Leavitt v. Siems, 330 P.3d 1

59369: Case View

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SIEMS, M.D. Classification: Civil Appeal - General - Other Lower Court Case(s): Clark Co. - Eighth Judicial District - A560957 Case Status: Remittitur Issued/Case Closed Disqualifications: Panel Assigned: En Banc Replacement: To SP/Judge: 10/10/2011 / Haberfeld, Stephen SP Status: Completed Oral Argument: 01/06/2014 at 2:00 PM Oral Argument Location: Carson City Submission Date: 01/06/2014 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Kami Leavitt Thomas Christensen (Christensen Law Offices, LLC) Dawn A. Hooker (Christensen Law Offices, LLC) Respondent Jon L. Siems, M.D. Chelsea Hueth (Alverson Taylor Mortensen & Sanders) David J. Mortensen (Alverson Taylor Mortensen & Sanders) Respondent Siems Advanced Lasik and Refractive Surgery Center Chelsea Hueth (Alverson Taylor Mortensen & Sanders) David J. Mortensen (Alverson Taylor Mortensen & Sanders) 14-22349: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Docket Entries Date Type Description Pending? Document 10/07/2011 Filing Fee Filing fee due for Appeal. Filing fee will be forwarded by the District Court. 10/07/2011 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 11-30807 10/07/2011 Notice/Outgoing Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. 11-30813 10/11/2011 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Stephen E. Haberfeld. 11-31178 10/13/2011 Filing Fee Filing Fee Paid. $250.00 from Christensen Law Offices, LLC. Check no. 100473. 10/25/2011 Notice/Incoming Filed Notice of Appearance Notice of Appearance of Counsel (David J. Mortensen and Chelsea Hueth appearing for Respondent). 11-32959 10/26/2011 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant's docketing statement due: November 4, 2011. 11-33088 10/31/2011 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for January 20, 2012. 11-33427 11/02/2011 Docketing Statement Filed Docketing Statement. 11-33721 11/02/2011 Docketing Statement Filed Docketing Statement (cont.) - Exhibits - 11-33722 11/02/2011 Docketing Statement Filed Docketing Statement (cont.) - Exhibits - 11-33724 11/02/2011 Notice/Incoming Filed Receipt of Copy - Docketing Statement served on Alverson Taylor Mortensen & Sanders. 11-33771 11/02/2011 Notice/Outgoing Issued Notice to Provide Proof of Service on Settlement Judge (docketing statement). 11-33784 11/03/2011 Notice/Incoming Filed Certificate of Service on Settlement Judge (Docketing Statement). 11-33920 11/03/2011 Notice/Incoming Filed Notice of Case Involving Constitutional Question where State is not a Party. 11-33934 12/07/2011 Notice/Outgoing Issued Certification of Constitutional Issue pursuant to NRAP 44 to Attorney General. 11-37413 01/23/2012 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 12-02305 02/08/2012 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 15 days transcript request; 90 days opening brief and appendix. 12-04245 02/15/2012 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: March 18, 2011; April 11, 2011; April 14, 2011; April 15, 2011; April 18, 2011 and August 29, 2011. To Court Reporter: Kristy Clark and Michelle Marez. 12-04990 03/13/2012 Motion Filed Respondent, John L. Siems, M.D.'s Motion to Dismiss Appellant's Appeal. 12-08035 03/23/2012 Motion Filed Response to Respondent Jon L. Siems, M.D.'s Motion to Dismiss Appellant's Appeal. 12-09277 03/27/2012 Transcript Request Filed Supplemental Request for Transcript of Proceedings. Transcripts requested: February 18, 2011; May 9, 2011; January 9, 2012 adn January 23, 21012. To Court Reporter: Kristy Clark and Michelle Marez. 12-09648 03/27/2012 Motion Filed Respondent's Motion for Leave to File His Reply to Appellant's Response in Excess of Five Pages. 12-09693 03/30/2012 Motion Received Respondent, Jon L. Siems, M.D.'s Reply to Appellant's Response to Respondent, Jon L. Siems, M.D.'s Motion to Dismiss Appeal. (via E-Flex). (FILED PER ORDER 4/3/12) 04/03/2012 Order/Procedural Filed Order Granting Motion for Excess Pages. The clerk of this court shall file the response provisionally received in this court on March 30, 2012. 12-10520 04/03/2012 Motion Filed Respondent, John L. Siems, M.D.'s Reply to Appellant's Response to Respondent, Jon L. Siems, M.D.'s Motion to Dismiss Appellant's Appeal. 12-10522 04/18/2012 Transcript Filed Notice from Court Reporter. Kristy Clark stating that the requested transcripts were delivered. Dates of transcripts: 03/18/11; 04/18/11; 04/19/11; 04/20/11; 04/25/11; 05/05/11; 05/06/11 and 01/13/12. 12-12540 04/18/2012 Transcript Filed Transcript. Proceedings: 03/18/11; 04/18/11; 04/19/11; 04/20/11; 04/25/11; 05/05/11; 05/06/11 and 01/13/12. Court Reporter: Kristy Clark. 04/27/2012 Transcript Filed Notice from Court Reporter. Michelle R. Ferreyra-Marez stating that the requested transcripts were delivered. Dates of transcripts: February 18, 2011, April 21, 2011; April 26, 2011; May 2, 2011; May 3, 2011; May 4, 2011 and August 29, 2011. 12-13479 05/02/2012 Transcript Filed Transcript. Proceedings: February 18, 2011; August 29, 2011; April 21, 2011; April 26, 2011; May 2, 2011; May 3, 2011 and May 4, 2011. Court Reporter: Michelle Ferreyra-Marez. Not filed stamped by the Distirct court. 05/04/2012 Order/Clerk's Filed Order Granting Telephonic Extension. Opening brief and appendix due: May 15, 2012. 12-14144 05/15/2012 Motion Filed Motion For Extension of Time to File Opening Brief. 12-15428 05/15/2012 Notice/Outgoing Issued Notice Motion Approved. Opening Brief and Appendix due June 8, 2012. 12-15430 06/07/2012 Brief Filed Appellant's Opening Brief. 12-18000 06/07/2012 Appendix Filed Appellant's Appendix, Volume I. 12-18002 06/07/2012 Appendix Filed Appellant's Appendix, Volume II. 12-18004 06/07/2012 Appendix Filed Appellant's Appendix, Volume III. 12-18007 06/14/2012 Order/Procedural Filed Order Denying Motion to Dismiss and Directing District Court to Rule on Application for Default Judgment. District Court: Order due: 45 days. Briefing Suspended. 12-18766 09/04/2012 Order/Incoming Filed District court order. Certified copy of order filed August 31, 2012 in district court. 12-27775 09/19/2012 Order/Procedural Filed Order to 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. Respondents may file any reply within ten days from the date that appellant's response is served. Briefing is suspended. 12-29594 10/22/2012 Motion Filed Appellant's Response to Order to Show Cause. 12-33340 11/02/2012 Motion Filed Respondents' Reply to Appellant's Response to Order to Show Cause. 12-34619 12/04/2012 Order/Procedural Filed Order Reinstating Briefing. We deny the motion to dismiss this appeal and reinstate the briefing schedule as follows: Respondents: Answering brief due: 30 days. 12-38182 12/07/2012 Motion Filed Motion to Amend Opening Brief. 12-38611 12/19/2012 Order/Clerk's Filed Order Granting Telephonic Extension. Answering Brief due: January 10, 2013. 12-40202 12/19/2012 Order/Clerk's Filed Order Granting Telephonic Extension. Response to appellant's motion to amend the opening brief due: December 26, 2012. 12-40203 12/26/2012 Motion Filed Respondent Jon L. Siems, M.D.'s Conditional Non-Opposition to Appellant's Motion to Amend Opening Brief. 12-40788 01/04/2013 Motion Filed Respondent's Motion For Leave To File His Answering Brief In Excess Of Thirty Pages And Motion To Extend Time To File Respondent's Answering Brief On Order Shortening Time. 13-00406 01/07/2013 Order/Procedural Filed Order Granting Motion to Amend Opening Brief. Appellant shall have 15 days to file any amendment to her opening brief. The amendment shall be limited to addressing the individual status of her default judgment against Dr. Wall. Respondent shall have 30 days from the date when the amendment is served to file their answering brief. 13-00471 01/08/2013 Transcript Filed Notice from Court Reporter. Kristy Clark stating that the requested transcripts were delivered. Dates of transcripts: 04/27/11. 13-00808 01/17/2013 Order/Procedural Filed Order Denying Motion for Leave to File Answering Brief with Excess Pages and for an Extension of Time. Respondents may file an answering brief in compliance with NRAP 32(a)(7)'s page/word limit by the deadline set forth in the January 7 order. 13-01967 01/18/2013 Motion Filed Stipulation to Extend Time to File Amended Opening Brief. 13-02154 01/30/2013 Order/Procedural Filed Order Approving Stipulation for Extension of Time. Appellant: Amended Opening Brief due: February 21, 2013. 13-03143 02/21/2013 Brief Filed Appellant's Amended Opening Brief. 13-05509 02/21/2013 Appendix Filed Appellant's Appendix Volume IV. 13-05511 02/21/2013 Appendix Filed Appellant's Appendix Volume V. 13-05512 03/07/2013 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 7/20/12 to Court Reporter: Jennifer O'neill. 13-06985 03/08/2013 Motion Filed Stipulation to Extend Time to File Answering Brief due April 24, 2013. 13-07190 03/08/2013 Notice/Outgoing Issued Notice Stipulation Approved. Answering Brief due April 24, 2013. 13-07192 03/22/2013 Transcript Filed Notice from Court Reporter. Jennifer O'Neill stating that the requested transcripts were delivered. Dates of transcripts: 7/20/12. 13-08593 04/24/2013 Appendix Filed Respondents' Appendix, Volume I. 13-12068 04/24/2013 Appendix Filed Respondents' Appendix Volume II. 13-12069 04/25/2013 Brief Filed Respondents' Answering Brief. 13-12094 04/26/2013 Notice/Incoming Filed Certificate of Service. (Answering Brief and Appendices). 13-12333 05/06/2013 Notice/Incoming Filed Amended Certificate of Service. (Answering brief and appendix) 13-13234 05/24/2013 Brief Filed Appellant's Reply Brief. 13-15524 05/24/2013 Case Status Update Briefing Completed/To Screening. 10/28/2013 Order/Procedural Filed Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to schedule this matter for oral argument before the en banc court on the next available calendar. 13-32219 11/12/2013 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Monday, January 6, 2014, at 2:00 p.m. in Carson City, for 30 minutes. 13-33706 12/17/2013 Notice/Outgoing Issued Oral Argument Reminder Notice. 13-38242 01/06/2014 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. 07/10/2014 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Cherry, J. Majority: Cherry/Gibbons/Pickering/Hardesty/Parraguirre/Douglas/Saitta. 130 Nev. Adv. Opn. No. 54. EN BANC 14-22349 07/28/2014 Post-Judgment Petition Filed Apellant's Petition for Rehearing. 14-24581 07/28/2014 Filing Fee Filing fee paid. E-Payment $150.00 from Thomas Christensen 07/28/2014 Appendix Filed Appendix Appellant's Appendix for Petition for Rehearing 14-24608 08/01/2014 Order/Procedural Filed Order Directing Answer to Petition for Rehearing. Respondents: 15 days to file and serve an answer to the petition. 14-25267 08/12/2014 Order/Clerk's Filed Order Granting Telephonic Extension. Answer to Petition for Rehearing due: August 25, 2014. 14-26366 08/26/2014 Post-Judgment Petition Filed Respondents' Answer to Petition for Rehearing. 14-28101 09/24/2014 Post-Judgment Order Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). 14-31642 10/20/2014 Remittitur Issued Remittitur. 14-34843 10/20/2014 Case Status Update Remittitur Issued/Case Closed. 11/04/2014 Remittitur Filed Remittitur. Received by District Court Clerk on October 24, 2014. 14-34843

Case Details

Case Name: Leavitt v. Siems

Court Name: Nevada Supreme Court

Date Published: Jul 10, 2014

Citations: 330 P.3d 1; 2014 NV 54; 59369

Docket Number: 59369

Court Abbreviation: Nev.