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United States Court Cases

Nevada Supreme/Appellate Court Record

PECOS PLAZA VS. KOO KOO ROO C/W 31808

Case Information: 32067
Short Caption:PECOS PLAZA VS. KOO KOO ROO C/W 31808Court:Supreme Court
Consolidated: 31808 *, 32067Related Case(s): 31808
Lower Court Case(s):Clark Co. - Eighth Judicial District - A343275Classification:Civil Appeal - General - Other
Disqualifications:YoungCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/23/1998 / Goldberg, AubreySP Status:Completed
Oral Argument:09/12/2000 at 9:30 AMOral Argument Location:Las Vegas Office
Submission Date:09/12/2000How Submitted:After Oral Argument

Party Information
RoleParty NameRepresented By
AppellantPecos Plaza PartnersSandra L. Pomrenze
RespondentKoo Koo Roo, Inc.William J. Briggs (Richman, Lawrence, Mann, Greene, Chizever, Friedman & Phillips)
David N. Frederick (Lionel Sawyer & Collins/Las Vegas)
Kirby J. Smith (Lionel Sawyer & Collins/Las Vegas)

Docket Entries
DateTypeDescriptionPending?Document
03/30/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Sandra L. Pomrenze - check no. 3486.
03/30/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
04/03/1998Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: E. Leslie Combs. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
04/06/1998Docketing StatementFiled Docketing Statement.
04/06/1998Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: October 14 and 15, 1997. Court Reporters: Margie L. Carlson and Mary Beth Cook.
06/22/1998Order/ProceduralFiled Case Processing Order. On April 27, 1998, the settlement judge filed a settlement conference report in docket No. 31808. In an order filed on May 13, 1998, we rescheduled the appeal in docket No. 31808 for another settlement conference and reassigned the matter to Settlement Judge Aubrey Goldberg. We further directed Koo Koo Roo to show cause why this court should not adopt the settlement judge's recommendation to impose fees and costs. On May 12, 1998, Koo Koo Roo filed an objection to the settlement conference report. On May 22, 1998, Koo Koo Roo filed a response to our order to show cause. We decline to adopt the settlement judge's recommendation to impose fees and costs. Koo Koo Roo states in the objection that there is no need for an additional settlement conference. We deny the request. Docket Nos. 31808 and 32067 arise from the same district court case. We hereby consolidate these appeals. The clerk shall forthwith issue an amended notice of settlement conference reassigning these consolidated matters to Settlement Judge Aubrey Goldberg and forward the necessary documents to the settlement judge. Fn2[We have been informed by Settlement Judge E. Leslie combs that his report in Docket No. 31808 also applies to docket No. 32067.]
06/23/1998Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Aubrey Goldberg. (Settlement conference material forwarded to Judge Goldberg. Nos. 31808 and 32067.)
10/16/1998Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.
12/02/1998Order/ProceduralFiled Order/Show Cause. Appellants in these appeals shall have 30 days from the date of this order to show cause why these appeals should not be dismissed for lack of jurisdiction. Failure to demonstrate that this court has jurisdiction may result in this court's dismissal of these appeals for lack of jurisdiction. The briefing schedule in these appeals shall remain suspended pending further order of this court. Nos. 31808, 32067.
12/10/1998Other Other. Filed Appellant's Showing Cause why the Instant Appeal should not be Dismissed for Lack of Jurisdiction. (Pecos Plazza)
12/31/1998MotionFiled Response to Order to Show Cause. Koo Koo Roo Inc.
02/25/1999Order/ProceduralFiled Case Processing Order. Parties shall have 20 days from the date of this order to file amended notices of appeal. Nos. 31808, 32067.
03/04/1999Notice/IncomingFiled Notice. Of filing Amended Notice of Appeal. Filed in the district court March 2, 1999. Nos. 31808, 32067. Mailed on: Hand delivered 3/4/99.
03/08/1999Other Other. Filed Appellant Pecos Plaza Partner's Certificate of Filing and Service. Nos. 31808, 32067.
03/08/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. In No. 31808. Nos. 31808, 32067.
03/23/1999TranscriptFiled Transcript. Proceedings: Bench Trial - 10/14/97 and 10/15/97. Court Reporter: Margie L. Carlson. (Filed in No. 31808). Nos. 31808, 32067.
03/29/1999TranscriptFiled Transcript. Proceedings for 10/14/97 and 10/15/97. Court Reporter: Mary Beth Cook (Nos. 31808 and 32067).
04/08/1999Notice/IncomingFiled Notice. Change of Address for Attorney Sandra L. Pomrenze.
05/06/1999Order/ProceduralFiled Case Processing Order. This court entered an order to show cause why the appeals should not be dismissed for lack of jurisdiction. Both parties responded. We conclude that the amended notices of appeal are proper, and that this court now has jurisdiction over the appeal. We further conclude that for purposes of briefing, Pecos Plaza Partners, plaintiff below, shall be designated as "appellant," and Koo Koo Roo shall be designated as "respondent." The parties shall have 15 days from the date of this order to comply with the provisions of NRAP 9(a), if they have not already done so. Appellant Pecos Plaza Partners 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). Nos. 31808, 32067.
05/17/1999Other Other. Filed Certification regarding transcripts (Koo Koo Roo). No transcripts requested. Nos. 31808, 32067.
09/02/1999BriefFiled Brief. Appellant's Opening Brief. (Mailed on: Fed-Ex 9/1/99.) (Nos. 31808 and 32067)
09/02/1999AppendixFiled Appendix. Appellant's Appendix to Appellant's Opening Brief. (Nos. 31808 and 32067)
09/23/1999MotionFiled Stipulation and Order. Respondent may have to and including November 4, 1999, within which to file the answering brief. Nos. 31808 and 32067.
11/04/1999BriefFiled Brief. Respondent's and Cross-Appellant's Answering Brief on Appeal and Opening Brief on Cross Appeal. (Nos. 31808 and 32067.) (Mailed on: Fed-Ex 11/3/99.)
11/04/1999AppendixFiled Appendix. Respondent's and Cross-Appellant's Supplemental Appendix. (Nos. 31808 and 32067.)
11/08/1999Other Other. Filed Certificate of Mailing (for Supplemental Appendix). Nos. 31808 and 32067.
11/24/1999MotionFiled Stipulation and Order. Appellant may have to and including January 3, 2000, within which to file the Reply Brief. Nos. 31808 and 32067
01/03/2000BriefFiled Brief. Appellant's Reply Brief and Answering Brief on Cross-Appeal. (Mailed on: Fed-Ex 12/31/99.) Nos. 31808, 32067.
01/25/2000MotionFiled Stipulation and Order. Respondent/Cross-Appellant may have to and including March 1, 2000, to file their cross-reply brief. (Nos. 31808 and 32067.)
03/01/2000BriefFiled Brief. Respondent's and Cross-Appellant's Reply Brief on Cross Appeal. (Mailed on: Fed- Ex 2/29/00.) Nos. 31808 and 32067.
06/07/2000Notice/OutgoingIssued Letter. to Clark County Clerk requesting the transmission of (1) Plaintiff's Trial Exhibits 1 and 2; (2) Defendant's Trial Exhibits D and O; and (3) Defendant's Memorandum of Costs. Nos. 31808, 32067.
06/13/2000ExhibitReceived Exhibit (original). Exhibits: (1) Plaintiff's Trial Exhibits 1 and 2; (2) Defendant's Trial Exhibits D and O; and (3) Defendant's Memorandum of Costs. Nos. 31808, 32067.
07/28/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 12, 2000 at 9:30 a.m. in Las Vegas. (SNP00A-RR/WM/NB) (Nos. 31808/32067).
08/29/2000Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 31808 and 32067) 00-15158
09/12/2000Case Status Update Submitted for Decision. Panel: SNP00A-RR/WM/NB. Nos. 31808, 32067.
12/08/2000Order/DispositionalFiled Order of Affirmance. " . . . we affirm the judgment and orders of the district court, which dismissed Pecos's complaint and awarded KKR its costs as taxed." SNP00A-RR/WM/NB Nos. 31808, 32067 00-21449
01/03/2001RemittiturIssued Remittitur. 00-21542
01/03/2001Case Status Update Remittitur Issued/Case Closed.
02/20/2001RemittiturFiled Remittitur. Received by County Clerk on January 9, 2001. 00-21542