Tom Grover

Civil Litigation Attorney ** Las Vegas, Nevada

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In Nevada, Minute Orders are not part of the record and have no binding authority

December 16th, 2014 · Uncategorized

Right now, I’m responding to an Objection to a Report and Recommendation of the Discovery Commissioner.  Previously, I brought a motion for sanctions against the opposing party for not responding to discovery, including the fatal error of not responding to Requests for Admissions.  The Discovery Commissioner ruled in my favor, deemed the admissions admitted and granted a negative inference as to the Requests for Production of Documents and Interrogatories.    Basically, the case is now over as long as the Report and Recommendation is adopted by the Judge.

The opposing party’s Objection does not cite to the Report and Recommendation itself, or to a transcript of the hearing. Instead, the Objection relies entirely on the informal court minutes, kept by the clerk (also known as the clerk’s minute order).

Unfortunately for the opposing party, the Nevada Supreme Court has been clear that court minutes are not a part of the record and have no authority.  “The district court’s oral pronouncement from the bench, the clerk’s minute order, and even an unfiled written order are ineffective for any purpose and cannot be appealed.” Rust v. Clark County School Dist., 747 P. 2d 1380, 1382 (Nev. 1987). Emphasis added.

There are times where referencing the clerk’s minute order can be helpful and appropriate in motion work, but relying on the clerk’s minute order as the record is inappropriate.

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In Nevada, parties must participate in good faith in Arbitration in order to preserve their right to a trial de novo

December 15th, 2014 · Uncategorized

Nevada Arbitration Rule 22 requires that a party participate in the arbitration in “good faith” in order to preserve their right to a trial de novo: ” The failure of a party or an attorney to either prosecute or defend a case in good faith during the arbitration proceedings shall constitute a waiver of the right to a trial de novo.”

“… a federal court dealing with the issue of good faith participation in arbitration equated ‘good faith’ with ‘meaningful participation,’ and determined that if the parties did not participate in a meaningful manner, the purposes of mandatory arbitration would be compromised.” Casino Props., Inc. v. Andrews, 112 Nev. 132, 135 (Nev. 1996) quoting Gilling v. Eastern Airlines, Inc., 680 F. Supp. 169 (D. N.J. 1988).

In Casino Props, the Nevada Supreme Court ruled that the district court was correct in granting a Plaintiff’s Motion to Strike Request for trial de novo where the Defendant failed to defend the arbitration in good faith the Defendant failed to respond to discovery or defend in good faith. The underlying case in Casino Props involved security for the now-defunct Hacienda Hotel & Casino barging into a hotel room to demand payment from a guest whose credit card limit did not allow for the charges. The bill was eventually paid, however, the guests brought a claim against the hotel-casino and security for intrusion upon privacy and negligent infliction of emotional distress, among other claims. The Nevada Supreme Court found that the Defendant was not entitled to a trial de novo because it submitted it’s pre-arbitration statement the day before the arbitration and failed to respond to discovery.

Appellant impeded the arbitration proceedings by repeatedly failing to provide respondents with information in appellants’ security and employment manuals regarding lock-out procedures. The information was requested on March 18, 1993, and only on August 2, 1993, ten days before the arbitration hearing, did appellants inform respondents that such information on lock-out procedures did not exist in written form. Appellants had various opportunities to inform respondents that such information did not exist but failed to do so until it was too late for respondents to act on such information. The late date of appellants’ disclosure amounted to a lack of meaningful participation because it compromised respondents’ ability to depose the proper parties and form an adequate arbitration strategy.

Casino Props at 135.

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Jack Entratter, 1913-1971, Las Vegas History

December 15th, 2014 · Uncategorized

 

Screen Shot 2014-12-07 at 8.29.13 PMLeft to Right: Dean Martin, Frank Sinatra & Jack Entratter. Source: FindAGrave.com

 

Lodi-News Sentintal, Friday, March 12, 1971, Page 11:

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Earlier in his life Entratter apparently fought against nudity in Las Vegas shows.  From the Ocala Star-Banner, Ocala, Florida, Thursday, September 4, 1958:

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In 1966, when Frank Sinatra married Mia Farrow, the marriage was held in Entratter’s apartment where Entratter gave away the bride.  From the Kentucky New Era, July 13, 1966:

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8 News NOW

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ESPN Video: Hockey’s Infrastructure In Las Vegas

December 14th, 2014 · Uncategorized

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ESPN Video: Hockey’s Infrastructure In Las Vegas

December 14th, 2014 · Uncategorized

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KSL Video: Moore, Aggies rally to top UVU, 50-47 for 4th comeback win of year

December 14th, 2014 · Uncategorized

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Daily Show: America’s Got Torture

December 14th, 2014 · Uncategorized

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Nevada Courts will strictly construe indemnity agreements, will not infer terms

December 8th, 2014 · Uncategorized

In Nevada, unlike many other states, Courts will not intervene to blue pencil terms into an indemnity agreement.  For example, in California, all indemnity agreements are constrained by California Civil Code 2778, which, among other requirements, writes into every indemnity agreement a duty to defend regardless of the terms of the agreement.

In contrast to California, the Nevada Supreme Court has noted and held that, “since Nevada has not adopted an anti-indemnity statute, parties have great freedom in allocating indemnification responsibilities between one another.” Reyburn Lawn & Landscape Designers, Inc. v. Plaster Dev. Co., 255 P.3d 268, 274 (Nev. 2011). Nevada’s Legislature has elected to not intervene in the terms of indemnity agreements, unlike California.

In fact, in the absence of an anti-indemnity statute, the Nevada Supreme Court has made it clear that the terms of an indemnity agreement will be strictly construed:

Unlike an insurance agreement, which typically requires an insurer to defend all claims against the insured regardless of the claim’s merit, see Thibodaux v. Southern Natural Gas Co., 705 So. 2d 1287, 1289 (La. Ct. App. 1998), the duty to defend outlined in an indemnification provision is subject to strict construction of the contract language. Prince v. Pacific Gas & Elec. Co., 45 Cal. 4th 1151, 90 Cal. Rptr. 3d 732, 202 P.3d 1115, 1120 (Cal. 2009) (“In the context of noninsurance indemnity agreements, if a party seeks to be indemnified its own active negligence, or regardless of the indemnitor’s fault, the contractual language on the point must be particularly clear and explicit, and will be construed strictly against the indemnitee.” (internal quotations omitted)); Crawford, 187 P.3d at 430 (“Though indemnity agreements resemble liability insurance policies, rules for interpreting the two classes of contracts do differ significantly.”); Reyburn, 127 Nev. at , 255 P.3d at 277 (contrasting “an insurer’s duty to defend under an insurance policy” with “the duty to defend arising from an indemnity clause”).

United Rentals Highway Techs., Inc. v. Wells Cargo, Inc., 289 P.3d 221, 228-229 (Nev. . Further, the Nevada Supreme Court has held that when construing indemnity agreements, the Court must, “refus[e] to ‘attempt to increase the legal obligations of the parties where the parties intentionally limit[ ] such obligations.'” United Rentals at 227 quoting Griffin v. Old Republic Ins. Co., 122 Nev. 479, 483, 133 P.3d 251, 254 (2006) (quoting Senteney v. Fire Ins. Exchange, 101 Nev. 654, 656, 707 P.2d 1149, 1150-51 (1985)). When construing the terms of an indemnity agreement, the Court should construe against the indemnitee because, in non-insurance contexts, “it is the indemnitee who may often have superior bargaining power, and who may use this power unfairly to shift to another a disproportionate share of the financial consequences of its own legal fault.” United Rentals at 229. quoting Crawford v. Weather Shield Mfg., Inc., 187 P.3d 424, 430 (Cal. 2008). 

In taking the position that indemnity agreements must be strictly construed, the Nevada Supreme Court has held that, “unless specifically otherwise stated in the indemnity clause, an indemnitor’s duty to defend an indemnitee is limited to those claims directly attributed to the indemnitor’s scope of work and does not include defending against claims arising from the negligence of other subcontractors or the indemnitee’s own negligence.” Reyburn at 278.

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Lomo Saltado in Las Vegas at Lima Limon

December 7th, 2014 · Uncategorized

When I was a missionary on California’s North Coast, there was a woman in our congregation who often fed us amazing dishes from her native Peru. My favorite was a stir fry with beef, onions, tomatoes, various spices, french fries and rice. It also included a spicy green sauce. For years, I could not remember the name, but stumbled on the dish while digging around on Yelp! earlier this week.

Lomo Saltado. The sauce is called Ají sauce.

It’s apparently a Peruvian dish influenced by Chinese immigrants (hence the stir fry). I found a restaurant here in town that serves the dish, Lima Limon. (222 S Decatur Blvd, Las Vegas, NV 89107). My colleagues at work were nice enough to tag along for lunch when I invited them to give a Peruvian dish a shot.

lomo

The above picture was my plate of Lomo Saltado at Lima Limon. Unfortunately, the picture does not do the dish justice as to the quality or the generous portion. It was delicious! The ingredients were fresh, the Ají enhanced the flavor. I can’t wait to go back!

You can also make the dish at home. This recipe appears, in my opinion to be the best. There are a lot of recipes that don’t even mention the Ají, which is crucial to the dish.

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Meet Mike Riley

December 6th, 2014 · Uncategorized

 

I will admit skepticism of this hire, but I sincerely hope things work out. There is little question, though, that Coach Riley’s persona and style are in harmony with the ethos of Nebraska – the football team and the state. Having lived in Nebraska for three years, I can tell you that this is extremely important to Nebraskans, who want their team to win championships in a way that reflects Nebraska’s humble, friendly unassuming mid-western values. Just like Tom Osborne. This, of course, was a major part of the problem with Bo Pelini that is often overlooked by the national media in this change. Nebraskans grew tired and embarrassed of Coach Pelini’s explosive sideline tantrums, outbursts and meltdowns.

So those are your marching orders, Coach Mike Riley. Win Championships and do it with the dignity of Tom Osborne.

That’s no small task. Good luck, Coach! Go Big Red!

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