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United States Court Cases

Nevada Supreme/Appellate Court Record

MONUMENT POINTE, LTD. VS. CLARK COUNTY

Case Information: 40054
Short Caption:MONUMENT POINTE, LTD. VS. CLARK COUNTYCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A377985Classification:Civil Appeal - General - Other
Disqualifications:Douglas, Gibbons, RoseCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:08/21/2002 / Singer, MichaelSP Status:Completed
Oral Argument:06/22/2004 at 11:30 AMOral Argument Location:Carson City
Submission Date:06/22/2004How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/13/2002OtherDisqualification of Justice Leavitt. Attorney James Jack Leavitt.
08/13/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kermitt L. Waters--check no. 6284.
08/13/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 02-13835
08/15/2002OtherDisqualification of Justice Rose.
08/15/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 02-13976
08/19/2002Notice/IncomingFiled Notice of Change of Address. Michael G. Chapman. 02-14089
08/21/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Michael H. Singer. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/27/2002Filing Fee Filing Fee Waived. (Returned check no. 5574 to Michael G. Chapman.)
08/27/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 02-14700
08/27/2002Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
08/27/2002Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 02-14708
09/03/2002Notice/Outgoing Letter. Michael H. Singer. (Docketing statement of Respondent/Cross-Appellant)
09/05/2002Notice/Outgoing Letter. Michael H. Singer. (Notice of Cross-Appeal)
09/11/2002Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 02-15767
09/12/2002Notice/Outgoing Letter. Michael H. Singer. (Docketing statement of Appellant/Cross-Respondent)
10/28/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-18538
11/04/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent and respondent/cross-appellant: 15 days to comply with NRAP 9(a). Appellant/cross-respondent: 120 days to file and serve opening brief and appendix. Respondent/cross-appellant: 30 days thereafter to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant/cross-respondent: 30 days thereafter to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondent/cross-appellant: 30 days thereafter to file and serve a reply brief on cross-appeal. 02-18957
11/20/2002Other Other. Filed Appellant/Cross-Respondent's and Respondent/Cross-Appellant's Joint Certificate Regarding Certain Transcripts of Proceedings (no action required). 02-19987
11/20/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 06/26/00; 02/06/02; 02/12/02; 03/04/02;. To Court Reporters: Gayle Clift; Cat Nelson; and Suzy Nichols. 02-19988
11/27/2002Notice/OutgoingIssued Notice to Transmit Required Document. Order of Condemnation filed 8/15/02 and Notice of Entry if one is available. Due Date: 10 days.
12/04/2002TranscriptFiled Transcript. Proceedings: February 12, 2002. Court Reporter: Gayle Clift. 02-20739
12/05/2002Order/IncomingFiled District Court Order. Certified copy of Final Order of Condemnation filed in district court on August 15, 2002. 02-20852
01/23/2003TranscriptFiled Transcript. Proceedings: 6/26/00. Court Reporter: Cat Nelson. 03-01271
02/26/2003MotionFiled Stipulation and Order. Brief due: April 3, 2003. 03-03177
03/05/2003Order/ProceduralFiled Order/Show Cause. Response due from appellant and cross-appellant: 30 days from the date of this order. fn2[If the district court has not entered written orders resolving the rights and liabilities of each of the thirteen-listed defendants, appellant and cross-appellant may cure the jurisdictional defect by obtaining a comprehensive written dismissal order from the district court and then timely filing amended notices of appeal.] The preparation of transcripts and the briefing schedule in this appeal and cross-appeal shall be suspended pending further order of this court. Appellant and cross-appellant may each file any reply within ten days from the date the other party serves its response. 03-03623
03/06/2003OtherDisqualification of Justice Gibbons.
03/31/2003MotionFiled Response to Order to Show Cause. Clark County's Response to Order to Show Cause. 03-05336
04/10/2003Order/ProceduralFiled Order/Briefing Reinstated. We conclude that this appeal may proceed. We reinstate the briefing schedule and the preparation of the transcripts. Appellant shall have 45 days from this order's date to file the opening brief and appendix. Cross-appellant shall then have 30 days to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant shall then have 30 days to file and serve an answering brief on cross-appeal, combined with any reply brief on appeal. Cross-appellant shall then have 30 days to file and serve any reply brief on cross-appeal. 03-06039
05/16/2003MotionFiled Motion to Extend Time. 03-08353
05/20/2003Order/ProceduralFiled Order Granting Motion. filed May 16, 2003. Appellant shall have until June 26, 2003, to file and serve its opening brief and appendix. 03-08475
06/10/2003TranscriptFiled Transcript. Proceedings: December 10, 2001 and March 4, 2002. Court Reporters: Carrie Hansen and Cathy Nelson. 03-09663
06/27/2003BriefFiled Opening Brief. Appellant/Cross-Respondent. 03-10809
06/27/2003AppendixFiled Joint Appendix. Appellant/Cross-Respondent. Vols. 1 through 21. 03-10810
07/24/2003MotionFiled Stipulation and Order. Brief due: August 28, 2003. 03-12537
08/08/2003MotionFiled Motion to Extend Time. Motion for Extension of Time in which to file Respondents Answering Brief and Cross-Appellant's Opening Brief. 03-13305
08/11/2003Order/ProceduralFiled Order Granting Motion. filed August 8, 2003. Respondent/cross-appellant shall have until September 29, 2003, to file and serve its combined brief. 03-13333
09/23/2003MotionFiled Motion and Order/Excess Pages. (respondent/cross-appellant County of Clark). Granted: 45 pages 03-15863
09/29/2003BriefFiled Answering Brief. Respondent/Cross-Appellant. 03-16251
09/29/2003AppendixFiled Appendix to Answering Brief. 03-16252
10/20/2003Order/ProceduralFiled Order. On November 20, 2002, the parties filed 2 joint transcript request forms. To date, all transcripts requested in the second form have been filed except for transcripts for proceedings conducted on February 6, 2002, and January 25, 1999. The district court's minutes indicate that the hearing on February 6, 2002, was a calendar call at which the court resolved no motions or other contested matters but merely confirmed the trial date. If the parties conclude that this court's review of that transcript is necessary, they shall, within 10 days from the date of this order, file a copy of the transcript as a supplemental appendix. fn1[The February 6, 2002, transcript was filed in the district court on February 14, 2002, prior to the docketing of this appeal. See NRAP 9(a), 10(b) and 30(b)(1) (appellant should include copies of transcripts which were prepared and filed in the district court prior to the docketing of an appeal in the appendix to the opening brief).] A cursory review of appellant's opening brief reveals no apparent references to the proceedings conducted on January 25, 1999. Accordingly, the parties shall inform this court in writing, within 20 days from the date of this order, whether they still require the transcript of January 25, 1999. 03-17394
10/27/2003MotionFiled Motion and Order Extending Time. Brief due: November 13, 2003. 03-17866
11/05/2003Letter/IncomingFiled Letter. from Court Reporter Suzanne Nichols regarding transcripts. (No action per JT) 03-18466
11/05/2003TranscriptFiled Transcript. Proceedings: January 25, 1999. Court Reporter: Suzanne M. Nichols (not filed in the district court). 03-18467
11/14/2003MotionFiled Motion and Order/Excess Pages. Motion for Permission to Exceed page Limitation (Reply Brief). Granted: 36 pages. 03-18981
11/14/2003BriefFiled Reply Brief. Appellant/Cross-Respondent's Reply Brief on Appeal and Answering Brief on Cross Appeal. 03-18982
11/14/2003AppendixFiled Appendix to Reply Brief. Appellant/Cross Respondent. 03-18983
12/30/2003Case Status Update Briefing Completed. No reply brief/cross-appeal filed.
02/19/2004MotionFiled Motion to Extend Time. Stipulation attached. 04-03207
02/24/2004Order/ProceduralFiled Order Granting Motion. filed February 19, 2004. Respondent/cross-appellant shall have until March 19, 2004, to file its reply brief on cross-appeal. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 04-03546
03/18/2004BriefFiled Reply Brief on Cross-Appeal. 04-05177
04/19/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
04/27/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 22, 2004, at 11:30 a.m. (En Banc)
05/06/2004Order/ProceduralFiled Order. The Honorable Robert E. Rose, Justice, being disqualified in the above entitled matter, the Honorable Cliff Young, Senior Justice, is assigned to sit and participate in the decision of this matter. 04-08337
06/08/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
06/22/2004Case Status Update Submitted for Decision. Before the En Banc Court. En Banc.
12/21/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn7[The Honorable Mark Gibbons, Justice, and the Honorable Michael L. Douglas, Justice, voluntarily recused themselves from participation in the decision of this matter.] fn8[The Honorable Cliff Young, Senior Justice, was appointed by the court to sit in place of the Honorable Robert E. Rose, Justice. Nev. Const. Art. 6, sec. 19; SCR 10.] EN BANC-MS/DA/NB/WM/CY 04-23259
01/10/2005Filing Fee Filing Fee due. Rehearing.
01/10/2005Post-Judgment PetitionFiled Petition for Rehearing. 05-00473
01/12/2005Filing FeeReceived Filing Fee Paid on Filing. $150.00 from Kermitt L. Waters - check no. 40054.
01/25/2005Order/ProceduralFiled Order. The Honorables Miriam Shearing, and Deborah A. Agosti, Senior Justices, are assigned to participate for all further proceedings in this matter. 05-01592
02/03/2005Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). EN BANC-NB/WM/CY/MS/DA 05-02177
03/01/2005RemittiturIssued Remittitur. 05-02336
03/01/2005Case Status Update Remittitur Issued/Case Closed.
03/07/2005RemittiturFiled Remittitur. Received by County Clerk on March 3, 2005. 05-02336