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United States Court Cases

Nevada Supreme/Appellate Court Record

ROGERS VS. WATTS

Case Information: 38607
Short Caption:ROGERS VS. WATTSCourt:Supreme Court
Related Case(s): 39585 , 42156
Lower Court Case(s):Clark Co. - Eighth Judicial District - A361891Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/24/2001 / Shirinian, AraSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:05/12/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/11/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Offices of Skinner Sutton & Watson--check no. 2321.
10/11/2001Notice of Appeal DocumentsFiled 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
10/24/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Ara H. Shirinian. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/29/2001Docketing StatementFiled Docketing Statement. (Rogers & Yin). 01-18024
10/29/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Morris Pickering & Sanner--check no. 13401.
10/29/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appellant Adam Levy, M.D. (Docketing statement mailed to counsel for appellant.) 01-18066
10/31/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Appellant Adam Levy, M.D. 01-18263
10/31/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley Singleton--check no. 087758.
10/31/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appellant Dr. Kenneth Turner. (Docketing statement mailed to counsel for appellant.) 01-18264
11/06/2001Other Other. Mailed additional documents to Settlement Judge Ara H. Shirinian.
11/15/2001Docketing StatementFiled Docketing Statement. (Levy) 01-19082
11/19/2001Notice/Outgoing Letter. Ara H. Shirinian.
11/19/2001MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeal or, Alternatively, for Expedited Consideration on the Merits.clerk5 01-19347
11/28/2001MotionFiled Response to Motion. Adam Levy, M.D.'s Opposition to Plaintiffs' Motion to Dismiss Appeal. 01-19897
11/28/2001MotionFiled 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
12/13/2001Settlement Program ReportFiled 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
12/18/2001Order/ProceduralFiled 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
12/18/2001Order/ProceduralFiled 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
01/23/2002Order/ProceduralFiled 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
01/25/2002Notice/IncomingFiled 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
02/04/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 6, 2002. 02-02297
02/11/2002MotionFiled Stipulation/Dismiss Appeal. Stipulation to Dismiss Appellant Ken Turner, M.D.'s appeal. 02-02664
02/13/2002MotionFiled Motion. Motion for Reconsideration (January 25, 2002, Order). 02-02894
02/20/2002Order/Clerk'sFiled 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
02/21/2002MotionFiled Response to Motion. Opposition to Motion for Reconsideration (Sanctions Requested). 02-03324
03/18/2002Notice/OutgoingIssued Notice to Provide Proof of Service. (Opposition filed 2/21/02 not served on Beckley firm). Due date: 10 days.
03/18/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: May 6, 2002. 02-04806
03/25/2002Notice/IncomingFiled Proof of Service. (Opposition to Motion for Reconsideration- service on Beckley firm). 02-05295
04/08/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-06188
04/16/2002Post-Judgment OrderFiled 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
04/29/2002Settlement Order/ProceduralFiled 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
05/15/2002TranscriptFiled 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
06/06/2002Order/ProceduralFiled 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
06/12/2002Transcript RequestFiled Certificate of No Transcript Request. 02-10220
08/27/2002BriefFiled Opening Brief. Mailed on: Hand delivered 08/27/02. 02-14735
08/27/2002AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 02-14736
09/26/2002BriefFiled Answering Brief. (Bourgalult & Harding). Mailed on: Fed Ex 09/25/02. 02-16654
09/26/2002AppendixFiled Appendix to Answering Brief. 02-16655
10/02/2002BriefFiled Answering Brief. (Hilton English & Associates). Mailed on: 09/30/02. 02-17060
10/03/2002Letter/IncomingFiled 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
10/03/2002MotionFiled Motion to Extend Time. Respondent's Request for Extension of Time to File Answering Brief. 02-17145
10/04/2002MotionFiled Response to Motion. Oppostion to Purported "Respondents' Request for Extension of Time to File Answering Brief." 02-17183
10/07/2002Letter/IncomingFiled 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
10/10/2002Notice/IncomingFiled Notice of Appearance. Hilton English & Associates for Reliable Medical Care, Inc. and Shelly Fritz. 02-17549
10/14/2002MotionFiled Motion for Excess Pages. Respondent Adam Levy, M.D.'s Motion to Exceed Page Limit. 02-17783
10/28/2002MotionFiled 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
10/28/2002BriefFiled Reply Brief. Mailed on: Hand delivered 10/28/02. 02-18508
10/28/2002AppendixFiled Appendix to Reply Brief. 02-18511
10/30/2002MotionFiled 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
11/15/2002MotionFiled 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
11/22/2002MotionFiled 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
11/22/2002Order/ProceduralFiled 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
11/22/2002Notice/OutgoingIssued 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.
12/23/2002Notice/IncomingFiled Proof of Payment of Sanction. $1000.00 paid by Dan Polsenberg to the law firm of Bourgault & Harding. 02-21971
12/23/2002MotionFiled Motion. Respondent Dr. Levy's Motion to File Amended Answering Brief. 02-21972
12/31/2002Letter/IncomingFiled 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
01/03/2003MotionFiled 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
01/13/2003MotionFiled Motion. Motion for Additional Time in Which to Respond to Opposition. 03-00597
01/22/2003MotionFiled Motion to Extend Time. Motion for Additional Time in Which to Respond to Opposition. 03-01153
01/22/2003Letter/IncomingFiled 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
01/24/2003MotionFiled Response to Motion. Respondent Patricia Watts' Opposition to "Motion for Additional Time in Which to Respond to Opposition". 03-01311
02/03/2003Order/ProceduralFiled 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
02/03/2003Notice/OutgoingIssued 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.'
02/05/2003MotionFiled 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
05/12/2003Order/ProceduralFiled 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
05/12/2003Case Status Update Submitted for Decision. To the Southern Nevada Panel. (SNP03-MS/ML/NB)
06/03/2003Order/DispositionalFiled 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
06/17/2003MotionFiled Motion. Appellant's Verified Memorandum of Costs. 03-10127
07/01/2003RemittiturIssued Remittitur. Memorandum of Cost and Disbursements allowed and taxed in the amount of $250.00. 03-09321
07/01/2003Case Status Update Remittitur Issued/Case Closed.
07/31/2003RemittiturFiled Remittitur. Received by County Clerk on July 3, 2003. 03-09321
10/14/2003MotionFiled 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
11/04/2003MotionFiled Response to Motion. Opposition to Motion to Recall Remittitur. 03-18342
02/12/2004Order/ProceduralFiled 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