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Coleman Davis, Plaintiff(S) Vs. Nevada State Of, Defendant(S)

Case Last Refreshed: 3 years ago

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Davis, Coleman, filed a(n) General Negligence - Torts case represented by William S. Skupa, against Nevada State Of, represented by Mercedes Menendez, in the jurisdiction of Clark County, NV, . Clark County, NV Superior Courts with Villani, Michael presiding.

Case Details for Davis, Coleman v. Nevada State Of

Case Number

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Judge

Villani, Michael

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Filing Date

September 26, 2012

Category

Negligence - Other Negligence

Last Refreshed

November 21, 2020

Practice Area

Torts

Filing Location

Clark County, NV

Matter Type

General Negligence

Case Outcome Type

Order Of Dismissal

Parties for Davis, Coleman v. Nevada State Of

Plaintiffs

Davis, Coleman

Attorneys for Plaintiffs

William S. Skupa

Defendants

Nevada State Of

Attorneys for Defendants

Mercedes Menendez

Case Events for Davis, Coleman v. Nevada State Of

Date Type Description
January 07, 2019 Docket Event Case Reassigned to Department 18
Judicial Reassignment - From Judge Villani to Judge Holthus
January 28, 2014 Docket Event Notice of Entry Of Order
January 28, 2014 Docket Event Order (1) Granting Defendants' Motion to Dismiss Plaintiffs' Amended Complaint; (2) Denying Plaintiffs' Motion for Reconsideration; and (3) Denying Plaintiffs' Petition to Stay
December 18, 2013 Docket Event All Pending Motions
Plaintiffs' Motion for Rehearing and Reconsideration regarding Defendants' Motion to Dismiss Plaintiffs' Complaint . . . Decision on Stay
The Plaintiffs' Motion for Reconsideration and Petition to Stay came before this Court on the December 18, 2013, Chamber Calendar. The Court, having reviewed the pleadings and papers on file herein, FINDS that the COURT has not yet made a decision granting the Defendants' Motion to Dismiss as supplemental briefing was ordered on the matter. There can be no rehearing of a decision that has not yet been made by the COURT. A District Court may reconsider a previously decided issue if substantially different evidence is subsequently introduced or if the prior decision was clearly erroneous. Masonry & Tile Contractors Ass'n of Southern Nevada v. Jolley, Urga & Wirth, Ltd., 113 Nev. 737,741, 941 P.2d 486, 489 (1976). In Coleman Davis' Motion for Reconsideration, Coleman Davis did not argue any new facts or law and did not introduce any substantially different evidence. Therefore, the Court FINDS that even if the decision had been entered the Plaintiff failed to present new authority demonstrate that the COURT'S initial decision was clearly erroneous. The COURT also FINDS that NRS 209.243 requires an inmate to file his grievances within six (6) months. The time to file a civil claim is not altered in any way by NRS 209.243. Inmates still possess two years in which they can properly file a claim against the State. Additionally, the COURT FINDS the statue is rationally related to a legitimate government interest. Therefore, COURT ORDERED the State of Nevada's Motion to Dismiss is GRANTED. The Plaintiffs' Motion for Reconsideration is DENIED as MOOT because the COURT has not yet entered a decision in this matter. Further, COURT ORDERED the Petition to Stay is DENIED. Counsel for the State if Nevada is directed to submit a proposed order consistent with the foregoing within ten (10) days after counsel is notified of the ruling and distribute a filed copy to all parties involved pursuant to EDCR 7.21. Such Order should set forth a synopsis of the supporting reasons proffered to the Court in briefing and reflect the Court's minutes from the October 9, 2013 hearing. CLERK'S NOTE: A copy of this minute order was placed in the attorney folder of the Attorney General.

Judge: Villani, Michael
December 18, 2013 Docket Event Decision on Stay

Judge: Villani, Michael
December 18, 2013 Docket Event Motion For Reconsideration
Plaintiffs' Motion for Rehearing and Reconsideration Regarding Defendants' Motion to Dismiss Plaintiffs' Complaint and Points and Aurthorities Regarding Staying this Lawsuit

Judge: Villani, Michael
December 09, 2013 Docket Event Reply to Opposition
Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion for Rehearing and Reconsideration Regarding Defendants' Motion to Dismiss Plaintiffs' Complaint and Defendants' Supplemental Briefing Regarding Defendants' Pending Motion to Dismiss Plaintiffs Amended Complaint
November 26, 2013 Docket Event Opposition to Motion
Defendants' Opposition to Plaintiffs' Motion for Rehearing and Reconsideration Regarding Defendants' Motion to Dismiss Plaintiffs' Complaint and Points and Authorities Regarding Staying This Lawsuit
November 13, 2013 Docket Event Certificate Of Mailing
November 08, 2013 Docket Event Certificate of Mailing
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