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United States Court Cases

Nevada Supreme/Appellate Court Record

RUSSO VS. STATE, GAMING CONTROL BD.

Case Information: 46019
Short Caption:RUSSO VS. STATE, GAMING CONTROL BD.Court:Supreme Court
Related Case(s): 40216 , 44542
Lower Court Case(s):Clark Co. - Eighth Judicial District - A442687Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:09/15/2006How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/29/2005OtherDisqualification of Justice Rose.
09/29/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Nersesian & Sankiewicz--check no. 4466.
09/29/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/No Settlement. Notice of exemption from settlement conference program mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 05-19333
10/17/2005Docketing StatementFiled Docketing Statement. 05-20499
10/21/2005Notice/OutgoingIssued Notice to Request Transcripts.
10/31/2005Transcript RequestFiled Certificate of No Transcript Request. 05-21363
12/28/2005Order/ProceduralFiled Order/Show Cause. Response from appellants due: 30 days. The briefing schedule shall be suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellants' response is served. 05-25283
01/31/2006MotionFiled Response to Order to Show Cause. 06-02289
03/24/2006OtherDisqualification of Justice Maupin. --Per 06/12/07 notice, Justice Maupin is no longer disqualified.--
03/30/2006Order/ProceduralFiled Order. we conclude that appellants are aggrieved parties with standing to appeal. Accordingly, the briefing schedule is hereby reinstated. Appellants shall have seventy days from the date of this order within which to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 06-06751
06/12/2006BriefFiled Opening Brief. 06-12245
06/12/2006AppendixFiled Joint Appendix. 06-12246
07/10/2006BriefFiled Answering Brief. 06-14217
07/10/2006AppendixFiled Appendix to Answering Brief. Supplemental Joint Appendix. 06-14218
08/07/2006BriefFiled Reply Brief. 06-16391
08/07/2006AppendixFiled Appendix to Reply Brief. Second Supplemental Joint Appendix. 06-16392
08/07/2006MotionFiled Motion. Appellant's Motion to Supplement Record on Appeal. 06-16393
09/14/2006Order/ProceduralFiled Order Granting Motion. to Supplement the Record. We grant appellants' motion to supplement the record on appeal with a document that was provided to them by respondent Gaming Control Board in response to a discovery request in the underlying trial. 06-18938
09/15/2006Order/ProceduralFiled Order/Submit on Briefs. Submitting Appeal for Decision Without Oral Argument. Oral argument will not be scheduled in this appeal, and it shall stand submitted on the record and the briefs filed herein, as of the date of this order. 06-19087
09/15/2006Case Status Update Submitted for Decision.
06/12/2007Notice/OutgoingIssued Notice. Re: disqualification of Justice Maupin. (Justice Maupin was erroneously disqualified in this case, but is no longer disqualified. If any party objects, please respond by June 19, 2007.) 07-12874
11/20/2007Order/ProceduralFiled Order. Consolidating Appeals, Directing Supplemental Briefing, and Requesting Amici Curiae Participation. We consolidate these appeals and cross-appeal. We conclude that supplemental briefing addressing two immunity issues raised in these matters is warranted. Issue 1: Appellants James Grosjean and Michael Russo shall have thirty days to file and serve their supplemental brief addressing issue one. Respondent's supplemental answering brief due: 30 days. Appellant's supplemental reply brief due: 20 days. Issue 2: Cross-Appellants Imperial Palace and Donnie Espensen shall have thirty days to file and serve their supplemental brief addressing issue two. Cross-respondent's supplemental answering brief due: 30 days. Cross-appellant's supplemental reply brief due: 20 days. We request that the Nevada Trial Lawyers Association and the State Bar of Nevada's Gaming Law Section participate in these proceedings as amici curiae by filing briefs addressing the two issues. We direct the parties to these appeals and cross-appeal to serve the NTLS and GLS with their opening, answering, and reply briefs that are currently on file with this court and to provide proof of service to this court within ten days. NTLS and GLS shall have thirty days to file and serve their briefs. fn4[Since appellants in both appeal are represented by the same attorney, appellants shall file only one supplemental brief.] Nos. 44542/46019 (07-25287).
11/20/2007Order/ProceduralFiled Order. Consolidating Appeals, Directing Supplemental Briefing, and Requesting Amici Curiae Participation. We consolidate these appeals and cross-appeal. We conclude that supplemental briefing addressing two immunity issues raised in these matters is warranted. Issue 1: Appellants James Grosjean and Michael Russo shall have thirty days to file and serve their supplemental brief addressing issue one. Respondent's supplemental answering brief due: 30 days. Appellant's supplemental reply brief due: 20 days. Issue 2: Cross-Appellants Imperial Palace and Donnie Espensen shall have thirty days to file and serve their supplemental brief addressing issue two. Cross-respondent's supplemental answering brief due: 30 days. Cross-appellant's supplemental reply brief due: 20 days. We request that the Nevada Trial Lawyers Association and the State Bar of Nevada's Gaming Law Section participate in these proceedings as amici curiae by filing briefs addressing the two issues. We direct the parties to these appeals and cross-appeal to serve the NTLS and GLS with their opening, answering, and reply briefs that are currently on file with this court and to provide proof of service to this court within ten days. NTLS and GLS shall have thirty days to file and serve their briefs. fn4[Since appellants in both appeal are represented by the same attorney, appellants shall file only one supplemental brief.] Nos. 44542/46019. 07-25287
11/30/2007Notice/IncomingFiled Proof of Service. Case No. 44542-Opening Brief, Reply Brief to Imperial Palace, Reply Brief to Governmental; and Case No. 46019-Opening Brief and Reply Brief served on NTLA and State Bar. Nos. 44542/46019 (07-25955).
11/30/2007Notice/IncomingFiled Proof of Service. Case No. 44542-Opening Brief, Reply Brief to Imperial Palace, Reply Brief to Governmental; and Case No. 46019-Opening Brief and Reply Brief served on NTLA and State Bar. Nos. 44542/46019. 07-25955
12/05/2007Notice/IncomingFiled Proof of Service. - Certificate of Service - Respondents', Imperial Palace and Donnie Espensen, Answering Brief and Cross-Appellant's Imperial Palace and Donnie Espensen, Opening Brief and Corss-Appellant's, Imperial Palace and Donnie Espensen, Reply Brief. Nos. 44542/46019 (07-26235).
12/05/2007Notice/IncomingFiled Proof of Service. - Certificate of Service - Respondents', Imperial Palace and Donnie Espensen, Answering Brief and Cross-Appellant's Imperial Palace and Donnie Espensen, Opening Brief and Corss-Appellant's, Imperial Palace and Donnie Espensen, Reply Brief. Nos. 44542/46019. 07-26235
12/21/2007MotionFiled Stipulation. Stipulation to Extend Time for Cross-Appellants Imperial Palace, Inc. and Donnie Espensen to File Supplemental Brief in Accordance with the Supreme Court Order of November 20, 2007. Nos. 44542/46019. [07-27715]
12/21/2007MotionFiled Stipulation. Stipulation to Extend Time for Cross-Appellants Imperial Palace, Inc. and Donnie Espensen to File Supplemental Brief in Accordance with the Supreme Court Order of November 20, 2007. Nos. 44542/46019. 07-27715
12/26/2007BriefReceived Supplemental Brief. Appellant's Supplemental Opening Brief on Issue 1. Nos. 44542/46019 (07-27939). FILED PER ORDER OF 1/2/08.
01/02/2008Order/ProceduralFiled Order. Filing Supplemental Brief. The clerk shall file the supplemental brief received on December 26, 2007. Nos. 44542/46019 (08-00110).
01/02/2008BriefFiled Supplemental Brief. On Issue 1. Appellant/Cross-Respondent James Grossjean. Nos. 44562/46019 (07-27939).
01/02/2008BriefFiled Supplemental Brief. On Issue 2. Respondents/Cross-Appellants Imperial Palace, Inc. and Donnie Espensen's Supplemental Brief on Issue Two. Nos. 44542/46019 (08-00189).
01/02/2008Order/ProceduralFiled Order. Filing Supplemental Brief. The clerk shall file the supplemental brief received on December 26, 2007. Nos. 44542/46019. 08-00110
01/02/2008BriefFiled Supplemental Brief. On Issue I. Appellant/Cross-Respondent James Grosjean. Nos. 44542/46019. 07-27939
01/02/2008BriefFiled Supplemental Brief. On Issue 2. Respondents/Cross-Appellants Imperial Palace, Inc. and Donnie Espensen's Supplemental Brief on Issue Two. Nos. 44542/46019. 08-00189
01/03/2008BriefFiled Amicus Brief. Brief of Amicus Curiae Nevada Trial Lawyers Association (NTLA) in Support of Appellants. Nos. 44542/46019. (08-00248)
01/03/2008BriefFiled Amicus Brief. Brief of Amicus Curiae Nevada Trial Lawyers Association (NTLA) in Support of Appellants. Nos. 44542/46019. (08-00248) 08-00248
01/18/2008BriefFiled Answering Brief. Respondent Gaming Control Bd.. State Respondents' Supplemental Answering Brief on Issue 1. Nos. 44542/46019 (08-01453).
01/18/2008BriefFiled Answering Brief. Respondent Gaming Control Bd.. State Respondents' Supplemental Answering Brief on Issue 1. Nos. 44542/46019. 08-01453
01/31/2008BriefFiled Answering Brief. Cross-Respondent's Supplemental Answering Brief on Issue II. Nos. 44542/46019. 08-02458
02/08/2008BriefFiled Reply Brief. Appellants' Supplemental Reply Brief on Issue 1. Appellant/Cross-Respondent James Grosjean. Nos. 44542/46019 (08-03244).
02/08/2008BriefFiled Reply Brief. Appellants' Supplemental Reply Brief on Issue 1. Appellant/Cross-Respondent James Grosjean. Nos. 44542/46019. 08-03244
02/19/2008MotionFiled Stipulation. to Extend Time for Cross-Appellants Imperial Palce, Inc. and Donnie Espensen to File Supplemental Reply Brief. Nos. 44542/46019 (08-03978).
02/19/2008MotionFiled Stipulation. to Extend Time for Cross-Appellants Imperial Palce, Inc. and Donnie Espensen to File Supplemental Reply Brief. Nos. 44542/46019. 08-03978
02/29/2008BriefReceived Supplemental Brief. Cross-Appellants Imperial Palace, Inc. and Donnie Espensen's Supplemental Reply Brief on Issue Two. Nos. 44542/46019. (08-05106). FILED PER ORDER OF 3/3/08.
02/29/2008BriefReceived Supplemental Brief. Cross-Appellants Imperial Palace, Inc. and Donnie Espensen's Supplemental Reply Brief on Issue Two. Nos. 44542/46019. (08-05106). FILED PER ORDER OF 3/3/08. 08-05106
03/03/2008BriefFiled Supplemental Brief. Cross-Appellants Imperial Palace, Inc. and Donnie Espensen's Supplemental Reply Brief on Issue Two. Nos. 44542/46019. (08-05106).
03/03/2008Order/ProceduralFiled Order Granting Motion. The clerk shall file the supplemental reply brief received on 2/29/08. Nos. 44542/46019. 08-05257
03/03/2008BriefFiled Supplemental Brief. Cross-Appellants Imperial Palace, Inc. and Donnie Espensen's Supplemental Reply Brief on Issue Two. Nos. 44542/46019. 08-05106
04/23/2008OtherDisqualification of Justice Parraguirre.
04/23/2008Notice/OutgoingIssued Notice of Justice Disqualification. Justice Parraguirre voluntary recusal. 08-10116
05/01/2008MotionFiled Motion. Appellants' Motion to File Additional Supplemental Authorities. Nos. 44542/46019 (08-10891). DETACHED SUPPLEMENTAL AUTHORITIES PER ORDER OF 6/10/08
05/01/2008MotionFiled Motion. Appellants' Motion to File Additional Supplemental Authorities. Nos. 44542/46019. DETACHED SUPPLEMENTAL AUTHORITIES PER ORDER OF 6/10/08 08-10891
06/10/2008Order/ProceduralFiled Order. to File Additional Supplemental Authorities. We grant the unopposed motion and direct the clerk of this court to detach from that motion and file proposed additional authorities. Nos. 44542/46019. (08-14614) [Copies have been distributed per the ccs listed on the order.]
06/10/2008BriefFiled Supplemental Authorities. Nos. 44542/46019 (08-14617).
06/10/2008Order/ProceduralFiled Order Granting Motion. to File Additional Supplemental Authorities. We grant the unopposed motion and direct the clerk of this court to detach from that motion and file proposed additional authorities. Nos. 44542/46019. [Copies have been distributed per the ccs listed on the order.] 08-14614
06/10/2008BriefFiled Supplemental Authorities. Nos. 44542/46019. 08-14617
06/11/2008BriefFiled Supplemental Authorities. State Respondents' Response to Appellant's Motion to File Additional Supplemental Authorities. (Respondents' Response to Appellant's Supplemental Authorities) Nos. 44542/46019 (08-14833).
06/11/2008BriefFiled Supplemental Authorities. State Respondents' Response to Appellant's Motion to File Additional Supplemental Authorities. (Respondents' Response to Appellant's Supplemental Authorities) Nos. 44542/46019. 08-14833
10/14/2008Notice/IncomingFiled Substitution of Attorneys. Representing Respondent/Cross-Appellant Imperial Palace: Cooper Leverson April Niedelman Wagenheim, P.A. Nos. 44542/46019 (08-26464).
10/14/2008Notice/IncomingFiled Substitution of Attorneys. Representing Respondent/Cross-Appellant Imperial Palace: Cooper Leverson April Niedelman Wagenheim, P.A. Nos. 44542/46019 (08-26464). 08-26464
05/15/2009Order/ProceduralFiled Order. Deconsolidating Docket Nos. 44542 and 46019. We direct the clerk of this court to deconsoldiate Docket Nos. 44542/46019. 09-12120
07/30/2009Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. "As to the decision denying leave to amend the complaint as to the respondents involved the Caesars Palace incident, we summarily affirm the district court's decision based on preclusion and law of the case principles. With regard to the decision related to the Imperial Palace incident, we reverse the district court's order denying leave to amend the complaint to add as defendants agents Vincent and Pedote, and we remand this matter to the district court with instructions to permit Grosjean to file the proposed claims against agents Vincent and Pedote." fn1-[The Honorable Ron D. Parraguirre, Justice, voluntarily disqualified himself from participation in the decision of this matter.] EN BANC-JH/MD/MC/NS/MG/KP 09-18638
08/18/2009MotionFiled Motion. for Publication. 09-20009
08/18/2009Post-Judgment PetitionFiled Petition for Rehearing. Appellant's Petition for Limited Rehearing. 09-20085
08/18/2009Filing FeeReceived Filing Fee Paid on Filing. $150 from Nersesian & Sankiewicz. Check no. 1890
08/21/2009MotionFiled Response to Motion. Respondents' Opposition to Appellant's Motion for Publication. 09-20355
10/20/2009Post-Judgment OrderFiled Order/Rehearing Denied. Having considered appellants' rehearing petition, "we deny it." NRAP 40(c). We deny the motion to publish. Fn1 [The Honorable Ron D. Parraguirre, Justice, voluntarily recused himself from participation in the decision of this matter.] 09-25584
11/17/2009RemittiturIssued Remittitur. 09-27633
11/17/2009Case Status Update Remittitur Issued/Case Closed.
11/25/2009RemittiturFiled Remittitur. Received by County Clerk on November 20, 2009. 09-27633
01/27/2010Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed 1/21/10 and placed on the docket as Case No. 09-863. 10-02324
03/24/2010Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 10-07713