| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 09/04/2001 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Myers & Spretnak--check no. 1016. | | |
| 09/04/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 01-14863
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| 09/06/2001 | Notice of Appeal Documents | Filed Case Appeal Statement. Filed in district court on: August 28, 2001. | | 01-15047
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| 09/17/2001 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 7/12/01. Court Reporter: Kris Cornelius. | | 01-15710
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| 09/17/2001 | Motion | Filed Motion. Motion to Return Appeal to Settlement Conference Program. | | 01-15711
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| 09/24/2001 | Docketing Statement | Filed Docketing Statement. | | 01-16085
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| 10/16/2001 | Notice/Incoming | Filed 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
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| 11/13/2001 | Motion | Filed 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
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| 02/11/2002 | Order/Procedural | Filed 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
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| 12/26/2002 | Opinion/Non-Dispositional | Filed 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
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| 01/17/2003 | Transcript | Filed Transcript. Proceedings: July 12, 2001. Court Reporter: Kristine Cornelius. | | 03-00995
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| 02/20/2003 | Motion | Filed Motion. Motion for Withdraw as Counsel for Appellant & Notice of Firm Address Change. | | 03-02872
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| 03/18/2003 | Order/Procedural | Filed 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
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| 03/28/2003 | Notice/Incoming | Filed Proof of Service. Errata to Certificate of Mailing re: Motion to Withdraw as Counsel for Appellant. | | 03-05228
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| 04/09/2003 | Motion | Filed Motion to Extend Time. Emergency Motion to Enlarge the Time for Filing Appellant's Opening Brief. | | 03-05986
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| 05/05/2003 | Notice/Incoming | Filed Notice. Kevin B. Christensen, Chtd., withdraws as counsel for respondent Orthofix, Inc. | | 03-07572
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| 05/23/2003 | Order/Procedural | Filed 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
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| 05/23/2003 | Other Incoming Document | Filed Proper Person Document. Letter dated April 2, 2003 in response to Moton to Withdraw as Counsel file on February 20, 2003. | | 03-05776
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| 07/30/2003 | Order/Procedural | Filed 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
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| 08/20/2003 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Andrew S. Myers. | | 03-14008
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| 10/22/2003 | Motion | Filed Motion to Extend Time. 45 days requested. | | 03-17602
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| 10/23/2003 | Order/Clerk's | Filed 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
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| 12/08/2003 | Motion | Filed Motion to Extend Time. (Second request) | | 03-20332
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| 12/08/2003 | Order/Clerk's | Filed 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
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| 12/17/2003 | Brief | Filed Opening Brief. | | 03-21027
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| 12/17/2003 | Appendix | Filed Appendix to Opening Brief. | | 03-21029
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| 01/13/2004 | Notice/Outgoing | Issued Notice of Deficient Brief. Returned Unfiled Respondent Krieger's Answering Brief an Appendix. Corrected brief and appendix due: 10 days. | | |
| 01/16/2004 | Motion | Filed Motion. Glen J. Lerner & Associates (counsel for Surgicare/Medical Acquisitions, Inc.). | | 04-01042
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| 01/22/2004 | Brief | Filed Answering Brief. (Krieger). | | 04-01280
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| 01/22/2004 | Appendix | Filed Appendix to Answering Brief. (Krieger). | | 04-01281
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| 01/22/2004 | Motion | Filed Motion and Order Extending Time. Advanced Pain Institute. Brief due: February 19, 2004. | | 04-01360
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| 02/02/2004 | Motion | Filed Stipulation. (Advanced Orthopedic Care, Mortillaro and Lanskowsky). | | 04-02130
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| 02/03/2004 | Notice/Incoming | Filed Proof of Service. (for Motion to Withdraw as Attorney of Record) | | 04-02131
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| 02/04/2004 | Motion | Filed Motion. Whitehead Law Offices, counsel for respondent Diagnostic Imaging of Southern Nevada. | | 04-02209
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| 02/20/2004 | Brief | Filed Answering Brief. Respondent Pain Institute of Nevada's Answering Brief. | | 04-03264
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| 02/20/2004 | Appendix | Filed Appendix to Answering Brief. Pain Institute of Nevada Appendix. | | 04-03265
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| 02/25/2004 | Order/Procedural | Filed 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
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| 03/10/2004 | Other | Returned Mail. Order filed 02/25/04 addressed to Glen J. Lerner remailed to corrected address. | | |
| 03/18/2004 | Brief | Filed Answering Brief. Respondents Loius Mortillaro, Ph.D., Advanced Orthopedic Care Associates, and Ddavid Lanskowsky, M.D.'s Answering Brief. | | 04-05172
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| 04/05/2004 | Brief | Filed Answering Brief. Respondent Diagnostic Imaging of Southern Nevada's Answering Brief. | | 04-06175
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| 04/05/2004 | Appendix | Filed Appendix to Answering Brief. Respondent Diagnostic Imaging of Southern Nevada's Appendix. | | 04-06176
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| 04/07/2004 | Notice/Incoming | Filed Notice of Appearance. Santoro, Driggs, Walch, Kearney, Johnson & Thompson is representing Respondent Diagnositc Imaging of Southern Nevada | | 04-06449
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| 04/12/2004 | Notice/Incoming | Filed Proof of Service. Certificate of Mailing for Notice of Appearance. | | 04-06716
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| 05/10/2004 | Notice/Incoming | Filed 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
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| 06/10/2004 | Motion | Filed Motion. Attorney Andrew S. Myers. | | 04-10767
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| 06/29/2004 | Order/Procedural | Filed 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
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| 07/14/2004 | Notice/Incoming | Filed Proof of Service. (Opening Brief and Appendix). | | 04-12821
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| 07/23/2004 | Order/Procedural | Filed 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
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| 08/09/2004 | Notice/Outgoing | Issued Letter. to OptionCare of Nevada returning medical records relating to John Gumm received on August 6, 2004. | | |
| 09/30/2004 | Order/Procedural | Filed 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
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| 04/06/2005 | Order/Procedural | Filed 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
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| 04/06/2005 | Case Status Update | Submitted for Decision. To the En Banc Court. EN BANC | | |
| 06/02/2005 | Order/Dispositional | Filed 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
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| 06/28/2005 | Remittitur | Issued Remittitur. | | 05-12543
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| 06/28/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 07/22/2005 | Remittitur | Filed Remittitur. Received by County Clerk on June 30, 2005. | | 05-12543
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| 08/05/2005 | Other | Returned Mail. Remittitur addressed to Mainor Harris remailed to corrected address. | | |