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United States Court Cases

Nevada Supreme/Appellate Court Record

CITY OF LAS VEGAS VS. CROCKETT C/W 27801, 27941

Case Information: 29550
Short Caption:CITY OF LAS VEGAS VS. CROCKETT C/W 27801, 27941Court:Supreme Court
Consolidated: 27801 *, 27941 , 29550Related Case(s): 27801
Lower Court Case(s):Clark Co. - Eighth Judicial District - A345549Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:09/13/2000 at 10:30 AMOral Argument Location:Las Vegas Office
Submission Date:06/15/2001How Submitted:On Supplemental Briefs And Record

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/18/1996Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
11/27/1996Record on Appeal DocumentsFiled Record on Appeal. (Copy)
12/02/1996Other Other. Returned unfiled docketing statement. (Not submitted on proper form.)
12/04/1996MotionFiled Motion to Extend Time. To file docketing statement.
12/04/1996Docketing StatementReceived Docketing Statement.
12/09/1996Order/Clerk'sFiled Clerk's Order. Granting motion. Docketing statement provisionally submitted on December 4, 1996, shall be filed, forthwith.
12/09/1996Docketing StatementFiled Docketing Statement.
12/09/1996Notice/OutgoingIssued Notice. To file case appeal statement. Due date: 10 days.
12/09/1996Notice/OutgoingIssued Notice. To confirm as counsel on appeal. Due date: 10 days.
12/09/1996Notice/OutgoingIssued Notice. To transmit required document. Docket entries. Due date: 10 days.
12/13/1996Notice of Appeal DocumentsReceived Documents from District Court Clerk. District court docket entries.
12/16/1996Notice/IncomingReceived Notice. Confirmation of counsel. Letter confirming John M. Netzorg as counsel for appellants James Crockett, Aileen Crockett and Atlantic Pension Fund.
12/17/1996Other Other. Received copy of case appeal statement. Filed in district court on: 12/13/96.
01/15/1997MotionFiled Motion. To consolidate appeals and to stay briefing schedule. (Nos. 27801, 27941 and 29550.)
09/12/1997Order/ProceduralFiled Case Processing Order. The appeals in docket Nos. 27801 and 27941 were consolidated by order of this court on June 26, 1996, because the facts and issues presented in each appeal are virtually identical. On January 15, 1997, appellant moved to consolidate Docket No. 29550 with the previously consolidated appeals. We grant appellant's motion and consolidate Docket No. 29550 with Docket Nos. 27801 and 27941 for all appellate purposes. On December 4, 1996, respondents moved for dismissal of the appeals docketed as Nos. 27801 and 27941. Appellant opposed respondent's motion by summarily contending, in one sentence, and without explanation, that the appeals are not moot. Appellant shall have 30 days from the date of this order to show cause why these appeals should not be dismissed as moot. (Nos. 27801, 27941 and 29550.)
10/13/1997MotionFiled Response to Order to Show Cause. Appellant's response to September 12, 1997, Order to Show Cause. (Nos. 27801, 27941 and 29550.)
01/23/1998Order/ProceduralFiled Case Processing Order. Of Limited Remand. We defer our decision on respondent's motion to dismiss, and we remand this matter to the district court for the limited purpose of conducting an evidentiary hearing on whether the Stratosphere accepts or rejects the Owner Participation Agreement and, if the agreement is rejected, whether appellant intends to acquire the property independently of the Stratosphere project. The district court shall have 60 days from the date of this order to conduct the evidentiary hearing and to enter its written finding on these issues. The district court clerk shall then have 5 days to transmit a certified copy of the district court's findings to this court. (Nos. 27801, 27941 and 29550.)
03/17/1998MotionFiled Motion to Dismiss Appeal. Filed motion to sever and dismiss as to the Moldon appeal. (Nos. 27801, 27941 and 29550.)
03/30/1998MotionFiled Stipulation. For extension of time to file. (Nos. 27801, 27941 and 29550.)
04/03/1998TranscriptFiled Transcript. Certified copy of Transcript of Proceedings. Hearing--3/27/98. Court Reporter: James A. Helleso. (27801, 27941, 29550) (Transcript filed in 27801.)
04/06/1998MotionReceived Response to Motion. Opposition to Moldons' Motion to Dismiss. (Nos. 27801, 27941 and 29550.) NO ACTION REQUIRED. SEE ORDER FILED 09/15/98. AH
04/06/1998MotionFiled Motion. To supplement record on appeal. (Appeal No. 27941) (Nos. 27801, 27941 and 29550.)
04/20/1998Other Other. Filed supplement to motion to sever and dismiss as to the Moldon appeal. (Nos. 27801, 27941 and 29550.)
06/23/1998Other Other. Filed supplemental report re: Moldon's motion to sever and dismiss. (Nos. 27801, 27941 and 29550.)
09/15/1998Order/ProceduralFiled Case Processing Order. On December 4, 1996, respondents filed a motion to dismiss this complaint on the basis of mootness. On January 23, 1998, this court entered an order of limited remand with instructions to the district court to conduct an evidentiary hearing. The district court conducted an evidentiary hearing. The district court did not fully resolve the mootness issue. On June 9, 1998, the bankruptcy court approved the Stratosphere's plan of reorganization. We conclude that these appeals should not be dismissed for mootness, and we deny respondents' motion to dismiss of December 4, 1996. On March 17, 1998, respondents Paul and Laurel Moldon filed a motion to sever and dismiss the appeal in Docket No. 27941. We deny this motion. Respondents shall have 30 days from the date of this order to file their answering briefs. Briefing shall then proceed in accordance with NRAP 31 (a). Fn1[We grant appellant's motion to supplement the record on appeal.] Nos. 27801, 27941 and 29550.
09/18/1998Notice/IncomingFiled Notice. Filed substitution of counsel: respondents Paul Moldon and Laurel Moldon hereby substitute Chuck Gardner in the place of Glade L. Hall and A. Grant Gerber as their counsel. (Nos. 27801, 27941 and 29550.)
10/15/1998BriefFiled Brief. Respondent's Answering Brief (Paul and Laurel Moldon). (Mailed on: postmark not readable.) (Nos. 27801, 27941 and 29550.) Original brief filed in No. 27801.
10/20/1998BriefFiled Brief. Respondent's Answering Brief. (Crockett and Atlantic Pension Fund.) (Mailed on: 10/15/98.) (Nos. 27801, 27941 and 29550.)
11/16/1998Notice/IncomingFiled Notice. Substitution of counsel. Respondents Paul Moldon and Laurel Moldon substituted Chuck Gardner as counsel instead of A. Grant Gerber and Glade Hall in case no. 27941. (Nos. 27801, 27941 and 29550.)
11/16/1998MotionFiled Motion and Order Extending Time. That appellants may have to and including December 15, 1998, within which to file the reply brief in nos. 27801 and 27941. (Nos. 27801, 27941 and 29550.)
11/30/1998MotionFiled Response to Motion. For enlargement of time to file appellant's reply brief. (Nos. 27801, 27941 and 29550.)
12/11/1998MotionFiled Motion to Extend Time. To file appellant's reply brief (Second request- nos. 27801, 27941 and 29550.)
12/18/1998MotionFiled Response to Motion. For second enlargement of time to file appellant's reply brief. (Nos. 27801, 27941, and 29550.)
01/06/1999MotionFiled Motion. For disqualification [of Beckley Singleton law firm]. (Nos. 27801, 27941 and 29550.)
01/07/1999Other Other. Filed addendum to motion for disqualification. (Nos. 27801, 27941 and 29550.)
01/14/1999Order/ProceduralFiled Case Processing Order. Appellant shall have 7 days from the date of this order to file and serve the reply brief. No further extensions of time shall be granted absent extreme and unforeseeable circumstances. (Nos. 27801, 27941 and 29550.)
01/14/1999MotionFiled Motion to Extend Time. To respond to motion for disqualification and request for stay in briefing pending disposition of the motion for disqualification. (Nos. 27801, 27941 and 29550.)
01/19/1999MotionFiled Response to Motion. Opposition to, or request for reconsideration of, appellant's application for enlargement of time to respond to motion for disqualification and request for stay in briefing pending disposition of the motion for disqualification. (Nos. 27801, 27941 and 29550.) (Mailed on: 1/15/99.)
02/01/1999Letter/IncomingReceived Letter. From attorney Daniel F. Polsenberg regarding pending motion for extension of time. (Nos. 27801, 27941 and 29550.) (Mailed on: 1/25/99.)
02/05/1999Order/ProceduralFiled Case Processing Order. We grant appellant's motion in part. Appellant shall have 15 days from the date of this order to serve and file an opposition to the Moldon respondent's motion for disqualification. Briefing in this matter is suspended and shall remain suspended pending further order of this court. (Nos. 27801, 27941 and 29550.)
02/25/1999MotionFiled Response to Motion. To disqualify opposing counsel. (Nos. 27801, 27941 and 29550.)
03/02/1999MotionFiled Motion. For permission to file a reply to the opposition to the motion for disqualification. (Nos. 27801, 27941 and 29550.)
03/02/1999MotionReceived Reply to Response. Received reply to opposition to motion for disqualification. (Nos. 27801, 27941 and 29550.)
03/11/1999MotionFiled Response to Motion. Opposition to motion for permission to file reply to motion to disqualify counsel. (Nos. 27801, 27941 and 29550.)
04/14/1999Order/ProceduralFiled Case Processing Order. On January 6, 1999, respondents Paul and Laurel Moldon filed a motion to disqualify appellant's counsel Beckley Singleton Jemison Cobeaga & List. We deny the motion to disqualify. On February 5, 1999, we issued an order partially granting appellant's motion for an enlargement of time and staying the briefing in these matters pending further order of this court. Fn1[We deny respondent's request for reconsideration of this court's order granting appellant's motion for enlargement of time filed January 14, 1999. We grant respondent's motion to file a reply, and direct the clerk to file the reply received on March 2, 1999.] We hereby lift the stay in the briefing of these matters; appellant shall have 7 days from the date of this order to file and serve the reply brief. (Nos. 27801, 27941 and 29550.)
04/14/1999MotionFiled Reply to Response. Filed reply to opposition to motion for disqualification. (Nos. 27801, 27941 and 29550.)
04/23/1999BriefFiled Brief. Appellant's reply brief. (Mailed on: 4/21/99.) (Nos. 27801, 27941 and 29550.)
06/30/2000MotionFiled Motion. Paul and Laurel Moldon's Motion to Expedite Appeal. Nos. 27801, 27941, 29550. Doc. No. 00-11216
07/06/2000MotionFiled Motion. Joinder of Respondents James R. Crockett, Sr., Aileen M. Crockett and Atlantic Pension Fund Services in Motion to Expedite Appeal (nos. 27801/27941/29550).
07/14/2000Order/ProceduralFiled Order Granting Motion. On June 30, 2000, respondents in Docket No. 27941 filed a motion to expedite these consolidated appeals. On July 6, 2000, respondents in Docket Nos. 27801 and 29550 filed a joinder in the motion expedite. We grant the unopposed motion. The clerk of this court shall schedule these consolidated appeals for oral argument before the Southern Nevada Panel in September 2000, which is the first available oral argument calendar. Oral argument shall be limited to 30 minutes. Nos. 27801, 27941, 29550. Document No. 12196.
07/28/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 13, 2000 at 10:30 a.m. in Las Vegas. (SNP00A-CY/WM/NB) (Nos. 27801/27941/29550).
08/29/2000Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 27801, 27941 and 29550) 00-15175
09/13/2000Case Status Update Submitted for Decision. Panel: SNP00A-CY/WM/NB. Nos. 27801, 27941, 29550.
04/10/2001Notice/OutgoingIssued Notice of Modification of Caption. Deleted Silver State Disposal Service, Irene G. Williams, Bank of America, City of Las Vegas and Clark County as respondents.
04/23/2001Order/ProceduralFiled Order. Order Transferring Case for En Banc Consideration and Directing Supplemental Briefing. Upon considering the documents on file, the parties' oral arguments, and the novel legal issues presented by these consolidated appeals, we have determined that en banc consideration is warranted. We transfer these consolidated appeals to the full court for review. We have further determined that supplemental briefing would assist us in deciding these consolidated appeals. Accordingly, the City of Las Vegas Downtown Redevelopment Agency, Paul and Laurel Moldon, James R. Crockett, Sr. and Aileen M. Crockett, and Atlantic Pension Fund Services, shall have 30 days from the date of this order in which to file briefs specifically addressing: (please see 1, 2, and 3 of order.) Nos. 27801/27941/29550. (01-06888)
05/24/2001BriefFiled Supplemental Brief. Paul and Laurel Moldon's Supplemental Brief. Mailed on: 05/22/01. Nos. 27801/27941/29550 (01-08724).
05/25/2001MotionFiled Motion to Extend Time. Extension of time to file supplemental brief of appellant, City of Las Vegas Downtown Redevelopment Agency. Nos. 27801/27941/29550. (01-08777)
05/30/2001Other Other. Filed Supplement to Motion for Extension of Time. Nos. 27801/27941/29550. [01-08999]
05/30/2001BriefFiled Supplemental Brief. Supplemental Brief pursuant to the Court's Order Entered April 23, 2001, Transferring Case for En Banc Consideration and Directing Supplemental Briefs. (Submitted by attorney John M. Netzorg, counsel for respondents Crockett and Atlantic Pension Fund.) Nos. 27801/27941/29550 [01-09005]
06/01/2001MotionFiled Motion to Dismiss Appeal. Paul and Laura Moldon's Motion to Dismiss Appeal. Nos. 27801/27941/29550 [01-09185]
06/08/2001BriefReceived Supplemental Brief. Appellant's Supplemental Brief (City of Las Vegas Downtown Redevelopment Agency). Nos. 27801/27941/29550 (01-09617).
06/14/2001MotionFiled Response to Motion. Appellant Agency's Opposition to Moldons' Motion to Dismiss. Nos. 27801/27941/29550 [01-09988]
06/15/2001Order/ProceduralFiled Order. On May 25, 2001, appellant filed a motion for an extension of time until June 6, 2001, to file its supplemental brief. On May 30, 2001, appellant supplemented its motion by submitting a stipulation for extension of time signed by counsel for appellant and by counsel for respondents Crockett and Atlantic Pension Fund Services in Docket Nos. 27801 and 29550. On June 1, 2001, respondents in Docket No. 27941, Paul Moldon and Laurel Moldon, filed a motion to dismiss the appeal in Docket No. 27941 based, in part, on appellant's failure to file its supplemental brief. We deny the Moldons' motion to dismiss the appeal in Docket No. 27941 to the extent the motion is based on appellant's failure to file a timely supplemental brief. We defer ruling on the additional grounds set forth in the Moldons' motion to dismiss pending further order of this court. Pursuant to the stipulation filed on May 30, 2001, we grant appellant's motion for an extension of time. The clerk of this court shall file appellant's supplemental brief received on June 8, 2001. Nos. 27801/27941/29550. (01-10028)
06/15/2001BriefFiled Supplemental Brief. Appellant's Supplemental Brief (City of Las Vegas Downtown Redevelopment Agency). Nos. 27801/27941/29550. (01-09671)
06/15/2001Case Status Update Briefing Completed. Supplemental Brief Completed. Nos. 27801/27941/29550.
06/15/2001Case Status Update Submitted for Decision. Nos. 27801/27941/29550.
06/20/2001MotionFiled Motion for Permission to File Document. Motion for permission to file a reply to the Opposition to Moldon's Motion to Dismiss. Nos. 27801/27941/29550 (01-10406).
06/20/2001MotionReceived Reply to Response. Paul and Laurel Moldon's Reply to Opposition to Motion to Dismiss Appeal. Nos. 27801/27841/29550 (01-10409). 11/27/01 ORDER: RETURNED ORIGINAL UNFILED.
07/02/2001MotionFiled Response to Motion. Appellant Agency's Opposition to Moldons' Motion to File Reply to Opposition to Motion to Dismiss Appeal. Nos. 27801/27841/29550 (01-11106).
08/10/2001MotionFiled Motion. (McDonough firm) Nos. 27801/27941/29550 (01-13615).clerk5
10/25/2001Order/ProceduralFiled Order Granting Motion. for leave to withdraw from representation of appellant in these consolidated appeals, filed August 10, 2001. The clerk of this court shall remove the law firm of McDonough, Holland & Allen from the docket as counsel for appellant in these consolidated appeals. Nos. 27801/27941/29550. (01-17968)
11/15/2001Opinion/DispositionalFiled Per Curiam Opinion. "Reversed and remanded." fn48[We make no ruling on the validity of respondents' arguments that were presented to, but not considered or expressly resolved by, the district court. Nor do we consider the Moldons' argument in their June 1, 2001 motion to dismiss appeal, that their property is not being taken for a public use. That motion is denied; the public use argument is properly raised in the district court.] Before the Court En Banc. Per Curiam-Maupin, C.J., dissenting. 117 Nev. Adv. Opn. No. 67. En Banc. Nos. 27801/27941/29550. 01-19034
11/27/2001Order/ProceduralFiled Order. On November 15, 2001, this court entered an opinion in these consolidated appeals. Our opinion also denied the motion to dismiss appeal filed by respondents Paul Moldon and laurel Moldon on June 1, 2001. In light of the denial of the motion to dismiss appeal, we deny the Moldons' motion for leave to file a reply filed on June 20, 2001. The clerk of this court shall return, unfiled, the reply received on June 20, 2001. (01-19842) Nos. 27801/27941/29550.
11/27/2001Notice/OutgoingIssued Letter. to attorney Chuck Gardner. Returned unfiled, the original Paul and Laurel Moldon's Reply to Opposition to Motion to Dismiss Appeal. Nos. 27801/ 27941/29550.
12/12/2001RemittiturIssued Remittitur. 01-19641
12/12/2001Case Status Update Remittitur Issued/Case Closed.
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on December 17, 2001. 01-19641