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Case Information

Filed 2024-05-13
Type Malpractice Medical/dental
Docket 87 entries

Parties

Plaintiff Aught, Phillip Charles, Jr.
Defendant Common Spirit Health Doing Business As Dignity Health St. Rose Dominican Hospital|Dignity Health St. Rose Dominican Hospital|Dignity Health Medical Group Nevada Llc|Seven Hills Behavioral Health Hospital Llc|Van Der Laan, Lyndsey Also Known As Vanderlaan, Lyndsey Kari, M.d.
Photo of Hon. Wiese, Jerry A

Judge

Hon. Wiese, Jerry A

Clark County (NV)

Nevada

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Lawyers

Docket Entries

  1. NV Supreme Court Clerks Certificate/Judgment - Affirmed Doc ID# 76 [76] Nevada Supreme Court Clerk's Certificate/Remittitur Judgment - Affirmed
  2. Application to Proceed in Forma Pauperis Doc ID# 2 [2] Application to Proceed in Forma Pauperis (Confidential)
  3. Amended Complaint Doc ID# 3 [3] Amended Complaint for Damages for Personal Injuries Brought by Plaintiffs Against All Defendants; Request for Jury Trial
  4. Order to Proceed In Forma Pauperis Doc ID# 4 [4] Order to Proceed in Forma Pauperis (Confidential)
  5. Summons Issued Doc ID# 5 [5] Summons (Issued Only)
  6. Summons Issued Doc ID# 6 [6] Summons (Issued Only)
  7. Summons Issued Doc ID# 7 [7] Summons (Issued Only)
  8. Affidavit of Service Doc ID# 8 [8] Affidavit of Service
  9. Declaration Doc ID# 9 [9] Declaration of Service
  10. Declaration Doc ID# 10 [10] Declaration of Service
  11. Initial Appearance Fee Disclosure Doc ID# 11 [11] Defendant Lyndsey Kari Van Der Laan, M.D.'s Initial Appearance Fee Disclosure
  12. Demand for Jury Trial Doc ID# 12 [12] Defendant Lyndsey Kari Van Der Laan, M.D.'s Demand for Jury Trial
  13. Motion to Dismiss Doc ID# 13 [13] Defendant Lyndsey Kari Van Der Laan, M.D.'s Motion to Dismiss Plaintiffs' Complaint; Hearing Requested
  14. Clerk's Notice of Nonconforming Document Doc ID# 14 [14] Clerk's Notice of Nonconforming Document
  15. Motion to Dismiss Doc ID# 15 [15] Defendant Seven Hills Hospital, LLC, D/B/A Seven Hills Behavioral Health Hospital's Motion to Dismiss Complaint; Hearing Requested
  16. Initial Appearance Fee Disclosure Doc ID# 16 [16] Defendant Seven Hills Hospital, LLC, d/b/a Seven Hills Behavioral Health Hospital's Initial Appearance Fee Disclosure
  17. Demand for Jury Trial Doc ID# 17 [17] Defendant Seven Hills Hospital, LLC, d/b/a Seven Hills Behavioral Health Hospital's Demand for Jury Trial
  18. Joinder To Motion Doc ID# 18 [18] Defendant's Dignity Health dba St. Rose Dominican Hospital-Siena Campus and Dignity Health Medical Group Nevada, LLC's (Erroneously Sued as CommonSpirit Health dba St. Rose Dominican Hospital: Dignity Health Medical Group Nevada LLC dba Dignity Health St. Rose Dominican Hospital and Dignity Health) Substantive Joinder to Defendant Lyndsey Kari Van Der Laan, M.D.'s and Seven Hills Hospital's Motions to Dismiss Plaintiffs' Complaint
  19. Initial Appearance Fee Disclosure Doc ID# 19 [19] Defendants Dignity Health, a California Nonprofit Public Benefit Corporation, dba St. Rose Dominican Hospital-Siena Campus; Dignity Health Medical Group Nevada, LLC, a Nevada Limited Liability Company (Erroneously Sued as Commonspirit Health d/b/a Dignity Health-St. Rose Dominican Hospital, Dignity Health Medical Group Nevada, LLC d/b/a Dignity Health-St. Rose Dominican Hospital and Dignity Health St. Rose Dominican Hospital) Initial Appearance Fee Disclosure
  20. Demand for Jury Trial Doc ID# 20 [20] Defendants Dignity Health, a California Nonprofit Public Benefit Corporation, dba St. Rose Dominican Hospital-Siena Campus; Dignity Health Medical Group Nevada, LLC, a Nevada Limited Liability Company (Erroneously Sued as Commonspirit Health d/b/a Dignity Health-St. Rose Dominican Hospital, Dignity Health Medical Group Nevada, LLC d/b/a Dignity Health-St. Rose Dominican Hospital and Dignity Health St. Rose Dominican Hospital) Demand for Jury Trial
  21. Clerk's Notice of Hearing Doc ID# 21 [21] Notice of Hearing
  22. Clerk's Notice of Nonconforming Document and Curative Action Doc ID# 22 [22] Clerk's Notice of Curative Action
  23. Clerk's Notice of Hearing Doc ID# 23 [23] Notice of Hearing
  24. Motion Doc ID# 24 [24] Plaintiffs' Phillip Charles Aught, Jr., Individually and as Father and Next of Kin for His Minor Child Cameron David Aught Motion to Waive Affidavit of Merit Requirement
  25. Opposition to Motion to Dismiss Doc ID# 25 [25] Plaintiffs' Phillip Charles Aught Jr., Individually and as Father and Next of Kin for His Minor Child Cameron David Aught Plaintiffs' Opposition to Defendant Lyndsey Kari Van Der Laan, M.D.'S Motion to Dismiss
  26. Opposition to Motion to Dismiss Doc ID# 26 [26] Plaintiffs' Phillip Charles Aught Jr., Individually and as Father and Next of Kin for His Minor Child Cameron David Aught Plaintiffs' Opposition to Defendant Seven Hills Hospital, LLC's Motion to Dismiss
  27. Opposition to Motion Doc ID# 27 [27] Defendant Lyndsey Kari Van Der Laan, M.D.'S Opposition to Plaintiff's Motion to Waive Affidavit of Merit Requirement
  28. Opposition to Motion Doc ID# 28 [28] Defendant Seven Hills Hospital, LLC., Opposition to Plaintiffs' Motion to Waive Affidavit of Merit Requirement
  29. Joinder to Opposition to Motion Doc ID# 29 [29] Defendants Commonspirit Health d/b/a Dignity Health-St. Rose Dominican Hospital, Dignity Health Medical Group Nevada, LLC d/b/a Dignity Health-St. Rose Dominican Hospital and Dignity Health St. Rose Dominican Hospital's Joinder to Defendant Seven Hills Hospital, LLC's Opposition to Plaintiffs' Motion to Waive Affidavit of Merit Requirement
  30. Amended Complaint Doc ID# 30 [30] Second Amended Complaint; Plaintiffs Demand a Jury Trial; Second Amended Complaint for Damages for, Professional Negligence, Breach of Fiduciary Duty, Negligence Per Se, & Medical Battery Brought by Plaintiffs Against All Defendants
  31. Motion to Amend Complaint Doc ID# 31 [31] Motion to Amended Complaint; Plaintiffs Demand a Jury Trial; Hearing Requested
  32. Notice of Change of Hearing Doc ID# 32 [32] Notice of Change of Hearing
  33. Reply in Support Doc ID# 33 [33] Defendant Lyndsey Kari Van Der Laan, M.D.'S Reply in Support of Motion to Dismiss Plaintiffs' Complaint
  34. Motion Doc ID# 34 [34] Motion to Shorten Time
  35. Notice of Department Reassignment Doc ID# 35 [35] Notice of Department Reassignment
  36. Notice of Change of Hearing Doc ID# 36 [36] Notice of Change of Hearing
  37. Administrative Reassignment Pursuant to Administrative Order 24-03
  38. Minute Order (8:00 AM) (Judicial Officer Delaney, Kathleen E.) Minute Order Resetting Hearing Minutes Result: Minute Order - No Hearing Held
  39. Reply in Support Doc ID# 37 [37] Defendant Seven Hills Hospital, LLC, d/b/a Seven Hills Behavioral Health Hospital's Reply in Support of its June 5, 2024 Motion to Dismiss the Operative Complaint
  40. Subpoena Duces Tecum Doc ID# 38 [38] Subpoena Duces Tecum for Business Records (Issued Only)
  41. Subpoena Duces Tecum Doc ID# 39 [39] Subpoena Duces Tecum for Business Records (Issued Only)
  42. Subpoena Duces Tecum Doc ID# 40 [40] Subpoena Duces Tecum for Business Records (Issued Only)
  43. Subpoena Duces Tecum Doc ID# 41 [41] Subpoena Duces Tecum for Business Records (Issued Only)
  44. Subpoena Duces Tecum Doc ID# 42 [42] Subpoena Duces Tecum for Business Records (Issued Only)
  45. Subpoena Duces Tecum Doc ID# 43 [43] Subpoena Duces Tecum for Business Records (Issued Only)
  46. Subpoena Duces Tecum Doc ID# 44 [44] Subpoena Duces Tecum for Business Records
  47. Subpoena Duces Tecum Doc ID# 45 [45] Subpoena Duces Tecum for Business Records
  48. Subpoena Duces Tecum Doc ID# 46 [46] Subpoena Duces Tecum for Business Records
  49. Opposition to Motion Doc ID# 47 [47] Defendant Lyndsey Kari Van Der Laan, M.D.'S Opposition to Plaintiffs' Motion to Amend Complaint
  50. Opposition to Motion Doc ID# 48 [48] Defendant Seven Hills Hospital, LLC, d/b/a Seven Hills Behavioral Health Hospital's Response in Opposition to Plaintiffs' July 23, 2024 Motion to Amended Complaint
  51. Motion to Dismiss (9:00 AM) (Judicial Officer Delaney, Kathleen E.) Defendant Seven Hills Hospital, LLC, D/B/A Seven Hills Behavioral Health Hopital's Motion to Dismiss Complaint 08/08/2024 Reset by Court to 08/15/2024 08/15/2024 Reset by Court to 08/20/2024 Result: Granted
  52. Joinder (9:00 AM) (Judicial Officer Delaney, Kathleen E.) Defendants Dignity Health dba St. Rose Dominican Hospital-Siena Campus and Dignity Health Medical Group Nevada, LLC's (Erroneously Sued as CommonSpirit Health dba St. Rose Dominican Hospital: Dignity Health Medical Group Nevada LLC dba Dignity Health St. Rose Dominican Hospital and Dignity Heath) Substantive Joinder to Defendant Lyndsey Kari Van Der Laan, M.D.'s and Seven Hills Hospital's Motions to Dismiss Plaintiffs' Complaint 08/08/2024 Reset by Court to 08/15/2024 08/15/2024 Reset by Court to 08/20/2024 Result: Granted
  53. Motion to Dismiss (9:00 AM) (Judicial Officer Delaney, Kathleen E.) Defendant Lyndsey Kari van der Laan, M.D.'s Motion to Dismiss Plaintiffs' Complaint 08/15/2024 Reset by Court to 08/20/2024 Result: Granted
  54. Motion to Amend Complaint (9:00 AM) (Judicial Officer Delaney, Kathleen E.) Plaintiff's Motion to Amend Complaint 08/28/2024 Reset by Court to 09/03/2024 09/03/2024 Reset by Court to 08/20/2024 Result: Denied With Prejudice
  55. Joinder to Opposition to Motion Doc ID# 49 [49] Defendants Commonspirit Health d/b/a Dignity Health-St. Rose Dominican Hospital, Dignity Health Medical Group Nevada, LLC d/b/a Dignity Health-St. Rose Dominican Hospital and Dignity Health St. Rose Dominican Hospital's Joinder to Defendant Vanderlaan M.D. And Seven Hills Hopsital LLC's Oppositions to Plaintiff's Motion for Leave to Amend Complaint
  56. All Pending Motions (9:00 AM) (Judicial Officer Delaney, Kathleen E.) Parties Present Minutes Result: Matter Heard
  57. Motion to Disqualify Judge Doc ID# 50 [50] Plaintiffs' Phillip Charles Aught Jr., Individually and as Father and Next of Kin for His Minor Child Cameron David Aught Motion to Disqualify Judge; Hearing Requested; Motion to Disqualify Judge Kathleen E. Delaney
  58. Motion to Disqualify Judge Doc ID# 51 [51] Plaintiffs' Phillip Charles Aught Jr., Individually and as Father and Next of Kin for His Minor Child Cameron David Aught Motion to Disqualify Judge; Hearing Requested; Motion to Disqualify Judge Kathleen E. Delaney
  59. Clerk's Notice of Hearing Doc ID# 52 [52] Notice of Hearing
  60. Opposition to Motion Doc ID# 53 [53] Defendant Lyndsey Kari Van Der Laan, M.D.'S Opposition to Plaintiffs' Motion to Disqualify Judge
  61. Opposition to Motion Doc ID# 54 [54] Defendant Seven Hills Hospital, LLC, d/b/a Seven Hills Behavioral Health Hospital's Response in Opposition to Plaintiffs' August 21, 2024 Motion to Disqualify Judge
  62. Declaration Doc ID# 55 [55] Declaration of Service
  63. Affidavit Doc ID# 56 [56] Affidavit Seeking Disqualification of Judge Due to Bias or Prejudice
  64. Affidavit Doc ID# 57 [57] Affidavit Seeking Disqualification of Judge Due to Bias or Prejudice
  65. Receipt of Copy Doc ID# 58 [58] Receipt of Copy
  66. Joinder to Opposition to Motion Doc ID# 59 [59] Defendants Commonspirit Health d/b/a Dignity Health-St. Rose Dominican Hospital, Dignity Health Medical Group Nevada, LLC d/b/a Dignity Health-St. Rose Dominican Hospital and Dignity Health St. Rose Dominican Hospital's Joinder to Defendant Lyndsey Kari Van Der Laan, M.D.'s and Seven Hills Hospital, LLC's Opposition to Plaintiffs' Motion to Disqualify Judge
  67. Clerk's Notice of Hearing Doc ID# 60 [60] Notice of Hearing
  68. Minute Order (3:00 AM) (Judicial Officer Wiese, Jerry A.) Minutes Result: Minute Order - No Hearing Held
  69. Notice of Appeal Doc ID# 61 [61] Notice of Appeal
  70. Notice of Appeal Doc ID# 62 [62] Notice of Appeal
  71. Case Appeal Statement Doc ID# 63 [63] Case Appeal Statement
  72. Miscellaneous Filing Doc ID# 64 [64] Miscellaneous Filing - Affidavit of Merit
  73. Case Appeal Statement Doc ID# 65 [65] Case Appeal Statement
  74. Case Appeal Statement Doc ID# 66 [66] Case Appeal Statement
  75. Motion (9:30 AM) (Judicial Officer Wiese, Jerry A.) Plaintiffs' Phillip Charles Aught Jr., Individually and as Father and Next of Kin for His Minor Child Cameron David Aught Motion to Disqualify Judge 09/12/2024 Reset by Court to 09/19/2024 Result: Matter Heard
  76. Motion (9:30 AM) (Judicial Officer Wiese, Jerry A.) Plaintiffs' Phillip Charles Aught Jr., Individually and as Father and Next of Kin for His Minor Child Cameron David Aught Motion to Disqualify Judge 09/12/2024 Reset by Court to 09/19/2024 Result: Matter Heard
  77. Hearing (9:30 AM) (Judicial Officer Wiese, Jerry A.) Hearing Re: Affidavit Seeking Disqualification of Judge Due to Bias or Prejudice Result: Matter Heard
  78. All Pending Motions (9:30 AM) (Judicial Officer Wiese, Jerry A.) Parties Present Minutes Result: Denied
  79. Affidavit of Service Doc ID# 67 [67] Affidavit of Service
  80. Affidavit of Service Doc ID# 68 [68] Affidavit of Service
  81. Affidavit of Service Doc ID# 69 [69] Affidavit of Service
  82. Order Doc ID# 70 [70] Order re Plaintiffs' Phillip Charles Aught Jr., Individually and as Father and Next of Kin for His Minor Child Cameron David Aught Motion to Disqualify Judge
  83. Order Granting Motion Doc ID# 71 [71] Order Granting Defendants' Motions to Dismiss, Granting the Substantive Joinders, Denying with Prejudice Plaintiff's Motion to Waive Affidavit of Merit Requirement, Denying with Prejudice Plaintiff's Motion to Amend the Complaint, and Dismissing the Case with Prejudice
  84. Notice of Entry of Order Doc ID# 72 [72] Notice of Entry of Order Granting Defendants' Motions to Dismiss, Granting the Substantive Joinders, Denying with Prejudice Plaintiff's Motion to Waive Affidavit of Merit Requirement, Denying with Prejudice Plaintiff's Motion to Amend the Complaint, and Dismissing the Case with Prejudice
  85. Court Recorders Invoice for Transcript Doc ID# 73 [73] Invoice Dated January 24, 2025
  86. Recorders Transcript of Hearing Doc ID# 74 [74] Recorder's Transcript of Proceedings: All Pending Motions, Tuesday, August 20, 2024
  87. Order to Statistically Close Case Doc ID# 75 [75] Civil Order to Statistically Close Case

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