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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 49602
Short Caption:FIERLE VS. PEREZCourt:Supreme Court
Related Case(s): 49830
Lower Court Case(s):Carson City - First Judicial District - 0601241AClassification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:06/19/2007 / Weise, CathySP Status:Completed
Oral Argument:05/05/2009 at 10:00 AMOral Argument Location:Carson City
Submission Date:05/05/2009How Submitted:After Oral Argument

+ Party Information

Docket Entries
06/12/2007Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Gene M. Kaufmann--check no. 1477.
06/12/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice Re Settlement Conference Program and Suspension of Rules mailed to all counsel. (The requesting of transcripts and briefing are stayed pursuant to NRAP 16(a)(1). Docketing Statement Form mailed to counsel for appellant(s).) 07-12823
06/19/2007Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Cathy Valenta Weise. 07-13364
06/28/2007Docketing StatementFiled Docketing Statement. 07-14165
07/09/2007Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is not appropriate for mediation and should be removed from the settlement conference program. 07-14892
07/12/2007Settlement Order/Procedural Order Removing From Settlement Program/Briefing Reinstated. and Reinstating Briefing. Pursuant to the recommendation of the settlement judge and good cause appearing, this appeal is removed from the settlement conference program. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 90 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 07-15176
07/25/2007Transcript RequestFiled Certificate of No Transcript Request. 07-16344
07/26/2007MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeal for Lack of Jurisdiction. 07-16438
08/03/2007Notice/IncomingFiled Joinder. Respondents Linda Leserance, R.N., and Charmaine Cruet, R.N.'s Joinder in Respondents Jorge Perez, M.D. and Melissa Mitchell, R.N.'s Motion to Dismiss Appeal for Lack of Jurisdiction. 07-17103
08/08/2007MotionFiled Response to Motion. Opposition to Motion to Dismiss Appeal. 07-17418
09/26/2007Order/ProceduralFiled Order Denying Motion. to Dismiss in Part and Granting Motion in Part. We deny the motion to dismiss this appeal as untimely. We grant the motion to dismiss to the extent that we lack jurisdiction to consider that portion of the district court's post-judgment order that denied the motion to alter or amend the judgment. 07-21220
10/11/2007BriefFiled Opening Brief. 07-22486
10/11/2007AppendixFiled Appendix to Opening Brief. 07-22487
10/30/2007MotionFiled Stipulation and Order. Brief due: December 13, 2007. 07-23786
12/12/2007MotionFiled Motion to Extend Time. Answering Brief (Second Request). 07-26923
12/18/2007Order/ProceduralFiled Order Granting Motion. Respondents: 5 days to file the answering brief. 07-27396
12/26/2007MotionFiled Motion and Order/Excess Pages. Granted: 36 pages. Respondent's Joint Answering Brief. 07-27963
12/26/2007BriefFiled Answering Brief. Respondent's Joint Answering Brief. 07-27965
12/26/2007AppendixFiled Appendix to Answering Brief. Vols. 1 and 2. 07-27967
01/17/2008MotionFiled Motion and Order Extending Time. Brief due: February 22, 2008. 08-01382
02/22/2008MotionFiled Motion and Order/Excess Pages. Granted: 35 pages for the Reply Brief. 08-04374
02/25/2008BriefFiled Reply Brief. 08-04580
02/25/2008Notice/OutgoingIssued Notice to Provide Proof of Service. Appellant's Reply Brief. 08-04585
03/07/2008Notice/IncomingFiled Proof of Service. For Appellants Reply Brief. 08-05836
11/03/2008Order/ProceduralFiled Order/Submit on Briefs. Oral argument will not be scheduled in this appeal, and it shall stand submitted on the record and briefs filed herein, as of the date of this order. 08-27995
11/03/2008Case Status Update Submitted for Decision.
03/31/2009Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on May 5, 2009 at 10:00 a.m. (En Banc) 09-08108
04/20/2009Notice/OutgoingIssued Oral Argument Reminder Notice. 09-09842
05/05/2009Case Status Update Submitted for Decision.
11/09/2009Notice/IncomingFiled Notice. of Change of Firm Name. Sullivan Law. 09-27366
11/19/2009Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed/Reversed/Remanded." Before the Court EN BANC. Author: Cherry, Michael A.. Majority: Cherry/Hardesty/Parraguirre/Douglas/Saitta/Gibbons. Pickering, concurring in part and dissenting in part. 25 Nev. Adv. Opn. No. 54. EN BANC. 09-28186
12/07/2009Post-Judgment PetitionFiled Petition for Rehearing. 09-29597
12/07/2009Filing FeeReceived Filing Fee Paid on Filing. $150 from Sullican Law Offices -check no. 11433.
12/16/2009Order/Clerk'sFiled Clerk's Order. 09-30541
12/16/2009Order/ProceduralFiled Order. Modifying Partial Concurrence/Dissent to Opinion. Under the heading "Res ipsa loquitur" on page 6 of the concurrence/dissent, in the fourth sentence of the indented block quote from the Restatement (Second) of Torts, "B" should be replaced with "[A]." The sentence will now read: "After the operation a sponge is left in [A]'s abdomen." 09-30541
01/19/2010Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). 10-01510
02/16/2010RemittiturIssued Remittitur. 10-02124
02/16/2010Case Status Update Remittitur Issued/Case Closed.
02/23/2010RemittiturFiled Remittitur. Received by County Clerk on February 17, 2010. 10-02124