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United States Court Cases

Nevada Supreme/Appellate Court Record

BASS VS. STATE, BD. OF MEDICAL EXAM'RS

Case Information: 30632
Short Caption:BASS VS. STATE, BD. OF MEDICAL EXAM'RSCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A328764
Clark Co. - Eighth Judicial District - A329186
Classification:Civil Appeal - Administrative Agency - General
Disqualifications:LeavittCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:07/02/1997 / Aurbach, PhillipSP Status:Completed
Oral Argument:12/16/1999 at 9:30 AMOral Argument Location:Carson City
Submission Date:12/16/1999How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/24/1997Filing Fee Filing Fee Waived.
06/24/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day (Docketing Statement mailed to counsel for Appellant).
07/02/1997Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Phillip Aurbach . (Briefing and preparation of transcripts suspended pending further order of this court.)
07/08/1997Notice/IncomingFiled Notice. Certification re: Transcript. The transcript of the District Court proceedings consisting of the oral argument on the petition for Judicial Review held on May 22, 1997, has previously been prepared by the court reporter and filed in the District Court.
07/09/1997Docketing StatementFiled Docketing Statement.
07/09/1997Filing FeeReceived Filing Fee Paid on Filing. $100 (Peggy W. Hanache-check no. 0220).
07/09/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing Statement mailed to counsel for Cross-Appellant).
07/14/1997Notice/OutgoingIssued Notice. Mailed Notice of Cross-Appeal documents to Settlement Judge Aurbach.
07/21/1997Docketing StatementFiled Docketing Statement. (Harristion Lee Bass, Jr., M.D.).
08/21/1997Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.
10/21/1997Order/ProceduralFiled Order. The parties were unable to agree to a settlement of this appeal. Appellants shall have 70 days from the date of this order to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a).
12/30/1997MotionFiled Motion. Motion to Extend Time to file Opening Brief; Clarify, Correct or Modify form and content of the Appellate Court Record; Clarify the Parties.
01/08/1998MotionFiled Response to Motion. Response to Motion to Extend Time to file Opening Brief, Clarify Record and Parties.
01/15/1998MotionFiled Motion. Motion for Leave to File Reply to Repsonse to Motion to (I) Extend (ii) Clarify, Correct or Modify Form and Content of the Appellate Court Record; (iii) Clarify the Parties to the Appeal.
03/23/1998Order/ProceduralFiled Order Granting Motion. We grant appellant's motion for guidance. Appellant has moved this court to clarify the parties herein. The designation of the parties in this matter shall remain as indicated on the caption of this order. Appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix. After service of appellant's opening brief, respondent shall have 30 days to file and serve a single answering brief and opening brief on cross-appeal. After service of appellant's combined brief, respondent shall have 30 days to file and serve a single combined reply brief and answering brief on cross-appeal. After service of appellant's combined brief, respondent shall have 30 days to file and serve a reply brief on cross-appeal. Fn1[We deny appellant's January 15, 1998, motion seeking leave to file a reply].
04/22/1998MotionFiled Motion. Motion for Order Directing District Court Clerk to Transmit the Originals of the Reporters' Transcripts of B.M.E. Proceedings.
04/22/1998Notice/IncomingFiled Proof of Service. Receipt of Copy.
04/22/1998MotionFiled Motion and Order Extending Time. Brief due: May 6, 1998.
04/22/1998AppendixFiled Appendix to Opening Brief.
05/07/1998BriefFiled Opening Brief. Mailed on: 5/6/98.
06/05/1998MotionFiled Stipulation and Order. Respondent/Cross-Appellant's Brief due: July 8, 1998.
06/11/1998Order/ProceduralFiled Order Denying Motion. On April 22, 1998, appellant filed a motion requesting an order directing the district court clerk to transcmit the originals of the reporters' transcripts from an administrative proceeding. We deny appellant's motion. If counsel determines that the transcripts of the administrative proceedings are vital to our resolution of this matter, appellant may seek leave to file a supplemental appendix.
07/02/1998MotionFiled Motion to Extend Time.
07/09/1998Order/Clerk'sFiled Clerk's Order Granting Motion. The motion filed July 2, 1998 is granted. The answering brief shall be served and filed on or before July 22, 1998.
07/23/1998MotionFiled Motion to Extend Time.
07/24/1998Order/Clerk'sFiled Clerk's Order Granting Motion. The motion filed July 23, 1998 is granted. The answering brief shall be served and filed on or before July 31, 1998.
08/04/1998BriefFiled Answering Brief. Mailed on: 7/31/98.
08/04/1998AppendixFiled Appendix to Answering Brief. Vols. 1 through 3.
08/04/1998MotionFiled Motion. Motion for Order Directing Clerk to Transmit Original Exhibits.
08/26/1998Order/ProceduralFiled Order Granting Motion. We grant respondent's motion seeking the transmittal to this court of "the two video tapes of the laparoscopic surgery which were admitted into evidence at the administrative hearing and submitted to the district court as part of the administrative record." Accordingly, respondent shall, within 30 days from the date of this order, cause the district court clerk to certify and transmit the above-referenced video tapes to the clerk of this court as a supplemental record..
09/03/1998MotionFiled Stipulation and Order. Appellant/Cross-Respondent Brief due: October 5, 1998.
09/23/1998ExhibitReceived Exhibit (original). Exhibits: Two Videotapes: (1) "BME vs. Bass" Video of Surgery with Narrative by Dr. Bass; and (2) Exhibit 13 to Panel Complaint: Dr. Bass Video Tape of Surgery. (Received from Clark County Clerk).
09/29/1998MotionFiled Motion to Extend Time.
10/01/1998Order/Clerk'sFiled Clerk's Order Granting Motion. The motion filed September 29, 1998, is granted. The reply brief shall be served and filed on or before November 19, 1998.
11/17/1998MotionFiled Motion. For Additional Extension of Time to File Appellant's Reply Brief.
11/24/1998Order/ProceduralFiled Case Processing Order. We grant appellant/cross-respondent's motion for an extension of time, to and including December 21, 1998, within which to file and serve the reply brief.
12/23/1998BriefFiled Brief. Appellant's Reply Brief. (Mailed on: 12/22/98).
12/23/1998AppendixFiled Appendix. Appellant's Reply Appendix, vols. 1 through 5.
01/28/1999MotionFiled Stipulation and Order. Respondent/cross-appellant may have to and including February 9, 1999, within which to file the reply brief.
02/11/1999BriefFiled Brief. Respondent's/Cross-Appellant Reply Brief. (Mailed on: 2/9/99.)
05/10/1999OtherDisqualification of Justice Leavitt. Justice Leavitt disqualified from participation in this matter.
07/22/1999Notice/OutgoingIssued Notice. Oral Argument is scheduled for September 22, 1999 at the hour of 11:00 a.m.-1/2 hr. in Las Vegas. (SNP99B-WM, MS, NB)
09/02/1999MotionFiled Motion. For En Banc Consideration.
09/08/1999Notice/OutgoingIssued Notice. Oral Argument reminder notice.
09/10/1999Order/ProceduralFiled Case Processing Order. Denying En Banc Review. This matter is currently shceduled for oral argument on September 22, 1999, in Las Vegas before the Southern Nevada Panel. On September 2, 1999, appellant filed a motion requesting the consideration of this matter by the en banc court. We note that NRAP 40A provides the only means by which a party may request en banc review. We deny appellant's request. SNP99B-WM/MS/NB
09/16/1999Letter/IncomingReceived Letter. From Attorney R. Paul Sorenson requesting that the time for oral argument be expanded to thirty minutes for each party.
09/17/1999Order/ProceduralFiled Case Processing Order. This appeal is currently scheduled for oral argument on September 22, 1999, at 11:00 a.m. before the Southern Nevada Panel. We hereby vacate that argument setting. Fn1[On September 16, 1999, counsel for appellant submitted a letter requesting additional time to present oral argument. This request is denied as moot]. Maupin, J. (Called counsel and read order 9/17/99).
10/06/1999Notice/OutgoingIssued Notice. Oral Argument is scheduled for December 16, 1999 at the hour of 10:00 a.m. for 1/2 hour in Carson City (En Banc).
10/29/1999MotionFiled Motion. For Additional Oral Argument Time pursuant to NRAP 34(a).
11/17/1999Order/ProceduralFiled Case Processing Order. Appellant has filed a motion requesting additional time for oral argument. We grant appellant's motion requesting additional time for oral argument. We grant appellant's motion. Oral argument shall commence at 9:30 a.m. on December 16, 1999, in Carson City. Argument shall be limited to one hour and each party shall have 30 minutes to present their argument.
11/29/1999Notice/OutgoingIssued Notice. Oral Argument Reminder Notice.
12/01/1999MotionFiled Motion. To Supplement Record on Appeal.
12/03/1999Order/ProceduralFiled Case Processing Order. Appellant filed a motion to supplement the record on appeal. Appellant has attached the proposed supplemental record as exhibits to the motion. Cause appearing, we deny the motion. We direct the clerk of this court to forthwith strike the exhibits attached to appellant's motion. Stricken by Order: exhibits attached to the motion to Supplement Record on Appeal filed December 1, 1999.
12/16/1999Other Other. Oral Argument before the En Banc Court: submitted. En Banc.
12/16/1999Case Status Update Submitted for Decision.
06/01/2000Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal on Cross-Appeal and Order Dismissing Appeal. " We affirm the district court's refusal to grant Dr. Bass relief with regard to the Board's findings with regard to Patient A. Similarly, we reverse the district court's ruling granting relief on judicial review of the Board's findings in connection with Patient B." fn2[The Honorable Myron E. Leavitt, Justice voluntarily recused himself from participation in the decision of this appeal.] En Banc-RR/CY/WM/MS/DA/NB 00-09211
06/15/2000MotionFiled Motion to Extend Time. and Stipulation. (LV drop box--6/14/00) 00-10198
06/20/2000Order/ProceduralFiled Order Granting Motion. Pursuant to the stipulation of the parties, the motion for an extension of time filed on June 15, 2000, is granted. Appellant's petition for rehearing shall be served and filed on or before July 18, 2000. 00-10574
07/17/2000MotionFiled Motion to Extend Time. and Stipulation. (LV drop box--7/14/00) 00-12288
07/18/2000Order/ProceduralFiled Order Granting Motion. Appellant/cross-respondent shall have to and including July 28, 2000, to file and serve a petition for rehearing. 00-12436
08/01/2000MotionFiled Motion to Extend Time. with Stipulation attached. (LV drop box--7/28/00) 00-13257
08/01/2000Order/ProceduralFiled Order Granting Motion. Appellant/cross-respondent shall have to and including August 2, 2000, to file and serve the petition for rehearing. 00-13321
08/03/2000MotionFiled Motion to Extend Time. (LV drop box--8/1/00) 00-13415
08/03/2000Order/ProceduralFiled Order Granting Motion. Appellant/cross-respondent shall have to and including August 4, 2000, to file and serve the petition for rehearing. We do not expect further requests for extensions of time absent extreme and unforeseeable circumstances. 00-13485
08/04/2000MotionFiled Stipulation. Stipulation re: Extending Time for Appellant to File Motion for Rehearing. 00-13530
08/07/2000Filing FeeReceived Filing Fee Paid on Filing. $100 from R. Paul Sorenson-check no. 23908.
08/07/2000Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: 8/3/00. 00-13594
08/09/2000Order/Clerk'sFiled Clerk's Order. On August 4, 2000, filed a stipulation. Pursuant to an order entered on August 3, 2000, appellant/cross-respondent had to and including August 4, 2000, to file the petition for rehearing. The petition for rehearing having been timely filed, the stipulation is disapproved as moot. 00-13800
08/16/2000Other Returned Unfiled Document. Pursuant to NRAP 40(d) and (f).
09/18/2000Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." fn1[The Honorable Myron E. Leavitt, Justice, voluntarily recused himself from participation in the decision of this matter.] En Banc. 00-16365
09/25/2000MotionFiled Motion. Motion for Publication of Order of Reversal on Cross-Appeal and Order Dismissing Appeal. 00-16872
10/02/2000MotionFiled Motion. Motion for Publication of Order of Reversal on Cross-Appeal and Order Dismissing Appeal. (Identical to motion filed 9/25/00, but with attached exhibits.) 00-17374
10/04/2000MotionFiled Response to Motion. Opposition to Respondent's Motion for Publication of Order of Reversal on Cross-Appeal and Order Dismissing Appeal. 00-17573
10/04/2000RemittiturIssued Remittitur. Returned this day Exhibits: Two Videotapes: (1) "BME vs. Bass" Video of Surgery with Narrative by Dr. Bass; and (2) Exhibit 13 to Panel Complaint: Dr. Bass Video Tape of Surgery. 00-16471
10/04/2000Case Status Update Remittitur Issued/Case Closed.
10/25/2000RemittiturFiled Remittitur. Received by County Clerk on October 9, 2000. 00-16471
12/12/2000Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. An application for an extension of time within which to file a petition for a writ of certiorari has been presented to Justice O'Connor, who on December 7, 2000, extended the time to and including January 16, 2001. 00-21693
01/26/2001Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed January 16, 2001, and placed on the docket as No. 00-1163. 01-01738
03/26/2001Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. (No action required.) 01-05238
05/21/2001Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for rehearing is denied. (No action required.) 01-08385
01/09/2002Order/ProceduralFiled Order Denying Motion. On September 25, 2000, and October 2, 2000, respondent/cross-appellant (respondent) moved for publication of this court's June 1, 2000, Order of Reversal on Cross-Appeal and Order Dismissing Appeal. Appellant/cross-respondent opposes the motion. We have considered the motions and opposition and we decline to publish the order. We deny respondent's motions. fn1[The Honorable Myron e. Leavitt, Justice, voluntarily rrecused himself from participation in the decision of this matter.] 02-00629