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United States Court Cases

Nevada Supreme/Appellate Court Record

SO NV SURGICAL VS. N.A.D., INC. C/W 35135/35170/35697

Case Information: 34853
Short Caption:SO NV SURGICAL VS. N.A.D., INC. C/W 35135/35170/35697Court:Supreme Court
Consolidated:34853*, 35135 , 35170 , 35697 Related Case(s): 31476 , 35135 , 35170 , 35697 , 38060
Lower Court Case(s):Clark Co. - Eighth Judicial District - A334360Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/24/1999 / Kunin, IsraelSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/20/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Harrison Kemp & Jones, Chtd.--check no. 16242.
09/20/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-08867
09/20/1999Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
09/24/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Israel Kunin. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
09/27/1999Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: September 23, 1999. 99-09184
11/15/1999Notice/IncomingFiled Notice. Notice of Change of Address for law firm of Harrison, Kemp & Jones. 99-11241
12/10/1999Filing Fee Returned Filing Fee. Check No. 17002 in the amount of $200.00 returned to Harrison, Kemp & Jones (Filing fee paid on September 20, 1999).
01/18/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-00770
02/09/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellants: 15 days to file the docketing statement and comply with NRAP 9(a); 120 days to file opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel for appellants.) 00-02030
02/22/2000MotionFiled Motion to Consolidate. Appellants' Motion to Consolidate Appeals (Nos. 34853, 35135, 35170). 00-02773
02/25/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 8/13/99, 10/29/99, 1/5/00. To Court Reporter: Patsy Smith and Renee Silvaggio. Nos. 34853, 35135, 35170 00-03012
02/25/2000Docketing StatementFiled Docketing Statement. 00-03013
02/29/2000MotionFiled Motion to Strike. Motion to Strike or Dismiss Plaintiffs' Appellants' Third Amended Notice of Appeal and Amended Notice of Appeal. (Nos. 34853, 35135 & 35170). 00-03194
03/02/2000Notice/IncomingFiled Notice. Receipt of Copy. (Nos. 34853, 35135 and 35170). 00-03327
03/06/2000MotionFiled Response to Motion. Appellants' Opposition to Motion to Strike or Dismiss Plaintiffs' Appellants' Third Amended Notice of Appeal and Amended Notice of Appeal (nos. 34853/35135/35170). 00-03499
03/07/2000MotionFiled Response to Motion. Errata to Appellants' Opposition to Motion to Strike or Dismiss Plaintiffs' Appellants' Third Amended Notice of Appeal and Amended Notice of Appeal (nos. 34853/35135/35170). 00-03580
03/08/2000MotionFiled Motion. oinder in North American Drager's Motion to Strike or Dismiss Plaintiff's/Appellants Third Amended Notice of Appeal and Amended Notice of Appeal (nos. 34853/35153/35170). 00-03666
03/13/2000MotionFiled Motion. Motion to file Rebuttal Points and Authorities in Support of Defendant's Motion to Strike or Dismiss Plaintiffs' Appellants' Third Amended Notice of Appeal and Amended Notice of Appeal. (Nos. 34853, 35135 and 35170). 00-03915
04/25/2000Order/ProceduralFiled Order/Consolidation. We grant appellants' unopposed motion to consolidate the appeals in Docket Nos. 34853, 35135 and 35170. We further conclude that Docket No. 35697 should be consolidated with these appeals as well. Accordingly, we hereby consolidate these appeals for all appellate purposes. The settlement judge assigned to the matters in Docket Nos. 34853, 35135 and 35170 has filed reports with this court indicating that the parties were unable to agree to a settlement of such matters. Cause appearing, we vacate the notice of settlement conference issued on March 3, 2000 in Docket No. 35697. Appellants shall, within 15 days from the date of this order, file a docketing statement in Docket No. 35697. Upon the filing of the docketing statement, this court shall conduct a preliminary review of theses appeals. Court reporters Patsy Smith and Renee Silvaggio shall have 30 days from the date of this order to prepare and complete the transcripts requested by appellant pursuant to the transcript request form filed on February 25, 2000 and to file with this court a certificate of acknowledging delivery of the completed transcripts. Additionally, appellants shall have 15 days from the date of this order to file a transcript request form or certificate of no transcript request in docket no. 35697. Finally, we vacate the briefing schedule set forth in our February 9, 2000 order Docket Nol. 34853. Appellants shall have 120 days from the date of this order within which to file and serve a single opening brief and appendix, addressing the issues raised in each appeal. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). In preparing and assembling the appendix, counsel shall strictly comply with the provisions of NRAP 30. Fn1[We defer ruling on respondents' motions, filed on February 29, 2000 and March 13, 2000, pending completion of our jurisdictional review. (nos. 34853/35153/35170/35697). 00-06720
05/12/2000Notice/IncomingFiled Proof of Service. Receipt of Copy for Docketing Statement (Filed in 35697 per 4/25/00 Order), (nos. 34853/35135/35170/35697).
05/12/2000Transcript RequestFiled Request for Transcript of Proceedings. Filed in 35697 only (Order 4/25/00). Transcripts requested: 8/13/99; 10/26/99; 1/5/00. To Court Reporters: Patsy Smith; Renee Silvaggio. (Nos. 34853, 35135, 35170 & 35697.)
05/26/2000TranscriptFiled Transcript. Proceedings: August 13, 1999. Court Reporter: Patsy K. Smith -- filed in no. 35697 only (nos. 34583/35135/35170/35697.
06/22/2000Order/ProceduralFiled Order/Show Cause. Appellants and cross-appellant shall have 30 days from the date of this order to show cause why these appeals and cross-appeal should not be dismissed for lack of jurisdiction. The preparation of transcripts and briefing schedule in these appeals and cross-appeal shall be suspended pending further order of this court. fn4[We defer ruling on respondents' motions to dismiss and to file a reply filed on February 29, 2000, and March 13, 2000, pending completion of our jurisdictional review.] Nos. 34853, 35135, 35170, 35697. 00-10657
06/29/2000TranscriptFiled Transcript. Proceedings: 10/29/99 and 01/05/00. Court Reporter: Renee Silvaggio--placed in case no. 34853. (nos. 34853/35135/35170/35697). 00-11151
07/24/2000MotionFiled Response to Order to Show Cause. Respondent N.A.D., Inc. Nos. 34853/35135/35170/35697. 00-12777
07/24/2000MotionFiled Response to Order to Show Cause. Respondent Invivo Research, Inc. Nos. 34853/35135/35170/35697. 00-12779
09/18/2000TranscriptFiled Transcript. Proceedings: October 29, 1999 and January 5, 2000. Court Reporter: Renee Silvaggio. C/w 35135/35170/35697. 00-16391
01/17/2001Order/DispositionalFiled Order Dismissing Appeal. These are consolidated appeals and a cross-appeal from multiple orders of the district court. ' . . . we dismiss all of these appeals for lack of jurisdiction.' fn2[The tardiness of the notice of appeal in Docket No. 35697 is an additional ground for dismissing that appeal.] fn3[In light of the dispositions of these appeals and cross-appeal, respondents' motion to strike or dismiss appellants' amended notice of appeal and third amended notice of appeal, and their motion to file a rebuttal are denied as moot.] fn4[If appellants file a new notice of appeal after Invivo's tolling motion is formally resolved, and the appeal is assigned to the settlement program, appellants may request the settlement judge to recommend removal of the case from the program.] SNP00A-1-CY/RR/NB. Nos. 34853, 35135, 35170, 35697. 01-00988
02/13/2001RemittiturIssued Remittitur. 01-01086
02/13/2001Case Status Update Remittitur Issued/Case Closed.
03/13/2001RemittiturFiled Remittitur. Received by County Clerk on February 22, 2001. 01-01086