Chudacoff v. University Medical Center Of Southern Nevada et al
| Richard Chudacoff, MD |
| University Medical Center Of Southern Nevada, Rory Reid, Kathleen Silver, Brian Brannman, The Medical and Dental Staff of the University Medical Center of Southern Nevada, John Ellerton, MD, Marvin J Bernstein, MD, Dale Carrison, MD and Donald Roberts, MD |
| 2:2008cv00863 |
| July 2, 2008 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Clark |
| Robert J. Johnston |
| Edward C. Reed |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
731
ORDER granting 730 Stipulation of Dismissal with prejudice, each party to bear their own fees and costs incurred herein. Signed by Judge Miranda M. Du on 3/6/2015. (Copies have been distributed pursuant to the NEF - DKJ)
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Filing
725
ORDER Granting 724 Michael K. Naethe's Motion to Withdraw as Counsel for Plaintiff. Attorney Michael K. Naethe terminated. Signed by Magistrate Judge George Foley, Jr on 03/25/2014. (Copies have been distributed pursuant to the NEF - AC)
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Filing
715
ORDER that 689 Motion for Summary Judgment is DENIED as moot. FURTHER ORDERED that 701 Motion for Summary Judgment is GRANTED. FURTHER ORDERED that 702 Motion for Summary Judgment is DENIED. FURTHER ORDERED that 686 Motion for C ertificate of Appealability is GRANTED. The Clerk shall enter judgment in favor of Ellerton, Carrison, Bernstein, Roberts, Bandt, Christensen, Fildes, Hunt, Iwamoto, Kirgan, Kuhls, Lewis, Lippmann, Mazzu, McCourt, Stewart, Vater, Vohra, and Voss agai nst Plaintiff as to the claims under 42 U.S.C. § 1983. FURTHER ORDERED that the case is STAYED. Signed by Chief Judge Robert C. Jones on 11/1/13. (Copies have been distributed pursuant to the NEF: (E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit.) - MMM)
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Filing
713
ORDER that 378 Motion in Limine is DENIED as moot. FURTHER ORDERED that 380 Motion in Limine is GRANTED. FURTHER ORDERED that 429 Motion for Leave to File Reply is DENIED. FURTHER ORDERED that 578 and 581 the OBJECTIONS are DENIED. FURT HER ORDERED that 672 Motion for Recusal is DENIED. FURTHER ORDERED that 674 Motion to Strike is DENIED as moot. FURTHER ORDERED 676 Motion to Strike is GRANTED. FURTHER ORDERED that 687 Motion for Leave to File Sur-Reply is DENIED as moot. FURTHER ORDERED that 697 Motion for Leave to File Sur-Reply and 705 and 710 Motions for Leave to File Overlength Brief are GRANTED. Signed by Chief Judge Robert C. Jones on 9/16/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
669
ORDER that 409 Motion for Partial Summary Judgment on Plaintiff's Breach of the Implied Covenant of Good Faith and Fair Dealing claim against Defendant The Medical and Dental Staff is DENIED.FURTHER ORDERED that 410 Motion for Partial Summary Judgment on Plaintiff's Punitive Damages Claim is GRANTED with respect to punitive damages under section1983 and DENIED with respect to punitive damages for breach of the covenant of good faith and fair dealing. Plaintiff's Request for Order Allowing the Filing of an Overlength Brief 446 is GRANTED. Plaintiff's Request to Strike Exhibits 468 is DENIED as the Court has previously ruled that the exhibits are not new evidence. FURTHER ORDERED that 414 and 417 Moti ons for Summary Judgment are DENIED. Plaintiff's Request for Order Allowing the Filing of an Overlength Brief 457 is GRANTED.FURTHER ORDERED that 478 Motion for Summary Judgment is GRANTED. Plaintiff's claims under section 1983 are d ismissed. FURTHER ORDERED that 509 Motion for Attorney's Fees is GRANTED in part and DENIED in part. Plaintiff shall be awarded $7,125.00 in fees.FURTHER ORDERED that 510 and 545 Motions to Dismiss are GRANTED with respect to an y claims under section 1983 and DENIED with respect to any remaining claims. Plaintiff's Motion For Leave to File Excess Pages 559 is GRANTED. The parties may file additional motions in accordance with this Order within twenty-eight (28) days. Signed by Chief Judge Robert C. Jones on 6/21/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
665
ORDER that Defendants Bernstein, Ellerton, Carrison, and Roberts shall pay Plaintiff $2,125 in attorneys' fees within 14 days of the date of this Order. Signed by Magistrate Judge George Foley, Jr on 5/31/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
657
ORDER that 630 Renewed Motion for Sanctions is GRANTED in accordance with the foregoing provision of this order. FURTHER ORDERED that Defendants shall serve responsive answers to interrogatories within 14 days of the filing of this order. FURTHER ORDERED that Plaintiff is awarded his reasonable expenses, including reasonable attorney's fees incurred in regard to this motion. Signed by Magistrate Judge George Foley, Jr on 4/22/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
648
ORDER Denying 646 Motion to Extend Time. Signed by Magistrate Judge George Foley, Jr on 3/22/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
644
ORDER that Defendants Bernstein, Ellerton, Carrison, and Robertsshall pay Plaintiff $2,975.00 in attorneys' fees no later than 14 days after the date of this Order. Signed by Magistrate Judge George Foley, Jr on 3/8/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
639
ORDER that the 02/27/2013 hearing on 630 Plaintiffs Motion for Sanctions (#630) is VACATED. The Court shall decide the Motion on the pleading papers. IT IS FURTHER ORDERED that Defendants Response to 630 Plaintiffs Motion is due by 03/04/2013. P laintiffs Reply is due by 03/14/2013. In the event the Parties desire a hearing on the 630 Motion, they may submit a stipulation no later than 03/07/2013 agreeing on a hearing date no later than 03/21/2013. IT IS FURTHER ORDERED that in light of t he Courts 627 Order granting 609 Defendants Motion for Protective Order, the 02/27/2013 hearing regarding the 609 Motion is VACATED. Signed by Magistrate Judge George Foley, Jr on 02/20/2013. (Copies have been distributed pursuant to the NEF - AC)
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Filing
635
ORDER that Defendants shall pay Plaintiff $9,600.00 in attorneys' fees. IT IS FURTHER ORDERED that, in accordance with Mr. Cook's representations at the 335 Order to Show Cause Hearing, Defendant UMC and Chartis shall determine which entity is responsible for paying the awarded fees. Signed by Magistrate Judge George Foley, Jr on 02/19/2013. (Copies have been distributed pursuant to the NEF - AC)
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Filing
627
ORDER that 609 Motion to Enforce Amended Stipulated Protective Order and to Strike Plaintiff's Withdrawal of Consent is granted. The "attorney's eyes only" restriction applicable to the production of Defendants' financial or net worth shall remain in effect until such time as the Court orders otherwise as indicated above. Signed by Magistrate Judge George Foley, Jr on 2/14/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
611
ORDER that Amended Stipulated Protective Order (#507), filed with the Court on July 25, 2012 is hereby adopted by the Court pending the final decision on this matter. FURTHER ORDERED that Plaintiff's counsel shall not disclose any of the financ ial information produced by Defendants' counsel on or about January 24, 2013 to any other person until the Court issues a final decision on Defendants' Emergency Motion to Enforce Amended Stipulated Protective Order and to Strike Notice of Plaintiffs Withdrawal of Consent 609 . FURTHER ORDERED that if Plaintiff's counsel has provided copies of Defendants' financial information to any other persons, he shall immediately retrieve all such copies and provide written certificati on that he has done so to the Court on or before February 1, 2013 at 5:00 P.M. FURTHER ORDERED that Plaintiff's shall respond to the motion in the ordinary course and the Court hereby sets a hearing on this matter for Wednesday, February 27, 2013 at 10:00 a.m. Signed by Magistrate Judge George Foley, Jr on 1/29/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
610
ORDER denying 453 Motion for Protective Order.FURTHER ORDERED that 518 Motion to Extend Discovery is denied without prejudice. FURTHER ORDERED that 544 Motion for Leave to Take More than Ten Depositions is denied without prejudice. FURTHER ORD ERED that 546 Motion for Additional Time to Depose is denied without prejudice. FURTHER ORDERED that 547 Motion to Compel denied without prejudice. FURTHER ORDERED that 552 Motion for Protective Order is denied without prejudice. FURTHER ORDERE D that the Parties may appropriately renew the above Discovery Motions, if necessary, after the District Courts ruling on Defendants Motion to Dismiss 545 . FURTHER ORDERED that 442 Motion for Hearing re: Motion to Compel is denied as moot. Signed by Magistrate Judge George Foley, Jr on 1/28/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
604
ORDER that 372 Emergency MOTION for Protective Order is denied. Signed by Magistrate Judge George Foley, Jr on 1/17/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
598
ORDER Granting 541 Motion to Seal 539 and 540 Subpoenas Returned Executed. FURTHER ORDERED that 542 Motion to Strike Plaintiff's Emergency Letter Motion for Protective Order is GRANTED. FURTHER ORDERED that Plaintiffs Emergency Motion for Protective Order 525 be stricken. Signed by Magistrate Judge George Foley, Jr on 1/11/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
597
ORDER Granting 591 Motion for a Status Conference. A Status Conference will be held on January 15, 2013 at 9:30 AM in Courtroom 3A on the following Motions: 328 , #372, 373 , 441 , 442 , 443 , 453 , 517 , 518 , 525 , 541 , 542 , 544 , 546 , 547 , 552 , and 560 . Signed by Magistrate Judge George Foley, Jr on 12/19/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
577
ORDER Granting in part and Denying in part 359 Motion to Compel. FURTHER ORDERED that Plaintiff's first request for a second or continued deposition of Shana Tello is GRANTED. FURTHER ORDERED that Plaintiff's request for sanctions, including the request for Defendants to pay the cost of a second deposition is DENIED. Signed by Magistrate Judge Robert J. Johnston on 9/28/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
493
ORDER Granting in part and Denying in part 346 Motion to Strike. FURTHER ORDERED that 350 Motion for Reconsideration is GRANTED. FURTHER ORDERED that 355 Joint Motion to Extend Discovery is GRANTED. FURTHER ORDERED that 356 Motion for Sancti ons is GRANTED. FURTHER ORDERED that 369 Motion for Leave to File Fifth Amended Complaint is GRANTED. FURTHER ORDERED that 392 and 402 Motions to Strike Joinders are DENIED. FURTHER ORDERED that 471 Motion to Set Trial Date is DENIED. Signed by Judge Edward C. Reed, Jr on 7/6/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
411
ORDER Granting in part and Denying in part 333 Motion to Compel. (See Order for details). FURTHER ORDERED that defense counsel is advised that a supplement to Fed.R.Civ.P.(a)(1) disclosures is not a substitute for appropriate responses to written discovery responses. FURTHER ORDERED that no sanctions are appropriate. Signed by Magistrate Judge Robert J. Johnston on 3/22/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
374
ORDER Denying 312 Motion for Protective Order; and Denying 325 Motion for Protective Order. FURTHER ORDERED that Defendants' Motion to Strike Plaintiff's Improper Disclosures 324 is DENIED in part and GRANTED in part. The motion is G RANTED as to the request that Stan Smith's expert testimony be limited to Chudacoff's post-May 2009 damages, and DENIED in all other respects. Signed by Magistrate Judge Robert J. Johnston on 3/1/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
366
ORDER Granting 326 Motion for Summary Judgment on the Issue of the Applicability of NRS § 41.035. Signed by Judge Edward C. Reed, Jr. on 2/28/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
340
ORDER that Defendants Motions 306 323 324 are GRANTED IN PART AND DENIED IN PART. Defendants request that Kathleen Silver and the improper state law claims be removed from Plaintiffs Third Amended Complaint and request for clarification are g ranted. Discovery shall remain open for an additional sixty (60) days after the date of entry of this Order. Defendantsrequest for sanctions is denied. The remaining issues not addressed by this Order shall be addressed by the Magistrate Judge and De fendants additional motions concerning those issues. Defendants Motion to Strike the Errata 310 is DENIED. Plaintiffs Motion for Sanctions, originally filed in the Court of Appeals, is DENIED. Plaintiffs Motion to Set a Trial Date 334 is DENIED. Plaintiffs Motion for Leave to File Fourth Amended Complaint 338 to include voting members of the MEC is DENIED because Plaintiff has alleged only that these members voted against Plaintiff, which is insufficient. In order to clear the record conc erning DOE Defendants, however, Plaintiff is ordered to file a fourth amended complaint removing any reference to the DOE Defendants and otherwise complying with this Order within fourteen (14) days. Signed by Judge Edward C. Reed, Jr on 12/20/11. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
332
AMENDED ORDER re 328 Order. Signed by Magistrate Judge Robert J. Johnston on 12/7/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
328
ORDER that a Show Cause Hearing is set for 12/7/2011 08:00 AM in LV Courtroom 3D before Magistrate Judge Robert J. Johnston re 316 Order. Plaintiff shall file an affidavit of fees and costs by 12/2/2011. Responses to the Affidavit of Fees and cost s shall be filed by 12/5/2011. A Settlement Conference is set for 12/7/2011 immediately following the show cause hearing in the ADR Suite. Signed by Magistrate Judge Robert J. Johnston on 12/1/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
302
ORDER Granting 258 Motion to Re-Open Discovery. Granting in part and denying in part 259 Motion for Leave to File Third Amended Complaint. Granting 274 Motion to Strike Documents 271 and 272 . Denying 276 Motion to Consolidate Cases. Deny ing 277 Motion to Reconsider Dismissal of Kathleen Silver. Denying 278 Motion for Attorney Fees. Granting 279 Motion for Reconsideration of the Dismissal of the State Law Claims. Amended Complaint Deadline 11/18/2011. Signed by Judge Edward C. Reed, Jr on 10/21/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
106
ORDER Granting 86 Motion for Partial Summary Judgment. Denying 85 Motion for Preliminary Injuction. Signed by Judge Edward C. Reed, Jr. (Copies have been distributed pursuant to the NEF - AXM)
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