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Case Information: 87300
Short Caption:KIA, M.D. VS. DIST. CT. (GREEN)Court:Supreme Court
Related Case(s):82357, 83357
Lower Court Case(s):Clark Co. - Eighth Judicial District - A757722Classification:Original Proceeding - Civil - Mandamus
Disqualifications:Case Status:Writ Issued
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/19/2023Filing FeeFiling fee paid. E-Payment $250.00 from John M. Naylor. (SC)
09/19/2023Petition/WritFiled Petition for Writ of Mandamus. (SC)23-30615
09/19/2023AppendixFiled Appendix to Petition for Writ - Volume I. (SC)23-30616
09/19/2023AppendixFiled Appendix to Petition for Writ - Volume II. (SC)23-30619
09/19/2023AppendixFiled Appendix to Petition for Writ - Volume III. (SC)23-30617
09/19/2023AppendixFiled Appendix to Petition for Writ - Volume IV. (SC)23-30618
09/29/2023Order/ProceduralFiled Order/Answer Writ Petition. Answer due: 28 days. Petitioner shall have 14 days from service of the answer to file and serve any reply. (SC)23-32075
10/26/2023Order/Clerk'sFiled Order Granting Telephonic Extension. Real Party in Interest Chloe Greene's Answer to Petition for Writ due: November 13, 2023. (SC)23-35091
10/30/2023Order/ProceduralFiled Notice of Voluntary Disclosure for Justice Linda Bell. (SC)23-35180
11/13/2023BriefFiled Respondent's Answer to Petition for Writ of Mandamus.(REJECTED PER NOTICE ISSUED ON 11-13-2023)(Appendix attached) (SC)
11/13/2023AppendixFiled Appendix to Answering Brief Real Party In Interest Choloe Green's Supplemental Appendix - Vol. 1 of 3(REJECTED PER NOTICE ISSUED ON 11-13-23)(Each Appendix must be a separate document )(SC)
11/13/2023Notice/OutgoingIssued Notice of Rejection of Deficient Brief and Appendix. Corrected brief due: 5 days.(SC)23-36768
11/13/2023Petition/WritFiled Filed Real Party in Interest (Choloe Green) Answer to Petition for Writ of Mandamus. (SC)23-36847
11/13/2023AppendixFiled Real Party in Interest's (Choloe Green) Supplemental Appendix to Answer to Petition for Writ - Vol. 1. (SC)23-36848
11/13/2023AppendixFiled Real Party in Interest's (Choloe Green) Supplemental Appendix to Answer to Petition for Writ - Vol. 2. (PAGES 459-466, 467-476, AND 477-484 STRICKEN PER 1/22/24 ORDER) (SC)23-36849
11/13/2023AppendixFiled Real Party in Interest's (Choloe Green) Supplemental Appendix to Answer to Petition for Writ - Vol. 3. (PAGES 485-574 STRICKEN PER ORDER FILED ON 1/22/24) (SC)23-36850
11/14/2023Notice/IncomingFiled Real Party in Interest ( Sunrise Hospital and Medical Center) Notice of Non-Opposition to the Petition for Writ of Mandamus. (SC)23-36942
11/22/2023Order/ProceduralFiled Order. On September 29, 2023, this court entered an order directing real parties in interest to file an answer to the petition within 28 days. To date, real parties in interest Frank J. Delee M.D.; Frank J. Delee M.D., P.C.; and Nevada Hospitalist Group, LLP have not filed an answer. We construe their failure to file an answer as an election not to file an answer. Petitioner shall have 14 days from the date of this order to file and serve any reply to the answer filed on November 13, 2023, by real party in interest Choloe Green. (SC)23-38033
11/30/2023Notice/IncomingFiled Petitioner's Notice of Change of Address(SC)23-38832
11/30/2023MotionFiled Petitioner's Motion to Strike or Disregard Certain Portions of Respondent's Supplemental Appendix.(SC)23-38834
12/05/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Petitioner's reply to the answer to petition for writ due: December 20, 2023. (SC)23-39398
12/07/2023MotionFiled Real Party In Interest choloe Green's Opposition to Petitioner's Motion to Strike or Disregard Certain Portions of Respondent's (SIC) Supplemental Appendix(SC)23-39806
12/14/2023MotionFiled Petitioner's Reply in Support of Petitioner's Motion.(SC)23-40617
12/20/2023Petition/WritFiled Filed Petitioner's Reply Brief.(SC)23-41259
01/22/2024Order/ProceduralFiled Order Granting Motion to Strike. Petitioner has filed a motion to strike or disregard portions of real party in interest Choloe Green's supplemental appendix filed on November 13, 2023, on the basis that those portions include documents which were not part of the record before the district court at the time the district court issued the orders that are the subject of this writ petition. Petitioner additionally asks that the portions of Green's answer which rely on these documents be stricken as well. Green has filed an opposition, and petitioner has filed a reply. Accordingly, the motion to strike is granted as follows. The clerk of the court shall strike the following documents in Green's appendix: (1) Dr. Kia's responses to real party in interest Choloe Green's ("Ms. Green") First Set of Interrogatories served on October 16, 2023 (SUPP459 ? 466); (2) Notice of Entry of Order and Joint Motion to Extend Discovery and Extend the Trial filed on November 7, 2023 (SUPP467 ? 476); (3) Documents Regarding Kia Billing Records Discovery Issues (SUPP477 ? 484); and (4) The deposition transcript of Kim L. Kozlowski, NRCP 30(b)(6) corporate designee for real party in interest Nevada Hospitalist Group, taken on October 30, 2023 (SUPP485 ? 574). This court declines to strike any assertions or arguments made in the answer at this time. Green is cautioned that this court may decline to consider any factual assertions that are not properly included in the answer. (SC)24-02299
01/29/2024MotionFiled Petitioner's Motion to Stay District Court Proceedings(SC)24-03353
02/02/2024MotionFiled Real Party In Interest Choloe Green's Opposition to Petitioner's Motion to Stay District Court Proceedings(SC)24-04047
02/08/2024MotionFiled Petitioner's Reply in Support of Motion to Stay District Court Proceedings. (SC)24-04838
02/22/2024Order/ProceduralFiled Order Denying Stay. Petitioner has filed a motion to stay the district court proceedings pending the resolution of this petition for writ. Having considered the motion, the opposition thereto, and the reply, we conclude that petitioner has not demonstrated that these factors militate in favor of a stay of the district court proceedings at this time. Accordingly, we deny the motion to stay the district court proceedings. (SC)24-06488
02/23/2024Notice/IncomingFiled Petitioner's Notice of Supplemental Authority(SC)24-06534
03/20/2024Order/DispositionalFiled Order Denying Petition in Part and Granting Petition in Part. We "ORDER the petition DENIED IN PART AND GRANTED IN PART and direct the clerk of this court to issue a writ of mandamus directing the district court to vacate its August 8, 2023, Order Regarding Admonishment and Sanctions Against Defendant Ali Kia, M.D." B24-LS/KP/RP (SC)24-09836
03/20/2024WritIssued Writ with letter. Original and one copy of writ and copy of order mailed to John M. Naylor(Naylor & order) for service upon Judge Crystal Eller. (SC)24-09902
04/02/2024WritFiled Returned Writ. Original Writ returned. Served on Judge Crystal Eller, on March 26, 2024(SC).24-11648
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