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United States Court Cases

Nevada Supreme/Appellate Court Record

SHELKSOHN VS. YEH

Case Information: 48535
Short Caption:SHELKSOHN VS. YEHCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A441816Classification:Civil Appeal - General - Other
Disqualifications:ParraguirreCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:12/13/2006 / Saint-Aubin, RobertSP Status:Completed
Oral Argument:02/03/2009 at 11:30 AMOral Argument Location:Carson City
Submission Date:02/03/2009How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/08/2006Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Shook & Stone, Chtd.--check no. 14000.
12/08/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice Re Settlement Conference Program and Suspension of Rules mailed to all counsel. (The requesting of transcripts and briefing are stayed pursuant to NRAP 16(a)(1). Docketing Statement Form mailed to counsel for appellant(s).) 06-25083
12/08/2006OtherDisqualification of Justice Parraguirre. Sat in district court proceedings.
12/13/2006Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Robert F. Saint-Aubin.
01/09/2007Notice/OutgoingIssued Notice to File Docketing Statement.
01/22/2007Docketing StatementFiled Docketing Statement. 07-01668
01/23/2007Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is not appropriate for mediation and should be removed from the settlement conference program. 07-01730
02/06/2007Settlement Order/Procedural Order Removing From Settlement Program/Briefing Reinstated. and Reinstating Briefing. Pursuant to the recommendation of the settlement judge and good cause appearing, this appeal is removed from the settlement conference program. We reinstate the deadlines for requesting transcripts and filing briefs. Appellants: 15 days to comply with NRAP 9(a); 90 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 07-03028
02/15/2007TranscriptFiled Transcript. Proceedings: October 6, 2006. Court Reporter: Kit MacDonald. 07-03708
02/28/2007Notice/OutgoingIssued Notice to Request Transcripts. 07-04859
03/02/2007Order/ProceduralFiled Order/Show Cause. Appellants shall have 15 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. Respondents may file any reply within 10 days from the date when appellants' response is served. 07-05038
03/16/2007Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 09/26/06. To Court Reporter: Kit MacDonald. 07-06144
03/16/2007MotionFiled Response to Order to Show Cause. 07-06145
03/27/2007Notice/OutgoingIssued Notice to Transmit Required Document. District Court Order filed on March 14, 2007. Due Date: 10 days. 07-06850
04/04/2007Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of Order Denying Plaintiffs' Motion for New Trial filed in district court on March 14, 2007. 07-07555
04/09/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 07-07879
04/24/2007Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/3/06 through 10/12/06. To Court Reporter: Kit MacDonald. 07-09128
04/30/2007Order/ProceduralFiled Order. Allowing Appeal to Proceed. Although appellants did not provide this court with a district court order resolving the tolling motion in response to the order to show cause, the district court clerk recently transmitted to this court a written order resolving the motion for a new trial. This appeal may proceed. Appellants agree that ACI and DBEMO are not properly parties to this appeal. We direct the clerk to amend the caption on this court's docket by removing as respondents Anesthesiology Consultants, Inc., and Burnett, Diamant, Evans, Merriman, Olsen, Ltd. fn7[Briefing shall proceed as provided in this court's February 6, 2007, order concluding the settlement proceedings and reinstating briefing.] 07-09533
05/08/2007MotionFiled Motion to Extend Time. Motion to Extend Briefing Schedule. 07-10196
05/16/2007Order/ProceduralFiled Order Granting Motion. for Extension and Regarding Transcripts. Opening brief and appendix due: July 6, 2007. fn1[Copies of the transcript request forms are attached to this order.] Ms. McDonald and Ms. Cook shall file and serve all requested transcripts within 30 days from the date of this order. fn2[On February 15, 2007, Ms. McDonald filed the certified transcript of the proceedings held on October 6, 2006.] If more time is needed, Ms. McDonald and Ms. Cook shall, within the same time period, file a motion requesting an extension of time or if the transcripts cannot be produced, shall notify this court, in writing, of this fact. 07-10864
05/21/2007MotionFiled Motion to Extend Time. Reporter's Request for Extension for Preparation of Transcripts. (Kit MacDonald). 07-11110
06/13/2007Order/ProceduralFiled Order Granting Motion. for extension of time to file Transcripts and Extending time to file Opening Brief and Appendix. Ms. MacDonald shall file and serve the requested transcripts within 45 days from the date of this order. Appellants shall have 75 days from the date of this order to file and serve the opening brief and appendix. 07-12949
08/08/2007MotionFiled Motion to Extend Time. Motion to Extend Briefing Schedule. 07-17492
08/14/2007TranscriptFiled Transcript. Proceedings: 09/26/06; 10/3/06; 10/4/06; 10/5/06 and 10/6/06. Court Reporter: Kit MacDonald. 07-17968
09/11/2007MotionFiled Motion to Extend Time. Motion to Extend Briefing Schedule. 07-20006
09/25/2007Order/ProceduralFiled Order Granting Motion. for Extension and Regarding Transcripts. Ms. Cook has not filed the requested transcripts. Requested transcripts due: 20 days. Ms. MacDonald shall have 20 days to file the voir dire portion of proceedings held on 10/4/06. Appellant's opening brief and appendix due: 50 days. 07-21163
10/03/2007TranscriptFiled Transcript. Proceedings: 10/9/06; 10/10/06; 10/11/06 and 10/12/06. Court Reporter: Mary Beth Cook. 07-21815
10/08/2007Notice/IncomingFiled Affidavit. Affidavit Re: Preparation of Transcript of Jury Voir Dire (in response to 9/25/07 order). 07-22063
10/19/2007Order/ProceduralFiled Order. Notice regarding transcript due from appellants: 7 days. 07-23064
10/29/2007Notice/IncomingFiled Affidavit. Affidavit of Intent to Use NRAP 9(d). 07-23714
11/14/2007MotionFiled Motion and Order Extending Time. Brief due: December 3, 2007. 07-24819
11/21/2007Order/ProceduralFiled Order. Within 30 days from the date of this order, appellants shall file a report in this court regarding the status of the NRAP 9(d) proceedings. Opening Brief and Appendix due: 60 days. 07-25375
11/30/2007Other Other. Filed Respondent's Objections to Appellants' NRAP 9(d) Statement of the Proceedings when No Report was Made: Voir Dire. STRICKEN PER ORDER OF 12/10/07. 07-25954
12/10/2007Order/ProceduralFiled Order. Striking Document. The clerk shall strike the document entitled 'Respondent's Objections to Appellants' NRAP 9(D) Statement of the Proceedings When no Report was Made: Voir Dire' from the docket in this appeal. 07-26786
12/24/2007MotionFiled Motion. NRAP 9(d) Status Brief and Motion to Strike Respondent's Objection and Opposition to Plaintiffs' Motion to Supplement the Trial Record pursuant to NRAP 9(d) and Motion to Extend Briefing. 07-27846
01/16/2008MotionFiled Response to Motion. Respondent's Opposition to Appellant's Motion to Strike Respondent's Objection and Opposition to Plaintiff's Motion to Supplement the Trial Record Pursuant to NRAP 9(d) and; Opposition to Motion to Extend Briefing. 08-01244
01/17/2008Order/ProceduralFiled Order. Appellant's move this court to strike respondent's opposition. We deny the motion. Opening Brief and Appendix due: 02/06/08. 08-01299
01/22/2008Notice/OutgoingIssued Letter. to attorney John B. Shook returning his document entitled Reply to Respondent's Opposition to Appellants' Motions to Strike Pleadings and to Extend Briefing Schedule 08-01610
02/07/2008MotionFiled Motion to Extend Time. 08-03142
03/04/2008Order/ProceduralFiled Order. Granting Motion and Directing Appellants to File a Status Report. Opening Brief and Appendix due: March 24, 2008. Appellant's Status Report due: 10 days. 08-05468
03/18/2008Notice/IncomingFiled Status Report. Second NRAP 9(d) Status Brief to Plaintiff's Motion to Supplement the Trial Record Pursuant to NRAP 9(d) and Motion to Extend Briefing. 08-06749
03/19/2008Notice/OutgoingIssued Letter. Attorney S. Brent Vogel - returning unfiled "Respondent's Opposition to Appellants' Motion to Extend Briefing," as untimely. 08-06850
03/27/2008Order/ProceduralFiled Order. Granting Motion. Opening Brief and Appendix due: 30 days. 08-07550
04/28/2008MotionFiled Motion. Third Status Brief to Appellants' Motion to Supplement the Trial Record Pursuant to NRAP 9(d) and Motion to Extend Briefing. 08-10568
05/09/2008AppendixReceived Appendix to Opening Brief. Vols. 1 through 7. (FILED PER ORDER 05/13/08). 08-11587
05/13/2008Order/ProceduralFiled Order. Granting Motion. The clerk of this court shall file the opening brief and appendix received on May 9, 2008. Answering Brief due: 30 days. 08-11997
05/13/2008BriefFiled Opening Brief. 08-11585
05/13/2008AppendixFiled Appendix to Opening Brief. Vols. 1 through 7. 08-11587
05/19/2008Notice/IncomingFiled Proof of Service. Appellant's Opening Brief. 08-12559
06/13/2008BriefFiled Answering Brief. 08-15142
07/17/2008BriefFiled Reply Brief. 08-18420
07/18/2008Notice/IncomingFiled Proof of Service. -Appellant's Reply Brief. 08-18607
12/23/2008Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 3, 2009 at 11:30 a.m. (En Banc) 08-32580
01/14/2009Notice/OutgoingIssued Letter to Governor. Judge Richard Wagner to replace disqualified Justice Parraguirre. 09-01266
01/20/2009Notice/OutgoingIssued Oral Argument Reminder Notice. 09-01518
01/28/2009Order/IncomingFiled Executive Order. District Judge Richard Wagner appointed to sit in the place of Justice Parraguirre. 09-02389
02/03/2009Case Status Update Submitted for Decision.
09/08/2009Order/DispositionalFiled Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." Pickering, J., with whom Hardesty, C.J. agress, dissenting. Fn1 [The Honorable Richard Wagner, Judge of the Sixth Judicial District Court, was designated by the Governor to sit in place of the Honorable Ron Parraguirre, Justice, who voluntarily recused himself from participation in the decision of this matter.] EN BANC-MD/MC/NS/MG/RW. 09-21690
09/15/2009Other Returned Mail. Order filed 9/8/09 addressed to Tuverson & McBride. Per phone call to firm, zip code was incorrect. Updated zip code and remailed Order. 09-22379
10/06/2009RemittiturIssued Remittitur. 09-22846
10/06/2009Case Status Update Remittitur Issued/Case Closed.
10/16/2009RemittiturFiled Remittitur. Received by County Clerk on October 12, 2009. 09-22846