| Case Information: 37003 | |||
| Short Caption: | LOWE ENTERPRISES VS. DISTRICT COURT | Court: | Supreme Court |
| Related Case(s): | 36866 , 40120 , 40473 , 40848 , 40862 , 40863 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - A403774 Clark Co. - Eighth Judicial District - A406648 | Classification: | Original Proceeding - Civil - Mandamus/Prohibition |
| Disqualifications: | Leavitt, Shearing | Case Status: | Notice in Lieu of Remittitur Issued/Case Closed |
| Replacement: | Panel Assigned: | En Banc | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | 10/15/2001 at 10:30 AM | Oral Argument Location: | Carson City |
| Submission Date: | 10/15/2001 | How Submitted: | After Oral Argument |
| Party Information | ||
| Role | Party Name | Represented By |
| Petitioner | California Indemnity Insurance Company | Nikki L. Baker (Schreck Brignone Godfrey/Las Vegas) James J. Pisanelli (Schreck Brignone Godfrey/Las Vegas) |
| Petitioner | Commercial Casualty Insurance Company | Nikki L. Baker (Schreck Brignone Godfrey/Las Vegas) James J. Pisanelli (Schreck Brignone Godfrey/Las Vegas) |
| Petitioner | Lowe Enterprises Residential Partners, L.P. | Andra Barmash Greene (Irell & Manella, LLP) Michael B. Wixom (Smith Larsen & Wixom) |
| Real Party in Interest | Robert V. Jones | James J Lee |
| Real Party in Interest | Scotsman Trust | James J Lee |
| Real Party in Interest | The Robert V. Jones Company | James J Lee |
| Real Party in Interest | The Robert V. Jones Corporation | James J Lee |
| Real Party in Interest | The Sanctuary, Ltd. | James J Lee |
| Respondent | The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark | |
| Respondent | The Honorable Michael Cherry, District Judge | |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 11/16/2000 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Irell & Manella, LLP--check no. 09583. | ||
| 11/16/2000 | Petition/Writ | Filed Petition for Writ of Mandamus or Prohibition. Petition for Writ of Mandate or Prohibition, or Other Appropriate Relief. | 00-20077 | |
| 11/16/2000 | Petition/Writ | Filed Exhibits to Petition for Writ. Exhibits in Support of Lowe Enterprises Residential Partners, L.P.'s Petition for Writ of Mandate or Prohibition, or Other Appropriate Relief. | 00-20078 | |
| 11/16/2000 | Appendix | Filed Appendix. Appendix of Foreign and Legislative Authorities in Support of Lowe Enterprises Residential Partners, L.P.'s Petition for Writ of Mandate or Prohibition, or Other Appropriate Relief. | 00-20079 | |
| 11/21/2000 | Motion | Filed Motion. Joinder of California Indemnity Insurance Company and Commerical Casualty Insurance Company in Petition for Writ of Mandate or Prohibition, or Other Appropriate Relief. | 00-20414 | |
| 12/20/2000 | Order/Procedural | Filed Order/Answer Writ Petition. Answer due: 30 days. Fn1[On November 21, 2000, California Indemnity Insurance Company and Commercial Casualty Insurance Company filed a joinder in this petition for a writ of mandamus or prohibition. Consequently, the clerk of this court shall amend this court's docket so that it is consistent with the caption on this order]. | 00-22132 | |
| 01/24/2001 | Motion | Filed Stipulation. Stipulation Extending Time for Real Parties in Interest to File Their Answer to Petitioner's Writ of Mandamus. | 01-01543 | |
| 01/26/2001 | Order/Clerk's | Filed Clerk's Order Granting Motion. The stipulation filed January 24, 2001, is treated as a joint motion, and cause appearing, the motion is granted. The real parties in interest, on behalf of respondents, shall have to and including February 2, 2001, to file and serve the answer to the petition for a writ of mandamus or prohibition. | 01-01744 | |
| 02/09/2001 | Petition/Writ | Filed Answer to Petition for Writ. Objection to Petition for Writ of Mandamus. | 01-02702 | |
| 02/13/2001 | Motion | Filed Motion. Lowe Enterprises Residential Partners, L.P. Motion to Strike Real Parties in Interests' Objection to Petition for Writ of Mandamus or, in the Alternative, for Leave to file Reply to Objection. | 01-02843 | |
| 02/13/2001 | Notice/Incoming | Filed Affidavit. Affidavit of Michael B. Wixom in Support of Lowe Enterprises Residential Partners, L.P.'s Motion to Strike Real Parties in Interest's Objection to Petition for Writ of Mandamus or, in the Alternative, for Leave to File Reply to Objections. | 01-02845 | |
| 02/26/2001 | Motion | Filed Response to Motion. Opposition to Lowe's Motion to Strike Real Parties in Interests' Objection to Petition for Writ of Mandamus or, in the Alternative, for Leave to file Reply to Objection. | 01-03601 | |
| 04/17/2001 | Order/Procedural | Filed Order. Order Denying Motion to Strike and Granting Motion to file a Reply. Having considered petitioners' motion and the real party in interests' opposition, we deny the motion to strike the answer. However, we grant petitioners' motion to file a reply to the answer. The clerk shall file petitioners' reply provisionally received on April 11, 2001. | 01-06553 | |
| 04/17/2001 | Petition/Writ | Filed Reply to Answer to Petition. Reply to Opposition to Petition for Writ of mandate or Other Appropriate Relief. | 01-06297 | |
| 05/31/2001 | Other | Disqualification of Justice Shearing. Law firm of Gordon & Silver representing parties in district court. | ||
| 05/31/2001 | Other | Disqualification of Justice Leavitt. Law firm of Hale, Lane, Peek, Dennison, Howard & Anderson representing parties in district court. | ||
| 08/30/2001 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on October 15, 2001, at 10:30 a.m. (En Banc) | ||
| 10/01/2001 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | ||
| 10/15/2001 | Notice/Incoming | Filed Substitution of Attorneys. Schreck Brignone Godfrey as counsel for California Indemnity Insurance Company and Commercial Casualty Insurance Company in place of and instead of Gary R. Goodheart. | 01-17369 | |
| 10/15/2001 | Case Status Update | Submitted for Decision. Before the En Banc Court. En Banc-Shearing and Leavitt, JJ. disqualified. | ||
| 02/13/2002 | Opinion/Dispositional | Filed Per Curiam Opinion. "Petition granted." We direct the clerk of this court to issue a writ of mandamus. fn52[The Honorable Miriam Shearing, Justice, and the Honorable Myron E. Leavitt, Justice, voluntarily recused themselves from participation in the decision of this matter.] Before the Court En Banc. By the Court, Agosti, J. 118 Nev. Adv. Opn. No. 10. EN BANC | 02-02823 | |
| 02/13/2002 | Writ | Issued Writ. Original and one copy of writ and copy of opinion mailed to Michael B. Wixom for service upon Judge Michael A. Cherry. | 02-02836 | |
| 02/21/2002 | Writ | Filed Writ. Served on Judges Cherry and Saitta on February 20, 2002. | 02-02836 | |
| 03/12/2002 | Remittitur | Issued Notice in Lieu of Remittitur. | 02-02903 | |
| 03/12/2002 | Case Status Update | Remittitur Issued/Case Closed. | ||