Leavitt, Justice, died in office on January 9, 2004, this matter was decided by a six-justice court.] EN BANC 04-01284
02/02/2004MotionFiled Motion. Procedural Motion for Immediate Issuance of Remittitur. 04-02025
02/03/2004MotionFiled Response to Motion. Opposition to Procedural Motion for Immediate Issuance of Remittitur. 04-02174
02/05/2004Filing FeeReceived Filing Fee Paid on Filing. $150 from Mark H. Gunderson, Ltd.--check no. 15825.
02/05/2004Post-Judgment PetitionFiled Petition for Rehearing. 04-02337
02/06/2004Order/ProceduralFiled Order Denying Motion. On January 22,2004, this court entered an "Order Affirming in Part, Reversing in Part and Remanding." The remittitur is currently scheduled to issue on February 17, 2004. Appellant has moved for an immediate issuance of the remittitur. Respondent Tahoe-Reno Industrial Center opposes the motion. No good cause appearing, we deny the motion. 04-02389
03/25/2004Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). fn1[This matter was submitted for decision by the seven-justice court. The Honorable Myron E. Leavitt, Justice, having died in office on January 9, 2004, this matter was decided by a six-justice court.] EN BANC. 04-05571
04/20/2004RemittiturIssued Remittitur. 04-06364
04/20/2004Case Status Update Remittitur Issued/Case Closed.
05/13/2004RemittiturFiled Remittitur. Received by County Clerk on April 22, 2004. 04-06364