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United States Court Cases

Nevada Supreme/Appellate Court Record

WENDLAND VS. FOBI

Case Information: 40085
Short Caption:WENDLAND VS. FOBICourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A367144Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/30/2002 / Mills, LamondSP Status:Completed
Oral Argument:01/18/2005 at 1:30 PMOral Argument Location:Carson City
Submission Date:01/18/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/19/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Cohen, Johnson, Day, Jones & Royal--check no. 12440.
08/19/2002Notice 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.) 02-14142
09/05/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William C. Turner. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/06/2002Docketing StatementFiled Docketing Statement. 02-15388
09/10/2002Notice/Outgoing Letter. William C. Turner. (Docketing Statement)
09/30/2002Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Lamond R. Mills.
02/10/2003Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. 03-02319
03/03/2003Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. 03-03448
03/13/2003Order/Clerk'sFiled Clerk's Order Approving Stipulation. Order Partially Dismissing Appeal. Pursuant to the stipulations filed on February 10 and March 3, 2003, this appeal is dismissed as to respondents Theodore Leon, D.O. and Hoil Lee, M.D., only. NRAP 42(b). The clerk of this court shall removed Theodore Leon, D.O. and Hoil Lee, M.D., as respondents from the caption on this court's docket. 03-04239
04/07/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-05829
04/16/2003Settlement 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). 03-06469
04/30/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: June 26, 2002 and July 12, 2002. To Court Reporter: Kristine Moore. 03-07324
08/14/2003MotionFiled Motion to Extend Time. (First Request-60 days requested) 03-13580
10/03/2003Order/ProceduralFiled Order. to file Transcritps and Granting Extension of time to file Opening Brief and Appendix. To date, court reporter Kris Moore has not filed the requested transcripts. Ms. Moore shall have 20 days from the date of this order to prepare and file the transcripts for proceedings conducted on June 26, 2002, and July 12, 2002. If more time is needed to complete the preparation of the transcripts, Ms. Moore shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, Ms. Moore, shall notify this court, in writing, of this fact. On August 14, 2003, appellants filed a motion requesting an extension of time to file the opening brief. Cause appearing, we grant the unopposed motion. Appellants shall have 60 days from the date of this order to file and serve their opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 03-16511
10/14/2003TranscriptFiled Transcript. Proceedings: July 12, 2002 (2). Court Reporter: Kris Moore. 03-17027
12/01/2003Order/ProceduralFiled Order. Regarding Transcripts. On October 3, 2003, this court entered an order directing court reporter Kristine Moore to file the transcripts for proceedings conducted on June 26, 2002 and July 12, 2002. On October 14, 2003, Ms. Moore filed the transcript for proceedings conducted on July 12, 2002. It appears that court reporter Holly Pike, not Ms. Moore, reported the proceedings conducted on June 26, 2002. We conclude the Ms. Moore is not obligated to produce the transcript for proceedings conducted on June 26, 2002. We note that appellants did not serve Ms. Pike with a copy of their transcript request form. If appellants intend to cite to the transcript for proceedings conducted on June 26, 2002, they shall, within 10 days from the date of this order, file and serve a supplemental transcript request form that complies with NRAP 9(a). 03-19880
12/02/2003Notice/OutgoingIssued Notice of Deficient Brief. Returned Unfiled Appellant's Opening Brief. Corrected brief due: 10 days.
12/02/2003Notice/OutgoingIssued Notice of Deficient Appendix. Returned Unfiled Appendix to Appellant's Opening Brief. Corrected appendix due: 10 days.
12/08/2003Transcript RequestFiled Request for Transcript of Proceedings. Supplemental Request for Transcript of Proceedings. Transcripts requested: June 26, 2002 and July 12, 2002. To Court Reporter: Holly Pike. 03-20369
12/15/2003BriefFiled Opening Brief. 03-20843
12/15/2003AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 03-20845
01/07/2004MotionFiled Motion to Extend Time. Respondent, Mathias Fobi, M.D.'s Notice of Motion and Motion for 60-day Extension of Time to File Respondent's Brief; Memorandum of Points and Authorities; Affidavit of Laura Lucero; Proposed Order. 04-00319
01/16/2004BriefFiled Answering Brief. (William Schofield). 04-00988
01/20/2004Order/ProceduralFiled Order Granting Motion. filed January 7, 2004. Respondent Fobi shall have until March 15, 2004, to file and serve the answering brief and any supplemental appendix. Appellants shall have 30 days from service of respondent Fobi's answering brief to file and serve a single reply brief, if deemed necessary. 04-01094
02/17/2004BriefFiled Reply Brief. Appellants Patricia Wendland and Auan C. Van Otten. (Reply to Schofield's AB). 04-03027
03/16/2004BriefFiled Answering Brief. Respondent Mathias Fobi, M.D.'s Answering Brief. 04-04951
03/16/2004AppendixFiled Appendix to Answering Brief. (Fobi) 04-04952
03/26/2004AppendixFiled Appendix. Respondent Mathias Fobi, M.D.'s Notice of Erratum to Respondent's Appendix. 04-05667
04/15/2004BriefFiled Reply Brief. 04-06948
06/18/2004Notice/IncomingFiled Notice. Respondent Mathias Fobi, M.D.'s Notice of Suggestion of Death Pursuant to NRAP 43(a). 04-11140
06/29/2004Order/ProceduralFiled Order. The briefing of this appeal was completed on April 15, 2004. Respondent Mathias Fobi, M.D., has filed a suggestion of death on the record pursuant to NRAP 43(a) informing this court that appellant Auna C. Van Otten died on or about December 10, 2003. Counsel for Ms. Van Otten shall have 15 days from the date of this order to: (1) file a motion for substitution of the personal representative of Ms. Van Otten as an appellant in this appeal; (2) inform this court whether additional time is required for the substitution of a personal representative; or (3) inform this court that Ms. Van Otten has no personal representative. See NRAP 43(a). 04-11881
07/06/2004MotionFiled Motion to Extend Time. Appellant's Motion to Extend Time to Substitute Personal Representative of Auna C. Van Otten. 04-12345
07/08/2004Order/ProceduralFiled Order Granting Motion. Appellants have filed a motion requesting a 60-day extension of time to file a substitution of personal representative for Auna C. Van Otten. Cause appearing, we grant the motion. Appellants shall have until September 13, 2004, to file and serve a substitution of personal representative. 04-12500
07/27/2004MotionFiled Motion. Appellant's Motion to Substitute Ellen Dolese as Personal Representative for Appellant Auna Van Otten. 04-13659
08/06/2004Order/ProceduralFiled Order Granting Motion. to Substitute Personal Representative as an Appellant. Counsel for Ms. Van Otten has filed a motion to substitute Ellen Dolese as the personal representative of Ms. Van Otten as an appellant in this appeal. We grant the motion. NRAP 43(a). The clerk of this court shall substitute "Ellen Dolese, as personal representative for Auna C. Van Otten, deceased" as appellant in place of Auna C. Van Otten on the caption on this court's docket. 04-14246
11/23/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 18, 2005, at 1:30 p.m. (NNP05-WM/MD/RP)
01/04/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
01/18/2005Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP05-WM/MD/RP
04/21/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP05-WM/MD/RP 05-07799
05/17/2005RemittiturIssued Remittitur. 05-07912
05/17/2005Case Status Update Remittitur Issued/Case Closed.
06/01/2005RemittiturFiled Remittitur. Received by County Clerk on May 19, 2005. 05-07912