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United States Court Cases

Nevada Supreme/Appellate Court Record

POSIN VS. DISTRICT COURT C/W 38416

Case Information: 38386
Short Caption:POSIN VS. DISTRICT COURT C/W 38416Court:Supreme Court
Consolidated:38386*, 38416 Related Case(s): 38416
Lower Court Case(s):Clark Co. - Eighth Judicial District - A405871Classification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:11/09/2001 / Richitt, E.SP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:05/12/2003How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/27/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Bible firm-check no. 25686.
08/27/2001Petition/WritFiled Petition for Writ of Mandamus or Prohibition. 01-14513
08/27/2001AppendixFiled Appendix. Appendix to Petition for Extraordinary Writ Relief. 01-14519
09/04/2001Order/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. 01-14850
10/09/2001MotionFiled Motion. Motion to Consolidate Appeal No. 38416 and Petition 38386 or in the Alternative, Motion to Dismiss Petition 38386 and Motion to Stay Proceedings in Petition 38386. Nos. 38386/38416. 01-16966
10/15/2001MotionFiled Response to Motion. Petitioner's Opposition to Christensen's Alternative Motions to Consolidate Appeal No 38416 and Petition 38386 or to Dismiss or Stay Petition No. 38386, and Petitioner's Counter Motion to Stay Appeal No. 38416. Nos. 38386/38416. 01-17396
11/07/2001Order/ProceduralFiled Order Granting Motion. to Consolidate filed October 9, 2001. We consolidate Docket Nos. 38386 and 38416. The clerk of this court shall assign the writ petition to the settlement judge for consideration with the appeal. fn1[We suspend the time for filing an answer, established by our September 4, 2001 order, pending further order of this court.] We deny Christensen's alternative motion to dismiss the writ petition. Petitioner, who is not a party to his client's case may seek review of the district court's fee determination only through a writ petition. We also deny Posin's motion to stay the appeal. Nos. 38386/38416. (01-18603) 01-18603
11/09/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: E. Paul Ritchitt, Jr. (Briefing and preparation of transcripts suspended pending further order of this court.)
01/02/2002Notice/IncomingFiled Notice of Change of Address. Erica D. Madill. 02-00044
03/25/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement in case no. 38386. The settlement conference is continued in case no. 38416 to the following date: April 5, 2002. Nos. 38386/38416. (02-05263) 02-05263
04/10/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement in no. 38416. The settlement report was already returned in no. 38386. Nos. 38386/38416 02-06400
04/26/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. Reinstating Briefing and Time for Filing Answer. The parties were unable to agree to a settlement of these consolidated matters. In Docket No. 38386, the real party in interest, on behalf of respondents, shall have 30 days from the date of this order to file an answer, including authorities against issuance of the requested writ. Appellant in Docket No. 38416: 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. 38386/38416. (02-07405) 02-07405
05/16/2002MotionFiled Motion to Consolidate. Motion to Consolidate Briefing Schedules. Nos. 38386/38416. (02-08668) 02-08668
05/30/2002MotionFiled Motion to Extend Time. Motion for Extension of Time in Docket No. 38386 to File It's Answering Brief (Answer to Writ of Mandamus or Prohibition) Nos. 38386/38416. 02-09449
06/28/2002MotionFiled Motion to Extend Time. Second Motion for Extension to file Answer in No. 38386, Pending Motion to Consolidate Briefing Schedules. Nos. 38386/38416. (02-11206) 02-11206
07/09/2002MotionFiled Stipulation. Stipulation to Consolidate Briefing Schedules. Nos. 38386/38416. 02-11649
07/10/2002Transcript RequestFiled Certificate of No Transcript Request. Certificate that No New Transcripts are Required and Notice of Compliance with NRAP 9(A). Nos. 38386/38416. (02-11750) 02-11750
07/10/2002Order/ProceduralFiled Order Denying Motion. Order Denying Motion to Consolidate Briefing Schedules. On May 16, 2002, Christensen filed a motion in these consolidated matters requesting this court to consolidate the briefing schedules. We note that the parties to the writ petition in Docket No. 38386 and the appeal in Docket No. 38416 are not identical. Accordingly, we deny Christensen's motion to consolidate the briefing schedules. On May 30, 2002, Christensen filed a motion for an extension of time until June 27, 2002, to file its answer to the writ petition in Docket No. 38386. We deny the motion as moot. On June 28, 2002, Christensen filed another motion for an extension of time to file its answer to the writ petition in Docket No. 38386. Cause appearing, the motion is granted. Real party in interest Christensen shall file and serve the answer to the writ petition by July 29, 2002. Nos. 38386/38416 02-11792
07/24/2002MotionFiled Motion. Motion for Reconsideration of Order Denying Motion to Consolidate Briefing Schedules. Nos. 38386/38416 02-12677
07/26/2002BriefFiled Opening Brief. Filed in 38416 only. Mailed on: Fed Ex 07/25/02. Nos. 38386/38416 (02-12856).
07/26/2002AppendixFiled Appendix to Opening Brief. Filed in 38416 only. Vols. 1 through 3. Nos. 38386/38416 (02-12857).
07/29/2002MotionFiled Response to Motion. Posin's Response to Motion for Reconsideration of Order Denying Motion to Consolidate Briefing Schedule. Nos. 38386/38416 02-12969
07/31/2002MotionFiled Stipulation. Stipulation to Dismiss Respondents Desert Cab, Inc., d/b/a Desert Cab and Idika Nsofar from Appeal No. 38416. Nos. 38386/38416 02-13163
07/31/2002MotionFiled Motion to Extend Time. Real Party in Interest's Third Request for Extension of Time to File Answer to Petition. Nos. 38386/38416 02-13164
08/01/2002MotionFiled Stipulation. Stipulation in Support of Real Party in Interest's Third Request for Extension of Time to File Answer to Petition. Nos. 38386/38416 02-13227
08/08/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: August 16, 2001. To Court Reporter: Kris Cornelius. Nos. 38386/38416. (02-13561) 02-13561
08/23/2002Order/ProceduralFiled Order. Order Partially Dismissing Appeal in Docket No. 38416 and Granting Motion. We approve the stipulation filed on July 31, 2002. The appeal in Docket No. 38416 is dismissed as to respondents Desert Cab, Inc., d/b/a Desert Cab Company and Idika Nsofar only. The clerk shall remove Desert Cab, Inc., d/b/a Desert Cab Company and Idika Nsofar as respondents in Docket No. 38416. We grant Christensen's motion for reconsideration filed July 24, 2002, and direct the clerk of this court to consolidate the briefing schedules of these matters. On July 31, 2002, Christensen filed a motion for an extension of time to file its answer to the petition in Docket No. 38386. We grant the motion. Christensen shall have 30 days from the date of this order to file a combined answer to the writ petition and answering brief. fn2[We note that on August 1, 2002, the parties in Docket No. 38386 filed a stipulation for an extension of time for Christensen to file its answer to the writ petition. Because we grant Christensen's July 31, 2002, motion, we disapprove the stipulation as moot.] Appellant Kimberly Rhude may file a reply brief within 30 days of service of Christensen's combined brief, if deemed necessary. Nos. 38386/38416. (02-14503) 02-14503
08/23/2002TranscriptFiled Transcript. Proceedings: 8/16/01. Court Reporter: Kris Cornelius. (filed in 38416.) Nos. 38386/38416
09/24/2002MotionFiled Motion to Extend Time. Real Party in Interest, Christensen Law Offices' Request for Extension of Time in which to Complete Respondent's Appendix and file its Combined Answer to Writ Petition and Answering Brief. Nos. 38386/38416. (02-16518) 02-16518
09/26/2002MotionFiled Response to Motion. Joint Opposition of Appellant Kimberly Rhude and Petitioner Eric Posin to Christensen's Fourth Motion for Extension of Time. Nos. 38386/38416. (02-16675) 02-16675
09/30/2002Order/ProceduralFiled Order Granting Motion. filed September 24, 2002. fn1[We note that Christensen did not request the court to strike the "documents that are not a proper part of the record on appeal" contained in appellant's appendix. This court will disregard any document that is not properly included in the appellate record.] Christensen shall have until October 3, 2002, to file and serve the combined answer to the writ petition and answering brief. Nos. 38386/38416. 02-16860
10/07/2002MotionFiled Motion and Order/Excess Pages. Granted: 41 pages. (Combined answer to the writ petition and answering brief.) Nos. 38386/38416 02-17300
10/07/2002Petition/WritFiled Answer to Petition for Writ. Christensen's Answer to Petition and Answering Brief. Nos. 38386/38416 02-17302
10/07/2002AppendixFiled Appendix. Real Party in Interest's Appendix, Vols. 1 and 2. Nos. 38386/38416 02-17307
11/07/2002MotionFiled Reply to Response. Joint Reply of Appellant Kimberly Rhude and Petition Eric Posin to Real Party in Interest Christensen's Answer to Petition and Answering Brief. Nos. 38386/38416. 02-19270
05/12/2003Order/ProceduralFiled Order. Cause appearing, oral argument will not be scheduled and these matters shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the papers filed herein. Nos. 38386/38416. 03-08011
05/12/2003Case Status Update Submitted for Decision. To the Southern Nevada Panel. (SNP03-MS/ML/NB). Nos. 38386/38416.
07/16/2003Order/DispositionalFiled Order Granting Petition. Order Granting Petition for Writ of Mandamus (Docket No. 38386) and Order Dismissing Appeal (Docket No. 38416). "We grant the petition." We direct the clerk of this court to issue a writ of mandamus instructing the district court to vacate its order adjudicating an attorney lien and issue an order awarding Christensen $283,333.33 in attorney fees and $2,746.62 in costs plus interest at a rate of twelve percent per annum. SNP03-MS/ML/NB. Nos. 38386/38416. 03-11984
07/16/2003WritIssued Writ. Original and one copy of writ and copy of order mailed to Erica D. Entsminger for service upon Judge Nancy M. Saitta. 03-12005
08/01/2003WritFiled Writ. Served on Judge Saitta on July 22, 2003. 03-12005
08/04/2003MotionFiled Motion to Extend Time. Nos. 38386/38416. 03-13064
08/07/2003Order/ProceduralFiled Order. Extending Time to File Petition for Rehearing. Christensen Law Offices shall have until August 15, 2003, to file and serve its petition for rehearing. Nos. 38386/38416. (03-13253) 03-13253
08/20/2003Filing Fee Filing Fee due.
08/20/2003Post-Judgment PetitionFiled Petition for Rehearing. Petition for Rehearing of Panel Decision. Nos. 38386/38416 03-14053
09/15/2003Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. (Rehearing fee) Due Date: 10 days
09/22/2003Filing FeeReceived Filing Fee Paid on Filing. $150 from Beckley Singleton - check no. 099146. Nos. 38386/38416.
10/21/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP03-MS/ML/NB. Nos. 38386/38416. 03-17500
10/30/2003MotionFiled Motion to Extend Time. (to file petition for en banc reconsideration). Nos. 38386/38416 03-18099
11/04/2003Order/ProceduralFiled Order Granting Motion. filed on October 30, 2003. Real party in interest/respondent Christensen Law Offices shall have until November 19, 2003, to file and serve its petition for en banc reconsideration in these consolidated appeals. Nos. 38386/38416. (03-18348) 03-18348
11/18/2003RemittiturIssued Notice in Lieu of Remittitur. 03-17572
11/18/2003Case Status Update Remittitur Issued/Case Closed.
11/21/2003Filing Fee Returned Filing Fee. Check No. 100386returned to Beckley Singleton in the amount of $150.00. No filing fee is required for an En Banc Rehearing.
11/21/2003Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on: November 19, 2003. Nos. 38386/38416. 03-19461
01/02/2004Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." Agosti, C.J., Shearing, Rose, Leavitt, Becker, JJ. Maupin, J., with whom Gibbons, J., agrees, dissenting. EN BANC. Nos. 38386/38416. 04-00058