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Case Information: 81850
Short Caption:VENTURA VS. GANSER, M.D.Court:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV2000866Classification:Civil Appeal - General - Pro Bono Program
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:04/14/2022 at 2:00 PMOral Argument Location:Las Vegas
Submission Date:04/14/2022How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/28/2020Filing FeeFiling Fee due for Appeal. (SC)
09/28/2020Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. (SC)20-35524
09/28/2020Notice/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. (SC)20-35528
10/14/2020MotionFiled Proper Person Motion for Leave to Proceed on Appeal in Forma Pauperis. (SC)20-37766
10/15/2020Order/Clerk'sFiled 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
11/10/2020Order/IncomingFiled District Court O Granting Application to Proceed Informa Pauperis. Certified copy of order filed in district court on November 10th, 2020. (SC)20-41101
11/12/2020Order/ProceduralFiled 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
11/13/2020Notice/OutgoingIssued Notice Regarding Deadlines. (SC)20-41539
12/02/2020Docketing StatementFiled Appellant's Civil Docketing Statement. (SC)20-43545
12/03/2020Order/ProceduralFiled 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
02/08/2021MotionFiled Notice of Determination of Eligibility for Pro Bono Representation and Request for Extension of Time. (SC)21-03791
02/17/2021Order/ProceduralFiled 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
02/22/2021Notice/IncomingFiled Appellant's Notice of Appearance of Pro Bono Counsel, Neal S. Krokosky. (SC)21-05174
02/22/2021Notice/IncomingFiled Appellant's Statement of Legal and Representation. (SC)21-05185
03/02/2021Order/ProceduralFiled 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
03/05/2021Record on Appeal DocumentsFiled Record on Appeal (VOL 1). (SC)21-06470
03/05/2021Record on Appeal DocumentsFiled Record on Appeal (VOL 2). (SC)21-06473
03/08/2021Transcript RequestFiled Appellant's Certificate of No Transcript Request. (SC)21-06650
03/09/2021Record on Appeal DocumentsFiled Record on Appeal. (SEALED) Vol. 3. (SC)
06/01/2021BriefFiled Appellant's Opening Brief. (SC)21-15477
06/01/2021AppendixFiled Joint Appendix. Vol. 1. (SC)21-15481
06/24/2021MotionFiled Stipulation to Extend Time to File Answering Brief. (SC)21-18270
06/25/2021Notice/OutgoingIssued Notice Motion/Stipulation Approved for Answering Brief. Due date August 2, 2021. (SC)21-18283
07/29/2021MotionFiled Respondents' Motion to Extend Time to File Answering Brief. (Second)(SC)21-22051
07/29/2021MotionFiled Appellant's Response to Motion for Second Extension of time to File Answering Brief. (SC)21-22116
07/30/2021MotionFiled Appellant's Errata Regarding his Response to Motion for Second Extension of Time to File Answer Brief. (SC)21-22186
08/02/2021Notice/IncomingFiled Respondents' Notice of Withdrawal of Motion for Second Extension of Time to File Answering Brief. (SC)21-22368
08/02/2021BriefFiled Respondents' Answering Brief. (SC)21-22460
08/04/2021Order/ProceduralFiled 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
08/30/2021BriefFiled Appellant's Reply Brief. (SC)21-25098
08/30/2021Case Status UpdateBriefing Completed/To Screening. (SC)
10/12/2021Notice/IncomingFiled Appellant's Notice of Change of Address for Neal S. Kroksky. (SC)21-29336
12/12/2021Notice/IncomingFiled Appellant's Supplemental NRAP 26.1 Disclosure. (SC)21-35327
01/05/2022Order/ProceduralFiled 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
02/01/2022Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)22-03289
02/11/2022MotionFiled Respondent's Motion to Postpone Oral Argument. (SC)22-04629
02/11/2022Notice/IncomingFiled Appellant's Notice of Non-Opposition. (SC)22-04659
02/11/2022Order/ProceduralFiled 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
03/09/2022Order/ProceduralFiled 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
03/31/2022Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)22-10011
04/11/2022Order/ProceduralFiled 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
04/14/2022Case Status UpdateOral argument held this day. Case submitted for decision. Before the Southern Nevada Panel. JH/LS/DH. (SC).
06/04/2022Notice/IncomingFiled Appellant's Notice of Supplemental Authorities. (SC)22-17803
06/30/2022Order/DispositionalFiled 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
07/14/2022Post-Judgment PetitionFiled Appellant's Petition for Rehearing. (SC)22-22300
07/14/2022Filing FeeRehearing Filing Fee Waived. (SC)
07/27/2022Order/ProceduralFiled Order Directing Answer to Petition for Rehearing. Answer due: 14 days. (SC)22-23601
08/10/2022Post-Judgment PetitionFiled Respondents' Answer to Petition for Rehearing. (SC)22-25093
08/29/2022Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). SNP22 - JH/LS/DH. (SC)22-26969
09/12/2022Post-Judgment PetitionFiled Appellant's Petition for En Banc Reconsideration. (SC)22-28415
09/15/2022Notice/IncomingFiled Appellant's Errata Regarding Petition for En Banc Reconsideration. (SC)22-28880
09/27/2022Order/ProceduralFiled Order Directing Answer to Petition for En Banc Reconsideration. Answer due: 14 days. (SC)22-30381
10/11/2022Post-Judgment PetitionFiled Respondents' Answer to Petition for En Banc Reconsideration. (SC)22-32061
11/04/2022BriefFiled Appellant David Alvarez Ventura's Second Notice of Supplemental Authorities. (SC)22-34735
11/10/2022Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC fn1 [The Honorable Abbi Silver having retired, this matter was decided by a six-justice court.] (SC)22-35537
12/05/2022RemittiturIssued Remittitur. (SC)22-38016
12/05/2022Case Status UpdateRemittitur Issued/Case Closed. (SC)
12/15/2022RemittiturFiled Remittitur. Received by District Court Clerk on December 7, 2022. (SC)22-38016