Docket Entries |
Date | Type | Description | Pending? | Document |
10/11/2001 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Law Offices of Skinner Sutton & Watson--check no. 2321. | | |
10/11/2001 | 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.) | | 01-17202 |
10/24/2001 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Ara H. Shirinian. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
10/29/2001 | Docketing Statement | Filed Docketing Statement. (Rogers & Yin). | | 01-18024 |
10/29/2001 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Morris Pickering & Sanner--check no. 13401. | | |
10/29/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appellant Adam Levy, M.D. (Docketing statement mailed to counsel for appellant.) | | 01-18066 |
10/31/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Appellant Adam Levy, M.D. | | 01-18263 |
10/31/2001 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Beckley Singleton--check no. 087758. | | |
10/31/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appellant Dr. Kenneth Turner. (Docketing statement mailed to counsel for appellant.) | | 01-18264 |
11/06/2001 | Other | Other. Mailed additional documents to Settlement Judge Ara H. Shirinian. | | |
11/15/2001 | Docketing Statement | Filed Docketing Statement. (Levy) | | 01-19082 |
11/19/2001 | Notice/Outgoing | Letter. Ara H. Shirinian. | | |
11/19/2001 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss Appeal or, Alternatively, for Expedited Consideration on the Merits.clerk5 | | 01-19347 |
11/28/2001 | Motion | Filed Response to Motion. Adam Levy, M.D.'s Opposition to Plaintiffs' Motion to Dismiss Appeal. | | 01-19897 |
11/28/2001 | Motion | Filed Response to Motion. Christopher Rogers, M.D., Ltd.,d/b/a Rogers Diagnostice Radiology Center & Raymond W. Yin, M.D.'s Opposition to Respondent's Motion to Dismiss Appeal or, Alternatively, for Expedited Consideration of the Merits. | | 01-19941 |
12/13/2001 | Settlement Program Report | Filed Interim Settlement Program Report. The Settlement Judge suggests that this matter be withdrawn from the settlement program until such time as the motion is decided. | | 01-20974 |
12/18/2001 | Order/Procedural | Filed Order. To date, appellant Turner has failed to file the docketing statement. Appellant Turner shall, within 10 days from the date of this order, file and serve the docketing statement. Failure to file a complete and accurate docketing statement in a timely manner may result in the imposition of sanctions. (Docketing statement mailed to the Beckley firm, counsel for appellant Turner). | | 01-21322 |
12/18/2001 | Order/Procedural | Filed Order. Pursuant to the written request of the settlement judge, this appeal is removed from the settlement conference program pending a decision on respondents' motion to dismiss this appeal for jurisdiction. If this court determines that jurisdiction is proper, settlement conference proceedings pursuant to NRAP 16 shall resume. | | 01-21351 |
01/23/2002 | Order/Procedural | Filed Order/Motion Granted in Part. Granting in Part and Denying in Part Motion to Dismiss. Four parties have appealed from an order granting a new trial in a medical negligence action. Respondent has moved to dismiss the appeals or, alternatively, for expedited resolution on the merits. At the settlement judge's request, this court removed the case from the settlement program pending a decision on the motion to dismiss, but with the caveat that settlement conference proceedings will resume if jurisdiction is proper. We conclude that two appellants are not aggrieved by the order granting their motions for a new trial, and that their appeals must be dismissed, but that this court has jurisdiction over the remaining two parties' appeal, and that it should be returned to the settlement program. We grant the motion to dismiss Dr. Levy's and Dr. Turner's appeals. Because the district court granted their motions for a new trial, they are not aggrieved by the order vacating the judgment against them and they do not have standing to appeal. We deny the motion to dismiss Rogers Diagnostic and Dr. Yin's appeal. Watts contends that the notice of appeal is fatally defective because it designates the wrong order, and because it was improperly served by facsimile. This court will not dismiss an appeal due to a technical defect, however, when it is clear which specific order or judgment is being appealed and the respondent is not mislead. Watts provides no reason for removing this appeal from the settlement program and expediting its resolution, and we perceive none. We therefore deny Watts' motion to expedite and remand this appeal to the settlement program. fn4[The settlement judge shall have 30 days from the date of this order to schedule a settlement conference.] We also deny watts' motion for delay damages and Dr. Levy's motion for attorney fees as a sanction; the motions are meritless. fn5[We vacate our December 12, 2001 order directing Dr. Turner to file and serve his docketing statement.] | | 02-01517 |
01/25/2002 | Notice/Incoming | Filed Substitution of Attorneys. Notice of Substitution of Counsel. Former Appellant Adam Levy, M.D. hereby substitutes Daniel F. Polsenberg of the law firm of Beckley, Singleton, Chtd. As his attorney in the place and stead of former counsel Steve Morris, Morris Pickering & Sanner. | | 02-01787 |
02/04/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: March 6, 2002. | | 02-02297 |
02/11/2002 | Motion | Filed Stipulation/Dismiss Appeal. Stipulation to Dismiss Appellant Ken Turner, M.D.'s appeal. | | 02-02664 |
02/13/2002 | Motion | Filed Motion. Motion for Reconsideration (January 25, 2002, Order). | | 02-02894 |
02/20/2002 | Order/Clerk's | Filed Clerk's Order. On February 11, 2002, respondent and former appellant Kenneth Turner, M.D. filed a stipulation to dismiss Dr. Turner's appeal. On January 23, 2002 this court entered an order granting respondent's motion to dismiss Dr. Turner's appeal. The stipulation is disapproved as moot. | | 02-03200 |
02/21/2002 | Motion | Filed Response to Motion. Opposition to Motion for Reconsideration (Sanctions Requested). | | 02-03324 |
03/18/2002 | Notice/Outgoing | Issued Notice to Provide Proof of Service. (Opposition filed 2/21/02 not served on Beckley firm). Due date: 10 days. | | |
03/18/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: May 6, 2002. | | 02-04806 |
03/25/2002 | Notice/Incoming | Filed Proof of Service. (Opposition to Motion for Reconsideration- service on Beckley firm). | | 02-05295 |
04/08/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 02-06188 |
04/16/2002 | Post-Judgment Order | Filed Order/Rehearing Denied. Dr. Adam Levy seeks rehearing of our January 23, 2002 order dismissing his appeal for lack of jurisdiction. Respondent opposes rehearing, argues that Dr. Levy's submission is frivolous and requests as a special sanction that we partially strike Dr. Levy's affirmative defenses in the district court proceeding. "We deny the petition for rehearing. We also deny respondent's request for special sanctions." Although we agree that the petition is frivolous, respondent provides an inadequate basis for granting the relief she requests. | | 02-06762 |
04/29/2002 | Settlement Order/Procedural | Filed 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). | | 02-07472 |
05/15/2002 | Transcript | Filed Transcript. Proceedings: 01/25/01; 01/26/01; 01/30/01; 01/31/01; 02/01/01; 02/02/01; 02/06/01; 02/07/01; 02/08/01; 02/09/01; 02/13/01; 02/14/01; 02/15/01; and 02/16/01. Court Reporter: Kris Johnson. | | 02-08513 |
06/06/2002 | Order/Procedural | Filed Order. To date, appellants have failed to file a transcript request form with clerk of this court. Because we are unable to determine whether all transcripts necessary for resolution of this appeal have been filed with this court, appellants shall, within 10 days of the date of this order, file and serve a transcript request form setting forth, among other things, the specific trial or hearing dates to be transcribed. | | 02-09886 |
06/12/2002 | Transcript Request | Filed Certificate of No Transcript Request. | | 02-10220 |
08/27/2002 | Brief | Filed Opening Brief. Mailed on: Hand delivered 08/27/02. | | 02-14735 |
08/27/2002 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 3. | | 02-14736 |
09/26/2002 | Brief | Filed Answering Brief. (Bourgalult & Harding). Mailed on: Fed Ex 09/25/02. | | 02-16654 |
09/26/2002 | Appendix | Filed Appendix to Answering Brief. | | 02-16655 |
10/02/2002 | Brief | Filed Answering Brief. (Hilton English & Associates). Mailed on: 09/30/02. | | 02-17060 |
10/03/2002 | Letter/Incoming | Filed Letter. (via fax) from attorney Barbara Johnston of Bourgault & Harding law firm. They will be opposing any motion filed by Dan Polsenberg who mischaracterizes himself as "counsel for respondent." | | 02-17090 |
10/03/2002 | Motion | Filed Motion to Extend Time. Respondent's Request for Extension of Time to File Answering Brief. | | 02-17145 |
10/04/2002 | Motion | Filed Response to Motion. Oppostion to Purported "Respondents' Request for Extension of Time to File Answering Brief." | | 02-17183 |
10/07/2002 | Letter/Incoming | Filed Letter. (original) from attorney Barbara Johnston of Bourgault & Harding law firm. They will be opposing any motion filed by Dan Polsenberg who mischaracterizes himself as "counsel for respondent." | | 02-17301 |
10/10/2002 | Notice/Incoming | Filed Notice of Appearance. Hilton English & Associates for Reliable Medical Care, Inc. and Shelly Fritz. | | 02-17549 |
10/14/2002 | Motion | Filed Motion for Excess Pages. Respondent Adam Levy, M.D.'s Motion to Exceed Page Limit. | | 02-17783 |
10/28/2002 | Motion | Filed Response to Motion. Respondent Patricia Watts' Opposition to Dr. Levy's Deceptively Entitled "Respondent Adam Levy, M.D.'s Motion to Exceed Page Limit," and Request for Sanctions. | | 02-18477 |
10/28/2002 | Brief | Filed Reply Brief. Mailed on: Hand delivered 10/28/02. | | 02-18508 |
10/28/2002 | Appendix | Filed Appendix to Reply Brief. | | 02-18511 |
10/30/2002 | Motion | Filed Motion. Reliable Medical Care join in Respondent Patricia Watts' Opposition to Dr. Levy's Deceptively Entitled "Respondent Adam Levy, M.D.'s Motion to Exceed Page Limit," and Request for Sanctions. | | 02-18711 |
11/15/2002 | Motion | Filed Motion for Permission to File Document. Respondent Dr. Levy's Motion for Leave to File Reply to Respondent Patricia Watts' Opposition to Dr. Levy's Motion to Exceed Page Limit, Etc. | | 02-19716 |
11/22/2002 | Motion | Filed Response to Motion. Respondent Patricia Watts' Opposition to "Respondent Dr. Levy's Motion for Leave to File Reply to Respondent Patricia Watts' Opposition to Dr. Levy's Motion to Exceed Page Limit, Etc." | | 02-20187 |
11/22/2002 | Order/Procedural | Filed Order Denying Motion. Order Denying Motion for Extra Time to file Brief, Motion to File Over-Length Brief and Motion to file Reply, and Imposing Sanctions. fn1[We direct the clerk of this court to amend the caption on the court's docket to conform with the caption on this order.] We deny Dr. Levy's motion for an extension of time to file an answering brief, his motion to file an over-length brief and his motion for leave to file a reply. We direct the clerk of this court to return, unfilled, the brief, appendix and reply received from Dr. Levy. We also agree with Watts that sanctions are warranted against Dr. Levy's counsel, Daniel F. Polsenberg. fn3[We deny Reliable's and nurse Hooper's request for sanctions.] Accordingly, as a sanction for his conduct, Mr. Polsenberg shall personally pay $1000 to Bourgault & Harding within 15 days from the date of this order, and shall provide the clerk of this court with proof of payment within 15 days from the date of payment. | | 02-20188 |
11/22/2002 | Notice/Outgoing | Issued Letter. to attorney Daniel F. Polsenberg. Returned unfiled, the original and two copies of the Answering Brief, the original Appendix to Answering Brief, Volumes 1 through 3, received on October 14, 2002 and the original Reply to Response received on November 15, 2002. | | |
12/23/2002 | Notice/Incoming | Filed Proof of Payment of Sanction. $1000.00 paid by Dan Polsenberg to the law firm of Bourgault & Harding. | | 02-21971 |
12/23/2002 | Motion | Filed Motion. Respondent Dr. Levy's Motion to File Amended Answering Brief. | | 02-21972 |
12/31/2002 | Letter/Incoming | Filed Letter. via fax from attorney Richard T. Bourgault informing this office that a document entitiled "Respondent Patricia Watts' Opposition to Respondent Dr. Levy's Motion to File Amended Answering Brief and Cross-Motion to Impose Substantial Monetary Sanctions Against Daniel F. Polsenberg for Obdurate Conduct and to Disqualify Him from Further Participation in this Case Due to Conflict of Interest" was placed in the mail this day. | | 03-00063 |
01/03/2003 | Motion | Filed Response to Motion. Respondent Patricia Watts' Opposition to "Respondent Dr. Levy's Motion to File Amended Answering Brief" and Cross-Motion to Impose Substantial Monetary Sanctions against Daniel F. Polsenberg for Obdurate Conduct and to Disqualify Him from Further Participation in this Case due to Conflict of Interest. | | 03-00151 |
01/13/2003 | Motion | Filed Motion. Motion for Additional Time in Which to Respond to Opposition. | | 03-00597 |
01/22/2003 | Motion | Filed Motion to Extend Time. Motion for Additional Time in Which to Respond to Opposition. | | 03-01153 |
01/22/2003 | Letter/Incoming | Filed Letter. from attorney Samuel A. Harding. Bourgault & Harding will oppose the Motion for Additional Time in Which to Respond to Opposition submitted by Daniel Polsenberg (via fax). | | 03-01154 |
01/24/2003 | Motion | Filed Response to Motion. Respondent Patricia Watts' Opposition to "Motion for Additional Time in Which to Respond to Opposition". | | 03-01311 |
02/03/2003 | Order/Procedural | Filed Order Denying Motion. Denying Motions to File Amended Answering Brief, For Sanctions, To Disqualify Attorney Daniel F. Polsenberg and for Extensions of Time. On December 23, 2002, Dr. Levy moved for leave to file an amended answering brief and appendix. On January 3, 2003, respondent Patricia Watts filed an opposition and counter-moved for a $30,000 sanction against Dr. Levy's counsel, Daniel F. Polsenberg, and to disqualify Mr. Polsenberg for a conflict of interest. On January 13, 2003, Dr. Levy moved for additional time within which to respond to Ms. Watts ' counter-motions; he asked for seven extra days, up to and including January 17, 2003. Dr. Levy did not file his response on January 17, however; instead, on January 22, 2003, he filed another motion for additional time. Dr. Levy asks that he be given until January 24, 2003, to reply to Ms. Watts' opposition to his motion to file an amended answering brief and to respond to her counter-motions. On January 22, 2003, Ms. Watts' attorneys faxed a letter to this court denouncing Dr. Levy's motions as a sham and warning that they intend to oppose the motion. We deny all these motions. Dr. Levy did not timely file an answering brief, did not show good cause for his delay and may not now file an untimely amended answering brief. Briefing in this appeal is closed. We decline to sanction Mr. Polsenberg. Ms. Watts' request for a $30,000 sanction is as frivolous as Mr. Polsenberg's latest actions. We also decline to disqualify Mr. Polsenberg. If Mr. Polsenberg's representation of Dr. Levy conflicts with Dr. Yin's interests, Ms. Watts is not the proper party to raise the issue. Finally, as we have denied Ms. Watts' counter-motions, we deny Dr. Levy's motions for extra time to respond. We caution counsel for Dr. Levy and Ms. Watts that any further submissions that tend primarily to delay this appeal and waste this court's resources will not be well-received and may result in the imposition of sanctions. | | 03-01750 |
02/03/2003 | Notice/Outgoing | Issued Letter. to attorney Daniel F. Polsenberg. Returned unfiled, "four copies of Respondent Adam Levy, M.D.'S Answering Brief and Appendix to Answering Brief, Vols. 1 through 3, received December 23, 2002 and the original of Dr. Levy's Opposition to Cross-Motion for Sanctions received on January 28, 2003 received January 28, 2003.' | | |
02/05/2003 | Motion | Filed Response to Motion. Respondent Patricia Watts' Opposition to Mr. Polsenberg's Lastest Serial "Moton for Additional Time in Which to Respond to Opposition." | | 03-01989 |
05/12/2003 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. | | 03-08014 |
05/12/2003 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. (SNP03-MS/ML/NB) | | |
06/03/2003 | Order/Dispositional | Filed Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court with instructions to reinstate the judgment it entered on the jury's verdict." SNP03-MS/ML/NB | | 03-09276 |
06/17/2003 | Motion | Filed Motion. Appellant's Verified Memorandum of Costs. | | 03-10127 |
07/01/2003 | Remittitur | Issued Remittitur. Memorandum of Cost and Disbursements allowed and taxed in the amount of $250.00. | | 03-09321 |
07/01/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
07/31/2003 | Remittitur | Filed Remittitur. Received by County Clerk on July 3, 2003. | | 03-09321 |
10/14/2003 | Motion | Filed Motion. Motion to Recall Remittitur for Purpose of Clarifying Respondent's Entitlement to Post-Judgment Interest on Reinstated Judgment from the Date of Its Original Entry. | | 03-16991 |
11/04/2003 | Motion | Filed Response to Motion. Opposition to Motion to Recall Remittitur. | | 03-18342 |
02/12/2004 | Order/Procedural | Filed Order Denying Motion. to Recall Remittitur. On June 3, 2003, this court entered an order that reversed the district court's new trial order and remanded this matter to the district court with instructions to reinstate the judgment it previously entered on the jury's verdict. On July 1, 2003, this court issued its remittitur. Thereafter, respondent Patricia Watts filed a motion to recall the remittitur on the ground that our order "arguably failed to address the quest of interest, as is required by NRAP 37." Respondent Dr. Adam Levy has opposed Watts' motion on the basis that this court's judgment is not ambiguous and does not implicate any NRAP 37 concerns. NRAP 37 does not apply in this case; no uncertainty exists with respect to when interest begins to accrue. Instead, the reinstated judgment requires interest to run from February 23, 2001. We therefore deny respondent Watt's motion to recall the remittitur. fn1[As the Honorable Myron E. Leavitt, Justice, died in office on January 9, 2004, this matter was decided by a two-justice panel. SNP03-MS/NB | | 04-02756 |