DUONG, M.D. VS. FIELDEN HANSON ISAACS MIYADA ROBISON YEH, LTD , 2020 NV 87 ( 2020 )

79460: Case View

Nevada Appellate Courts Appellate Case Management System C-Track, the browser based CMS for Appellate Courts Case Search Participant Search

Cases Participant Search 20-46997: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 79460 Short Caption: DUONG, M.D. VS. FIELDEN HANSON ISAACS MIYADA ROBISON YEH, LTD Court: Supreme Court Related Case(s): 78358, 79663 Lower Court Case(s): Clark Co. - Eighth Judicial District - A789110 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: 08/28/2019 / Kuzemka, Kristine SP Status: Completed Oral Argument: 11/10/2020 at 10:00 AM Oral Argument Location: Carson City Submission Date: 11/10/2020 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Annie Lynn Penaco Duong, M.D. Jonathan W. Fountain (Howard & Howard Attorneys PLLC) Martin A. Little (Howard & Howard Attorneys PLLC) Ryan T. O'Malley (Howard & Howard Attorneys PLLC) Appellant Duong Anesthesia, PLLC Jonathan W. Fountain (Howard & Howard Attorneys PLLC) Martin A. Little (Howard & Howard Attorneys PLLC) Ryan T. O'Malley (Howard & Howard Attorneys PLLC) Appellant Scott Vinh Duong, M.D. Jonathan W. Fountain (Howard & Howard Attorneys PLLC) Martin A. Little (Howard & Howard Attorneys PLLC) Ryan T. O'Malley (Howard & Howard Attorneys PLLC) Respondent Fielden Hanson Isaacs Miyada Robison Yeh, Ltd. Gabriel A. Blumberg (Dickinson Wright PLLC) Michael N. Feder (Dickinson Wright PLLC) Docket Entries Date Type Description Pending? Document 08/23/2019 Filing Fee Filing fee due for Appeal. Filing fee will be forwarded by the District Court. (SC) 08/23/2019 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC) 19-35373 08/23/2019 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. (SC) 19-35375 08/23/2019 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. (SC) 19-35378 08/23/2019 Filing Fee Filing Fee Paid. $250.00 from Howard & Howard Attorneys. Check no. 8216. (SC) 08/28/2019 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Kristine M. Kuzemka. (SC). 19-36056 09/10/2019 Settlement Program Report Filed ECAR/Other. The premediation conference has been scheduled for October 15, 2019, at 1:00 pm. (SC). 19-37826 09/13/2019 Docketing Statement Filed Docketing Statement Civil Appeals. (SC) 19-38430 10/16/2019 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for October 22, 2019. (SC) 19-42839 11/01/2019 Motion Filed Joint Motion to Consolidate Case Nos. 78358, 79460, and 79663. (SC) 19-45070 11/13/2019 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC). 19-46523 11/14/2019 Settlement Order/Procedural Filed Order: No Settlement/Briefing Stayed. The parties were unable to agree to a settlement. The settlement proceedings are concluded. Briefing and the requesting of transcripts shall remain suspended pending further order of this court. (SC) 19-46637 11/21/2019 Order/Procedural Filed Order Denying Motions to Consolidate and Reinstating Briefing in Docket No. 79460. The parties have filed joint motions to consolidate these appeals. This court declines to consolidate these matters at this time and denies the motions. However, these cases shall be designated as related on this court's docket to ensure that they are resolved in a consistent and efficient manner. Briefing in Docket No. 79460 is reinstated. Appellants shall have 14 days from the date of this order to file and serve a transcript request form. See NRAP 9(a). Further, appellants shall have 90 days from the date of this order to file and serve the opening brief and appendix. Nos. 78358/79460/79663. (SC). 19-47692 02/20/2020 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant's Opening Brief and Appendix due: March 4, 2020. (SC). 20-06937 03/04/2020 Motion Filed Motion to Extend Time to File Opening Brief and Appendix (First Request). (SC) 20-08763 03/10/2020 Order/Procedural Filed Order. Appellants shall have until March 11, 2020, to file and serve the opening brief and appendix. (SC) 20-09425 03/11/2020 Brief Filed Appellants' Opening Brief. (SC) 20-09745 03/11/2020 Appendix Filed Joint Appendix Volume I. (SC) 20-09746 03/12/2020 Appendix Filed Joint Appendix Volume II. (SC) 20-09747 03/12/2020 Appendix Filed Joint Appendix Volume III. (SC) 20-09748 03/12/2020 Appendix Filed Joint Appendix Volume IV. (SC) 20-09749 04/10/2020 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondent's Answering Brief due: April 24, 2020. (SC). 20-13632 04/24/2020 Brief Filed Respondent's Answering Brief. (SC) 20-15741 05/21/2020 Notice/Incoming Filed Notice of Change of Address for Dickinson Wright PLLC. (SC) 20-19443 05/22/2020 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant's Reply Brief due: June 9, 2020. (SC). 20-19517 05/29/2020 Motion Filed Appellants' Emergency Motion Under NRAP 27(e) to Extend Time to File Reply Brief. (SC) 20-20431 06/03/2020 Brief Filed Reply in Support of Appellants' Emergency Motion Under NRAP 27(e) to Extend Time to File Reply Brief. (SC) 20-20911 06/08/2020 Order/Procedural Filed Order Granting Motion. Appellant's motion requesting a second extension of time to file the reply brief is granted. Appellant shall have until July 9, 2020, to file and serve the reply brief. No further extensions of time shall be permitted absent demonstration of extraordinary and compelling circumstances. Failure to file a timely reply brief may be treated as a waiver of the right to file a reply brief. (SC) 20-21422 07/09/2020 Brief Filed Appellants' Reply Brief. (SC) 20-25443 07/10/2020 Case Status Update Briefing Completed/To Screening. (SC) 10/09/2020 Order/Procedural Filed Order Scheduling Oral Argument. This matter is scheduled for oral argument on November 10, 2020, at 10:00 a.m. The argument will be videoconferenced. The argument shall be limited to 30 minutes. The court will use the BlueJeans videoconferencing system, which requires laptop/desktop/videoconferencing computer internet access and audio and video (web camera) capability. In case technical difficulties develop at any time, the court will conduct the oral argument by teleconference, which will require counsel to have immediate access to a landline phone connection. Within 14 days of the date of this order, the parties shall submit to the Clerk of the Court a notice identifying the attorney(s) who will argue the case and the phone number and email address of the attorney(s). The notice may be emailed to the court at nvscclerk@nvcourts.nv.gov. The attorneys will be required to schedule a session with the Clerk of the Court to test capabilities of the connection and video equipment approximately one week prior to argument. (SC) 20-37105 10/27/2020 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 20-39239 11/10/2020 Case Status Update Oral argument held this day. Case submitted for decision. Before the Northern Nevada Panel. 79460. (NNP20-JH/EC/RP). (SC) 12/31/2020 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before Parraguirre/Hardesty/Cadish. Author: Cadish, J. Majority: Cadish/Parraguirre/Hardesty. 136 Nev. Adv. Opn. No. 87. NNP20-RP/JH/EC. (SC). 20-46997 01/21/2021 Order/Clerk's Filed Order Granting Telephonic Extension. Appellant's Petition for Rehearing due: February 2, 2021. (SC) 21-01821 02/02/2021 Post-Judgment Petition Filed Appellants' Petition for Rehearing. (SC) 21-03263 02/02/2021 Filing Fee Filing fee paid. E-Payment $150.00 from Jonathan W. Fountain. (SC) 02/12/2021 Post-Judgment Order Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). (SC) 21-04273 02/26/2021 Order/Clerk's Filed Order Granting Telephonic Extension. Appellants' Petition for En Banc Reconsideration due: March 12, 2021. (SC) 21-05834 03/12/2021 Post-Judgment Petition Filed Appellant's Petition for En Banc Reconsideration. (SC) 21-07336 03/29/2021 Post-Judgment Order Filed Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC (SC) 21-08965 04/23/2021 Remittitur Issued Remittitur. (SC) 21-11705 04/23/2021 Case Status Update Remittitur Issued/Case Closed. (SC) 05/07/2021 Remittitur Filed Remittitur. Received by District Court Clerk on April 26, 2021. (SC) 21-11705 Combined Case View