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United States Court Cases

Nevada Supreme/Appellate Court Record

CANTERINO VS. THE MIRAGE CASINO-HOTEL

Case Information: 30659
Short Caption:CANTERINO VS. THE MIRAGE CASINO-HOTELCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A331841CClassification:Civil Appeal - General - Other
Disqualifications:LeavittCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:07/02/1997 / Aurbach, PhillipSP Status:Completed
Oral Argument:06/14/2000 at 9:30 AMOral Argument Location:Carson City
Submission Date:06/14/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/30/1997Filing FeeReceived Filing Fee Paid on Filing. $100 from Eckley M. Keach-check no. 2129.
06/30/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (docketing statement mailed to counsel for appellant).
07/02/1997Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days.
07/02/1997Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Phillip Aurbach. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
07/10/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. Filing fee paid in docket no. 30648.
07/14/1997Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days.
07/14/1997Other Other. Mailed Cross-Appeal documents to Settlement Judge Phillip Aurbach.
07/16/1997Notice of Appeal DocumentsReceived Case Appeal Statement. (Canterino). Filed in district court on: July 11, 1997.
07/18/1997Docketing StatementFiled Docketing Statement. (Joseph D. Canterino).
07/25/1997Docketing StatementFiled Docketing Statement. (The Mirage Casino-Hotel).
07/25/1997Notice of Appeal DocumentsReceived Case Appeal Statement. Filed in district court on: July 16, 1997.
09/22/1997Letter/IncomingFiled Letter. Received copy of letter from Settlement Judge Aurbach to parties resetting the setting the settlement conference to October 13, 1997.
10/24/1997MotionFiled Motion for Stay. Motion for Stay of Appeal and Limited Remand.
02/04/1998Order/ProceduralFiled Order Denying Motion. Because the district court has not certified its inclination to grant the Mirage's NRCP 60(b) motion, the Mirage's motion for a remand is premature. We deny the Mirage's motion for a limited remand and stay of the appeal. Appellant/Cross-Respondent shall have 30 days from the date of this order to show cause why the appeal in docket no. 30648 should not be dismissed for lack of jurisdiction. Respondent/Cross-Appellant shall have 30 days from the date of this order to show cause why its cross appeals in docket no. 30648 and 30659 should not be dismissed for lack of jurisdiction. Failure to demonstrate this court's jurisdiction could result in dismissal of the appeal in docket no. 30648 and the cross-appeals. The preparation of transcripts and briefing schedule in these appeals and cross-appeals shall remain suspended pending our resolution of these jurisdictional issues (nos. 30648/30659).
03/05/1998MotionFiled Response to Order to Show Cause. Appellant/Cross-Respondent's Response to Order ot Show Cause (nos. 30648 & 30659).
03/06/1998MotionFiled Motion to Extend Time. Motion for Extension of Time to Further Respond to Order to Show Cause (nos. 30648 & 30659).
03/06/1998MotionFiled Response to Order to Show Cause. (Nos. 30648 & 30659)
06/08/1998MotionReceived Response to Order to Show Cause. (supplemental). (Nos. 30648 & 30659)
08/12/1998Order/ProceduralFiled Order. We grant the Mirage's motion for an extension of time to file a supplemental response received on June 8, 1998. "We dismiss the appeal and cross-appeal in docket no. 30648 and the cross-appeal in docket no. 30659." The briefing schedule in 30659 shall remain suspended pending resolution of the settlement conference proceedings.Caption changed to reflect dismissal. Case cards corrected (nos. 30648 & 30659).
08/12/1998MotionFiled Response to Order to Show Cause. Supplemental Response to Order to Show Cause. Nos. 30648, 30659.
09/09/1998Letter/IncomingReceived Letter. From Settlement Judge Phillip S. Aurbach. The parties were unable to reach a settlement.
09/21/1998Order/ProceduralFiled Case Processing Order. The parties were unable to agree to a settlement of this appeal. Appellant shall have 15 days from the date of this order to file with this court a transcript request form or certificate of no transcipt request. Appellant shall have 120 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).
10/06/1998Transcript RequestFiled Request for Transcript of Proceedings. Court Reporter: Tom Mercer.
10/22/1998TranscriptFiled Transcript. Certified Copy of Transcript of Proceedings: 05/07/98; 04/09/97; 06/04/97; 06/23/97; 06/18/97; 04/02/97; 04/08/97; 04/07/97; 04/02/97; 04/03/97; 04/04/97; 04/01/97; 03/31/97; and 03/31/97. Court Reporter: Tom Mercer.
01/19/1999MotionFiled Stipulation and Order. Appellant may have to and including February 18, 1999, to file the opening brief and appendix. Mailed on: Fed Ex 1/15/99.
02/18/1999MotionFiled Motion. Motion for Extension of Time within which to File Appellant's Opening Brief. Mailed on: Fed Ex 1/17/99.
02/22/1999Order/Clerk'sFiled Clerk's Order. The Motion filed February 18, 1999, is granted. The appellant's opening brief and appendix shall be served and filed on or before March 1, 1999.
03/02/1999BriefFiled Brief. Appellant's Opening Brief. (Mailed on: Fed Ex 3/1/99.)
03/02/1999AppendixFiled Appendix. Appellant's Appendix, Vols. 1 through 4. (Mailed on: Fed Ex 3/1/99.)
03/26/1999MotionFiled Stipulation and Order. Respondent may have to and including April 30, 1999, within which to file the answering brief.
05/06/1999MotionFiled Motion and Order Extending Time. Respondent may file the answering brief in excess of 30 pages. To-wit 42 pages.
05/06/1999BriefFiled Brief. Repondent's Answering Brief. (Mailed on: 4/30/99.)
05/06/1999AppendixFiled Appendix. Respondent's Appendix. (Mailed on: 4/30/99.)
05/28/1999MotionFiled Stipulation and Order. Appellant shall have to and including June 30, 1999, to file the Reply Brief.
07/01/1999BriefFiled Brief. Appellant's Reply Brief. (Mailed on: Fed Ex 6/30/99.)
01/31/2000OtherDisqualification of Justice Leavitt. The Mirage (Steve Wynn Companies).
02/02/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for March 30, 2000 at the hour of 10:30 a.m. for 1/2 hour in Carson City. (En Banc) 00-01645
03/15/2000Notice/OutgoingIssued Oral Argument Reminder Notice. 00-04091
03/21/2000MotionFiled Motion. Motion to Continue Oral Argument. (Filed via fax) 00-04502
03/21/2000Order/ProceduralFiled Order Granting Motion. Appellant has moved to continue the oral argument scheduled in this matter. We hereby vacate the oral argument presently scheduled for March 30, 2000, at 10:30 a.m. in Carson City. The clerk shall reschedule this matter for oral argument on the first available en banc argument calendar. Argument shall be limited to 30 minutes. 00-04530
03/22/2000MotionFiled Motion. Motion to Continue Oral Argument. (Original--filed via fax on 3/21/00.) No action required. 00-04556
04/24/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for June 14, 2000 at the hour of 9:30 a.m. for 1/2 hour in Carson City.(En Banc) 00-06546
05/26/2000Notice/OutgoingIssued Oral Argument Reminder Notice. 00-08883
06/14/2000Case Status Update Submitted for Decision. Panel: En Banc. RR/CY/WM/MS/DA/NB
12/11/2000Notice/IncomingFiled Substitution of Attorneys. 00-21633
01/29/2001Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part and remanded." Before the Court En Banc. By the Court, Shearing, J. I concur: Becker, J. fn1[The Honorable Myron E. Leavitt, Justice, voluntarily recused himself from participation in the decision of this appeal.] Maupin, C.J., concurring. Agosti, J., concurring. Rose, J., with whom Young, J., joins, concurring in part and dissenting in part. 117 Nev. Adv. Opn. No. 3. 01-01828
02/21/2001Filing FeeReceived Filing Fee Paid on Filing. $100 from Morris firm-check no. 12179.
02/21/2001Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: Las Vegas drop box 2/16/01. 01-03223
02/22/2001Notice/IncomingFiled Proof of Service. Supplemental Certificate of Service (for rehearing petition). 01-03341
03/01/2001Other Returned Unfiled Document. Pursuant to NRAP 40(d).
03/07/2001Other Other. Filed Court Recorder's Partial Transcript of Oral Argument Tape. Proceedings: June 14, 2000 before the En Banc Court. 01-04172
03/08/2001Order/ProceduralFiled Order. Order of Referral to The State Bar of Nevada. This is an appeal from an order of the district court granting a new trial. Oral argument was held in this matter on June 14, 2000, before the Nevada Supreme Court sitting en banc. Eckley M. Keach, the attorney for the appellant, arguably impugned the integrity of this court in violation of the Nevada Rules of Professional Conduct. he continued these remarks until stopped by the court. A true and correct copy of Mr. Keach's beginning argument before the Nevada Supreme Court is attached to this order, together with copies of newspaper articles that appeared the next day concerning the case and his remarks. We refer this matter to the State Bar of Nevada for investigation and, if appropriate, disciplinary proceedings regarding Mr. Keach's conduct before this court. Bar counsel shall, within 90 days of this order, inform this court of the status of the investigation and any disciplinary proceedings in this matter. We direct the clerk of this court to provide the State Bar with a certified copy of the tape recording of the oral argument in this matter. fn1[The Honorable Myron E. Leavitt, Justice, did not participate in the decision of this matter.] 01-04213
03/08/2001Notice/OutgoingIssued Letter. to Rob Bare, Bar Counsel, State Bar of Nevada: pursuant to the enclosed copy of the Order of Referral to the State Bar of Nevada, enclosed is a certified copy of the tape recording of the oral argument in this matter.
06/01/2001Notice/IncomingFiled Status Report. Status Report of the State Bar of Nevada and Motion to Seal. NOTE: This original document was placed in attorney Eckley M. Keach's bar file. No copy was placed in the correspondence file for this case. 01-09200
08/07/2001Order/ProceduralFiled Order. Order Directing Answer. Appellant shall have 15 days from the date of this order to file an answer, including authorities, to the petition for rehearing. 01-13302
08/23/2001Post-Judgment PetitionFiled Answer to Petition for Rehearing. Canterino's Opposition Mirage's Petition for Rehearing. 01-14312
10/02/2001Post-Judgment OrderFiled Order/Rehearing Granted. On January 29, 2001, this court issued an opinion affirming in part, reversing in part and remanding for a new trial on the issue of damages only. On February 21, 2001, the Mirage filed a petition for rehearing. We have considered the documents submitted by the parties and have decided that rehearing is warranted. We grant the petition for rehearing. fn1[The Honorable Myron Leavitt, Justice, voluntarily recused himself from participation in the decision of this matter.] En Banc. Shearing, J., dissenting. 01-16588
10/22/2001Order/IncomingFiled Executive Order. District Judge Michael P. Gibbons appointed to sit in the place of Justice Myron E. Leavitt. 01-17710
03/19/2002Opinion/DispositionalFiled Opinion on Rehearing. "Opinion modified; remanded." Before the Court En Banc. fn13[The Honorable Myron E. Leavitt, Justice, voluntarily recused himself from participation in the decision of this matter. The Honorable Michael P. Gibbons, Judge of the Ninth Judicial District Court, was designated by the Governor to sit in place of the Honorable Myron E. Leavitt, Justice. Nev. Const. art. 6, sec 4.] By the Court, Young, J. We concur. Becker, J. and Gibbons (Michael), D.J. Maupin, C.J., concurring. Agosti, J., concurring. Rose, J., concurring. Shearing, J., dissenting. 118 Nev. Adv. Opn. No. 21. EN BANC 02-04893
04/09/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from Eckley M. Keach, Chtd.--check no. 2424.
04/09/2002Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: 4/8/02 (FedEx) 02-06269
08/27/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). fn1[The Honorable Myron E. Leavitt, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC-Maupin, C.J., dissenting. 02-14752
09/24/2002RemittiturIssued Remittitur. 02-15090
09/24/2002Case Status Update Remittitur Issued/Case Closed.
09/30/2002RemittiturFiled Remittitur. Received by County Clerk on September 26, 2002. 02-15090