| Case Information: 36979 | |||
| Short Caption: | AYALA VS. CAESARS PALACE | Court: | Supreme Court |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - A415147 | Classification: | Civil Appeal - Administrative Agency - General |
| Disqualifications: | Case Status: | Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | 11/17/2000 / Berkson, Lester | SP Status: | Completed |
| Oral Argument: | 04/15/2003 at 9:00 AM | Oral Argument Location: | Carson City |
| Submission Date: | 04/15/2003 | How Submitted: | After Oral Argument |
| Party Information | ||
| Role | Party Name | Represented By |
| Appellant | Judie Ayala | H. Douglas Clark (Clark & Richards) |
| Respondent | Caesars Palace Las Vegas | Javier A. Arguello (Santoro, Driggs, Walch, Kearney, Johnson & Thompson) Lee E. Davis (Santoro, Driggs, Walch, Kearney, Johnson & Thompson) John P. Lavery (Former) (Gugino & Schwartz) Daniel L. Schwartz (Santoro, Driggs, Walch, Kearney, Johnson & Thompson) |
| Respondent | CDS Compfirst | Javier A. Arguello (Santoro, Driggs, Walch, Kearney, Johnson & Thompson) Lee E. Davis (Santoro, Driggs, Walch, Kearney, Johnson & Thompson) John P. Lavery (Former) (Gugino & Schwartz) Daniel L. Schwartz (Santoro, Driggs, Walch, Kearney, Johnson & Thompson) |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 11/09/2000 | Filing Fee | Filing Fee Waived. | ||
| 11/09/2000 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. | 00-19751 | |
| 11/09/2000 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | ||
| 11/17/2000 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.) | ||
| 11/20/2000 | Filing Fee | Returned Filing Fee. Check No. 2966 returned to H. Douglas Clark with letter. NRS 612.705(1) benefits appeal. Nos. 36922 and 36979. | ||
| 01/31/2001 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: Negotiations are continuing. There could be a potential settlement within next 60 days. | 01-02048 | |
| 05/14/2001 | Settlement Program Report | Filed Interim Settlement Program Report. Negotiations are continuing towards final settlement. Final settlement expected in about 30 days. | 01-07996 | |
| 09/04/2001 | Notice/Incoming | Filed Substitution of Attorneys. Michael A. Royal of Cohen, Johnson, Day, Jones & Royal, is hereby substituted as attorney for Respondent, Caesars Palace in place and instead of Daniel L. Schwartz and Gugino & Schwartz. | 01-14927 | |
| 09/06/2001 | Notice/Outgoing | Letter. Lester H. Berkson. | ||
| 11/21/2001 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | 01-19633 | |
| 11/21/2001 | Notice/Outgoing | Issued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days | ||
| 12/03/2001 | Notice/Incoming | Filed Substitution of Attorneys. Caesars Palacne and CDs Comp First hereby substitutes Daniel L. Schwartz of Gugino & Schwartz as their attorneys of record in the place and stead of Michael A. Royal of Cohen, Johnson, Day, Jones & Royal. | 01-20228 | |
| 12/03/2001 | Docketing Statement | Filed Docketing Statement. | 01-20252 | |
| 01/08/2002 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. This court shall conduct a preliminary jurisdictional review of this appeal. Appellant shall have 10 days from the date of this order to file the case appeal statement in the district court clerk's office and file two certified copies of the case appeal statement with this court. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve the opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). | 02-00436 | |
| 01/22/2002 | Notice of Appeal Documents | Filed Case Appeal Statement. Certified copy filed in district court on 11/6/00. | 02-01392 | |
| 01/28/2002 | Transcript Request | Filed Certificate of No Transcript Request. | 02-01839 | |
| 05/01/2002 | Appendix | Filed Joint Appendix. Vols. 1 and 2. | 02-07665 | |
| 05/08/2002 | Brief | Filed Opening Brief. Mailed on: UPS 05/07/02. Signed by: H. Douglas Clark. | 02-08055 | |
| 06/24/2002 | Order/Procedural | Filed Order. To date, respondents have failed to file the answering brief. Respondents shall, within 15 days from the date of this order, file and serve the answering brief. Appellant may file a reply brief within 30 days of service of the answering brief. | 02-10829 | |
| 06/24/2002 | Motion | Filed Stipulation. | 02-10854 | |
| 06/26/2002 | Order/Clerk's | Filed Clerk's Order Granting Motion. On June 24, 2002, the parties filed a stipulation extending the time for the filing of the answering brief. The stipulation is treated as a joint motion for an extension of time. Respondent shall have until July 19, 2002, to file and serve the answering brief. | 02-10983 | |
| 07/22/2002 | Other | Returned Unfiled Document. Respondents' Answering Brief. Corrected brief due 10 days. | ||
| 07/29/2002 | Brief | Filed Answering Brief. Mailed on: Fed Ex 07/26/02. | 02-12926 | |
| 08/26/2002 | Brief | Filed Reply Brief. Mailed on: UPS 08/23/02. | 02-14575 | |
| 08/28/2002 | Notice/Incoming | Filed Proof of Service. (Appellant's Reply Brief). | 02-14887 | |
| 02/24/2003 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 15, 2003, at 9:00 a.m. (NNP03-RR/WM/MG) | ||
| 03/31/2003 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | ||
| 04/15/2003 | Case Status Update | Submitted for Decision. Before the Northern Nevada Panel. NNP03-RR/WM/MG. | ||
| 06/26/2003 | Opinion/Dispositional | Filed Per Curiam Opinion. "Affirmed in part, reversed in part and remanded with instructions." Before Rose, Maupin and Gibbons, JJ. Author: Per Curiam. 119 Nev. Adv. Opn. No. 28. NNP03. | 03-10665 | |
| 07/08/2003 | Filing Fee | Returned Filing Fee. Check No. 4035 returned to Howard Douglas Clark. (NRS 612.705(1) unemployment benefits appeal) | ||
| 07/08/2003 | Post-Judgment Petition | Filed Petition for Rehearing. Appellant Judie Ayala's Petition for Rehearing of Panel Decision. | 03-11380 | |
| 07/08/2003 | Notice/Outgoing | Issued Notice to Provide Proof of Service. Due date: 10 days. | ||
| 07/14/2003 | Notice/Incoming | Filed Proof of Service. for Appellant Judi Ayala's Petition for Rehearing of Panel Decision. | 03-11731 | |
| 08/22/2003 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). | 03-14206 | |
| 08/29/2003 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Mailed on: August 28, 2003. | 03-14588 | |
| 09/16/2003 | Remittitur | Issued Remittitur. | 03-14342 | |
| 09/16/2003 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 10/01/2003 | Remittitur | Filed Remittitur. Received by County Clerk on September 23, 2003. | 03-14342 | |
| 10/24/2003 | Post-Judgment Order | Filed Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." Becker, J., dissenting. EN BANC | 03-17743 | |