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Case Information: 84861
Short Caption:ESTATE OF POWELL VS. VALLEY HEALTH SYS., LLCCourt:Supreme Court
Related Case(s):82250, 84402, 84424
Lower Court Case(s):Clark Co. - Eighth Judicial District - A788787Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/21/2022 / Haberfeld, StephenSP Status:Completed
Oral Argument:09/12/2023 at 2:00 PMOral Argument Location:Las Vegas
Submission Date:09/12/2023How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/14/2022Filing FeeFiling Fee due for Appeal. (SC)
06/14/2022Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)22-18903
06/14/2022Notice/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)22-18906
06/21/2022Filing FeeFiling Fee Paid. $250.00 from Paul Padda Law. Check no. 12206. (SC)
06/21/2022Notice/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)22-19540
06/21/2022Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Stephen E. Haberfeld. (SC)22-19573
06/24/2022Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for July 18, 2022, at 8:00 AM. (SC)22-20070
07/13/2022Notice/OutgoingIssued Notice to File Docketing Statement. Due date: 7 days. (SC)22-22002
07/20/2022Docketing StatementFiled Docketing Statement Civil Appeals. (SC)22-22838
07/27/2022Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC).22-23651
07/28/2022Settlement 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)22-23719
08/01/2022Transcript RequestFiled Certificate of No Transcript Request. (SC)22-23991
09/27/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Appellants' Opening Brief and Appendix due: November 9, 2022. (SC)22-30315
10/31/2022MotionFiled Appellants' Joint Motion to Permit Appellants Additional Time to File an Opening Brief. (SC)22-34026
11/04/2022Order/ProceduralFiled Order Granting Motion. Appellant's opening brief and appendix due: January 9, 2023. (SC)22-34712
12/02/2022MotionFiled Respondent's Motion to Require Posting of or Increasing Amount of Supersedeas Bond by Appellants. (SC)22-37959
12/09/2022MotionFiled Motion to Permit Appellant Additional Time to Respond to Respondent's Motion Regarding Bond. (SC)22-38760
12/12/2022MotionFiled Respondent's Opposition to Appellant's Motion for Extension of Time to Respond to Motion to Requite Posting of or Increasing Amount of Supersedeas Bond by Appellants. (SC).22-38922
12/12/2022MotionFiled Amended Certificate of Service to Respondent's Opposition to Appellant's Motion for Extension of Time to Respond to Motion to Requite Posting of or Increasing Amount of Supersedeas Bond by Appellants.(SC).22-38939
12/16/2022Order/ProceduralFiled Order. Appellants have filed a motion for an extension of time, until January 6, 2023, to file an opposition to respondent's motion to require posting of or increasing amount of supersedeas bond. The extension motion is granted, in part, to the following extent. Appellants shall have until December 23, 2022, to file and serve an opposition to the motion. Respondent shall have 7 days from service of the opposition to file and serve any reply. (SC)22-39485
12/23/2022MotionFiled Appellants' Opposition to Motion to Require Posting of or Increasing Amount of Supersedeas Bond By Appellants. (SC)22-40393
12/29/2022MotionFiled Reply to Response. Respondents Reply to Appellants Opposition to Motion to Require Posting of or Increasing Amount of Supersedeas Bond by Appellants. (SC)22-40808
01/09/2023MotionFiled Appellants' Additional Time to File an Opening Brief. (SC).23-00677
01/10/2023MotionFiled Respondent's Opposition to Motion for Third Extension of Time to File Opening Brief. (SC)23-00825
01/17/2023MotionFiled Appellants' Reply to Respondent's Opposition to Extension of Time to File Opening Brief. (SC).23-01550
01/25/2023MotionFiled Respondent's Motion to Dismiss Appellants' Appeal for Failure to File Timely Opening Brief and Appendix. (SC).23-02466
01/30/2023AppendixFiled Appendix to Opening Brief Volume 1-6. (STRICKEN PER 2/3/23 ORDER) (SC)
01/30/2023BriefFiled Opening Brief Appellants' Opening Brief. (SC)23-02926
02/03/2023Order/ProceduralFiled Order. On December 2, 2022, respondent filed a motion requesting this court increase the supersedeas bond. Appellants oppose the motion and respondent has filed a reply. This court remands the matter for the limited purpose of allowing the district court to consider the motion to increase the supersedeas bond on its merits. The district court shall have 30 days after entry of this order to determine the appropriate security amount. Appellants shall have 30 days from the date of the district court's order to provide any additional security ordered and to submit proof of security to the clerk of this court. Appellants filed a motion seeking a third extension of time to file the opening brief. Respondent opposes the motion and appellants have filed a reply. Having reviewed these filings, appellants' motion is granted. The opening brief and appendix were filed on January 30, 2023. However, the six-volume appendix was filed as a single submission and should have been filed as six separate submissions. Accordingly, the clerk shall strike the appendix filed on January 30, 2023. Appellants shall have 7 days from the date of this order to re-file the six-volume appendix in six separate submissions. Respondent shall have 30 days from the date of this order to file and serve the answering brief. fn1[ Respondent's motion to dismiss this appeal is denied.] (SC)23-03345
02/03/2023AppendixFiled Appellants' Appendix to Opening Brief. Vol. 1. (SC)23-03481
02/03/2023AppendixFiled Appellants' Appendix to Opening Brief. Vol. 2. (SC)23-03482
02/03/2023AppendixFiled Appellants' Appendix to Opening Brief. Vol. 3. (SC)23-03483
02/03/2023AppendixFiled Appellants' Appendix to Opening Brief. Vol. 4. (SC)23-03484
02/03/2023AppendixFiled Appellants' Appendix to Opening Brief. Vol. 5. (SC)23-03485
02/03/2023AppendixFiled Appellants' Appendix to Opening Brief. Vol. 6. (SC)23-03486
02/06/2023MotionFiled Appellants' Opposition to Respondent's Motion to Dismiss for Failure to Prosecute. (SC)23-03587
02/24/2023BriefFiled Respondent's Answering Brief. (REJECTED PER 02/27/23 NOTICE) (SC)
02/27/2023Notice/OutgoingIssued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. (SC).23-05854
02/27/2023BriefFiled Respondent's Answering Brief. (SC)23-05924
02/27/2023AppendixFiled Respondent's Appendix to Answering Brief. Vol. 1. (SC)23-05927
02/27/2023AppendixFiled Respondent's Appendix to Answering Brief. Vol. 2. (SC)23-05928
02/27/2023AppendixFiled Respondent's Appendix to Answering Brief. Vol. 3. (SC)23-05930
02/27/2023AppendixFiled Respondent's Appendix to Answering Brief. Vol. 4. (SC)23-05931
02/27/2023AppendixFiled Respondent's Appendix to Answering Brief. Vol. 5. (SC)23-05932
02/27/2023AppendixFiled Respondent's Appendix to Answering Brief. Vol. 6. (SC)23-05933
02/27/2023AppendixFiled Respondent's Appendix to Answering Brief. Vol. 7. (SC)23-05936
03/09/2023Order/IncomingFiled District court order in Response to Supreme Court Order dated 02/03/2023. (SC)23-07152
03/10/2023MotionFiled Respondent's (Valley Health System) Motion to Require Posting of OR Increasing Amount of Supersedeas Bond by Appellants. (SC)23-07419
03/10/2023AppendixFiled Respondent's Appendix to Motion to Require Posting Vols. 1 of 7. (SC)23-07420
03/10/2023AppendixFiled Respondent's Appendix to Motion to Require Posting Vols. 2 of 7. (SC)23-07421
03/10/2023AppendixFiled Respondent's Appendix to Motion to Require Posting Vols. 3 of 7. (SC)23-07424
03/10/2023AppendixFiled Respondent's Appendix to Motion to Require Posting Vols. 4 of 7. (SC)23-07425
03/10/2023AppendixFiled Respondent's Appendix to Motion to Require Posting Vols. 5 of 7. (SC)23-07426
03/10/2023AppendixFiled Respondent's Appendix to Motion to Require Posting Vols. 6 of 7. (SC)23-07427
03/10/2023AppendixFiled Respondent's Appendix to Motion to Require Posting Vols. 7 of 7. (SC)23-07428
03/17/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants' reply brief due: April 12, 2023. Appellant's response to motion due: March 31, 2023. (SC)23-08331
03/31/2023MotionFiled Respondent's Response to Motion to Require Posting of OR Increasing Amount of Supersedeas Bond by Appellants. (REJECTED PER NOTICE ISSUED 4/3/23) (SC)
04/03/2023Notice/OutgoingIssued Notice of Rejection for Response to Motion- No Notice of Appearance. Due in 5 days. (SC)23-10050
04/06/2023MotionFiled Appellants' Opposition to Respondent's Second Motion to Require Posting or Increasing Amount of Supersedeas Bond by Appellants. (SC)23-10523
04/06/2023Letter/IncomingFiled Respondent's Letter "Objection to Appellants' Noncompliant Opposition". (SC)23-10531
04/10/2023MotionFiled Respondent's Reply to Opposition to Motion to Require Posting of or Increasing Amount of Supersedeas Bond. (SC)23-10780
04/12/2023BriefFiled Appellants' Reply Brief. (SC)23-11321
04/13/2023Order/ProceduralFiled Order Denying Motion to Require Posting of or Increasing Amount of Supersedeas Bond. The district court granted appellants' motion to stay enforcement of the judgment pending determination of their appeal. The district court further concluded that appellants had already posted a $500 appeal bond and did not require additional bond to secure the stay. Respondent subsequently filed a motion in this court to require appellants to post a supersedeas bond equivalent to the amount of the judgment plus accrued interest. This court remanded the matter for the limited purpose of allowing the district court to consider respondent's motion. The district court entered an order denying respondent's motion and declining to require appellants to post additional security. Respondent has now filed a second motion in this court to require the posting of or increasing the amount of supersedeas bond required of appellants. Appellants have filed an opposition, in which they argue that respondent's motion is not permitted by rule or statute and that the district court properly weighed the relevant factors. Respondent has filed a reply. The purpose of security for a stay pending appeal is to protect the judgment creditor's ability to collect the judgment if it is affirmed by preserving the status quo. This court has recognized that usually a supersedeas bond in the full judgment amount will afford adequate security. However, we have further recognized that the district court has greater familiarity with the facts and circumstances of the case and should be granted broad discretion in determining the appropriate security for a stay. Accordingly, this court denies respondent's motion to increase the amount of bond required of appellants. If they have not already done so, appellants may obtain a stay by posting the $500 bond as ordered by the district court. (SC)23-11329
04/13/2023Case Status UpdateBriefing Completed/To Screening. (SC)
06/08/2023Order/ProceduralFiled Notice of Voluntary Disclosure for Justice Bell. (SC)23-18094
08/10/2023Order/ProceduralFiled Order Scheduling Oral Argument. Oral argument is scheduled for September 12, 2023, at 2:00 pm, in Las Vegas. The argument shall be limited to 30 minutes. (SC)23-25853
08/29/2023Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)23-28169
09/12/2023Case Status UpdateOral argument held this day. Case submitted for decision. Before SNP panel. DH/PL/RP. (SC)
10/11/2023Notice/IncomingFiled Respondent's Substitution of Attorneys for Adam Garth and Najum Anwar in Place of attorneys with Lewis Brisbois Bisgaard & Smith LLP. (SC)23-33158
11/30/2023Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP23-DH/PL/RP (SC)23-38886
12/04/2023MotionFiled Respondent's Motion to Reissue Order as a Published Opinion. (SC)23-39135
12/18/2023Order/ProceduralFiled Order Denying Motion to Publish. On December 4, 2023, respondent filed a motion to publish the decision as an opinion. Having considered the motion, we conclude that publication is not warranted, Accordingly, we deny the motion. SNP23-DH/PL/RP (SC)23-40961
12/26/2023RemittiturIssued Remittitur. (SC)23-41850
12/26/2023Case Status UpdateRemittitur Issued/Case Closed (SC)
01/26/2024RemittiturFiled Remittitur. Received by District Court Clerk on 01/4/24. (SC)23-41850