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United States Court Cases

Nevada Supreme/Appellate Court Record

GROVER C. DILS MED. CTR. VS. MENDITTO

Case Information: 41732
Short Caption:GROVER C. DILS MED. CTR. VS. MENDITTOCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A452038Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:07/23/2003 / Trost, JanetSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:08/30/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/11/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Jill M. Lynne--check no. 3007.
07/11/2003Notice 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.) 03-11661
07/23/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Janet Trost. (Briefing and preparation of transcripts suspended pending further order of this court.)
07/29/2003Notice/IncomingFiled Notice of Appearance. Javier A. Arguello, Esq., of Santoro, Driggs, Walch, Kearney, Johnson & Thompson is appearing as attorney of record for Respondent, Olsten Health Servies. 03-12727
07/30/2003Notice/Outgoing Letter. Janet Trost. (Notice of Appearance of Counsel)
08/26/2003Order/ProceduralFiled Order. To date, appellant has failed to file the docketing statement. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. Failure to comply timely may result in the imposition of sanctions including dismissal of this appeal as abandoned. 03-14323
09/05/2003Other Returned Unfiled Document.
09/11/2003Docketing StatementFiled Docketing Statement. 03-15244
09/12/2003Notice/Outgoing Letter. Janet Trost. (docketing statement)
11/07/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-18676
11/24/2003Settlement 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: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 03-19561
01/05/2004Order/ProceduralFiled Order. to Comply with NRAP 9(a). We again direct appellant to file and serve either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall file the appropriate document within 10 days from the date of this order. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this appeal. See NRAP 9(a)(3). 04-00176
01/29/2004Transcript RequestFiled Certificate of No Transcript Request. 04-01889
03/23/2004BriefFiled Opening Brief. STRICKEN BY ORDER 03/25/04.
03/23/2004AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 04-05472
03/23/2004AppendixFiled Appendix. Appellant's Supplemental Appendix. 04-05473
03/25/2004Order/ProceduralFiled Order. Striking Opening Brief. Our review of appellant's opening brief indicates that it is procedurally deficient. Specifically, appellant has used a font size smaller than that permitted under the Nevada Rules of Appellate Procedure. Additionally, the brief was not accompanied by a certificate of service. Accordingly, the clerk shall strike appellant's opening brief. Appellant shall have 15 days from the date of this order to file and serve an amended opening brief that complies with the Nevada Rules of Appellate Procedure. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 04-05582
03/25/2004Other Other. Received Certificate of Mailing to Opening Brief Stricken on 03/25/04. Attached to inside back cover of stricken opening brief.
04/05/2004Letter/IncomingFiled Letter. --copy of letter from John T. Moran to David Spurlock, forwarding him a copy of this court's 3/25/04 order "since you are the attorney of record in this matter." 04-06267
04/09/2004MotionFiled Motion and Order/Excess Pages. Appellant's Motion for Leave to File a 44-Page Opening Brief. Granted: 44 pages. 04-06618
04/09/2004BriefFiled Opening Brief. Amended Opening Brief. 04-06619
04/12/2004Letter/IncomingFiled Letter. from attorney David T. Spurlock, Jr. stating that he is not counsel for Appellant. 04-06731
05/20/2004MotionFiled Motion to Extend Time. 04-09362
05/20/2004AppendixReceived Appendix to Answering Brief. 04-09364
05/25/2004Order/ProceduralFiled Order. Respondent Olsten Health Services has filed a motion for an extension of time to file its answering brief. Cause appearing, the motion is granted. NRAP 31(a)(1). The clerk shall file Olsten Health Services' answering brief and appendix received on May 20, 2004. To date, respondent Dale Menditto has failed to file his answering brief. Respondent Menditto shall, within 10 days from the date of this order, file and serve an answering brief or join in the answering brief filed by Olsten Health Services. See NRAP 28(i) and 31(c). Appellant may file a reply brief, if deemed necessary, within 30 days from service of Menditto's answering brief. NRAP 28(c). 04-09630
05/25/2004BriefFiled Answering Brief. Respondent Olsten Health Services Answering Brief. 04-09363
05/25/2004AppendixFiled Appendix to Answering Brief. 04-09364
06/07/2004MotionFiled Motion to Extend Time. 04-10513
06/07/2004BriefFiled Answering Brief. Menditto' Answering Brief. 04-10516
06/15/2004Order/Clerk'sFiled Clerk's Order. filed June 7, 2004. Ms. Menditto timely filed her answering brief on June 7, 2004. Accordingly, Ms. Menditto's motion for an extension of time filed on June 7, 2004, is denied as moot. fn1[Pursuant to the order entered May 25, 2004, appellant shall have 30 days from service of Ms. Menditto's answering brief to file and serve a single reply brief, if necessary.] 04-10953
07/06/2004BriefFiled Reply Brief. 04-12344
08/30/2004Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled in this appeal, and it shall stand submitted on the record and the briefs filed herein, as of the date of this order. fn1[NRAP 34(f).] 04-15688
08/30/2004Case Status Update Submitted for Decision.
06/09/2005Opinion/DispositionalFiled Per Curiam Opinion. "Reversed and remanded with instructions." Before Maupin/Douglas/Parraguirre. Author: Per Curiam. Majority: Douglas/Parraguirre. Concurrence: Maupin. 121 Nev. Adv. Opn. No. 29. NNP05 05-11325
07/06/2005RemittiturIssued Remittitur. 05-12694
07/06/2005Case Status Update Remittitur Issued/Case Closed.
07/22/2005RemittiturFiled Remittitur. Received by County Clerk on July 8, 2005. 05-12694
08/19/2005Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction on the original opinion: page 1 line 3 from the bottom of the page.