Ventura v. Ganser, M.D.

81850: Case View

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Cases Participant Search 22-20693: 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: 81850 Short Caption: VENTURA VS. GANSER, M.D. Court: Supreme Court Lower Court Case(s): Washoe Co. - Second Judicial District - CV2000866 Classification: Civil Appeal - General - Pro Bono Program Disqualifications: Case Status: Rehearing Filed Replacement: Panel Assigned: Panel To SP/Judge: SP Status: Oral Argument: 04/14/2022 at 2:00 PM Oral Argument Location: Las Vegas Submission Date: 04/14/2022 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant David Alvarez Ventura Neal S. Krokosky Respondent Gomez, Kozar, McElreath and Smith Alice Campos Mercado (Lemons, Grundy & Eisenberg) Edward J. Lemons (Lemons, Grundy & Eisenberg) Respondent John H. Ganser, M.D. Alice Campos Mercado (Lemons, Grundy & Eisenberg) Edward J. Lemons (Lemons, Grundy & Eisenberg) + Due Items Due Date Status Due Item Due From 08/10/2022 Open Answer/Rehearing/En Banc Reconsideration Respondent Docket Entries Date Type Description Pending? Document 09/28/2020 Filing Fee Filing Fee due for Appeal. (SC) 09/28/2020 Notice of Appeal Documents Filed Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. (SC) 20-35524 09/28/2020 Notice/Outgoing Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (SC) 20-35528 10/14/2020 Motion Filed Proper Person Motion for Leave to Proceed on Appeal in Forma Pauperis. (SC) 20-37766 10/15/2020 Order/Clerk's Filed Order Regarding Filing Fee. Appellant's motion for leave to proceed in forma pauperis is denied without prejudice. Appellant is cautioned that failure either to properly seek leave to proceed in forma pauperis in the district court or to pay the filing fee within 30 days will result in the dismissal of this appeal. (SC) 20-37941 11/10/2020 Order/Incoming Filed District Court O Granting Application to Proceed Informa Pauperis. Certified copy of order filed in district court on November 10th, 2020. (SC) 20-41101 11/12/2020 Order/Procedural Filed Order Waiving Filing Fee. In light of the district court's November 10, 2020, order granting appellant's motion to proceed in forma pauperis, no filing fee is due for this appeal. (SC) 20-41266 11/13/2020 Notice/Outgoing Issued Notice Regarding Deadlines. (SC) 20-41539 12/02/2020 Docketing Statement Filed Appellant's Civil Docketing Statement. (SC) 20-43545 12/03/2020 Order/Procedural Filed Order Regarding Pro Bono Counsel. Having considered the documents transmitted by the district court, this court has determined that the appointment of pro bono counsel to represent appellant would assist this court in reviewing this appeal. This case is hereby referred to the program established by the Pro Bono Committee to evaluate whether appellant can benefit from the program. The clerk of this court shall transmit a copy of this order and the attached case summary and district court order to the Legal Aid Center of Southern Nevada for financial eligibility screening. Notice of appearance due: 60 days. This court has further concluded that review of the complete record is warranted. The deadlines for filing documents in this appeal shall be suspended pending further order of this court. (SC) 20-43791 02/08/2021 Motion Filed Notice of Determination of Eligibility for Pro Bono Representation and Request for Extension of Time. (SC) 21-03791 02/17/2021 Order/Procedural Filed Order Granting Motion. The Legal Aid Center moves for an extension of time to locate a volunteer attorney to represent appellant. The motion is granted. Once an attorney is located, the attorney shall have until March 8, 2021, to file a notice of appearance in this court. If a volunteer attorney cannot be located, the Legal Aid Center shall so notify this court in writing within the same time period. (SC) 21-04644 02/22/2021 Notice/Incoming Filed Appellant's Notice of Appearance of Pro Bono Counsel, Neal S. Krokosky. (SC) 21-05174 02/22/2021 Notice/Incoming Filed Appellant's Statement of Legal and Representation. (SC) 21-05185 03/02/2021 Order/Procedural Filed Order Directing Transmission of Record and Reinstating Briefing. Record on Appeal due: 30 days. Attorney Neal S. Krokosky has now filed a notice of appearance as appellant's pro bono counsel. Appellant: Transcript Request Form due: 14 days; Opening Brief due: 90 days. (SC) 21-06064 03/05/2021 Record on Appeal Documents Filed Record on Appeal (VOL 1). (SC) 21-06470 03/05/2021 Record on Appeal Documents Filed Record on Appeal (VOL 2). (SC) 21-06473 03/08/2021 Transcript Request Filed Appellant's Certificate of No Transcript Request. (SC) 21-06650 03/09/2021 Record on Appeal Documents Filed Record on Appeal. (SEALED) Vol. 3. (SC) 06/01/2021 Brief Filed Appellant's Opening Brief. (SC) 21-15477 06/01/2021 Appendix Filed Joint Appendix. Vol. 1. (SC) 21-15481 06/24/2021 Motion Filed Stipulation to Extend Time to File Answering Brief. (SC) 21-18270 06/25/2021 Notice/Outgoing Issued Notice Motion/Stipulation Approved for Answering Brief. Due date August 2, 2021. (SC) 21-18283 07/29/2021 Motion Filed Respondents' Motion to Extend Time to File Answering Brief. (Second)(SC) 21-22051 07/29/2021 Motion Filed Appellant's Response to Motion for Second Extension of time to File Answering Brief. (SC) 21-22116 07/30/2021 Motion Filed Appellant's Errata Regarding his Response to Motion for Second Extension of Time to File Answer Brief. (SC) 21-22186 08/02/2021 Notice/Incoming Filed Respondents' Notice of Withdrawal of Motion for Second Extension of Time to File Answering Brief. (SC) 21-22368 08/02/2021 Brief Filed Respondents' Answering Brief. (SC) 21-22460 08/04/2021 Order/Procedural Filed Order. Respondents filed a motion for a second extension of time to file the answering brief. This court takes no action in regard to the motion for a second extension of time. The answering brief was timely filed on August 2, 2021. Appellant shall have until September 1, 2021, to file and serve a reply brief, if deemed necessary. (SC) 21-22638 08/30/2021 Brief Filed Appellant's Reply Brief. (SC) 21-25098 08/30/2021 Case Status Update Briefing Completed/To Screening. (SC) 10/12/2021 Notice/Incoming Filed Appellant's Notice of Change of Address for Neal S. Kroksky. (SC) 21-29336 12/12/2021 Notice/Incoming Filed Appellant's Supplemental NRAP 26.1 Disclosure. (SC) 21-35327 01/05/2022 Order/Procedural Filed Order Scheduling Oral Argument. This court has determined that oral argument would be of assistance in resolving the issues presented in this matter. Accordingly, oral argument is scheduled for February 16, 2022, at 2:00 p.m., in Las Vegas. The argument shall be limited to 30 minutes. (SC) 22-00404 02/01/2022 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 22-03289 02/11/2022 Motion Filed Respondent's Motion to Postpone Oral Argument. (SC) 22-04629 02/11/2022 Notice/Incoming Filed Appellant's Notice of Non-Opposition. (SC) 22-04659 02/11/2022 Order/Procedural Filed Order Granting Motion to Postpone Oral Argument. Respondents' counsel has filed a motion to postpone oral argument in this matter. Good cause appearing, the motion is granted and the oral argument presently scheduled for February 16, 2022, at 2:00 p.m. is vacated. The clerk of this court shall reschedule this appeal for oral argument before the Southern Panel on April 14, 2022, in Las Vegas. (SC) 22-04672 03/09/2022 Order/Procedural Filed Order Rescheduling Oral Argument. This matter is rescheduled for oral argument on April 14, 2022, at 2:00 p.m., in Las Vegas. The argument shall be limited to 30 minutes. (SC) 22-07545 03/31/2022 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 22-10011 04/11/2022 Order/Procedural Filed Order Regarding Oral Argument. This court has determined that the oral argument scheduled in this appeal for 2:00 p.m., on April 14, 2022, in Las Vegas will no longer be held in person and shall instead be held by videoconference. (SC). 22-11407 04/14/2022 Case Status Update Oral argument held this day. Case submitted for decision. Before the Southern Nevada Panel. JH/LS/DH. (SC). 06/04/2022 Notice/Incoming Filed Appellant's Notice of Supplemental Authorities. (SC) 22-17803 06/30/2022 Order/Dispositional Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." STIGLICH, J., concurring in part and dissenting in part - SNP22 - JH/LS/DH. (SC) 22-20693 07/14/2022 Post-Judgment Petition Filed Appellant's Petition for Rehearing. (SC) Y 22-22300 07/14/2022 Filing Fee Rehearing Filing Fee Waived. (SC) 07/27/2022 Order/Procedural Filed Order Directing Answer to Petition for Rehearing. Answer due: 14 days. (SC) 22-23601 Combined Case View