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Case Information: 85812
Short Caption:BOURNE VS. VALDES, M.D.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A819928Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:12/16/2022 / Cohen, LarrySP Status:Completed
Oral Argument:08/14/2024 at 10:00 AMOral Argument Location:Las Vegas Courtroom
Submission Date:08/14/2024How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/15/2022Filing FeeFiling Fee due for Appeal. (SC)
12/15/2022Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)22-39349
12/15/2022Notice/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)22-39351
12/15/2022Filing FeeE-Payment $250.00 from Jared F. Herling. (SC)
12/15/2022Notice/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)22-39408
12/16/2022Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Larry J. Cohen. (SC)22-39456
01/04/2023Docketing StatementFiled Appellants' Civil Docketing Statement. (SC)23-00233
01/09/2023Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for April 7, 2023, at 9:00 AM. (SC)23-00711
06/30/2023Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. After further conferences with the counsel for the parties, it is evident that there will not be agreement on terms of settlement in this matter. Accordingly, the case is referred back to the Court for further appellate litigation. (SC)23-21059
07/06/2023Settlement 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)23-21520
07/10/2023Transcript RequestFiled Appellants' Certificate of No Transcript Request. (SC)23-21894
09/13/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants' opening brief and appendix due: October 18, 2023. (SC)23-30013
10/18/2023BriefFiled Opening Brief(REJECTED PER NOTICE ISSUED ON 10/18/2023(Joint Appendix Volume 1-3 attached to Brief)(SC)
10/18/2023Notice/OutgoingIssued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days.(SC)23-33982
10/19/2023BriefFiled Appellant's Opening Brief.(SC)23-34113
10/19/2023AppendixFiled Joint Appendix Vol 1.(SC)23-34119
10/19/2023AppendixFiled Joint Appendix Vol 2.(SC)23-34121
10/19/2023AppendixFiled Joint Appendix Vol. 3(SC)23-34122
11/17/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondents' answering brief due: December 4, 2023. (SC)23-37542
12/01/2023MotionFiled Stipulation and Order Regarding Joint Appendix and Respondent's Answering Brief.(SC)23-38938
12/05/2023Order/ProceduralFiled Order. The parties have filed a stipulation to file an amended joint appendix and for a second extension of time to file the answering brief. The stipulation regarding the appendix is treated as a joint motion and granted. The parties shall have until December 8, 2023, to file an amended joint appendix. In regard to the stipulation for a second extension of time to file the answering brief. Respondents previously received a telephonic extension of time to file the answering brief. Thus, the stipulation is improper. Nevertheless, in this instance only, the requested extension is granted. Respondents shall have until January 12, 2024, to file and serve the answering brief. (SC)23-39359
12/06/2023Notice/IncomingFiled Errata to Joint Appendix Volume 1 (SC)23-39497
12/06/2023Notice/IncomingFiled Errata to Joint Appendix Volume 2 (SC)23-39498
12/06/2023Notice/IncomingFiled Errata to Joint Appendix Volume 3 (SC)23-39499
01/09/2024Notice/IncomingFiled Respondent's Notice of Appearance Change of Law Firm( Lynn V. Rivera, Esq. Homan, Stone & Rossi, APC ) attorneys for defendants.(SC)24-00969
01/15/2024Notice/IncomingFiled Respondent's Substitution of Counsel.(ZIDRIECK VALDES, M.D. and ZIDRIECK P. VALDES, M.D. LTD., hereby substitutes the law firm of Homan, Stone & Rossi, P.C. in place of the law firm of Resnick & Louis, P.C.(SC)24-01454
01/16/2024MotionFiled Respondent's Motion to Extend Time for filing the Respondents' Brief.(SC)24-01703
01/17/2024Notice/IncomingFiled Corrected Certificate of Service to Motion to Extend Time.(SC)24-01720
01/19/2024BriefFiled Respondent's Answering Brief(SC)24-02231
01/22/2024Order/ProceduralFiled Order Granting Motion. Notwithstanding its untimeliness, respondents' motion for an extension of time to file the answering brief is granted. The answering brief was filed on January 19, 2024. Appellant shall have until February 20, 2024, to file and serve a reply brief, if deemed necessary. (SC)24-02412
01/25/2024AppendixFiled Respondent's Supplemental Appendix (SC)24-03006
01/25/2024Notice/IncomingFiled Respondent's Certificate of Mailing to Respondent's Supplemental Appendix(SC)24-03007
01/25/2024Notice/IncomingFiled Respondent's Errata to Supplemental Appendix (SC)24-03008
01/25/2024Notice/IncomingFiled Corrected Certificate of Service to Respondent's Answering Brief(SC)24-03009
02/12/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants' reply brief due: March 5, 2024. (SC)24-05191
03/05/2024BriefFiled Appellants' Reply Brief(SC)24-07886
03/05/2024Case Status UpdateBriefing Completed/To Screening(SC)
06/18/2024Order/ProceduralFiled Order Scheduling Oral Argument. Oral argument is scheduled for August 14, 2024, at 10:00 a.m., in Las Vegas. The argument shall be limited to 30 minutes. (SC)24-21132
07/30/2024Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)24-26575
08/14/2024Case Status UpdateOral argument held this day. Case submitted for decision. Before Herndon/Lee/Bell. (SC)
11/27/2024Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before: Herndon/Lee/Bell. Author: Lee, P. Majority: Herndon/Lee/Bell. 140 Nev. Adv. Opn. No. 74. A24-DH/LB/PL. (SC). (OPINION WITHDRAWN PER 06/12/25 OPINION)
12/11/2024Post-Judgment PetitionFiled Respondent's Petition for Rehearing (STRICKEN PER 12/13/24 ORDER). (SC)
12/11/2024Filing FeeFiling fee paid. E-Payment $150.00 from Lynn V. Rivera(SC)
12/13/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient petition for rehearing. Corrected petition for rehearing due: 14 days. (SC)24-47835
12/27/2024Post-Judgment PetitionFiled Respondent's Petition for Rehearing(Deficient Document) (STRICKEN PER 1/2/25 ORDER). (SC)
12/31/2024Post-Judgment PetitionFiled Amended Petition for Rehearing(Deficient Document) (STRICKEN PER 1/2/25 ORDER). (SC)
01/02/2025Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Petition for Rehearing. Corrected Petition for Rehearing due: January 3, 2025. (SC)25-00175
01/03/2025Post-Judgment PetitionFiled Respondents' Amended Petition for Rehearing. (SC)25-00222
01/03/2025Filing FeeRespondent's Rehearing Filing Fee Waived. (SC)
01/17/2025Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). A24-DH/PL/LB (SC)25-02739
01/31/2025Post-Judgment PetitionFiled Respondent's Petition for En Banc Reconsideration Pursuant to NRAP 40A (SC)25-04906
02/21/2025Order/ProceduralFiled Order Directing Response. Appellant's response to petition due: 14 days. (SC)25-08177
03/05/2025Post-Judgment PetitionFiled Appellants' Response to Petition for En Banc (SC)25-10041
06/12/2025Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before the Court En Banc. Author: Lee, J. Majority: Herndon/Parraguirre/Bell/Cadish/Lee. Stiglich, J., with whom Pickering, J., agrees, dissenting. 141 Nev. Adv. Opn. No. 30. En Banc. (SC).25-26190
07/03/2025RemittiturIssued Remittitur.(SC)25-29083
07/03/2025Case Status UpdateRemittitur Issued/Case Closed.(SC)
07/11/2025RemittiturFiled Remittitur. Received by District Court clerk on 7/7/25. (SC)25-29083