Kinsman v. Naphcare, Inc. et al
ORDER granting 15 Motion to Dismiss Claims against Naphcare. Signed by Judge Jennifer A. Dorsey on 3/22/2017. (Copies have been distributed pursuant to the NEF - DC)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Order Granting Unopposed
Motion to Dismiss Claims against
Naphcare, Inc., et al.,
[ECF No. 15]
Plaintiff Donald Kinsman, who is represented by counsel, sues various entities for the
medical care he was denied during his detention at the Clark County Detention Center.
Naphcare, Inc., the entity that provides medical services for the jail, moves to dismiss all claims
against it, primarily because Kinsman appears to have pled medical-malpractice claims without
providing the medical-expert affidavit required by NRS 41A.071, and because it also appears that
he is pleading a deliberate-indifference-to-serious-medical-needs claim under § 1983 without
pleading facts to support it.1 Kinsman’s opposition to the motion was due by March 7, 2017. He
has not opposed the motion, and the deadline for response passed without any request for an
extension. Local Rule 7-2(d) states that the “failure of an opposing party to file points and
authorities in response to” a motion to dismiss “constitutes a consent to the granting of the
motion.”2 I invoke LR 7-2(d) and deem Kinsman’s failure to oppose this motion to dismiss as
consent to granting the motion. Accordingly,
IT IS HEREBY ORDERED that Naphcare’s Motion to Dismiss [ECF No. 15] is
GRANTED; all claims against Naphcare are DISMISSED;
DATED: March 22, 2017
Jennifer A. Dorsey
United States District Judge
ECF No. 15.
Nev. L.R. 7-2(d). See also notice of non-opposition at ECF No. 21.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?