59630: Case View

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Case Information: 59630
Short Caption:	FIESTA PALMS, LLC VS. RODRIGUEZ	Court:	Supreme Court
		Related Case(s):	72098
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A531538	Classification:	Civil Appeal - General - Other
Disqualifications:	Parraguirre	Case Status:	Remittitur Issued/Case Closed
Replacement:	Justice Pickering for Justice Parraguirre	Panel Assigned:	Panel
To SP/Judge:	11/21/2011 / Shirinian, Ara	SP Status:	Completed
Oral Argument:	12/10/2013 at 10:00 AM	Oral Argument Location:	Regional Justice Center
Submission Date:	12/10/2013	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Appellant	FCH1, LLC
Appellant	Fiesta Palms, LLC	Jeffery A. Bendavid (Former) (Moran Brandon Bendavid Moran) Adam S. Davis (Former) (Moran Brandon Bendavid Moran) Jennifer C Dorsey (Kemp Jones, LLP) Robert L. Eisenberg (Lemons, Grundy & Eisenberg) Keith R. Gillette (Archer Norris) J. Randall Jones (Kemp Jones, LLP) John M. Naylor (Former) (Lionel Sawyer & Collins/Las Vegas) Marsha L. Stephenson (Former) (Stephenson & Dickinson, P.C.) Kenneth C. Ward (Archer Norris)
Appellant	The Palms Casino Resort
Respondent	Enrique Rodriguez	Steven M. Baker (Bertoldo Baker Carter Smith & Cullen) Matthew L. Sharp (Matthew L. Sharp, Ltd.) Michael K. Wall (Hutchison & Steffen, LLC/Las Vegas)

Docket Entries
Date	Type	Description	Pending?	Document
11/09/2011	Filing Fee	Filing fee due for Appeal.
11/09/2011	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day.		11-34632
11/09/2011	Notice/Outgoing	Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days.		11-34634
11/14/2011	Filing Fee	E-Payment $250.00 from Robert L. Eisenberg
11/15/2011	Notice/Outgoing	Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed.		11-35123
11/21/2011	Settlement Notice	Issued Notice: Assignment to Settlement Program - Settlement Judge: Ara H. Shirinian.		11-35959
11/21/2011	Motion	Filed Appellant's Emergency Motion Under NRAP 27(e) Requesting (1) Temporary Stay of Order Requiring $5.5 Million Bond, and (2) Order Vacating Bond Requirement.		11-35990
11/21/2011	Appendix	Filed Appendix to Emergency Motion.		11-35996
11/22/2011	Notice/Incoming	Filed Notice of Supplemental Exhibit for Emergency Motion Filed on November 21, 2011.		11-36088
11/22/2011	Notice/Incoming	Filed Notice of Association of Counsel		11-36149
11/23/2011	Motion	Filed Opposition to Appellant's Emergency Motion Requesting Temporary Stay of Order Requiring $5.5 Million Bond, and Order Vacating Bond Requirement.		11-36263
11/28/2011	Docketing Statement	Filed Docketing Statement - Civil Appeals.		11-36393
11/28/2011	Motion	Filed Motion to File Reply in Excess of Five Pages.		11-36472
11/29/2011	Order/Procedural	Filed Order Granting Motion for Leave to File Reply with Excess Pages. We grant the motion and direct the clerk of this court to file the reply provisionally received in this court on November 28, 2011.		11-36638
11/29/2011	Motion	Filed Reply to Respnse Reply in Support of Emergency Motion Under NRAP 27(e).		11-36640
12/02/2011	Order/Procedural	Filed Order Granting Stay. The district court's November 17, 2011, order requiring appellant to post a supersedeas bond is hereby stayed pending further order of this court.		11-36954
12/12/2011	Settlement Program Report	Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for January 17, 2012.		11-37981
12/16/2011	Notice of Appeal Documents	Filed Notice of Appeal/Amended/Supplemental.		11-38871
03/16/2012	Notice of Appeal Documents	Filed Notice of Appeal/Amended/Supplemental. (Second Amended).		12-08416
03/16/2012	Settlement Program Report	Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter.		12-08493
03/22/2012	Settlement Order/Procedural	Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 15 days transcript request; 90 days opening brief and appendix.		12-09089
03/23/2012	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: September 15, 2010; October 20, 2010; October 25, 2010; November 10, 2010; January 27, 2011; July 5, 2011 & October 27, 2011. To Court Reporter: Vicotria Boyd.		12-09380
04/24/2012	Notice/Incoming	Filed Notice of Disassociation of Counsel (Marsha L. Stephenson of Stephenson & Dickinson Law Firm).		12-12997
05/18/2012	Notice/Incoming	Filed Notice of Non-Association (Moran Law Firm).		12-15843
06/19/2012	Motion	Filed Motion for Extension of Time to File Opening Brief.		12-19254
06/19/2012	Notice/Outgoing	Issued Notice Motion Approved. Opening Brief due: July 20, 2012.		12-19261
06/22/2012	Motion	Filed Motion to Change Case Caption.		12-19611
07/16/2012	Order/Procedural	Filed Order Granting Motion. The clerk of this court is directed to change the caption to conform to the caption on this order.		12-22396
07/19/2012	Motion	Filed Motion for Permission to File Opening Brief in Excess of Word Count Limitation; Certificaion of Counsel.		12-22790
07/19/2012	Appendix	Filed Appendix to Opening Brief Vols 1 thru 16 - CD-ROM included.		12-22809
08/14/2012	Order/Procedural	Filed Order Granting Motion to Exceed Type-Volume Word Limit. We grant the motion and direct the clerk of this court to file the opening brief provisionally received on July 19, 2012.		12-25540
08/14/2012	Brief	Filed Appellant's Opening Brief.		12-25541
09/10/2012	Motion	Filed Stipulation For Extension Of Time To File Answering Brief.		12-28488
09/10/2012	Notice/Outgoing	Issued Notice Stipulation Approved. Answering Brief due: October 13, 2012.		12-28490
10/09/2012	Motion	Filed Motion to Extend Time to File Answering Brief (Second Request).		12-31996
10/30/2012	Notice/Incoming	Filed Substitution of Attorneys (Kemp, Jone & Coulthard substituted as attorney of record for appellants FCH1 & Fiesta Palms in the place and stead of Lionel, Sawyer & Collins).		12-34305
11/01/2012	Motion	Filed Motion For Permission To File Answering Brief In Excess Of Word Count Limitation; Certification Of Counsel.		12-34485
11/08/2012	Order/Procedural	Filed Order Granting Motions for Extension of Time and Excess Pages. We grant the motions and direct the clerk of this court to file the answering brief provisionally received on November 1, 2012.		12-35318
11/08/2012	Brief	Filed Respondent Enrique Rodriguez' Answering Brief.		12-35319
11/30/2012	Motion	Filed Stipulation for Extension of Time for Reply Brief.		12-37911
11/30/2012	Notice/Outgoing	Issued Notice Stipulation Approved. Reply Brief due: January 09, 2013.		12-37914
01/09/2013	Motion	Filed Motion for Extension of Time for Reply Brief (Second Request).		13-00965
01/24/2013	Notice/Incoming	Filed Notice Of Entry Of Order In Eighth Judicial District Court.		13-02558
01/25/2013	Other	Justice Ron Parraguirre disqualified from participation in this matter. Disqualification Reason: Kemp Jones & Coulthard Law Firm.
01/25/2013	Order/Procedural	Filed Order Granting Motion for Extension of Time. Appellant: Reply brief due: February 8, 2013.		13-02647
02/06/2013	Motion	Filed Motion for Permission to File Reply Brief in Excess of Word Count Limitation; Certification of Counsel.		13-03895
02/06/2013	Brief	Filed Appellant's Reply Brief.		13-03901
02/06/2013	Appendix	Filed Appellant's Reply Appendix - Volume 17.		13-03902
02/06/2013	Case Status Update	Briefing Completed/To Screening.
02/12/2013	Order/Procedural	Filed Order Denying as Moot Motion for Leave to File Briefs in Excess of the Type-Volume Word Limitation.		13-04410
03/15/2013	Order/Procedural	Filed Order Regarding Notice. We take no action concerning the request to convert the December 2 stay.		13-07910
09/04/2013	Order/Procedural	Filed Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to schedule this matter for oral argument before the Northern Nevada Panel on the next available calendar.		13-26067
10/07/2013	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral argument is scheduled for Tuesday, December 10, 2013, @ 10:00 a.m. in Las Vegas. Argument shall be limited to 30 minutes.		13-29781
11/25/2013	Notice/Incoming	Filed Notice Appellant's Supplemental Authorities.		13-35635
11/26/2013	Notice/Outgoing	Issued Oral Argument Reminder Notice.		13-35700
12/06/2013	Notice/Incoming	Filed Notice from KSNV Las Vegas Ch. 3, NBC, requesting permission to videotape oral argumnets being held on December 10, 2013.		13-36831
12/09/2013	Order/Procedural	Filed Order Granting Media Request. A request having been made seeking access to the Supreme Court of Nevada for the purpose of photographic or electronic coverage of the hearing to be held Tuesday, December 10, 2013, at 10:00 a.m. in Las Vegas. Joyce Kotnik-Klevins of KSNV Las Vegas Channel 3 is designated as pool coordinator.		13-36895
12/10/2013	Case Status Update	Oral argument held this day. Case submitted for decision. To the Northern Nevada Panel. NNP13-JH/RP/MC.
06/05/2014	Opinion/Dispositional	Filed Authored Opinion. "Reversed and remanded with instructions." Before Pickering/Hardesty/Cherry. Author: Pickering, J. Majority: Pickering/Hardesty/Cherry. 130 Nev. Adv. Opn. No. 46. NNP13 (OPINION REPLACED WITH AMENDED OPINION FILED 10/2/14)
06/16/2014	Motion	Filed Motion For Extension of Time to File a Petition for Rehearing.		14-19817
06/17/2014	Order/Procedural	Filed Order Granting Motion. Respondent shall have until July 7, 2014, to file the petition for rehearing.		14-19891
06/25/2014	Notice/Incoming	Filed Notice of Association of Counsel (Matthew L. Sharp has associated with Michael K. Wall of Hutchison & Steffen, LLC in representing Respondent Enrique Rodriguez).		14-20850
07/03/2014	Post-Judgment Petition	Filed Respondent's Petition for Rehearing.		14-21821
07/03/2014	Filing Fee	Filing fee paid. E-Payment $150.00 from Matthew L. Sharp.
07/09/2014	Order/Procedural	Filed Order Directing Answer to Petition for Rehearing. Appellant's Answer due: 15 days.		14-22268
07/24/2014	Post-Judgment Petition	Filed Answer to Petition for Rehearing.		14-24170
10/02/2014	Post-Judgment Order	Filed Order Denying Rehearing and Amending Opinion. "The petition for panel rehearing is denied." The opinion filed in this matter, FCH1, LLC v. Rodriguez (Adv. Op. 46, June 5, 2014), is amended by the opinion filed concurrently with this order. NRAP 40(c).		14-32752
10/02/2014	Opinion/Non-Dispositional	Filed Authored Amended Opinion. "Reversed and remanded with instructions." Before: Pickering/Hardesty/Cherry. Author: Pickering, J. Majority: Pickering/Hardesty/Cherry. 130 Nev. Adv. Opn. No. 46. (AMENDED OPINION REPLACES ORIGINAL OPINION FILED 6/5/14)		14-32754
10/27/2014	Remittitur	Issued Remittitur.		14-35677
10/27/2014	Case Status Update	Remittitur Issued/Case Closed
11/14/2014	Remittitur	Filed Remittitur. Received by District Court Clerk on November 4, 2014.		14-35677
12/23/2014	Notice/Outgoing	Issued Letter dated December 17, 2014 to Publishers with corrections to recently filed opinions. Nos. 59976/60091/60622/59630/56591/(60598/61038)/61655/61681/61082/62890/59210/62768/62944/62160/63871/(58530/59162)/61820/63444/53264/60050/63078. (Letter entered in 59976 as document no. 14-41986)

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