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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 29995
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9505691Classification:Civil Appeal - General - Other
Disqualifications:Agosti, YoungCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:10/09/2000 at 9:30 AMOral Argument Location:Carson City
Submission Date:10/09/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
02/19/1997Filing FeeReceived Filing Fee Paid on Filing. $100.00 from Kevin J. Mirch-check no. 4745.
02/19/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
02/19/1997OtherDisqualification of Justice Young. Voluntary recusal of Justice Young from participation in this matter. Law firm of Lionel, Sawyer & Collins.
03/03/1997Docketing StatementFiled Docketing Statement.
05/06/1997Order/ProceduralFiled Case Processing Order. Appellant shall have 30 days from the date of this order to show cause why this appeal should not be dismissed for lack of jurisdiction. In responding to this order, appellant shall submit documentation that establishes this court's jurisdiction, including but not limited to, the district court's January 14, 1997 order. The preparation of transcripts and briefing schedule in this appeal are suspended pending our resolution of the jurisdictional issue presented.
05/09/1997MotionFiled Motion. Respondent's motion to dismiss appeal.
05/22/1997MotionFiled Response to Motion. Appellant's opposition to motion to dismiss appeal and response to the court's order to show cause.
06/05/1997MotionFiled Response to Order to Show Cause. Response to court's order dated May 6, 1997 re Jurisdiction of appeal.
03/09/1998Order/ProceduralFiled Case Processing Order. We direct the clerk of the district court to transmit a certified copy of the amended notice of appeal (filed on February 18, 1997) to this court within 10 days from the date of this order. The clerk shall amend the caption to reflect the additional respondents in this matter.
04/23/1998Notice of Appeal DocumentsFiled Documents from District Court Clerk. Certified copy of amended notice of appeal. Filed in the district court on February 18, 1997.
04/30/1998Other Other. Notice of modification of caption. If any party to this matter is of the opinion that the caption, as modified, does not accurately reflect the status of the parties to this appeal, please provide written notice to the office of the clerk within 10 days. (Docket sheet corrected and additional case cards prepared.)
05/07/1998Letter/IncomingReceived Letter. And exhibits from attorney Allen Wilt re: modification of caption.
05/07/1998Docketing StatementReceived Docketing Statement.
05/08/1998Docketing StatementFiled Docketing Statement. Amended docketing statement.
05/21/1998Order/ProceduralFiled Case Processing Order. On May 6, 1997, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. On May 9, 1997, moving respondents filed a motion to dismiss this appeal on grounds unrelated to this court's previous order. Appellant filed an opposition to the motion to dismiss on May 22, 1997, and replied to this court's order on June 5, 1997. Appellants shall have 30 days from the date of this order to show cause why respondents Columbia/HCA Healthcare Corp., Hospital Corp. of America (a Tennessee corporation), Hospital Corp. of America (a West Vriginia corporation), and Health Services Acquisition Corp. should not be dismissed from this appeal. The moving respondents argue in their motion to dismiss that this court is without jurisdiction to consider this appeal because appellant failed to file a notice of appeal after the judgment of February 25, 1997 was entered and notice of entry of judgment was served. The district court had formally resolved all claims against all parties, and there was nothing further for it to consider. Therefore, appellant properly appealed from a final, written judgment. Appellant shall have 15 days from the date of this order to comply with the provisions of NRAP 9(a) and 120 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).
06/02/1998Transcript RequestFiled Certificate of No Transcript Request. 01-13873
08/21/1998MotionFiled Motion to Extend Time. In which to file appellant's opening brief.
08/26/1998Order/Clerk'sFiled Clerk's Order. The motion filed August 21, 1998, is denied as moot. Pursuant to order of this court entered on May 21, 1998, the opening brief is not due to be filed until September 18, 1998.
09/16/1998MotionFiled Stipulation and Order. That appellant may have to and including October 19, 1998, within which to file the opening brief.
10/19/1998BriefFiled Brief. Appellant's opening brief. (Mailed on: Hand delivered 10/19/98.)
10/19/1998AppendixFiled Appendix. Joint appendix, Volume 1 through 6--Volumes 4 and 5 filed under SEAL.
11/04/1998MotionFiled Stipulation and Order. That respondent may have to and including December 18, 1998, within which to file the answering brief.
12/01/1998MotionFiled Stipulation. To correct caption.
12/18/1998BriefFiled Brief. Respondent's answering brief. (Mailed on: Hand delivered 12/18/98.) (NV Psychiatric Co., Cury and Columbia/HCA Information Services, Inc.)
12/18/1998AppendixFiled Appendix. Supplemental joint appendix filed under SEAL.
12/21/1998BriefFiled Brief. Respondent's answering brief. (Mailed on: 12/18/98.) (Rich, Richnak, Chappel, Bittker and Howle.)
01/15/1999MotionFiled Stipulation and Order. That appellant shall have to and including February 22, 1999, to file the reply brief.
02/24/1999BriefFiled Brief. Appellant's reply brief. (Mailed on: 2/22/99.)
03/30/1999Order/ProceduralFiled Case Processing Order. Partially dismissing appeal. The parties have filed a stipulation to correct the caption that appears on this court's docket. We elect to treat the parties' stipulation as a stipulation to dismiss the appeal as to certain respondents, and we approve the stipulation. This appeal is dismissed as to respondents Columbia/HCA Healthcare Corp., a Delaware Corporation; Hospital Corporation of America, a Tennessee Corporation; and Health Services Acquisition Corp., a Nevada Corporation. The clerk shall amend the caption to reflect only those respondents remaining as parties to this appeal. (Docket sheet and case cards corrected.) SNP99A-WM/DA/NB
08/10/2000OtherDisqualification of Justice Agosti.
08/28/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 9, 2000 at 9:30 a.m. in Carson City. (NNP00A-RR/MS/ML) 00-15095
09/21/2000Notice/OutgoingIssued Oral Argument Reminder Notice.
10/09/2000Case Status Update Submitted for Decision. Northern Nevada Panel: NNP00A-RR/MS/ML.
12/28/2000Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. We conclude that Clark has overcome the presumption of respondents' immunity by a preponderance of the evidence pursuant to sec. 11112(a)(1). We therefore " . . . reverse the district court's order of summary judgment and remand the case for further proceedings." fn3[The Honorable Deborah A. Agosti, Justice, voluntarily recused herself from the consideration of this appeal. NNP00A-RR/MS/ML 00-22596
01/16/2001Filing FeeReceived Filing Fee Paid on Filing. $100 from Lionel Sawyer & Collins--check no. 024501.
01/16/2001Post-Judgment PetitionFiled Petition for Rehearing. Hand-delivered 01/16/01. 01-00878
01/16/2001MotionFiled Motion. Joinder in Petition for Rehearing. 01-00922
02/02/2001Order/ProceduralFiled Order. Appellant shall have 20 days from the date of this order to file an answer to the petition for rehearing. 01-02243
02/22/2001MotionFiled Motion to Extend Time. Motion for Enlargement of Time in Which to file Answer to Petition (First Request). 01-03420
02/27/2001Order/ProceduralFiled Order Granting Motion. Appellant shall have until March 26, 2001, to file and serve the answer to the petition for rehearing. 01-03653
03/27/2001Post-Judgment PetitionFiled Answer to Petition for Rehearing. 05/02/01 order: "Exhibit A" to appellant's answer--STRICKEN. 01-05391
03/28/2001Notice/OutgoingIssued Notice to Provide Proof of Service. Service on Osborne Law Office. Due date: 5 days.
04/06/2001Notice/IncomingFiled Proof of Service. for Response to Petition for Rehearing. 01-05977
04/09/2001MotionFiled Motion to Strike. ("Exhibit A" to Appellant's Repsonse to Petition for Rehearing). 01-06100
04/17/2001MotionFiled Motion for Permission to File Document. Motion to File Reply in Support of Petition for Rehearing. 01-06595
04/18/2001Notice/IncomingFiled Affidavit. Affidavit of Hand Delivery. 01-06661
04/20/2001MotionFiled Response to Motion. Opposition to Motion to Strike. Mailed on: 4/19/01. 01-06768
05/02/2001Post-Judgment OrderFiled Order/Rehearing Granted. Order Granting Rehearing, Granting Motion to Strike and Transferring Matter to the Full Court. We have reviewed the petition and answer and conclude that rehearing is warranted. fn1[In light of our order, we deny as moot respondents' motion to file a reply in support of the petition for rehearing.] We grant rehearing and transfer this matter to the full court for further consideration. We grant the motion to strike 'Exhibit A' to appellant's answer. NNP00A-MS/RR/ML 01-07370
05/31/2001BriefFiled Supplemental Authorities. Respondents' Memorandum of Supplemental Authority. 01-09145
06/21/2001Opinion/DispositionalFiled Opinion on Rehearing. "Reversed and remanded." fn40[The Honorable Cliff Young, Justice, and the Honorable Deborah A. Agosti, Justice, voluntarily recused themselves from participation in the decision of this matter.] Before the Court En Banc. By the Court, Shearing, J. 117 Nev. Adv. Opn. No. 42. EN BANC 01-10472
07/17/2001RemittiturIssued Remittitur. 01-10512
07/17/2001Case Status Update Remittitur Issued/Case Closed.
07/25/2001RemittiturFiled Remittitur. Received by County Clerk on July 18, 2001. 01-10512