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United States Court Cases

Nevada Supreme/Appellate Court Record

CITY OF LAS VEGAS VS. MOLDON C/W 27801, 29550

Case Information: 27941
Short Caption:CITY OF LAS VEGAS VS. MOLDON C/W 27801, 29550Court:Supreme Court
Consolidated: 27801 *, 27941, 29550 Related Case(s): 47549 , 55080
Lower Court Case(s):Clark Co. - Eighth Judicial District - A344462Classification: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
01/16/1996Record on Appeal DocumentsFiled Record on Appeal. Volumes 1 through 3. (Docketing statement mailed to counsel for appellant).
02/01/1996Other Returned Unfiled Document. (not typed on form provided).
02/02/1996Docketing StatementFiled Docketing Statement.
02/08/1996Notice/OutgoingIssued Notice of Modification of Caption. Mailed to counsel and county clerk.
02/09/1996MotionFiled Stipulation and Order. Brief due: March 11, 1996.
02/12/1996Docketing StatementFiled Response to Docketing Statement.
03/12/1996Order/ProceduralFiled Order/Show Cause. Appellant shall have 30 days from the date of this order to show cause why this appeal should not be dismissed for lack of jurisdiction. We suspend the briefing schedule of this appeal pending our resolution of this jurisdictional issue.
03/13/1996BriefFiled Opening Brief. Mailed on: 3/11/96.
04/11/1996MotionFiled Response to Order to Show Cause.
04/22/1996MotionFiled Motion to Extend Time. Request for Extension of One Judicial Day in which to file Appellant's Response to Show Cause Order.**
04/22/1996MotionReceived Response to Order to Show Cause.
04/26/1996Order/Clerk'sFiled Clerk's Order Granting Motion. The response to order to show cause provisionally submitted on April 22, 1996, shall be filed, forthwith.**
04/26/1996MotionFiled Response to Order to Show Cause. **
05/03/1996MotionFiled Motion to Strike. Motion to Strike Mislabeled Document and Motion for Extension of Time.
05/03/1996MotionFiled Motion to Consolidate. (Nos. 27801 and 27941).
05/08/1996Order/ProceduralFiled Order. In Docket No. 27941. On March 12, 1996, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. On April 11, 1996, appellant filed a response to our order to show cause, notifying this court that it planned to seek a certification of finality pursuant to NRCP 54(b) and requesting an additional thirty days to provide this court with the appropriate documentation. We grant appellant's request. Appellant shall have 30 days from the date of this order to fully comply with our order of March 12, 1996. On April 22, 1996, we received appellant's response to our order to show cause in the case of City of Las Vegas Downtown Redevelopment Agency v. James R. Crockett, Sr., et al., docket number 27801. Because the response was one day late, appellant also filed a request for extension of time to file a response to our order to show cause. The clerk of this court granted the request for an extension of time and filed appellant's response. Appellant erroneously listed the docket number on its response and request for an extension of time, as docket number 27941, which is the docket number for this case. The clerk of this court incorrectly filed appellant's request for an extension of time, order granting appellant's request, and response to our order to show cause in docket number 27941. We direct the clerk of this court to refile these documents in docket number 27801. (Nos. 27801 and 27941.)
05/08/1996Other Other. Re-Filed Request for Extension of One Judicial Day in which to file Appellant's Response to Order to Show Cause Order (docket number 27801).
05/08/1996Other Other. Re-filed Clerk's Order Granting the Motion filed April 22, 1996. The response to order to show cause provisionally submitted on April 22, 1996, shall be filed forthwith (docket number 27801).
05/08/1996Other Other. Re-filed Response to Order to Show Cause. (docket no. 27801).
05/13/1996Other Other. Filing Response to Order to Show Cause order.
06/26/1996Other Other. Filing Order on May 13, 1996, appellant responded to our order of March 12, 1996, by submitting a certification of finality pursuant to NRCP 54 (b) entered by the district court on May 10, 1996 (Docket No. 27941). We conclude that the certification of finality is valid and this appeal may proceed. It appears that the issues presented in this appeal are virtually indentical to the issues pending in this court in docket No. 27801. We grant appellant's motion to consolidate, and we consolidate Docket No. 27941 and Docket No. 27801 for all appellate purposes. Appellant has filed an opening brief in docket No. 27941. Appellant shall have 30 days from the date of this order to file a supplement to the opening brief, addressing any additional issues presented in Docket No. 27801. The briefing shall then proceed in accordance with NRAP 31(a). 2[The clerk of this court shall amend the caption on this court's docket in case number 27941 so that it is consistent with the caption appearing on this order]. (Nos. 27801 & 27941).
06/27/1996Other Other. Filing Motion to Supplement Record on Appeal. (Nos. 27801 and 27941).
07/10/1996Notice/IncomingFiled Notice of Association of Counsel. The City of Las Vegas Downtown Redevelopment Agency, hereby associates Daniel F. Polsenberg and Rex A. Jemison, of the firm of Beckley, Singleton, Jemison & List as counsel in these matters. (Nos. 27801 and 27941).
07/17/1996Other Other. Filing Stipulation and Order that Appellant shall have to and including August 26, 1996, to file the Supplemental Opening Brief. (Nos. 27801 and 27941).
07/24/1996Record on Appeal DocumentsReceived Record on Appeal. Vol. 7, Docket No. 27801. (Nos. 27801 and 27941).
08/23/1996Other Other. Filing Motion for Extension of Time to File Appellant's Supplement to Opening Brief. (Nos. 27801 and 27941).
08/29/1996Order/Clerk'sFiled Clerk's Order. The Appellant's Supplement to the Opening Brief shall be served and filed on or before September 25, 1996. (Nos. 27801 and 27941).
09/26/1996Other Other. Filing Motion for Extension of Time to File Appellant's Supplement to Opening Brief. (Nos. 27801 and 27941).
10/02/1996Other Other. Filing Notice of Erratum: Motion for Extension of Time to file Appellant's Supplement to Opening Brief. The date requested should be October 7, 1996. (Nos. 27801 and 27941).
10/09/1996Other Other. Received Appellant's Supplemental Opening Brief. (Mailed on 10/7/96). (Nos. 27801 and 27941).
10/23/1996Other Other. Filing Order on June 27, 1996, appellant filed a motion for leave to supplement the record on appeal with nine documents related to a district court order denying appellant's motion for NRCP 60 (b) relief from judgment. We deny the motion to supplement the Record on Appeal with the aforementioned documents. The clerk of this court shall return to the district court, unfiled, the supplemental Record on Appeal received by this court on July 24, 1996, designated as volume 7 of the Record on Appeal. On September 26, 1996, appellant filed a motion for an extension of time to file Appellant's Supplement to the Opening Brief in these consolidated appeals. 2[The supplement to the opening brief was due to be filed on September 25, 1996, and that the motion in therefore untimely]. The clerk of this court shall file the supplemental opening brief, submitted provisionally on October 9, 1996, forthwith. (Nos. 27801 and 27941).
10/23/1996Other Other. Filing Appellant's Supplemental Opening Brief. (Mailed on 10/7/96). (Nos. 27801 and 27941).
10/23/1996Other Other. Returned, unfiled with letter, Record on Appeal Vol. 7, Docket No. 27801. (Nos. 27801 and 27941).
11/25/1996MotionFiled Stipulation and Order. Brief due: Respondent's shall have to and including December 26, 1996, to file their answering briefs. (Nos. 27801 and 27941).
12/04/1996MotionFiled Motion for Permission to File Document. Respondent's Motion to Dismiss. (Nos. 27801 and 27941).
12/16/1996MotionFiled Motion. Enlargement of Time to File Opposition to Respondents' Motion to Dismiss. (Nos. 27801 and 27941).
12/17/1996MotionFiled Stipulation. (Second Request). (Nos. 27801 and 27941).
12/17/1996Other Other. Filed Motion to Enlarge the Time to Oppose the Motion to Dismiss. (Nos. 27801 and 27941).
12/18/1996Order/Clerk'sFiled Clerk's Order. Appellant shall have to and including December 23, 1996, to serve and file an opposition to respondents' motion to dismiss. (Nos. 27801 and 27941).
12/23/1996Order/Clerk'sFiled Clerk's Order. Appellant has requested leave to file an untimely "Motion for Enlargement of Time to File Opposition to Respondent's Motion to Dismiss." Appellant's motion having been filed on December 16, 1996, the request is denied as moot. (Nos. 27801 and 27941).
12/24/1996Other Other. Filed Appellant's Response to Motion to Dismiss. (Nos. 27801 and 27941).
01/15/1997MotionFiled Motion to Consolidate. And Motion to Stay Briefing Schedule. (Nos. 27801 and 27941 and 29550).
09/12/1997Other Other. Filed 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 Nos. 27801 and 27941. Appellant opposed respondents' motion by summarily contending, in one sentence, and without explanation, that the appeals ae 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 and 27941 and 29550).
10/13/1997MotionFiled Response to Order to Show Cause. (Nos. 27801 and 27941 and 29550).
01/23/1998Other Other. Filed 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 poject. The district court shall then have 60 days from the date of tis 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 and 27941 and 29550).
03/17/1998Other Other. Filed Substitution of Attorneys. A. Grant Gerber, Esq. and Glade Hall, Esq., in place and stead of John M. Netzorg as counsel for Respondents Paul Moldon and Laurel Moldon. (Nos. 27801 and 27941)
03/17/1998Other Other. Filed Motion to Sever and Dismiss as to the Moldon Appeal (Nos. 27801 and 27941 and 29550).
03/30/1998MotionFiled Stipulation. Filed Stipulation for Extension of Time to File. (Nos. 27801, 27941 and 29550.)
04/01/1998TranscriptFiled Transcript. Proceedings: Hearing -- 3/27/98. Court Reporter: James A. Helleso. (Nos. 27801 and 27941 and 29550). (Transcript filed in 27801).
04/06/1998Other Other. Received Opposition to Moldons' Motion to Dismiss. (Nos. 27801 and 27941 and 29550). NO ACTION REQUIRED. SEE ORDER FILED 09/15/98. AH
04/06/1998MotionFiled Motion. Appeal No. 27941. (Nos. 27801 and 27941 and 29550).
04/20/1998Other Other. Filed Supplement to Motion to Sever and Dismiss as to the Moldon Appeal. (Nos. 27801 and 27941 and 29550).
06/23/1998Other Other. Filed Supplemental Report re: Moldon's Motion to Sever and Dismiss. (Nos. 27801 and 27941 and 29550).
09/15/1998Other Other. Filed 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 conducted an evidentiary hearing. The district court did not fully resolve mootness issue. One June 9, 1998, the bankruptcy court approved 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 Molden filed a motion to sever and dismiss the appeal in Docket No. 27941. We deny this motion. Respondents shall have 30 days from this order to file their answering briefs. Briefing shall then proceed in accordance with NRAP 31(a). 1[We grant appellant's motion to supplement the record on appeal.] (Nos. 27801 and 27941 and 29550).
09/18/1998Other Other. 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 and 27941 and 29550).
10/15/1998Other Other. Filed Respondent's Answering Brief (Paul and Laurel Moldon). (Mailed on: postmark unreadable) (Nos. 27801 and 27941 and 29550).
10/16/1998Other Other. Filed Respondent's Answering Brief (Crockett and Atlantic Penion Fund). (Mailed on 10/15/98) (Nos. 27801 and 27941 and 29550).
11/16/1998Other Other. Filed Notice of Substitution of Counsel. Respondents Paul Moldon and Laurel Moldon substituted Chuck Gardner as counsel in stead of A. Grant Gergber and Glade Hall in case no. 27941. (Nos. 27801 and 27941 and 29550).
11/16/1998MotionFiled Motion and Order Extending Time. Appellants may have to and including December 15, 1998, to file the reply brief in Nos. 27801 and 27941 and 29550.
11/30/1998MotionFiled Response to Motion. (Nos. 27801 and 27941 and 29550).
12/11/1998MotionFiled Motion to Extend Time. To filed Appellant's Reply Brief. (Second Request, Nos. 27801, 27941 and 29550.)
12/18/1998MotionFiled Response to Motion. (Nos. 27801 and 27941 and 29550).
01/06/1999MotionFiled Motion. Motion for Disqualification of Beckley Singleton law firm. (Nos. 27801 and 27941 and 29550).
01/07/1999Other Other. Filed Addendum to Motion for Disqualification. (Nos. 27801 and 27941 and 29550).
01/14/1999Other Other. Filed 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 and 27941 and 29550).
01/14/1999Other Other. Filed 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 and 27941 and 29550). Mailed on 1/15/1999.
01/19/1999Other Other. Filed 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 and 27941 and 29550). Mailed on 1/15/99.
02/01/1999Letter/IncomingFiled Letter. Letter from attorney Daniel F. Polenberg regarding pending motion for extension of time. (Nos. 27801 and 27941 and 29550). Mailed on 1/25/99.
02/05/1999Other Other. Filed Order we grant appellatn's motion in part. Appellant shall have 15 days from the date of this order to serve and file an opposition to the Moldon respondents' motion for disqualification. Briefing in this matter is suspended and shall remain suspended pending further order of this court. (Nos. 27801 and 27941 and 29550).
02/25/1999Other Other. Filed Opposition to Motion to Disqualify Opposing Counsel. (Nos. 27801 and 27941 and 29550).
03/02/1999MotionFiled Motion. Motion for Permission to file a Reply to the Opposition to the Motion for disqualification. (Nos. 27801 and 27941 and 29550).
03/02/1999Other Other. Received Reply to Opposition to Motion for Permission t file Reply to Motion to Disqualify Counsel. (Nos. 27801 and 27941 and 29550).
03/11/1999MotionFiled Response to Motion. Opposition to Motion for Permission to File Reply to Motion to Disqualify Counsel.
04/14/1999Other Other. Filed Order on January 6, 1999, respondents Paul and Laurel Moldon filed a motion to disqualify appellants 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. 1[We deny respondents' request for reconsideration of this court's order granting appellant's motion for enlargement of time filed January 14, 1999. We grant respondents' 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 and 27941 and 29550).
04/14/1999Other Other. Filed Reply to Opposition to Motion for Disqualification. (Nos. 27801 and 27941 and 29550).
04/23/1999BriefFiled Reply Brief. Mailed on: 4/21/00 (Nos. 27801 and 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) 00-15173
09/13/2000Case Status Update Submitted for Decision. Panel: SNP00A-CY/WM/NB. Nos. 27801, 27941, 29550.
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 Dowtown 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. 01-19031
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. Returned Record on Appeal, Vols. 1 through 3 this day. 01-19617
12/12/2001Case Status Update Remittitur Issued/Case Closed.
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on December 19, 2001. 01-19617