Moraga v. Scott ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
ROY D. MORAGA, No. 68068
Appellant,
vs.
JOHN SCOTT,
FILED
Respondent. APR 0 5 2016
TRACE K LINDEMAN
ORDER OF AFFIRMANCE CLERI.WENJPREME C URT
DEPUTY CLERK
This is a pro se appeal from a district court order granting a
motion to dismiss in a medical malpractice action. Sixth Judicial District
Court, Pershing County; Michael Montero, Judge.
While incarcerated, appellant Roy D. Moraga filed a timely
medical malpractice complaint against respondent John Scott, M.D.' Scott
filed a motion to dismiss with the district court based on Moraga's failure
to comply with the provisions of NRCP 16.1(b) requiring a mandatory
early case conference between the parties. The district court granted the
motion. As the parties are familiar with the facts, we do not recount them
further except as necessary to our disposition.
On appeal, Moraga challenges (1) the district court order
denying his request for counsel, (2) the district court order denying his
motion to reinstate the early case conference pursuant to NRCP 16.1(b),
and (3) the district court order denying his motion for leave to amend.
We review the district court's order for an abuse of discretion.
See Sowers v. Forest Hills Subdivision, 129 Nev., Adv. Op. 9, 294 P.3d 427,
'We note that Moraga failed to file a medical expert affidavit in
support of his complaint pursuant to NRS 41A.171.
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432 (2013) ("This court will uphold the factual findings of the district court
as long as these findings are not clearly erroneous and are supported by
substantial evidence."); see also Mason-Mcnuffie Real Estate, Inc. v. Villa
Fiore Deu., LLC, 130 Nev., Adv. Op. 83, 335 P.3d 211, 214 (2014)
("Substantial evidence is that which a reasonable mind might accept as
adequate to support a conclusion." (internal quotations omitted)); see also
Arnold v. Kip, 123 Nev. 410, 414, 168 P.3d 1050, 1052 (2007) (this court
reviews a district court's dismissal of a case for failure to comply with the
requirements of NRCP 16.1(e)(2) for an abuse of discretion due to the
language that the court "may" sanction noncompliance with the rule, and
NRCP 16.1(e)(1) outlines a similar discretionary standard for
noncompliance with NRCP 16.1(b)); see also Adamson v. Bowher, 85 Nev.
115, 120-21, 450 P.2d 796, 800 (1969) (concluding that a motion for leave
to amend pursuant to NRCP 15(a) is within the trial court's discretion,
and this court will only overturn its decision upon a showing of abuse of
discretion).
We conclude that the district court did not abuse its discretion.
First, the district court relied on substantial evidence in its decision to
deny Moraga's request for counsel. See Rodriguez v. Eighth Judicial Dist.
Court, 120 Nev. 798, 804, 808 (2004) (concluding that there is no right to
appointed legal counsel in a civil case in Nevada absent a statute
requiring such appointment, and neither due process nor the Sixth
Amendment guarantee the right to counsel in civil proceedings). Second,
the district court did not abuse its discretion in denying Moraga's motion
to reinstate the early case conference pursuant to NRCP 16.1(b)(1). See
NRCP 16.1(b)(1) ("[W]ithin 30 days after filing of an answer by the first
answering defendantH ... the parties shall meet in person to confer and
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consider the nature and basis of their claims and defenses and possibilities
for a prompt settlement or resolution of the case . . . . The attorney for the
plaintiff shall designate the time and place of each meeting."); see also
NRCP 16.1(g) (providing that a party must comply with NRCP 16.1 even if
not represented by an attorney). Third, the district court did not abuse its
discretion in denying Moraga's motion for leave to amend because
Moraga's arguments in support of amendment lacked merit under NRCP
16.1.
Accordingly, we
ORDER the judgment of the district court AFFIRMED.
i.4_42t . , J.
Douglas
Gibbons
cc: Hon. Michael Montero, District Judge
Roy Daniels Moraga
Attorney General/Carson City
Pershing County Clerk
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