Case: Melnik v. Aranas

2:17-cv-02378 | U.S. District Court for the District of Nevada

Filed Date: Sept. 5, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 5, 2017, plaintiff, a person incarcerated in the custody of the Nevada Department of Corrections (NDOC), initiated this lawsuit (pro se, initially) by filing a motion for leave to proceed in forma pauperis in the U.S. District Court for the District of Nevada. By direction of the court, plaintiff's complaint was docketed on July 2, 2018.  Plaintiff sued the Medical Director of NDOC, alleging that he was denied treatment for Hepatitis C virus (HCV) from 2015-2017, even though he was…

On September 5, 2017, plaintiff, a person incarcerated in the custody of the Nevada Department of Corrections (NDOC), initiated this lawsuit (pro se, initially) by filing a motion for leave to proceed in forma pauperis in the U.S. District Court for the District of Nevada. By direction of the court, plaintiff's complaint was docketed on July 2, 2018.  Plaintiff sued the Medical Director of NDOC, alleging that he was denied treatment for Hepatitis C virus (HCV) from 2015-2017, even though he was eligible for treatment under NDOC's Medical Directive and his disease was progressing.  He claimed that the failure to provide appropriate HCV treatment constituted deliberate indifference toward his serious medical need, in violation of the Eighth Amendment.  The case was assigned to Judge James C. Mahan.

The facts underlying the complaint were as follows. Plaintiff was diagnosed with HCV in 2006 while incarcerated at Southern District Correctional Facility in Nevada. Between 2006 and 2014, he was not treated using the existing interferon-based medications. Once the FDA approved Direct-Acting Antiviral (DAA) drugs in 2014, plaintiff asked the medical providers at High Desert State Prison where he was then incarcerated, for DAA treatment. In April 2015, plaintiff was transferred to Ely State Prison and re-tested for HCV. His APRI score was also tested, and it was above 2.0, which was NDOC's required threshold to start DAA treatment. However, between his re-testing in 2015 and January 2017, plaintiff was denied DAA treatment on at least three occasions. In December 2016 and June 2017, plaintiff received ultrasounds that confirmed his HCV had progressed to cirrhosis of the liver.

On June 10, 2019, defendants filed a motion for summary judgment, which Judge Mahan granted on February 28, 2020. Judge Mahan reasoned that the medical director was entitled to qualified immunity because the plaintiff did not meet the burden of showing that he had a "clearly established" right to DAA treatment. 2020 WL 977787.

Plaintiff filed a notice of appeal on March 18, 2020 in the U.S. Court of Appeals for the Ninth Circuit. The case was argued before Judges William A. Fletcher, Eric D. Miller, and Mary M. Schroeder. On December 6, 2021, the panel issued an order reversing and remanding the District Court's judgment. In their unpublished opinion, the Court stated that by 2016, when the medical director became involved in plaintiff's HCV treatment, he had adequate notice that denying HCV treatment for non-medical reasons violates the Eighth Amendment. 2021 WL 5768468.

On remand, the district court vacated its prior judgment in an opinion on March 10, 2022, and the parties decided to work toward a private settlement agreement. As of March 16, 2023, the parties have still not reached a settlement agreement, but settlement discussions appear to be ongoing. 

Summary Authors

Elena Meth (3/16/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8006526/parties/melnik-v-aranas/


Judge(s)
Attorney for Plaintiff

Barrick, Travis (Nevada)

Attorney for Defendant

Davis, Chris William (Nevada)

Gilmer, D. Randall (Nevada)

Kim, Henry (Nevada)

Laxalt-AG, Adam P. (Nevada)

show all people

Documents in the Clearinghouse

Document
4

2:17-cv-02378

Complaint

July 2, 2018

July 2, 2018

Complaint
25

2:17-cv-02378

Order

Feb. 28, 2020

Feb. 28, 2020

Order/Opinion

2020 WL 2020

27

20-15471

Amicus Brief

U.S. Court of Appeals for the Ninth Circuit

Oct. 15, 2020

Oct. 15, 2020

Pleading / Motion / Brief
33

20-15471

Memorandum

U.S. Court of Appeals for the Ninth Circuit

Dec. 6, 2021

Dec. 6, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8006526/melnik-v-aranas/

Last updated March 10, 2024, 4:05 a.m.

ECF Number Description Date Link Date / Link
1

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff John Melnik. (Attachments: # 1 Complaint)(JM) Modified on 9/11/2017 (JM). (Entered: 09/11/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER

Assign Judges in Civil Case

Sept. 11, 2017

Sept. 11, 2017

PACER

Case assigned to Judge James C. Mahan and Magistrate Judge George Foley, Jr. (JM)

Sept. 11, 2017

Sept. 11, 2017

PACER
2

ADVISORY LETTER to litigant. (JM) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
3

SCREENING ORDER. IT IS ORDERED that a decision on 1 the application to proceed in forma pauperis is DEFERRED.IT IS FURTHER ORDERED that the clerk of the court shall file 1 -1 the complaint and send a courtesy copy of that complaint to plaintiff.IT IS FURTHER ORDERED that the clerk of the court electronically serve a copy of this order and a copy of 1 -1 plaintiff's complaint on the office of the attorney general of the state of Nevada, by adding the attorney general of the state of Nevada to the docket sheet. See Order for details/deadlines. Signed by Judge James C. Mahan on 7/2/2018. (copy of complaint sent to P) (Copies have been distributed pursuant to the NEF - MR) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
4

COMPLAINT against Romeo Aranas by John Melnik. (MR) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

Clearinghouse
5

NOTICE of Appearance by attorney Henry Kim on behalf of Defendant Romeo Aranas. (Kim, Henry) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
6

ORDER setting Inmate Early Mediation Conference. An Inmate Early Mediation Conference is set for 9/14/2018 at 08:30 AM, in Room Number 3054, before Mediator Lydia Nussbaum, Esq. The Attorney General's Office will make the necessary arrangements for plaintiff to appear by video and will provide Elvia Garcia at 702-464-5430 with the video conference reservation number and telephone number at which the plaintiff can be reached. The mediation statements shall be received by chambers at 333 S. Las Vegas Blvd., Suite 3099, Las Vegas, NV 89101 no later than 9/7/18 at 4:00 p.m. DO NOT FILE THE MEDIATION STATEMENTS; DO NOT SERVE A COPY ON OPPOSING COUNSEL. See the attached order for specifications. Signed by Magistrate Judge George Foley, Jr on 7/25/2018. (Copies have been distributed pursuant to the NEF - ADR) (Entered: 07/26/2018)

July 25, 2018

July 25, 2018

PACER
7

MINUTES OF PROCEEDINGS - Inmate Mediation Conference held on 9/14/2018 before Mediator Lydia Nussbaum. Crtrm Administrator: E. Garcia; Pla Counsel: John Melnick, Pro Se; Def Counsel: Attorney General: Henry Kim; NDOC: Frank Dreesen; Tort Claim Manager: Telephonic appearance by Nancy Katafias; Recording start and end times: 8:30a.m. - 10:20a.m.; Courtroom: 3rd Floor Video Conference Room; 1st mediation session. A settlement was NOT reached. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
8

STATUS REPORT re: Stay; filed by Defendant Romeo Aranas. (Kim, Henry) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
9

ORDER Granting 1 Application for Leave to Proceed in forma pauperis. Status. See Order for further details. Signed by Magistrate Judge George Foley, Jr on 10/9/2018. (Copies have been distributed pursuant to the NEF - cc: State of Nevada Attorney General, Chief of Inmate Services for the Nevada Department of Corrections - ADR) (Entered: 10/10/2018)

Oct. 9, 2018

Oct. 9, 2018

RECAP
10

ACCEPTANCE OF SERVICE by Romeo Aranas on 10/30/2018 executed by Romeo Aranas re 9 Order on Motion/Application to Proceed in forma pauperis,,,. (Gilmer, D.) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
11

NOTICE of Appearance by attorney Travis N Barrick on behalf of Plaintiff John Melnik. (Barrick, Travis) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
12

ANSWER to 4 Complaint filed by Romeo Aranas. Discovery Plan/Scheduling Order due by 1/6/2019.(Kim, Henry) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
13

PROPOSED Discovery Plan/Scheduling Order by Plaintiff John Melnik Joint (Barrick, Travis) (Entered: 01/31/2019)

Jan. 31, 2019

Jan. 31, 2019

PACER
14

SCHEDULING ORDER Re: 13 Proposed Discovery Plan/Scheduling Order. Discovery due by 5/10/2019. Motions due by 6/10/2019. Proposed Joint Pretrial Order due by 7/10/2019. Signed by Magistrate Judge George Foley, Jr on 2/1/2019. (Copies have been distributed pursuant to the NEF - ADR) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
15

NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (ADR) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
16

Joint STATUS REPORT Interim by Plaintiff John Melnik. (Barrick, Travis) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
17

STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery to Submit Rebuttal Expert Disclosure re 14 Scheduling Order, by Defendant Romeo Aranas. (Kim, Henry) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
18

ORDER Granting 17 Stipulation to Extend Time re Discovery to Submit Rebuttal Expert Disclosure re 14 Scheduling Order. See Order for deadlines. Signed by Magistrate Judge George Foley, Jr on 4/2/2019.(Copies have been distributed pursuant to the NEF - ADR) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

PACER
19

MOTION for Summary Judgment by Defendant Romeo Aranas. Responses due by 7/1/2019. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Kim, Henry) (Entered: 06/10/2019)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

June 10, 2019

June 10, 2019

RECAP
20

MOTION for Leave to File Exhibits Under Seal in Support of 19 Motion for Summary Judgment by Defendant Romeo Aranas. (Kim, Henry) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
22

RESPONSE to 19 Motion for Summary Judgment, by Plaintiff John Melnik. Replies due by 7/11/2019. (Attachments: # 1 Exhibit Dr. Anthony Rebuttal Report, # 2 Exhibit Affidavit of John Melnik, # 3 Exhibit 12/11/17 Notice of Charges) (Barrick, Travis) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
23

REPLY to Response to 19 Motion for Summary Judgment, by Defendant Romeo Aranas. (Kim, Henry) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
24

CLERK'S NOTICE that due to the retirement of U.S. Magistrate Judge George Foley, Jr., this case is reassigned to U.S. Magistrate Judge Elayna J. Youchah for all further proceedings. All further documents must bear the correct case number 2:17-cv-02378-JCM-EJY. (no image attached) (JQC) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
25

VACATED PER 38 ORDER. ORDER. IT IS ORDERED, ADJUDGED, AND DECREED that 19 Dr. Aranas's motion for summary judgment be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that 20 Dr. Aranas's motion for leave to file exhibits under seal be, and the same hereby is, DENIED.The clerk is instructed to enter judgment accordingly and close the case. Signed by Judge James C. Mahan on 2/28/2020. (Copies have been distributed pursuant to the NEF - ADR) Modified on 3/10/2022 (HAM). (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

Clearinghouse
26

CLERK'S JUDGMENT in favor of Romeo Aranas against John Melnik. Signed by Clerk of Court Debra K. Kempi on 2/28/2020. (Copies have been distributed pursuant to the NEF - ADR) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
27

NOTICE OF APPEAL as to 25 Order on Motion for Summary Judgment,, Order on Motion for Leave to File Document,,,, Terminate Case, 26 Judgment by Plaintiff John Melnik. Filing fee $ 505, receipt number 0978-5931778. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Barrick, Travis) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
28

Designation of Transcripts and Transcript Order forms and instructions for 27 Notice of Appeal,. The forms may also be obtained on the Court's website at www.nvd.uscourts.gov. (Attachments: # 1 transcript order form) (EDS) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
29

TRANSCRIPT DESIGNATION by Plaintiff John Melnik re 27 Notice of Appeal,. Transcripts are NOT required for this appeal. (Barrick, Travis) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
30

USCA ORDER for Time Schedule as to 27 Notice of Appeal, filed by John Melnik. USCA Case Number 20-15471. (Copies have been distributed pursuant to the NEF - JQC) (Entered: 03/25/2020)

March 19, 2020

March 19, 2020

PACER
31

ORDER of USCA, Ninth Circuit, as to 27 Notice of Appeal, filed by John Melnik. (Copies have been distributed pursuant to the NEF - JQC) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
32

ORDER of USCA, Ninth Circuit, as to 27 Notice of Appeal, filed by John Melnik. (Copies have been distributed pursuant to the NEF - JQC) (Entered: 10/21/2020)

Oct. 15, 2020

Oct. 15, 2020

RECAP
33

MEMORANDUM of USCA, Ninth Circuit REVERSING AND REMANDING Judgment of the US District Court as to 27 Notice of Appeal filed by John Melnik. (Copies have been distributed pursuant to the NEF - KF) (Entered: 12/08/2021)

Dec. 6, 2021

Dec. 6, 2021

Clearinghouse
34

MANDATE of USCA, Ninth Circuit, as to 33 USCA Memorandum, Reversing and Remanding re 27 Notice of Appeal, filed by John Melnik. (Copies have been distributed pursuant to the NEF - JQC) (Entered: 01/04/2022)

Dec. 28, 2021

Dec. 28, 2021

PACER
36

ORDER on Mandate as to 34 USCA Mandate on the 27 Notice of Appeal, filed by John Melnik. REVERSED/REMANDED. Signed by Judge James C. Mahan on 1/7/2022. (Copies have been distributed pursuant to the NEF - HAM) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

PACER
37

NOTICE of Change of Deputy Attorney General on behalf of Defendant Romeo Aranas. Deputy Attorney General Henry Kim terminated. (Davis, Chris) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER
38

ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the court's order (ECF No. 25 ), be, and the same hereby is, VACATED as to granting Dr. Aranas's motion for summary judgment. IT IS FURTHER ORDERED that the parties shall file a JOINT STATUS REPORT within fourteen (14) days of this order informing the court of this action's status. The clerk is instructed to reopen the case accordingly. Signed by Judge James C. Mahan on 3/10/2022., Case reopened. (Copies have been distributed pursuant to the NEF - HAM) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

Clearinghouse
39

Joint STATUS REPORT by Plaintiff John Melnik. (Barrick, Travis) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
40

ORDER setting Settlement Conference. Settlement Conference set for 6/24/2022 at 09:00 AM by Videoconference before Magistrate Judge Elayna J. Youchah. Signed by Magistrate Judge Elayna J. Youchah on 3/23/2022. (Copies have been distributed pursuant to the NEF - HAM) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
41

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 5/04/2022. By Judicial Assistant: E. Santiago.Due to a scheduling conflict on the Court's calendar, IT IS HEREBY ORDERED that the Settlement Conference currently scheduled for Friday, June 24, 2022 at 9:00 a.m. is rescheduled to Friday, August 12, 2022, commencing at 9:00 a.m. via the Zoom video conference platform. The parties shall contact Elvia Garcia, Courtroom Deputy for the undersigned Magistrate Judge, by 12:00 p.m. on August 5, 2022, at Elvia_Garcia@nvd.uscourts.gov, and provide the email addresses of their respective participants. The courtroom deputy shall email all participants with the Zoom link. IT IS FURTHER ORDERED that the confidential Settlement Conference statements, with exhibits, must be delivered electronically to Emily_Santiago@nvd.uscourts.gov by 4:00 p.m. on August 5, 2022. Except as stated herein, the prior terms of the Order (ECF No. 40) issued on March 23, 2022 remain in full force and effect. IT IS FURTHER ORDERED that persons with remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary to the Court.(no image attached) (Copies have been distributed pursuant to the NEF - ES) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

PACER

Order Setting Settlement Conference

May 4, 2022

May 4, 2022

PACER
42

MINUTES OF PROCEEDINGS - Zoom Settlement Conference held on 8/12/2022 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Travis Barrick and John Melnik, Plaintiff; Def Counsel: Chris Davis, Dr. Romeo Aranas, Nancy Katafias, Tort Claim Administrator and Jeremy Bean, Assistant Warden; Time of Hearing: 9:00a.m. - 10:58a.m.; Courtroom: 3C; All parties appeared by Zoom. Plaintiff and Defendant Representative are present with counsel. The parties engaged in a Settlement Conference. This matter is continued for 30-days.A telephonic status conference is set for Monday, September 19, 2022 at 1:00 p.m., before Magistrate Judge Elayna J. Youchah. Parties are instructed to call the Audio Conference Line at (888) 251-2909, access code 7771745, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
43

MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 9/19/2022 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Travis Barrick; Def Counsel: Chris Davis; Recording start and end times: 1:02p.m. - 1:07p.m.; Courtroom: 3C; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel regarding settlement of this case. Parties advise the Court that settlement discussions are still ongoing. A Telephonic Status Conference is set for Monday, October 24, 2022 at 10:30 a.m., before Magistrate Judge Elayna J. Youchah. Parties are instructed to call the Audio Conference Line at (888) 251-2909, access code 7771745, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. If dismissal papers have been filed on or before Monday, October 24, 2022, the telephonic status hearing will be automatically VACATED. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER
44

MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 10/24/2022 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Travis Barrick; Def Counsel: Chris Davis; Recording start and end times: 10:27a.m. - 10:31a.m.; Courtroom: 3C; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel regarding settlement of this case. Parties advise the Court that settlement discussions are still ongoing. A Telephonic Status Conference is set for Thursday, December 1, 2022 at 4:30 p.m., before Magistrate Judge Elayna J. Youchah. Parties are instructed to call the Audio Conference Line at (888) 251-2909, access code 7771745, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. If dismissal papers have been filed on or before Thursday, December 1, 2022, the telephonic status hearing will be automatically VACATED. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
45

NOTICE of Change of Address by Travis Barrick. (Barrick, Travis) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
46

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 11/30/2022. By Deputy Clerk: E. Garcia.The Telephonic Status Conference currently scheduled for Thursday, December 1, 2022 at 4:30 p.m., before Magistrate Judge Elayna J. Youchah is ADVANCED IN TIME ONLY to 10:30 a.m. Parties are instructed to call the Audio Conference Line at (888) 251-2909, access code 7771745, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line.If dismissal papers have been filed on or before Thursday, December 1, 2022, the telephonic status hearing will be automatically VACATED. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER

~Util - Terminate Deadlines/Hearings

Nov. 30, 2022

Nov. 30, 2022

PACER
47

MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 12/1/2022 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Travis Barrick; Def Counsel: Chris Davis; Recording start and end times: 10:31a.m. - 10:34a.m.; Courtroom: 3C; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel regarding settlement of this case. Parties advise the Court that settlement discussions are still ongoing. The Court sets a 60-day status date for February 1, 2023. Parties are to file a stipulation with this Court indicating that a settlement has been reach or if a second settlement conference is requested. If dismissal papers have been filed on or before February 1, 2023, the status date will be automatically VACATED. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
48

Joint STATUS REPORT Requesting Settlement Conference by Plaintiff John Melnik.. (Barrick, Travis) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER
49

ORDER. Settlement Conference set for 6/16/2023 at 09:30 AM in LV Chambers - Videoconference before Magistrate Judge Elayna J. Youchah. The parties must contact Elvia Garcia, Courtroom Deputy for the undersigned Magistrate Judge, by 12:00 p.m. on June 14, 2023, at Elvia_Garcia @nvd.uscourts.gov, and provide the email addresses of their respective participants. The courtroom deputy will email all participants with the Zoom link. Signed by Magistrate Judge Elayna J. Youchah on 2/3/2023. (Copies have been distributed pursuant to the NEF - HAM) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

RECAP
50

MINUTES OF PROCEEDINGS - Settlement Conference held on 6/16/2023 before Magistrate Judge Elayna J. Youchah. Pla Counsel: Travis Barrick and Plaintiff John Melnik; Def Counsel: Chris Davis and Defendant Representatives Nancy Katafias, William Reubart; Time of Hearing: 9:00 a.m.; A settlement conference was conducted before Magistrate Judge Elayna J. Youchah commencing at 9:00 a.m. on June 16, 2023. Discussions concluded at approximately 10:30 a.m. A settlement was reached. IT IS HEREBY ORDERED that a telephonic status hearing with counsel is scheduled for 9:30 a.m. on Monday, August 21, 2023. If dismissal papers are lodged with the Court by or before this date, the telephonic status hearing will be automatically vacated. The Parties are instructed to call the Audio Conference Line at (888) 251-2909, access code 7771745, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. (no image attached) (Copies have been distributed pursuant to the NEF - ES) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

PACER

Status Conference

Aug. 21, 2023

Aug. 21, 2023

PACER
52

Stipulation

Aug. 22, 2023

Aug. 22, 2023

PACER
53

ORDER Granting 52 Stipulation to Dismiss. The Parties have resolved this matter in its entirety and the Court may accordingly close the case. Any outstanding deadlines are considered moot. This case is now closed. Signed by Judge James C. Mahan on 8/25/2023. (Copies have been distributed pursuant to the NEF - AMMi)

Aug. 25, 2023

Aug. 25, 2023

RECAP

Case Details

State / Territory: Nevada

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: Sept. 5, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An individual incarcerated in the Nevada Department of Corrections with untreated Hepatitis C Virus.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Nevada Department of Corrections (Indian Springs, Clark), State

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Medical/Mental Health Care:

Hepatitis

Medical care, general

Medical care, unspecified