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United States Court Cases

Nevada Supreme/Appellate Court Record

FLAMINGO PARADISE GAMING VS. CHANOS

Case Information: 49223
Short Caption:FLAMINGO PARADISE GAMING VS. CHANOSCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A532434Classification:Civil Appeal - General - Other
Disqualifications:ParraguirreCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:04/06/2009 at 11:00 AMOral Argument Location:Regional Justice Center
Submission Date:04/06/2009How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/04/2007Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Kummer firm - check no. 61741.
04/04/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (Nevada Tavern Owners Ass'n) Notice Re Settlement Conference Program and Suspension of Rules mailed to all counsel. (The requesting of transcripts and briefing are stayed pursuant to NRAP 16(a)(1). Docketing Statement Form mailed to counsel for appellant(s).) 07-07589
04/05/2007Notice/OutgoingIssued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days. 07-07684
04/17/2007Filing Fee Filing Fee Waived.
04/17/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (George Chanos). (Docketing statement mailed to counsel for cross-appellant.) 07-08640
04/19/2007Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Jones Vargas--check no. 66511.
04/19/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appellants/Cross-Respondents Flamingo Paradise Gaming, LLC, et al. (Docketing statement mailed to counsel for appellant.) 07-08758
04/19/2007Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired. 07-08760
04/23/2007Docketing StatementFiled Docketing Statement. Appellant Nevada Tavern Owners. 07-09044
04/23/2007Transcript RequestFiled Certificate of No Transcript Request. Appellant Nevada Tavern Owners. 07-09045
04/30/2007Docketing StatementFiled Docketing Statement. Appellants/Cross-Respondents Flamingo Paradise Gaming, LLC, et al. 07-09577
05/01/2007Transcript RequestFiled Request for Transcript of Proceedings. Appellants/Cross-Respondents Flamingo Paradise Gaming, LLC, et al. Transcripts requested: 12/21/06 and 01/23/07. To Court Reporter: Sharon Howard. 07-09713
05/02/2007Transcript RequestFiled Request for Transcript of Proceedings. Appellant Nevada Tavern Owners. Transcript requested: 01/23/07. To Court Reporter: Not named. 07-09821
05/09/2007Notice/OutgoingIssued Notice to File Docketing Statement. Respondent/Cross-Appellant Chanos. 07-10258
05/22/2007Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant Chanos. 07-11248
08/06/2007MotionFiled Stipulation. Appellant Nevada Tavern Owners Association and Appellants/Cross-Respondents Flamingo Paradise Gaming, LLC, et al. 07-17246
09/06/2007MotionFiled Motion. Motion to Withdraw from Appeal (Appellants The Lodge at Fort Apache, Operator, LLC; The Lodge at Tenaya Operator, LLC; The Lodge at Shelbourne Operator, LLC; Golden-PT's Pub Tunes 19, LLC; and Golden-PT's Pub Big Game 26, LLC.) 07-19602
09/10/2007Notice/IncomingFiled Proof of Service. Amended Service List for Joint Appendix, Vols. 1 through 6. 07-19918
10/09/2007Letter/IncomingFiled Letter. Courtesy copy of letter from Nancy D. Savage, Deputy Attorney General addressed to all counsel regarding briefing schedule. 07-22311
12/27/2007OtherDisqualification of Justice Parraguirre.
12/27/2007Notice/OutgoingIssued Notice of Justice Disqualification. Justice Parraguirre (voluntary recusal). 07-28095
12/28/2007Order/ProceduralFiled Order. Appellants The Lodge at Fort Apache Operator, LLC, The Lodge at Tenaya Operator, LLC, The Lodge at Shelbourne Operator, LLC, Golden PT's Pub Tunes 19, LLC, and Golden-PT's Pub Big Game 26, LLC, have filed a motion requesting that this court allow them 'to withdraw from the appeal in this matter.' The appeal of the Lodge parties is dismissed. The clerk shall modify the caption for this appeal by removing the Lodge parties as appellants. However, the Lodge parties shall remain cross-respondents to the cross-appeal of George Chanos. We grant the motion to extend time to file briefs. The clerk shall file the opening brief received on September 5, 2007, and the opening brief and joint appendix received on September 6, 2007. fn1-[The clerk shall modify this court's docket regarding counsel (see order re: representation of parties by counsel). If any of this information is incorrect, the responsible attorney(s) shall so notify this court in writing within 10 days from the date of this order.] The requested transcripts were due to be filed by May 31, 2007. See NRAP 9(b). To date, Ms. Howard has not filed the requested transcripts. However, the parties included copies of the transcripts in their joint appendix. Accordingly, Ms. Howard is not obligated to file additional copies of the transcripts in this court. 07-28178
12/28/2007BriefFiled Opening Brief. Appellants/Cross Respondents Flamingo Paradise Gaming, LLC, et al. 07-19498
12/28/2007BriefFiled Opening Brief. Appellant/Cross-Respondent Nevada Tavern Owners Association 07-19556
12/28/2007AppendixFiled Joint Appendix. Vols. 1 through 6 07-19558
01/15/2008MotionFiled Stipulation/Dismiss Appeal. Stipulated Agreement to Dismiss Certain Cross-Respondents from the Cross-Appeal. 08-01002
01/25/2008MotionFiled Stipulation and Order. Respondent/Cross-Appellant George Chanos' Brief due: March 1, 2008. 08-01969
01/29/2008MotionFiled Stipulation and Order. Brief due: 02/28/08. Nevada Resort Association. 08-02273
02/26/2008MotionFiled Stipulation. Second Stipulation to Extend the Time for filing Respondent Nevada Resort Association's Answering Brief. 08-04639
03/04/2008MotionFiled Motion. Motion for Leave to File Amicus Curiae Brief in Support of Position of Respondents and Cross-Appellants. 08-05325
03/04/2008BriefFiled Answering Brief. Respondent/Cross-Appellant Chanos. 08-05377
03/04/2008AppendixFiled Appendix to Answering Brief. Respondent/Cross-Appellant Chanos. 08-05378
03/19/2008MotionFiled Stipulation. Stipulated Agreement to Extend Time for the Filing of Appellants'/Cross-Respondents' Reply and Answer to Respondent/Cross-Appellant George Chanos' Answering /Opening Brief. 08-06803
04/01/2008MotionFiled Stipulation. Third Stipulation to Extend the Time for Filing Respondent Nevada Resort Association's Answering Brief. 08-08135
04/01/2008Notice/OutgoingIssued Notice to Provide Proof of Service. Third Stipulation to Extend Time for Filing Respondent Nevada Association's Answering Brief. Due date: 10 days. 08-08146
04/01/2008Notice/OutgoingIssued Notice to Provide Proof of Service. Respondent's Answering Brief not served on Las Vegas City Attorney. Due date: 10 days. 08-08149
04/08/2008Notice/IncomingFiled Proof of Service. Answering Brief served on Las Vegas City Attorney. 08-08733
04/08/2008Notice/IncomingFiled Proof of Service. Third Stipulation to Extend the Time for Filing Respondent Nevada Resort Association's Answering Brief. 08-08736
04/22/2008Order/ProceduralFiled Order. . Pursuant to the stipulation of the parties, and cause appearing, the cross-appeal of George Chanos is dismissed with respect to the following cross-respondents: Fame Operating Co., Village Pub, Inc., Village Pub Sandhill, LLC, Loritin, Inc., Village Pub & Poker Airport, LLC, Village Pub Ft. Apache, LLC, Village Pub Rainbow, LLC, Village Pub Nellis, LLC, Village Pub Horizon, Inc., Village Pub Maule, Inc., Village Pub Wigwam, Inc., Village Pub & Casino—Summerlin, Inc., International Vintage Wine Cellar, Inc., Becker Gaming Group, The Lodge at Fort Apache Operator, LLC, The Lodge at Tenaya Operator, LLC, The Lodge at Shelbourne Operator, LLC, Golden-PT's Pub Tunes 19, LLC and Golden-PT's Pub Big Game 26, LLC. NRAP 42(b). The clerk shall modify the caption for the cross-appeal by removing these cross-respondents. The clerk shall file the answering brief of Nevada Resort Association received on April 1, 2008. Answering Briefs of the remaining respondents due: 10 days. We grant the motion for leave to file an amicus curiae brief. The clerk shall file the brief received on March 4, 2008. Appellants/cross-resondents combined reply/answering/response brief due: 40 days. Fn3[In light of this order, we disapprove a moot the parties' "Stiulated Agreement to Extend Time for the Filing of Appellants'/Cross-Respondents' Reply and Answer to Respondent/Cross-Appellant George Chanos' Answering/Opening Brief."] 08-09995
04/22/2008BriefFiled Amicus Brief. Amicus Curiae Brief of the American Cancer Society. 08-05326
04/22/2008BriefFiled Answering Brief. Respondent Nevada Resort Association. 08-08138
05/01/2008Notice/IncomingFiled Joinder. Respondents David Roger, Clark County District Attorney, Bill Young, Sheriff of Las Vegas Metro Police Department, Richard D. Perkins, Police Chief of the City of Henderson, and Shauna Hughes, City Attorney for the City of Henderson, in Responding Brief of Respondent/Cross Appellant George Chanos, Attorney General. 08-10872
05/05/2008BriefFiled Answering Brief. Respondents City of North Las Vegas. 08-11151
05/06/2008Notice/IncomingFiled Joinder. Respondents Bradford R. Jerbic and Karen Coyne's Joinder in Respondent Chanos' Answering Brief. 08-11259
05/09/2008MotionFiled Motion. Respondent's Motion for Permission to File Joinder in Respondent Chanos' Answering Brief and to Substitute Dr. Lawrence Sands as Party Respondent for Dr. Donald S. Kwalick. 08-11595
05/09/2008BriefReceived Joinder to Brief. Joinder by Respondent Dr. Lawrence Sands, Chief Health Officer for Southern Nevada Health District, in Answering Brief of Respondent/Cross-Appellant George Chanos. (FILED PER ORDER 05/23/08). 08-11596
06/04/2008BriefFiled Reply Brief. Appellant's Omnibus Reply Brief. 08-14080
06/04/2008Order/ProceduralFiled Order. We grant the motion to substitute Dr. Sands for Dr. Kwalick as a respondent in this appeal. The clerk shall modify the caption accordingly. The motion for an extension of time to file Dr. Sands answering brief is granted. The clerk shall file Dr. Sands's joinder, received on May 9, 2008, to the answering brief of George Chanos. We direct counsel for respondent Paresi to clarify within seven days from the date of this order whether the May 5, 2008, answering brief filed by City of North Las Vegas was also intended to be filed on behalf of respondent Paresi, or whether respondent Paresi intends to file a separate answering brief. 08-14110
06/04/2008BriefFiled Joinder to Brief. Joinder by Respondent Dr. Lawrence Sands, Chief Health Officer for Southern Nevada Health District, in Answering Brief of Respondent/Cross-Appellant George Chanos. 08-11596
06/10/2008MotionFiled Motion to Extend Time. Motion to Extend Time to File and Serve Appellant Nevada Tavern Owners Associations's Reply and Answering Brief. 08-14667
06/12/2008BriefFiled Joinder to Brief. Joinder of Respondent Mark S. Paresi, in His Official Capacity as Chief of Police of the City of North Las Vegas, and Respondent Sean McGowan, in His Official Capacity as City Attorney of the City of North Las Vegas, in Respondent City of North Las Vegas' Answering Brief. 08-14928
06/16/2008BriefReceived Reply Brief. Appellant's Omnibus Reply Brief-Appellant/Cross-Respondent Nevada Tavern Owner's Association. (FILED PER ORDER 06/20/08). 08-15267
06/20/2008Order/ProceduralFiled Order. Granting Motion. The clerk of this court shall file the combined reply and answering brief received on June 16, 2008. 08-15806
06/20/2008BriefFiled Reply Brief. Appellant's Omnibus Reply Brief-Appellant/Cross-Respondent Nevada Tavern Owner's Association. 08-15267
07/14/2008MotionFiled Stipulation. Respondent/Cross-Appellant Chanos. 08-17904
07/22/2008Order/ProceduralFiled Order. Approving Stipulation. Respondent Chanos shall have until August 6, 2008, to file and serve his reply brief. Cross-Respondent Loritin's Answering Brief due: 10 days. Fn1[ Although cross-appellant Chanos identified Loritin, Inc., as a cross-respondent to his cross-appeal, Chanos' case appeal statement did not identify counsel for Loritin. Our review of the district court docket entries indicates that Loritin was represented in the action below by Kirk B. Lenhard of the law firm Jones Vargas. In the event Loritin is not represented by Jones Vargas in this appeal, Mr. Lenhard shall, within ten days from the date of this order, inform this court in writing of the name of Loritin's counsel.] 08-18826
07/29/2008MotionFiled Response to Order to Show Cause. Appellant/Cross-Respondent's Response to the Nevada Supreme Court's July 22, 2008 Order Approving Stipulation. 08-19469
07/31/2008Order/ProceduralFiled Order. Re: Briefing. Our review of the docket in this matter indicates that on April 22, 2008, this court dismissed the cross-appeal of George Chanos with respect to several cross-respondents, including Loritin. Accordingly, we direct the clerk of this court to modify the caption in this matter by deleting Loritin, Inc., a Nevada Corporation d/b/a Village Pub and Casino-Green Valley as a cross-respondent to Chanos' cross-appeal. Further, we vacate that portion of our order of July 22, 2008, directing Loritin to file either an answering brief or a joinder. 08-19884
08/07/2008MotionFiled Stipulation. Second Stipulation to Extend the Time for Filing of Respondent/Cross-Appellant George Chanos' Reply Brief. 08-20446
08/22/2008Order/ProceduralFiled Order. Granting Motion. Chanos' Reply Brief on Cross Appeal due: September 5, 2008. 08-21755
09/05/2008BriefFiled Reply Brief on Cross-Appeal. Cross-Appellant's Reply Brief. (George Chanos). 08-22872
09/23/2008MotionFiled Motion. Appellants/Cross-Respondents' Motion for Expedited En Banc Oral Argument on the Earliest Possible En Banc Argument Calendar. 08-24526
02/24/2009Order/ProceduralFiled Order Granting Motion. The clerk of this court is directed to schedule this case for oral argument before the en banc court on the next available calendar. 09-04784
02/24/2009Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Las Vegas on April 6, 2009 at 11:30 a.m. (En Banc) 09-04791
03/13/2009Notice/IncomingFiled Substitution of Attorneys. Respondent Dr. Lawrence Sands, Chief Health Officer for the Southern Nevada Health District hereby substitutes Stephen F. Smith, Esq., as his attorney in the above-entitled action in the place and stead of Stephen R. Minagil, Esq. 09-06485
03/17/2009Notice/OutgoingIssued Notice Scheduling Oral Argument. Amended Notice of Oral Argument. Oral Argument is scheduled for 60 minutes in Las Vegas on April 6, 2009 at 11:00 a.m. (En Banc) 09-06724
03/24/2009Notice/OutgoingIssued Oral Argument Reminder Notice. 09-07366
03/30/2009Notice/IncomingFiled Notice. Appellants/Cross-Respondents' Notice of Bankruptcy Filing. 09-07867
04/02/2009Letter/IncomingFiled Letter. (via fax) from LV Review-Journal reporter David Kihara requesting a still camera in the courtroom during oral arguments on April 6, 8 and 9. Nos. 48571, 49223, 53388, 48079, 48503, 51915, 50102, 50422 and 53064. [09-08248]
04/03/2009Order/ProceduralFiled Order. permission is granted for photographic coverage of the aforesaid matter by David Kihara of the Las Vegas Review Journal, for news purposes and not for commercial exploitation; all persons participating in such photographic coverage shall observe the standards set forth in the Supreme Court Rules in all respects. All equipment necessary to allow for such photographic coverage of such proceedings shall be placed in the courtroom before commencement of the first hearing on the calendar for each day in the aforesaid matters. Nos. 48571, 49223, 53388, 48079, 48503, 51915, 50102, 50422. [09-08388]
04/03/2009Letter/IncomingFiled Letter. (via fax) from KVBC-TV Assignment Manager Miriam Firestone requesting a camera in the courtroom during oral arguments on Monday, April 6. 09-08464
04/06/2009Order/ProceduralFiled Order. a request having been made seeking video coverage of the hearing on April 6, 2009, at 11:00 a.m., in the above-entitled matter; Miriam Firestone of KVBC-TV to provide video coverage of the aforesaid matter, for news purposes and not for commercial exploitation; all equipment necessary to allow for such video coverage of such proceedings shall be placed in the courtroom before commencement of the first proceeding calendared on that date 09-08508
04/06/2009Case Status Update Submitted for Decision.
09/24/2009Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court EN BANC. Fn1-[The Honorable Ron Parraguirre, Justice, voluntarily recused himself from participation in the decision of this matter.] Author: Hardesty, James W.. Majority: Hardesty/Douglas/Saitta/Pickering. Concurrence: Gibbons. Concur/Dissent: Cherry. 125 Nev. Adv. Opn. No. 39. EN BANC. 09-23179
10/20/2009RemittiturIssued Remittitur. 09-24033
10/20/2009Case Status Update Remittitur Issued/Case Closed.
10/29/2009RemittiturFiled Remittitur. Received by County Clerk on October 23, 2009. 09-24033