71348: Case View

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Combined 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

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