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United States Court Cases

Nevada Supreme/Appellate Court Record

SUNRISE HOSPITAL VS. WILLIAMS C/W 41637

Case Information: 42023
Short Caption:SUNRISE HOSPITAL VS. WILLIAMS C/W 41637Court:Supreme Court
Consolidated: 41637 *, 42023Related Case(s): 41637
Lower Court Case(s):Clark Co. - Eighth Judicial District - A432306Classification:Civil Appeal - General - Other
Disqualifications:Gibbons, ParraguirreCase Status:Disposition Filed/Case Closed
Replacement:Justice Becker for Justice GibbonsPanel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:01/10/2005 at 10:30 AMOral Argument Location:Las Vegas Office
Submission Date:01/10/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/11/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Earley Savage--check no. 31721.
09/11/2003Notice 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.) 03-15229
09/15/2003Notice/OutgoingIssued Notice of Modification of Caption. (Deleted Saleha Biag, M.D., as an appellant.) Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties.
09/16/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Dennett & Winspear, LLP--check no. 2251.
09/16/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (Docketing statement mailed to counsel for appellant.) 03-15438
09/17/2003Notice/OutgoingIssued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days.
10/03/2003Order/ProceduralFiled Order. Reinstating Briefing and Consolidating Appeals. These appeals arise from the same district court case and involve the same parties. We consolidate these appeals for all appellate purposes. The settlement judge has filed a report with this court indicating that the parties were unable to agree to a settlement in Docket No. 41637. Accordingly, Docket No. 42023 will not be assigned to the settlement program, and we set forth the deadlines for requesting transcripts and filing briefs in these consolidated appeals below. Each appellant shall have 15 days from the date of this order to comply with NRAP 9(a). We set forth the following parallel briefing schedules. Appellant in Docket No. 41637 and appellants in Docket No. 42023 shall each have 120 days from the date of this order to file and serve an opening brief and appendix. Thereafter, briefing in each appeal shall proceed in accordance with NRAP 31(a)(1). Nos. 41637/42023. (03-16460)
10/03/2003Docketing StatementFiled Docketing Statement. (Sunrise Hospital). Nos. 41637/42023 (03-16533).
10/03/2003Docketing StatementFiled Docketing Statement. (Baig). Nos. 41637/42023 (03-16535).
10/09/2003MotionFiled Motion. Motion to Expedite Appeal. Nos. 41637/42023 (03-16836).
10/20/2003MotionFiled Motion to Extend Time. Nos. 41637/42023 [03-17415]
10/22/2003Transcript RequestFiled Certificate of No Transcript Request. (Sunrise Hospital). Nos. 41637/42023 (03-17608).
10/27/2003Transcript RequestFiled Request for Transcript of Proceedings. (Williams). Transcripts requested: 05/06/03, 05/07/03, 05/08/03, 05/09/03 (2), 05/12/03 and 05/13/03. To Court Reporter: Norma Jean Silverman. Nos. 41637/42023 (03-17905).
11/03/2003MotionFiled Response to Motion. Respondent/Appellant Sunrise Hospital's Opposition to Appellant/Respondent's Motion to Extend Time to Obtain Transcript Per NRAP 9(a). Nos. 41637/42023 (03-18270).
11/05/2003Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), "Respondent/Appellant, Jillean Williams, et. al's Reply in Support of Motion to Extend Time to Obtain Transcript and for Sanctions." Nos. 41637/42023
11/06/2003Transcript RequestFiled Certificate of No Transcript Request. Respondent /Appellant Salaha Baig, M.D.'s Transcript Request pursuant to NRAP 9(A). Nos. 41637/42023 [03-18527]
11/06/2003Notice/IncomingFiled Joinder. in Respondent/Appellant Sunrise Hospital and Medical Center's Opposition to Appellant/Respondent's Motion to Extend Time to Obtain Transcript per NRAP 9(a). Nos. 41637/42023 [03-18528]
11/10/2003MotionFiled Motion for Permission to File Document. Motion for Leave of Court to File Reply in Support of Motion to Extend Time to Obtain Transcript. Nos. 41637/42023 (03-18730).
12/01/2003Order/ProceduralFiled Order. On October 20, 2003, appellant in Docket No. 41637, ('Williams'), filed a motion for an extension of time to file and serve the transcript request form. Respondent in Docket No. 41637 and appellant in Docket No. 42023, ('Sunrise Hospital'), has filed an untimely opposition to the motion. Respondent in Docket No. 41637 and appellant in Docket No. 42023, ('Baig'), has filed a joinder to the untimely opposition. fn1[ We note that Baig untimely complied with NRAP 9(a) by filing a certificate of no transcript request on November 6, 2003.] Williams' transcript request form having been received and filed on October 27, 2003, we deny the motion as moot. We further deny Williams' motion for leave to file a reply to the opposition. The clerk of this court shall return, unfiled, the reply, attached as 'Exhibit 1' to the motion filed on November 10, 2003. fn2[We remind counsel that documents provisionally submitted to this court for filing should be submitted under separate cover and not attached to a motion as an exhibit.] Williams has also filed a motion to expedite these consolidated appeals. Cause appearing, we grant the unopposed motion. We amend the parallel briefing schedules as follows. Within 45 days from the date of this order: (1) Williams shall file and serve the opening brief and appendix in Docket No. 41637, and (2) Sunrise Hospital and Baig shall file and serve their opening briefs and appendices in Docket No. 42023. Within 30 days from service of the opening briefs: (1) Williams shall file and serve the answering brief in Docket No. 42023, and (2) Sunrise Hospital and Baig shall file and serve their answering briefs in Docket No. 41637. Within 20 days from service of the answering briefs: (1) Williams shall file and serve the reply brief in Docket No. 41637, if deemed necessary, and (2) Sunrise Hospital and Baig shall file and serve their reply briefs in Docket No. 42023, if deemed necessary. Upon completion of briefing, the clerk of this court shall expedite this appeal as this court's docket permits. Nos. 41637/42023. (03-19912)
12/01/2003Notice/OutgoingIssued Letter. to the law firm of Mayor, Horner & Stryker, Ltd. Returned unfiled, the original "Respondent/Appellant, Jillean Williams, Et. Al's Reply in Support Motion to Extend Time to Obtain Transcript and for Sanctions, received on November 10, 2003." Nos. 41637/42023.
12/29/2003TranscriptFiled Transcript. Proceedings: May 6, 2003 and May 9, 2003 (Partial Transcript) Court Reporter: Norma Jean Silverman. Nos. 41637/42023. (03-21569)
01/15/2004BriefFiled Opening Brief. Appellant Jillean Williams in 41637. Nos. 41637/42023 (04-00915).
01/15/2004AppendixFiled Appendix to Opening Brief. Appellant Jillean Williams in 41637. Nos. 41637/42023 (04-00916).
01/16/2004BriefFiled Opening Brief. Sunrise Hospital in 42023. Nos. 41637/42023 (04-00999).
01/16/2004AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. Sunrise Hospital in 42023. Nos. 41637/42023 (04-01000).
01/20/2004BriefFiled Opening Brief. Baig in 42023. Nos. 41637/42023 (04-01100).
01/20/2004AppendixFiled Appendix to Opening Brief. Baig in 42023. Nos. 41637/42023 (04-01101).
02/02/2004MotionFiled Motion to Strike. Jillean Williams' Motion to Strike Brief and Dismiss Appeal of Appellants/Respondents Saleha Baig, M.D. and Sunrise Hospital. [04-02039]
02/09/2004OtherDisqualification of Justice Gibbons. Sat in district court proceedings. Nos. 41637/42023.
02/09/2004MotionFiled Response to Motion. Respondent/Cross-Appellant's Sunrise Hospital's Opposition to Jillean Williams' Motion to Strike Brief and Dismiss Appeal of Appellant/ Respondent Sunrise Hospital. Nos. 41637/42023. (04-02525)
02/17/2004MotionFiled Motion. Appellants/Respondents' Motion for Leave to File a Reply in Support of their Motion to Dismiss and Strike Appeal. Nos. 41637/42023 (04-03001).
02/17/2004MotionFiled Motion to Extend Time. Appellant/Respondent Saleha Baig, M.D.'s Motion to Enlarge Time to File an Opposition to Appellant/Respondent Juillean Williams' Motion to Strike Brief and yo Dismss Appeal of Appellant/Respondent Seleha Baig, M.D.. Nos. 41637/42023 (04-03037).
02/17/2004MotionReceived Response to Motion. Opposition to Plaintiff's Motion to Strike Brief and Dismsis Appeal of Appellant Saleha Baig, M.D.. Nos. 41637/42023 (04-03038). 05/10/04 ORDER: RETURNED UNFILED. Nos. 41637/42023.
02/17/2004BriefFiled Answering Brief. Respondents', Jillean Williams, Individually and as Executrix of the Estate of Joseph Williams, Deceased, Answering Brief Regarding Sunrise Hospital's Costs and Fees. Nos. 41637/42023 (04-03040).
02/17/2004AppendixFiled Appendix to Answering Brief. Respondents', Jillean Williams, Individually and as Executrix of the Estate of Joseph Williams, Deceased, Answering Brief Regarding Sunrise Hospital's Costs and Fees, Appendix III. Nos. 41637/42023 (04-04041).
02/19/2004BriefFiled Answering Brief. Respondent Saleha Baig's Answering Brief in 41637. Nos. 41637/42023 (04-03253).
02/19/2004AppendixFiled Appendix to Answering Brief. Respondent Saleha Baig Appendix in 41637. Nos. 41637/42023 (04-03254).
02/19/2004MotionFiled Stipulation and Order. Respondent Sunrise Hospital in 41637. Brief due: February 20, 2004. Nos. 41637/42023 (04-03255).
02/20/2004BriefFiled Answering Brief. Sunsrise Hospital in 41637. Nos. 41637/42023 (04-03295).
02/20/2004AppendixFiled Appendix to Answering Brief. Sunsrise Hospital in 41637. Nos. 41637/42023 (04-03296).
02/23/2004Letter/IncomingFiled Letter. from attorney Cheryl Horner re: due date of answering brief. Nos. 41637/42023. [04-03369]
03/19/2004BriefFiled Reply Brief. Appellant Sunrise Hospital's Reply Brief in 42023. Nos. 41637/42023 (04-5243).
03/22/2004BriefFiled Reply Brief. Appellants' Jillean Williams, Individually and as Executrix of the Estate of Joseph Williams, Deceased, Reply in Support of Their Opening Brief on Apeal in 41637. Nos. 41637/42023 (04-05322).
03/22/2004AppendixFiled Appendix to Reply Brief. Appellants' Jillean Williams, Individually and as Executrix of the Estate of Joseph Williams, Deceased, Reply in Support of Their Opening Brief on Apeal in 41637. Nos. 41637/42023 (04-05323).
03/22/2004BriefFiled Answering Brief. Respondents' Jillean Williams, Individually and as Executrix of the Estate of Joseph Williams, Deceased, Answering Brief Regarding Saleh Baig, M.D.'s Costs and Fees in 42023. Nos. 41637/42023 (04-05325).
03/24/2004Notice/IncomingFiled Notice of Association of Counsel. Nos. 41637/42023 (04-05539).
04/19/2004BriefFiled Reply Brief. Appellant Saleha Baig's Reply Brief in 42023. Nos. 41637/42023 (04-07175).
04/19/2004AppendixFiled Appendix to Reply Brief. Appellant Saleha Baig's Appendix to Reply Brief in 42023. Nos. 41637/42023 (04-07176).
05/10/2004Order/ProceduralFiled Order. On January 16, 2004, and January 20, 2004, Sunrise and Baig timely filed their respective opening briefs. fn1[Both opening briefs were mailed to the clerk of this court for filing on January 15, 2004. See NRAP 25(1)(a).] Jillean Williams ('Williams') has moved to strike the opening briefs and dismiss the appeal in Docket No. 42023. Sunrise opposes the motion and requests attorney fees for having to file the opposition. As indicated, the opening briefs were filed timely. No good cause appearing, we deny the motion. fn2[We deny as moot Baig's motion for an extension of time to file an opposition to the motion. The clerk of this court shall return, unfiled, the opposition received on February 17, 2004.] We further deny Sunrise's request for attorney fees. fn3[We deny Williams' motion for leave to file a reply to Sunrise's opposition.] We note that Baig's opening brief was not accompanied by a certificate of compliance and proof of service that the brief was served on all parties. Baig shall have 10 days from the date of this order to transmit to this court the certificate of compliance for the opening brief and file proof of service of the opening brief. To date, several transcripts have not been prepared and filed with this court. fn4[Only the May 6, 2003, and May 9, 2003, transcripts have been filed with this court.] See NRAP 9(b). Our cursory review of the opening briefs indicates that they contain citations to the appendices only. We conclude that this court has all the transcripts necessary for the resolution of this appeal and that court reporter Norma Jean Silverman is not obligated to file with this court any other transcript for this appeal. Nos. 41637/42023. (04-08579)
05/10/2004Notice/OutgoingIssued Letter. to attorney Ryan L. Dennett. Returned unfiled, the original "Opposition to Plaintiff's Motion to Strike Brief and Dismiss appeal of Appellant Saleha Baig, M.D. received on February 17, 2004." Nos. 41637/42023.
07/28/2004Notice/IncomingFiled Substitution of Attorneys. Sunrise Hospital and Medical Center, L.L.C., d/b/a Sunrise Hospital and Medical Center, hereby substitutes the law firm of Dennett & Winspear, LLP in the place of Early Savage. Nos. 41637/42023 (04-13771).
09/27/2004Order/ProceduralFiled Order. to file Proof of Service and Certificate of Compliance. On May 10, 2004, this court entered an order that directed appellant Saleha Baig, M.D. ('Baig') to transmit to this court the certificate of compliance for the opening brief and file proof of service of the opening brief by May 20, 2004. To date, Baig has failed to comply with the court's order. Baig shall have 10 days from the date of this order to transmit and file the required documents. We caution Baig that failure to comply timely with this order may result in the imposition of sanctions. Nos. 41637/42023. (04-17831)
10/04/2004Notice/IncomingFiled Certificate of Compliance. Appellant Baig's Opening Brief in 42023. Nos. 41637/42023 (04-18347). Attached to inside back cover of Baig's Opening Brief.
10/04/2004Notice/IncomingFiled Proof of Service. of Appellant Baig's Opening Brief in 42023. Nos. 41637/42023 (04-18348). Attached to inside back cover of Baig's Opening Brief.
11/17/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 10, 2005, at 10:30 a.m. (SNP05-NB/RR/JH) (Nos. 41637/42023)
12/07/2004Notice/IncomingFiled Substitution of Attorneys. Sunrise Hospital and Medical Center, L.L.C., d/b/a Sunrise Hospital and Medical Center, hereby substitutes the law firm of Hall Prangle & Schoonveld, LLC in the place of Early Savage. Nos. 41637/42023. (04-22338)
12/23/2004Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 41637/42023)
12/30/2004OtherDisqualification of Justice Parraguirre. Sat in district court proceedings.
01/10/2005Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP05-NB/RR/JH. Nos. 41637/42023.
01/14/2005MotionFiled Motion. Motion for Leave of Court to File a Supplement to Opening Brief to Notify the Court of Sunrise Hospital's Misrepresentation during the Oral Argument of this Appeal. Nos. 41637/42023 [05-00854]
01/21/2005Order/ProceduralFiled Order. for Supplemental Briefing. Oral argument was heard in this case Monday, January 10, 2005. Appellant Williams has filed a motion for leave of the court to file a supplement to their opening brief. The court orders that the parties shall file supplemental briefs addressing the peer review process in question. Appellant is ordered to file their supplemental brief and any supplemental record as they deem necessary within 20 days, and respondent is permitted to answer such brief and amended record with briefing and additional record addressing the issue within 20 days of appellant's filing of their supplement. In light of the supplemental briefing, appellant William's motion for leave to file a supplement to their opening brief is denied as moot. Nos. 41637/42023. (05-01382)
02/09/2005MotionFiled Motion to Extend Time. Motion and Stipulation for Enlargement of Time to File Supplemental Brief. Nos. 41637/42023 [05-02625]
02/11/2005Order/ProceduralFiled Order. Granting Motion and Approving Stipulation. On January 21, 2005, this court directed the parties to file post-argument supplemental briefs. On February 9, 2005, the parties filed a joint motion and stipulation requesting extensions of time to file the supplemental briefs. Cause appearing, we grant the motion and approve the stipulation. Appellant shall have until February 24, 2005, to file and serve her supplemental brief. Respondents shall have until March 16, 2005, to file their responsive brief. Nos. 41637/42023. (05-02769)
02/28/2005MotionFiled Stipulation. Second Stipulation for Enlargement of Time to file Supplemental Briefs. Nos. 41637/42023. (05-03921)
03/03/2005Order/ProceduralFiled Order/Stipulation Approved. Appellant shall have until March 7, 2004 to file and serve her supplemental brief. Respondents shall have until March 17, 2005, to file their responsive brief. Nos. 41637/42023. (05-04149)
03/07/2005MotionFiled Stipulation/Dismiss Appeal. Stipulation for Dismissal of Appeals and Waiver of all Costs and Fees. Nos. 41637/42023 (05-04446).
03/17/2005Order/DispositionalFiled Order Dismissing Appeal. ". . .we approve the stipulation and dismiss these appeals." The parties shall bear their own costs and attorney fees. NRAP 42(b). Further, we vacate our order entered January 21, 2005, directing the parties to file post-argument supplemental briefs. SNP05-NB/RR/JH Nos. 41637/42023 05-05277
03/17/2005Case Status Update Case Closed. No remittitur issued.