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United States Court Cases

Nevada Supreme/Appellate Court Record

MONROE VS. COLUMBIA SUNRISE HOSP. & MED. CTR.

Case Information: 44326
Short Caption:MONROE VS. COLUMBIA SUNRISE HOSP. & MED. CTR.Court:Supreme Court
Related Case(s): 41532 , 41609
Lower Court Case(s):Clark Co. - Eighth Judicial District - A391530Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:12/07/2004 / Osko, EugeneSP Status:Completed
Oral Argument:02/09/2007 at 10:30 AMOral Argument Location:Regional Justice Center
Submission Date:02/09/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/01/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Althea Gilkey - check no. 1332.
12/01/2004Notice 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.) 04-21935
12/03/2004Notice/OutgoingIssued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties.
12/07/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Eugene Osko. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/13/2004Notice/IncomingFiled Notice of Change of Address. Althea Gilkey. 04-22699
12/23/2004Other Returned Unfiled Document.
01/18/2005Docketing StatementFiled Docketing Statement. 05-01134
01/24/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: February 7, 2005 (as to Respondent Kurlinski only.) All other parties were unable to agree to a settlement of this matter. 05-01493
02/09/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: February 25, 2005. 05-02662
02/28/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 25, 2005. 05-03873
03/10/2005MotionFiled Motion. Emergency Motion for Limited Remand and Dismissal of Respondent J. Parker Kurlinski, M.D. Pursuant to Huneycutt. 05-04818
03/17/2005Order/ProceduralFiled Order. of Limted Remand, Partially Dismissing Appeal, and Reinstating Briefing. Cause appearing, we grant appellant's motion for partial dismissal of this appeal and for limited remand. Accordingly, we remand this matter to the district court pursuant to its certification, and we order this appeal dismissed as to respondent Dr. Kurlinski. Pursuant to NRAP 16(g), the settlement judge has filed a report with this court indicating that the remaining parties to this appeal were unable to agree to a settlement. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. Appellant shall have 10 days from the date of this order to request transcripts in compliance with NRAP 9(a). Further, appellant shall have 70 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). In preparing and assembling the appendix, counsel shall strictly comply with the provisions of NRAP 30. 05-05271
03/22/2005Notice/IncomingFiled Substitution of Attorneys. Hall Prangle & Schoonveld in place and stead of Earley Savage as counsel for respondent Sunrise Hospital & Medical Center. 05-05563
03/31/2005Notice/IncomingFiled Proof of Service. for Substitution of Attorneys. 05-06300
03/31/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 09/13/04, 10/04/04, 10/18/04, 12/06/04, and 12/13/04. To Court Reporter: Heishman Shrader Certified Court Reporters. Issued Notice for a complete proof of service. 05-06321
04/01/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter. (Respondent Kurlinski only) 05-06464
05/12/2005Order/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. 05-09287
05/27/2005MotionFiled Motion to Dismiss Appeal. Appellant's Motion to Dismiss Respondent Barry Halpern M.D. Only. 05-10460
06/09/2005MotionFiled Response to Motion. Respondent Barry Halpern, M.D.'s Response to Appellant's Motion to Dismiss. 05-11336
06/10/2005MotionFiled Motion to Dismiss Appeal. Appellant's Supplemental Filing in Support of Motion to Dismiss Respondent Barry Halpern M.D. Only 05-11443
06/13/2005MotionFiled Response to Order to Show Cause. 05-11516
06/23/2005MotionFiled Reply to Response. Respondent Barry Halpern, M.D.'s Reply to Show Cause Order. 05-12402
06/23/2005MotionFiled Motion. Respondent Barry Halpern's Motion to Strike and Request for Sanctions. 05-12403
07/06/2005Order/ProceduralFiled Order. Allowing Appeal to Proceed, Granting Motion to Dismiss Respondent Barry Halpern, M.D., and Denying Motion to Strike and for Sanctions. Having reviewed appellant's response and Halpern's reply, we conclude that jurisdiction is proper and that this appeal may proceed. Appellant has also moved to dismiss Halpern as a respondent from this appeal. Halpern has filed a response in which he agrees that he should be dismissed, but argues that any dismissal should be with prejudice. We grant appellant's motion, and dismiss Halpern as a respondent. We deny Halpern's request that this dismissal be with prejudice to any future appeal arising from the district court litigation currently pending in District Court Case No. A497498, styled as Monroe v. Halpern. Finally, we deny Halpern's motion to strike appellant's supplement and for sanctions. Accordingly, court reporter Heishman Shrader Certified Court Reporters shall have thirty days from the date of this order to comply with the provisions of NRAP 9(b). Appellant shall have one hundred days from the date of this order within which to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-13371
07/20/2005MotionFiled Motion. Respondent Barry Halpen, M.D.'s Motion for Attorney's Fees and Costs. 05-14370
08/01/2005MotionFiled Motion. Emergency Motion to Withdraw as Counsel of Record and Motion for Stay until Appellant's Retain New Counsel and Motion to Extend Briefing Schedule and Motion to Extend Time to Respond to Respondent Barry Halpern's Motion for Fees. 05-15187
08/09/2005MotionFiled Response to Motion. Respondent Sunrise Hospital's Statement of Non-Opposition to Appellants' Emergency Motion to Withdraw as Counsel of Record and for Stay of Proceedings. 05-15718
08/31/2005MotionFiled Motion. Emergency Motion to Withdraw Motions to Withdraw as Counsel of Record and for Stay until Appellants Retain New Counsel and Extend Briefing Schedule and Extend Time to Respond to Respondent Barry Halpern's Motion for Fees. 05-17216
09/09/2005MotionFiled Response to Motion. Respondent Barry Halpern's Opposition to Appellant's Emergency Motion to Extend Time to Respond to Respondent Barry Halpern's Motion for Fees. 05-17875
09/19/2005TranscriptFiled Transcript. Proceedings: October 18, 2004 and December 13, 2004. Court Reporters: Tessa R. Heishman and Gina M. Shrader. 05-18576
01/09/2006Order/ProceduralFiled Order. fn1[A copy of the transcript request form is attached to this order.] No court reporter is obligated to prepare transcripts for September 13, 2004, or December 6, 2004. Transcript due: 20 days. If more time is needed, Ms. Shrader shall, within the same time period, file a motion requesting an extension of time or if the transcript cannot be produced, notify this court, in writing, of this fact. On July 6, 2005, this court entered an order dismissing Barry Halpern, M.D., as a respondent. Halpern has now filed a motion for attorney fees and costs. Appellant's attorney, Althea Gilkey, filed a motion to withdraw as appellant's counsel. Thereafter, this court received a letter from appellant Marilyn Monroe. fn3[We direct the clerk to file the letter received on August 4, 2005.] We grant Ms. Gilkey's motion to withdraw her motion to withdraw as appellant's counsel. Ms. Gilkey remains appellant's counsel for this appeal. We grant the extension motions. Appellant shall have 15 days from the date of this order to file and serve a response to Halpern's motion for attorney fees and costs. Opening brief and appendix due: 50 days. Any additional extensions will be granted only upon a showing of extreme and unforeseeable circumstances. 06-00448
01/09/2006Other Incoming DocumentFiled Proper Person Document. Letter dated August 1, 2004 informing the Court that Althea Gilkey is no longer representing her in this matter. 05-15497
01/27/2006MotionFiled Response to Motion. Opposition to Respondent Barry Halpern, M.D.'s Motion for Attorney Fees and Costs. 06-02082
03/06/2006BriefFiled Opening Brief. 06-04906
03/06/2006AppendixFiled Appendix to Opening Brief. 06-04907
03/24/2006Order/ProceduralFiled Order. Appellant has filed a response to the motion for attorney fees and costs, and we now address the motion. We decline to award attorney fees and costs to Halpern. To date, Ms. Shrader has failed to file the transcript or to otherwise communicate with this court. However, we note that appellant included a copy of the October 4, 2004, transcript in the appendix to the opening brief. Accordingly, in the interest of judicial efficiency, Ms. Shrader is no longer obligated to file such a transcript in this court. We strongly admonish Ms. Shrader for failing to comply with our order with respect to the October 4, 2004, transcript and caution that continued failure to comply with our appellate rules and orders may result in the imposition of sanctions, including monetary sanctions and referral to the Certified Shorthand Reporters Board of Nevada. 06-06283
03/31/2006BriefFiled Answering Brief. Respondent Sunrise Hospital. 06-06847
03/31/2006AppendixFiled Appendix to Answering Brief. Respondent Sunrise Hospital. 06-06848
05/05/2006BriefFiled Reply Brief. 06-09431
09/28/2006Notice/IncomingFiled Notice of Change of Address. Attorney Althea Gilkey 06-19904
10/25/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 6, 2006, at 10:00 a.m. (SNP07M-MG/WM/MD)
11/17/2006Order/ProceduralFiled Order Rescheduling Oral Argument. We vacate the oral argument presently scheduled for December 6, 2006, at 10:00 a.m., and direct the clerk to schedule this appeal for oral argument before the Southern Nevada Panel on the next available calendar. Argument shall be limited to 30 minutes. 06-23660
12/15/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on February 9, 2007, at 10:30 a.m. (SNP07-MG/MD/MC)
01/25/2007Notice/OutgoingIssued Oral Argument Reminder Notice. 07-01956
02/09/2007Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP07-MG/MD/MC
05/17/2007Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part and remanded.' Before Gibbons, Douglas and Cherry, JJ. Author: Douglas, J. We concur: Gibbons and Cherry, JJ. 123 Nev. Adv. Opn. No. 13. SNP07 07-10901
06/08/2007Filing FeeReceived Filing Fee Paid on Filing. $150 from Althea Gilkey - money order no. 10809040994.
06/08/2007Post-Judgment PetitionFiled Petition for Rehearing. Appellant's. 07-12588
07/19/2007Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). 07-15823
08/14/2007RemittiturIssued Remittitur. 07-16906
08/14/2007Case Status Update Remittitur Issued/Case Closed.
08/22/2007RemittiturFiled Remittitur. Received by County Clerk on August 17, 2007. 07-16906
03/07/2008Notice/IncomingFiled Notice of Change of Address. For Hall Prangle & Schoonveld, LLC. 08-05841