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United States Court Cases

Nevada Supreme/Appellate Court Record

RESOURCE HEALTHCARE VS. KILBURN

Case Information: 42417
Short Caption:RESOURCE HEALTHCARE VS. KILBURNCourt:Supreme Court
Related Case(s): 44344
Lower Court Case(s):Clark Co. - Eighth Judicial District - A445679Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:12/10/2003 / Scotti, RichardSP Status:Completed
Oral Argument:12/12/2005 at 1:00 PMOral Argument Location:Regional Justice Center
Submission Date:12/12/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/01/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from McDonald Carano Wilson LLP--check no. 11246.
12/01/2003Notice 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.) 03-19936
12/01/2003Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
12/09/2003Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on December 5, 2003. 03-20474
12/10/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Richard F. Scotti. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/12/2003Docketing StatementFiled Docketing Statement. 03-20716
12/15/2003Notice/Outgoing Letter. Richard F. Scotti. (docketing statement)
02/20/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 10, 2004. 04-03318
03/12/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 31, 2004. 04-04732
04/16/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: April 22, 2004. 04-07016
05/25/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-09632
05/28/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. 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). 04-09873
06/10/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 09/23/03, 10/06/03, 10/08/03, 10/13/03, 10/22/03, 10/28/03, 10/29/03, 10/30/03, 10/31/03, 11/04/03, 11/19/03, 12/15/03, and 01/14/04. To Court Reporter: Lee Bahr and Sharleen Nicholson. 04-10741
06/22/2004Order/ProceduralFiled Order/Show Cause. Appellant shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. The preparation of transcripts and the briefing schedule in this appeal shall be suspended pending further order of this court. Respondent may file any reply within 10 days from the date that appellant's response is served. 04-11317
07/06/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 04-12253
07/21/2004Docketing StatementFiled Docketing Statement. Amended Docketing Statement. 04-13262
07/26/2004MotionFiled Response to Order to Show Cause. Letter from McDonald Carano law firm enclosing a copy of Order Regarding Plaintiff's Emergency Motion filed in district court on Ju.y 22, 2004. 04-13485
07/26/2004Docketing StatementFiled Docketing Statement. Second Amended Docketing Statement. 04-13486
07/27/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Second Amended Notice of Appeal 04-13655
07/28/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Third Amended Notice of Appeal. 04-13766
09/17/2004Order/ProceduralFiled Order/Briefing Reinstated. On June 22, 2004, this court issued an order for appellants to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellants have filed a timely third amended notice of appeal. Therefore, it appears that the jurisdictional defect has been cured and the appeal may proceed. Court reporters Lee Bahr and Sharleen Nicholson shall have 30 days from the date of this order to comply with the provisions of NRAP 9(b). Appellant shall have 100 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). 04-17232
12/14/2004MotionFiled Motion to Extend Time. 04-22774
12/20/2004MotionFiled Response to Motion. Opposition to Motion for Extension of Time to File Opening Brief. 04-23134
12/20/2004Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days.
12/22/2004MotionFiled Motion for Permission to File Document. 04-23376
12/27/2004Notice/IncomingFiled Proof of Service. to Opposition to Motion for Extension of Time to File Opening Brief. 04-23468
01/21/2005TranscriptFiled Transcript. Proceedings: October 28, 29 and 30, 2003 and November 4, 2003, Vols. 1 through 4 and November 19, 2003, December 15, 2003, January 14, 2003 vol. 5. Court Reporter: Lee M. Bahr. 05-01423
01/27/2005TranscriptFiled Transcript. Proceedings: Tuesday, September 23, 2003; Monday, October 6, 2003; Wednesday, October 8, 2003; Monday, October 13, 2003; Wednesday, October 22, 2003. Court Recorder: Sharleen Nicholson. 05-01804
02/02/2005Order/ProceduralFiled Order Granting Motion. filed December 14, 2004 and December 22, 2004. On December 14, 2004, appellant filed a motion for an extension of time to file the opening brief and appendix. In support of the motion, appellant states that the request is 'a product' of efforts taken after the completion of the settlement conference program to agree to a settlement. fn1[This court entered an order on September 17, 2004, concluding the settlement conference program because the parties were unable to agree to a settlement. However, appellants state that the parties last met with the settlement judge on December 3, 2004.] Respondent opposes the motion. Appellants have moved to file a reply to the opposition. Cause appearing, we grant the motion. The clerk of this court shall file the reply received on December 22, 2004. We note that this is appellants' first request for an extension of time to file the opening brief. We further note that appellants have thus far complied timely with all other filing deadlines in this court. Accordingly, cause appearing, we grant the motion. Appellants shall have until February 25, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 05-02114
02/02/2005MotionFiled Reply to Response. 04-23377
02/28/2005BriefFiled Opening Brief. 05-03917
02/28/2005AppendixFiled Appendix to Opening Brief. Vols. 1 through 8 (including 6a and 6b). 05-03919
03/25/2005BriefFiled Answering Brief. 05-05853
04/04/2005MotionFiled Motion and Order Extending Time. Brief due: May 25, 2005. 05-06584
05/27/2005BriefFiled Reply Brief. 05-10499
10/26/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 12, 2005, at 1:00 p.m. (SNP06-WM/MG/JH)
11/28/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
12/12/2005Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP06-WM/MG/JH
05/17/2006Order/DispositionalFiled Dispositional Order/Appeal. 'ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order. Further, we vacate the order of the district court awarding attorney fees and costs.' SNP06-WM/MG/JH 06-10321
06/13/2006RemittiturIssued Remittitur. 06-10582
06/13/2006Case Status Update Remittitur Issued/Case Closed.
06/22/2006RemittiturFiled Remittitur. Received by County Clerk on June 15, 2006. 06-10582