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Court

Nevada Supreme Court

Nevada

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Case Information

Filed 2022-12-16
Status Remittitur Issued/Case Closed
Type Civil Appeal General Pro Bono Program
Docket 38 entries
Disposition order the judgment

Docket Entries

  1. Filed Remittitur. Received by County Clerk on 6/10/24. (SC)
  2. Filed Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. (SC)
  3. Justice Kristina Pickering disqualified from participation in this matter. Disqualification Reason: Law Firms. (SC)
  4. Issued Notice Regarding Deadlines. (SC)
  5. Filed 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)
  6. Filed Proper Person Docketing Statement Civil Appeals. (SC)
  7. Filed Record on Appeal. Vol. 1. (SC)
  8. Filed Record on Appeal. Vol. 2. (SC)
  9. Filed Record on Appeal. Vol. 3. (SC)
  10. Filed Proper Person Appellant's Motion for Referral to Pro Bono Program Through Legal Aid. (SC).
  11. Filed 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)
  12. Filed Appellant's Notice of Appearance of Pro Bono Counsel for Marian L. Massey. (SC)
  13. Filed 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)
  14. Filed Appellant's Certificate of No Transcript Request. (SC)
  15. Filed Order Granting Extension Per Telephonic Request. Appellant's opening brief due: July 10, 2023. (SC)
  16. Filed Appellant's Motion for Extension of Time to File Opening Brief and Appendix. (SC)
  17. Filed Appellant's Opening Brief. (SC)
  18. Filed 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)
  19. Filed Order Granting Extension Per Telephonic Request. Respondent Cardinal Health's answering brief due: August 23, 2023. (SC)
  20. Filed Appellant's Limited Opposition to Respondent NDOC's Motion to Extend Time to File Answering Brief. (SC)
  21. Filed Respondent's (Cardinal Health) Answering Brief. (SC)
  22. Filed Respondents' (NDOC and James Dzurenda) Answering Brief. (SC)
  23. Filed 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)
  24. Filed Appellant's Reply Brief.(SC)
  25. Briefing Completed/To Screening.(SC)
  26. Filed Respondent's Motion to Associate Robbie R Jost and Andrew D Kaplan.(SC)
  27. Filed 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)
  28. Filed 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).
  29. Issued Oral Argument Reminder Notice. (SC)
  30. Oral argument held this day. Case submitted for decision. Before the En Banc Court. (SC)
  31. Filed Appellant's Motion for Leave to File Request to take Judicial Notice)(SC)
  32. Filed Response to Appellant's Motion for Leave to File Request to Take Judicial Notice(SC)
  33. Filed Appellant's Reply to Cardinal Health's Response to Motion for Leave to File Request to take Judicial Notice(SC)
  34. Filed 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)
  35. Filed Respondent's Notice of Change of Address (Morris Law Group)(SC)
  36. Filed 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)
  37. Issued Remittitur. (SC)
  38. Remittitur Issued/Case Closed. (SC)

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