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United States Court Cases

Nevada Supreme/Appellate Court Record

MONA VS. DISTRICT COURT (EISENBERG) C/W 38861

Case Information: 38520
Short Caption:MONA VS. DISTRICT COURT (EISENBERG) C/W 38861Court:Supreme Court
Consolidated:38520*, 38861 Related Case(s): 38861 , 50635
Lower Court Case(s):Clark Co. - Eighth Judicial District - A435155Classification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:DouglasCase Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:02/12/2002 / Leavitt, TerrySP Status:Completed
Oral Argument:02/15/2005 at 9:00 AMOral Argument Location:Carson City
Submission Date:02/15/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/25/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Albert D. Massi, Ltd.--check no. 29756.
09/25/2001Petition/WritFiled Petition for Writ of Mandamus or Prohibition. 01-16141
11/30/2001Order/ProceduralFiled Order/Answer Writ Petition. The real party in interest, on behalf of respondents, shall have 30 days from the date of this order within which to file an answer, including authorities, against issuance of the requested writ. 01-20055
01/02/2002Petition/WritFiled Answer to Petition for Writ. Answer to Petition for Issuance of Writ of Mandamus, or, in the Alternative, Writ of Prohibition. 02-00034
01/04/2002Petition/WritFiled Affidavit in Support of Petition for Writ. Original affidavit. (Attachment to original answer was a faxed copy.) 02-00270
02/12/2002Order/ProceduralFiled Order/Consolidation. We consolidate the above-entitled matters (Nos. 38520 and 38861) for all appellate purposes. On December 7, 2001, a notice of assignment to the settlement conference program was issued in docket No. 38861, and the matter was assigned to Settlement Judge Terry V. Leavitt. In light of this order consolidating these matters, Docket No. 38520 is hereby assigned to Settlement Judge Leavitt, and a joint settlement conference shall be conducted in these consolidated matters. We defer ruling on the writ petition in Docket No. 38520, pending completion of the settlement conference proceedings. Nos. 38520/38861. (02-02735) 02-02735
02/12/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Terry V. Leavitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/12/2002Notice/IncomingFiled Notice. Notice of Removal. Nos. 38520/38861. 02-06559
04/16/2002Notice/Outgoing Letter. Terry V. Leavitt. (Notice of Removal) Nos. 38520/38861.
09/03/2002Order/ProceduralFiled Order. On April 12, 2002, attorney Terry John Care, counsel for real party in interest and appellant Joseph Eisenberg in these consolidated matters, filed a "Notice of Removal." It is not clear what, if any, relief is sought from the filing of that notice. Mr. Cars shall have 20 days from the date of this order to file a response, including points and authorities, informing this court of the legal effect of the removal on these consolidated matters before this court. Petitioner in Docket No. 38520 and respondent in docket No. 38861 may file a reply to that response within 10 days of service of the response. Nos. 38520/38861. 02-15198
09/18/2002MotionFiled Response to Order to Show Cause. Response of Counsel for Real Party in Interest/Appellant Joseph Eisenberg, Esq., to Court's Order of September 3, 2002. Nos. 38520/38861. 02-16257
09/30/2002MotionFiled Response to Order to Show Cause. Response of Mona to Court's Order of September 3, 2002. Nos. 38520/38861. 02-16828
11/07/2002MotionFiled Motion. Motion to Consider Response of Mona to Court's Order of September 3, 2002 and Federal court Order. 02-19203
11/12/2002Notice/IncomingFiled Errata. Errata to Motion to Consider Response of Mona to Court's Order of September 3, 2002 and Federal Court Order. Nos. 38520/38861. 02-19424
11/18/2002MotionFiled Response to Motion. Real Party in Interest/Appellant Joseph Eisenberg's Response to Motion to Consider Response of Mona to Court's Order of September 3, 2002. Nos. 38520/38861. 02-19818
03/18/2003Order/ProceduralFiled Order. Based upon the responses to our September 3, 2002, order, as well as the related motions and replies, it appears that these consolidated matters may proceed before this court. The settlement judge to whom this matter was previously assigned shall recommence settlement proceedings. Nos. 38520/38862. (03-04549) 03-04549
06/30/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 38520/38861. (03-10942) 03-10942
08/26/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. On February 12, 2002, we entered an order consolidating these appeals for all appellate purposes. On June 30, 2003, the settlement judge filed a report with this court indicating that the parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs for the appeal in Docket No. 38861. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 38520/38861. (03-14328) 03-14328
09/10/2003Transcript RequestFiled Certificate of No Transcript Request. Nos. 38520/38861. 03-15168
12/24/2003BriefFiled Opening Brief. in 38861. Nos. 38520/38861 (03-21442).
12/24/2003AppendixFiled Joint Appendix. Vols. 1 and 2. Nos. 38520/38861 (03-21443).
01/12/2004MotionFiled Motion and Order Extending Time. Brief due: February 26, 2004. Nos. 38520/38861. 04-00740
02/26/2004BriefFiled Answering Brief. in 38861. Nos. 38520/38861 (04-03664).
02/26/2004AppendixFiled Appendix to Answering Brief. Nos. 38520/38861 (04-03665).
03/01/2004BriefFiled Answering Brief. Original Copy of Answering Brief. Nos. 38520/38861 (04-03664).
03/31/2004BriefFiled Reply Brief. in 38861. Nos. 38520/38861 (04-05965).
04/19/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
12/20/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 15, 2005, at 9:00 a.m. (En Banc) (Nos. 38520/38861)
01/31/2005Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 38520/38861)
02/15/2005Case Status Update Submitted for Decision. Before the En Banc Court. Nos. 38520/38861.
03/28/2005Order/DispositionalFiled Order Granting Petition. Order Affirming (38861) and Granting Petition in Part (38520). These cases have been consolidated. fn2[The Honorable Michael Douglas, Justice, did not participate in the decision of this matter.] We affirm the district court's order denying Eisenberg's motion to compel Rhonda to arbitrate here legal malpractice claims. "We direct the clerk of this court to issue a writ of mandamus compelling the district court to conduct an evidentiary hearing to determine whether Michael (1) possessed the necessary sophistication to enter into the arbitration agreement; and (2) knowingly, voluntarily, and intentionally waived his right to a jury trial." EN BANC-Rose, Gibbons, Hardesty and Parraguirre, JJ. Maupin J., with whom Becker, C.J., agrees, concurring. Nos. 38520/38861. 05-05919
03/28/2005WritIssued Writ. Original and one copy of writ and copy of order mailed to Albert D. Massi for service upon the Judge of the Eighth Judicial District Court Dept. 11. 05-05984
04/08/2005WritFiled Writ. Served on Judge of the Eighth Judicial District Court Dept. 11 on April 5, 2005. 05-05984
04/22/2005RemittiturIssued Notice in Lieu of Remittitur. 05-06150
04/22/2005Case Status Update Remittitur Issued/Case Closed.