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United States Court Cases

Nevada Supreme/Appellate Court Record

MCGHAN VS. MEDICAL DEVICE ALLIANCE C/W 34586

Case Information: 35013
Short Caption:MCGHAN VS. MEDICAL DEVICE ALLIANCE C/W 34586Court:Supreme Court
Consolidated: 34586 *, 35013Related Case(s): 34586 , 35039 , 36012 , 36022 , 39294 , 40011
Lower Court Case(s):Clark Co. - Eighth Judicial District - A400852Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:10/29/1999 / Levitt, LansfordSP Status:Completed
Oral Argument:06/15/2000 at 11:30 AMOral Argument Location:Carson City
Submission Date:06/15/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/22/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Jones Vargas--check no. 5347.
10/22/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-10353
10/29/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
01/06/2000Order/ProceduralFiled Order/Consolidation. We consolidate these two appeals, Docket No. 34586 and Docket No. 35013. We also vacate the notice of settlement conference in each of these cases and remove these matters from the settlement conference program. Appellant shall have 15 days from the date of this order to comply with NRAP 9(a) and 45 days to file and serve the opening brief and appendix in these consolidated appeals. The respondents shall file and serve the answering brief within 20 days after service of the opening brief. The appellants' reply brief, if any, shall be served and filed within 10 days after service of the answering brief. An extension of this briefing schedule shall only be granted in extreme and unforeseeable circumstances warranting such an extension. Nos. 34586, 35013. 00-00214
01/18/2000Order/Clerk'sFiled Clerk's Order. On January 6, 2000, this court ordred these appeals consolidated and removed them from the settlement conference program. Appellant in Docket No. 34586 and appellant in Docket No. 35013 shall each have 15 days from the date of this order to file and serve a docketing statement. (No. 34586: docketing statement mailed to counsel for appellant. No. 35013: docketing statement mailed to counsel for appellant Jones Vargas and Jolley firm). 00-00801
01/19/2000Letter/IncomingFiled Letter. Courtesy copy of letter sent to George C. Swarts, Receiver Medical Device Alliance from Ilan K. Reich of Inamed (nos. 34586/35013). 00-00876
01/21/2000Transcript RequestFiled Request for Transcript of Proceedings. 04/05/99; 06/28/99; 08/30/99; 08/31/99; 09/07/99; 10/04/99; 10/19/99; 10/21/99; 11/23/99; 12/01/99; 12/07/99; 12/10/99 12/15/99; and 12/17/99 Transcripts requested: To Court Reporter: Kristine Cornelius. 00-01029
01/24/2000Transcript RequestFiled Request for Transcript of Proceedings. Joinder in Request for Transcript of Proceedings. (nos. 34586 and 35013). 00-01122
02/03/2000Order/ProceduralFiled Order. Modifying Briefing Schedule. On January 6, 2000, this court reinstated briefing. This order is intended to clarify and modify the briefing schedule. Appellants shall have 30 days from the date of this order to file and serve their respective opening briefs and appendices in these consolidated appeals. The respondents shall file and serve their respective answering briefs within 20 days after service of the opening brief. The appellants' reply briefs, if any, shall be served and filed within 10 days after service of the answering brief. An extension of this briefing schedule shall only be granted in extreme and unforeseeable circumstances warranting such an extension. Nos. 34586, 35013. 00-01755
02/09/2000Docketing StatementFiled Docketing Statement. Filed Joint Docketing Statement of Appellant's in Docket No. 34586 & 35013. Case No. 34586 & 35013. 00-02064
02/09/2000Docketing StatementFiled Response to Docketing Statement. Filed Response to Docketing Statement of Respondent's in Docket No. 34586. Case Nos. 34586 & 35013. 00-02065
02/24/2000TranscriptFiled Transcript. Proceedings: 4/5/99, 12/7/99, 12/10/99, 12/15/99, 12/17/99. Court Reporter: Kristine Cornelius. (Nos. 34586, 35013)
03/03/2000MotionFiled Motion. Joint Motion to Modify Briefing Schedule (Nos. 35013, 34586) 00-03380
03/06/2000TranscriptFiled Transcript. (SEALED). Proceedings: December 15, 1999. Court Reporter: Kristine Cornelius. Nos. 34586, 35013. (Transcript filed in no. 34586)
03/17/2000Order/ProceduralFiled Order. Appellants shall have until March 27, 2000, to serve (by hand delivery) and file a joint opening brief and appendix. The respondents shall have until April 26, 2000, to serve (by hand delivery) and file a joint answering brief. The appellants shall have until May 8, 2000, to serve and file a joint reply brief. fn1[This order issues close to the requested deadline for the opening brief. In light of this fact, the court will extend all of the requested deadlines by one week. The clerk of the court is directed to modify the caption appearing on this court's docket to reflect the caption set forth above.] Nos. 34586, 35013. 00-04313
03/30/2000BriefFiled Opening Brief. Appellants' Joint Opening Brief. Mailed on: 3/27/00. Nos. 34586 & 35013. 00-05176
03/30/2000AppendixFiled Joint Appendix. Appellants' Appendix to Joint Opening Brief. Vols. 1 through 9. Nos. 34586 & 35013. 00-05177
04/03/2000Notice/IncomingFiled Proof of Service. for Appellants' Appendix to Joint Opening Brief. Nos. 34586, 35013. 00-05293
04/21/2000Order/ProceduralFiled Order. Appellants shall have 10 days from the date of this order within which to file a response informing this court, court reporter Kristine Cornelius and the parties to this appeal if any transcripts remain to be prepared and filed in this court (nos. 34586/35013).
04/27/2000BriefFiled Answering Brief. Mailed on: LV Drop Box-4/26/00. Case Nos. 34586 and 35013.
04/27/2000AppendixFiled Appendix to Answering Brief. Volumes 1 and 2. Case No. 34586 and 35013.
05/01/2000MotionFiled Motion. Request for oral argument. Via fax. Nos. 34586, 35013. Document No. 00-07006.
05/01/2000Notice/IncomingFiled Proof of Service. (Respondent's Answering Brief - nos. 35013/34586). 00-07032
05/01/2000MotionFiled Motion for Stay. Emergency Motion for Stay Pending Appeal. Via fax. Nos. 34586, 35013. Document No. 00-07108.
05/02/2000MotionFiled Motion. Request for Oral Argument (ORIGINAL--filed via fax on 5/1/00). Nos. 34586, 35013. Document no. 00-07118
05/02/2000MotionFiled Motion for Stay. Emergency Motion for Stay Pending Appeal. (ORIGINAL--filed via fax on 5/1/00.) Nos. 34586, 35013). Document No. 00-07120.
05/03/2000MotionFiled Response to Order to Show Cause. Response to This Court's April 21, 2000 Order. Nos. 34586, 35013.
05/04/2000Order/ProceduralFiled Order Denying Motion. Order Denying Motion for Stay. Appellant Donald McGhan has filed a motion for a stay of an order directing the transfer of certain furniture and stock warrants to the receiver whom the district court appointed to oversee the affairs of Medical Device Alliance, Inc. We deny appellant's motion. Nos. 34586, 35013.
05/04/2000AppendixFiled Appendix. Supplemental Appendix pursuant to this Court's April 1, 2000, Order. Nos. 34586, 35013.
05/08/2000Order/ProceduralFiled Order Granting Motion. On May, 2000, appellant McGhan filed a request for oral argument. We grant the request, and we direct the clerk of this court to schedule this matter or oral argument on the court's June 2000 en banc calendar. Nos. 34586, 35013. Document No. 00-07441.
05/08/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for June 15, 2000 at the hour of 11:30 a.m. for 1/2 hour in Carson City.(Nos. 34586 and 35013) (En Banc) 00-07489
05/11/2000BriefFiled Reply Brief. Mailed on: 5/8/00. Appellant's Joint Reply Brief. Nos. 34586 & 35013. 00-07840
05/11/2000MotionFiled Motion. Nos. 35013, 34586. 00-07847
05/12/2000Order/ProceduralFiled Order. Order Shortening Time. On May 11, 2000, appellants McGhan and Medical Device Alliance, Inc., moved to supplement the appellate court record in these consolidated appeals. Cause appearing, any opposition or response to appellants' motion shall be filed with the clerk of this court on or before Tuesday, May 16, 2000. That portion of NRAP 25(1)(a) which provides that a document is timely filed if, on or before the last day of filing, it is mailed or dispatched to the clerk of this court, shall not apply to the filing of any response. Respondents may, however, on or before May 16, 2000, file a copy of the response with the clerk of this court by facsimile transmission. The original shall be mailed to the clerk of this court on the same date as the facsimile transmission. Nos. 34586, 35013.
05/16/2000MotionFiled Response to Motion. (Filed via fax per 5/16/00 order.) Nos. 34586, 35013. Document no. 00-08209 00-08207
05/18/2000MotionFiled Response to Motion. ORIGINAL of Response in Opposition to Motion to Supplement Record on Appeal (faxed on 5/16/00-nos. 34586/35013). 00-08314
05/26/2000Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 34586 and 35013) 00-08893
05/30/2000Order/ProceduralFiled Order Denying Motion. On May 11, 2000, appellants Medical Device Alliance, Inc., and McGhan moved to supplement the appellate court record. Respondents have opposed the motion. We deny the motion. Nos. 34586, 35013. Document No. 00-09013.
06/05/2000BriefFiled Supplemental Authorities. Nos. 35013, 34586 00-09453
06/09/2000MotionFiled Motion to Extend Time. Respondents' Motion to Extend Time to File Opposition to Appellants' Supplemental Authorities. (Filed via Fax--ok per AH.) document no. 00-09812. Nos. 34586, 35013
06/09/2000Other Other. Received Opposition to Appellants' Supplemental Authorities. (Filed via Fax--ok per AH.) document no. 00-09813. Nos. 34586, 35013.
06/09/2000Order/ProceduralFiled Order Granting Motion. The clerk of this court shall forthwith file "Respondents' Opposition to Appellants' Supplemental Authorities" received on June 9, 2000. Nos. 34586, 35013. Document No. 00-09817.
06/09/2000MotionFiled Response to Motion. Opposition to Appellants' Supplemental Authorities. Nos. 34586, 35013. Document No. 00-09813.
06/12/2000MotionFiled Motion. Motion to Allow Appellants 15 Additional Minutes for Oral Argument on June 15, 2000. Nos. 34586, 35013. (Filed via fax--ok per JB.) Document no. 00-09878
06/12/2000MotionFiled Response to Motion. Opposition to Motion to Allow Appellant 15 Additional Minutes for Oral Argument on June 15, 2000. (filed via fax) Nos. 34586, 35013 Doc. No. 00-09934
06/13/2000MotionFiled Motion to Extend Time. Respondents' Motion to Extend Time to File Opposition to Appellants' Supplemental Authorities. (ORIGINAL--filed via fax on 6/9/00.) Nos. 34586, 35013. Doc. No. 00-09963
06/13/2000MotionFiled Response to Motion. Opposition to Appellants' Supplemental Authorities. (ORIGINAL--filed via fax on 6/9/00). Nos. 34586, 35013. Doc. No. 00-09964
06/13/2000MotionFiled Motion. Motion for Leave to File Joinder in Support of Appellant Donald McGhan (No. 35013) and Appellant Medical Device Alliance (No. 34586). Doc. No. 00-09966.
06/13/2000MotionFiled Motion. Motion to Allow Appellants 15 Additional Minutes for Oral Argument on June 15, 2000. (ORIGINAL-filed via fax on 6/12/00) Nos. 34586, 35013. Document no. 00-09973
06/13/2000Notice/IncomingFiled Proof of Service. on Motion for Leave to file Joinder. (Filed via fax--ok per AH.) Nos. 34586, 35013. Doc. No. 00-10020
06/13/2000Notice/IncomingFiled Notice. Errata (to motion to supplement record on appeal). (Filed via fax--ok per AH.) Nos. 35013, 34586. Doc. No. 00-10021
06/13/2000MotionFiled Response to Motion. Opposition to Motion for Leave to File Joinder in Support of Appellant Donald McGhan (No. 35013) and Appellant Medical Device Alliance (No. 34586). (filed via fax--ok per AH) Nos. 34586. 35013 Doc. No. 00-10028
06/13/2000Order/ProceduralFiled Order Denying Motion. Appellants Medical Device Alliance, Inc., and Donald K. McGahan have filed a motion requesting an additional fifteen minutes to present their oral argument in these consolidated appeals. Respondents have opposed the motion. No good cause appearing, we deny the motion. Nos. 34586, 35013. Document No. 00-10034.
06/14/2000MotionFiled Response to Motion. ORIGINAL Opposition to Motion to Allow Appellants 15 Minutes for Oral Argument on June 15, 2000 (filed via fax 6/13/00 nos. 35013/34586). 00-10085
06/15/2000Order/ProceduralFiled Order Denying Motion. On June 13, 2000, the "Intervening Corcoran Shareholders" filed a motion seeking leave to file a joinder in the above-entitled appeals taken by appellants Medical Device Alliance, Inc., and Donald K. McGhan. Respondents oppose the motion. No good cause appearing, we deny the motion. Nos. 34586, 35013.
06/15/2000Case Status Update Submitted for Decision. Panel: En Banc. RR/CY/WM/MS/DA/ML/NB. Nos. 34586, 35013
06/15/2000Notice/IncomingFiled Notice. Errata to Joint Reply Brief (nos. 35013/34586). 00-10232
06/15/2000Notice/IncomingFiled Proof of Service. (Motion for Leave to File Joinder-nos. 35013/34586). 00-10236
06/15/2000MotionFiled Response to Motion. Opposition to Motion for Leave to File Joinder in Support of Appellant Donald McGhan (Appeal No. 35013) and Appellant Medical Device Alliance (Appeal No. 34586). Nos. 35013/34586. 00-10237
06/21/2000MotionFiled Response to Motion. Point of Order Regarding False Accusations of Misconduct Made Against Medical Device Alliance's Counsel of Record in Proceedings before the Court on June 15, 2000 (nos. 35013/34586). Okay to file per Andy. 00-10795
06/27/2000MotionFiled Response to Motion. Response to Point of Order Filed by Attorney Cooper regarding Violation of Supreme Court Rule 182. Nos. 34586, 35013. Doc. No. 00-10990
08/22/2000MotionFiled Motion for Stay. Joint Request for Stay of Decision on Appeal for 60 Days. (filed via fax) Nos. 34586/35013.
08/23/2000MotionFiled Motion for Stay. Joint Request for Stay of Decision on Appeal for 60 Days. (ORIGINAL--filed via fax on 8/22/00.) Nos. 34586/35013. Doc. No. 00-14784
08/24/2000Order/ProceduralFiled Order Denying Motion. On August 22, 2000, the parties filed a joint request to stay the court's decision in these consolidated appeals for sixty days to allow the parties "to discuss settlement of the underlying case." No good cause appearing, we deny the parties request (nos. 34586/35013).
08/25/2000Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court En Banc. Per Curiam. 116 Nev. Adv. Opn. No. 91. En Banc. Nos. 34586/35013 00-14943
09/20/2000RemittiturIssued Remittitur. 00-14998
09/20/2000Case Status Update Remittitur Issued/Case Closed.
03/18/2002RemittiturFiled Remittitur. Received by County Clerk on February 28, 2002. 00-14998