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United States Court Cases

Nevada Supreme/Appellate Court Record

VACATION VILLAGE VS. COUNTY OF CLARK

Case Information: 40131
Short Caption:VACATION VILLAGE VS. COUNTY OF CLARKCourt:Supreme Court
Related Case(s): 46116
Lower Court Case(s):Clark Co. - Eighth Judicial District - A441267Classification:Civil Appeal - General - Other
Disqualifications:RoseCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/15/2003 / Berkson, LesterSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/29/2002OtherDisqualification of Justice Rose.
08/29/2002OtherDisqualification of Justice Leavitt.
08/29/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kermitt L. Waters--check no. 6385.
08/29/2002Notice 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.) 02-15034
09/13/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: David K. Robinson. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/16/2002Docketing StatementFiled Docketing Statement. 02-16042
09/16/2002Notice/Outgoing Letter. David K. Robinson. (Docketing statement)
09/23/2002Docketing StatementFiled Response to Docketing Statement. 02-16492
09/27/2002Notice/Outgoing Letter. David K. Robinson. (Response to Docketing Statement)
10/02/2002Notice/IncomingFiled Proof of Service. of County of Clark's Confidential Settlement Statement to Settlement Judge Robinson. 02-17057
10/08/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kermitt L. Waters--check no. 6584.
10/08/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellant.) 02-17363
10/16/2002Notice/Outgoing Letter. David K. Robinson. (Notice of Appeal)
10/23/2002Docketing StatementFiled Docketing Statement. 02-18359
10/23/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 02-18370
10/23/2002Notice/Outgoing Letter. David K. Robinson. (Docketing statement)
10/29/2002Notice/Outgoing Letter. David K. Robinson. (Amended Notice of Appeal)
12/10/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 4, 2003. 02-21105
03/27/2003MotionFiled Motion. Motion to Withdraw as Counsel for Appellant Vacation Village Inc. 03-05158
04/14/2003Notice/IncomingFiled Substitution of Attorneys. Appellants CEH Properties and Vacation Village substitute the law firm of John Peter Lee, LTD. as its attorney in the place and stead of Laura Wightman Fitzsimmons (CEH Properties is not listed as an appellant). 03-06344
04/15/2003Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Lester H. Berkson.
04/17/2003Notice/Outgoing Letter. Lester H. Berkson. (Substitution of Attorneys)
06/17/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued for approx. 6 months for further negotiations. 03-10123
01/22/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 10, 2004. 04-01340
03/04/2004Notice/IncomingFiled Substitution of Attorneys. Gordon & Silver, Ltd., is hereby substituted as counsel for VVLV, LLC in place and stead of Kermit L. Waters Law Offices. 04-04109
03/04/2004OtherDisqualification of Justice Shearing. Law firm of Gordon & Silver.
03/05/2004Notice/Outgoing Letter. Lester H. Berkson. (Substitution of Counsel)
04/07/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued for 60-90 days for further negotiations. 04-06407
07/23/2004Notice/IncomingFiled Notice of Appearance. Cynthia A. LeVasseur of Snell & Wilmer appears on behalf of VVLV, LLC and Turnberry/Centra Sub, LLC. 04-13470
08/05/2004MotionFiled Motion. Appellant Vacation Village, Inc.'s Motion to Determine Jurisdiction and, if None, to Dismiss. 04-14221
08/10/2004Settlement Program ReportFiled Interim Settlement Program Report. Settlement Judge recommends that this appeal be removed from the settlement program. 04-14458
08/16/2004MotionFiled Response to Motion. Respondents' Opposition to Appellant Vacation Village, Inc.'s Motion to Determine Jurisdiction and, if None, to Dismiss. 04-14802
08/20/2004Notice/IncomingFiled Joinder. Joinder in Respondents' Opposition to Appellant Vacation Village, Inc.'s Motion to Determine Jurisdiction and, if None, to Dismiss. 04-15075
08/30/2004Notice/IncomingFiled Errata. Errata to Pages 2 & 14 of Respondents' Opposition to Appellant Vacation Village, Inc.'s Motion to Determine Jurisdiction and, if none, to Dismiss. 04-15768
09/01/2004MotionFiled Motion for Permission to File Document. Motion for Leave to File a Reply in Support of Motion to Determine Jurisdiction and, if None, to Dismiss. 04-15959
09/09/2004MotionFiled Response to Motion. Opposition to Motion for Leave to File a Reply in Support of Motion to Determine Jurisdiction and, if None, to Dismiss. 04-16532
09/15/2004Notice/IncomingFiled Errata. Second Errata to Respondents' Opposition to Appellant, Vacation Village, Inc.'s Motion to Determine Jurisdiction and, if none, to Dismiss. 04-16995
09/21/2004Settlement Order/Procedural Order Removing From Settlement Program/Briefing Reinstated. 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 conference program. Briefing and the requesting of transcripts shall remain suspended, however, pending resolution of appellant Vacation Village Inc.'s ('Vacation') motion regarding jurisdiction. Cause appearing, we grant Vacation's motion to file a reply to respondents' response to the motion regarding jurisdiction. A copy of a proposed reply is attached to the motion to file a reply. fn1[We remind counsel for Vacation that when filing a motion for permission to file documents, any such proposed document should be submitted under separate cover, not attached to the motion.] That proposed reply, however, is not signed. Accordingly, it will not be filed. Vacation shall file its reply within 7 days from the date of this order. 04-17504
09/30/2004MotionFiled Reply to Response. Reply in Support of Motion to Determine Jurisdiction and, if none, to Dismiss. 04-18123
12/13/2004Order/DispositionalFiled Order Dismissing Appeal. fn1[Although appellant Turnberry/Centra Sub, LLC, apparently was not involved in this matter at the time this appeal was filed, it now appears as the successor-in-interest to VVLV's rights and claims and, therefore, is included in the dismissal of this appeal.] This court lacks jurisdiction and ' . . . we dismiss this appeal.' fn11[We note that, for reasons next discussed, this dismissal does not affect any party's right to appeal following a final judgment in the district court. Hallicrafters, 102 Nev. 526, 728 P.2d 441.] fn13[In this appeal, statements made by both appellants in the docketing statements and elsewhere, as pointed out above, have not been entirely accurate or devoid of misleading information. However, we recognize that many of these problems and the instigation of this jurisdictionally deficient appeal stemmed, at least in part, from the vagueness of the district court's written orders. Although we decline respondents' invitation to impose dismissal or cost sanctions at this time, we remind counsel of their obligation to provide this court with complete and accurate information in the docketing statement and all other papers submitted to this court, and caution counsel that any misleading information in future submittals may result in the imposition of sanctions.] NNP04-NB/DA/MG 04-22665
01/07/2005RemittiturIssued Remittitur. 05-00022
01/07/2005Case Status Update Remittitur Issued/Case Closed.
01/28/2005RemittiturFiled Remittitur. Received by County Clerk on January 10, 2005. 05-00022