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Combined Case Information: 83372
Short Caption:FRIESE VS. FUN CITY LAS VEGAS, LLCCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A795549Classification:Civil Appeal - General - Other
Disqualifications:HerndonCase Status:Remittitur Issued/Case Closed
Replacement:None for Chief Justice HerndonPanel Assigned: En Banc
To SP/Judge:08/24/2021 / Mishel, PersiSP Status:Completed
Oral Argument:04/17/2023 at 1:00 PMOral Argument Location:Las Vegas
Submission Date:04/17/2023How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/16/2021Filing FeeFiling Fee due for Appeal. (SC)
08/16/2021Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)21-23848
08/16/2021Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (SC)21-23863
08/19/2021Filing FeeFiling Fee Paid. $250.00 from The702Firm. Check no. 29835. (SC)
08/23/2021Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. Docketing Statement mailed to counsel for appellant - due: 21 days. (SC)21-24452
08/23/2021Notice/IncomingFiled Appellant's Notice of Appearance for Micah S. Echols of Claggett & Sykes Law Firm. (SC)21-24480
08/24/2021Order/ProceduralFiled Order. The clerk of this court shall add Micah S. Echols and the Claggett & Sykes Law Firm as associated counsel of record for appellant, Stephen Friese as personal representative of the Estate of Keith Friese. (SC)21-24642
08/24/2021Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Persi J. Mishel. (SC)21-24670
09/09/2021Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's docketing statement due: September 27, 2021. (SC)21-26156
09/24/2021Docketing StatementFiled Docketing Statement Civil Appeals. (SC)21-27631
10/03/2021Settlement Program ReportFiled ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. (SC)21-28314
10/05/2021Settlement Order/ProceduralFiled Order Removing From Settlement Program/Briefing Reinstated. This appeal is removed from the settlement program. Appellant(s): 14 days transcript request; 90 days opening brief. (SC)21-28457
10/18/2021Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 3/30/21. To Court Reporter: Susie Schofield. (SC)21-29848
10/27/2021MotionFiled Appellant's Motion to Associate Counsel. (SC)21-30982
11/05/2021Order/ProceduralFiled Order Granting Motion to Associate Counsel. Attorney Andrew Robert Gould of the law firm of Arnold & Itkin LLP shall be permitted to appear on behalf of appellant in this appeal. Nevada attorney Micah S. Echols of the Claggett & Sykes Law Firm shall be responsible for all matters presented by Mr. Gould in this matter. (SC)21-31871
12/07/2021MotionFiled Appellant's Motion to Extend Time to File Opening Brief and Appendix. (First Request)(SC)21-34914
12/08/2021Notice/OutgoingIssued Notice Motion/Stipulation Approved for Opening Brief and Appendix. Due date February 2, 2022. (SC)21-34963
02/02/2022BriefFiled Appellant's Opening Brief. (SC)22-03610
02/02/2022AppendixFiled Appellant's Appendix to Opening Brief. Vol. 1. (SC)22-03611
02/02/2022AppendixFiled Appellant's Appendix to Opening Brief. Vol. 2. (SC)22-03612
02/02/2022AppendixFiled Appellant's Appendix to Opening Brief. Vol. 3. (SC)22-03613
02/02/2022AppendixFiled Appellant's Appendix to Opening Brief. Vol. 4. (SC)22-03614
02/02/2022AppendixFiled Appellant's Appendix to Opening Brief. Vol. 5. (SC)22-03615
03/07/2022Notice/IncomingFiled Respondents' Notice of Appearance for Daniel F. Polsenberg, Joel D. Henriod, and Abraham G. Smith. (SC)22-07240
03/07/2022MotionFiled Respondents' Unopposed Motion for Extension of Time to File Answering Brief and Unopposed Motion for Leave to Request Extension After the Deadline. (SC)22-07243
03/21/2022Order/ProceduralFiled Order Granting Motion. Respondents' answering brief due: May 3, 2022. fn1 [Pursuant to the notice of appearance filed on March 7, 2022, the clerk of this court shall add attorneys Daniel F. Polsenberg, Joel D. Henriod, and Abraham G. Smith and the law firm of Lewis Roca Rothgerber Christie LLP to the docket as co-counsel for respondents.] (SC)22-08782
05/03/2022MotionFiled Respondents' Motion to Extend Time to File Answering Brief. (SC)22-14091
05/12/2022Order/ProceduralFiled Order Granting Motion. Respondents shall have until July 5, 2022, to file and serve the answering brief. (SC)22-15057
07/05/2022Notice/IncomingFiled Respondents' Notice of Appearance for Dale Kotchka-Alanes. (SC)22-20940
07/05/2022MotionFiled Respondents' Motion to Extend Time to File Answering Brief. (SC)22-20941
07/05/2022BriefFiled Respondents' Answering Brief. (SC)22-21129
07/07/2022Notice/IncomingFiled Respondents' Notice that Motion for Extension Is Not Moot. (SC)22-21408
07/08/2022Order/ProceduralFiled Order Denying Motion. Respondents have filed a motion for a third extension of time to file the answering brief. The motion is denied. Respondents timely filed an answering brief on July 5, 2022. Appellant's reply brief due: August 4, 2022. (SC)22-21592
07/26/2022MotionFiled Appellant's Motion for Extension of Time to File Reply Brief (First Request). (SC)22-23536
07/27/2022Notice/OutgoingIssued Notice Motion/Stipulation Approved. (Reply Brief due: September 6, 2022) (SC)22-23552
09/06/2022BriefFiled Respondents' Supplemental Authorities NRAP 31(e). (STRICKEN PER 9/27/22 ORDER). (SC)
09/06/2022BriefFiled Appellant's Reply Brief. (SC)22-27852
09/06/2022Case Status UpdateBriefing Completed/To Screening. (SC)
09/07/2022MotionFiled Appellant's Motion to Strike Notice of Supplemental Authorities. (SC)22-28056
09/14/2022MotionFiled Respondents' Response to Motion to Strike Notice of Supplemental Authorities. (SC)22-28866
09/19/2022MotionFiled Appellant's Reply in Support of Motion to Strike Notice of Supplemental Authorities. (SC)22-29369
09/27/2022Order/ProceduralFiled Order Granting Motion. The motion to strike is granted. The clerk of this court shall strike the supplemental authorities filed on September 6, 2022. (SC)22-30292
11/17/2022Notice/IncomingFiled Notice of Change of Address for Lincoln, Gustafson & Cercos, LLP. (SC)22-36137
12/02/2022OtherJustice Douglas W. Herndon disqualified from participation in this matter. Disqualification Reason: Sat in District Court Proceedings. (SC).
12/22/2022Notice/IncomingFiled Respondents Notice of Unavailable Dates for Oral Argument. (SC).22-40288
03/09/2023Order/ProceduralFiled Order Scheduling Oral Argument. Oral argument is scheduled for April 17, 2023, at 1:00 p.m., in Las Vegas. The argument shall be limited to 30 minutes. (SC)23-07239
04/03/2023Notice/IncomingFiled Appellant's Notice of Appearance for Oral Argument for Andrew R. Gould. (SC)23-10180
04/03/2023BriefFiled Respondents' Supplemental Authorities. (SC)23-10192
04/04/2023Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)23-10236
04/05/2023Notice/IncomingFiled Respondents' Notice of Appearance for Oral Argument for Daniel F. Polsenberg. (SC)23-10411
04/07/2023MotionFiled Appellant's Response to Notice of Supplemental Authorities. (SC)23-10631
04/10/2023BriefFiled Appellant's Notice of Supplemental Authorities. (SC)23-10809
04/17/2023Case Status UpdateOral argument held this day. Case submitted for decision. Before the Southern Nevada Panel. LS/ PL/ RP. (SC)
06/29/2023Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." LS/PL/RP. (SC)23-20799
07/05/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's petition for rehearing due: July 31, 2023. (SC)23-21378
07/05/2023Notice/IncomingFiled Respondent's Amended Notice of Appearance. (SC)23-21491
07/31/2023Post-Judgment PetitionFiled Appellant's Petition for Rehearing. (SC)23-24471
07/31/2023Filing FeeFiling fee paid. E-Payment $150.00 from Micah S. Echols for Appellant's Rehearing fee. (SC)
08/11/2023Order/ProceduralFiled Order Directing Answer to Petition for Rehearing. Answer due: 14 days. (SC)23-26146
08/16/2023MotionFiled Respondents' Stipulation for Extension to File Answer to Petition for Rehearing. (SC)23-26709
08/29/2023Order/ProceduralFiled Order Approving Stipulation. Respondents shall have until September 25, 2023, to file and serve an answer to the petition for rehearing. (SC)23-28274
09/25/2023MotionFiled Respondent's Motion to Extend Time to File Answer to Petition for Rehearing.(SC)23-31423
09/29/2023Order/ProceduralFiled Order Granting Motion. Respondents shall have until October 25, 2023, to file and serve the answer. (SC)23-31972
10/25/2023Post-Judgment PetitionFiled Respondents' Answer to Petition for Panel Rehearing.(SC)23-34943
11/20/2023Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). LS/DH/RP. (CORRECTED ORDER FILED ON 3/6/24) (SC)
12/04/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's petition for en banc reconsideration due: December 18, 2023. (SC)23-39117
12/18/2023Post-Judgment PetitionFiled Appellant's Petition for En Bank Reconsideration.(SC)23-40987
01/04/2024Order/ProceduralFiled Order Directing Answer to Petition for En Banc Reconsideration. Respondents Answer due: 14 days. We stay issuance of the remittitur in this appeal pending resolution of the petition for en banc reconsideration. (SC)24-00309
01/09/2024MotionFiled Stipulation for Extension to File Answer to Petition for En Banc Reconsideration(SC)24-00856
01/12/2024Order/ProceduralFiled Order Approving Stipulation. Respondents shall have until February 20, 2024, to file and serve an answer to the petition for en banc reconsideration. (SC)24-01343
02/20/2024Post-Judgment PetitionFiled Respondents' Answer to Petition for En Banc Reconsideration(SC)24-06083
03/06/2024Post-Judgment OrderFiled Corrected Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). LS/PL/RP (SC)24-08159
03/08/2024Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." Pickering and Lee, J.J., dissenting. fn1[The Honorable Douglas Herndon, Justice, did not participate in the decision in this matter.] EN BANC (SC)24-08393
04/02/2024RemittiturIssued Remittitur.(SC)24-11651
04/02/2024Case Status UpdateRemittitur Issued/Case Closed.(SC)
04/09/2024RemittiturFiled Remittitur. Received by District Court Clerk on 04/03/24. (SC)24-11651