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United States Court Cases

Nevada Supreme/Appellate Court Record

MEDICAL DEVICE ALLIANCE VS. AHR C/W 35013

Case Information: 34586
Short Caption:MEDICAL DEVICE ALLIANCE VS. AHR C/W 35013Court:Supreme Court
Consolidated:34586*, 35013 Related Case(s): 35013 , 35039 , 36012 , 36022 , 39294 , 40011
Lower Court Case(s):Clark Co. - Eighth Judicial District - A400852Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:08/04/1999 / Levitt, LansfordSP Status:Completed
Oral Argument:06/15/2000 at 11:30 AMOral Argument Location:Carson City
Submission Date:06/15/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/29/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from International Intergrated Industries-check no. 334.
07/29/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-06940
08/04/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/02/1999MotionFiled Motion to Dismiss Appeal. 99-08267
09/13/1999MotionFiled Response to Motion. Opposition to Plaintiffs' Motion to Dismiss Appeal. 99-08591
09/20/1999MotionFiled Motion for Stay. Emergency Motion to Stay Order Appointing Receiver. 99-08885
09/27/1999MotionFiled Response to Motion. Receiver's Response to Emergency Motion to Stay Order Appointing Receiver. 99-09177
09/27/1999MotionFiled Response to Motion. Opposition to Emergency Motion to Stay Order Appointing Receiver. 99-09178
10/07/1999MotionFiled Motion for Permission to File Document. Motion for Leave to file Reply Brief. 99-09693
10/15/1999MotionFiled Response to Motion. Opposition to Motion for Leave to File Reply Brief. 99-10016
11/29/1999Opinion/Non-DispositionalFiled Per Curiam Opinion. Motion to dismiss appeal based on lack of jurisdiction. "Motion denied." Before Young, Agosti and Leavitt, JJ. Per Curiam. NNP99B-CY/DA/ML 115 Nev. Adv. Opn. No. 46. 99-11794
11/29/1999Order/ProceduralFiled Order Denying Motion. We deny the motion for a stay of the district court's order appointing a temporary receiver. fn2[Appellant moved to file a reply, which motion respondents opposed. We grant the motion and instruct the clerk of the court to file the reply received on October 7, 1999]. 99-11795
11/29/1999MotionFiled Reply to Response. Reply in Support of Emergency Motion to Stay Order Appointing Receiver. 99-09694
12/28/1999RemittiturIssued Remittitur. 01/06/00 Order: remittitur recalled. Remittitur inadvertently and improperly issued on 12/28/99. 99-13249
12/28/1999Case Status Update Remittitur Issued/Case Closed.
01/06/2000Order/ProceduralFiled Order. Order Recalling Remittitur. On November 29, 1999, this court entered an opinion which denied respondents' motion to dismiss this appeal. On December 28, 1999, the clerk of this court inadvertently and improperly issued the remittitur. We hereby recall the remittitur in this matter. The settlement judge shall have 60 days from the date of this order to file a report informing this court of the status of the settlement negotiations in this matter. 00-00209
01/06/2000Order/ProceduralFiled Order/Consolidation. We consolidate these two appeals, Docket No. 34586 and Docket No. 35013. We vacate the notice of settlement conference in these cases and remove these matters from the settlement conference program. Appellant shall have 15 days from the date of this order to comply with NRAP 9(a) and 45 days to file and serve the opening brief and appendix in these consolidated appeals. The respondents shall file and serve the answering brief within 20 days after service of the opening brief. The appellants' reply brief, if any, shall be served and filed within 10 days after service of the answering brief. Nos. 34586, 35013. 00-00213
01/18/2000Order/Clerk'sFiled Clerk's Order. On January 6, 2000, this court ordred these appeals consolidated and removed them from the settlement conference program. Appellant in Docket No. 34586 and appellant in Docket No. 35013 shall each have 15 days from the date of this order to file and serve a docketing statement. (No. 34586: docketing statement mailed to counsel for appellant. No. 35013: docketing statement mailed to counsel for appellant Jones Vargas and Jolley firm). 00-00798
01/19/2000Letter/IncomingFiled Letter. Affidavit of Robert A. Brown re: Appellants' Appendix (nos. 33525/33707). 00-00875
01/19/2000Letter/IncomingFiled Letter. Courtesy copy of letter sent to George C. Swarts, Receiver Medical Device Alliance from Ilan K. Reich of Inamed (nos. 34586/35013). 00-00875
01/21/2000Transcript RequestFiled Request for Transcript of Proceedings. 04/05/99; 06/28/99; 08/30/99; 08/31/99; 09/07/99; 10/04/99; 10/19/99; 10/21/99; 11/23/99; 12/01/99; 12/07/99; 12/10/99 12/15/99; and 12/17/99 Transcripts requested: To Court Reporter: Kristine Cornelius. (nos. 34586/35013). 00-01032
01/24/2000Transcript RequestFiled Request for Transcript of Proceedings. Joinder in Request for Transcript of Proceedings. (nos. 34586 and 35013). 00-01121
02/03/2000Order/ProceduralFiled Order. Modifying Briefing Schedule. On January 6, 2000, this court reinstated briefing. This order is intended to clarify and modify the briefing schedule. Appellants shall have 30 days from the date of this order to file and serve their respective opening briefs and appendices in these consolidated appeals. The respondents shall file and serve their respective answering briefs within 20 days after service of the opening brief. The appellants' reply briefs, if any, shall be served and filed within 10 days after service of the answering brief. An extension of this briefing schedule shall only be granted in extreme and unforeseeable circumstances warranting such an extension. Nos. 34586, 35013. 00-01751
02/09/2000Docketing StatementFiled Docketing Statement. Filed Joint Docketing Statement of Appellants in Docket Nos. 34586 & 35013. Case Nos. 34586 & 35013. 00-02074
02/09/2000Docketing StatementFiled Response to Docketing Statement. Filed Response to Docketing Statement of Respondents in Docket 34586. Case Nos. 34586 & 35013. 00-02075
02/24/2000TranscriptFiled Transcript. Proceedings: 4/5/99, 12/7/99, 12/10/99, 12/15/99, 12/17/99. Court Reporter: Kristine Cornelius. (Nos. 34586, 35013) 00-02945
03/03/2000MotionFiled Motion. Joint Motion to Modify Briefing Schedule (Nos. 35013, 34586) 00-03381
03/06/2000TranscriptFiled Transcript. (SEALED). Proceedings: December 15, 1999. Court Reporter: Kristine Cornelius. Nos. 34586, 35013. (Transcript filed in no. 34586) 00-03481
03/17/2000Order/ProceduralFiled Order Granting Motion. Appellants shall have until March 27, 2000, to serve (by hand delivery) and file a joint opening brief and appendix. The respondents shall have until April 26, 2000, to serve (by hand delivery) and file a joint answering brief. The appellants shall have until May 8, 2000, to serve and file a joint reply brief. fn1[This order issues close to the requested deadline for the opening brief. In light of this fact, the court will extend all of the requested deadlines by one week. The clerk of the court is directed to modify the caption appearing on this court's docket to reflect the caption set forth above.] Nos. 34586, 35013. 00-04310
03/30/2000BriefFiled Opening Brief. Appellant's Joint Opening Brief. Mailed on: 3/27/00. No. 34586 & 35013. 00-05173
03/30/2000AppendixFiled Joint Appendix. Appellant's Appendix to Joint Opening Brief. Vols. 1 through 9. Nos. 34586 & 35013. 00-05175
04/03/2000Notice/IncomingFiled Proof of Service. for Appellants' Appendix to Joint Opening Brief. Nos. 34586, 35013. Document no. 00-5293.
04/21/2000Order/ProceduralFiled Order. Appellants shall have 10 days from the date of this order within which to file a response informing this court, court reporter Kristine Cornelius and the parties to this appeal if any transcripts remain to be prepared and filed in this court (nos. 34586/35013). 00-06401
04/27/2000BriefFiled Answering Brief. Mailed on: LV Drop Box-4/26/00. Case Nos. 34586 and 35013. 00-06870
04/27/2000AppendixFiled Appendix to Answering Brief. Volumes 1 and 2. Case Nos. 34586 and 35013. 00-06871
05/01/2000MotionFiled Motion. Request for oral argument. Via fax. Nos. 34586, 35013. 00-07006
05/01/2000Notice/IncomingFiled Proof of Service. (Respondent's Answering Brief - nos. 35013/34586). 00-07025
05/01/2000MotionFiled Motion for Stay. Emergency Motion for Stay Pending Appeal. Via fax. Nos. 34586, 35013. 00-07108
05/02/2000MotionFiled Motion. Request for Oral Argument (ORIGINAL--filed via fax on 5/1/00). Nos. 34586, 35013 00-07106
05/02/2000MotionFiled Motion for Stay. Emergency Motion for Stay Pending Appeal. (ORIGINAL--filed via fax on 5/1/00.) Nos. 34586, 35013) 00-07120
05/03/2000MotionFiled Response to Order to Show Cause. Response to This Court's April 21, 2000 Order (re transcripts). Nos. 34586, 35013. 00-07222
05/04/2000Order/ProceduralFiled Order Denying Motion. Order Denying Motion for Stay. Appellant Donald McGhan has filed a motion for a stay of an order directing the transfer of certain furniture and stock warrants to the receiver whom the district court appointed to oversee the affairs of Medical Device Alliance, Inc. We deny appellant's motion. Nos. 34586, 35013. 00-07238
05/04/2000AppendixFiled Appendix. Supplemental Appendix pursuant to this Court's April 1, 2000, Order. Nos. 34586, 35013. 00-07337
05/08/2000Order/ProceduralFiled Order Granting Motion. On May, 2000, appellant McGhan filed a request for oral argument. We grant the request, and we direct the clerk of this court to schedule this matter or oral argument on the court's June 2000 en banc calendar. Nos. 34586, 35013. 00-07441
05/08/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for June 15, 2000 at the hour of 11:30 a.m. for 1/2 hour in Carson City.(Nos. 34586 and 35013) (En Banc) 00-07488
05/11/2000BriefFiled Reply Brief. Mailed on: 5/8/00. Appellant's Joint Reply Brief. Nos. 34586 & 35013. 00-07836
05/11/2000MotionFiled Motion. Nos. 35013, 34586. Document no. 00-07847
05/12/2000Order/ProceduralFiled Order. Order Shortening Time. On May 11, 2000, appellants McGhan and Medical Device Alliance, Inc., moved to supplement the appellate court record in these consolidated appeals. Cause appearing, any opposition or response to appellants' motion shall be filed with the clerk of this court on or before Tuesday, May 16, 2000. That portion of NRAP 25(1)(a) which provides that a document is timely filed if, on or before the last day of filing, it is mailed or dispatched to the clerk of this court, shall not apply to the filing of any response. Respondents may, however, on or before May 16, 2000, file a copy of the response with the clerk of this court by facsimile transmission. The original shall be mailed to the clerk of this court on the same date as the facsimile transmission. Nos. 34586, 35013. 00-07902
05/16/2000MotionFiled Response to Motion. (Filed via fax per 5/16/00 order.) Nos. 34586, 35013. 00-08209
05/18/2000MotionFiled Response to Motion. ORIGINAL of Response in Opposition to Motion to Supplement Record on Appeal (faxed on 5/16/00-nos. 34586/350113). 00-08316
05/26/2000Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 34586 and 35013) 00-08892
05/30/2000Order/ProceduralFiled Order Denying Motion. On May 11, 2000, appellants Medical Device Alliance, Inc., and McGhan moved to supplement the appellate court record. Respondents have opposed the motion. We deny the motion. Nos. 34586, 35013. 00-09013
06/05/2000BriefFiled Supplemental Authorities. Nos. 35013, 34586. Doc. No. 00-09453.
06/09/2000MotionFiled Motion to Extend Time. Respondents' Motion to Extend Time to File Opposition to Appellants' Supplemental Authorities. (Filed via Fax--ok per AH.) Nos. 34586, 35013 00-09812
06/09/2000Other Other. Received Opposition to Appellants' Supplemental Authorities. (Filed via Fax--ok per AH.) Nos. 34586, 35013 00-09813
06/09/2000Order/ProceduralFiled Order Granting Motion. The clerk of this court shall forthwith file "Respondents' Opposition to Appellants' Supplemental Authorities" received on June 9, 2000. Nos. 34586, 35013. 00-09817
06/09/2000MotionFiled Response to Motion. Opposition to Appellants' Supplemental Authorities. Nos. 34586, 35013. 00-09813
06/12/2000MotionFiled Motion. Motion to Allow Appellants 15 Additional Minutes for Oral Argument on June 15, 2000. Nos. 34586, 35013. (Filed via fax--ok per JB.) 00-09878
06/12/2000MotionFiled Response to Motion. Opposition to Motion to Allow Appellant 15 Additional Minutes for Oral Argument on June 15, 2000. (filed via fax) Nos. 34586, 35013 00-09934
06/13/2000MotionFiled Motion to Extend Time. Respondents' Motion to Extend Time to File Opposition to Appellants' Supplemental Authorities. (ORIGINAL--filed via fax on 6/9/00.) Nos. 34586, 35013 00-09963
06/13/2000MotionFiled Response to Motion. Opposition to Appellants' Supplemental Authorities. (ORIGINAL--filed via fax on 6/9/00). Nos. 34586, 35013. 00-09964
06/13/2000MotionFiled Motion. Motion for Leave to File Joinder in Support of Appellant Donald McGhan (No. 35013) and Appellant Medical Device Alliance (No. 34586). 00-09966
06/13/2000MotionFiled Motion. Motion to Allow Appellants 15 Additional Minutes for Oral Argument on June 15, 2000. (ORIGINAL-filed via fax on 6/12/00) Nos. 34586, 35013. 00-09973
06/13/2000Notice/IncomingFiled Proof of Service. on Motion for Leave to file Joinder. (Filed via fax--ok per AH.) Nos. 34586, 35013. 00-10020
06/13/2000Notice/IncomingFiled Notice. Errata (to motion to supplement record on appeal). (Filed via fax--ok per AH.) Nos. 35013, 34586. 00-10021
06/13/2000MotionFiled Response to Motion. Opposition to Motion for Leave to File Joinder in Support of Appellant Donald McGhan (No. 35013) and Appellant Medical Device Alliance (No. 34586). (filed via fax--ok per AH) Nos. 34586. 35013 00-10028
06/13/2000Order/ProceduralFiled Order Denying Motion. Appellants Medical Device Alliance, Inc., and Donald K. McGahan have filed a motion requesting an additional fifteen minutes to present their oral argument in these consolidated appeals. Respondents have opposed the motion. No good cause appearing, we deny the motion. Nos. 34586, 35013. 00-10034
06/14/2000MotionFiled Response to Motion. ORIGINAL Opposition to Motion to Allow Appellants 15 Minutes for Oral Argument on June 15, 2000 (filed via fax 6/13/00 nos. 35013/34586). 00-10088
06/15/2000Order/ProceduralFiled Order Denying Motion. On June 13, 2000, the "Intervening Corcoran Shareholders" filed a motion seeking leave to file a joinder in the above-entitled appeals taken by appellants Medical Device Alliance, Inc., and Donald K. McGhan. Respondents oppose the motion. No good cause appearing, we deny the motion. Nos. 34586, 35013. 00-10179
06/15/2000Case Status Update Submitted for Decision. Panel: En Banc. RR/CY/WM/MS/DA/ML/NB. Nos. 34586, 35013
06/15/2000Notice/IncomingFiled Notice. Errata to Joint Reply Brief (nos. 35013/34586). 00-10243
06/15/2000Notice/IncomingFiled Proof of Service. (Motion for Leave to File Joinder-nos. 35013/34586). 00-10244
06/15/2000MotionFiled Response to Motion. Opposition to Motion for Leave to File Joinder in Support of Appellant Donald McGhan (Appeal No. 35013) and Appellant Medical Device Alliance (Appeal No. 34586). Nos. 35013/34586. 00-10245
06/20/2000MotionFiled Response to Motion. Point of Order Regarding False Accusations of Misconduct Made Against Medical Device Alliance's Counsel of Record in Proceedings before the Court on June 15, 2000 (nos. 35013/34586). Okay to file per Andy. 00-10796
06/27/2000MotionFiled Response to Motion. Response to Point of Order Filed by Attorney Cooper regarding Violation of Supreme Court Rule 182. Nos. 34586, 35013. 00-10996
08/22/2000MotionFiled Motion for Stay. Joint Request for Stay of Decision on Appeal for 60 Days. (filed via fax) Nos. 34586/35013. 00-14765
08/23/2000MotionFiled Motion for Stay. Joint Request for Stay of Decision on Appeal for 60 Days. (ORIGINAL--filed via fax on 8/22/00.) Nos. 34586/35013. 00-14784
08/24/2000Order/ProceduralFiled Order Denying Motion. On August 22, 2000, the parties filed a joint request to stay the court's decision in these consolidated appeals for sixty days to allow the parties "to discuss settlement of the underlying case." No good cause appearing, we deny the parties request (nos. 34586/35013). 00-14907
08/25/2000Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court En Banc. Per Curiam. 116 Nev. Adv. Opn. No. 91. En Banc. Nos. 34586/35013 00-14942
09/20/2000RemittiturIssued Remittitur. 00-14997
09/20/2000Case Status Update Remittitur Issued/Case Closed.
03/18/2002RemittiturFiled Remittitur. Received by County Clerk on February 28, 2002. 00-14997
04/09/2008Notice/IncomingReceived Proof of Service.