| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 10/29/2003 | Other | Disqualification of Justice Leavitt. Law firm of Hale Lane Peek Dennison Howard & Anderson. | | |
| 10/29/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Backus Carranza--check no. 6746. | | |
| 10/29/2003 | Notice of Appeal Documents | Filed 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.) | | 03-18050
|
| 11/04/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 11/14/2003 | Other | Returned Unfiled Document. | | |
| 11/14/2003 | Motion | Filed Motion. Appellants Venetion Casino Resort, LLC, Grand Canal Mall Shops Construction, LLC, and National Union Fire Insurane Company of Pittsburgh, PA's Motion for Confirmation that the Nevada Supreme Court Lacks Appelate Jurisdicton to Determine Appellants' Appeal at this Time, and Request Under NRAP 27(b) for Confirmation Prior to the Holding of the Mandatory Settlement Conference. | | 03-19021
|
| 11/18/2003 | Docketing Statement | Filed Docketing Statement. | | 03-19166
|
| 11/24/2003 | Notice/Outgoing | Letter. Lester H. Berkson. (docketing statement) | | |
| 12/01/2003 | Notice/Incoming | Filed Notice of Appearance. Daniel F. Polsenberg for respondents. | | 03-19898
|
| 12/01/2003 | Motion | Filed Motion. Motion for Stay or, in the Alternative, Enlargement of Time. | | 03-19899
|
| 12/03/2003 | Motion | Filed Motion for Stay. Amended Motion for Stay or, in the Alternative, Enlargement of Time and Amended Certificate of Mailing. | | 03-20080
|
| 12/08/2003 | Motion | Filed Response to Motion. Appellants Venetian Casino Resort, LLC, Grand Canal Mall Shops Construction, LLC, and National Union Fire Insurance Company of Pittsburgh, PA's Opposition to Respondent Quality Mechanical Contractors, Inc.'s Amended Motion for Stay or, in the Alternative, Enlargement of Time. | | 03-20385
|
| 12/09/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued. | | 03-20480
|
| 12/09/2003 | Notice/Incoming | Filed Errata. Errata to Appellants Venetian Casino Resort, LLC, Grand Canal Mall Shops Construction, LLC and National Union Fire Insurance Company of Pittsburgh, PA's Opposition to Respondent Quality Mechanical Contractors, Inc.'s Amended Motion for Stay or, in the Alternative, Enlargement of Time. | | 03-20497
|
| 12/18/2003 | Motion | Filed Response to Motion. Appellants Venetian Casino Resort, LLC, Grand Canal Mall Shops Construction, LLC, and National Union Fire Insurance Company of Pittsburgh, PA's Amended Opposition to respondent Quality Mechanical Contractors, Inc.'s Amended Motion for Stay or, in the Alternative, Enlargement of Time. | | 03-21068
|
| 01/12/2004 | Motion | Received Response to Motion. Response to Motion Regarding Jurisdiction. | | 04-00725
|
| 01/21/2004 | Motion | Filed Motion to Extend Time. | | 04-01266
|
| 01/27/2004 | Settlement Program Report | Filed Interim Settlement Program Report. Settlement Judge recommends removal from the Settlement Program pending determination of Supreme Court. | | 04-01689
|
| 01/29/2004 | Motion | Filed Response to Motion. Appellants Venetian Casino Resort, LLC, Grand Canal Mall Shops Construction, LLC, and National Union Fire Insurance Company of Pittsburg, PA's Opposition to Respondent Quality Mechanical Contractors, Inc.'s Motion for Enlargement of Time, or in the Alternative, Request for Permission to File Reply Brief pursuant to NRAP 27(a). | | 04-01868
|
| 03/16/2004 | Order/Procedural | Filed Order. Removing Appeal from Settlement Program and Granting Motion to file a Reply. Pursuant to the written request of the settlement judge and good cause appearing, this appeal is removed from the settlement program. Compliance with NRAP 9(a) and briefing, however, shall remain stayed pending resolution of appellant's November 14, 2003, motion regarding a possible jurisdictional defect in this appeal. In light of this order, we deny as moot, respondent's December 1, 2003, motion and December 3, 2003, amended motion which request this court to stay resolution of appellant's November 14, 2003, motion pending completion of the settlement conference proceedings. We grant respondent's January 21, 2004, motion for leave to file an untimely response to appellants' November 14, 2003, motion. The clerk shall file the response received on January 12, 2004. Although appellants opposed respondent's motion to file the untimely response, in their opposition appellants requested that if this court granted respondent's motion and allowed the response to be filed that we grant appellants leave to file a reply. Cause appearing, we grant that request. Appellants shall file a reply to respondent's response to appellants' November 14, 2003, motion regarding jurisdiction within 15 days from the date of this order. | | 04-04999
|
| 03/16/2004 | Motion | Filed Response to Motion. Response to Motion Regarding Jurisdiction. | | 04-00725
|
| 04/01/2004 | Motion | Filed Reply to Response. Appellants Venetian Casino Resort, LLC, Grand Canal Mall Shops Construction, LLC and National Union Insurance Company of Pittsburgh, PA's Reply to Quality Mechanical Contractors, Inc.'s Response to Motion Regarding Jurisdiction. | | 04-06042
|
| 07/09/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 04-12523
|
| 08/25/2004 | Order/Procedural | Filed Order. Regarding Jurisdictional Motions. These are appeals from district court orders and judgments entered after preferential lien hearings. In Docket No. 41163, appellants have filed a motion for a jurisdictional determination. In Docket Nos. 41332 and 42265, appellants have filed, respectively, a motion to dismiss and a motion for confirmation that jurisdiction is absent. The respondent subcontractors have opposed the motions. fn1[In Docket No. 41163, we grant respondent Herrick Corporation's May 14, 2004 and June 18, 2004 motions for extensions of time in which to file an opposition to appellants' motion for a jurisdictional determination. The clerk of this court shall file Herrick's response and exhibits, provisionally received on July 1, 2004.] On June 29, 2004, after appellants' motions were filed in this court, the district court deconsolidated the In re Venetian Lien Litigation cases. With the dismissals of the subcontractors' non-lien claims, it appears that this court has jurisdiction to review the appeals in Docket Nos. 41163 and 42265, notwithstanding appellants' concerns about severance and the lack of NRCP 54(b) certification. We grant appellants' motion for a jurisdictional determination in Docket No. 41163, and we conclude that this court has jurisdiction to review the appeal. We construe the motion for a jurisdictional confirmation in Docket No. 42265 as seeking a jurisdictional determination, and we grant the motion on the basis that this court has jurisdiction. Therefore, we shall allow the appeals in Docket Nos. 41163 and 42265 to proceed. In Docket No. 41163, we grant appellants' unopposed May 10, 2004 motion regarding the briefing schedule. Appellants shall have 45 days from the date of this order within which to file the opening brief and appendix. fn7[We deny appellants' alternative request, advanced in their motion for a jurisdictional determination, to hold this appeal in abeyance until all of the subcontractors' cases are completed in the district court and appealed.] Thereafter, briefing shall proceed under NRAP 31(a)(1). In Docket No. 42265, the briefing schedule and NRAP 9(a) requirements shall remain suspended pending further order of this court. As this appeal was removed from the court's Settlement Conference Program on March 16, 2004, for resolution of appellants' motion for jurisdictional confirmation, we now direct the clerk of this court to issue a notice reassigning this appeal to the Settlement Conference Program. This court may still lack jurisdiction over the appeal in Docket No. 41332. We defer ruling on the motion to dismiss pending appellants' response to this potential jurisdictional defect. Appellants shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction, because of the possibly pending counterclaim. The briefing schedule in this appeal remains suspended pending further order of this court. Respondents may file any reply within ten days from the date that appellants' response is served. Nos. 41163/ 41332/ 42265 – cases are not consolidated. | | 04-15362
|
| 08/31/2004 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 12/09/2004 | Notice/Incoming | Filed Notice of Appearance. Bremer, Whyte, Brown & O'Meara, LLP as counsel for respondent. | | 04-22517
|
| 12/15/2004 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 04-22886
|
| 12/22/2004 | Order/Procedural | Filed Order. Reinstating Briefing and Regarding Counsel for Respondent. Pursuant to NRAP 16(g), the settlement judge has filed a report with this court indicating that the parties were unable to agree to a settlement. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. Appellants shall have 15 days from the date of this order to request transcripts in compliance with NRAP 9(a). See also NRAP 10(b) and 30(b)(1). Further, appellants shall have 120 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). In preparing and assembling the appendix, counsel shall strictly comply with the provisions of NRAP 30. Further, we note that when this appeal was docketed in this court on October 29, 2003, attorneys Michael W. Brimley and J. Preston Shoell of Peel, Brimley & Spangler were identified as counsel for respondent. On December 1, 2003, Daniel F. Polsenberg of Beckley Singleton filed a notice of appearance indicating that he is counsel for respondent. On December 9, 2004, Robert E. Schumacher of Bremer, Whyte, Brown & O'Meara filed a notice of appearance indicating that he is counsel for respondent. Neither notice of appearance was signed by respondent or any previously identified counsel. It is unclear whether respondent was attempting to change attorneys or add co-counsel with each of the notices. This court shall consider all of these attorneys as counsel of record for respondent unless an appropriate document to the contrary is filed. | | 04-23355
|
| 01/10/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 05/19/00, 08/18/00, 11/29/00, 06/28/02, 01/30/03, and 03/07/03. To Court Reporter: Dept. VJ6, Dept. XX, D. Prock, C. Magnusson, D. Caldwell and L. Makowski. | | 05-00536
|
| 01/24/2005 | Notice/Incoming | Filed Notice. Consent to Service by Electronic Means. (Backus Carranza firm) | | 05-01461
|
| 01/27/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Supplemental Request. Transcripts requested: 08/30/99, 05/19/00, 08/18/00, 11/29/00, 06/28/02, 01/30/03, 03/07/03. To Court Reporter: Dept. VJ6 & Dept. XX. | | 05-01762
|
| 02/25/2005 | Notice/Incoming | Filed Notice. Notice of Change of Firm Name and Address. Firm name has changed to Peel Brimley LLP. | | 05-03797
|
| 04/08/2005 | Transcript | Filed Transcript. Proceedings: 3/12/03. Court Reporter: Lisa Makowski. | | 05-06977
|
| 04/14/2005 | Motion | Filed Stipulation and Order. Brief due: May 23, 2005. | | 05-07386
|
| 04/19/2005 | Notice/Incoming | Filed Proof of Service. of Reporter's Transcript of Bench Trial of March 12, 2003. | | 05-07579
|
| 04/25/2005 | Order/Procedural | Filed Order. Disapproving Service by Electronic Means. On January 24, 2005, attorney Leland Eugene Backus of the law firm Backus Carranza filed a document entitled 'Consent to Service by Electronic Means.' Counsel states that pursuant to NRCP 5, his firm consents to the service of documents 'by electronic means, including e-mail and/or facsimile transmission.'NRCP 5 does not apply to proceedings in this court. See NRCP 1 and NRAP 1. The applicable rule in this court, NRAP 25(1)(c), provides that service 'may be personal, by mail, or by third-party commercial carrier for delivery within 3 calendar days.' Accordingly, we disapprove service by electronic means in this case. Until such time as this court amends its rules to allow for service by electronic means, all documents must be served in accordance with NRAP 25(1)(c). | | 05-08030
|
| 05/25/2005 | Motion | Filed Motion for Excess Pages. Appellants Venetian Casino Resort, LLC, Grand Canal Mall Shops Construction, LLC, and National Union Fire Insurance Company of Pittsburgh, PA's Motion for Leave to File a 166-Page Opening Brief. | | 05-10256
|
| 05/25/2005 | Other | Other. Received Addemdum to Appellant's Opening Brief.
09/22/05 Order: filed addendum.jcr | | 05-10261
|
| 06/03/2005 | Motion | Filed Response to Motion. Notice of Intent to Oppose Motion for Leave to File a 166 Page Opening Brief. | | 05-10935
|
| 06/09/2005 | Motion | Filed Motion to Extend Time. | | 05-11422
|
| 06/13/2005 | Motion | Filed Response to Motion. Appellant's Objections to Respondent's Notice of Intent to File Opposition to Appellant's Motion to File a 166-page Opening Brief and Opposition to Respondent's Motion for Extension of Time. | | 05-11539
|
| 06/15/2005 | Motion | Filed Response to Motion. Respondent's Opposition to Appellants' Motion for Leave to File a 166-Page Opening Brief and Counter-Motion to Strike Portions of Brief. | | 05-11759
|
| 06/20/2005 | Notice/Incoming | Filed Proof of Service. Certificate of Service or Respondent's Opposition to Appellant's Motion for Leave to file a 166-page Opening brief and Counter-Motion to Strike Portions of Brief filed on June 15, 2005. | | 05-12073
|
| 06/24/2005 | Motion | Filed Motion to Extend Time. | | 05-12425
|
| 06/27/2005 | Motion | Filed Stipulation. | | 05-12519
|
| 06/27/2005 | Other | Other. Filed Appellants' Request for Leave to File Reply Brief; Appellants' Reply to Respondent's Opposition to Appellant's Motion for Leave to File a 166-page Opening Brief; and Appellants' Opposition to Respondent's Counter-Motion to Strike Portions of Brief. | | 05-12617
|
| 07/18/2005 | Motion | Filed Motion to Extend Time. Motion for Additional Time in which to file Respondent's Answeirng Brief (Second Request). | | 05-14240
|
| 07/25/2005 | Motion | Filed Response to Motion. Appellants' Response to QMC's Motion for Additional Time in which to File Answering Brief. | | 05-14666
|
| 09/21/2005 | Motion | Filed Motion to Extend Time. (third request) | | 05-18739
|
| 09/22/2005 | Order/Procedural | Filed Order. Appellants have moved for permission to file a 166-page opening brief. Appellants have moved for permission to file a reply. Incorporated in the same document was the reply itself and an opposition to the motion to strike portions of their opening brief. We grant the motion. We deny the motion to file a 166-page opening brief. The clerk shall return, unfiled, the opening brief received on May 25, 2005. Appellant shall have 30 days from the date of this order to file an opening brief that does not exceed 100 pages. Respondent shall have 30 days from service of the opening brief to file an answering brief that does not exceed 100 pages. If a reply brief is deemed necessary, appellant shall file a reply brief that does not exceed 50 pages within 30 days from service of the answering brief. We direct the clerk to file the addendum and appendix received on May 25, 2005, and the supplemental appendix received on June 7, 2005. We deny as moot respondent's motion to strike portions of the opening brief. This court will disregard any arguments improperly included in the parties' briefs. No court reporter is obligated to prepare transcripts for proceedings that occurred on August 30, 1999, and May 19, 2000, and that there were no proceedings on June 28, 2002. Appellants included a November 29, 2000, transcript in their appendix. Court reporter Cindy Magnussen reported the August 18, 2000, proceedings; court reporter Diann Prock reported the January 30, 2003, proceedings; and court reporter Lisa Makowski reported the March 7, 2003, proceedings. Ms. Magnussen, Ms. Prock, and Ms. Makowski shall have 20 days from the date of this order to prepare and file these transcripts. If more time is needed, the court reporters shall, within the same time period, file a motion requesting an extension of time. If the requested transcripts cannot be produced, the court reporters shall notify this court, in writing, of this fact. | | 05-18852
|
| 09/22/2005 | Other | Other. Returned unfiled to attorney Leland Eugene Backus, the original and 3 copies of the 166-page Appellant's Opening Brief received on May 25, 2005 with a copy of the 09/22/05 order and without a letter. | | |
| 09/22/2005 | Other | Other. Addendum to Appellant's Opening Brief. | | 05-10261
|
| 09/22/2005 | Appendix | Filed Appendix to Opening Brief. Volumes 1 through 28. | | 05-10262
|
| 09/22/2005 | Appendix | Filed Appendix. Appellant's Supplemental Appendix, Volumes 1 and 2. | | 05-11101
|
| 09/28/2005 | Transcript | Filed Transcript. Proceedings: 08/18/00 and 01/30/03. Court Reporter: Cindy Magnussen and Diann Prock. | | 05-19289
|
| 09/29/2005 | Other | Disqualification of Justice Maupin. | | |
| 10/26/2005 | Brief | Filed Opening Brief. | | 05-21216
|
| 10/26/2005 | Brief | Filed Brief. | | 05-21217
|
| 10/26/2005 | Appendix | Filed Appendix. Appellant's Supplemental Appendix, Volume III. | | 05-21218
|
| 11/02/2005 | Motion | Filed Stipulation. 60 days. | | 05-21608
|
| 11/18/2005 | Order/Procedural | Filed Order. Regarding Transcripts and Extending time to file Answering Brief. Transcript due: 20 days. If more time is needed, Ms.Makowski shall, within the same time period, file a motion requesting an extension of time or if the transcripts cannot be produced, notify this court, in writing, of this fact. Failure to comply timely with this order may result in the imposition of sanctions, including monetary sanctions and referral to the Certified Shorthand Reporters Board of Nevada. Answering brief due: January 23, 2006. | | 05-22846
|
| 12/29/2005 | Transcript | Filed Transcript. Proceedings: 3/12/03. Court Reporter: Lisa Makowski. | | 05-25371
|
| 01/12/2006 | Notice/Incoming | Filed Notice of Appearance. Weinberg, Wheeler, Hudgins, Gunn & Dial as counsel for appellants. | | 06-00851
|
| 01/17/2006 | Motion | Filed Motion. Joint Motion to Stay Briefing and Send Case to Settlement Program or, in the Alternative, Motion for a 90-Day Extension of Time. | | 06-01131
|
| 01/24/2006 | Order/Procedural | Filed Order Granting Motion. Assigning Appeal to Settlement Conference Program. We grant the parties' joint motion to reassign this appeal to the court's settlement conference program. The clerk shall issue a notice assigning this appeal to the program. Briefing and the preparation of transcripts are suspended pending further order of this court. | | 06-01746
|
| 01/26/2006 | Settlement Notice | Issued Notice: Settlement Judge Reassignment. New Settlement Judge: Lester H. Berkson | | |
| 03/06/2006 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: May 31, 2006.
Missing from correspondence file. ap 12/21/06 | | 06-04862
|
| 06/02/2006 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued. | | 06-11560
|
| 07/07/2006 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued. | | 06-14044
|
| 10/23/2006 | Settlement Program Report | Filed Interim Settlement Program Report. The parties have agreed to a settlement of this matter. | | 06-21731
|
| 10/25/2006 | Order/Procedural | Filed Order. Stipulation or Motion to Dismiss due: 30 days. | | 06-21963
|
| 10/31/2006 | Other | Returned Mail. Set. Conf. Status Report filed 10/23/06 addressed to Weinberg Wheeler Hudgins Gunn & Dial LLC remailed to corrected address. | | |
| 11/16/2006 | Motion | Filed Stipulation/Dismiss Appeal. Stipulation for Voluntary Dismissal. | | 06-23529
|
| 11/20/2006 | Order/Dispositional | Filed Stipulated Dismissal. Pursuant to the settlement conference, the stipulation of the parties and cause appearing, " . . . this appeal is dismissed." The parties shall bear their own costs and attorney fees. NRAP 42(b). SNP/CLK | | 06-23714
|
| 11/20/2006 | Case Status Update | Case Closed. No remittitur issued. | | |