Case: Melnik v. Aranas

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

Matthew J. Akiyama, MD, MSc; Tessa Bialek, JD; Raphael Simonson, BA

Tessa Bialek and Matthew J. Akiyama, M.D., M.Sc.

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)

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

Assign Judges in Civil Case

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

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)

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

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

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)

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)

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

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)

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)

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

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)

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

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)

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)

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

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)

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)

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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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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)

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)

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

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)

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).

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

Order Setting Settlement Conference

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)

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)

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)

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

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)

~Util - Terminate Deadlines/Hearings

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)

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

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 J une 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)

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)

MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 8/21/2023 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Travis Barrick; Def Counsel: Chris Davis; Recording start and end times: 9:31a.m. - 9:35a.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks andhears representations of counsel regarding status of the case. Parties advise the Court that a stipulation to dismiss will be filed. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) (Entered: 08/21/2023)

Status Conference

STIPULATION TO DISMISS re 50 Settlement Conference,,,, 51 Status Conference,, by Defendant Romeo Aranas. (Davis, Chris) (dismiss) (Entered: 08/22/2023)

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)