Tuesday, September 19, 2017 - Las Vegas - Silver/Tao/Gibbons
GARDNER VS STATE
Docket Number: 69382
Las Vegas - 10:00 AM - Court of Appeals
Appellant Karlton Gardner is an inmate who filed a civil rights complaint against the Nevada Department of Corrections and several prison officials. After the parties had filed several pleadings, respondents moved to dismiss Gardner’s action, in part, for failure to hold an early case conference within the timeframe required by NRCP 16.1. The district court granted this motion.
ISSUES:
On appeal, Gardner argues the district court abused its discretion in granting respondents' motion because:(1) it did not properly consider the factors guiding the exercise of the district court’s discretion under NRCP 16.1, and (2) compelling and extraordinary circumstances warranted an extension of NRCP 16.1(e)’s deadline for an early case conference.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.
ROBERTS VS. HARKREADER
Docket Number: 69680
Las Vegas - 10:30 AM - Court of Appeals
Appellant Thomas Roberts is an inmate who filed a pro se civil rights complaint against several prison officials. Respondents moved to dismiss the complaint under NRCP 12(b)(5) on the ground that it was barred by the statute of limitations. The district court denied the motion more than two years after it was filed. Respondents then moved to dismiss on the ground that Roberts failed to hold an early case conference, and the district court granted that motion and dismissed the case without prejudice. Roberts appealed that order and was subsequently appointed pro bono counsel.
ISSUES:
He now argues that the district court erred by dismissing the action without first considering the effects of: (1) the court’s delay on ruling on the NRCP 12(b)(5) motion; and (2) respondents’ statement that they would not oppose a partial motion for summary judgment filed by Roberts until the district court had adjudicated their NRCP 12(b)(5) motion.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.
FRANCO VS. FRANCO (CHILD CUSTODY)
Docket Number: 69098
Las Vegas - 11:30 AM - Court of Appeals
The parties, who have two minor children, divorced in 2015. The district court ordered an upward deviation of child support, and also awarded defendant attorney fees.
ISSUES:
The issues on appeal are whether the district court abused its discretion when: 1) awarding an upward deviation of child support, 2) awarding attorney fees, and 3) dividing the marital property.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.
ANDREW VS. COSTER
Docket Number: 70836
Las Vegas - 1:30 PM - Court of Appeals
Appellant is an inmate undergoing treatment for prostate cancer. He filed a complaint alleging medical malpractice for injuries he suffered when a catheter was removed. Appellant was unable to obtain and produce an expert affidavit supporting his allegations as required by NRS 41A.071 from NDOC medical professionals and sought a waiver of that requirement. Respondents moved to dismiss the complaint for failure to provide the affidavit, and the district court granted the motion.
ISSUES:
(1) Whether NRS 41A.071 violates the equal protection clause of the US and Nevada Constitutions with respect to inmates, and (2) whether dismissal was improper because appellant’s claim was based on res ipsa loquitur and he alleged a deliberate indifference claim.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.