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United States Court Cases

Nevada Supreme/Appellate Court Record

GUMM VS. MAINOR

Case Information: 38424
Short Caption:GUMM VS. MAINORCourt:Supreme Court
Related Case(s): 38079
Lower Court Case(s):Clark Co. - Eighth Judicial District - A378040Classification:Civil Appeal - Family Law - Proper Person
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:04/06/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/04/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Myers & Spretnak--check no. 1016.
09/04/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 01-14863
09/06/2001Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: August 28, 2001. 01-15047
09/17/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 7/12/01. Court Reporter: Kris Cornelius. 01-15710
09/17/2001MotionFiled Motion. Motion to Return Appeal to Settlement Conference Program. 01-15711
09/24/2001Docketing StatementFiled Docketing Statement. 01-16085
10/16/2001Notice/IncomingFiled Notice. Confirmation of Counsel and Notice of Name Change. Advanced Pain Institute has retained the Law Offices of Daniel S. Simon. Advanced Pain Institute has changed its name to Centennial Spine and Pain Center. 01-17491
11/13/2001MotionFiled Response to Order to Show Cause. Appellant's Response to Order to Show Cause and Motion to Consolidate Case No. 38079 and Case No. 38424. Nos. 38079/38424. 01-18916
02/11/2002Order/ProceduralFiled Order. We suspend the briefing schedule and preparation of transcripts pending further order of this court. We defer ruling on the September 17, 2001 motion pending completion of our jurisdictional review and further order of this court. 02-02642
12/26/2002Opinion/Non-DispositionalFiled Per Curiam Opinion. "Jurisdiction clarified and appeal allowed to proceed." We conclude that the district court's August 2, 2001 order is appealable as a special order made after final judgment and that we have jurisdiction over this appeal. We reinstate the briefing schedule and preparation of transcripts. fn21[Because numerous respondents are in proper person, we deny appellant's motion to assign the appeal to the settlement process.] Court reporter Kris Cornelius shall have 30 days from the date of this opinion to comply with the provisions of NRAP 9(b). Appellant shall have 100 days from the date of this opinion within which to file and serve the opening brief. Before the Court En Banc. Per Curiam. 118 Nev. Adv. Opn. No. 92. EN BANC 02-22038
01/17/2003TranscriptFiled Transcript. Proceedings: July 12, 2001. Court Reporter: Kristine Cornelius. 03-00995
02/20/2003MotionFiled Motion. Motion for Withdraw as Counsel for Appellant & Notice of Firm Address Change. 03-02872
03/18/2003Order/ProceduralFiled Order. On February 20, 2003, attorney Andrew S. Myers filed a motion to withdraw as counsel for appellant. We note that appellant was not served with a copy of the motion. Mr. Myers shall have 15 days from the date of this order to serve appellant with a copy of the motion to withdraw and file proof of such service with this court. 03-04532
03/28/2003Notice/IncomingFiled Proof of Service. Errata to Certificate of Mailing re: Motion to Withdraw as Counsel for Appellant. 03-05228
04/09/2003MotionFiled Motion to Extend Time. Emergency Motion to Enlarge the Time for Filing Appellant's Opening Brief. 03-05986
05/05/2003Notice/IncomingFiled Notice. Kevin B. Christensen, Chtd., withdraws as counsel for respondent Orthofix, Inc. 03-07572
05/23/2003Order/ProceduralFiled Order. On February 20, 2003, attorney Andrew S. Myers filed a motion to withdraw as counsel for appellant. Cause appearing, we grant the unopposed motion. The clerk of this court shall remove Mr. Myers as counsel for appellant. On April 7, 2003, appellant submitted a proper person letter requesting this court to provide him 90 days to secure new counsel. We note that appellant has not been granted permission to file documents in proper person. NRAP 46(b). Nevertheless, the clerk of this court shall file the letter received on April 7, 2003. Cause appearing, we grant appellant's request. Appellant shall have 90 days from the date of this order to retain new counsel to represent him on appeal and cause new counsel to enter an appearance with this court. New counsel, if retained, shall have 150 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). We caution appellant that failure to retain new counsel will result in this appeal proceeding as a proper person appeal. See NRAP 46(b). 03-08751
05/23/2003Other Incoming DocumentFiled Proper Person Document. Letter dated April 2, 2003 in response to Moton to Withdraw as Counsel file on February 20, 2003. 03-05776
07/30/2003Order/ProceduralFiled Order Granting Motion. to Withdraw. We elect to treat the notice filed May 5, 2003, as a motion to withdraw. The clerk of this court shall remove the law firm of Kevin B. Christensen, Chtd. as counsel for respondent Orthofix, Inc. Because respondent Orthofix, Inc., is proceeding in proper person, it may not file documents in this appeal without prior leave of this court. NRAP 46(b). 03-12855
08/20/2003Notice/IncomingFiled Notice of Appearance. Representing appellant: Andrew S. Myers. 03-14008
10/22/2003MotionFiled Motion to Extend Time. 45 days requested. 03-17602
10/23/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed October 22, 2003. Appellant shall have until December 4, 2003, to file and serve the opening brief and appendix. 03-17647
12/08/2003MotionFiled Motion to Extend Time. (Second request) 03-20332
12/08/2003Order/Clerk'sFiled Clerk's Order Granting Motion. for extension of time to file the opening brief. Appellant shall have 5 days from the date of this order to file the opening brief and appendix. 03-20420
12/17/2003BriefFiled Opening Brief. 03-21027
12/17/2003AppendixFiled Appendix to Opening Brief. 03-21029
01/13/2004Notice/OutgoingIssued Notice of Deficient Brief. Returned Unfiled Respondent Krieger's Answering Brief an Appendix. Corrected brief and appendix due: 10 days.
01/16/2004MotionFiled Motion. Glen J. Lerner & Associates (counsel for Surgicare/Medical Acquisitions, Inc.). 04-01042
01/22/2004BriefFiled Answering Brief. (Krieger). 04-01280
01/22/2004AppendixFiled Appendix to Answering Brief. (Krieger). 04-01281
01/22/2004MotionFiled Motion and Order Extending Time. Advanced Pain Institute. Brief due: February 19, 2004. 04-01360
02/02/2004MotionFiled Stipulation. (Advanced Orthopedic Care, Mortillaro and Lanskowsky). 04-02130
02/03/2004Notice/IncomingFiled Proof of Service. (for Motion to Withdraw as Attorney of Record) 04-02131
02/04/2004MotionFiled Motion. Whitehead Law Offices, counsel for respondent Diagnostic Imaging of Southern Nevada. 04-02209
02/20/2004BriefFiled Answering Brief. Respondent Pain Institute of Nevada's Answering Brief. 04-03264
02/20/2004AppendixFiled Appendix to Answering Brief. Pain Institute of Nevada Appendix. 04-03265
02/25/2004Order/ProceduralFiled Order. Granting Motions to Withdraw and Approving Stipulation for Extension of Time. Attorney Paul D. Powell, of the law firm of Glen J. Lerner & Associates, has moved for leave to withdraw as counsel of record for respondent Surgicare. Mr. Powell has served Surgicare with a copy of the motion and Surgicare has not opposed the motion. Cause appearing, we grant the motion. See SCR 166(2)(f). The clerk shall remove Mr. Powell and the law firm of Glen J. Learner & Associates as counsel of record for respondent Surgicare. Surgicare shall have 30 days from the date of this order to retain new counsel and cause counsel to enter an appearance with this court. Alternatively, if Surgicare will not be retaining new counsel it shall so inform this court within the same time period. We caution Surgicare that failure to retain new counsel will result in Surgicare not being permitted to file documents in this appeal. See NRAP 46(b). Attorney Jeffrey J. Whitehead, of Whitehead Law Offices, has moved for leave to withdraw as counsel of record for respondent Diagnostic Imaging. Mr. Whitehead represents that Diagnostic Imaging 'has terminated its relationship with Whitehead Law Offices and has retained new counsel.' Mr. Whitehead further states that he believes Diagnostic Imaging's new counsel is Dennis M. Prince, of the law firm of Prince & Keating, LLP. Cause appearing, we grant the motion. See SCR 166(1)(c). The clerk shall remove Mr. Whitehead as counsel of record for respondent Diagnostic Imaging. Mr. Prince shall have 10 days from the date of this order to file a notice of appearance on behalf of Diagnostic Imaging with this court. Mr. Prince shall have 40 days from the date of this order to file Diagnostic Imaging's answering brief. In the event Mr. Prince does not represent Diagnostic Imaging in this appeal, he shall so inform this court within 10 days from the date of this order. Appellant and respondents Advanced Orthopedic Care Associates and Louis Mortillaro, Ph.D. ('Advanced Orthopedic') have stipulated to an extension of time to file Advanced Orthopedic's answering brief. fn1[The stipulation also indicates that it was filed on behalf of respondent David Lanskowsky, M.D. We note, however, that Mr. Lanskowsky has not been identified as a respondent to this appeal.] Cause appearing, we approve the stipulation. Advanced Orthopedic shall have until March 15, 2004, to file and serve their answering brief. Our review of the opening brief indicates that it was not properly served on the parties that are represented by counsel. Specifically, it does not appear that appellant served all counsel with a copy of the brief and appendix. Appellant shall have 10 days from the date of this order to serve opposing counsel with a copy of the opening brief and appendix and file proof of such service with this court. Respondents W. Randall Mainor, Esq.; Thomas J. Murphrey, Esq.; and Infinity Capital Management shall have 40 days from the date of this order to file their answering briefs. Appellant shall have 30 days from service of the answering briefs to file and serve a reply brief, if deemed necessary. 04-03631
03/10/2004Other Returned Mail. Order filed 02/25/04 addressed to Glen J. Lerner remailed to corrected address.
03/18/2004BriefFiled Answering Brief. Respondents Loius Mortillaro, Ph.D., Advanced Orthopedic Care Associates, and Ddavid Lanskowsky, M.D.'s Answering Brief. 04-05172
04/05/2004BriefFiled Answering Brief. Respondent Diagnostic Imaging of Southern Nevada's Answering Brief. 04-06175
04/05/2004AppendixFiled Appendix to Answering Brief. Respondent Diagnostic Imaging of Southern Nevada's Appendix. 04-06176
04/07/2004Notice/IncomingFiled Notice of Appearance. Santoro, Driggs, Walch, Kearney, Johnson & Thompson is representing Respondent Diagnositc Imaging of Southern Nevada 04-06449
04/12/2004Notice/IncomingFiled Proof of Service. Certificate of Mailing for Notice of Appearance. 04-06716
05/10/2004Notice/IncomingFiled Notice. Notice of Appearance (Daniel S. Simon as counsel for Advanced Pain Institute) and joinder in the answering brief submitted by respondent Lanskowsky. 04-08632
06/10/2004MotionFiled Motion. Attorney Andrew S. Myers. 04-10767
06/29/2004Order/ProceduralFiled Order. We again direct appellant to serve opposing counsel with a copy of the opening brief and appendix and file proof of such service with this court within 10 days from the date of this order. Failure to comply with this order may result in the imposition of sanctions. fn1[We defer ruling on attorney Andrew S. Myers' motion to withdraw as counsel of record for appellant pending receipt of the proof of service of the opening brief and appendix.] To date, Surgicare has not caused new counsel to enter a notice of appearance on its behalf. We conclude that Surgicare will be proceeding without counsel for this appeal. We remind Surgicare that it may not file documents in this appeal without prior permission from this court. See NRAP 46(b). 04-11886
07/14/2004Notice/IncomingFiled Proof of Service. (Opening Brief and Appendix). 04-12821
07/23/2004Order/ProceduralFiled Order Granting Motion. On June 10, 2004, attorney Andrew S. Myers filed a motion to withdraw as counsel for appellant. Mr. Myers informs this court that he accepted a position with the State Public Defender's Office in Winnemucca, effective June 1, 2004, and therefore is not able to proceed as counsel in this case. Mr. Myers served the motion on appellant on June 8, 2004. To date, appellant has not filed a written response to the motion. Cause appearing, we grant the motion to withdraw as counsel. fn1[We initially deferred ruling on Mr. Myers' motion pending receipt of proof of service of the opening brief and appendix. On July 14, 2004, Mr. Myers provided this court with proof that he had served opposing counsel with a copy of the opening brief and appendix. The certificate of service indicates that Mr. Myers served opposing counsel with the opening brief and appendix on December 19, 2003, and that on July 12, 2004, he served them with a copy of the certificate of service that was filed with this court on July 14, 2004.] The clerk of this court shall remove Andrew S. Myers as counsel of record for appellant in this appeal. Appellant shall, within 30 days from the date of this order, retain new counsel and cause new counsel to file a notice of appearance on appellant's behalf. Alternatively, if appellant does not intend to obtain new counsel, he shall so inform this court in writing within the same time period. Failure to obtain new counsel will result in this appeal proceeding as a proper person appeal. 04-13394
08/09/2004Notice/OutgoingIssued Letter. to OptionCare of Nevada returning medical records relating to John Gumm received on August 6, 2004.
09/30/2004Order/ProceduralFiled Order. As noted above, appellant has filed the opening brief and appendix and all respondents that are represented by counsel have either filed their answering briefs or failed to file their answering briefs within the time permitted by NRAP 31(a)(1) or specifically set by this court. fn2[Respondents Advanced Prosthetics and Orthotics, Affordable Hearing Centers, Associated Pathologists, HealthSouth Rehab, Kelly G. Hawkins & Associates, Lake Mead Hospital Medical Center, Lake Mead Radiologists, Las Vegas Therapy & Diagnostic Center, Option Home Health Care, Orthofix, Inc., and Surgicare/Medical Acquisitions, Inc., are not represented by counsel and thus are not permitted to file documents in this appeal. See NRAP 46(b).] Additionally, appellant failed to file a brief in reply to any of the previously filed answering briefs within the time permitted by NRAP 31(a)(1). fn3[We note that the deadlines for filing reply briefs passed before attorney Myers filed the motion to withdraw as counsel for appellant on June 10, 2004.] Consequently, appellant has waived the right to file reply briefs to any of the previously filed answering briefs. See NRAP 28(c). Based on the foregoing, we conclude that the briefing of this appeal is completed. Moreover, because appellant has elected not to retain counsel at this time, this appeal will proceed as a proper person appeal. 04-18090
04/06/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the En Banc Court as of the date of this order on the briefs filed herein. 05-06681
04/06/2005Case Status Update Submitted for Decision. To the En Banc Court. EN BANC
06/02/2005Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. "We reverse that portion of the district court's order pertaining to Mainor's lien and affirm the remainder of the order. We remand this matter to the district court for further proceedings." EN BANC 05-10847
06/28/2005RemittiturIssued Remittitur. 05-12543
06/28/2005Case Status Update Remittitur Issued/Case Closed.
07/22/2005RemittiturFiled Remittitur. Received by County Clerk on June 30, 2005. 05-12543
08/05/2005Other Returned Mail. Remittitur addressed to Mainor Harris remailed to corrected address.