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Case Information: 62357
Short Caption:FERGASON VS. LV METRO POLICE DEPT.Court:Supreme Court
Related Case(s):60547, 60809, 61094, 61616, 62264, 62274, 71680, 72379, 72640, 73344, 74388, 74411, 74846
Lower Court Case(s):Clark Co. - Eighth Judicial District - A537416Classification:Civil Appeal - General - Pro Bono Program
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:10/13/2015 at 3:30 PMOral Argument Location:Regional Justice Center
Submission Date:10/13/2015How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/28/2012Filing FeeFiling Fee due for Appeal.
12/28/2012Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person Pilot Program. Filed certified copy of proper person notice of appeal.12-41103
12/28/2012Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days.12-41105
01/14/2013MotionFiled Proper Person Application to Proceed In Forma Pauperis.13-01443
01/17/2013Order/Clerk'sFiled Order Regarding Filing Fee. Appellant's motion to proceed in forma pauperis is denied without prejudice. Appellant must first seek leave to proceed in forma pauperis in the district court. Appellant is cautioned that his 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.13-01894
02/26/2013Order/IncomingFiled Copy of Order to Proceed in Forma Pauperis filed in district court on February 1, 2013.13-05963
02/26/2013Case Status UpdatePilot Program Civil Appeals. Order and documents mailed to proper person appellant. Civil proper person transcript request form due: 15 days. Civil proper person appeal statement due: 40 days.
03/28/2013BriefFiled Civil Proper Person Appeal Statement.13-09277
05/30/2013Order/ProceduralFiled Order Directing Transmission of Record. Record due from district court clerk: 30 days.13-15935
06/07/2013Record on Appeal DocumentsFiled Record on Appeal, Vol. 1.13-16736
06/07/2013Record on Appeal DocumentsFiled Record on Appeal, Vol. 2.13-16737
06/07/2013Record on Appeal DocumentsFiled Record on Appeal, Vol. 3.13-16738
06/07/2013Record on Appeal DocumentsFiled Record on Appeal, Vol. 4.13-16739
06/07/2013Case Status UpdateSubmitted for Decision.
09/18/2013Order/ProceduralFiled Order Regarding Pro Bono Counsel. The court has determined that the appointment of pro bono counsel to represent appellant would benefit the court's review. If appellant does not wish to have pro bono counsel, appellant shall so advise the court in writing within 30 days of the date of this order. The clerk shall transmit a copy of this order and the attached case summary to the Appellate Law Section, Pro Bono Committee, State Bar of Nevada, for selection of pro bono counsel who shall, if pro bono counsel is accepted, enter an appearance for purposes of this appeal only within 30 days from the date of this order. This court shall establish a revised briefing schedule. Pro bono counsel shall appear at oral argument. This appeal no longer stands submitted for a decision on the appeal statement. The appeal is stayed pending further order of this court.13-27686
11/08/2013Order/ProceduralFiled Order Directing Status Report Regarding Pro Bono Counsel. We direct appellant Bryan Fergason to file a written statement in this court within 15 days from the date of this order stating whether he wants to have a pro bono attorney appointed to represent him in this appeal or wants to continue to proceed without legal representation. We further direct the Pro Bono Committee to file a status report in this court within 30 days of this order.13-33617
11/20/2013Notice/IncomingFiled Proper Person Notice: Appellants Written Statement in Response to Court's Written Order of November 8, 2013.13-35017
12/05/2013Notice/IncomingFiled Pro Bono Committee Status Report.13-36659
12/10/2013Notice/IncomingFiled Notice of Appearance (Ryan Daniels, Esq. appearing Pro Bono on behalf of Appellant, Bryan Fergason).13-37175
12/23/2013Order/ProceduralFiled Order Directing Compliance with NRAP 9 and Setting Briefing Schedule. We vacate the stay of this appeal imposed by our September 18, 2013, order. Appellant: Transcript Request due: 14 days; Opening Brief due: 120 days. Appellant shall state on the cover page of the opening brief whether it is a replacement brief or a supplement to appellant's previously filed proper person appeal statement.13-38911
01/06/2014Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/13/12. To Court Reporter: Jill Jacoby.14-00356
01/27/2014TranscriptFiled Notice from Court Reporter. Jill Jacoby stating that the requested transcripts were delivered. Dates of transcripts: 11/13/12.14-02745
04/24/2014Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant shall have until April 29, 2014, to file and serve the opening brief and appendix.14-13238
04/29/2014BriefFiled Appellant's Replacement Opening Brief.14-13790
04/29/2014AppendixFiled Appellant's Appendix Volume I.14-13791
05/06/2014Notice/IncomingFiled Notice of Appearance (Micah S. Echols, Esq. appearing on behalf of Respondent, Las Vegas Metropolitan Police Dept).14-14600
05/06/2014MotionFiled Motion for Extension of Time to File Respondent's Answering Brief.14-14602
05/28/2014Order/ProceduralFiled Order Granting Motion for Extension of Time. Respondent shall have until July14, 2014, to file and serve the answering brief.14-17170
07/15/2014MotionFiled Motion for Extension of Time to File Respondent's Answering Brief (Second Request).14-22878
07/15/2014Notice/IncomingFiled Proof of Service -Certificate of Service (Respondent's Appendix).14-22880
07/15/2014AppendixFiled Appendix to Answering Brief -Respondent's Appendix, Volume 1. (STRICKEN PER ORDER OF 8/25/14).
07/15/2014AppendixFiled Appendix to Answering Brief -Respondent's Appendix, Volume 2. (STRICKEN PER ORDER OF 8/25/14).
07/15/2014AppendixFiled Appendix to Answering Brief -Respondent's Appendix, Volume 3. (STRICKEN PER ORDER OF 8/25/14).
07/23/2014MotionFiled Respondent's Motion for Court to Take Judicial Notice.14-24052
07/29/2014Order/ProceduralFiled Order Granting Motion for Extension of Time. The clerk of this court shall file answering brief, provisionally received in this court on July 22, 2014. Fn1[We defer ruling on the July 23, 2014, motion to take judicial notice.]14-24665
07/29/2014BriefFiled Respondent's Answering Brief.14-24667
08/25/2014Order/ProceduralFiled Order Denying Motion to Take Judicial Notice and Striking Respondent's Appendix.14-28018
08/27/2014Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant shall have until September 5, 2014, to file and serve the reply brief.14-28267
09/02/2014MotionFiled Stipulation to Stay Briefing Schedule Pending Resolution of LVMPD's District Court Motion to Settle the Record Pursuant to NRAP 10(c).14-28689
09/11/2014Order/ProceduralFiled Order Granting Motion to Stay Briefing Schedule. Respondent shall have 60 days from the date of this order to file a motion to clarify the record in the district court under NRAP 10(c) and provide this court with a certified copy of the district court's order resolving the motion. Within that same time period, respondent shall file a motion in this court to either supplement the record with a supplemental appendix or file an amended answering brief.14-30119
11/06/2014MotionFiled Motion to Reinstate Respondent's Appendix in Part and Notice of Filing Amended Answering Brief.14-36770
11/13/2014Order/ProceduralFiled Order Denying Motion to Reinstate Respondent's Appendix in Part and Granting Motion for Leave to File an Amended Answering Brief. Appellant shall have 5 days from the date of this order to file a supplemental appendix. We direct the clerk of this court to file respondent's amended answering brief received on November 6, 2014. We hereby reinstate the briefing schedule in this appeal. Reply Brief due: 30 days.14-37380
11/13/2014BriefFiled Respondent's Amended Answering Brief.14-37384
11/14/2014AppendixFiled Respondent's Supplemental Appendix, Volume 1.14-37597
11/14/2014AppendixFiled Respondent's Supplemental Appendix, Volume 2.14-37598
11/14/2014AppendixFiled Respondent's Supplemental Appendix, Volume 3.14-37599
12/11/2014MotionFiled Stipulation for Extension of Time to File Reply Brief.14-40474
12/11/2014Notice/OutgoingIssued Notice Motion/Stipulation Approved. Reply Brief due date: January 14, 2015.14-40479
12/17/2014Notice/IncomingFiled Substitution of Counsel (Bailey Kennedy in place and stead of Ryan Daniels, Esq).14-41121
01/08/2015MotionFiled Appellant's Unopposed Motion for Extension of Time to File Reply Brief.15-00887
01/23/2015Order/ProceduralFiled Order Granting Motion for Extension of Time. Reply Brief due: March 2, 2015.15-02612
01/29/2015Notice/IncomingFiled Certificate of Service of Order Granting Motion for Extension of Time.15-03128
03/02/2015BriefFiled Appellant's Reply Brief.15-06524
03/02/2015Case Status UpdateBriefing Completed/To Screening.
08/28/2015Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled for Tuesday, October 13, 2015, at 3:30 p.m. for 30 minutes in Las Vegas.15-26111
09/22/2015Notice/IncomingFiled Notice of Appearance at Oral Argument, Paul C. Williams of Bailey Kennedy on behalf of Appellant Bryan Fergason.15-28653
09/30/2015Notice/OutgoingIssued Oral Argument Reminder Notice.15-29568
10/06/2015Notice/IncomingFiled Notice of Appearance at Oral Argument. Michah S. Echols, Esq. of Marquis Aurbach Coffing will be appearing on behalf of Respondent, Las Vegas Metropolitan Police Dept.15-30214
10/13/2015Case Status UpdateOral argument held this day. Case submitted for decision. To the Northern Nevada Panel. NNP15-NS/KP/MG.
12/24/2015Opinion/DispositionalFiled "Reversed and Remanded." Before Saitta, Gibbons, and Pickering, JJ. Author: Pickering, J., 131 Nev. Adv. Opn. No. 94. NNP15.15-39564
01/20/2016RemittiturIssued Remittitur.16-01943
01/20/2016Case Status UpdateRemittitur Issued/Case Closed.
02/02/2016RemittiturFiled Remittitur. Received by District Court Clerk on January 27, 2016.16-01943
03/24/2016Notice/OutgoingIssued Letter to Publishers dated March 21, 2016, with corrections to recently filed opinions. Nos. 65390/62357/66410/66474/62931/64946/67331/65143/62649. (Letter entered in 65390 as document no. 16-09339)