Nevada
Appellate Courts
Appellate Case Management System
C-Track, the browser based CMS for Appellate Courts
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. AWERBACHCourt:Supreme Court
Related Case(s):68602, 69134
Lower Court Case(s):Clark Co. - Eighth Judicial District - A637772Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed
Replacement:Panel Assigned: Panel
To SP/Judge:10/07/2016 / Shirinian, AraSP Status:Completed
Oral Argument:12/12/2019 at 11:30 AMOral Argument Location:Las Vegas
Submission Date:12/12/2019How Submitted:

+ Party Information

+ Due Items

Docket Entries
DateTypeDescriptionPending?Document
09/23/2016Filing FeeFiling fee due for Appeal.
09/23/2016Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day.16-29717
09/23/2016Notice/OutgoingIssued 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
09/23/2016Notice/OutgoingIssued Notice to File Case Appeal Statement/Civil. Due date: 10 days.16-29724
10/04/2016Filing FeeFiling Fee Paid. $250.00 from Lewis Roca Rothgerber Christie. Check No. 168082.
10/05/2016Notice/OutgoingIssued 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
10/07/2016Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Ara H. Shirinian.16-31311
10/14/2016Order/ProceduralFiled 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
10/14/2016Notice of Appeal DocumentsFiled Case Appeal Statement.16-32138
10/26/2016Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Docketing Statement due: November 8, 2016.16-33481
10/31/2016Settlement Program ReportFiled 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
11/15/2016Order/ProceduralFiled 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
11/15/2016Notice/IncomingFiled NRAP 44 Notice of Constitutional Issues.16-35437
11/15/2016Docketing StatementFiled Docketing Statement Civil Appeals.16-35438
11/15/2016ExhibitFiled Exhibit G to Docketing Statement Civil Appeals Part 1.16-35442
11/15/2016ExhibitFiled Exhibit G to Docketing Statement Civil Appeals Part 2.16-35439
11/15/2016ExhibitFiled Exhibit G to Docketing Statement Civil Appeals Part 3.16-35440
11/15/2016ExhibitFiled Exhibits H - K to Docketing Statement Civil Appeals.16-35441
11/15/2016Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge (Docketing Statement).16-35450
11/15/2016Order/Clerk'sFiled 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
11/16/2016Notice/IncomingFiled Certificate of Service (Docketing Statement served on Settlement Judge).16-35750
11/23/2016Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: 1/18/17 at 10:00 a.m.16-36607
01/23/2017Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: 3/1/17 at 10:00 am.17-02457
03/03/2017Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter.17-07355
03/13/2017Settlement Order/ProceduralFiled 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
03/28/2017Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 6/23/16. To Court Reporter: None provided.17-10405
05/10/2017Order/ProceduralFiled 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
06/09/2017MotionFiled Appellant's Motion for Extension to File Response to Order to Show Cause.17-19193
06/13/2017Order/ProceduralFiled Order Granting Motion. Response to Order to Show Cause due: July 10, 2017.17-19542
07/10/2017MotionFiled Appellant's Motion for Extension to File Response to Order to Show Cause.17-22831
07/14/2017Order/ProceduralFiled Order Granting Motion. Response to Order to Show Cause due: August 9, 2017.17-23576
08/10/2017MotionFiled Motion to Extend Time Motion for Extension to File Response to Order to Show Cause17-26707
08/29/2017Order/ProceduralFiled Order Granting Motion. Response to Order to Show Cause due: September 8, 2017.17-28887
09/06/2017Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental.17-29870
09/11/2017MotionFiled Appellant's Response to Order to Show Cause.17-30281
09/11/2017ExhibitFiled Exhibit 1 to Response to Order to Show Cause.17-30282
09/28/2017Filing FeeFiling Fee due for Cross-Appeal.
09/28/2017Notice of Appeal DocumentsFiled Notice of Cross-Appeal.17-33037
09/28/2017Notice/OutgoingIssued 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
10/04/2017Filing FeeE-Payment $250.00 from D. Lee Roberts, Jr. (Cross-Appeal)
10/05/2017Notice/OutgoingIssued Notice to File Docketing Statement and Request Transcripts. Due date: 10 days. (Respondent/Cross-Appellant)17-33808
10/20/2017Docketing StatementFiled Docketing Statement.17-35939
10/20/2017Transcript RequestFiled 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
10/24/2017Transcript RequestFiled 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
02/08/2018Order/ProceduralFiled 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
03/09/2018Order/Clerk'sFiled Order Granting Telephonic Extension. Respondent/Cross-Appellant's Response to Order to Show Cause due: March 26, 2018.18-09328
03/26/2018MotionFiled Respondent/Cross-Appellant's Response to Order to Show Cause.18-11596
03/27/2018MotionFiled Appellant/Cross-Respondent's Motion for Extension to File Response to Order to Show Cause.18-11800
03/29/2018MotionFiled 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
04/02/2018Order/ProceduralFiled 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
04/02/2018MotionFiled Appellant/Cross-Respondent's Response to Order to Show Cause.18-12529
07/30/2018Order/ProceduralFiled 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
09/14/2018Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant's Opening Brief and Appendix due: October 12, 2018.18-35961
10/15/2018BriefFiled Appellant's Opening Brief.18-40304
10/15/2018AppendixFiled Appellant's Appendix Volume I.18-40368
10/15/2018AppendixFiled Appellant's Appendix Volume II.18-40369
10/15/2018AppendixFiled Appellant's Appendix Volume III.18-40370
10/15/2018AppendixFiled Appellant's Appendix Volume IV.18-40371
10/15/2018AppendixFiled Appellant's Appendix Volume V.18-40372
10/15/2018AppendixFiled Appellant's Appendix Volume VI.18-40373
10/15/2018AppendixFiled Appellant's Appendix Volume VII.18-40374
10/15/2018AppendixFiled Appellant's Appendix Volume VIII.18-40375
10/15/2018AppendixFiled Appellant's Appendix Volume IX.18-40376
10/15/2018AppendixFiled Appellant's Appendix Volume X.18-40377
10/15/2018AppendixFiled Appellant's Appendix Volume XI.18-40378
10/15/2018AppendixFiled Appellant's Appendix Volume XII.18-40379
10/15/2018AppendixFiled Appellant's Appendix Volume XIII.18-40380
10/15/2018AppendixFiled Appellant's Appendix Volume XIV.18-40381
10/15/2018AppendixFiled Appellant's Appendix Volume XV.18-40383
10/15/2018AppendixFiled Appellant's Appendix Volume XVI.18-40384
10/15/2018AppendixFiled Appellant's Appendix Volume XVII.18-40385
10/15/2018AppendixFiled Appellant's Appendix Volume XVIII.18-40386
10/15/2018AppendixFiled Appellant's Appendix Volume XIX.18-40387
10/15/2018AppendixFiled Appellant's Appendix Volume XX.18-40388
10/15/2018AppendixFiled Appendix Appellant's Appendix Volume XXI18-40476
10/15/2018AppendixFiled Appendix Appellant's Appendix Volume XXII18-40479
10/15/2018AppendixFiled Appendix Appellant's Appendix Volume XXIII18-40480
10/15/2018AppendixFiled Appellant's Appendix Volume XXIV.18-40389
10/15/2018AppendixFiled Appellant's Appendix Volume XXV.18-40390
10/15/2018AppendixFiled Appellant's Appendix Volume XXVII.18-40391
10/15/2018AppendixFiled Appellant's Appendix Volume XXVI.18-40392
11/15/2018MotionFiled Stipulation for Extension to File Answering Brief and Appendix. (SC)18-904308
11/19/2018Notice/IncomingFiled Notice of Appearance of Counsel (Daniel Polsenberg, Joel Henriod and Abraham Smith as counsel for Respondent). (SC)18-904683
11/19/2018Notice/OutgoingIssued Notice Motion/Stipulation Approved. Respondent's Answering Brief due: December 14, 2018. (SC)18-904686
12/14/2018MotionFiled Respondent's Motion for Extension of Time to File Answering Brief. (SC)18-908854
12/27/2018Order/ProceduralFiled Order Granting Motion. Respondent's Answering Brief due: January 14, 2019. (SC)18-910573
01/14/2019MotionFiled Respondent's Motion for Extension of Time to File Answering Brief. (SC).19-02064
01/31/2019Order/ProceduralFiled Order Granting Motion. Respondent's Answering Brief due: February 13, 2019. (SC)19-04832
02/14/2019MotionFiled Respondent's Motion for Extension of Time to File Answering Brief. (SC)19-07047
03/04/2019Order/ProceduralFiled Order Granting Motion. The clerk shall file the answering brief and appendix received on February 26, 2019. (SC).19-09585
03/04/2019BriefFiled Respondent's Answering Brief. (SC).19-09587
03/04/2019AppendixFiled Respondent's Appendix Volume 1. (SC).19-09588
03/04/2019AppendixFiled Respondent's Appendix Volume 2. (SC).19-09589
03/29/2019MotionFiled Stipulation for Extension of Time to File Reply Brief and Appendix. (SC)19-14039
04/01/2019Notice/OutgoingIssued Notice Motion/Stipulation Approved. Appellant's Reply Brief due: May 3, 2019. (SC)19-14067
05/02/2019MotionFiled Appellant's Motion for Extension of Time to File Reply Brief. (SC)19-19479
05/09/2019Order/ProceduralFiled Order Granting Motion. Appellant's Reply Brief due: June 3, 2019. (SC).19-20371
06/03/2019MotionFiled Appellant's Second Motion for Extension of Time to File Reply Brief. (SC)19-24063
06/05/2019BriefFiled Appellant's Reply Brief. (SC)19-24489
06/11/2019Order/ProceduralFiled 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
06/11/2019Case Status UpdateBriefing Completed/To Screening. (SC).
11/19/2019Order/ProceduralFiled 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
11/27/2019Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)19-48503
12/06/2019MotionFiled Appellant's Motion for Continuance of Oral Argument. (SC)19-49629
12/09/2019Notice/IncomingFiled Notice of Withdrawal of Motion. (SC).19-49814
12/09/2019Order/ProceduralFiled 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
12/12/2019Case Status UpdateOral argument held this day. Case submitted for decision. Before the Southern Nevada Panel. JH/LS/AS. (SC)
12/27/2019Order/ProceduralFiled 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
01/13/2020BriefFiled Appellant's Supplemental Brief Addressing the Effect of Judge Allf's Sanction on Liability for Punitive Damages. (SC)20-01633
01/23/2020Notice/IncomingFiled 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
01/28/2020MotionFiled Stipulation for Extension to File Supplemental Brief. (SC)20-03862
02/06/2020Order/ProceduralFiled Order Approving Stipulation. Respondent's Supplemental Brief due: February 27, 2020. (SC).20-05114
02/27/2020BriefFiled Respondent's Supplemental Brief. (SC)20-08055
05/21/2020Opinion/DispositionalFiled 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