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Case Information: 85826
Short Caption:FLOYD VS. CARDINAL HEALTHCourt:Supreme Court
Related Case(s):91040, 91586
Lower Court Case(s):White Pine Co. - Seventh Judicial District - CV-2110111Classification:Civil Appeal - General - Pro Bono Program
Disqualifications:PickeringCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:02/06/2024 at 1:30 PMOral Argument Location:Las Vegas
Submission Date:02/06/2024How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/16/2022Filing FeeFiling Fee Waived. In Forma Pauperis. (SC)
12/16/2022Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. (SC)22-39537
12/16/2022OtherJustice Kristina Pickering disqualified from participation in this matter. Disqualification Reason: Law Firms. (SC)
12/16/2022Notice/OutgoingIssued Notice Regarding Deadlines. (SC)22-39541
12/20/2022Order/ProceduralFiled Order Directing Transmission Record and Regarding Respondents. Record due:30 days. Review of the notice of appeal and documents before this court reveals that Alvogen, Inc., Sandoz, Inc., and Hikma Pharmaceuticals USA, Inc, are not proper respondents to this appeal. Accordingly, the clerk shall remove them as respondents and modify the caption accordingly. If any party objects to the removal of these respondents, they shall inform this court, in writing, within 7 days of the date of this order. (SC)22-39916
12/29/2022Docketing StatementFiled Proper Person Docketing Statement Civil Appeals. (SC)22-40879
01/13/2023Record on Appeal DocumentsFiled Record on Appeal. Vol. 1. (SC)23-01328
01/13/2023Record on Appeal DocumentsFiled Record on Appeal. Vol. 2. (SC)23-01330
01/13/2023Record on Appeal DocumentsFiled Record on Appeal. Vol. 3. (SC)23-01338
01/24/2023MotionFiled Proper Person Appellant's Motion for Referral to Pro Bono Program Through Legal Aid. (SC).23-02238
02/03/2023Order/ProceduralFiled Order Regarding Appointment of Pro Bono Counsel. Appellant has filed an unopposed motion for the appointment of pro bono counsel. The motion is granted. 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 is directed to transmit a copy of this order and the attached case summary to the Legal Aid Center of Southern Nevada for financial eligibility screening. Appellant's notice of appearance due: 60 days. The deadlines to file documents in this appeal are suspended pending further order of this court. (SC)23-03362
03/20/2023Notice/IncomingFiled Appellant's Notice of Appearance of Pro Bono Counsel for Marian L. Massey. (SC)23-08455
03/27/2023Order/ProceduralFiled Order Reinstating Briefing. This court referred this matter to the Pro Bono Committee of the State Bar of Nevada's Appellate Litigation Section for the selection of pro bono counsel to represent appellant in this appeal. Attorney Marian L. Massey has now filed a notice of appearance as appellant's pro bono counsel. Accordingly, the clerk shall add Ms. Massey as appellant's counsel of record. The schedule for the requesting of transcripts and briefing in this appeal is set forth as follows. Transcripts due: 14 days from the date of this order. Opening brief due: 90 days from the date of this order. Briefing shall proceed in accordance with NRAP 31(a)(1). (SC)23-09275
04/05/2023Transcript RequestFiled Appellant's Certificate of No Transcript Request. (SC)23-10366
06/14/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's opening brief due: July 10, 2023. (SC)23-18906
07/07/2023MotionFiled Appellant's Motion for Extension of Time to File Opening Brief and Appendix. (SC)23-21616
07/10/2023BriefFiled Appellant's Opening Brief. (SC)23-21904
07/11/2023Order/ProceduralFiled Order. Appellant has filed a motion for a second extension of time to file the opening brief. The opening brief was timely filed on July 10, 2023. Accordingly, the motion is unnecessary and this court takes no action on it. Respondents shall have until August 9, 2023, to file and serve the answering brief. (SC)23-22151
08/01/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent Cardinal Health's answering brief due: August 23, 2023. (SC)23-24670
08/23/2023MotionFiled Appellant's Limited Opposition to Respondent NDOC's Motion to Extend Time to File Answering Brief. (SC)23-27554
08/23/2023BriefFiled Respondent's (Cardinal Health) Answering Brief. (SC)23-27577
08/23/2023BriefFiled Respondents' (NDOC and James Dzurenda) Answering Brief. (SC)23-27581
08/29/2023Order/ProceduralFiled Order Granting Motion. Notwithstanding its untimeliness, the motion of respondents State of Nevada Department of Corrections and James Dzurenda (collectively, NDOC) for an extension of time to file their answering brief is granted. NDOC's answering brief was filed on August 23, 2023. Appellant shall have until September 22, 2023, to file and serve any reply brief. (SC)23-28286
09/22/2023BriefFiled Appellant's Reply Brief.(SC)23-31193
09/22/2023Case Status UpdateBriefing Completed/To Screening.(SC)
10/23/2023MotionFiled Respondent's Motion to Associate Robbie R Jost and Andrew D Kaplan.(SC)23-34541
11/03/2023Order/ProceduralFiled Order Granting Motion to Associate. Mr. Jost and Mr. Kaplan shall be permitted to appear on behalf of respondent Cardinal Health, Inc. in this appeal. (SC)23-35914
01/03/2024Order/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 6, 2024, at 1:30 p.m., in Las Vegas. The argument shall be limited to 30 minutes. (SC).24-00167
01/24/2024Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)24-02725
02/06/2024Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court. (SC)
02/20/2024MotionFiled Appellant's Motion for Leave to File Request to take Judicial Notice)(SC)24-06068
02/26/2024MotionFiled Response to Appellant's Motion for Leave to File Request to Take Judicial Notice(SC)24-06846
03/04/2024MotionFiled Appellant's Reply to Cardinal Health's Response to Motion for Leave to File Request to take Judicial Notice(SC)24-07783
03/25/2024Order/ProceduralFiled Order. Appellant has filed a motion asking this court for leave to file a motion for judicial notice and to take judicial notice of a status report filed in related federal litigation. Respondent Cardinal Health opposes the motion for judicial notice and appellant has replied. The motion for leave to file the motion for judicial notice is unnecessary; the motion for leave and for judicial notice are contained in a single document that was filed on February 20, 2024. The motion for judicial notice is granted to the following extent. This court will provisionally take judicial notice of the status report attached to the February 20, 2024, motion. However, upon consideration of the merits, this court will disregard any information that is determined to be inappropriate for consideration. (SC)24-10455
04/25/2024Notice/IncomingFiled Respondent's Notice of Change of Address (Morris Law Group)(SC)24-14594
05/10/2024Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn2 [The honorable Kristina Pickering, Justice, did not participate in the decision in this matter.] EN BANC. (SC)24-16385
06/04/2024RemittiturIssued Remittitur. (SC)24-19486
06/04/2024Case Status UpdateRemittitur Issued/Case Closed. (SC)
06/17/2024RemittiturFiled Remittitur. Received by County Clerk on 6/10/24. (SC)24-19486
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