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United States Court Cases

Nevada Supreme/Appellate Court Record

CITY OF LAS VEGAS VS. CLIFF SHADOWS PROFESSIONAL PLAZA

Case Information: 55877
Short Caption:CITY OF LAS VEGAS VS. CLIFF SHADOWS PROFESSIONAL PLAZACourt:Supreme Court
Related Case(s): 55917
Lower Court Case(s):Clark Co. - Eighth Judicial District - A578798 Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:04/29/2010 / Jimmerson, JamesSP Status:Completed
Oral Argument:06/04/2012 at 10:00 AMOral Argument Location:Regional Justice Center
Submission Date:06/04/2012How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/23/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice Re Settlement Conference Program and Suspension of Rules mailed to all counsel. (The requesting of transcripts and briefing are stayed pursuant to NRAP 16(a)(1). Docketing Statement Form mailed to counsel for appellant(s).) 10-10563
04/23/2010Filing Fee Filing Fee Waived.
04/29/2010Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: James J. Jimmerson 10-11013
05/06/2010MotionFiled Motion. Respondent/Cross-Appellant's Motion to File Motion to Lift Stay or, Alternatively Motion to Dismiss Appellant, The City of Las Vegas' Appeal or Petition for Writ of Prohibition/Mandamus in Excess of 10 Pages. 10-11632
05/07/2010Letter/IncomingFiled Letter. From the office of Kermitt L. Waters stating that the Notice of Appeal filed in 55917 should have been filed as a cross-appeal in case 55877. 10-11794
05/17/2010MotionFiled Motion to Extend Time. (30) days. 10-12734
05/17/2010MotionReceived Response to Motion. (FILED PER ORDER 07/07/10). Opposition to Cliff Shadow's "Motion to File a Motion to Lift Stay or, Alternatively Motion to Dismiss the City of Las Vegas' Appeal or Petition for Writ of Prohibition. 10-12735
05/18/2010Docketing StatementReceived Docketing Statement. (FILED PER ORDER 07/06/10). 10-12840
06/10/2010Other Other. Received Amended Notice of Appeal/Cross-Appeal from Law Offices of Kermit L. Waters.
06/11/2010Order/ProceduralFiled Order. Administratively Closing Docket No. 55917. The notice of appeal in 55917 shall be transferred to Docket No. 55877. The clerk of this court shall file the amended notice of appeal/cross-appeal, which was provisionally received in Docket No. 55877 on June 10, 2010. fn1-[In light of this order, no action need be taken on the May 7, 2010, letter submitted by the Law Offices of Kermitt L. Waters. Additionally, we defer ruling on all motions pending in Docket No. 55877 at this time.] Nos. 55877/55917 10-15129
06/11/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. Filed in 55917 on 4/30/10. TRANSFERRED from docket no. 55917 per 06/11/10 order. 10-15141
06/11/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 10-15170
06/14/2010Docketing StatementFiled Docketing Statement. 10-15422
06/14/2010MotionFiled Motion to Consolidate. Motion to Consolidate Appeals and Remove from the Settlement Program. Nos. 55877/55878. 10-15425
06/25/2010MotionFiled Stipulation. Stipulation to Remove Case from Mandatory Settlement Program. 10-16628
06/28/2010MotionFiled Stipulation. Stipulation to Remove Case from Mandatory Settlement Program. 10-16801
07/06/2010Order/ProceduralFiled Order/Show Cause. The City and Cliff Shadows shall each have 20 days from the date of this order within which to show cause why this appeal and cross-appeal should not be dismissed for lack of jurisdiction. Fn1[ Cliff Shadows' May 6, 2010, motion for leave to file a motion in excess of ten pages is granted. The clerk shall file the City's May 17 response to the May 6 motion for excess pages and Cliff Shadows' May 21 reply in support of its motion. As for Cliff Shadows' motion, entitled 'Motion to Lift Stay, Dismiss this Appeal, or Alternatively for Prohibition and Mandamus Relief', which was provisionally received on May 6, 2010, we direct the clerk of this court to file the motion. The City shall have seven days from the date of this order to file and serve its response to Cliff Shadows' motions/writ petition. NRAP 27(a)(3). Cliff Shadows shall have five days after service of the response to file and serve any reply. NRAP 27(a)(4). Upon receipt of the City's opposition and any reply, we will defer ruling on Cliff Shadows' motion pending our resolution of the jurisdictional defect addressed in this order. Additionally, we deny, as moot, the City's May 17, 2010, motion for additional time to file its docketing statement, as that document was filed on June 14, 2010. We further direct the clerk of this court to file Cliff Shadows' docketing statement, which was provisionally received on May 18, 2010, as well as its amended docketing statement, which was provisionally received on June 8, 2010.] 10-17418
07/06/2010MotionFiled Response to Motion. Opposition to Cliff Shadow's "Motion to File a Motion to Lift Stay or, Alternatively Motion to Dismiss the City of Las Vegas' Appeal or Petition for Writ of Prohibition. 10-12735
07/06/2010MotionFiled Reply to Response. Respondent/Cross-Appellant's Reply Re: Opposition to Cliff Shadow's Motion to File a Motion to Lift Stay or, Alternatively Motion to Dismiss the City of Las Vegas' Appeal or Petition for Writ of Prohibition/Mandamus in Excess of 10 Pages and Response to Respondent's Motion for Enlargement of Time to File Docketing Statement. 10-13270
07/06/2010MotionFiled Motion. Respondent/Cross-Appellant's Motion to Lift Stay or, Alternatively, Motion to Dismiss Appellant, The City of Las Vegas' Appeal or, Petition for Writ of Prohibition/Mandamus. 10-11633
07/06/2010Docketing StatementFiled Docketing Statement. 10-12840
07/06/2010Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant's Amended Docketing Statement. 10-14677
07/06/2010Order/ProceduralFiled Order. Denying Motion to Consolidate Appeals and Remove Appeals from the Settlement Program. fn1[We disapprove the June 25 and June 28, 2008, stipulations for removal from the settlement program submitted Docket No. 55877.] Nos. 55877/55878. 10-17450
07/14/2010Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. Per letter from Settlement Judge Jimmerson, a settlement conference is scheduled for 8/16/10. 10-18070
07/19/2010MotionFiled Response to Motion. The City of Las Vegas's Opposition to Cliff Shadows Motion/Petition to Lift Stay. 10-18308
07/22/2010MotionFiled Motion for Excess Pages. Respondent/Cross-Appellant's Motion to File Reply in Support of Motion to Lift Stay or, Alternatively Motion to Dismiss Appellant, The City of Las Vegas' Appeal or Petition for Writ of Prohibition/Mandamus in Excess of 5 Pages. 10-18883
07/26/2010MotionFiled Response to Order to Show Cause. Appellant/Cross-Respondent City of Las Vegas' Response to Order to Show Cause. 10-19293
08/03/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. CITY OF LAS VEGAS VS. CLIFF SHADOW PROFESSIONAL PLAZA LLC; TRES PERROS, LLC - 08A578798 for CITY OF LAS VEGAS, Plaintiff. 10-20011
08/06/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. CITY OF LAS VEGAS vs. CLIFF SHADOWS - A578798 for CLIFF SHADOWS PROFESSIONAL PLAZA, Defendant 10-20329
08/19/2010TranscriptFiled Notice from Court Reporter. Jessica Kirkpatrick stating that the requested transcripts were delivered. Dates of transcripts: 2/24/09, 11/19/09, 4/6/10. 10-21337
08/20/2010Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for 8/16/10 10-21465
08/20/2010Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 10-21466
08/23/2010Docketing StatementFiled Amended Docketing Statement 10-21533
08/23/2010Docketing StatementFiled Docketing Statement. Re-Submitted/Amended Docketing Statement 10-21592
08/27/2010Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 10 days transcript request; 90 days opening brief and appendix. 10-22051
09/01/2010Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 5/12/09, 9/30/09, 10/21/09, 3/24/10, 4/13/10. To Court Reporter: Brenda Schroeder. 10-22404
09/07/2010Transcript RequestFiled Certificate of No Transcript Request. Appellant/Cross-Respondent. 10-22831
09/20/2010TranscriptFiled Notice from Court Reporter. Brenda Schroeder stating that the requested transcripts were delivered. Dates of transcripts: 5/12/09, 9/30/09, 10/21/09, 3/24/10, 4/13/10. 10-24104
09/28/2010Order/ProceduralFiled Order Denying Motion and alternative requests for relief. Fn1 [We direct the clerk of this court to file respondent/cross-appellant's supplement to its motion, provisionally received in this court on June 8, 2010.] Fn2 [Respondent/cross-appellant's July 22, 2010, motion to exceed the page limit with respect to tis reply is granted. We direct the clerk of this court to file respondent/cross-appellant's reply, provisionally received in this court on July 22, 2010. 10-24975
09/28/2010MotionFiled Motion to Supplement to Respondent/Cross-Appellant's Motion to Lift Stay or, Alternatively, Motion to Dismiss Appellant, the City of Las Vegas' Appeal or, Petition for Writ of Prohibition/Mandamus to Include Order of May 29, 2010. 10-14681
09/28/2010MotionFiled Reply to Response. Respondent/Cross-Appellant's Reply in Support of Motion to Lift Stay or, Alternatively, Motion to Dismiss Appellant, The City of Las Vegas' Appeal or, Petition for Writ of Prohibition/Mandamus. 10-18885
11/19/2010MotionFiled Stipulation for Extension to File Opening Brief and Appendix. 10-30304
11/19/2010Notice/OutgoingIssued Notice-Stipulation Approved. Opening Brief and Appendix due: December 29, 2010. 10-30316
12/29/2010MotionFiled Motion to Extend Time. Motion for Extension to File Opening Brief and Appendix. 10-33980
01/13/2011Order/ProceduralFiled Order Granting Motion. Appellant/Cross-Respondent's Opening Brief and Appendix due: January 28, 2011. 11-01257
01/28/2011AppendixFiled Appendix to Opening Brief Appellant's Appendix Volume 1 - Part 1 11-02862
01/28/2011AppendixFiled Appendix to Opening Brief Appellant's Appendix Volume 2 - Part 1 11-02863
01/28/2011AppendixFiled Appendix to Opening Brief Appellant's Appendix Volume 3 - Part 1 11-02864
01/28/2011AppendixFiled Appendix to Opening Brief Appellant's Appendix Volume 4 - Part 1 11-02865
01/28/2011AppendixFiled Appendix to Opening Brief Appellant's Appendix Volume 5 - Part 1 11-02867
01/28/2011AppendixFiled Appendix to Opening Brief Appellant's Appendix Volume 6 - Part 1 11-02868
01/28/2011AppendixFiled Appendix to Opening Brief Appellant's Appendix Volume 7 - Part 1 11-02869
01/28/2011AppendixFiled Appendix to Opening Brief Appellant's Appendix Volume 8 - Part 1 11-02870
01/28/2011AppendixFiled Appendix to Opening Brief Appellant's Appendix Volume 9 - Part 1 11-02871
01/31/2011BriefFiled Opening Brief. The City's Opening Brief on Appeal. Appellant/Cross-Respondent. 11-02904
02/04/2011BriefFiled City of Henderson's Amicus Curiae Brief Asking for the Reversal of the Lower Court's Granting of Summary Judgment. 11-03681
02/11/2011BriefFiled Amicus Brief. Amicus Curiae Clark County Supporting Reversal of the District Court's Entry of Summary Judgment. 11-04614
02/23/2011MotionFiled Stipulation to Extend Time in Which to File Respondent's Answering Brief on Appeal and Opening Brief on Cross-Appeal Pursuant to NRAP 26(b)(2) and 31(b)(2). 11-05640
02/23/2011Notice/OutgoingFiled Notice Motion/Stipulation Approved. Answering Brief/Opening Brief on Cross-Appeal due April 1, 2011. 11-05659
04/01/2011MotionFiled Motion for Excess Pages for the Answering Brief/Opening Brief. (53) pages. (Respondent/Cross-Appellant). 11-09815
04/01/2011AppendixFiled Appendix to Answering Brief. (Respondent/Cross-Appellant). 11-09823
04/18/2011Order/ProceduralFiled Order Granting Motion for Excess Pages. We direct the clerk to file the brief received on April 1, 2011. 11-11566
04/18/2011BriefFiled Respondent Landowner's Brief on Appeal and Opening Brief on Cross-Appeal. 11-11567
05/02/2011MotionFiled Stipulation for Extension to File Reply Brief on Appeal and Answering Brief on Cross-Appeal. Appellant/Cross-Respondent. 11-12883
05/02/2011Notice/OutgoingIssued Notice - Stipulation Approved. Appellant/Cross-Respondent's Reply Brief due: June 17, 2011. 11-12886
06/17/2011MotionFiled Motion for Extension to File Reply Brief on Appeal and Answering Brief on Cross-Appeal. 11-18121
07/05/2011Order/ProceduralFiled Order Granting Motion. Appellant/Cross-Respondent's Reply Brief due: July 18, 2011. 11-19798
07/19/2011MotionFiled Motion to Exceed Page Limit on Reply brief on Appeal and Answering Brief on Cross-Appeal. 11-21658
07/20/2011Notice/OutgoingIssued Notice Motion Approved. Appellant's Motion for Excess Pages for Reply Brief/Cross-Appeal Answering Brief. 11-21815
07/20/2011BriefFiled Appellant's Reply Brief on Appeal and Answering Brief on Cross-Appeal. 11-21816
08/05/2011BriefFiled Respondent Landowner's Reply Brief on Cross-Appeal. 11-23693
08/05/2011Case Status UpdateBriefing Completed/To Screening.
01/04/2012Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled for February 6, 2012, at 10:00 a.m. in Las Vegas for 30 minutes before the En Banc Panel. 12-00336
01/09/2012Notice/IncomingFiled Notice of Appearance (Daniel Polsenberg appearing on behalf of appellant City of Las Vegas). 12-00838
01/11/2012Notice/IncomingFiled Notice of Appearance (Kermitt L. Waters, James J. Leavitt, and Michael A. Schneider as attorneys for respondent/cross-appellant Cliff Shadows Professional Plaza, LLC). 12-01037
01/12/2012MotionFiled Motion to Reschedule Oral Argument. 12-01199
01/20/2012Order/Clerk'sFiled Order Vacating Oral Argument. The oral argument presently scheduled for February 6, 2012, at 10:00 a.m. is vacated, and argument shall be rescheduled on the next available calendar before the en banc court. 12-02028
01/23/2012Notice/IncomingFiled Notice of Both Parties' Availability for En Banc Oral Argument in March. 12-02368
02/09/2012Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled for April 3, 2012, at 2:00 p.m. in Las Vegas for 30 minutes before the En Banc Panel. 12-04443
02/17/2012Notice/IncomingFiled Notice of Change of Address (Las Vegas City Attorney's Office). 12-05219
02/23/2012MotionFiled Notice of Motion to Reschedule Oral Argument in Companion Case and Request for Companion Case to be Scheduled for Argument on the Same Day. 12-05784
02/28/2012Notice/IncomingFiled Notice of Non Opposition To Appellant's Request For Companion Case To Be Scheduled For Argument on the Same Day and Notice of Counsel For Respondent's Availability For Oral Argument. 12-06389
03/05/2012Order/ProceduralFiled Order Granting Motion. Oral arguments, presently scheduled for April 3, 2012, at 1:30 p.m. for Docket No. 55878 and April 3, 2012, at 2:00 p.m. for Docket No. 55877, are hereby vacated. The clerk of this court is directed to schedule these appeals for oral argument before the en banc court on the next available calendar. Nos. 55877/55878 12-07018
03/20/2012Notice/IncomingFiled Notice of Unavailable Dates. 12-08847
04/26/2012Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled for June 4, 2012, at 10:00 a.m. in Las Vegas for 30 minutes before the En Banc Court. 12-13328
05/21/2012Notice/OutgoingIssued Oral Argument Reminder Notice. 12-15953
06/04/2012Case Status UpdateOral argument held this day. Case submitted for decision to the En Banc Court
01/31/2013Opinion/DispositionalFiled Authored Opinion. "Reversed in part, vacated in part, and remanded." Before the Court En Banc. Author: Saitta, J. Majority: Saitta/Pickering/Hardesty/Parraguirre/Douglas. Dissent: Gibbons/Cherry. 129 Nev. Adv. Opn. No. 2. EN BANC 13-03231
02/14/2013Notice/IncomingFiled Appellant's Bill of Costs. 13-04763
02/14/2013Notice/IncomingFiled Respondent's Opposition to Appellant's Bill of Costs (Notice of Objection per NRAP 39(c)(4) 13-04875
02/28/2013Order/ProceduralFiled Order Disapproving Bill of Costs. 13-06243
02/28/2013RemittiturIssued Remittitur. 13-06272
02/28/2013Case Status UpdateRemittitur Issued/Case Closed.
03/14/2013RemittiturFiled Remittitur. Received by District Court Clerk on March 6, 2013. 13-06272