Puente v. Dave & Buster'S Of Nev., Inc. ( 2022 )

82554: Case View

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Cases Participant Search 22-26316: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 82554 Short Caption: PUENTE VS. DAVE & BUSTER'S OF NEV., INC. Court: Supreme Court Lower Court Case(s): Clark Co. - Eighth Judicial District - A813787 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Disposition Filed/Case Closed Replacement: Panel Assigned: Panel To SP/Judge: 03/10/2021 / Kohl, James SP Status: Completed Oral Argument: Oral Argument Location: Submission Date: 04/21/2022 How Submitted: On Briefs + Party Information Role Party Name Represented By Amicus Curiae Nevada Tavern Association Carolyn Tanner (Tanner Law & Strategy Group, Ltd.) Appellant Damaso S. Puente Thomas Christensen (Christensen Law Offices, LLC) Appellant Daniel Malone Thomas Christensen (Christensen Law Offices, LLC) Appellant Diane Malone Thomas Christensen (Christensen Law Offices, LLC) Appellant Estate of Christa Puente Thomas Christensen (Christensen Law Offices, LLC) Appellant Estate of Damaso I. Puente Thomas Christensen (Christensen Law Offices, LLC) Appellant Maria Puente Thomas Christensen (Christensen Law Offices, LLC) Respondent Dave & Buster's of Nevada, Inc. Michael P. Lowry (Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas) Virginia T. Tomova (Former) (Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas) Docket Entries Date Type Description Pending? Document 02/26/2021 Filing Fee Filing Fee due for Appeal. (SC) 02/26/2021 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC) 21-05750 02/26/2021 Notice/Outgoing Issued 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) 21-05752 03/03/2021 Filing Fee Filing Fee due for Cross-Appeal. (SC) 03/03/2021 Notice of Appeal Documents Filed Notice of Cross-Appeal. (SC) 21-06221 03/03/2021 Notice/Outgoing Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (Cross-Appeal) (SC) 21-06223 03/03/2021 Filing Fee E-Payment $250.00 from Michael P. Lowry. (Cross-Appeal) (SC) 03/03/2021 Docketing Statement Filed Respondent/Cross- Appellant's Civil Docketing Statement. (SC) 21-06237 03/05/2021 Filing Fee E-Payment $250.00 from Thomas Christensen (Appellants/Cross-Respondents). (SC) 03/05/2021 Notice/Outgoing Issued 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 - due: 21 days. (SC) 21-06498 03/10/2021 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: James A. Kohl. (SC) 21-07031 03/29/2021 Notice/Outgoing Issued Notice to File Docketing Statement. Due date: 10 days. (SC) 21-08944 03/30/2021 Notice/Incoming Filed Appellant/Cross-Respondents' Notice Pursuant to NRAP 44. (SC) 21-09147 03/30/2021 Docketing Statement Filed Appellant/Cross-Respondents' Civil Docketing Statement. (SC) 21-09149 04/07/2021 Order/Clerk's Filed Certification. The clerk of the Nevada Supreme Court certifies to the Honorable Aaron D. Ford, Attorney General of the State of Nevada, that on March 30, 2021, appellant filed with the Supreme Court a notice that this appeal draws into question the constitutionality of NRS 41.1305(1). See NRAP 44. (SC) 21-09958 04/12/2021 Settlement Program Report Filed ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation and should be removed from the settlement program. (SC) 21-10558 04/13/2021 Settlement Order/Procedural Filed Order Removing From Settlement Program/Briefing Reinstated. This appeal is removed from the settlement program. Appellant(s) and Respondent(s): 14 days transcript request; Appellant(s): 90 days opening brief and appendix. Respondent(s): 30 days from opening brief to file combined answering brief on appeal and opening brief on cross-appeal. Appellant(s): 30 days from that combined brief to file combined reply brief on appeal and answering brief on cross-appeal. Respondent(s): 14 days from that combined brief to file reply brief on cross-appeal. (SC) 21-10615 04/27/2021 Transcript Request Filed Appellants/Cross-Respondents' Request for Transcript of Proceedings. Transcripts requested: 07/01/20, 09/16/20 and 01/12/21. To Court Reporter: None listed. (SC) 21-12040 05/04/2021 Order/Procedural Filed Order to Show Cause. Respondent/cross-appellant's shall have 30 days from the date of this order within which to show cause why this ceros-appeal should not be dismissed for lack of jurisdiction. Appellants/cross-respondents may file any reply within 14 days from the date that respondent/cross-appellants' response is served. Briefing is suspended. (SC) 21-12743 05/06/2021 Motion Filed Respondent/Cross-Appellant's Response to Order to Show Cause. (SC) 21-12981 05/14/2021 Order/Procedural Filed Order Dismissing Cross-Appeal and Reinstating Briefing. The cross-appeal is dismissed. The clerk of this court shall modify the caption on this court's docket consistent with the caption appearing on this order. The briefing schedule is reinstated as follows. Appellants' opening brief and appendix remain due by July 12, 2021. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). (SC) 21-13918 07/07/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellants/cross-respondents' opening brief and appendix due: July 26, 2021. (SC) 21-19409 07/19/2021 Motion Filed Stipulation for Extension of Time to File Opening Brief and Appendix. (SC) 21-20751 08/02/2021 Order/Procedural Filed Order. The parties have filed a stipulation for a second extension of time for appellants to file the opening brief. The stipulation is disapproved. Appellants shall have 7 days from the date of this order to file and serve the opening brief and appendix. (SC) 21-22264 08/06/2021 Motion Filed Appellants' Motion to Extend Time to File Opening Brief and Appendix. (SC) 21-22868 08/09/2021 Brief Filed Appellants' Opening Brief. (SC) 21-23158 08/09/2021 Appendix Filed Appendix to Appellants' Opening Brief - Volume 1. (SC) 21-23159 08/09/2021 Appendix Filed Appendix to Appellants' Opening Brief - Volume 2 (Part 1 of 2). (SC) 21-23160 08/09/2021 Appendix Filed Appendix to Appellants' Opening Brief - Volume 2 (Part 2 of 2). (SC) 21-23161 08/09/2021 Appendix Filed Appendix to Appellants' Opening Brief - Volume 3. (SC) 21-23162 08/10/2021 Order/Procedural Filed Order. Appellants timely filed the opening brief and appendix on August 9, 2021. This court takes no action in regard to appellants' motion for an extension of time filed on August 6, 2021. Respondent shall have until September 8, 2021, to file and serve the answering brief. (SC) 21-23204 09/08/2021 Brief Filed Respondent's Answering Brief. (SC) 21-26019 09/15/2021 Motion Filed Motion for Leave to File Amicus Brief of Nevada Tavern Association In Support of Respondent's Answering Brief. (AMICUS BRIEF DETACHED AND FILED SEPARATELY). (SC) 21-26677 09/28/2021 Order/Procedural Filed Order Granting Motion. Proposed amicus Nevada Tavern Association (NTA) has filed a motion for leave to file an amicus brief in support of respondent's answering brief. The motion is granted. The clerk of this court shall detach the proposed amicus brief from the motion and shall file it separately. (SC) 21-27861 09/28/2021 Brief Filed Amicus Brief of Nevada Tavern Association in Support of Respondent's Answering Brief. (SC) 21-27863 10/07/2021 Motion Filed Stipulation for Extension to File Reply Brief. (SC) 21-28776 10/07/2021 Notice/Outgoing Issued Notice Motion/Stipulation Approved for Reply Brief. Due date November 8, 2021. (SC) 21-28783 11/08/2021 Motion Filed Appellants' Motion to Extend Time to file Reply Brief. (SC) 21-32052 11/08/2021 Notice/Outgoing Issued Notice to Provide Proof of Service. Due date: 7 days. (SC) 21-32058 11/08/2021 Notice/Incoming Filed Appellants' Proof of Service for Motion to Extend Time. (SC) 21-32093 11/09/2021 Order/Procedural Filed Order Granting Motion. Appellants shall have until November 22, 2021, to file and serve the reply brief. (SC) 21-32183 11/24/2021 Notice/Incoming Filed Respondent's Notice of Removal of Attorney Virginia T. Tomova. (SC) 21-33775 12/03/2021 Brief Filed Appellants' Reply Brief. (REJECTED PER NOTICE FILED ON 12/6/21) (SC) 12/06/2021 Notice/Outgoing Issued Notice of Rejection of Filed Document/Reply Brief. (SC) 21-34645 12/06/2021 Motion Filed Appellant's Motion to Extend Time to File Reply Brief. (SC) 21-34682 12/09/2021 Order/Procedural Filed Order Granting Motion. Appellants shall have 7 days from the date of this order to file and serve the reply brief. (SC) 21-35085 12/10/2021 Brief Filed Appellants' Reply Brief. (SC) 21-35184 12/10/2021 Case Status Update Briefing Completed/To Screening. (SC) 04/21/2022 Order/Procedural Filed Order Submitting for Decision Without Oral Argument. (SC) 22-12697 07/22/2022 Notice/Incoming Filed Appellants' Notice of Pending Settlement. (SC) 22-23116 07/29/2022 Order/Procedural Filed Order. Appellant has filed notice informing this court that the parties have reached a settlement that will result in the resolution of this appeal. Motion or stipulation to dismiss due: August 22, 2022. (SC) 22-23869 08/22/2022 Motion Filed Stipulation to Dismiss Appeal. (SC) 22-26199 08/23/2022 Order/Dispositional Filed Order/Stipulated Dismissal. Pursuant to the stipulation of the parties, and cause appearing, this appeal is dismissed. The parties shall bear their own costs and attorney fees. Case Closed/No Remittitur Issued. (SC) 22-26316 Combined Case View