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United States Court Cases

Nevada Supreme/Appellate Court Record

CITIZENS FOR A PUBLIC TRAIN TRENCH VOTE VS. CITY OF RENO

Case Information: 39898
Short Caption:CITIZENS FOR A PUBLIC TRAIN TRENCH VOTE VS. CITY OF RENOCourt:Supreme Court
Related Case(s): 39876
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0202527
Washoe Co. - Second Judicial District - CV0202624
Classification:Civil Appeal - General - Other
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:08/22/2002 at 10:00 AMOral Argument Location:Carson City
Submission Date:08/22/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/12/2002OtherDisqualification of Justice Becker. Attorney Thomas R.C. Wilson.
07/12/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Citizens for a Public Train Trench Vote--check no. 152.
07/12/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 02-11955
07/15/2002MotionFiled Motion. Motion to Expedite Briefing, Argument and Resolution of Appeal. 02-12014
07/15/2002MotionFiled Motion. Motion for Expedited Decision on Request for Injunctive Relief. 02-12015
07/15/2002MotionFiled Motion. Motion to Transmit District Court Trial Exhibits. 02-12016
07/15/2002BriefFiled Opening Brief. Mailed on hand delivered 7/15/02. 02-12017
07/15/2002AppendixFiled Joint Appendix. Volumes 1 through 6. 02-12018
07/15/2002MotionFiled Response to Motion. Opposition to Motion for Expedited Decision on Request for Injunctive Relief. 02-12133
07/15/2002MotionFiled Response to Motion. Opposition to Motion for Expedited Decision on Request for Injunctive Relief, or, Alternatively, Request for Bond. (filed via fax.) 02-12134
07/16/2002MotionFiled Response to Motion. Opposition to Motion for Expedited Decision on Request for Injunctive Relief, or, Alternatively, Request for Bond. (ORIGINAL--filed via fax on 7/15/02) 02-12148
07/16/2002OtherDisqualification of Justice Maupin.
07/16/2002Order/ProceduralFiled Order. Having reviewed appellants' motion and respondents' oppositions, we conclude that appellants have failed to demonstrate that they will suffer irreparable or serious injury if the requested injunction is denied. Further, it appears from a review of respondents' oppositions and the record before this court that respondents will suffer irreparable or serious injury if the injunction is granted. We deny appellants' motion for an injunction. Having denied appellants' motion, we deny, as moot, respondents' alternative request to require appellants to post a bond in the sum of $100 million. On July 15, 2002, appellants filed the opening brief and appendix and a motion to expedite the briefing, argument and resolution of this appeal. We grant the motion to expedite. Respondents shall have until July 26, 2002, to file and serve their answering briefs. Appellants shall have until August 5, 2002, to file and serve a reply brief. The clerk of this court shall schedule this appeal or oral argument in Carson City before the en banc court on August 22, 2002, at the hour of 10:00 a.m. Argument shall be limited to 60 minutes. On July 15, 2002, appellants filed a motion for the transmittal of the original trial exhibits. We deny the motion. If this court determines upon reviewing the parties' briefs and appendices that inspection of any of the original trial exhibits may be necessary or helpful to the resolution of this appeal, this court shall direct the clerk of the district court to transmit the necessary exhibits to the clerk of this court. 02-12196
07/17/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on August 22, 2002, at 10:00 a.m. (En Banc)
07/17/2002Notice/OutgoingIssued Letter. to Washoe County District Court regarding Deficient Notice of Appeal Packet and transmission of the required documents. Due date: 10 days.
07/22/2002Notice/IncomingFiled Proof of Service. for Appellant's Opening Brief, Joint Appendix and Motion to Transmit District Court Trial Exhibits to Guy Zewadski. 02-12527
07/22/2002Notice/IncomingFiled Notice. Notice on Joint Appendix. 02-12528
07/23/2002BriefFiled Answering Brief. Respondent City of Reno's Answering Brief. Mailed on: Hand delivered 07/23/02. 02-12590
07/23/2002AppendixFiled Appendix to Answering Brief. Respondent City of Reno. 02-12592
07/24/2002Order/ProceduralFiled Order. On July 22, 2002, appellants filed a 'Notice on Joint Appendix.' Pursuant to the notice, appellants inform this court that the joint appendix filed on July 15, 2002, 'is the Joint Appendix ONLY for the Appellants, and the Respondents, the City of Reno and Washoe County.'fn1[We presume appellants are referring to respondent Daniel G. Burk, in His Capacity as Washoe County Registrar of Voters. Appellants further inform this court that the other respondents 'notified the Appellants of additional documents to be included in the joint appendix after the Joint Appendix was being printed.' Because it appears the joint appendix filed on July 15, 2002, does not include all of respondents' requested documents, respondents Citizens for Private Enterprise; Ray Heating Products, Inc.; Steve Scolari, as Trustee of the Alvin E. Scolari Family Trust; Record Supply Company; SDA Inc.; Caravan Camper Tops, Inc.; Ross Manor LLC; Martin Iron Works, Inc.; American Ready Mix, Inc.; Eldorado Resorts, Ltd.; Harrah's Operating Company, Inc.; and The Circus and Eldorado Joint Venture, a Nevada General Partnership D/B/A Silver Legacy may file an appendix to their answering brief. 02-12692
07/25/2002BriefFiled Answering Brief. Mailed on: Hand delivered 07/25/02. (McDonald Carano Wilson McCune Bergin Frankovich & Hicks L.L.P.) 02-12778
07/25/2002AppendixFiled Appendix to Answering Brief. (McDonald Carano Wilson McCune bergin Frankovich & Hicks, L.L.P.) 02-12779
07/26/2002Docketing StatementFiled Docketing Statement. 02-12835
07/26/2002MotionFiled Motion. Motion for Waiver fo NRAP 9 Requirements. 02-12837
07/26/2002BriefFiled Answering Brief. Respondents' Supplemental Brief (McDonald Carano Wilson McCune Bergin Frankovich & Hicks L.L.P.). Mailed on: Hand delivered 07/26/02. 02-12846
07/26/2002BriefFiled Answering Brief. Suppelment to Respondent City of Reno's Answering Brief. Mailed on: Hand delivered 07/26/02. 02-12885
07/26/2002BriefFiled Answering Brief. Respondent Daniel G. Burk's Answering Brief (Washoe County Registrar of Voters). Mailed on: Hand delivered 07/26/02. 02-12886
07/30/2002Order/ProceduralFiled Order Granting Motion. filed July 26, 2002. We grant the motion and we waive the requirements of NRAP 9. 02-13013
08/05/2002BriefFiled Reply Brief. Mailed on: Hand delivered 08/05/02. 02-13325
08/05/2002AppendixFiled Appendix to Reply Brief. 02-13326
08/08/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
08/19/2002Letter/IncomingFiled Letter. Michelle Loftin of KTVN-Channel 2 requesting cameras in the courtroom. 02-14163
08/21/2002Order/ProceduralFiled Order. Permission is granted for photographic or electronic media coverage of the hearing to be held August 22, 2002, at 10:00 a.m., in the above-entitled matter, for news purposes and not for commercial exploitation. Michelle Loftin of KTVN-Channel 2 is designated as pool coordinator for purposes of organizing and coordinating the orderly coverage of such proceedings by all participants. All equipment necessary to allow for such photographic or electronic coverage of such proceedings shall be placed in the courtroom before commencement of the hearing in the aforesaid matter. 02-14238
08/22/2002Case Status Update Submitted for Decision. Before the En Banc Court. En Banc
09/06/2002Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." fn19[The Honorable A. William Maupin, Chief Justice, and the Honorable Nancy Becker, Justice, voluntarily recused themselves from participation in the decision of this matter.] Young, J., dissenting. Before the Court En Banc. Per Curiam. 118 Nev. Adv. Opn. No. 60. EN BANC 02-15352
09/09/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from James M. Tracy - check no. 164.
09/09/2002MotionFiled Motion. Motion for Expedited Decision on Petition for Rehearing. 02-15460
09/09/2002Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: Hand Delivered. 02-15461
09/09/2002Post-Judgment OrderFiled Order/Rehearing Denied. Order Denying Rehearing and Denying Motion to Expedite. Appellants' petition for rehearing is denied. Because our disposition of the rehearing petition renders appellants' motion to expedite moot, we deny the motion. EN BANC. Young, J., dissenting. 02-15598
10/04/2002RemittiturIssued Remittitur. 02-15404
10/04/2002Case Status Update Remittitur Issued/Case Closed.
10/14/2002RemittiturFiled Remittitur. Received by County Clerk on October 4, 2002. 02-15404