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United States Court Cases

Nevada Supreme/Appellate Court Record

BASS VS. LYING IN HOSPITAL C/W 38606/38918

Case Information: 38456
Short Caption:BASS VS. LYING IN HOSPITAL C/W 38606/38918Court:Supreme Court
Consolidated:38456*, 38606 Related Case(s): 38606 , 38918
Lower Court Case(s):Clark Co. - Eighth Judicial District - A362107Classification:Civil Appeal - General - Other
Disqualifications:LeavittCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/19/2001 / Hammer, BillSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/11/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from R. Paul Sorenson-check no. 24731.
09/11/2001Notice 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.) 01-15285
09/19/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Bill C. Hammer. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/18/2001MotionFiled Motion to Consolidate. Motion to Consolidate Appeal & Stay Settlement Conference & Preparation of Settlement Brief Pending Consolidation. Nos. 38456/38606. 01-17593
12/18/2001Order/ProceduralFiled Order. To date, appellant has failed to file the docketing statement. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. Failure to file a complete and accurate docketing statement in a timely manner may result in the imposition of sanctions. (Docketing statement mailed to attorney R. Paul Sorenson, counsel for appellant). 01-21313
01/03/2002Docketing StatementFiled Docketing Statement. (Copy of docketing statement mailed to settlement judge.) 02-00138
01/17/2002Docketing StatementFiled Response to Docketing Statement. 02-01188
01/23/2002Notice/Outgoing Letter. Bill C. Hammer. (Respondents' Response to Docketing Statement)
02/25/2002Notice/OutgoingIssued Notice to Transmit Required Document. Notice of Entry of Order filed 7/31/01. Due Date: 10 days
02/25/2002Notice/OutgoingIssued Notice of Modification of Caption. Deleted Women's Health Care, Inc., Harrison H. Sheld, M.D. and William G. Wixted, M.D. as respondents.
02/25/2002OtherDisqualification of Justice Leavitt. Sat in district court proceedings.
03/04/2002Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Filed in district court on: July 31, 2001. 02-03893
03/04/2002Settlement Program ReportFiled Interim Settlement Program Report. (Letter from Settlement Judge Bill Hammer.) The parties were unable to agree to a settlement of this matter. Nos. 38456, 38606, 38918. 02-03930
03/22/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. We grant appellant's unopposed motion to consolidate, and we consolidate the above-entitled matters for all purposes. The parties were unable to agree to a settlement. This court shall conduct a preliminary jurisdictional review of this appeals. 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). fn1[We deny as moot the portion of appellant's October 18, 2001 motion which sought to stay the settlement proceedings in Docket No. 38456, pending the assignment of a settlement judge in Docket No. 38606. Nos. 38456/38606/38918. (02-05148) 02-05148
04/24/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 7/3/01; 10/16/01, 11/6/01, and 9/13/01. To Court Reporter: Kris Cornelius. Nos. 38456/38606/38918. 02-07238
04/24/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/30/96. To Court Reporter: Cat Nelson. Nos. 38456/38606/38919. 02-07239
05/06/2002MotionFiled Motion. Motion to Augment the Record on Appeal. Nos. 38456/38606/38918 02-07919
05/06/2002Transcript RequestFiled Request for Transcript of Proceedings. Defendants Harrison H. Sheld, M.D. and William G. Wixted, M.D.'s Request for Additional Transcripts of Proceedings. Nos. 38456/38606/38918 02-07920
05/23/2002TranscriptFiled Transcript. Proceedings: July 3, 2001, October 16, 2001 and November 6, 2001. Court Reporter: Kristine M. Cornelius. Nos. 38456/38606/38918. (02-09114) 05/08/03 ORDER: PLACED PROCEEDINGS IN DOCKET NO. 38918. 02-09114
07/12/2002Order/ProceduralFiled Order. To date, Ms. Cornelius and Ms. Nelson have not filed all of the transcripts required of them. Ms. Cornelius shall have 20 days from the date of this order to prepare and filed the transcript of proceedings conducted on September 13, 2001. Ms. Nelson shall have 20 days from the date of this order to prepare and file the transcript of proceedings conducted on December 30, 1996. If more time is needed to complete the preparation of the transcripts, Ms. Cornelius and Ms. Nelson shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. On May 6, 2002, respondents Harrison H. Sheld, M.D., and William G. Wixted, M.D. (respondents) filed a motion to augment the record on appeal. We deny the motion to augment the record. On May 6, 2002, respondents also filed a request for additional transcripts. Because the documents identified in the transcript request form can properly be included in an appendix to a brief filed with this court, no action will be taken on the request for supplemental transcripts. Nos. 38456/38606/38918. 02-11942
07/22/2002MotionFiled Motion to Extend Time. Motion to Extend Time in Which to File Petitioner's Opening Brief and Appendix in the Above Entitled Matters. Nos. 38456/38606/38918. 02-12533
07/25/2002Order/ProceduralFiled Order Granting Motion. requesting an extension of time to file the opening brief in these consolidated appeals. Appellant shall have until September 23, 2002, to file and serve the opening brief and appendix. Nos. 38456/38606/38918. (02-12710) 02-12710
07/31/2002Letter/IncomingFiled Letter. from court reporter Cathy Nelson stating that she has searched the tapes of the former court recorder for the December 30, 1996 hearing and is unable to locate it, and is unable to comply with this court's order. Nos. 38456/38606/38918 02-13171
08/01/2002Order/ProceduralFiled Order/Show Cause. Response due from appellant: 30 days from the date of this order. The briefing schedule in these consolidated appeals shall be suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellant's response is served. Nos. 38456/38606/38918. (02-13220) 02-13220
08/02/2002Letter/IncomingFiled Letter. from court reporter Kristine Cornelius. She did not record any proceedings on September 13, 2001, therefore, no transcript is available. Nos. 34856/38606/38918 02-13275
08/20/2002Order/ProceduralFiled Order. On July 12, 2002, this court entered an order that directed court recorders Catherine Nelson and Kristine Cornelius to prepare and file the transcripts for proceedings conducted on December 30, 1996, and September 13, 2001, respectively. On July 31, 2002, Ms. Nelson submitted a letter in response to our July 12, 2002, order and on August 2, 2002, Ms. Cornelius also submitted a response to our July 12, 2002, order. It appears that the transcripts conducted on December 30, 1996, and September 13, 2001, are not available, we vacate that portion of our July 12, 2002, order directing Ms. Nelson and Ms. Cornelius to produce those transcripts. The parties may produce a statement of the proceedings in compliance with NRAP 9(d) and shall be filed with this court within 60 days of the date of this order. Nos. 38456/38606/38918. (02-14181) 02-14181
09/03/2002MotionFiled Motion to Extend Time. Motion to Extend Time in Which to File Petitioners Response to Order to Show Cause. Nos. 38456/38606/38918. 02-15218
09/17/2002MotionFiled Motion to Extend Time. Additional Motion to Extend Time in Which to File Petitioner's Response to Order to Show Cause. Nos. 38456/38606/38918 (02-16200). 02-16200
09/30/2002MotionFiled Motion to Extend Time. Additional Motion to Extend Time in Which to File Petitioner's Response to Order to Show Cause. Nos. 38456/38606/38918. 02-16844
10/30/2002MotionFiled Motion to Extend Time. 2nd Additional Motion to Extend Time in Which to File Petitioner's Response to Order to Show Cause. Nos. 38456/38606/38918. 02-18677
11/12/2002Order/ProceduralFiled Order Granting Motion. for Extension of Time. These are consolidated appeals. Appellant shall have 20 days from the date of this order to file a response to our August 1, 2002, order to show cause. We caution appellant that no further extensions of time will be granted, and that failure to file a timely response may result in the dismissal of this appeal. Nos. 38456/38606/38918. 02-19444
11/13/2002MotionFiled Motion to Extend Time. Third Additional Motion to Extend the Time in Which to File Petitioner's Response to Order to Show Cause. Nos. 38456/38606/38918. 02-19510
12/03/2002MotionFiled Response to Order to Show Cause. Nos. 38456/38606/38918 02-20642
01/16/2003Order/ProceduralFiled Order/Show Cause. Response due from appellant: 30 days from the date of this order. Again we note that if appellant obtains a written order from the district court dismissing the claims against Brandsness in response to this order, he must file an amended notice of appeal. If appellant obtains a proper order from the district court certifying its order as final under NRCP 54(b), the notice of appeal already filed is effective and no amended notice of appeal is required. The briefing schedule in these appeals shall remain suspended pending further order of this court. Respondent may file any reply within 10 days from the date that appellant's response is served. fn12[On November 13, 2002, appellant filed a third motion for an extension of time. We deny the motion as moot, as appellant's second motion for an extension of time was granted on November 12, 2020, and he filed his response within the time prescribed.] Nos. 38456/38606/38918. (03-00832) 03-00832
02/11/2003MotionFiled Motion to Extend Time. Motion to Extend Time in which to File Petitioner's Response to Order to Show Cause. Nos. 38456/38606/38918. 03-02385
02/12/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed February 11, 2003. Appellant shall have until February 25, 2003, to file and serve a response. Nos. 38456/38606/38918. (03-02429) 03-02429
02/25/2003MotionFiled Motion to Extend Time. Additional Motion to Extend Time in which to File Petitioner's Response to Order to Show Cause. Nos. 38456/38606/38918. 03-03133
02/26/2003Order/ProceduralFiled Order Granting Motion. filed February 25, 2003. Appellant shall have until March 7, 2003, to file and serve a response to this court's order to show cause. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Nos. 38456/38606/38918. (03-03206) 03-03206
03/07/2003MotionFiled Response to Order to Show Cause. Nos. 38456/38606/38918. 03-03884
03/31/2003TranscriptFiled Transcript. Proceedings: March 4, 2003. Court Reporter: Kristine Cornelius. Nos. 38456/38606/38918. 05/08/03 ORDER: PLACED PROCEEDINGS IN DOCKET NO. 38918. 03-05364
04/02/2003MotionFiled Response to Order to Show Cause. Supplement to Petitioner's Response to Order to Show Cause. Nos. 38456/38606/38918 03-05574
04/02/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: March 4, 2003. To Court Reporter: Kris Cornelius. Nos. 38456/38606/38918 03-05577
04/18/2003Order/ProceduralFiled Order/Show Cause. Because the appellant obtained a written order from the district court dismissing the claims against Brandsness, we note appellant has not yet perfected an appeal to this court and must file an amended notice of appeal within the time frame set forth in NRAP 4(a)(1). fn4[See NRAP 4(a)(4) (providing that no fee is required if an amended notice of appeal is filed to remedy a jurisdictional defect).] Response due from appellant: 30 days. The briefing schedule in these appeals shall remain suspended pending further order of this court. Nos. 38456/38606/38918. 03-06617
04/28/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Nos. 38456/38606/38918 03-07229
05/08/2003Order/DispositionalFiled Order Dismissing Appeal. Order Dismissing Appeals in Docket Nos. 38456 and 38606, and Allowing Appeal to Proceed in Docket No. 38918. On March 22, 2002, this court consolidated the appeals. As the appeals were docketed separately in this court, we conclude that the first two appeals should be dismissed, and the third appeal may proceed, since appellant has obtained what appears to be a final judgment and has filed a timely amended notice of appeal. "We dismiss the appeals in Docket No. 38456, and Docket No. 38606, and allow the appeal from the final judgment to proceed under Docket No. 38918." fn6[The transcripts filed in these appeals on May 23, 2002, and March 31, 2003, shall be retained pending resolution of the appeal in Docket No. 38918.] We note that this court can review the interlocutory orders granting summary judgment and denying appellant's motion to retax costs on appeal from the final judgment. Appellant shall have 60 days from the date of this order to file an opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 38456/38606/38918. 03-07901
06/03/2003RemittiturIssued Remittitur. 03-07944
06/03/2003Case Status Update Remittitur Issued/Case Closed.
06/25/2003RemittiturFiled Remittitur. Received by County Clerk on June 6, 2003. 03-07944