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United States Court Cases

Nevada Supreme/Appellate Court Record

BARRICADE BOOKS VS. WYNN C/W 31063/31220

Case Information: 31221
Short Caption:BARRICADE BOOKS VS. WYNN C/W 31063/31220Court:Supreme Court
Consolidated: 31063 *, 31220 , 31221Related Case(s): 31063 , 31220
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:07/07/1998 / Goldberg, AubreySP 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
10/16/1997Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Dominic P. Gentile--check no. 012383.
10/16/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
10/22/1997Notice/OutgoingIssued Notice to Transmit Required Document. (Judgment filed 8/14/97 and notice of entry filed 8/19/97) to Clark County Clerk. Due Date: 10 days
10/24/1997Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Thomas D. Beatty. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/30/1997Letter/IncomingFiled Letter. Letter from appellants regarding filing of Chapter 11 bankruptcy in the US Bankruptcy Court.
12/01/1997Letter/IncomingFiled Letter. 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).
12/15/1997TranscriptFiled Transcript. Proceedings: August 13, 1997. Court Reporter: Renee Silvaggio.
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.
03/30/1998Letter/IncomingFiled Letter. Letter from Attorney JoNell Thomas re: status of bankruptcy proceedings.
05/11/1998Notice/IncomingFiled Notice. Notice Concerning Automatic Stay of the Bankruptcy Code.
05/11/1998Notice/IncomingFiled Notice. Notice Pursuant to NRAP 44 and NRS 30.130 of Possible Constitutional Challenge to NRS 42.005.
05/11/1998Docketing StatementReceived Docketing Statement.
05/14/1998MotionFiled Motion. Motion for Leave to File Docketing Statement.
05/18/1998Order/Clerk'sFiled Clerk's Order Granting Motion. Granting motion filed May 14, 1998. The docketing statement provisionally submitted on May 11, 1998, shall be filed, forthwith.
05/18/1998Docketing StatementFiled Docketing Statement.
05/18/1998Notice/OutgoingIssued Notice to Attorney General: Certification of Constitutional Issue.
06/26/1998Order/ProceduralFiled Order. On May 11, 1998, appellants filed a notice that the US Bankruptcy Court lifted the automatic stay for the purpose of permitting the parties to this appeal "to take all steps through and including the mandatory settlement conference phase of the appeal." We hereby order that this appeal be placed back into the NRAP 16 settlement conference program with settlement judge Aubrey Goldberg. The clerk shall issue the appropriate notice ot the parties and forward materials to the judge.
07/07/1998Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Aubrey Goldberg. (Settlement conference materials forwarded to Judge Goldberg.)
08/31/1998Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.
10/06/1998Order/ProceduralFiled Order. Appellants shall have 30 days from the date of this order to inform this court of the present status of the bankruptcy proceeding in this matter. The briefing schedule shall remain suspended pending further order of this court.
10/26/1998Notice/IncomingFiled Notice. Notice Concerning Automatic Stay of the Bankruptcy Code.
12/02/1998Order/ProceduralFiled 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 Opening 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.)
12/16/1998Transcript RequestFiled Certificate of No Transcript Request. Certificate pursuant to NRAP 9(a) that No Additional Transcripts shall be Ordered.
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 for Excess Pages. For 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. (31063, 31220 & 31221).
02/04/1999BriefReceived Answering Brief. Respondent/Cross Appellant's Answering Brief. (Mailed on: 2/2/99.) (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 Opening 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 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. nos. 31063, 31220 & 31221).
03/31/1999MotionFiled Motion. Motion for Leave for Amici Curiae to Present Oral Argument. (nos. 31063, 31220 & 31221).
04/02/1999Order/ProceduralFiled Case Processing Order. 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. 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 Extending Time. 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 8/16/99.
10/06/1999BriefFiled Answering Brief. Respondent Stephen A. Wynn's Answering Brief. Mailed on: FedEx 7/8/99.
10/06/1999BriefFiled Reply Brief. Mailed on: FedEx 9/30/99.
10/07/1999Notice/IncomingFiled Notice. Praecipe. Change of Address for Laura R. Handman, Counsel for Amici Curiae.
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. Document No. 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) 00-06566
05/26/2000Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 31063, 31220 and 31221) 00-08889
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).
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. Doc. No. 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. Document No. 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. 01-01825
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).
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.
08/23/2001Letter/IncomingFiled Letter. from counsel David Blasband and Jonell Thomas for appellant.
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 01-15763
09/27/2001Notice/OutgoingIssued Letter. to David Blasband and JoNell Thomas in response to letter received on August 23, 2001.
10/04/2001RemittiturIssued Remittitur. 01-15926
10/04/2001Case Status Update Remittitur Issued/Case Closed.
10/23/2001RemittiturFiled Remittitur. Received by County Clerk on October 10, 2001. 01-15926