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Case Information: 84986
Short Caption:STARR SURPLUS LINES INS. CO. VS. DIST. CT. (JGB VEGAS RETAIL LESSEE, LLC)Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A816628Classification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/05/2023 at 10:30 AMOral Argument Location:Las Vegas
Submission Date:06/05/2023How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/08/2022Filing FeePetition Filing Fee Paid. $250.00 from Daniel F. Polsenberg. E-Payment Ref. no. 22070823102672. (SC)
07/08/2022Petition/WritFiled Petition for Writ of Mandamus or, in the Alternative, Prohibition. (SC)22-21581
07/08/2022AppendixFiled Appendix to Petition for Writ - Volume 1. (SC)22-21587
07/08/2022AppendixFiled Appendix to Petition for Writ - Volume 2. (SC)22-21588
07/08/2022AppendixFiled Appendix to Petition for Writ - Volume 4. (SC)22-21589
07/08/2022AppendixFiled Appendix to Petition for Writ - Volume 8. (SC)22-21590
07/08/2022MotionFiled Petitioner's Motion to File Portions of Appendix Under Seal. (SC)22-21628
07/15/2022MotionFiled Motion of American Property Casualty Insurance Association for Leave to File Amicus Curiae Brief. (DETACHED PROPOSED BRIEF AND RETURNED UNFILED). (SC)22-22335
07/15/2022MotionFiled Petitioner's Motion to Extend District's Court's Stay Pending Writ Petition. (SC)22-22410
07/22/2022MotionFiled Real Party in Interest's Response to Petitioner's Motion to Stay. (SC)22-23165
07/25/2022Order/ProceduralFiled Order Granting Motion. The clerk shall file volumes 3, 5, 6, and 7 of the appendix, received on July 11, 2022, under seal. (sc)22-23266
07/25/2022AppendixFiled Petitioner's (SEALED) Appendix to Petition for Writ. Vols. 3, 5, 6, and 7. (SC)
07/26/2022MotionFiled Petitioner's Reply In Support of Motion to Extend District Court's Stay Pending Writ. (SC)22-23540
07/27/2022MotionFiled Petitioner's Request to Convert Motion to Extend Stay Pending Writ Petition to an Emergency Motion Under NRAP 27(e). (SC)22-23633
07/29/2022Order/ProceduralFiled Order Directing Answer, Granting Motion for Leave to File a Brief of Amicus Curiae, and Granting Motion to Extend District Court's Stay. Real Party in Interest's Answer due: 28 days. Petitioner shall have 14 days from service of the answer to file and serve any reply. The American Property Casualty Insurance Association ("APCIA") has filed an unopposed motion for leave to file a brief of amicus curiae in support of petitioner. The motion is granted. However, we are unable to accept the proposed amicus brief. the clerk shall detach the proposed amicus brief from the motion filed on July 15, 2022, and return it unfiled. APCIA shall have 7 days from the date of this order to file and serve a brief of amicus curiae that complies with NRAP 29(d) and does not exceed 7.5 pages or 3,500 words. We grant petitioner's motion and hereby stay the district court proceedings pending further order of this court. (SC)22-23957
08/04/2022BriefFiled Amicus Brief of Amicus Curiae American Property Casualty Insurance Association in Support of Petitioner and in Support of Granting the Petition. (SC)22-24429
08/09/2022MotionFiled Motion to Associate Counsel Wystan M. Ackerman. (SC)22-24961
08/18/2022Notice/IncomingFiled Real Party in Interest's Notice of Association of Counsel Robert L. Eisenberg. (SC)22-25881
08/22/2022Order/ProceduralFiled Order Granting Motion. Attorney Wystan M. Ackerman, of the law firm of Robinson & Cole LLP shall be permitted to appear on behalf of American Property Casualty Insurance Association in this appeal. Nevada attorney Tyler Watson, of the law firm of Christian Kravitz Dichter Johnson & Sluga, shall be responsible for all matters presented by Mr. Ackerman in this matter. (SC)22-26092
08/24/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Real Party in Interest's Answer to Petition for Writ due: September 9, 2022. (SC)22-26437
09/07/2022MotionFiled Real Party in Interest's Motion to Extend Time to File Answer to Petition for Writ. (SC)22-27990
09/09/2022Order/ProceduralFiled Order Granting Motion. Real party in interest shall have until September 23, 2022, to file and serve the answer. (SC)22-28235
09/23/2022Petition/WritFiled Real Party in Intertest's Answer to Petition for Writ of Mandamus or, in the Alternative, Prohibition. (SC)22-29996
09/29/2022MotionFiled Motion for Leave for Nevada State Medical Association to File Amicus Curiae Brief. (SC)22-30708
09/29/2022BriefFiled Brief of Amicus Curiae Nevada State Medical Association In Support Of Neither Party But In Support Of Denying The Petition. (SC)22-30709
09/30/2022MotionFiled Motion to File Amicus Curiae Brief. (SC)22-30995
09/30/2022Notice/IncomingFiled Frank M. Flansburg, III's Notice of Appearance for Amicus Curiae Boyd Gaming Corp. (SC)22-30997
09/30/2022BriefFiled Brief of Amicus Curiae Panda Restaurant Group, Inc. in Support of Respondents and the Real Party in Interest and Denying the Petition. (SC)22-30998
09/30/2022MotionFiled Motion of Boyd Gaming to Appear as Amicus Curiae. (SC)22-30999
09/30/2022BriefFiled Boyd Gaming -Amicus Brief. (SC)22-31001
09/30/2022MotionFiled Motion of United Policyholders for Leave to File an Amicus Curiae Brief. (Brief w/exhibits attached) (SC)22-31004
09/30/2022BriefFiled Brief of Amicus Curiae, United Policyholders in Support of Respondents and Real Party in Interest. (Brief w/exhibits) (SC)22-31007
09/30/2022Notice/IncomingFiled Frank M. Flansburg, III's Notice of Appearance for Amicus Curiae Caesars Entertainment, Inc. and Golden entertainment, Inc. (SC)22-31016
09/30/2022MotionFiled Motion to Associate Counsel for Caesars Entertainment. Inc. (SC)22-31020
09/30/2022MotionFiled Motion of Caesars Entertainment, Inc.; Golden Entertainment, Inc.; Wynn Resorts, Limited and Hilton Worldwide Holdings, Inc's for Leave to File Amicus Curiae. (SC)22-31025
09/30/2022BriefFiled Amicus Brief - Caesars Entertainment, Inc.; Golden Entertainment, Inc.; Wynn Resorts, Limited and Hilton Worldwide Holdings, Inc. (SC)22-31026
09/30/2022MotionFiled Motion for Permission to File Document Motion for Leave to File Amici Curiae Brief. (SC)22-31034
09/30/2022BriefFiled Amicus Brief of Amici Curiae in Support of JGB Vegas Retail Lessee, LLC, and Denial of the Petition. (SC)22-31035
09/30/2022MotionFiled Request for Judicial Notice of The Resturant Law Center, Bloomin' Brands, Inc., Treasure Island, LLC, and Circus Circus LV, LP. (SC)22-31037
10/04/2022Notice/IncomingFiled Amended NRAP 26.1 Disclosure Statement. (Amicus Curiae)(SC)22-31236
10/07/2022MotionFiled Stipulation for Extension of Time for Petitioner to File Reply Brief. (SC)22-31753
10/10/2022Notice/OutgoingIssued Notice Motion/Stipulation Approved. Petitioner's reply due: November 7, 2022. (SC)22-31785
10/17/2022Order/ProceduralFiled Order Granting Motions. The unopposed motions for leave to file briefs of amicus curiae filed on September 29 and 30, 2022, are granted. The amicus briefs were filed on September 29 and 30, 2022. The unopposed motion of The Restaurant Law Center; Bloomin' Brands, Inc.; Treasure Island, LLC; and Circus Circus LV, LP for judicial notice is granted to the following extent. This court will provisionally take judicial notice of the documents attached to the September 30, 2022, motion. Amicus curiae Caesars Entertainment Inc. has filed a motion to associate attorneys Christine G. Rolph, Corey D. McGhee, John M. Wilson, and Brook B. Roberts of the law firm of Latham & Watkins LLP as counsel of record pursuant to SCR 42. The motion is granted. Ms. Rolph, Mr. McGhee, Mr. Wilson, and Mr. Roberts shall be permitted to appear on behalf of Caesars Entertainment in this appeal. (SC)22-32650
11/04/2022MotionFiled Motion to Associate Counsel for Boyd Gaming Corporation. (SC).22-34773
11/07/2022MotionFiled Petitioner's Motion for Extension of Time to File Reply Brief. (SC)22-35072
11/09/2022MotionFiled Amicus Curiae Wynn Resorts Motion to Associate Counsel for Tyrone R. Childress. (SC)22-35262
11/14/2022Order/ProceduralFiled Order Granting Motions. Amicus curiae Boyd Gaming Corporation filed a motion to associate attorney Wendy Feng of the law firm of Covington & Burling LLP. The motion is granted. Petitioner's motion for a second extension of time to file the reply is granted. Petitioner shall have until December 7, 2022, to file and serve its reply in support of the petition. (SC)22-35681
11/15/2022Order/ProceduralFiled Order Denying Motion. Attorney Patrick Byrne has filed a motion to associate California attorney Tyrone R. Childress as counsel of record for amicus curiae Wynn Resorts Limited. The verified application lists Bradley Austin as counsel of record for Wynn Resorts. The designation, certification and consent of Nevada counsel is also signed by Mr. Austin. Accordingly, the motion is denied without prejudice. (SC)22-35891
11/17/2022MotionFiled Motion to Associate for Amicus Curiae Wynn Resorts Limited to add Jason B. Lissy. (SC)22-36146
11/29/2022Order/ProceduralFiled Order Denying Motion. Attorney Patrick Byrne has filed a motion to associate attorney Jason B. Lissy as counsel of record for amicus curiae Wynn Resorts Limited. The motion is denied without prejudice. If Mr. Austin wishes to be recognized as counsel of record for Wynn Resorts, he must file a notice of appearance in accordance with NRAP 46(a)(2). (SC)22-37376
12/07/2022MotionFiled Amicus Curiaes' (The Restaurant Law Center, Bloomin' Brands, Inc., Treasure Island, LLC and Circus Circus LV, LP) Motion to Associate Counsel Michael S. Levine, Esq. (SC)22-38530
12/07/2022Petition/WritFiled Petitioner's Reply to Answer to Petition for Writ of Mandamus or, in the Alternative, Prohibition. (SC)22-38553
01/03/2023BriefFiled Petitioner's Notice of Supplemental Authorities. (SC)23-00005
01/17/2023BriefFiled Real Party in Interest's Supplemental Authorities (SC).23-01555
02/17/2023BriefFiled Petitioner's Second Notice of Supplemental Authorities. (SC)23-05091
03/13/2023Notice/IncomingFiled Real Party in Interest's Second Notice of Supplemental Authorities. (SC)23-07670
04/04/2023BriefFiled Petitioner (Starr Surplus Lines Insurance Co.) Third Notice of Supplemental Authorities and Response to Real Party in Interest's Second Notice of Supplemental Authorities. (SC)23-10342
05/05/2023Order/ProceduralFiled Order Scheduling Oral Argument. This matter is scheduled for oral argument on June 5, 2023, at 10:30 a.m. in Las Vegas. Argument shall be limited to 30 minutes. (SC)23-14317
05/15/2023BriefFiled Real Party in Interest's Third Notice of Supplemental Authorities in Support of its Answer to Petition for Writ of Mandamus or, in the Alternative, Prohibition, and (2) Response to Petitioner's Third Notice of Supplemental Authorities. (SC)23-15360
05/22/2023Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)23-16027
05/25/2023Letter/IncomingFiled Letter to Supreme Court Clerk in Regards to Pro Hac Counsel. (SC).23-16477
05/25/2023BriefFiled Petitioner's Fourth Notice of Supplemental Authority and Response to Real Party in Interest's Third Notice of Supplemental Authorities. (SC).23-16487
05/26/2023MotionFiled Motion to Associate Counsel for Real Party in Interest JGB Vegas Retail Lessee, LLC. (SC).23-16620
05/26/2023BriefFiled Petitioner's Fifth Notice of Supplemental Authorities. (SC)23-16693
05/26/2023Notice/IncomingFiled Petitioner's Notice of Appearance Oral Argument. (SC)23-16738
05/30/2023Order/ProceduralFiled Order Granting Motion. On May 26, 2023, real party in interest filed a motion to associate attorney John M. Wilson of the law firm of Latham & Watkins LLP, in this matter pursuant to SCR 42. Cause appearing, we grant the motion. Mr. Wilson shall be permitted to appear on behalf of real party in interest in this matter. (SC)23-16776
06/01/2023BriefFiled Petitioner's Sixth Notice of Supplemental Authorities. (SC)23-17199
06/01/2023Notice/OutgoingIssued Notice Regarding Oral Argument. Argument in this matter will now begin at 10:40 a.m. (SC)23-17259
06/05/2023Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Panel . (SC)
07/05/2023Notice/IncomingFiled Petitioner's Amended Notice of Appearance. (SC)23-21441
07/07/2023BriefFiled Petitioner's Seventh Notice of Supplemental Authorities. (SC)23-21762
08/08/2023Notice/IncomingFiled Real Party in Interest (JGB Vegas Retail Lessee, LLC) Notice of Disassociation of Counsel for Bradley S. Schrager, Esq. (SC)23-25580
08/10/2023BriefFiled Petitioner's Eighth Notice of Supplemental Authorities. (SC)23-26007
08/15/2023BriefFiled Real Party in Interest's Response to Petitioner's Seventh and Eighth Notice of Supplemental Authorities. (SC)23-26536
09/14/2023Opinion/DispositionalFiled Authored Opinion. "Petition granted." We grant the petition and direct the clerk of this court to issue a writ of mandamus directing the district court to vacate its order denying Starr's motion for summary judgment on the breach of contract and declaratory relief claims and enter an order granting summary judgment in Starr's favor. Before the court EN BANC. Author: Cadish, J. Majority: Cadish/Stiglich/Pickering/Herndon/Lee/Parraguirre/Bell. 139 Nev. Adv. Opn. No. 32. fn1[ In light of this decision, we lift the stay of proceedings imposed by our July 29, 2022, order.] (SC)23-30109
09/15/2023WritIssued Writ with letter. Original and one copy of writ and copy of opinion mailed to Daniel Polsenberg for service upon Judge Mark Denton. (SC)
09/25/2023WritFiled Returned Writ. Original Writ returned. Served on Judge Hon. Mark Denton on September 21, 2023. (SC)23-31387
09/28/2023MotionFiled Petitioner' Bill of Costs.(SC)23-31896
10/13/2023Order/ProceduralFiled Order Disapproving Bill of Costs. The rule does not apply to original writ petitions. Accordingly, petitioner is not entitled to any costs under NRAP 39 and the bill of costs is disapproved. (SC)23-33496
10/17/2023RemittiturIssued Notice in Lieu of Remittitur.(SC)23-33890
10/17/2023Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed.(SC)
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