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United States Court Cases

Nevada Supreme/Appellate Court Record

EIFEALDT VS. CLARK REHABILITATION CTR

Case Information: 34547
Short Caption:EIFEALDT VS. CLARK REHABILITATION CTRCourt:Supreme Court
Related Case(s): 35052
Lower Court Case(s):Clark Co. - Eighth Judicial District - A345203Classification:Civil Appeal - General - Other
Disqualifications:MaupinCase Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:07/27/1999 / Berkson, LesterSP Status:Completed
Oral Argument:05/19/2003 at 10:00 AMOral Argument Location:Las Vegas Office
Submission Date:05/19/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/22/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley Singleton Jemison Cobeaga & List--check no. 71091.
07/22/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-06596
07/27/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/09/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Legal Express--check no. 7158.
08/09/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. 99-07284
08/13/1999Notice/Outgoing Letter.
08/18/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley Singleton Jemison Cobeaga & List--check no. 71581.
08/18/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. 99-07703
08/19/1999Notice/Outgoing Letter.
08/24/1999Filing Fee Filing Fee due.
08/24/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. 99-07889
08/24/1999Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
08/25/1999Notice/Outgoing Letter.
09/01/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Christensen Law Offices-check no. 20296.
01/18/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: February 11, 2000. 00-00766
01/31/2000MotionFiled Motion for Stay. Chris and Sandra K. Eifealdts' Motion Requesting Stay of Execution be Lifted or Supersedeas Bond be Posted. 00-01537
02/08/2000Notice/IncomingFiled Proof of Service. Receipt of Copy. 00-02015
02/14/2000MotionFiled Response to Motion. Appellant's Opposition to Respondents' Request to Lift a Stay of Execution or Post Supersedeas Bond. 00-02293
04/26/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-06836
04/26/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant-cross-respondent and respondent/cross-appellant.) Due Date: 15 days
04/28/2000MotionFiled Motion to Dismiss Appeal. Respondent's Motion to Dismiss for Jurisdictional Defect. 00-06934
05/02/2000Notice/IncomingFiled Proof of Service. for Respondents' Motion to Dismiss for Jurisdictional Defect. 00-07136
05/15/2000MotionFiled Motion to Extend Time. Request to Extend Time to Oppose Motion to Dismiss Appeal. 00-08062
05/15/2000Docketing StatementFiled Docketing Statement. (Respondent/Cross-Appellant A.H. Robins Co. d/b/a Quinton Instruments). 00-08109
05/15/2000Other Returned Unfiled Document. Appellant/Cross-Respondent (Original signature required).
05/16/2000Order/Clerk'sFiled Clerk's Order. Appellants shall have 4 days from the date of this order to file and serve an opposition to the motion to dismiss filed in this court on April 28, 2000. 00-08144
05/17/2000Order/ProceduralFiled Order. We hereby consolidate the above-entitled matters for all appellate purposes. Pursuant to NRAP 16(g), the settlement judge assigned to both matters has filed reports indicating that the parties were unable to agree to a settlement of these matter. Nevertheless, the time deadlines for requesting and preparing transcripts and briefing shall remain suspended pending a preliminary jurisdictional review of these appeals and further order of this court. fn1[We defer ruling on appellants/cross-respondents' January 31, 2000 and April 28, 2000 motions in docket No. 34547, pending completion of our jurisdictional review.] Nos. 34547, 35052. 00-08226
05/19/2000MotionFiled Response to Motion. Opposition to Respondents' Motion to Dismiss for Jurisdictional Defect (nos. 34547/35052). 00-08397
05/24/2000Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. Nos. 34547 & 35052. 00-08677
11/21/2000Order/ProceduralFiled Order Denying Motion. Appellants/cross-respondents Chris and Sandra K. Eifealdt have moved to dismiss the cross-appeal in Docket No. 34547 for lack of jurisdiction. Having considered the motion and the opposition, we conclude that this court has juridiction over the cross-appeal, and we deny the motion to dismiss. (nos. 34547/35052). 00-20460
11/21/2000Order/ProceduralFiled Order/Show Cause. The Eifealdts and A.H. Robins shall have 30 days from the date of this order within which to show cause why portions of the appeal and cross-appeal in Docket No. 34547 should not be dismissed for lack of jurisdiction. In responding to this order, they shall submit documentation that establishes this court's jurisdiction including, but not necessarily limited to, points and authorities. We caution the Eifealdts and A.H. Robins that failure to demonstrate that this court has jurisdiction may result in this court's dismissal of parts of the appeal and/ir the cross-appeal. The preparation of transcripts and the briefing schedule in theses matters shall remain suspended pending further order of this court (nos. 34547/35052). 00-20464
12/22/2000MotionFiled Response to Order to Show Cause. Appellants/Cross-Respondents Response to Order to Show Cause. Nos. 34547/35052 00-22303
12/26/2000MotionFiled Response to Order to Show Cause. (A.H. Robins Company d/b/a Quinton Instruments). Mailed on: 12/21/00. Nos. 34547 c/w 35052. 00-22420
01/29/2001MotionFiled Motion to Dismiss Appeal. Respondents' Jean Hanna Clark Rehabilitation Center and State Industrial Insurance System, Motion to Dismiss Appeal. Nos. 34547/35052. 01-01858
02/08/2001MotionFiled Motion to Extend Time. Motion to Extend Time to File Opposition to Respondent's Jean Hanna Clark Rehabilitation Center and State Industrial Insurance System's Motion to Dismiss Appeal (nos. 34547/35052). 01-02625
02/09/2001MotionFiled Response to Motion. Opposition to Respondents', Jean Hanna Clark Rehabiliation Center and State Industrial Insurance System's Motion to Dismiss Appeal. (nos. 34547/35052). 01-02682
02/12/2001Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), Respondents', Jean Hanna Clark Rehabilitation Center and State Industrial Insurance System, Reply in Support of Motion to Dismiss. Nos. 34547/35052
02/21/2001Order/ProceduralFiled Order Granting Motion. On February 8, 2001, respondent/cross-appellant filed a motion for an extension of one day to file an opposition to respondents motion to dismiss. We grant the motion. fn1[The opposition was mailed on February 6, 2001, and was subsequently filed in this court on February 9, 2001.] Nos. 34547/35052. (01-03214) 01-03214
02/26/2001MotionFiled Motion for Permission to File Document. Respondents', Jean Hanna Clark Rehabilitation Center and State Industrial Insurance System, Motion for Leave to File Reply Brief in Support of Motion to Dismiss Appeal (nos. 34547/35052). 01-03595
09/13/2001Order/ProceduralFiled Order. Order of Limited Remand. These are consolidate appeals and a cross-appeal from a final judgment and post-judgment orders in a personal injury action. fn1[Pursuant to NRAP 28(h), A.H. Robins has been designated as the respondent/cross-appellant in Docket No. 34547.] The Eifealdts have moved this court for an order requiring respondent A.H. Robins to post a supersedeas bond or, alternatively, vacating the district court order. We REMAND these matters to the district court for the limited purpose of deciding anew the stay issue pending appeal. fn6[The district court shall promptly conduct a hearing to determine whether A.H. Robins is financially able to post a supersedeas bond pending appeal or can provide alternative forms of security for the Eifealdts. The district court clerk shall forthwith transmit a certified copy of the order to this court. The Eifealdts' alternate request for this court to set and impose a supersedeas bond is denied.] Nos. 34547/35052. (01-15486) 01-15486
10/03/2001Order/ProceduralFiled Order. Order Partially Dismissing Appeals and Cross-Appeal and Denying Motion to Dismiss Appeal. These are consolidated appeals and a cross-appeal from a final judgment and several post-judgments orders entered in district court. In Docket No. 34547, we dismiss the Eifealdts' appeal from the district court orders entered on February 2, 1999 and August 9, 1999. A.H. Robins' cross-appeal from these orders is also dismissed. last, we deny JHCRC and SIIS's motion for dismissal. fn10[A.H. Robins may appeal from only the September 28, 1999 order in Docket No. 35052. We note, however, that A.H. Robins perfected an appeal from the preceding orders in Docket No. 34547, except as otherwise stated in this order, and therefore is not prejudiced by this dismissal.] The preparation of transcripts and the briefing schedule in these matters are hereby reinstated. The Eifealdts and A.H. Robins shall have 15 days from the date of this order to comply with the provisions of NRAP 9(a). In Docket No. 34547, the Eifealdts shall have 120 days from the date of this order to file and serve the opening brief and appendix. In Docket No. 35052, A.H. Robins shall have 120 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing in each docket shall proceed in accordance with NRAP 31(a)(1). fn12[We grant JHCRC and SISS' motion to file a reply brief in support of their motion to dismiss, and direct the clerk of this court to file the Nos. 34547/35052. (01-16673) 01-16673
10/03/2001MotionFiled Reply to Response. Respondents', Jean Hanna Clark Rehabilitation Center and State Industrial Insurance System, Motion to Dismiss Appeal. Nos. 34547/35052. (01-03596) 01-03596
10/22/2001Transcript RequestFiled Request for Transcript of Proceedings. (Submitted by counsel for A.H. Robins.) Transcripts requested: All proceedings including 12/11/98 to 12/15/98. To Court Reporter: Tom Mercer. Nos. 34547/35052 01-17736
10/23/2001Transcript RequestFiled Request for Transcript of Proceedings. (Submitted by counsel for Eifealdts.) Transcripts requested: 6/5/96; 7/31/96; 4/28/97; 8/4/97; 11/24/97; 5/11/98; 5/18/98; 11/16/98; 12/8/98 through 12/11/98; 1/11/99; 1/25/99; 2/8/99; 2/16/99; 2/22/99; 6/1/99; 7/26/99; 9/13/99. To Court Reporter: Joanie Grimes. Nos. 34547/35052 01-17841
11/08/2001TranscriptFiled Transcript. Proceedings: December 8, 1998 through December 11, 1998. Court Reporter: Tom Mercer. Nos. 34547/35052. 01-18681
12/03/2001Order/IncomingFiled District Court Order. Certified copy of order filed in district court on November 5, 2001. Nos. 34547/35052. 01-20205
12/03/2001Notice/IncomingFiled Notice. Certified copy of Notice of Entry of Order filed in the district court on November 13, 2001. Nos. 34547/35052. 01-20206
01/22/2002BriefFiled Opening Brief. Opening Brief of Appellant's Chris Eifealdt and Sandra Eifealdt. Mailed on: 1/18/02. Nos. 34547/35052. (01-01455) 02-01455
01/22/2002AppendixFiled Appendix to Opening Brief. Volumes 1 through 3. Nos. 34547/35052. (02-01457) 02-01457
02/04/2002MotionFiled Stipulation and Order. Brief due: March 1, 2002. Nos. 34547/35052. 02-02266
03/06/2002MotionFiled Motion to Extend Time. A.H. Robins Company. Nos. 34547/35052 - Brief due in case no. 35052. 02-04095
03/08/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed March 6, 2002. Appellant A. H. Robins Company shall file and serve the opening brief and appendix in Docket No. 35052 by April 3, 2002. Nos. 34547/35052. (02-04273) 02-04273
04/02/2002Order/ProceduralFiled Order. On October 22, 2001, A.H. Robins Company filed a transcript request form in these consolidated appeals requesting the preparation of transcripts by court reporter Tom Mercer. A.H. Robins Company specifically requested the production of transcripts for proceedings conducted on December 11-15, 1998. Because it appears that the request for transcripts for proceedings conducted on December 11-15, 1998, was in error, we conclude that Mr. Mercer is not responsible for producing those transcripts. We admonish A.H. Robins Company's counsel for failing to properly identify the necessary transcripts. On October 23, 2001, Chris Eifealdt and Sandra K. Eifealdt filed a transcript request form in these consolidated appeals requesting the preparation of transcripts by court reporter Joanie Grime. We note that the transcript request form is procedurally deficient. We admonish the Eifealdts' counsel for failing to file a transcript request form that complies with NRAP 9(a). If the Eifealdts wish to have any additional transcripts produced, the Eifealdts shall file and serve a transcript request form that fully complies with NRAP 9(a) within 10 days from the date of this order. If the Eifealdts do not file a transcript request form within that time period, all transcripts necessary for the review of this appeal will be deemed filed with this court. Nos. 34547/35052. 02-05845
04/05/2002MotionFiled Motion for Excess Pages. Motion for Enlargement of Page Limit. (57 pages requested) Nos. 34547/35052 02-06077
04/05/2002AppendixFiled Appendix to Opening Brief. Vols. 1 through 9. Appellant's Appendix in Appeal 35052. Nos. 34547/35052 (02-06090).
04/15/2002MotionFiled Motion to Extend Time. Respondents, Jean Hanna Clark Rehabilitation Center and State Industrial Insurance System (SIIS)'s Motion for Extension of Time in which to File their Answering Brief. Nos. 34547/35052. 02-06732
05/03/2002MotionFiled Motion to Extend Time. Respondents' Jean Hanna Clark Rehabilitation Center and State Industrial Insurance System's Motion for Extension of Time in Which to file their Opposition to Respondent/Cross-Appellant's A.H. Robins Company d/b/a Quinton Instruments Motion for Enlargment of Page Limit. Nos. 34547/35052. (02-07786) 02-07786
05/07/2002MotionFiled Stipulation. Answering Brief to Quinton's Opening Brief on Cross-Appeal and Appeal, and their Reply Brief to Quinton's Answering Brief and Eifealdt's Appeal. Nos. 34547/35052. 02-08025
05/16/2002MotionFiled Motion to Strike. Motion to Strike Opposition to Motion for Enlargement of Page Limitation or, in the Alternative, Motion for Leave to File Reply. Nos. 34547/35052. 02-08691
05/30/2002Order/ProceduralFiled Order. On October 3, 2001, this court entered an order that established separate, parallel briefing schedules for these consolidated appeals. On April 15, 2002, JHCRC and SIIS filed an untimely motion requesting an extension of time to file the answering brief. JHCRC and SIIS are respondents to the Eifealdts' appeal, and thus may respond properly only to the arguments in the Eifealdts' opening brief in Docket No. 34547. We deny the motion requesting an extension of time to file the answering brief. JHCRC and SIIS shall have 20 days from the date of this order to file and serve their answering brief to the Eifealdts' opening brief. Thereafter, the Eifealdts shall have 30 days from service of JHCRC and SIIS' answering brief to file a reply brief. On April 5, 2002, A.H. Robins submitted the 'Opening Brief on Cross-Appeal and Appeal and Answering Brief on Eifealdt's Appeal.' We strike A.H. Robins' 'Opening Brief on Cross-Appeal and Appeal and Answering Brief on Eifealdt's Appeal' submitted on April 5, 2002 and we deny A.H. Robins' motion requesting permission to file a brief in excess of 30 pages as moot. We similarly deny as moot JHCRC and SIIS's motion for an extension to file an opposition to A.H. Robins' motion. fn1[The clerk of this court shall return, unfiled, JHCRC and SIIS's proposed opposition received on May 2, 2002.] We deny A.H. Robins' motion to strike JHCRC and SIIS' opposition to the motion to file a brief in excess of 30 pages. Finally, we disapprove as moot the parties' stipulation for an extension of time for the Eifealdts to file their combined answering brief on cross-appeal and reply brief on appeal. A.H. Robins shall, within 20 days from the date of this order: (1) file and serve the combined answering brief on appeal and opening brief on cross appeal in Docket No. 34547; and (2) file and serve a separate opening brief in Docket No. 35052. Thereafter, in Docket No. 34547, the Eifealdts shall have 30 days from the date of service of the combined brief to file the answering brief on cross-appeal and reply brief on appeal; and A.H. Robins shall have 30 days from service of the Eifealdts' combined brief to file the reply brief on cross-appeal. In Docket No. 35052, the Eifealdts shall have 30 days after service of the opening brief to file the answering brief; and A.H. Robins shall have 30 days after service of the answering brief to file and serve the reply brief, if deemed necessary. Nos. 34547/35052. (02-09409) 02-09409
05/30/2002Notice/OutgoingIssued Letter. to attorney Daniel F. Polsenberg. Returned unfiled, the original and one copy of Quinton's Opening Brief on Cross-Appeal and Appeal and Answering Brief on Eifealdt's Appeal received on April 5, 2002. Nos. 34547/35052.
05/30/2002Notice/OutgoingIssued Letter. to attorney Sherman B. Mayor. Returned unfiled, the original and one copy of Respondents' Jean Hanna Clark Rehabilitation Center et al., Opposition to respondent's/Cross-Appellant's, A.H. Robins company D/B/A Quinton Instruments Motion for Enlargement of Page Limit received May 2, 2002. Nos. 34547/35052.
05/31/2002MotionFiled Motion to Extend Time. Motion for Extension of Time to File Answering Brief and Reply Brief. (Submitted by counsel for Eifealdts.) Nos. 34547/35052 02-09527
06/10/2002Notice/IncomingFiled Notice. Notice of Withdrawal of Motion for Extension of Time to File Answering Brief and Reply Brief. Nos. 34547/35052. 02-10141
06/17/2002BriefFiled Answering Brief. Respondents, Jean Hanna Clark Rehabilitation Center and State Industrial Insurance Systems' Answering Brief to Appellants Eifealdts' Opening Brief on Appeal. Mailed on: Fed Ex 06/14/02. Filed in 34547 only. Nos. 34547/35052. 02-10435
06/21/2002Notice/IncomingFiled Notice. Notice in Lieu of Opening Brief in Case 35052. Nos. 34547/35052. 02-10766
06/21/2002MotionFiled Motion and Order/Excess Pages. Granted: 36 pages. Nos. 34547/35052. 02-10767
06/21/2002BriefFiled Answering Brief. Quinton's Opening Brief on Cross-Appeal and Answering Brief on Appeal in Docket 34547. Mailed on: 06/19/02. Nos. 34547/35052. 02-10771
07/09/2002MotionFiled Motion to Strike. Jean Hanna Clark Rehabilitation Center and State Industrial Insurance System's Motion to Strike Quinton Instruments' Brief or, in the Alternative, Motion for Leave to File an Answering Brief to Quinton Instruments' Brief. Nos. 34547/35052 02-11638
07/17/2002BriefFiled Reply Brief. Appellants, Eifealdts' Reply Brief to Respondents, Jean Hanna Clark and SIIS's Answering Brief in Case No. 34547. Mailed on: Fed Ex 07/17/02. Nos. 34547/35052. 02-12249
07/22/2002BriefFiled Reply Brief. Appellant, Eifealdts' Answering Brief to Cross-Appellant, Quinton's Opening Brief and Reply Brief to Respondent, Quinton's Answering Brief in Case No. 34547. Mailed on: Fed Ex 07/19/02. Nos. 34547/35052. 02-12513
08/16/2002MotionFiled Motion to Extend Time. Motions to file combined reply brief and for extension of time (first request). Nos. 34547/35052. 02-14014
09/27/2002OtherDisqualification of Justice Maupin. Jean Hanna Clark Rehabilitation Center--former attorney/client relationship.
09/30/2002Order/ProceduralFiled Order. We direct A.H. Robins, within 20 days, to show cause why the appeal in Docket No. 35052 should not be dismissed. Briefing for Docket No. 35052 is suspended pending further order of this court. Because the Eifealdts withdraw their motion filed on May 31, 2002, no action will be taken on the motion. On July 9, 2002, respondents JHCR) and SIIS in Docket No. 34547 filed a motion to strike A.H. Robins' combined answering brief on appeal and opening brief on cross-appeal or in the alternative, request leave to file an answering brief to A.H. Robins' combined brief. We grant the unopposed motion. The clerk of this court shall file the answering brief and appendix received on July 9, 2002. On August 16, 2002, A.H. Robins filed a motion for leave to file a single reply brief on cross-appeal to (1) appellants Eifealdt's answering brief on cross-appeal filed on July 22, 2002, and (2) JHCR and SIIS' answering brief on cross appeal received on July 9, 2002. We grant the motion. The clerk of this court shall file the reply brief received on September 17, 2002. Because all the briefs have been filed in Docket No. 34547, we conclude that briefing in Docket No. 34547 is completed. Nos. 34547/35052. 02-16885
09/30/2002BriefFiled Answering Brief. Filed in 34547 only. Jean Hanna Clark Rehabilitation Center and State Industrial Insurance System's Answering Brief to Quinton Instrauments' Opening Brief on Cross-Appeal and Appeal. Nos. 34547/35052. Mailed on: Fed Ex 07/08/02. 02-11640
09/30/2002AppendixFiled Appendix to Answering Brief. Filed in 34547 only. Jean Hanna Clark Rehabilitation Center and State Industrial Insurance Systems's Appendix II. Nos. 34547/35052. 02-11642
09/30/2002BriefFiled Reply Brief. Filed in 34547 only. Respondent/Cross Appellant Quinton's Reply Brief. Mailed on: Fed Ex 09/16/02. Nos. 34547/35052. 02-16170
10/07/2002AppendixFiled Appendix. Jean Hanna Clark Rehabilitation Center's and State Industrial Insurance System (SIIS)'s Errata to Appendices. Nos. 34547/35052 02-17245
10/28/2002MotionFiled Response to Order to Show Cause. For case no. 35052. Nos. 34547/35052 02-18557
10/28/2002MotionFiled Motion. Motion to Correct Caption. Nos. 34547/35052. 02-18560
02/13/2003Order/ProceduralFiled Order. On September 30, 2002, this court entered an order directing A.H. Robins to show cause why the appeal in Docket No. 35052 should not be dismissed. On October 28, 2002, A.H. Robins filed a response to our September 30, 2002, order. The response provides in pertinent part, 'The appeal in Docket No. 35052 may be dismissed.' Accordingly, we dismiss the appeal in Docket No. 35052. On October 28, 2002, A.H. Robins also filed a motion to correct the caption in Docket No. 34547. We note that this court did not designate JHCRC and SIIS as cross-respondents to A.H. Robins' cross-appeal because A.H. Robins did not indicate that JHCRC and SIIS were parties to its cross-appeal in its case appeal statement or docketing statement. Nevertheless, because this court noted in its September 30, 2002, order that the issues raised in A.H. Robins' combined opening brief on cross-appeal and answering brief on appeal may affect the substantive rights of JHCRC and SIIS, we conclude that the caption of Docket No. 34547 should be amended to reflect that JHCRC and SIIS are cross-respondents to A.H. Robins' cross-appeal. Accordingly, we grant the motion to amend the caption. The clerk of this court shall modify the caption in Docket No. 34547 to be consistent with the caption of Docket No. 34547 on this order. We note that on September 30, 2002, this court filed JHCRC and SIIS' answering brief to A.H. Robins' cross-appeal and concluded that the briefing of Docket No. 34547 was completed. Thus, this order does not affect briefing and the briefing of Docket No. 34547 remains completed. Nos. 34547/35052-are no longer consolidated. 03-02504
04/16/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on May 12, 2003, at 1:30 p.m. (SNP03-MS/ML/NB)
04/21/2003MotionFiled Motion. Respondents, Jean Hanna Clark Rehabilitation Center and State Industrial Insurance System (SIIS)'s Motion to Continue Oral Argument Setting. 03-06720
04/28/2003Order/ProceduralFiled Order Granting Motion. Continuing Oral Argument, filed April 21, 2003. We hereby vacate the oral argument presently scheduled for May 12, 2003, at 1:30 p.m., and direct the clerk of this court to schedule this appeal for oral argument before the Southern Nevada Panel on May 19 at 10:00 a.m. in Las Vegas. Argument shall be limited to 30 minutes. 03-07179
04/29/2003Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 30 minutes on May 19, 2003, at 10:00 a.m. before the Southern Nevada Panel in Las Vegas. (SNP03-MS/ML/NB)
05/19/2003Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP03-MS/ML/NB
06/18/2003Letter/IncomingFiled Letter. from Daniel Polsenberg requesting that Charles Michalek and Phil Hymanson be removed as counsel in this appeal. 03-10197
06/20/2003Notice/OutgoingIssued Letter. to attorney Daniel Polsenberg in reference to letter dated June 13, 2003.
08/19/2003Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Reversing un Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART, AND REMAND this matter to the district court for proceedings consistent with this order." SNP03-MS/ML/NB 03-13837
09/11/2003Filing FeeReceived Filing Fee Paid on Filing. $100 from Beckley Singleton - check no. 099008 (additional $50 due).
09/11/2003Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: September 8, 2003. 03-15246
09/15/2003Filing FeeReceived Filing Fee Paid on Filing. Additonal $50 from Beckley Singleton--check no. 099077.
10/21/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP03-MS/ML/NB 03-17496
10/30/2003MotionFiled Motion to Extend Time. (to file petition for en banc reconsideration). 03-18100
11/04/2003Order/ProceduralFiled Order Granting Motion. filed October 30, 2003. Quinton Instruments shall have until November 19, 2003, to file and serve its petition for en banc reconsideration. 03-18344
11/18/2003RemittiturIssued Remittitur. 03-17578
11/18/2003Case Status Update Remittitur Issued/Case Closed.
11/24/2003Filing Fee Returned Filing Fee. Check No. 100385 returned to Beckley Singleton. (No fee due for en banc reconsideration.)
11/24/2003Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on: November 19, 2003. 03-19582
12/04/2003RemittiturFiled Remittitur. Received by County Clerk on November 20, 2003. 03-17578
12/17/2003Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." fn1[The Honorable A. William Maupin, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC 03-21000