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United States Court Cases

Nevada Supreme/Appellate Court Record

HEALTH PLAN OF NEVADA VS. RAINBOW MEDICAL

Case Information: 39712
Short Caption:HEALTH PLAN OF NEVADA VS. RAINBOW MEDICALCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A437299Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:06/06/2002 / Levitt, LansfordSP Status:Completed
Oral Argument:06/23/2004 at 8:30 AMOral Argument Location:Carson City
Submission Date:06/23/2004How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/04/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Jimmerson Hansen, P.C.--check no. 22040.
06/04/2002Notice 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.) 02-09710
06/06/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/10/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 on cross-appeal from Marquis & Aurbach--check no. 60323.
06/10/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 02-10007
06/12/2002Notice/Outgoing Letter. Lansford W. Levitt. (Notice of Cross-Appeal)
06/21/2002Notice/IncomingFiled Notice of Association of Counsel. Appellant/Cross-Respondent, Health Plan of Nevada, Inc., does hereby associate Daniel F. Polsenberg, of the law firm of Beckley with the law firm of Jimmerson Hansen. 02-10786
06/21/2002Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 02-10788
06/24/2002Notice/Outgoing Letter. Lansford W. Levitt. (Docketing statement of Appellant/Cross-Respondent)
06/25/2002Notice/Outgoing Letter. Lansford W. Levitt. (Notice of Association of Counsel)
06/27/2002Docketing StatementFiled Docketing Statement. Respondents/Cross-Appellants. 02-11050
06/28/2002Notice/Outgoing Letter. Lansford W. Levitt. (Docketing statement of Respondent/Cross-Appellant)
08/26/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-14639
09/09/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent and respondents/cross-appellants each: 15 days to comply with NRAP 9(a). Appellant/cross-respondent: 120 days to file and serve opening brief and appendix. Respondents/cross-appellants: 30 days thereafter to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant/cross-respondent: 30 days thereafter to file a combined reply brief on appeal and answering brief on cross-appeal. Respondents/cross-appellants: 30 days thereafter to file and serve a reply brief on cross-appeal. 02-15488
09/26/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: May 23, 2002. To Court Reporter: Tina Smith (Appellant/Cross-Respondent). 02-16705
10/14/2002Order/ProceduralFiled Order. To date, respondents have failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. Respondents shall, within 10 days from the date of this order, file and serve the required document. 02-17663
10/28/2002Transcript RequestFiled Certificate of No Transcript Request. Respondent/Cross-Appellant. 02-18541
12/05/2002Order/Procedural Order. Court recorder Tina Smith shall have 20 days from the date of this order to prepare and file the requested transcript. If more time is needed to complete the preparation of the transcript, within the same time period, shall file a motion requesting an extension of time or if the transcript cannot be produced, shall notify this court, in writing, of this fact. 02-20783
01/09/2003MotionFiled Motion and Order Extending Time. Brief due: February 5, 2003. 03-00471
02/07/2003MotionFiled Motion to Extend Time. Motion for Additional Time in which to file Appellant's Opening Brief. 03-02225
02/11/2003Order/ProceduralFiled Order Granting Motion. filed February 7, 2003. Appellant shall have until March 7, 2003, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-02363
03/10/2003MotionFiled Motion to Extend Time. 03-03978
03/10/2003AppendixFiled Appendix to Opening Brief. Vols. 1 through 11. 03-03993
03/28/2003Order/ProceduralFiled Order Granting Motion. On March 10, 2003, appellant filed a motion requesting a third extension of time to file the opening brief. We conclude that appellant has failed to demonstrate extreme and unforeseeable circumstances for the requested extension. Nevertheless, no opposition having been filed, we grant the motion. Appellant shall have until April 7, 2003, to file and serve the opening brief. We again caution appellant's counsel that any further extensions of time will be granted only on showing of extreme and unforeseeable circumstances, and that counsel's caseload will not be deemed such a circumstance. 03-05268
04/09/2003MotionFiled Motion and Order/Excess Pages. Granted: 41 pages. 03-05981
04/09/2003BriefFiled Opening Brief. STRICKEN BY ORDER 05/07/03. 03-05982
04/14/2003MotionFiled Motion. Notice of Errata and Request for Leave to File Amended Opening Brief. 03-06374
05/07/2003Order/ProceduralFiled Order. Filing Amended Opening Brief. We grant the unopposed motion filed April 14, 2003. The clerk of this court shall strike the opening brief filed on April 7, 2003, and file the amended opening brief received on April 14, 2003. Respondents shall have 30 days from the date of this order to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant shall have 30 days from service of respondents' combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondents shall have 30 days from service of appellant's combined brief to file a reply brief on cross-appeal. 03-07802
05/07/2003BriefFiled Amended Brief. Appellant's Amended opening Brief. Mailed on: 04/10/03. 03-06375
05/09/2003Notice/IncomingFiled Notice of Association of Counsel. Robert L. Eisenberg is associating counsel for respondents/cross-appellants. 03-07963
06/09/2003MotionFiled Motion and Order Extending Time. Brief due: July 7, 2003. 03-09609
07/09/2003MotionFiled Motion for Excess Pages. Motion to Exceed Page Limit. 03-11540
07/09/2003BriefReceived Answering Brief. 03-11541
07/11/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed July 9, 2003. Appellant/Cross-Respondent shall have 30 days from the date of this order to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondents shall have 30 days from service of appellant's combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. 03-11693
07/11/2003BriefFiled Answering Brief. 03-11541
08/13/2003MotionFiled Motion and Order Extending Time. Brief due: September 10, 2003. 03-13545
09/08/2003MotionFiled Response to Motion. Opposition to Further Continuances and Request for Notice. 03-15012
09/15/2003BriefFiled Reply Brief. Appellant/Cross-Respondent. 03-15377
09/15/2003MotionFiled Motion. Motion for Order Precluding Further Briefs by Appellant and for an Order Submitting the Matter on the Briefs. 03-15380
09/23/2003Order/ProceduralFiled Order. Regarding Transcript. Our review of the briefs filed with this court indicates that none of the briefs include any citations to the transcript of May 23, 2002. Accordingly, in the interest of judicial economy, we waive the requirements of NRAP 9(b) and conclude that court reporter Tina Smith is no longer obligated to produce and file the transcript of May 23, 2002, as it appears that it is not necessary for our review of this appeal. We admonish Ms. Smith for her failure to file the transcript requested by appellant. If the parties conclude that this court's consideration of that transcript is necessary for resolution of this appeal, they shall so inform this court in writing within 10 days from the date of this order. 03-15870
02/13/2004Order/ProceduralFiled Order. On August 13, 2003, this court granted appellant/cross-respondent's ('appellant') motion for an extension of time until September 10, 2003, to file a combined reply brief on appeal and answering brief on cross-appeal. On September 8, 2003, respondents/cross-appellants ('respondents') filed an 'Opposition to Further Continuances and Request for Notice.' Additionally, respondents note they were not provided with notice of appellant's August 13, 2002, motion. A review of the certificate of service provided with appellant's motion indicates that appellant did not serve counsel for Rainbow Medical, LLC. We remind counsel that all parties to the appeal must be served with copies of all papers filed. On September 15, 2003, appellant filed the combined reply brief on appeal and answering brief on cross-appeal. Later that same date, respondents filed a 'Motion for Order Precluding Further Briefs by Appellant and For an Order Submitting the Matter on the Briefs.' Appellant's combined brief having been filed prior to the filing of respondents' motion to preclude further briefs, we deny respondents' motion. Respondents shall have 30 days from the date of this order to file a reply brief on cross-appeal. 04-02830
02/26/2004Notice/IncomingFiled Notice of Election Not to File a Reply Brief. Respondent/Cross-Appellant. 04-03674
05/13/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 23, 2004, at 8:30 a.m. (En Banc)
06/08/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
06/23/2004Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC
09/14/2004MotionFiled Motion. Motion for Permission to File Post-Argument Supplemental Authorities. 04-16867
09/22/2004Order/ProceduralFiled Order Granting Motion. Oral argument for this appeal was held on June 23, 2004. On September 14, 2004, respondents/cross-appellants ('respondents') moved for leave to file a document entitled 'Respondents' Supplemental Authorities.' Cause appearing, we grant the motion. The clerk shall file 'Respondents' Supplemental Authorities' received on September 14, 2004. In taking this appeal under consideration, this court shall consider the supplemental authorities filed by respondents. 04-17541
09/22/2004BriefFiled Supplemental Authorities. Respondents' Supplemental Authorities. 04-16868
11/10/2004Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court EN BANC. Author: Per Curiam. Majority: Shearing/Agosti/Rose/Becker/Maupin/Gibbons/Douglas. 120 Nev. Adv. Opn. No. 78. EN BANC. 04-20679
12/07/2004RemittiturIssued Remittitur. 04-21144
12/07/2004Case Status Update Remittitur Issued/Case Closed.
12/15/2004RemittiturFiled Remittitur. Received by County Clerk on December 9, 2004. 04-21144