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Case Information
Filed
2022-06-14
Status
Remittitur Issued/Case Closed
Type
Civil Appeal General Other
Docket
74 entries
Disposition
order the judgment
Parties
Plaintiff
Darci Creecy|Estate Of Rebecca Powell|Isaiah Khosrof|Lloyd Creecy|Taryn Creecy
Defendant
Valley Health System, Llc
Lawyers
Docket Entries
- iling Fee due for Appeal. (SC)
- iled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)
- ssued 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)
- iling Fee Paid. $250.00 from Paul Padda Law. Check no. 12206. (SC)
- ssued 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)
- ssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Stephen E. Haberfeld. (SC)
- iled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for July 18, 2022, at 8:00 AM. (SC)
- ssued Notice to File Docketing Statement. Due date: 7 days. (SC)
- iled Docketing Statement Civil Appeals. (SC)
- iled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC).
- iled 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)
- iled Certificate of No Transcript Request. (SC)
- iled Order Granting Telephonic Extension. Appellants' Opening Brief and Appendix due: November 9, 2022. (SC)
- iled Appellants' Joint Motion to Permit Appellants Additional Time to File an Opening Brief. (SC)
- iled Order Granting Motion. Appellant's opening brief and appendix due: January 9, 2023. (SC)
- iled Respondent's Motion to Require Posting of or Increasing Amount of Supersedeas Bond by Appellants. (SC)
- iled Motion to Permit Appellant Additional Time to Respond to Respondent's Motion Regarding Bond. (SC)
- iled Respondent's Opposition to Appellant's Motion for Extension of Time to Respond to Motion to Requite Posting of or Increasing Amount of Supersedeas Bond by Appellants. (SC).
- iled Amended Certificate of Service to Respondent's Opposition to Appellant's Motion for Extension of Time to Respond to Motion to Requite Posting of or Increasing Amount of Supersedeas Bond by Appellants.(SC).
- iled Order. Appellants have filed a motion for an extension of time, until January 6, 2023, to file an opposition to respondent's motion to require posting of or increasing amount of supersedeas bond. The extension motion is granted, in part, to the following extent. Appellants shall have until December 23, 2022, to file and serve an opposition to the motion. Respondent shall have 7 days from service of the opposition to file and serve any reply. (SC)
- iled Appellants' Opposition to Motion to Require Posting of or Increasing Amount of Supersedeas Bond By Appellants. (SC)
- iled Reply to Response. Respondents Reply to Appellants Opposition to Motion to Require Posting of or Increasing Amount of Supersedeas Bond by Appellants. (SC)
- iled Appellants' Additional Time to File an Opening Brief. (SC).
- iled Respondent's Opposition to Motion for Third Extension of Time to File Opening Brief. (SC)
- iled Appellants' Reply to Respondent's Opposition to Extension of Time to File Opening Brief. (SC).
- iled Respondent's Motion to Dismiss Appellants' Appeal for Failure to File Timely Opening Brief and Appendix. (SC).
- iled Appendix to Opening Brief Volume 1-6. (STRICKEN PER 2/3/23 ORDER) (SC)
- iled Opening Brief Appellants' Opening Brief. (SC)
- iled Order. On December 2, 2022, respondent filed a motion requesting this court increase the supersedeas bond. Appellants oppose the motion and respondent has filed a reply. This court remands the matter for the limited purpose of allowing the district court to consider the motion to increase the supersedeas bond on its merits. The district court shall have 30 days after entry of this order to determine the appropriate security amount. Appellants shall have 30 days from the date of the district court's order to provide any additional security ordered and to submit proof of security to the clerk of this court. Appellants filed a motion seeking a third extension of time to file the opening brief. Respondent opposes the motion and appellants have filed a reply. Having reviewed these filings, appellants' motion is granted. The opening brief and appendix were filed on January 30, 2023. However, the six-volume appendix was filed as a single submission and should have been filed as six separate submissions. Accordingly, the clerk shall strike the appendix filed on January 30, 2023. Appellants shall have 7 days from the date of this order to re-file the six-volume appendix in six separate submissions. Respondent shall have 30 days from the date of this order to file and serve the answering brief. fn1[ Respondent's motion to dismiss this appeal is denied.] (SC)
- iled Appellants' Appendix to Opening Brief. Vol. 1. (SC)
- iled Appellants' Appendix to Opening Brief. Vol. 2. (SC)
- iled Appellants' Appendix to Opening Brief. Vol. 3. (SC)
- iled Appellants' Appendix to Opening Brief. Vol. 4. (SC)
- iled Appellants' Appendix to Opening Brief. Vol. 5. (SC)
- iled Appellants' Appendix to Opening Brief. Vol. 6. (SC)
- iled Appellants' Opposition to Respondent's Motion to Dismiss for Failure to Prosecute. (SC)
- iled Respondent's Answering Brief. (REJECTED PER 02/27/23 NOTICE) (SC)
- ssued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. (SC).
- iled Respondent's Answering Brief. (SC)
- iled Respondent's Appendix to Answering Brief. Vol. 1. (SC)
- iled Respondent's Appendix to Answering Brief. Vol. 2. (SC)
- iled Respondent's Appendix to Answering Brief. Vol. 3. (SC)
- iled Respondent's Appendix to Answering Brief. Vol. 4. (SC)
- iled Respondent's Appendix to Answering Brief. Vol. 5. (SC)
- iled Respondent's Appendix to Answering Brief. Vol. 6. (SC)
- iled Respondent's Appendix to Answering Brief. Vol. 7. (SC)
- iled District court order in Response to Supreme Court Order dated 02/03/2023. (SC)
- iled Respondent's (Valley Health System) Motion to Require Posting of OR Increasing Amount of Supersedeas Bond by Appellants. (SC)
- iled Respondent's Appendix to Motion to Require Posting Vols. 1 of 7. (SC)
- iled Respondent's Appendix to Motion to Require Posting Vols. 2 of 7. (SC)
- iled Respondent's Appendix to Motion to Require Posting Vols. 3 of 7. (SC)
- iled Respondent's Appendix to Motion to Require Posting Vols. 4 of 7. (SC)
- iled Respondent's Appendix to Motion to Require Posting Vols. 5 of 7. (SC)
- iled Respondent's Appendix to Motion to Require Posting Vols. 6 of 7. (SC)
- iled Respondent's Appendix to Motion to Require Posting Vols. 7 of 7. (SC)
- iled Order Granting Extension Per Telephonic Request. Appellants' reply brief due: April 12, 2023. Appellant's response to motion due: March 31, 2023. (SC)
- iled Respondent's Response to Motion to Require Posting of OR Increasing Amount of Supersedeas Bond by Appellants. (REJECTED PER NOTICE ISSUED 4/3/23) (SC)
- ssued Notice of Rejection for Response to Motion- No Notice of Appearance. Due in 5 days. (SC)
- iled Appellants' Opposition to Respondent's Second Motion to Require Posting or Increasing Amount of Supersedeas Bond by Appellants. (SC)
- iled Respondent's Letter "Objection to Appellants' Noncompliant Opposition". (SC)
- iled Respondent's Reply to Opposition to Motion to Require Posting of or Increasing Amount of Supersedeas Bond. (SC)
- iled Appellants' Reply Brief. (SC)
- iled Order Denying Motion to Require Posting of or Increasing Amount of Supersedeas Bond. The district court granted appellants' motion to stay enforcement of the judgment pending determination of their appeal. The district court further concluded that appellants had already posted a $500 appeal bond and did not require additional bond to secure the stay. Respondent subsequently filed a motion in this court to require appellants to post a supersedeas bond equivalent to the amount of the judgment plus accrued interest. This court remanded the matter for the limited purpose of allowing the district court to consider respondent's motion. The district court entered an order denying respondent's motion and declining to require appellants to post additional security. Respondent has now filed a second motion in this court to require the posting of or increasing the amount of supersedeas bond required of appellants. Appellants have filed an opposition, in which they argue that respondent's motion is not permitted by rule or statute and that the district court properly weighed the relevant factors. Respondent has filed a reply. The purpose of security for a stay pending appeal is to protect the judgment creditor's ability to collect the judgment if it is affirmed by preserving the status quo. This court has recognized that usually a supersedeas bond in the full judgment amount will afford adequate security. However, we have further recognized that the district court has greater familiarity with the facts and circumstances of the case and should be granted broad discretion in determining the appropriate security for a stay. Accordingly, this court denies respondent's motion to increase the amount of bond required of appellants. If they have not already done so, appellants may obtain a stay by posting the $500 bond as ordered by the district court. (SC)
- riefing Completed/To Screening. (SC)
- iled Notice of Voluntary Disclosure for Justice Bell. (SC)
- iled Order Scheduling Oral Argument. Oral argument is scheduled for September 12, 2023, at 2:00 pm, in Las Vegas. The argument shall be limited to 30 minutes. (SC)
- ssued Oral Argument Reminder Notice. (SC)
- ral argument held this day. Case submitted for decision. Before SNP panel. DH/PL/RP. (SC)
- iled Respondent's Substitution of Attorneys for Adam Garth and Najum Anwar in Place of attorneys with Lewis Brisbois Bisgaard & Smith LLP. (SC)
- iled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP23-DH/PL/RP (SC)
- iled Respondent's Motion to Reissue Order as a Published Opinion. (SC)
- iled Order Denying Motion to Publish. On December 4, 2023, respondent filed a motion to publish the decision as an opinion. Having considered the motion, we conclude that publication is not warranted, Accordingly, we deny the motion. SNP23-DH/PL/RP (SC)
- ssued Remittitur. (SC)
- emittitur Issued/Case Closed (SC)
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