| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 03/31/1997 | Filing Fee | Received Filing Fee Paid on Filing. $100 (Kummer, Kaempfer firm--check no. 13925). | | |
| 03/31/1997 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day.(Docketing statement mailed to counsel for appellant.) | | |
| 04/03/1997 | Notice/Outgoing | Issued Notice. Of settlement conference. Settlement Judge: Brice Bueler. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 04/14/1997 | Filing Fee | Received Filing Fee Paid on Filing. $100 (Mushkin & Hafer--check no. 4344). | | |
| 04/14/1997 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Cross-appeal. (Docketing statement mailed to counsel for cross- appellant.) | | |
| 04/15/1997 | Docketing Statement | Filed Docketing Statement. (cross-appellants) | | |
| 04/15/1997 | Other | Other. Mailed cross-appeal documents to settlement judge Brice Bueler. | | |
| 05/07/1997 | Docketing Statement | Filed Docketing Statement. (Appellant Pecos Plaza) | | |
| 06/30/1997 | Filing Fee | Received Filing Fee Paid on Filing. $100 (Mushkin & Hafer--check no. 4539). | | |
| 06/30/1997 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellant.) | | |
| 07/07/1997 | Other | Other. Mailed notice of appeal documents to settlement judge Brice Bueler. | | |
| 07/14/1997 | Settlement Program Motion/Stipulation | Filed Settlement Program/Stipulated Dismissal. Settlement conference report. The parties were unable to agree to a settlement of this matter. | | |
| 07/21/1997 | Transcript Request | Filed Request for Transcript of Proceedings. Court reporter: Yvonne Valentin. | | |
| 07/29/1997 | Docketing Statement | Filed Docketing Statement. Supplemental docketing statement. | | |
| 08/26/1997 | Other | Other. Filed affidavit of court reporter Yvonne Valentin. Request for extension to file the transcript. | | |
| 09/08/1997 | Order/Procedural | Filed Case Processing Order. Court reporter Valentin shall have 30 days from the date of this order to file the transcript. Appellant shall have 120 days from the date of this order to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a). | | |
| 10/29/1997 | Transcript | Filed Transcript. Certified copy of reporter's transcripts dated: October 8, 1997; October 9, 1997; October 10, 1997; October 11,1997; October 22, 1997. Court reporter: Yvonne M. Valentin. | | |
| 12/23/1997 | Other | Other. Filed substitution of counsel. Hale, Lane, Peek, Dennison, Howard, Anderson and Pearl as attorneys for Kabuto International and Pecos-Tropicana Joint Venture, in place and stead of Kummer Kaempfer firm. | | |
| 12/23/1997 | Motion | Filed Motion to Extend Time. Thirty day extension of time within which to file appellant's opening brief. | | |
| 01/14/1998 | Order/Procedural | Filed Case Processing Order. Kabuto International Corporation and Pecos-Tropicana Joint Venture have moved for an extension of time to file the opening brief. Pecos Plaza Partners, plaintiff below, is the appellant in this appeal. We deny the instant motion filed by Kabuto and Pecos-Tropicana. Appellant Pecos Plaza Partners shall have 20 days from the date of this order to file the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 28 and 31(a)(1). | | |
| 02/02/1998 | Motion | Filed Motion. To redesignate parties on appeal and for enlargement of time to file appellant's opening brief. | | |
| 03/13/1998 | Order/Procedural | Filed Case Processing Order. The clerk of this court shall forthwith redesignate Johnson Commercial, Kabuto International and Pecos-Tropicana, fully named above, as appellants/cross-respondents and shall redesignate Pecos Plaza Partners as respondent/cross-appellant in this appeal. Johnson Commercial, Kabuto International and Pecos-Tropicana shall have 15 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | |
| 03/30/1998 | Appendix | Filed Appendix. Joint appendix, Vols. 1 through 4. | | |
| 03/30/1998 | Other | Other. Filed certificate of mailing. | | |
| 03/30/1998 | Brief | Filed Brief. Appellant's opening brief. (Mailed on: Reno/Carson Messenger 3/30/98.) | | |
| 03/30/1998 | Other | Other. Filed joinder in appellant's opening brief. | | |
| 04/24/1998 | Motion | Filed Motion and Order Extending Time. Respondent/cross-appellant may have to and including May 8, 1998, within which to file the answering brief. | | |
| 05/05/1998 | Motion | Filed Motion and Order Extending Time. Respondent/cross-appellant may file a brief in excess of thirty pages, to wit: 40 pages. | | |
| 05/08/1998 | Brief | Filed Brief. Respondent/cross-appellant's answering brief. (Mailed on: Fed-ex 5/7/98.) | | |
| 05/08/1998 | Appendix | Filed Appendix. Respondent/cross-appellant's appendix. | | |
| 05/11/1998 | Other | Other. Filed errata to respondent/cross-appellant's opening brief. | | |
| 06/10/1998 | Other | Other. Filed joinder in appellant's reply brief and cross-respondent's answering brief. | | |
| 06/10/1998 | Brief | Filed Brief. Appellant/cross-respondent's reply brief. (Mailed on: Reno/Carson Msgr. 6/10/98.) | | |
| 06/15/1998 | Motion | Filed Motion and Order Extending Time. That respondent/cross-appellant's may have to and including July 27, 1998, to file the reply brief. | | |
| 07/21/1998 | Motion | Filed Motion to Extend Time. Second motion for enlargement of time to file respondent/cross-appellant's reply brief. | | |
| 07/23/1998 | Order/Clerk's | Filed Clerk's Order. Granting the motion filed July 21, 1998. Repondent/cross-appellant Pecos Plaza Partners' reply brief on cross-appeal shall be served and filed on or before August 10, 1998. | | |
| 08/10/1998 | Brief | Filed Brief. Respondent/cross-appellant's reply brief. (Mailed on: Fed-ex 8/7/98.) | | |
| 03/15/1999 | Notice/Outgoing | Issued Notice. Oral argument is scheduled for May 13, 1999 at the hour of 11:30 a.m.-1/2 hr. in Las Vegas. (SNP99A-WM, DA, NB) | | |
| 04/13/1999 | Notice/Outgoing | Issued Notice. Oral argument is rescheduled for May 11, 1999 at thr hour of 9:30a.m.-1/2 hr. in Las Vegas. (SNP99A-WM, DA, NB) | | |
| 04/23/1999 | Other | Other. Filed appellant's supplemental authorities. | | |
| 04/27/1999 | Notice/Outgoing | Issued Notice. Reminder notice for oral argument. | | |
| 05/11/1999 | Other | Other. Oral argument before the Southern Nevada Panel: Submitted. SNP99A-WM/DA/NB | | |
| 05/11/1999 | Case Status Update | Submitted for Decision. | | |
| 08/13/1999 | Order/Dispositional | Filed Dispositional Order/Appeal. Order of Reversal and Remand. "We hereby REVERSE and vacate the awards for unjust enrichment and pre-judgment interest. We AFFIRM the nuisance and punitive damages awards. We REMAND this matter to the district court for an award of attorney's fees to PPP." SNP99A-WM/DA/NB | | |
| 08/27/1999 | Post-Judgment Petition | Filed Petition for Rehearing. | | |
| 08/27/1999 | Filing Fee | Received Filing Fee Paid on Filing. $100 on rehearing (Mushkin & Hafer-check no. 1478.) | | |
| 08/31/1999 | Filing Fee | Received Filing Fee Paid on Filing. $100 on rehearing. (Hale, Lane, Peek firm-check no. 038420.) | | |
| 08/31/1999 | Post-Judgment Petition | Filed Petition for Rehearing. On behalf of petitioner/appellant Kabuto International (Nevada) Corporation. | | |
| 09/03/1999 | Filing Fee | Received Filing Fee Paid on Filing. $100 on rehearing ( Kummer firm-check no. 25038.) | | |
| 09/03/1999 | Other | Other. Filed Joinder in appellant's petition for rehearing. | | |
| 10/19/2000 | Order/Procedural | Filed Order. Order Directing Answer. On August 27, 1999, respondent/cross-appellant Pecos Plaza Partners filed a petition for rehearing of this court's order of August 13, 1999, vacating an award for unjust enrichment. It appears that an answer is warranted. Appellants/cross-respondents shall have 20 days from the date of this order to file an answer to the petition. fn1[We defer ruling on the petition for rehearing filed by appellant/cross-respondent Kabuto International, filed on August 31, 1999.] | | 00-18513
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| 10/25/2000 | Motion | Filed Motion to Extend Time. Motion for extension of time to file Appellant/Cross-Respondent's Answer to Respondent/Cross-Appellant's Petition for Rehearing. | | 00-18884
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| 10/25/2000 | Notice/Incoming | Filed Affidavit. Affidavit of matthew B. Hippler. | | 00-18887
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| 10/26/2000 | Order/Clerk's | Filed Clerk's Order Granting Motion. Appellant/cross-respondent Kabuto International (Nevada) Corporation shall have to and including November 28, 2000, to file and serve an answer to the petition for rehearing filed by respondent/cross-appellant Pecos Plaza Partners. | | 00-18975
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| 11/28/2000 | Post-Judgment Petition | Filed Answer to Petition for Rehearing. Submitted by appellants Kabuto International Corporation and Pecos-Tropicana Joint Venture. | | 00-20811
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| 12/04/2000 | Post-Judgment Petition | Filed Answer to Petition for Rehearing. Joinder in Appellants' Answer to Petition for Rehearing (from Johnson Commercial Real Estate, Inc.). | | 00-21172
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| 06/27/2001 | Other | Disqualification of Justice Maupin. | | |
| 06/27/2001 | Order/Procedural | Filed Order. Order Granting in Part and Denying in Part Rehearing and Directing Assignment of New Panel Member. Both appellant/cross-respondent Kabuto International (joined by appellant/cross-respondent Johnson Commercial Real Estate) and respondent/cross-appellant Pecos Plaza Partners seek rehearing of this court's order of reversal and remand. We have reviewed the respective petitions and the answer by Kabuto International (in which Johnson Commercial has joined) and conclude that rehearing is warranted as to the issues raised in Pecos Plaza Partners' petition. We grant that petition. We deny Kabuto International's rehearing petition because the petition simply reargues issues fully presented in the briefs. Since Chief Justice Maupin has recused himself from further participation in this matter, we direct the clerk of this court to appoint Vice-Chief Justice Young, the justice next most senior in commission, to participate in the decision on rehearing. | | 01-10878
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| 10/04/2001 | Order/Dispositional | Filed Dispositional Order/Appeal. Order on Rehearing. On August 13, 1999, this court issued an order affirming in part, reversing in part and remanding this appeal and cross-appeal. fn1[A petition for rehearing by Kabuto International on the punitive damages issue was denied on June 27, 2001.] On June 27, 2001, we granted rehearing; Vice Chief Justice Young was appointed to replace Chief Justice Maupin in the decision on rehearing. We granted PPP's rehearing petition as to that portion of our order vacating the unjust enrichment award because we overlooked the fact that the district court's amended judgment granted the joint venture an express, recordable easement across PPP's property. We now vacate the text of our August 13, 1999, order designated 'Removal of perimeter wall,' from page 3 to page 5 of the order, and issue the following disposition and analysis in place of that section. Also, we vacate the final paragraph of our August 13, 1999, order, on page 12, and replace it with the final paragraph of this order. ' . . . we reverse the portion of the district court's order awarding pre-judgment interest, we affirm the district court's order with respect to the nuisance, unjust enrichment, and punitive damages awards, and we remand this matter to the district court for an award of attorney fees to PPP.' | | 01-18809
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| 10/15/2001 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. On behalf of Petitioners/Appellants Kabuto International (Nevada) Corporation and Pecos-Tropicana Joint Venture. Mailed on: Reno/Carson Messenger 10/15/01. | | 01-17429
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| 10/30/2001 | Remittitur | Issued Remittitur. | | 01-17575
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| 10/30/2001 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 11/09/2001 | Remittitur | Filed Remittitur. Received by County Clerk on November 2, 2001. | | 01-17575
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| 01/23/2002 | Notice/Incoming | Filed Substitution of Attorneys. Molof & Vohl in place and stead of Hale Lane Peek Dennison Howard & Anderson. | | 02-01597
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| 02/05/2002 | Post-Judgment Order | Filed Order Denying En Banc Reconsideration. We have reviewed the petition, and conclude that en banc reconsideration is not warranted. "ORDER the petition DENIED." fn2[The Honorable A. William Maupin, Chief Justice, and the Honorable Myron E. Leavitt, Justice, voluntarily recused themselves from participation in the decision of this matter.] EN BANC. | | 02-02369
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