| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 07/17/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Greenman Goldberg Raby & Martinez--check no. 53568. | | |
| 07/17/2003 | Notice of Appeal Documents | Filed 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.) | | 03-12109
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| 07/21/2003 | Motion | Filed Motion to Dismiss Appeal. Respondent, Mark R. Laussade, M.D.'s Motion to Dismiss Appeal. | | 03-12268
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| 07/25/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Jay Earl Smith. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 07/25/2003 | Notice/Incoming | Filed Joinder. Respondent Radiology Specialists, Ltd.'s Joinder to Respondent Mark R. Laussade, M.D.'s Motion to Dismiss Appeal. | | 03-12627
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| 08/01/2003 | Motion | Filed Response to Motion. Appellant's Opposition to Respondent Mark R. Laussade, M.D.'s Motion to Dismiss Appeal. | | 03-12969
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| 08/01/2003 | Order/Procedural | Filed Order Resolving Motion or Stipulation. Respondent Laussade has filed a motion requesting this court to dismiss this appeal for lack of jurisdiction. Respondent Radiology Specialists has filed a "Joinder" to the motion to dismiss. We deny Laussade's motion and will take no action with respect to Radiology Specialists' "Joinder." This denial is without prejudice to respondents' right to renew the motion, if necessary, upon completion of settlement proceedings. | | 03-13019
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| 08/04/2003 | Docketing Statement | Filed Docketing Statement. | | 03-13060
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| 08/04/2003 | Notice/Incoming | Filed Joinder. Respondent, Dennis C. Lemon, M.D.'s Joinder to Respondent, Mark R. Laussade, M.D.'s Motion to Dismiss Appeal. | | 03-13096
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| 08/06/2003 | Settlement Program Report | Filed Interim Settlement Program Report. Settlement Judge recommends that this appeal be removed from the settlement conference program for purposes of jurisdictional review. | | 03-13199
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| 08/06/2003 | Motion | Filed Motion for Permission to File Document. Respondent, Mark R. Laussade, M.D.'s Motion for Permission to File Reply Brief in Support of Motion to Dismiss Appeal.
02/03/05 order-fn6: detached the proposed reply from the motion and returned the proposed reply unfiled. | | 03-13209
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| 12/22/2003 | Order/Procedural | Filed Order. Removing Appeal from Settlement Program and Directing Appellant to Show Cause. Pursuant to the written request of the settlement judge and good cause appearing, this appeal is removed from the settlement conference program. fn1[We vacate our August 1, 2003, order denying respondent Mark R. Laussade, M.D.'s ('Laussade') motion to dismiss. However, we defer ruling on that motion pending the parties' responses to this order. We also defer ruling on Laussade's August 6, 2003, motion for leave to file a reply the opposition to the motion to dismiss.] If this court determines that jurisdiction is proper, settlement conference proceedings pursuant to NRAP 16 shall resume. Appellants shall have 30 days from the date of this order to show cause why this appeal should not be dismissed for lack of jurisdiction. Respondents shall have 20 days from service of appellants' response to file their replies. Briefing of this appeal and compliance with NRAP 9 remain suspended until further order of this court. | | 03-21206
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| 01/20/2004 | Motion | Filed Motion to Extend Time. Appellant's Motion for Extension of the Time to Respond to the Order Removing Appeal from Settlement Program and Directing Appellant to Show Cause. | | 04-01122
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| 01/23/2004 | Notice/Incoming | Filed Notice. Notice of Change of Firm of Record. Radiology Specialists, Ltd. will be respresented by the law firm of Lewis, Brisbois, Bisgaard & Smith. | | 04-01431
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| 01/23/2004 | Notice/Incoming | Filed Affidavit. Affidavit of R. Travis Jameson, Esq. in Support of Appellants' Motion for Extension of Time to Respond to the Order Removing Appeal from Settlement Program and Directing Appellant to Show Cause. | | 04-01437
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| 06/14/2004 | Letter/Incoming | Filed Letter. from Sherman B. Mayor requesting that Dr. Laussade be removed as a party in this matter.
06/23/04 Order: no action will be taken with respect to this letter. | | 04-10912
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| 06/23/2004 | Order/Procedural | Filed Order Granting Motion. Counsel for respondent Mark R. Laussade, M.D. ('Laussade') has filed a letter with this court indicating that Laussade 'has been dismissed, with prejudice, by voluntary stipulation' and thus Laussade 'should no longer be considered part of the pending appeal of this matter.' We note that a request for relief should be submitted by formal motion and not by a letter. Accordingly, no action will be taken with respect to the letter. We note, however, that the parties may file an appropriate motion or stipulation to dismiss this appeal as to respondent Laussade. fn1[Resolution of Laussade's pending motions is deferred pending further order of this court.] Appellants have moved for an extension of time to file a response. Cause appearing, we grant appellants' motion. The clerk of this court shall file the response received on February 2, 2003. Briefing and compliance with NRAP 9(a) remains suspended until further order of this court. | | 04-11389
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| 06/23/2004 | Motion | Filed Response to Order to Show Cause. Response to the Order Removing Appeal from Settlement Program and Directing Appellant to Show Cause. | | 04-02097
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| 07/09/2004 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss Appeal as to Mark R. Laussage, M.D. (only). | | 04-12546
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| 02/03/2005 | Order/Procedural | Filed Order. Resolving Motions and Allowing Appeal to Proceed. On July 21, 2003, respondents moved to dismiss this appeal for lack of jurisdiction because appellants' claims were not dismissed with prejudice. Appellants filed an opposition. In December 2003, this court deferred ruling on the motion and ordered appellants to show cause why this appeal should not be dismissed because claims remained pending below and the district court's dismissal order was not certified as final under NRCP 54(b). In response, appellants obtained an order on January 28, 2004, certifying the dismissal order as final. As the documents before this court do not indicate 'a gross abuse of discretion' in certifying respondents' dismissal, we conclude that NRCP 54(b) certification was appropriate and vested jurisdiction in this court. As for the argument that this appeal is jurisdictionally defective because the district court did not dismiss with prejudice, we conclude that the argument lacks merit. This court has routinely exercised jurisdiction over appeals involving 'without prejudice' dismissals. Accordingly, we deny respondents' July 21, 2003 motion to dismiss. fn6[We deny Dr. Laussade's August 6, 2003 motion for leave to file a reply, because the proposed reply merely argues the merits of the appeal. The clerk of this court shall detach the proposed reply from the motion and return the proposed reply unfiled.] Also before the court is Dr. Laussade's July 9, 2004 motion to dismiss this appeal as to Dr. Laussade based on the district court's stipulated 'with prejudice' dismissal of appellants' claims against Dr. Laussade in June 2004. Because the NRCP 54(b) certification divested the district court of jurisdiction over appellants' claims against Dr. Laussade, Dr. Lemon and Radiology Specialists, the district court had no power to act on the parties' stipulation and dismiss with prejudice appellants' claims against Dr. Laussade. Consequently, we deny the July 9, 2004 motion to dismiss. Appellants shall have fifteen days from the date of this order within which to comply with NRAP 9(a) regarding transcript requests. Appellants shall have seventy-five days from the date of this order within which to file and serve the opening brief and appendix. Thereafter, briefing shall proceed under NRAP 31(a)(1). | | 05-02184
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| 02/03/2005 | Notice/Outgoing | Issued Letter. to attorney Sherman B. Mayor. Detached from the Motion filed August 6, 2003 and returned unfiled, the original "Proposed Respondent, Mark R. Laussade, M.D.'s Reply Points and Authorities in Support of Motion to Dismiss Appeal." | | |
| 02/22/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 05/28/03. To Court Reporter: Shirlee Prawalsky. | | 05-03494
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| 02/25/2005 | Motion | Filed Stipulation/Dismiss Appeal. Stipulation to Dismiss Mark R. Laussage, M.D. Only, with Prejudice. | | 05-03783
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| 03/28/2005 | Order/Clerk's | Filed Clerk's Order. Partially Dismissing Appeal. Pursuant to the stipulation of appellants and respondent Mark R. Laussade, M.D., (Laussade), and cause appearing, this appeal is dismissed with respect to respondent Laussade. The clerk shall remove 'Mark R. Laussade, M.D.' as a respondent in the caption of this appeal. Appellants and respondent Laussade shall bear their own costs and attorney fees. NRAP 42(b). | | 05-05940
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| 04/12/2005 | Notice/Incoming | Filed Proof of Service. of May 28, 2003 Transcript. | | 05-07122
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| 04/21/2005 | Brief | Filed Opening Brief. | | 05-07842
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| 04/21/2005 | Appendix | Filed Appendix to Opening Brief. Volumes 1 through 3. | | 05-07843
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| 05/17/2005 | Brief | Filed Answering Brief. (Radiology Specialists) | | 05-09605
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| 05/24/2005 | Motion | Filed Stipulation and Order. (Respondent Lemon). Brief due: June 6, 2005. | | 05-10219
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| 06/07/2005 | Brief | Filed Answering Brief. Dennis C. Lemon's Answering Brief. | | 05-11133
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| 06/17/2005 | Brief | Filed Reply Brief. | | 05-12019
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| 07/06/2005 | Order/Procedural | Order. To date, Ms. Prawalsky has not filed the May 28, 2003, transcript in this court. On April 12, 2005, appellants filed a certificate of mailing in which they indicate that they served copies of the May 28, 2003, transcript on the other parties to this appeal. Therefore, it appears that the May 28, 2003, transcript has been prepared. However, Ms. Prawalsky is obligated to file a certified copy of the transcript in this court. NRAP 9(b). Ms. Prawalsky shall have 10 days from the date of this order to file a certified copy of the May 28, 2003, transcript in this court. | | 05-13405
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| 07/13/2005 | Transcript | Filed Transcript. Proceedings: May 28, 2003. Court Reporter: Shirlee Prawalsky. | | 05-13941
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| 12/19/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on February 8, 2006, at 11:30 a.m. (SNP06-WM/MG/JH) | | |
| 01/23/2006 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 02/08/2006 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH | | |
| 02/10/2006 | Other | Disqualification of Justice Parraguirre. Sat in district court proceedings. | | |
| 05/17/2006 | Order/Dispositional | Filed Dispositional Order/Appeal. 'ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.' SNP06-WM/MG/JH | | 06-10320
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| 06/13/2006 | Remittitur | Issued Remittitur. | | 06-10580
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| 06/13/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 06/22/2006 | Remittitur | Filed Remittitur. Received by County Clerk on June 15, 2006. | | 06-10580
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