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United States Court Cases

Nevada Supreme/Appellate Court Record

BANKS VS. SUNRISE HOSPITAL

Case Information: 38801
Short Caption:BANKS VS. SUNRISE HOSPITALCourt:Supreme Court
Related Case(s): 34991
Lower Court Case(s):Clark Co. - Eighth Judicial District - A373928Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:11/29/2001 / Levitt, LansfordSP Status:Completed
Oral Argument:02/11/2004 at 9:30 AMOral Argument Location:Carson City
Submission Date:02/11/2004How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/19/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Earley Savage--check no. 19736.
11/19/2001Notice 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.) 01-19382
11/29/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/03/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 on cross-appeal from Albert D. Massi, Ltd.--check no. 40076.
12/03/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 01-20226
12/03/2001Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
12/06/2001Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 01-20474
12/06/2001Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. (Second Amended). Filed in district court on: November 01, 2001. 01-20509
12/10/2001Notice/Outgoing Letter. Lansford W. Levitt.
12/18/2001Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 01-21293
12/21/2001Notice/Outgoing Letter. Lansford W. Levitt.
01/22/2002MotionFiled Motion for Excess Pages. 02-01487
01/22/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 7/17/01. Court Reporter: Laurie Webb & Associates. 02-01488
01/22/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/25/99. To Court Reporter: Mary Beth Cook. 02-01489
01/30/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-02008
02/14/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. This court shall conduct a preliminary jurisdictional review of this appeal and cross-appeal. Court reporters Laurie Webb & Associates and Mary Beth Cook shall have 30 days from the date of this order to prepare and file the transcripts requested by appellants/cross-respondents pursuant to the transcript request filed on January 22, 2002. Respondent/Cross-Appellant: 15 days to comply with NRAP 9(a). On January 22, 2002, appellants/cross-respondents filed a motion to enlarge the length of appellants' opening brief, but do not specify the exact number of pages needed. We deny appellants' motion without prejudice to appellants' right to file a renewed motion which specifically identifies the number of pages needed. Appellants/cross-respondents: 120 days to file and serve the opening brief and appendix. Respondent/cross-appellant: 30 days to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants/cross-respondents: 30 days thereafter to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondent/cross-appellant: 30 days thereafter to file and serve a reply brief on cross-appeal. 02-02935
02/14/2002Letter/IncomingFiled Letter. from attorney P.J. Bowling to Court Reporter Mary Beth Cook regarding transcripts. 02-02984
02/19/2002TranscriptFiled Transcript. Proceedings: 10/25/99; 10/26/99; 10/27/99; 10/28/99; and 10/29/99. Court Reporter: Mary Beth Cook. 02-03125
02/19/2002TranscriptFiled Transcript. Proceedings: 7/17/01; 7/18/01; 7/19/01; 7/20/01; 7/23/01; 7/24/01; 7/25/01(2). Court Reporter: Laurie Webb & Associates. 02-03135
02/22/2002TranscriptFiled Transcript. Proceedings: 09/13/99; 10/22/99; 11/02/99; 11/03/99; and 11/04/99. Court Reporter: Lisa Makowski. 02-03373
02/27/2002Letter/IncomingFiled Letter. from Court Reporter Laurie Webb regarding transcripts - all transcripts have been filed. 02-03686
03/06/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 07/17/01 through 07/31/01. Court Reporter: Laurie Webb; 09/05/00; 07/16/01; 10/24/01 and 09/10/01. Court Reporter: Janie Olsen and 10/25/99 through 11/04/99. Court Reporter: Mary Beth Cook. 02-04090
04/01/2002TranscriptFiled Transcript. Proceedings: July 16, 2001. Court Reporter: Janie Olsen. 02-05769
05/30/2002Order/ProceduralFiled Order/Show Cause. Response due from appellant and cross-appellant: 30 days from the date of this order. The briefing schedule in this appeal and cross-appeal shall be suspended pending further order of this court. 02-09444
06/18/2002MotionFiled Motion for Excess Pages. Respondent/Cross-Appellant Sunrise Hospital's Motion for Leave to File an Eighty (80) Page Opening Brief. 02-10541
06/18/2002MotionFiled Motion to Extend Time. Respondent/Cross-Appellant Sunrise Hospital's Motion for Order Enlarging Time for Filing of Opening Brief and Respondent's Answering Brief to Cross-Appeal. 02-10542
06/27/2002MotionFiled Response to Order to Show Cause. Respondent/Cross-Appellant Sunrise Hospital's Response to Order to Show Cause. 02-11061
08/27/2002Order/ProceduralFiled Order/Briefing Reinstated. On June 27, 2002, Sunrise filed a timely response to our May 30, 2002, order to show cause. The Banks have failed to respond in any way. Having reviewed the documentation submitted by Sunrise, the appeal and cross-appeal may proceed. The May 30 order specifically warned the parties that failure to establish jurisdiction could result in the dismissal of this matter. In light of our oft-expressed preference for resolving cases on their merits, we decline to dismiss the appeal at this time. We nevertheless sanction the Banks' counsel in the amount of $250, payable to the Supreme Court law Library for their failure to comply with our May 30 order. Counsel shall provide proof of payment within 30 days of the date of this order. We reinstate briefing in this matter as follows. The Banks shall have 60 days from the date of this order to file their opening brief and appendix. Sunrise shall have 30 days from service of the opening brief to file a combined answering brief and opening brief on cross-appeal. fn5[In light of the briefing schedule in this order, we deny without prejudice the June 18, 2002, motions by Sunrise for an extension of time and to file a brief containing 80 pages. Sunrise may renew its requests after service and filing of the opening brief.] The Banks shall have 30 days from service of the combined answering brief/opening brief on cross-appeal to file a combined reply brief and answering brief on cross-appeal within which to file a combined reply brief and answering brief on cross-appeal. Sunrise may file any reply brief on cross-appeal within 30 days of service of the combined reply brief/answering brief on cross-appeal. 02-14715
09/11/2002Order/ProceduralFiled Order. On March 6, 2002, respondent/cross-appellant filed a transcript request form requesting the production of transcripts by court reporters Mary Beth Cook, Janie Olsen and Laurie Webb & Associates. Transcripts for many of the requested proceedings were filed in the district court prior to the docketing of this appeal and should not have requested those transcripts be prepared and filed by the court reporter. Respondent/cross-appellant should include those transcripts in the appendix to its combined answering brief and opening brief on cross appeal. Although respondent/cross-appellant requested transcripts of Laurie Webb & Associates for proceedings conducted on July 26, 2001, and July 30, 2001, Ms. Olsen reported these proceedings. Because respondent/cross-appellant did not specifically request those portions of the jury trial, these transcripts do no appear to be necessary. Unless informed otherwise by respondent/cross-appellant in writing within 10 days from the date of this order, we will deem all transcripts required for this appeal to have been filed. 02-15764
10/28/2002MotionFiled Motion to Extend Time. Respondent/Cross-Appellant Sunrise Hospital's Motion to Extend Briefing Schedule Deadlines. 02-18478
12/02/2002MotionFiled Motion to Extend Time. Appellants'Cross-Respondents' Motion to Extend Briefing Schedule Deadlines. 02-20504
12/13/2002Order/ProceduralFiled Order Granting Motion. filed October 28, 2002 and December 2, 2002. Appellants shall have 5 days from the date of this order to file and serve their opening brief and appendix. Respondent shall, within 60 days from service of the opening brief, file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants shall, within 60 days from service of the combined answering brief on appeal and opening brief on cross-appeal, file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondent may file a reply brief on cross-appeal within 45 days from service of the combined reply brief on appeal and answering brief on cross-appeal. 02-21395
12/13/2002AppendixFiled Appendix to Opening Brief. Vol. 1 through 3. 02-21408
12/16/2002BriefFiled Opening Brief. Appellant/Cross-Respondent Opening Brief. Mailed on: 12/11/02. 02-21442
12/18/2002MotionFiled Motion for Excess Pages. Respondent/Cross-Appellant Sunrise Hospital's Motion for Leave to Permit Briefing on Cross-Appeal beyond NRAP 28 Limits. 02-21660
01/02/2003Order/ProceduralFiled Order Granting Motion. filed December 18, 2002. Respondent/cross-appellant may file a combined answering brief on appeal/opening brief on cross-appeal of up to 80 pages. Appellant/cross-respondent may file a combined reply brief on appeal/answering brief on cross-appeal of up to 50 pages and respondent/cross-appellant may file a reply brief on cross-appeal of up to 50 pages. We remind the parties that briefing in this appeal and cross-appeal shall follow the briefing schedule set forth in our December 13, 2002 order. 03-00081
02/06/2003MotionFiled Motion to Extend Time. Respondent/Cross-Appellant's Motion to Extend Deadline for Filing Briefs Pursuant to Stipulation of Parties. 03-02133
02/11/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed February 6, 2003. Respondent/cross-appellant shall have until March 12, 2003, to file and serve the combined brief. 03-02362
03/10/2003MotionFiled Stipulation. Respondent/Cross Appellant's Motion to Extend Deadline for Filing Briefs pursuant to Stipulation of Parties. 03-03970
03/13/2003Order/ProceduralFiled Order Granting Motion. filed March 10, 2003. Respondent/cross-appellant shall have until March 20, 2003, to file and serve the combined answering brief on appeal and opening brief on cross-appeal. 03-04217
03/21/2003BriefFiled Answering Brief. Respondent/Cross-Appellant's Combined Opening Brief on Cross-Appeal and Answering Brief on Appeal. Mailed on: Fed Ex 03/20/03. 03-04844
03/21/2003AppendixFiled Appendix to Answering Brief. Respondent/Cross-Appellant's Appendix. Vols. 1 through 8. 03-04846
05/23/2003MotionFiled Motion to Extend Time. Appellants'/Cross-Respondents' Motion to Extend Briefing Schedule Deadlines. 03-08771
05/28/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed May 23, 2003. Appellants shall have until June 3, 2003, to file and serve the combined reply brief on appeal and answering brief on cross-appeal. Pursuant to the briefing order entered on December 13, 2002, respondent/cross-appellant shall, if deemed necessary, file a reply brief on cross-appeal within 45 days from service of appellants' combined brief. 03-08902
06/05/2003MotionFiled Motion to Extend Time. Appellants'/Cross-Respondents' Motion to Extend Briefing Schedule Deadlines. 03-09417
06/10/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed June 5, 2003. Appellants/cross-respondents shall have 5 days from the date of this order to file and serve the combined brief. Pursuant to the briefing order entered on December 13, 2002, respondent/cross-appellant shall, if deemed necessary, file a reply brief on cross-appeal within 45 days from service of appellants' combined brief. 03-09629
06/18/2003BriefFiled Reply Brief. Appellants' Reply Brief on Appeal and Answering Brief on Cross-Appeal. 03-10178
07/28/2003Case Status Update Briefing Completed. No reply brief/cross-appeal filed.
08/01/2003MotionFiled Stipulation. Sunrise Hospital's Motion to Extend Deadline for Filing Its Reply Brief Pursuant to Stipulation of Parties. 03-12951
08/05/2003Order/Clerk'sFiled Clerk's Order Approving Stipulation. filed August 1, 2003. Respondent/ cross-appellant shall have until August 21, 2003, to file and serve the reply brief on cross-appeal. 03-13130
08/22/2003MotionFiled Motion to Extend Time. Sunrise Hospital's Motion to Extend Deadline for Filing It's Reply Brief Pursuant to Stipulation of Parties. 03-14157
08/26/2003Order/ProceduralFiled Order Granting Motion. filed August 22, 2003. Respondent/cross-appellant shall have until September 4, 2003, to file and serve its reply brief on cross-appeal. 03-14315
09/08/2003BriefFiled Reply Brief on Cross-Appeal. 03-15003
12/15/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 11, 2004, at 9:30 a.m. (En Banc)
01/26/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
02/05/2004MotionFiled Motion. Defendant Sunrise Hospital's Motion to Associate Out of State Counsel Pro Hac Vice (R. Brent Cooper). Filed via fax. 04-02348
02/05/2004MotionFiled Motion. Defendant Sunrise Hospital's Motion to Associate Out of State Counsel Pro Hac Vice (Diana L. Faust). Filed via fax. 04-02349
02/06/2004Order/ProceduralFiled Order. Granting Motions to Associate Counsel. Respondent/Cross-Appellant Sunrise Hospital ('Sunrise Hospital') has moved to associate Texas attorneys R. Brent Cooper and Diana L. Faust, both of the law firm of Cooper & Scully, P.C., in this matter pursuant to SCR 42. Cause appearing, we grant the motions. Attorneys Cooper and Faust shall be permitted to appear on behalf of Sunrise Hospital in Docket Number 38801. Nevada attorneys Nancy D. Savage and Kerry L. Earley, both of the law firm of Earley Savage, shall be responsible for all matters presented by Sunrise Hospital in this matter. See SCR 42(14) (the active member of the State Bar of Nevada who is attorney of record shall be present at all matters in open court); NRAP 25(1)(e) (all documents submitted to the Supreme Court for filing by a represented party shall include the original signature of at least one attorney of record who is an active member of the State Bar of Nevada). 04-02391
02/11/2004Case Status Update Submitted for Decision. EN BANC.
07/28/2004Notice/IncomingFiled Substitution of Attorneys. Sunrise Hospital and Medical Center, L.L.C. d/b/a Sunrise Hospital and Medical Center, hereby substitutes the law firm of Dennett & Winspear, LLP in the place of Earley Savage. 04-13759
12/08/2004Notice/IncomingFiled Substitution of Attorneys. Sunrise Hospital and Medical Center, L.L.C., d/b/a Sunrise Hospital and Medical Center, hereby substitutes the law firm of Hall Prangle & Schoonveld, LLC in the place of Early Savage. 04-22358
12/17/2004Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court EN BANC. Author: Agosti, J. We concur: Shearing, C.J., Rose, Gibbons and Douglas, JJ. Maupin, J., with whom Becker, J., agrees, concurring in part and dissenting in part. 120 Nev. Adv. Opn. No. 89. EN BANC. 04-22991
01/04/2005MotionFiled Motion to Extend Time. Respondent Sunrise Hospital's Motion to Extend Time to file Petition for Rehearing. 01/26/05 Order: this court will take no acton on respondent's January 4, 2005, motion. 05-00205
01/10/2005MotionFiled Response to Motion. Opposition to Motion to Extend Time to File Petition for Rehearing. 05-00484
01/20/2005MotionFiled Motion. Respondent Sunrise Hospital's Notice of Withdrawal of Motion to Extend Time to File Petition for Rehearing. 05-01318
01/25/2005Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction on page 9 of the opinion filed December 17, 2004.
01/26/2005Order/ProceduralFiled Order. On December 17, 2004, this court entered an opinion in this case. A petition for rehearing was due to be filed by January 4, 2005. On that date, respondent/cross-appellant (respondent) filed a motion requesting an extension of time to file a petition for rehearing. Appellants/cross-respondents oppose respondent's motion. On January 20, 2005, respondent filed a 'Withdrawal of Motion to Extend Time to File Petition for Rehearing.' Respondent states that it is withdrawing its motion for an extension of time 'as the parties have agreed to an amicable resolution of this matter.' Accordingly, this court will take no action on respondent's January 4, 2005, motion for an extension of time to file a petition for rehearing. Because no petition for rehearing will be filed, we direct the clerk to issue the remittitur. See NRAP 41(a). 05-01680
01/26/2005RemittiturIssued Remittitur. 05-01716
01/26/2005Case Status Update Remittitur Issued/Case Closed.
03/04/2005RemittiturFiled Remittitur. Received by County Clerk on January 31, 2005 05-01716