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United States Court Cases

Nevada Supreme/Appellate Court Record

VENETIAN CASINO RESORT VS. DIST CT (LEHRER MCGOVERN)

Case Information: 37670
Short Caption:VENETIAN CASINO RESORT VS. DIST CT (LEHRER MCGOVERN)Court:Supreme Court
Related Case(s): 36029 , 36030 , 36031 , 36032 , 36033 , 36157 , 36160 , 36161 , 36162 , 36163 , 36164 , 36165 , 36166 , 36232 , 36235 , 36236 , 36237 , 36238 , 36239 , 36240 , 36241 , 36242 , 36243 , 36244 , 36245 , 36246 , 36581 , 37054 , 37245 , 37527 , 37546 , 37558 , 37713 , 37792 , 38576 , 39928 , 41163 , 41332 , 42265
Lower Court Case(s):Clark Co. - Eighth Judicial District - A397391Classification:Original Proceeding - Civil - Cert/Man/Pro
Disqualifications:Leavitt, Maupin, YoungCase Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:10/16/2001 at 11:00 AMOral Argument Location:Carson City
Submission Date:10/16/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/09/2001OtherDisqualification of Justice Young. Law firm of Lionel Sawyer & Collins.
04/09/2001OtherDisqualification of Justice Leavitt. Law firm of Hale, Lane, Peek, Dennison, Howard & Anderson.
04/09/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Lionel Sawyer & Collins--check no. 117741.
04/09/2001Petition/WritFiled Petition for Writ. Petition for Extraordinary Writ Relief and Motion to Vacate Court Order. 01-06016
04/09/2001AppendixFiled Appendix. Volumes 1 and 2 to Appendix to Petition for Extraordinary Writ Relief and Motion to Vacate Court Order. 01-06017
04/09/2001MotionFiled Motion for Stay. Omninbus Motion for Stay Pending Resolution of Petitions for Extraordinary Writ Relief. Nos. 37527 & 37670. 01-06018
04/10/2001MotionFiled Motion for Stay. Errata to Omninbus Motion for Stay Pending Resolution of Petitions for Extraordinary Writ Relief, Submitted on April 6, 2001. Nos. 37527 & 37670. 01-06158
04/18/2001MotionFiled Stipulation. Stipulation for Extension of Time for Lehrer McGovern Bovis to Respond to Omnibus Motion for Stay Pending Resolution of Petitions for Extraordinary Writ Relief. Nos 37527 & 37670. 01-06752
04/23/2001Order/Clerk'sFiled Clerk's Order Approving Stipulation. The clerk of this court shall file the real parties in interests' response to the motion for a stay received on April 20, 2001. 01-06847
04/23/2001MotionFiled Response to Motion. Joint Opposition of Lehrer McGovern Bovis, Inc. and Bond Claimants (Formerly Lien Claimants) to Petitioners' Omnibus Motion for Stay Pending Resolution of Petitions for Extraordinary Writ Relief. 01-06753
04/25/2001Notice/IncomingFiled Errata. Errata to Joint Opposition of Lehrer McGovern Bovis, Inc. and Bond Claimants (Formerly Lien Claimants) to Petitioners' Omnibus Motion for Stay Pending Resolution of Petitions for Extraordinary Writ Relief. 01-07016
04/27/2001MotionFiled Motion. TRM's Joinder in Lehrer McGovern Bovis, Inc.'s and Bond Claimants' (formerly Lien Claimants) Opposition to Petitioners' Omnibus Motion for Stay Pending Resolution of Petitions for Extraordinary Writ Relief. Nos. 37527 & 37670. 01-07126
05/02/2001Order/ProceduralFiled Order/Answer Writ Petition. The real party in interest, on behalf of respondents, shall have 30 days from the date of this order within which to file an answer, including authorities, against issuance of the writ. fn1[We defer ruling on petitioners' moiton to stay the underlying proceedings.] 01-07400
05/25/2001MotionFiled Stipulation. Stipulation for Extension of Time for Real Parties in Interest to Respond to Petition for Extraordinary Writ Relief and Motion to Vacate Court Order. 01-08780
05/29/2001Order/Clerk'sFiled Clerk's Order Approving Stipulation. The real parties in interest, on behalf of respondents, shall have until June 15, 2001, to file and serve their answer to the petition for extraordinary writ relief and the motion to vacate court order filed in this matter. 01-08871
06/04/2001MotionFiled Motion for Stay. Renewed Motion for Stay Pending Resolution of Petition for Extraordinary Writ Relief and Motion to Vacate Order. 01-09245
06/12/2001MotionFiled Response to Motion. Ahern Rentals' Opposition to Renewed Motion for Stay Pending Resolution of Petition for Extraordinary Writ Relief and Motion to Vacate Order. 01-09804
06/12/2001MotionFiled Stipulation. Stipulation for Extension of Time for Real Party in Interest to Respond to Petition for Extraordinary Writ Relief and Motion to Vacate Court Order. 01-09806
06/13/2001MotionFiled Response to Motion. Real Parties in Interest's Joint Opposition to Petitioners' Renewed Motion for Stay Pending Resolution of Petition for Extraordinary Writ Relief and Motion to Vacate Order (re: Senior Judge Brennan). 01-09908
06/14/2001Order/Clerk'sFiled Clerk's Order. On June 12, 2001, the parties filed a stipulation extending the time until June 13, 2001, for the real parties in interest to file a response. Pursuant to order of this court entered on May 29, 2001, the answer to the petition for extraordinary writ relief the motion to vacate court order is not due to be filed until June 15, 2001. 01-09965
06/14/2001Petition/WritFiled Answer to Petition for Writ. Answer to Petition for Extraordinary Writ Relief and Motion to Vacate Court Order. (Filed by the Herrick Corporation.) 01-09999
06/14/2001AppendixFiled Appendix. Appendix to Answer to Petition for Extraordinary Writ Relief and Motion to Vacate Court Order. 01-10001
06/18/2001MotionFiled Motion to Extend Time. Emergency Request of Real Parties in Interest for Extension of Time (One Week) to Answer Petition for Extraordinary Writ Relief (re: Senior Judge Brennen). 01-10168
06/18/2001MotionFiled Motion. Motion for Leave to File Amicus Brief by Members of the Construction Industry Coalition. 01-10171
06/22/2001Order/ProceduralFiled Order. Real parties in interest LMB and Trade Contractors shall have 7 days from the date of this order to file an answer to the petition for extraordinary writ relief and the motion to vacate court order filed in this matter. No further extensions of time shall be permitted except upon demonstration of extreme and unforeseeable circumstances. The Construction Industry Coalition shall have 14 days from the date of this order to file an amicus curiae brief in support of the position of the real parties in interest. 01-10554
06/25/2001MotionFiled Response to Motion. Opposition to Motion for Leave to File Amicus Brief. 01-10665
06/26/2001Petition/WritFiled Answer to Petition for Writ. Real Parties in Interest LMB and Trade Contractors. 01-10745
06/28/2001OtherDisqualification of Justice Maupin. Law firm of Hale, Lane, Peek, Dennison, Howard & Anderson.
06/29/2001MotionFiled Motion. TRM's Joinder in Herick Corporation's and Joint Lien Claimant's Answer and Opposition to Venetian's Petition for Extraordinary Writ Relief Re Senior Judge Brennan. 01-11056
07/02/2001Notice/IncomingFiled Joinder. Ahern Rentals' Joinder in the Answer and joint Opposition of Real Parties in Interest to Venetian's Petition for Extraordinary Writ Relief (Re: the Honorable Senior Judge James A. Brennan). 01-11117
07/03/2001MotionFiled Motion. Motion for Leave to file Amicus Brief. 01-11189
07/09/2001BriefFiled Amicus Brief. Amicus Brief in Response to Petition for Extraordinary Writ Relief and Motion to Vacate Order Filed by Venetian Casino Resort, LLC, et al. 01-11503
08/02/2001MotionFiled Motion for Permission to File Document. Motion for Permission to File Reply and Supplemental Memorandum in Support of Petitions (and Motion) for Extraordinary Relief. 01-13113
08/10/2001Order/ProceduralFiled Order Granting Motion. filed August 2, 2001. The clerk of this court shall file the reply and appendix received on August 2, 2001. Nos. 37527/37670-cases are not consolidated. 01-13611
08/10/2001MotionFiled Reply to Response. Reply and Supplemental Memorandum in Support of Petitions for Extraordinary Relief. 01-13115
08/10/2001AppendixFiled Appendix. Supplemental Appendix. 01-13117
08/10/2001Order/ProceduralFiled Order/Motion Granted in Part. Order Denying Motion for Stay and Granting Motion to file Amicus Curiae Brief. We deny the motion for a stay. On July 3, 2001, Culinary Workers Union Local 226 filed a motion requesting leave to participate in this matter aas an amicus curiae. We grant the motion, and direct the court clerk to file the amicus brief that was submitted provisionally with the motion. 01-13612
08/10/2001BriefFiled Amicus Brief. Brief of Amicus Curiae Culinary Workers Union Local 226 in Support of Respondent and Real Parties in Interest. 01-11190
08/30/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on October 16, 2001, at 11:00 a.m. (En Banc)
10/01/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
10/02/2001Order/IncomingFiled Executive Order. District Judge Archie E. Blake appointed to sit in the place of Justice Cliff Young. 01-16585
10/12/2001Petition/WritFiled Supplement to Petition for Writ. Supplemental Petition for Extraordinary Writ Relief. 01-17222
10/12/2001AppendixFiled Appendix. Appendix to Supplemental Petition for Extraordinary Writ Relief, Vols. 1 and 2. 01-17223
10/12/2001Order/ProceduralFiled Order. On August 30, 2001, the clerk of this court issued a notice scheduling this matter for oral argument before the en banc court on October 16, 2001. On October 12, 2001 – two judicial days before the scheduled oral argument – petitioners filed a 22-page "Supplemental Petition for Extraordinary Writ Relief" and a two-volume appendix. The certificate of service included in the supplemental petition indicates that the supplemental petition and appendix were served on respondents and counsel for the real parties in interest on October 11, 2001, by mail. Rule 21(b) of the Nevada Rules of Appellate Procedure contemplates that petitions for extraordinary writs shall be heard and resolved by this court solely on the petition, and an answer if ordered by the court. Petitioners, in the instant case, did not move for or obtain permission to file a supplemental petition. Despite these procedural deficiencies, the supplemental petition has been filed in the interest of judicial economy. The real parties in interest shall have 10 days from the date of this order to file and serve a supplemental answer to the supplemental petition. These documents shall be considered in our resolution of this matter after oral argument. Accordingly, the parties shall not raise the matters discussed in the supplemental petition at oral argument on October 12, 2001. Finally, we admonish petitioners' counsel for the untimely filing of their supplemental petition without leave of court. We caution petitioners' counsel that any further disregard of the procedural rules of this court may result in the imposition of sanctions. 01-17257
10/16/2001Other Other. Added real parties and interest and corrected caption today. (Real parties in interest were formerly, "Lehrer McGovern Bovis, Inc., and Certain Lein Claimants.")
10/16/2001Case Status Update Submitted for Decision. Before the En Banc Court. En Banc-Blake, D.J. for Young, J. Maupin, C.J. and Leavitt, J. disqualified.
10/24/2001Petition/WritFiled Answer to Petition for Writ. Supplemental Answer of Real Parties in Interest, Lehrer McGovern Bovis, Inc. and Various Lien Claimants, to Supplemental Petition for Extraordinary Writ Relief. 01-17933
02/27/2002Order/DispositionalFiled Order Denying Petition. This court's recall of Judge Brennan to senior service, and the assignment of the Venetian litigation to him, was a valid exercise of this court's constitutional authority to recall retired judges to service. "We therefore deny Venetian's request for writ relief." fn2[The Honorable William Maupin, Chief Justice, and the honorable Myron Leavitt, Justice, voluntarily recused themselves from participation in the decision of this matter.] fn3[The Honorable Archie E. Blake, Judge of the Third Judicial District Court, was designated the Governor to sit in place of the Honorable cliff Young, Justice.] EN BANC-MS/DA/RR/NB/BLAKE, D.J. 02-03598
03/26/2002RemittiturIssued Notice in Lieu of Remittitur. 02-03714
03/26/2002Case Status Update Remittitur Issued/Case Closed.