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Case Information: 55220
Short Caption:BUZZ STEW, LLC VS. CITY OF N. LAS VEGASCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - 06A516759
Clark Co. - Eighth Judicial District - 06A516759
Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:01/12/2010 / Nitz, DanaSP Status:Completed
Oral Argument:06/05/2012 at 10:00 AMOral Argument Location:Regional Justice Center
Submission Date:06/05/2012How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/08/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. 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).) (Buzz Stew, LLC)10-00598
01/08/2010Filing Fee Filing Fee due. Filing fee will be fowarded by the District Court.
01/12/2010Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Dana Jonathon Nitz10-00890
01/12/2010Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Kermitt L. Waters - check no. 1126.
01/28/2010Docketing StatementFiled Docketing Statement.10-02390
02/05/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) (City of N. Las Vegas)10-03297
02/05/2010Filing Fee Filing Fee Waived. (Cross-appeal)
02/05/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. (Buzz Stew, LLC)10-03299
03/01/2010Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant.10-05381
03/10/2010MotionFiled Motion for Excess Pages. Appellant's Motion to File Motion to Stay Payment of Costs in Excess of 10 Pages.10-06173
03/10/2010AppendixFiled Appendix. Appendix to Appellant's Motion to Stay Payment of Costs. Vols. 1 through 10. CD-ROM included.10-06179
03/16/2010Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a conference is scheduled for 3/31/1010-06982
03/18/2010MotionReceived Response to Motion. (FILED PER ORDER 03/22/10). Received via E-flex. Respondent's Response to Appellant's Motion to Stay Payment of Costs.
03/22/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Second Amended Notice of Appeal. (Buzz Stew, LLC)10-07456
03/22/2010Order/ProceduralFiled Order. Granting Motion. The clerk of this court shall file the stay motion received on March 10, 2010. The clerk of this court shall also filed respondent/cross-appellant's opposition to the stay motion received on March 18, 2010.10-07485
03/22/2010MotionFiled Motion. Appellant's Motion to Stay Payment of Costs.10-06175
03/22/2010MotionFiled Response to Motion. Respondent's Response to Appellant's Motion to Stay Payment of Costs.10-07488
03/29/2010MotionFiled Reply to Response. Appellant's Reply in Support of Motion to Stay Payment of Costs.10-08061
04/01/2010Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to 5/27/1010-08523
04/08/2010Order/ProceduralFiled Order. Denying Stay. We deny appellant/cross-respondent's motion.10-09213
04/19/2010MotionFiled Motion. Appellant/Cross Respondent's Motion to Reconsider Order Denying Stay or Motion to Grant Rehearing on Order Denying Stay.10-10110
04/27/2010MotionFiled Response to Motion. Respondent's Response to Appellant's Motion to Reconsider Order Denying Stay or Motion to Grant Rehearing on Order Denying Stay10-10812
05/10/2010MotionFiled Reply to Response. Appellant/Cross-Respondent's Reply Re: Motion to Reconsider Order Denying Stay or Motion to Grant Rehearing on Order Denying Stay.10-12045
06/10/2010Order/ProceduralFiled Order. Denying Motion for Reconsideration. Having considered appellant/cross-respondent's motion for reconsideration of our April 8, 2010, order denying its motion for a stay of the district court's cost award, respondent/cross-appellant's opposition, and appellant/cross-respondent's reply, we conclude that reconsideration is unwarranted. fn1[ To the extent appellant/cross-respondent seeks rehearing of this court's April 8 order, we deny that request. Neither NRAP 40 (rehearing) nor NRAP 40A (en banc reconsideration) apply to procedural orders.]10-14991
06/24/2010Settlement Program ReportFiled Interim Settlement Program Report. Amended Settlement Status Report. The conference is continued to 7/6/1010-16540
07/07/2010Settlement Program ReportFiled Final Report/No Settlement. Amended Settlement Program Status Report. The parties were unable to agree to a settlement of this matter.10-17504
07/14/2010Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant and Respondent: 15 days to request transcripts; Appellant: 90 days to file and serve opening brief and appendix. Respondent: 30 days from opening brief to file combined answering brief on appeal and opening brief on cross-appeal. Appellant: 30 days from respondent's combined brief to file combined reply brief on appeal and answering brief on cross-appeal. Respondent: 30 days from appellant's combined brief to file reply brief on cross-appeal.10-18081
07/29/2010Transcript RequestFiled Certificate of No Transcript Request. Respondent/Cross-Appellant.10-19638
07/29/2010Transcript RequestFiled Request for Transcript of Proceedings. of Appellant/Cross-Respondent. Transcripts requested: 4/25/06; 9/3/08; (Howard). 1/12/09; 9/14/09; 10/5/09; 10/12/09; and 11/5/09 (Ramsey). To Court Reporters: Sharon Howard and Michelle Ramsey.10-19661
07/29/2010Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/4/09. To Court Reporter: Michelle Ramsey.10-19662
07/29/2010Notice/IncomingFiled Notice. Amended Certificate of Service (Amended Request and Request for Transcripts).10-19663
08/06/2010Order/ProceduralFiled Order/Show Cause. Respondent shall have 20 days from the date of this order within which to show cause why its cross-appeal should not be dismissed. Appellant may file any reply within ten days from the date that respondent's response is served. Briefing is suspended.10-20375
08/13/2010MotionFiled Motion. Appellant's Motion for Huneycutt Remand for the Limited Purpose of Modifying the Cost Award10-20956
08/26/2010MotionFiled Response to Order to Show Cause Respondent/Cross-Appellant City of North Las Vegas's Response to Order to Show Cause10-22033
09/29/2010Order/ProceduralFiled Order of Limited Remand and Dismissing Cross-Appeal. We remand this matter to the district court. District Court Order due: 20 days. The City's cross-appeal is hereby dismissed.10-25049
11/08/2010Notice/IncomingFiled Notice. Response to 9/29/10 Order. (Attached is the Second Amended Judgment filed in district court on 10/13/10).10-29120
11/16/2010Notice of Appeal DocumentsFiled Notice of Appeal/Re-Filing of Appeal/Third Notice of Re-Filing of Appeal/Third Amended Notice of Appeal.10-29889
12/27/2010Order/ProceduralFiled Order Reinstating Briefing. Opening brief and appendix due 30 days.10-33661
01/21/2011MotionFiled Stipulation for Extension to File Opening Brief and Appendix. (30) days.11-02074
01/21/2011Notice/OutgoingIssued Notice Motion/Stipulation Approved. Opening Brief due date: February 25, 2011.11-02079
02/22/2011MotionFiled Motion to Extend Time to File Appellant's Opening Brief and Appendix.11-05475
03/11/2011Order/ProceduralFiled Order Granting Motion. Opening Brief and Appendix due: March 28, 2011.11-07565
03/28/2011MotionFiled Motion for Permission to File Brief in Excess of 30 Pages.11-09287
03/28/2011AppendixFiled Joint Appendix. Volumes 1-37.11-09289
04/11/2011MotionFiled Stipulation for Extension to File Answering Brief.11-10730
04/12/2011Order/ProceduralFiled Order Granting Motion. The clerk shall file the opening brief received on March 28, 2011.11-10892
04/12/2011BriefFiled Appellant's Opening Brief.11-10893
04/28/2011Order/ProceduralFiled Order Approving Stipulation for Extension of Time to File Answering Brief. Answering brief due May 27, 2011.11-12570
05/18/2011MotionFiled Respondent City of North Las Vegas's Motion for Extension of Time to File Answering Brief. (30) days.11-14693
06/09/2011Order/ProceduralFiled Order Granting Motion for Extension of Time to File Answering Brief. Respondent: Answering Brief due: June 27, 201111-17197
06/28/2011MotionFiled Motion for Permission to File Brief in Excess of 30 Pages.11-19149
07/12/2011Order/ProceduralFiled Order Granting Motion for Excess Pages. We grant the motion and direct the clerk of this court to file the answering brief provisionally received on that same day.11-20798
07/12/2011BriefFiled Respondent's Answering Brief.11-20799
07/26/2011MotionFiled Stiputation for Extension to File Reply Brief.11-22472
07/26/2011Notice/OutgoingIssued Notice Stipulation Approved. Reply Brief is due by August 29, 2011.11-22474
08/24/2011MotionFiled Appellant Buzz Stew, LLC's Motion to Extend Time to File Appellant's Reply Brief.11-25829
09/07/2011Order/ProceduralFiled Order Granting Motion for Extension of Time to File Reply Brief. Appellant: Reply Brief due: September 28, 2011.11-27072
09/28/2011MotionFiled Motion for Permission to File Reply Brief in Excess of 30 Pages.11-29518
10/05/2011Order/ProceduralFiled Order Granting Motion for Excess pages. We grant the motion and direct the clerk of this court to file the reply brief provisionally received in this court on September 28, 2011.11-30432
10/05/2011BriefFiled Appellant's Reply Brief.11-30433
10/05/2011Case Status UpdateBriefing Completed/To Screening.
04/26/2012Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled for Tuesday, June 5, 2012, at 10:00 a.m. in Las Vegas for 60 minutes before the En Banc Court.12-13332
05/21/2012Notice/OutgoingIssued Oral Argument Reminder Notice.12-15956
05/25/2012Notice/IncomingFiled Notice of Appearance (Kermitt L. Waters, James L. Leavitt and Autumn L. Waters appearing on behalf of the appellant Buzz Stew).12-16598
06/05/2012Case Status UpdateOral argument held this day. Case submitted for decision to the En Banc Court.
07/31/2013BriefFiled Notice of Supplemental Authorities.13-22533
08/06/2013BriefFiled Response to Notice of Supplemental Authorities.13-23070
10/10/2014Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Gibbons, C.J., with whom Cherry J., agrees, dissenting. EN BANC14-33779
10/24/2014MotionFiled Respondent's Motion to Publish Order of Affirmance.14-35588
10/27/2014MotionFiled Motion to Reissue Order as an Opinion.14-35659
10/28/2014Post-Judgment PetitionFiled Appellant's Petition for Rehearing.14-35876
10/28/2014Filing FeeFiling fee paid on rehearing. E-Payment $150.00 from Kermitt L. Waters.
11/04/2014MotionFiled Response to: NDOT's Motion to Reissue Order as an Opinion and Respondent's Motion to Publish Order of Affirmance.14-36388
11/04/2014Order/ProceduralFiled Order Directing Answer to Petition for Rehearing. Respondent: 15 days to file an answer to the petition.14-36468
11/20/2014Post-Judgment PetitionFiled Respondent's Answer to Appellant's Petition for Rehearing.14-38240
01/22/2015Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Gibbons, C.J. with whom Cherry, J. agrees, dissenting.15-02402
01/29/2015Opinion/Non-DispositionalFiled Authored Opinion. "Affirmed." Fn1[We originally resolved this appeal in a nonprecedential order of affirmance. Respondent City of North Las Vegas and nonparty Nevada Department of Transportation filed motions to publish the order as an opinion. We grant the motions and replace our earlier order with this opinion.] Before the Court EN BANC. Author: Hardesty, C.J. Majority: Hardesty/Parraguirre/Douglas/Saitta/Pickering. Gibbons, J., with whom Cherry, J., agrees, dissenting. 131 Nev. Adv. Opn. No. 1. EN BANC15-03100
02/17/2015RemittiturIssued Remittitur.15-05007
02/17/2015Case Status UpdateRemittitur Issued/Case Closed.
03/03/2015RemittiturFiled Remittitur. Received by District Court Clerk on February 20, 2015.15-05007
10/20/2015Notice/OutgoingIssued Letter dated October 8, 2015 to Publishers with corrections to recently filed opinions. 55220/(63092/63359)/(63382/63790)/63644/63747/63683/64215/(60944/61329)/62840/63980/64287/62878/64750/55173/5654815-31913