Nevada
Appellate Courts
Appellate Case Management System
C-Track, the browser based CMS for Appellate Courts
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: 68664
Short Caption:PECK VS. VALLEY HOSP. MED. CTR.Court:Supreme Court
Related Case(s):70836
Lower Court Case(s):Clark Co. - Eighth Judicial District - A708447Classification:Civil Appeal - General - Pro Bono Program
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:09/26/2017 at 2:00 PMOral Argument Location:Carson City
Submission Date:09/26/2017How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/20/2015Filing FeeAppeal Filing fee waived. In Forma Pauperis.
08/20/2015Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person Pilot Program. Filed certified copy of proper person notice of appeal. (Pilot program civil appeals order and documents mailed to proper person appellant.)15-25250
08/31/2015Notice/IncomingFiled Notice of Appearance of Counsel (David J. Mortensen as counsel for Respondent)15-26273
09/08/2015Transcript RequestFiled Civil Proper Person Transcript Request Form.15-27032
09/09/2015Notice/IncomingFiled Notice of Appearance, Arthur W. Tuverson, Esq. and Danielle Woodrum, Esq. of the Law Offices of Arthur W. Tuverson, LLP., for the Respondent David R. Zipf, M.D.15-27281
09/17/2015BriefFiled Civil Proper Person Appeal Statement.15-28210
09/24/2015Order/ProceduralFiled Order Directing Service of Civil Proper Person Appeal Statement. Appellant's Certificate of Service due: 15 days.15-28874
10/02/2015Notice/IncomingFiled Proper Person Notice of Electronic Service and Proof Thereof.15-30002
10/14/2015Order/ProceduralFiled Order. We direct the clerk of this court to mail to appellant three copies of the civil proper person appeal statement that he filed in this court on September 17, 2015. Appellant's Completed Certificate of Service due: 20 days.15-31310
10/28/2015Other Incoming DocumentFiled Proper Person Certificate of Service (Civil Proper Person Appeal Statement).15-32848
11/04/2015Order/ProceduralFiled Order Directing Transmission of Record. Record due: 30 days.15-33632
11/17/2015Notice/IncomingFiled Proper Person Notice of Supplemental Authorities.15-35114
11/23/2015Record on Appeal DocumentsFiled Record on Appeal - VOL 1.15-35684
11/23/2015Record on Appeal DocumentsFiled Record on Appeal - VOL 2.15-35685
11/23/2015Case Status UpdateSubmitted for Decision.
11/23/2015Other Incoming DocumentFiled Proper Person Document "Affidavit".15-35866
11/25/2015Record on Appeal DocumentsFiled Record on Appeal pages 1-7 (SEALED).
12/07/2015Order/ProceduralFiled Order Regarding Pro Bono Counsel. We direct the clerk of this court to transmit a copy of this order and the attached case summary to the Legal Aid Center of Southern Nevada for financial eligibility screening. Appellant's Notice of Appearance of Counsel or LACSN's Notice due: 60 days.15-37224
02/05/2016Notice/IncomingFiled Notice of Appearance of Pro Bono Counsel, Rachel E. Donn, Esq. and Andrea M. Gandara, Esq. are hereby appearing as counsel for Appellant, Frank Milford Peck.16-03912
02/17/2016Order/ProceduralFiled Order Regarding Pro Bono Counsel. On February 5, 2016, attorneys Rachel E. Donn and Andrea M. Gandara of Holley Driggs Walch Fine Wray Puzey & Thompson filed a notice of appearance on behalf of appellant as his pro bono counsel. Accordingly, we set forth the following schedule for the requesting of transcripts and briefing in this appeal. Transcript Request due: 14 days. Opening Brief and Appendix due: 90 days.16-04992
02/26/2016Notice/IncomingFiled Statement of Legal Aid Representation.16-06238
03/01/2016Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 02/18/15, 04/08/15, 07/22/15. To Court Reporter: Sara Richardson.16-06665
03/04/2016TranscriptFiled Notice from Court Reporter. Sara Richardson stating that the requested transcripts were delivered. Dates of transcripts: 02/18/15, 04/08/15, 07/22/15.16-07073
05/17/2016Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Opening Brief and Appendix due: May 31, 2016.16-15397
06/01/2016Notice/IncomingFiled Notice of Case Involving Constitutional Question Where State is Not a Party.16-16999
06/01/2016AppendixFiled Appendix to Appellant Frank Peck's Opening Brief.16-17027
06/02/2016BriefFiled Appellant Frank Milford Peck's Opening Brief.16-17167
06/06/2016Notice/IncomingFiled Substitution of Attorneys (Jill Chase to Replace The Law Offices of Arthur Tuverson as counsel for the Respondent David Zipf).16-17531
06/10/2016Order/Clerk'sFiled Certification. The clerk of the Nevada Supreme Court certifies to the Honorable Adam Paul Laxalt, Attorney General of the State of Nevada, that on June 1, 2016, appellant filed with the Supreme Court a notice that this appeal draws into question the constitutionality of NRS 41A.071.16-18232
06/13/2016Notice/IncomingFiled Notice of Appearance On Behalf of Respondent Valley Hospital Medical Center (John Bemis, Ian Houston and Kirill Mikhaylov as counsel for Respondent Valley Hospital Medical Center).16-18281
06/28/2016MotionFiled Stipulation and Order to Extend Deadline for All Respondents to File Answering Briefs.16-20153
06/28/2016Notice/OutgoingIssued Notice Motion/Stipulation Approved. Answering Briefs due: August 4, 2016.16-20156
07/01/2016MotionFiled Motion to Dismiss Respondent Valley Hospital Medical Center.16-20730
07/13/2016Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Opposition to Motion to Dismiss Respondent Valley Hospital Medical Center due: July 26, 2016.16-21782
07/26/2016MotionFiled Stipulation for Extension of Time for Appellant Frank Milford Peck to Respond to Motion to Dismiss Respondent Valley Hospital Medical Center.16-23135
08/02/2016MotionFiled Stipulation and Order to Extend Deadline for all Respondents to File Answering Briefs (Second Request).16-23916
08/08/2016MotionFiled Stipulation for Extension of Time for Appellant Frank M. Peck to Respond to Motion to Dismiss Respondent Valley Hospital Med. Ctr. (2nd Req.).16-24513
08/15/2016MotionFiled Joint Motion to Extend Briefing Deadlines.16-25329
08/17/2016MotionFiled Stipulation for Extension of Time for Appellant Frank M. Peck to Respond to Motion to Dismiss Respondent Valley Hospital Medical Center (Third Request).16-25613
08/18/2016MotionFiled Motion Amended Joint Motion to Extend Briefing Deadlines16-25702
09/20/2016MotionFiled Stipulation and Order to Dismiss Valley Hospital Medical Center.16-29177
09/26/2016Order/ProceduralFiled Order. Appellant and respondent Valley Hospital Medical Center have filed three stipulations to extend the time for appellant to file a response to Valley Hospital's motion to dismiss this appeal as to it. The stipulations are approved. Appellant shall have 5 days from the date of this order to file and serve a response. No further extensions shall be granted. Valley Hospital shall have 5 days from service of the response to file and serve any reply. The clerk of this court shall file the answering briefs, amended answering brief, and appendices received on September 1 and 2, 2016. Reply Brief due: 02/17/2017. fn1[The stipulation filed August 2, 2016, is denied as moot.]16-29857
09/26/2016BriefFiled Respondent David Zipf, M.D.'s Answering Brief.16-29860
09/26/2016AppendixFiled Respondent David Zipf, M.D.'s Appendix to Answering Brief.16-29861
09/26/2016BriefFiled Respondent Michael D. Barnum, M.D.'s Answering Brief.16-29862
09/26/2016AppendixFiled Respondent Michael D. Barnum, M.D.'s Appendix to His Answering Brief.16-29863
09/26/2016BriefFiled Respondent Michael D. Barnum, M.D.'s Amended Answering Brief.16-29864
02/07/2017Order/Clerk'sFiled Order Partially Dismissing Appeal. Pursuant to the stipulation of the parties, and cause appearing, respondent Valley Hospital Medical Center is dismissed from this appeal. The parties shall bear their own costs and attorney fees. The clerk of this court shall amend the caption to remove Valley Hospital as a respondent.17-04284
02/17/2017BriefFiled Appellant's Reply Brief.17-05849
02/17/2017Case Status UpdateBriefing Completed/To Screening.
05/25/2017Order/Clerk'sFiled Order Re: Scheduling of Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter will be scheduled for oral argument on the next available calendar.17-17572
08/03/2017Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, September 26, 2017, at 2:00 p.m. for 30 minutes in Carson City.17-25851
09/06/2017Notice/IncomingFiled Joint Notice of Related Case.17-29762
09/08/2017Order/ProceduralFiled Order Rescinding Transfer to Court of Appeals, Clustering Appeals, and Vacating Oral Argument in Docket No. 70836. We rescind the June 7, 2017, transfer order in Docket No. 70836, and we recall that appeal to this court for resolution. The oral argument in the court of appeals scheduled for September 19, 2017, in Docket No. 70836 is hereby vacated. The oral argument scheduled for September 26, 2017, at 2:00 pm in Docket No. 68664 shall proceed as scheduled in this court. We direct the clerk of this court to schedule oral argument in Docket No. 70836 for September 26, 2017, at 2:30 pm for 30 minutes in this court in Carson City. The clerk shall file this order in Docket No. 70836 in both this court and the court of appeals. Nos. 68664/70836.17-30235
09/11/2017Notice/OutgoingIssued Oral Argument Reminder Notice.17-30412
09/26/2017Case Status UpdateOral argument held this day. Case submitted for decision. Before the Northern Panel. NNP17 - JH/RP/LS.
09/29/2017BriefFiled Respondents' Notice of Supplemental Authorities.17-33106
12/28/2017Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before: Hardesty/Parraguirre/Stiglich. Author: Hardesty, J. Majority: Hardesty/Parraguirre/Stiglich. 133 Nev. Adv. Opn. No. 108. NNP17-JH/RP/LS17-44708
01/29/2018Order/ProceduralFiled Order. We direct the clerk of this court to return, unfiled, the pro se documents received on January 17, 2018, and January 23, 2018. Appellant's counsel shall have 11 days from the date of this order to file either a petition for rehearing or a motion to withdraw as counsel.18-03924
02/12/2018MotionFiled Appellant's Counsel's Motion to Withdraw as Counsel of Record.18-05589
03/01/2018Order/ProceduralFiled Order Regarding Motions. The clerk of this court shall remove attorneys Rachel E. Donn and Andrea Gandara and the law firm of Holly Driggs Walch Fine Wray Puzey & Thompson from the docket of this appeal. Appellant shall proceed in pro se. Appellant's Petition for Review due: 30 days. fn1 [The clerk of this court shall file appellant's "Motion to Withdraw Counsel of Record and to Re-File Motion for extension of Time to Perfect and File a Petition for Rehearing and Petition for Review," Received on February 16, 2018. We deny the motion as moot.]18-08112
03/01/2018MotionFiled Proper Person Appellant's Motion to Withdraw Counsel of Record and to Re-File Motion for Extension of Time to Perfect and File a Petition for Rehearing and Petition for Review Returned Unfiled by the Clerk by Order of the Court Filed January 29, 2018.18-08114
03/22/2018MotionFiled Proper Person Appellant's "Motion for Enlargement of Time to Research Perfect and File a Petition for Review and for NRS 41A-003-.120 Cited in the Opinion That is Unavailable in LexisNexis at HDSP Law Library".18-11300
03/22/2018MotionFiled Proper Person Appellant's "Motion for Leave". (DETACHED PETITION FOR REHEARING AND FILED SEPARATELY PER ORDER 4/2/18).18-11301
04/02/2018Order/ProceduralFiled Order Regarding Motions. The clerk of this court shall detach the petition for rehearing from the motion for leave, and shall file it separately. We deny the request for a hearing at this time; the petition for rehearing will be resolved pursuant to this court's rules of procedure and internal operating procedures.18-12545
04/02/2018Post-Judgment PetitionFiled Proper Person Petition for Rehearing (Petition for Review).18-12546
04/03/2018MotionFiled Respondent Michael D. Barnum, M.D.'s Opposition to Motion for Leave to Refile Petition for Review.18-12590
04/03/2018MotionFiled Respondent Michael D. Barnum, M.D.'s Opposition to Motion for Enlargement of Time to Research, Perfect, and File a Petition for Review and Motion to Declare Appellant Frank Peck a Vexatious Litigant Pursuant to NRAP 40a(G).18-12591
04/03/2018Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). fn2 [All pending motions are denied as moot.]18-12728
04/30/2018RemittiturIssued Remittitur.18-16279
04/30/2018Case Status UpdateRemittitur Issued/Case Closed.
05/11/2018RemittiturFiled Remittitur. Received by District Court Clerk on May 4, 2018.18-16279