TAYLOR VS. COLON ( 2020 )


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    Case Information: 78517
    Short Caption:TAYLOR VS. COLONCourt:Supreme Court
    Lower Court Case(s):Clark Co. - Eighth Judicial District - A782057Classification:Civil Appeal - General - Other
    Disqualifications:Case Status:Remittitur Issued/Case Closed
    Replacement:Panel Assigned: En Banc
    To SP/Judge:04/12/2019 / Haberfeld, StephenSP Status:Completed
    Oral Argument:Oral Argument Location:
    Submission Date:05/14/2020How Submitted:On Record And Briefs

    + Party Information
    RoleParty NameRepresented By
    AppellantAmerican Gaming AssociationJason B. Sifers (McDonald Carano LLP/Las Vegas)
    Jeffrey A. Silvestri (McDonald Carano LLP/Las Vegas)
    AppellantJames TaylorAaron D. Ford (Attorney General/Carson City)
    Theresa M. Haar (Attorney General/Las Vegas)
    Edward L. Magaw (Attorney General/Las Vegas)
    Heidi J. Parry Stern (Attorney General/Las Vegas)
    AppellantNevada Gaming Control BoardAaron D. Ford (Attorney General/Carson City)
    Theresa M. Haar (Attorney General/Las Vegas)
    Edward L. Magaw (Attorney General/Las Vegas)
    Heidi J. Parry Stern (Attorney General/Las Vegas)
    RespondentNicholas G. ColonRobert A. Nersesian (Nersesian & Sankiewicz)
    Thea Marie Sankiewicz (Nersesian & Sankiewicz)

    Docket Entries
    DateTypeDescriptionPending?Document
    04/09/2019Filing FeeAppeal Filing Fee Waived. State/County/Municipality. (SC)
    04/09/2019Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)19-15377
    04/09/2019Notice/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. (SC)19-15379
    04/11/2019Filing FeeFiling Fee due for Appeal. Filing fee will be forwarded by the District Court. (Appellant Am. Gaming Ass'n) (SC)
    04/11/2019Notice of Appeal DocumentsFiled Notice of Appeal. (Docketing statement mailed to counsel for appellant.) (Appellant Am. Gaming Ass'n) (SC)19-15794
    04/12/2019Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Stephen E. Haberfeld. (SC).19-16193
    04/15/2019Filing FeeFiling Fee Paid. $250.00 from McDonald Carano. Check no. 28190. (Appellant American Gaming Ass'n) (SC)
    04/19/2019Filing FeeFiling Fee due for Cross-Appeal. Filing fee will be forwarded by the District Court. (SC)
    04/19/2019Notice of Appeal DocumentsFiled Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) (SC)19-17315
    04/22/2019Filing FeeFiling Fee Paid. $250.00 from Nersesian & Sankiewicz. Check no. 4176. (Cross-Appeal) (SC)
    04/26/2019Docketing StatementFiled Respondent/Cross-Appellant's Docketing Statement Civil Appeals. (SC)19-18512
    04/30/2019Docketing StatementFiled Appellant/Cross-Respondents' Nevada Gaming Control Board and James Taylor's Docketing Statement Civil Appeals. (SC)19-18899
    04/30/2019Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge.19-18965
    05/01/2019Other Incoming DocumentFiled Other Certificate of Service19-19016
    05/01/2019Notice/IncomingFiled Appellant/Cross-Respondents' Nevada Gaming Control Board and James Taylor's Certificate of Service (Settlement Judge). (SC)19-19016
    05/02/2019Docketing StatementFiled Appellant/Cross-Respondent's Docketing Statement Civil Appeals. (SC).19-19432
    05/06/2019Settlement Program ReportFiled ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. (SC).19-19781
    05/08/2019Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated For Appeal and Cross-Appeal. The appeal and cross-appeal are removed from the settlement program. Appellants/Cross-Respondents and Respondent/Cross-Appellant: 14 days transcript request; Appellants/Cross-Respondents: 90 days opening brief and appendix. Respondent/Cross-Appellant: 30 days from opening brief to file combined answering brief on appeal and opening brief on cross-appeal. Appellants/Cross-Respondents: 30 days from that combined brief to file combined reply brief on appeal and answering brief on cross-appeal. Respondent/Cross-Appellant: 14 days from that combined brief to file reply brief on cross-appeal. (SC).19-20111
    05/22/2019Transcript RequestFiled Appellant/Cross-Respondent Nevada Gaming Control Board's Request for Transcript of Proceedings. Transcripts requested: 12/20/18. To Court Reporter: Melissa Murphy-Delgado. (SC)19-22311
    06/26/2019Order/ProceduralFiled Order to Show Cause. Respondent/cross-appellant shall have 30 days from the date of this order to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellants/cross-respondents may file any reply within 14 days of respondent/cross-appellant's response. Briefing is suspended. (SC)19-27473
    07/26/2019MotionFiled Respondent/Cross-Appellant's Response to Order to Show Cause. (SC)19-31715
    08/09/2019MotionFiled Appellants/Cross-Respondents'' Response to Respondent/Cross-Appellant's Answer to the Order to Show Cause. (SC)19-33629
    09/06/2019Order/ProceduralFiled Order Dismissing Cross-Appeal. Accordingly, "this court orders the cross-appeal dismissed." Briefing of this appeal is reinstated. Appellants shall have 60 days from the date of this order to file and serve their opening briefs. SNP19-JH/LS/AS. (SC).19-37324
    09/23/2019Notice/IncomingFiled Notice of Appearance (Heidi Parry Stern, Solicitor General as counsel for Appellants). (SC)19-39563
    11/04/2019BriefFiled Appellants' James Taylor and Nevada Gaming Control Board's Opening Brief. (SC)19-45133
    11/04/2019AppendixFiled Appellants' Appendix (James Taylor and Nevada Gaming Control Board). (SC)19-45134
    11/05/2019Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant American Gaming Association's Opening Brief and Appendix due: November 19, 2019. (SC).19-45322
    11/13/2019BriefFiled American Gaming Association's Joinder to Appellants James Taylor and Nevada Gaming Control Board's Opening Brief. (SC)19-46548
    12/13/2019AppendixFiled Respondent's Appendix. (SC).19-50719
    12/13/2019BriefFiled Respondent's Answering Brief. (SC).19-50722
    01/13/2020BriefFiled Appellants James Taylor and Nevada Gaming Control Board's Reply Brief. (SC)20-01463
    01/13/2020BriefFiled American Gaming Association's Joinder to Appellants James Taylor and Nevada Gaming Control Board's Reply Brief. (SC)20-01564
    01/14/2020Case Status UpdateBriefing Completed/To Screening. (SC)
    05/14/2020Order/ProceduralFiled Order Submitting For Decision Without Oral Argument. (SC).20-18416
    07/30/2020Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before: Gibbons/Stiglich/Silver. Author: Stiglich, J. Majority: Stiglich/Gibbons/Silver. 136 Nev. Adv. Opn. No. 50. SNP20-MG/LS/AS. (SC).20-27735
    08/17/2020Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent's Petition for Rehearing Due: August 31,2020. (SC)20-30327
    08/31/2020Post-Judgment PetitionFiled Appellee's (Dr. Colon's) Petition for Rehearing (Respondent's). (SC)20-32083
    08/31/2020Filing FeeFiling fee paid. E-Payment $150.00 from Robert A. Nersesian. (SC)
    10/01/2020Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). (SC).20-36012
    10/14/2020Order/Clerk'sFiled Order Granting Telephonic Extension. Respondent shall have until October 29, 2020, to file and serve a petition for en banc reconsideration(SC)20-37756
    10/29/2020Post-Judgment PetitionFiled Appellee's (Respondent) (Dr. Colon's) Petition for En Banc Consideration. (SC)20-39737
    11/20/2020Order/ProceduralFiled Order Directing Answer to Petition for En Banc Reconsideration. Answer due: 14 days. (SC)20-42458
    12/04/2020Post-Judgment PetitionFiled Appellants James Taylor and Nevada Gaming Control Board's Answer to Respondent's Petition for En Banc Reconsideration. (SC)20-43921
    12/04/2020Notice/IncomingFiled American Gaming Association's Joinder to Appellants James Taylor and Nevada Gaming Control Board's Answer to Respondent's Petition for En Banc Reconsideration. (SC)20-44008
    12/31/2020Order/ProceduralFiled Order Amending Opinion. The amended opinion, which replaces the opinion filed on July 30, is being filed concurrently with this order. (SC).20-47009
    12/31/2020Opinion/DispositionalFiled Authored Amended Opinion. "Reversed and remanded." Before: Gibbons/Stiglich/Silver. Author: Stiglich, J. Majority: Stiglich/Gibbons/Silver. 136 Nev. Adv. Opn. No. 50. SNP20-MG/LS/AS. (SC).20-47011
    01/15/2021MotionFiled Respondent's Motion to Allow Supplemental Briefing on Colon's Petition for En Banc Reconsideration or Alternatively, Motion for Instructions. (SC)21-01537
    01/15/2021MotionFiled Respondent's Motion to Strike Amended Decision by Three Member Panel. (SC)21-01546
    01/19/2021Post-Judgment PetitionFiled Appellee's (Dr. Colon's) Petition for Rehearing of Amended Decision. (SC)21-01607
    01/19/2021Filing FeeFiling fee paid. E-Payment $150.00 from Robert A. Nersesian. (SC)
    01/22/2021MotionFiled Appellants James Taylor and Nevada Gaming Control Board's Opposition to Respondents' Motion to Allow Supplemental Briefing on Colon's Petition for En Banc Reconsideration or Alternatively, Motion for Instructions. (SC)21-02036
    01/22/2021MotionFiled Appellants James Taylor and Nevada Gaming Control Board's Opposition to Respondent's Motion to Strike Amended Decision by Three Member Panel. (SC)21-02037
    01/22/2021Notice/IncomingFiled American Gaming Association's Joinder to Appellants James Taylor and Nevada Gaming Control Board's Opposition to Respondent's Motion to Allow Supplemental Briefing on Colon's Petition for En Banc Reconsideration or Alternatively, Motion for Instructions. (SC)21-02083
    01/22/2021Notice/IncomingFiled American Gaming Association's Joinder to Appellants James Taylor and Nevada Gaming Control Board's Opposition to Respondent's Motion to Strike Amended Decision by Three Member Panel. (SC)21-02085
    01/28/2021MotionFiled Respondent's Reply to Appellants James Taylor and Nevada Gaming Control Board's Opposition to Respondent's Motion to Allow Supplemental Briefing on Colon's Petition for En Banc Consideration or Alternatively, Motion for Instructions. (SC)21-02729
    01/28/2021MotionFiled Respondent's Reply to Appellants James Taylor and Nevada Gaming Control Board's Opposition to Respondent's Motion to Strike Amended Decision. (SC)21-02734
    02/04/2021Post-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." fn1[We deny respondent's motion to allow supplemental briefing on the petition for en banc reconsideration or alternatively, motion for instructions and motion to strike amended decision by three-member panel filed on January 15, 2021. Respondent's petition for rehearing of the amended opinion filed on December 31, 2020, will be considered in the ordinary course.] EN BANC (SC)21-03419
    02/25/2021Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). fn1[The Honorable Mark Gibbons, did not participate in the decision of this matter due to his retirement January 4, 2021.] (SC)21-05582
    03/10/2021Order/Clerk'sFiled Order Granting Telephonic Extension. Respondent's Petition for En Banc Reconsideration due: March 25, 2021. (SC)21-06993
    03/25/2021Post-Judgment PetitionFiled Appellee's (Dr. Colon's) Petition for En Banc Reconsideration of the Panel's Amended Opinion. (SC)21-08633
    04/05/2021Order/ProceduralFiled Order Directing Answer to Petition for En Banc Reconsideration. Answer due: 14 days. (SC)21-09778
    04/19/2021Post-Judgment PetitionFiled Appellants' (James Taylor and Nevada Gaming Control Board's) Answer to Petition for En Banc Reconsideration of the Panel's Amended Opinion. (SC)21-11185
    04/19/2021Notice/IncomingFiled American Gaming Association's Joinder to Appellants James Taylor and Nevada Gaming Control Board's Answer to Respondent's Petition for En Banc Reconsideration of the Panel's Amended Opinion. (SC)21-11237
    05/06/2021Post-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." EN BANC. (SC)21-12994
    06/01/2021RemittiturIssued Remittitur. (SC)21-15485
    06/01/2021Case Status UpdateRemittitur Issued/Case Closed. (SC)
    06/18/2021RemittiturFiled Remittitur. Received by District Court Clerk on June 3, 2021. (SC)21-15485

Document Info

Docket Number: 78517

Filed Date: 12/31/2020

Precedential Status: Precedential

Modified Date: 12/9/2021