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Combined Case Information: 86798-COA & 86798
Short Caption:PRIEST VS. EMPRES HEALTHCARE MGMT., LLCCourt:Court of Appeals & Supreme Court
Related Case(s):86798, 87736
Lower Court Case(s):Nye Co. - Fifth Judicial District - CV22-0485Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/22/2023Filing FeeFiling Fee due for appeal. (SC)
06/22/2023Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)23-19813
06/22/2023Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 7 days. (SC)23-19815
06/28/2023Filing FeeFiling Fee Paid. $250.00 from Bighorn Law. Check No. 6958. (SC)
06/28/2023Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. Docketing Statement mailed to counsel for appellants - due: 21 days. (SC)23-20584
06/29/2023Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Stephen E. Haberfeld. (SC)23-20720
07/19/2023Docketing StatementFiled Appellant's Docketing Statement. (SC)23-23080
07/20/2023Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. Report filed in incorrect case.
07/20/2023Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for September 6, 2023, at 9:00 AM. (SC)23-23304
08/07/2023Notice/IncomingFiled Respondent's Notice of Change of Address/ Change of Law Firm for Candace Herling. (SC)23-25289
09/06/2023Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: September 25, 2023, at 9:30 AM. (SC)23-29137
09/26/2023Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. Final Report/No Settlement
09/26/2023Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC)23-31474
09/27/2023Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 14 days transcript request; 90 days opening brief and appendix. (SC)23-31639
10/03/2023TranscriptFiled Appellant's Certificate that no Transcript is Being Requested(SC)23-32377
10/16/2023Order/ProceduralFiled Order to Show Cause. Appellants 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 14 days from the date that appellants' response is served. Briefing is suspended. (SC)23-33662
11/15/2023MotionFiled Appellants' Response to the Court's Order to show cause(SC)23-37144
11/29/2023MotionFiled Respondents' Reply to Appellants' Response to the Court's Order to Show Cause(SC)23-38730
11/30/2023Notice/IncomingFiled Notice of Appearance of Heather Armantrout, for Respondent's (SC)23-38829
12/05/2023Order/ProceduralFiled Order. Attorney Heather Armantrout has filed a notice of appearance on behalf of respondent Empres Healthcare Management, LLC. Accordingly, the clerk shall add Heather Armantrout as counsel of record for this respondent only. The notice of appearance also states that attorney Shady Sirsy is no longer associated with this case. If Shady Sirsy wishes to withdraw as counsel of record, a motion to withdraw in accordance with NRAP 46(e)(3) should be filed. No further action will be taken on the notice. (SC)23-39328
12/08/2023OtherJustice Patricia Lee disqualified from participation in this matter. Disqualification Reason: Law Firms
12/15/2023Order/ProceduralFiled Order Reinstating Briefing. We conclude that this appeal may proceed, and we reinstate the briefing schedule. Appellant shall have 90 days from the date of this order to file the opening brief and appendix.Thereafter, briefing shall proceed pursuant to NRAP 31(a)(1). (SC)23-40779
01/12/2024MotionFiled Appellant's Motion to Consolidate Appeals or, In the Alternative, to Dismiss Case No. 87736 (SC)24-01359
02/29/2024Order/ProceduralFiled Order to Administratively Closing Appeal and Regarding Motions. Docket No. 86798 is an appeal from a district court order granting a motion to dismiss and from the notice of entry of the order granting the motion to dismiss. Docket No. 87736 is an appeal from the same district court order and notice of entry of order, as well as a district court order denying a motion for reconsideration and the notice of entry of the order denying the motion for reconsideration. Upon further review, this court concludes the appeal in Docket No. 87736 was improperly docketed as a new matter. Appellants timely filed a tolling motion seeking reconsideration of the order granting the motion to dismiss. The notice of appeal in Docket No. 86798 was prematurely filed before the tolling motion was formally resolved by the district court. Appellants filed the amended notice of appeal once the district court entered a written order finally resolving the tolling motion. Under these circumstances, the amended notice of appeal should have been filed in Docket No. 86798 and no additional filing fee was required. Accordingly, the clerk shall administratively close the appeal in Docket No. 87736 and transfer the documents in that appeal to Docket No. 86798. The clerk shall refund the filing fee paid in Docket No. 87736. Appellants shall have 30 days from the date of this order to file and serve the opening brief and appendix in Docket No. 86798. Nos. 86798/87736 (SC)24-07337
02/29/2024Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (TRANSFERRED FROM CASE NO. 87736 PER ORDER FILED ON 2/29/24) (SC)24-07342
02/29/2024Notice of Appeal DocumentsFiled Appellants' Case Appeal Statement. (TRANSFERRED FROM CASE NO. 87736 PER ORDER FILED ON 2/29/24) (SC)24-07347
02/29/2024Docketing StatementFiled Appellants' Civil Docketing Statement. (TRANSFERRED FROM CASE NO. 87736 PER ORDER FILED ON 2/29/24) (SC)24-07349
03/13/2024Notice/IncomingFiled Respondent's Notice of Disassociation of Counsel. Shady Sirsy, formerly of MESSNER REEVES, LLP, and formerly appearing on behalf of respondents is no longer associated with this case)(Hutchison & Steffen, PLLC, will continue to represent Respondents)(SC)24-08997
03/27/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants opening brief and appendix due: April 15, 2024. (SC)24-10839
04/15/2024BriefFiled Appellants' Opening Brief(SC)24-13061
04/15/2024AppendixFiled Appellants' Appendix Vol. I(SC)24-13062
05/03/2024MotionFiled Respondents' Motion to Associate Counsel(COME NOW Defendants, EMPRES HEALTHCARE MANAGEMENT, LLC d/b/a PAHRUMP HEALTH AND REHABILITATION, PAHRUMP HEALTHCARE, LLC, and JANIE HEFNER, LPN, hereby move the Court for an order permitting Michael J. Estok Esq., to practice in Nevada pursuant to Nevada Supreme Court Rule 42 (SCR 42). (SC)24-15681
05/06/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondents answering brief due: May 29, 2024. (SC)24-15816
05/10/2024Order/ProceduralFiled Order Granting Motion to Associate Counsel. Candace C. Herling has filed a motion to associate attorney Michael J. Estok of the law firm of Lindsay Hart, LLP as counsel of record for respondents pursuant to SCR 42. The motion is granted. Michael Estok shall be permitted to appear on behalf of respondents in this appeal. (SC)24-16429
05/28/2024MotionFiled Respondent's Motion for Extension of time to File Answering Brief(Second Request)(SC)24-18641
05/28/2024Notice/IncomingFiled Notice of Appearance.(Heather C. Fleming for Respondent) and (Heather Armantrout is no longer Associated with this Case). (SC)24-18642
05/31/2024Order/ProceduralFiled Order Granting Motion. Respondents' answering brief due: June 12, 2024. (SC)24-19121
06/12/2024BriefFiled Respondent's Answering Brief(SC)24-20522
07/03/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants' reply brief due: July 26, 2024. (SC)24-23151
07/16/2024BriefFiled Respondents' Notice of Supplemental Authorities (SC)24-24879
07/26/2024BriefFiled Appellants' Reply Brief(SC)24-26168
07/26/2024Case Status UpdateBriefing Completed/To Screening(SC)
08/26/2024Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals (SC)24-30391
08/26/2024Case Status UpdateTransferred from Supreme Court. (COA)
08/26/2024Case Status UpdateTransferred to Court of Appeals
12/24/2024Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." COA-MG/BB/DW. (COA)24-49713
12/24/2024Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." COA-MG/BB/DW. (SC)
01/07/2025MotionFiled Respondent's Motion to Reissue Order as Published Decision Pursuant to NRAP 36(e)(SC)25-00920
03/20/2025Order/ProceduralFiled Order Denying Motion to Publish. Having considered the motion, we conclude that publication is not warranted. NRAP 36(c)(1), (e)(4). Accordingly, we deny the motion. (COA)25-12832
03/25/2025Case Status UpdateTransferred to Supreme Court. (COA)
03/25/2025Case Status UpdateTransferred from Court of Appeals. (SC)
03/25/2025Case Status UpdateCase Closed. (COA)
03/25/2025RemittiturIssued Remittitur. (SC)25-13437
03/25/2025Case Status UpdateRemittitur Issued/Case Closed. (SC)
04/04/2025RemittiturFiled Remittitur. Received by County Clerk on 3/28/25. (SC)25-13437