GARCIA VS. AWERBACH

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Cases Case Search Participant Search 20-19376: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 71348 Short Caption: GARCIA VS. AWERBACH Court: Supreme Court Related Case(s): 68602, 69134 Lower Court Case(s): Clark Co. - Eighth Judicial District - A637772 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: Panel To SP/Judge: 10/07/2016 / Shirinian, Ara SP Status: Completed Oral Argument: 12/12/2019 at 11:30 AM Oral Argument Location: Las Vegas Submission Date: 12/12/2019 How Submitted: + Party Information Role Party Name Represented By Appellant Emilia Garcia Corey M. Eschweiler (Glen Lerner Injury Attorneys) Ryan T. Gormley (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC/Las Vegas) Timothy A. Mott (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC/Las Vegas) D. Lee Roberts, Jr. (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC/Las Vegas) Marisa Rodriguez-Shapoval (Former) (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC/Las Vegas) Respondent Andrea Awerbach Joel D. Henriod (Lewis Roca Rothgerber Christie LLP/Las Vegas) Peter A. Mazzeo (Mazzeo Law LLC) Daniel F. Polsenberg (Lewis Roca Rothgerber Christie LLP/Las Vegas) Abraham G. Smith (Lewis Roca Rothgerber Christie LLP/Las Vegas) Docket Entries Date Type Description Pending? Document 09/23/2016 Filing Fee Filing fee due for Appeal. 09/23/2016 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. 16-29717 09/23/2016 Notice/Outgoing Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. 16-29722 09/23/2016 Notice/Outgoing Issued Notice to File Case Appeal Statement/Civil. Due date: 10 days. 16-29724 10/04/2016 Filing Fee Filing Fee Paid. $250.00 from Lewis Roca Rothgerber Christie. Check No. 168082. 10/05/2016 Notice/Outgoing Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. Docketing Statement mailed to counsel for appellant - due: 20 days. 16-31032 10/07/2016 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Ara H. Shirinian. 16-31311 10/14/2016 Order/Procedural Filed Order. This court issued a notice directing appellant to file a case appeal statement. To date, appellant has failed to comply with this court's notice. Case Appeal Statement due: 10 days. 16-32087 10/14/2016 Notice of Appeal Documents Filed Case Appeal Statement. 16-32138 10/26/2016 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Docketing Statement due: November 8, 2016. 16-33481 10/31/2016 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for 11/1/16 at 10:00 am. 16-33891 11/15/2016 Order/Procedural Filed Order. Appellant has failed to comply with this court's October 26, 2016, order granting an extension of time to file the docketing statement. Docketing Statement due: 10 days. 16-35433 11/15/2016 Notice/Incoming Filed NRAP 44 Notice of Constitutional Issues. 16-35437 11/15/2016 Docketing Statement Filed Docketing Statement Civil Appeals. 16-35438 11/15/2016 Exhibit Filed Exhibit G to Docketing Statement Civil Appeals Part 1. 16-35442 11/15/2016 Exhibit Filed Exhibit G to Docketing Statement Civil Appeals Part 2. 16-35439 11/15/2016 Exhibit Filed Exhibit G to Docketing Statement Civil Appeals Part 3. 16-35440 11/15/2016 Exhibit Filed Exhibits H - K to Docketing Statement Civil Appeals. 16-35441 11/15/2016 Notice/Outgoing Issued Notice to Provide Proof of Service on Settlement Judge (Docketing Statement). 16-35450 11/15/2016 Order/Clerk's Filed Certification. The clerk of the Nevada Supreme Court certifies to the Honorable Adam Paul Laxalt, Attorney General of the State of Nevada, that on November 15, 2016, appellant filed with the Supreme Court a notice that this appeal draws into question the constitutionality of NRS 484C.110 and NRS 42.010. 16-35596 11/16/2016 Notice/Incoming Filed Certificate of Service (Docketing Statement served on Settlement Judge). 16-35750 11/23/2016 Settlement Program Report Filed Interim Settlement Program Report. The settlement conference is continued to the following date: 1/18/17 at 10:00 a.m. 16-36607 01/23/2017 Settlement Program Report Filed Interim Settlement Program Report. The settlement conference is continued to the following date: 3/1/17 at 10:00 am. 17-02457 03/03/2017 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 17-07355 03/13/2017 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 15 days transcript request; 90 days opening brief and appendix. 17-08294 03/28/2017 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 6/23/16. To Court Reporter: None provided. 17-10405 05/10/2017 Order/Procedural Filed Order to Show Cause. Appellant's Response due: 30 days. Respondent may file any reply within 11 days of service of appellant's response. Briefing is suspended. 17-15651 06/09/2017 Motion Filed Appellant's Motion for Extension to File Response to Order to Show Cause. 17-19193 06/13/2017 Order/Procedural Filed Order Granting Motion. Response to Order to Show Cause due: July 10, 2017. 17-19542 07/10/2017 Motion Filed Appellant's Motion for Extension to File Response to Order to Show Cause. 17-22831 07/14/2017 Order/Procedural Filed Order Granting Motion. Response to Order to Show Cause due: August 9, 2017. 17-23576 08/10/2017 Motion Filed Motion to Extend Time Motion for Extension to File Response to Order to Show Cause 17-26707 08/29/2017 Order/Procedural Filed Order Granting Motion. Response to Order to Show Cause due: September 8, 2017. 17-28887 09/06/2017 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. 17-29870 09/11/2017 Motion Filed Appellant's Response to Order to Show Cause. 17-30281 09/11/2017 Exhibit Filed Exhibit 1 to Response to Order to Show Cause. 17-30282 09/28/2017 Filing Fee Filing Fee due for Cross-Appeal. 09/28/2017 Notice of Appeal Documents Filed Notice of Cross-Appeal. 17-33037 09/28/2017 Notice/Outgoing Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (CROSS-APPEAL) 17-33039 10/04/2017 Filing Fee E-Payment $250.00 from D. Lee Roberts, Jr. (Cross-Appeal) 10/05/2017 Notice/Outgoing Issued Notice to File Docketing Statement and Request Transcripts. Due date: 10 days. (Respondent/Cross-Appellant) 17-33808 10/20/2017 Docketing Statement Filed Docketing Statement. 17-35939 10/20/2017 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: February 8, 9, 10, 11, 12, 16, 17, 18, 19, 22, 23, 24, 25, 26, 2016, and March 1, 2, 3, 4, 7, 8, 9, 10, 2016. To Court Reporter: Leah Armendariz and Kristy L. Clark. 17-35940 10/24/2017 Transcript Request Filed Amended Request for Transcript of Proceedings. Transcripts requested: February 8, 9, 10, 11, 12, 16, 17, 18, 19, 22, 23, 24, 25, 26, 2016, and March 1, 2, 3, 4, 7, 8, 9, 10, 2016. To Court Reporter: Leah Armendariz and Kristy L. Clark. 17-36480 02/08/2018 Order/Procedural Filed Order to Show Cause. Appellant/cross-respondent and respondent/cross-appellant shall each have 30 days from the date of this order within which to show cause why this appeal should not be dismissed and the cross-appeal dismissed in part for lack of jurisdiction. Briefing remains suspended. 18-05333 03/09/2018 Order/Clerk's Filed Order Granting Telephonic Extension. Respondent/Cross-Appellant's Response to Order to Show Cause due: March 26, 2018. 18-09328 03/26/2018 Motion Filed Respondent/Cross-Appellant's Response to Order to Show Cause. 18-11596 03/27/2018 Motion Filed Appellant/Cross-Respondent's Motion for Extension to File Response to Order to Show Cause. 18-11800 03/29/2018 Motion Filed Respondent/Cross-Appellant Emilia Garcia's Notice of Non-Opposition to Jared Awerbach's Motion for Extension to File Response to Order to Show Cause. 18-12160 04/02/2018 Order/Procedural Filed Order Granting Motion. The clerk shall file the response to order to show cause received on March 27, 2018. Respondent shall have 11 days from the date of this order to file and serve any reply. 18-12525 04/02/2018 Motion Filed Appellant/Cross-Respondent's Response to Order to Show Cause. 18-12529 07/30/2018 Order/Procedural Filed Order Dismissing Appeal, Dismissing Cross-Appeal in Part, and Reinstating Briefing. The clerk of this court shall modify the caption to reflect that Emilia is the appellant and Andrea is the respondent to this appeal. We hereby reinstate the briefing schedule as follows. Emilia shall have 60 days from the date of this order to file and serve her opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 18-29068 09/14/2018 Order/Clerk's Filed Order Granting Telephonic Extension. Appellant's Opening Brief and Appendix due: October 12, 2018. 18-35961 10/15/2018 Brief Filed Appellant's Opening Brief. 18-40304 10/15/2018 Appendix Filed Appellant's Appendix Volume I. 18-40368 10/15/2018 Appendix Filed Appellant's Appendix Volume II. 18-40369 10/15/2018 Appendix Filed Appellant's Appendix Volume III. 18-40370 10/15/2018 Appendix Filed Appellant's Appendix Volume IV. 18-40371 10/15/2018 Appendix Filed Appellant's Appendix Volume V. 18-40372 10/15/2018 Appendix Filed Appellant's Appendix Volume VI. 18-40373 10/15/2018 Appendix Filed Appellant's Appendix Volume VII. 18-40374 10/15/2018 Appendix Filed Appellant's Appendix Volume VIII. 18-40375 10/15/2018 Appendix Filed Appellant's Appendix Volume IX. 18-40376 10/15/2018 Appendix Filed Appellant's Appendix Volume X. 18-40377 10/15/2018 Appendix Filed Appellant's Appendix Volume XI. 18-40378 10/15/2018 Appendix Filed Appellant's Appendix Volume XII. 18-40379 10/15/2018 Appendix Filed Appellant's Appendix Volume XIII. 18-40380 10/15/2018 Appendix Filed Appellant's Appendix Volume XIV. 18-40381 10/15/2018 Appendix Filed Appellant's Appendix Volume XV. 18-40383 10/15/2018 Appendix Filed Appellant's Appendix Volume XVI. 18-40384 10/15/2018 Appendix Filed Appellant's Appendix Volume XVII. 18-40385 10/15/2018 Appendix Filed Appellant's Appendix Volume XVIII. 18-40386 10/15/2018 Appendix Filed Appellant's Appendix Volume XIX. 18-40387 10/15/2018 Appendix Filed Appellant's Appendix Volume XX. 18-40388 10/15/2018 Appendix Filed Appendix Appellant's Appendix Volume XXI 18-40476 10/15/2018 Appendix Filed Appendix Appellant's Appendix Volume XXII 18-40479 10/15/2018 Appendix Filed Appendix Appellant's Appendix Volume XXIII 18-40480 10/15/2018 Appendix Filed Appellant's Appendix Volume XXIV. 18-40389 10/15/2018 Appendix Filed Appellant's Appendix Volume XXV. 18-40390 10/15/2018 Appendix Filed Appellant's Appendix Volume XXVII. 18-40391 10/15/2018 Appendix Filed Appellant's Appendix Volume XXVI. 18-40392 11/15/2018 Motion Filed Stipulation for Extension to File Answering Brief and Appendix. (SC) 18-904308 11/19/2018 Notice/Incoming Filed Notice of Appearance of Counsel (Daniel Polsenberg, Joel Henriod and Abraham Smith as counsel for Respondent). (SC) 18-904683 11/19/2018 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Respondent's Answering Brief due: December 14, 2018. (SC) 18-904686 12/14/2018 Motion Filed Respondent's Motion for Extension of Time to File Answering Brief. (SC) 18-908854 12/27/2018 Order/Procedural Filed Order Granting Motion. Respondent's Answering Brief due: January 14, 2019. (SC) 18-910573 01/14/2019 Motion Filed Respondent's Motion for Extension of Time to File Answering Brief. (SC). 19-02064 01/31/2019 Order/Procedural Filed Order Granting Motion. Respondent's Answering Brief due: February 13, 2019. (SC) 19-04832 02/14/2019 Motion Filed Respondent's Motion for Extension of Time to File Answering Brief. (SC) 19-07047 03/04/2019 Order/Procedural Filed Order Granting Motion. The clerk shall file the answering brief and appendix received on February 26, 2019. (SC). 19-09585 03/04/2019 Brief Filed Respondent's Answering Brief. (SC). 19-09587 03/04/2019 Appendix Filed Respondent's Appendix Volume 1. (SC). 19-09588 03/04/2019 Appendix Filed Respondent's Appendix Volume 2. (SC). 19-09589 03/29/2019 Motion Filed Stipulation for Extension of Time to File Reply Brief and Appendix. (SC) 19-14039 04/01/2019 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Appellant's Reply Brief due: May 3, 2019. (SC) 19-14067 05/02/2019 Motion Filed Appellant's Motion for Extension of Time to File Reply Brief. (SC) 19-19479 05/09/2019 Order/Procedural Filed Order Granting Motion. Appellant's Reply Brief due: June 3, 2019. (SC). 19-20371 06/03/2019 Motion Filed Appellant's Second Motion for Extension of Time to File Reply Brief. (SC) 19-24063 06/05/2019 Brief Filed Appellant's Reply Brief. (SC) 19-24489 06/11/2019 Order/Procedural Filed Order Granting Motion. Appellant's motion for third extension of time to file reply brief is granted. The reply brief was filed on June 5, 2019. (SC). 19-25180 06/11/2019 Case Status Update Briefing Completed/To Screening. (SC). 11/19/2019 Order/Procedural Filed Order Scheduling Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter is scheduled for oral argument on December 12, 2019, at 11:30 a.m. in Las Vegas. Argument shall be limited to 30 minutes. (SC). 19-47367 11/27/2019 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 19-48503 12/06/2019 Motion Filed Appellant's Motion for Continuance of Oral Argument. (SC) 19-49629 12/09/2019 Notice/Incoming Filed Notice of Withdrawal of Motion. (SC). 19-49814 12/09/2019 Order/Procedural Filed Order Regarding Oral Argument. Appellant has filed a motion to withdraw her motion to continue oral argument in this matter. Cause appearing, the motion to withdraw is granted. Oral argument shall remain scheduled for December 12, 2019, at 11:30 a.m. in Las Vegas. (SC). 19-49859 12/12/2019 Case Status Update Oral argument held this day. Case submitted for decision. Before the Southern Nevada Panel. JH/LS/AS. (SC) 12/27/2019 Order/Procedural Filed Order Directing Supplemental Briefing. Appellant shall have 15 days from the date of this order within which to file and serve a supplemental brief. Respondent shall have 15 days from service of appellant's brief to file and serve its responding supplemental brief. No reply shall be filed. The supplemental briefs shall comply with the type-volume limitations set forth in NRAP 32(a)(7)(A). (SC) 19-52292 01/13/2020 Brief Filed Appellant's Supplemental Brief Addressing the Effect of Judge Allf's Sanction on Liability for Punitive Damages. (SC) 20-01633 01/23/2020 Notice/Incoming Filed Notice of Disassociation of Counsel. Marisa Rodriguez, Esq. of Weinberg Wheeler Hudgins Gunn & Dial disassociates as counsel of record for Emilia Garcia in this case. (SC) 20-03214 01/28/2020 Motion Filed Stipulation for Extension to File Supplemental Brief. (SC) 20-03862 02/06/2020 Order/Procedural Filed Order Approving Stipulation. Respondent's Supplemental Brief due: February 27, 2020. (SC). 20-05114 02/27/2020 Brief Filed Respondent's Supplemental Brief. (SC) 20-08055 05/21/2020 Opinion/Dispositional Filed Authored Opinion. "Vacated and remanded." Before: Hardesty/Stiglich/Silver. Author: Gibbons, J. Majority: Hardesty/Stiglich/Silver. 136 Nev. Adv. Opn. No. 27. SNP19-JH/LS/AS (SC) 20-19376 06/15/2020 Remittitur Issued Remittitur. (SC) 20-22155 06/15/2020 Case Status Update Remittitur Issued/Case Closed. (SC) 06/29/2020 Remittitur Filed Remittitur. Received by District Court Clerk on June 16, 2020. (SC) 20-22155 Combined Case View