judyrecords
search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

MOWER VS. STATE, BD. OF MEDICAL EXAM'RS

Case Information: 42741
Short Caption:MOWER VS. STATE, BD. OF MEDICAL EXAM'RSCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A471140Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:02/11/2004 / Levitt, LansfordSP Status:Completed
Oral Argument:12/12/2005 at 10:30 AMOral Argument Location:Regional Justice Center
Submission Date:12/12/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/02/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Pico & Mitchell, Ltd.--check no. 30245.
02/02/2004Notice 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.) 04-02113
02/11/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/18/2004Docketing StatementFiled Docketing Statement. 04-03117
02/25/2004Notice/Outgoing Letter. Lansford W. Levitt. (docketing statement)
07/26/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-13518
08/05/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the 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). 04-14143
09/20/2004Order/ProceduralFiled Order. to Comply with NRAP 9(a). To date appellant has failed to comply with the July 22, 2004 order. We again direct appellant to request transcripts in compliance with NRAP 9(a). Appellant shall have 10 days from the date of this order to file and serve the appropriate document. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this appeal. 04-17383
01/03/2005MotionFiled Motion to Extend Time. 05-00065
01/03/2005BriefReceived Opening Brief. 05-00066
01/03/2005AppendixReceived Appendix. Vols 1 thorugh 5. 05-00067
01/03/2005Notice/IncomingFiled Proof of Service. Appellant's Opening Brief. 05-00068
01/03/2005Notice/IncomingFiled Proof of Service. Appellant's Appendix, Vols. 1 through 5. 05-00069
01/26/2005Order/ProceduralFiled Order Granting Motion. and Directing Compliance with NRAP 9(a). Appellant has moved for an extension of time to file the opening brief. Attached to the motion is a stipulation. fn1[Attorney Bonnie S. Brand has signed the stipulation on behalf of respondent. We note, however, that this court's docket does not reflect that Ms. Brand is counsel of record for respondent. If Ms. Brand represents respondent she shall, within 10 days from the date of this order, file and serve a notice of appearance or substitution of attorneys.] Cause appearing, we grant the motion and approve the stipulation. The clerk shall file the opening brief and appendix received on January 3, 2005. Respondent shall have until March 4, 2005, to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). To date, appellant has failed to comply with the order filed on September 20, 2004. We again direct appellant to request transcripts in compliance with NRAP 9(a). Appellant shall have 10 days from the date of this order to file and serve the appropriate document. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this appeal. 05-01666
01/26/2005BriefFiled Opening Brief. 05-00066
01/26/2005AppendixFiled Appendix to Opening Brief. Volumes 1 through 5. 05-00067
02/02/2005Notice/IncomingFiled Notice of Appearance. Representing respondent: Bonnie Brand. 05-02088
03/03/2005BriefFiled Answering Brief. 05-04210
03/03/2005Notice/IncomingFiled Proof of Service. for Notice of Appearance. 05-04212
04/13/2005Case Status Update Briefing Completed. No reply brief filed.
04/15/2005Order/ProceduralFiled Order. As a result of appellant's failure to comply with our orders and appellate rules, resolution of this appeal has been delayed and this court's valuable resources have been wasted. We conclude that counsel's conduct under these circumstances warrants the imposition of sanctions. Appellant's attorney, James R. Rosenberger, shall have 15 days from the date of this order to personally pay the sum of $500.00 to the Supreme Court Law Library. Mr. Rosenberger shall also file proof of such payment with the clerk of this court. Appellant shall have 15 days from the date of this order to comply with NRAP 9(a) by filing either a transcript request form or a certificate indicating that no additional transcripts are necessary for our review of this appeal. We caution Mr. Rosenberger that continued failure to comply with our orders and appellate rules may result in the imposition of additional sanctions. 05-07432
05/11/2005MotionFiled Motion to Extend Time. 05-09202
05/12/2005Notice/IncomingFiled Proof of Payment of Sanction. Check no. 32386 in the amount of $500 payable to the Supreme Court Law Library. 05-09313
05/12/2005MotionFiled Response to Order to Show Cause. Kenneth D. Mower, M.D.'s Response to Order to Comply with N.R.A.P. 9(a) in Imposing Sanctions. 05-09314
05/12/2005Notice/OutgoingIssued Notice to Provide Proof of Service. Response to OSC. Due date: 10 days.
05/20/2005MotionFiled Response to Motion. Response to Appellant's Motion to Enlarge Time. 05-10051
05/23/2005Notice/IncomingFiled Proof of Service. for Response to OSC. 05-10058
09/08/2005Order/ProceduralFiled Order. On May 12, 2005, Mr. Rosenberger filed a response to our order entered on April 15, 2005. We shall conclude that the transcripts included in appellant's appendix are the only transcripts necessary for our review in this appeal. Appellant has moved for an extension of time to file the reply brief. Ms. Brand has filed a response to the motion. We grant appellant's motion and the clerk shall file the reply brief received on May 11, 2005. We caution Mr. Rosenberger that future evidence of untruthful statements or failure to comply with our rules may result in the imposition of additional sanctions. 05-17716
09/08/2005BriefFiled Reply Brief. 05-09203
10/25/2005MotionFiled Motion. Motion to Allow Respondent to Submit Verbatim Record of District Court Proceedings. 11/17/05 order: detached exhibit 3 (transcript) and filed.jcr 05-21143
10/26/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 12, 2005, at 10:30 a.m. (SNP06-WM/MG/JH)
11/17/2005Order/ProceduralFiled Order Granting Motion. The clerk shall detach exhibit 3 - the transcript of proceedings conducted on December 16, 2003 - from respondent's motion filed October 25, 2005, and file it. 05-22679
11/17/2005TranscriptFiled Transcript. Proceedings: Tuesday, December 16, 2003. Court Reporter: Angela K. Lee. 05-22680
11/28/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
11/28/2005Notice/IncomingFiled Substitution of Attorneys. Hutchison & Steffen in place and stead of Pico Escobar Rosenberger. 05-23231
12/12/2005Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP06-WM/MG/JH
01/10/2006MotionFiled Motion for Stay. Motion for Stay pending Appeal. 06-00661
01/13/2006MotionFiled Response to Motion. Response to Motion for Stay Pending Appeal. 06-00968
02/02/2006Order/ProceduralFiled Order Granting Motion. for Stay. The portion of the Board's June 24, 2003, decision that requires appellant to pay costs in the amount of $46,006.72 is hereby stayed. 06-02404
05/19/2006Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP06-WM/MG/JH 06-10522
06/13/2006RemittiturIssued Remittitur. 06-10907
06/13/2006Case Status Update Remittitur Issued/Case Closed.
06/22/2006RemittiturFiled Remittitur. Received by County Clerk on June 15, 2006. 06-10907