Kinsman v. Naphcare, Inc. et al

Filing 22

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Donald Kinsman,

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2:17-cv-0152-JAD-NJK

Plaintiff
Order Granting Unopposed
Motion to Dismiss Claims against
Naphcare

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v.

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Naphcare, Inc., et al.,
[ECF No. 15]

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Defendants

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Plaintiff Donald Kinsman, who is represented by counsel, sues various entities for the

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medical care he was denied during his detention at the Clark County Detention Center.

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Naphcare, Inc., the entity that provides medical services for the jail, moves to dismiss all claims

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against it, primarily because Kinsman appears to have pled medical-malpractice claims without

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providing the medical-expert affidavit required by NRS 41A.071, and because it also appears that

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he is pleading a deliberate-indifference-to-serious-medical-needs claim under § 1983 without

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pleading facts to support it.1 Kinsman’s opposition to the motion was due by March 7, 2017. He

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has not opposed the motion, and the deadline for response passed without any request for an

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extension. Local Rule 7-2(d) states that the “failure of an opposing party to file points and

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authorities in response to” a motion to dismiss “constitutes a consent to the granting of the

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motion.”2 I invoke LR 7-2(d) and deem Kinsman’s failure to oppose this motion to dismiss as

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consent to granting the motion. Accordingly,
IT IS HEREBY ORDERED that Naphcare’s Motion to Dismiss [ECF No. 15] is

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GRANTED; all claims against Naphcare are DISMISSED;
DATED: March 22, 2017

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_______________________________
Jennifer A. Dorsey
United States District Judge

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ECF No. 15.

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Nev. L.R. 7-2(d). See also notice of non-opposition at ECF No. 21.