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United States Court Cases

Nevada Supreme/Appellate Court Record

PIERSON VS. SCHWARTZ

Case Information: 40825
Short Caption:PIERSON VS. SCHWARTZCourt:Supreme Court
Related Case(s): 35350 , 39369
Lower Court Case(s):Clark Co. - Eighth Judicial District - A370627Classification:Civil Appeal - General - Other
Disqualifications:BeckerCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/31/2003 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:11/14/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/28/2003OtherDisqualification of Justice Becker. Sat in district court proceedings.
01/28/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Emerson & Manke, LLP--check no. 11733.
01/28/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 03-01503
01/31/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt.. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/07/2003Settlement Program ReportFiled Interim Settlement Program Report. Settlement Judge recommends that this appeal be removed from the Settlement Conference program. 03-02257
02/14/2003Docketing StatementFiled Docketing Statement. 03-02582
02/21/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. Pursuant to the written request of the settlement judge, this appeal is removed from the settlement conference program. We reinstate the time deadlines for requesting transcripts and filing briefs. 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). 03-02949
02/27/2003Notice/IncomingFiled Proof of Service. to Docketing Statement filed on 02/14/03. 03-03303
03/10/2003Transcript RequestFiled Certificate of No Transcript Request. 03-03984
06/23/2003BriefFiled Opening Brief. 03-10462
06/23/2003AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 03-10473
07/23/2003BriefFiled Answering Brief. 03-12444
09/08/2003Case Status Update Briefing Completed. No reply brief filed.
11/14/2003Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled in this appeal, and it shall stand submitted on the record and briefs filed herein, as of this order's date. fn1[NRAP 34(f)(1).] 03-18988
11/14/2003Case Status Update Submitted for Decision.
12/04/2003Order/DispositionalFiled Order of Affirmance. "The district court's attorney fees order is affirmed, and we sanction Pierson's counsel $500.00 to help defray Schwartz's legal expenses." Pierson's counsel shall pay Schwartz $500.00 and provide the clerk of this court with proof of the sanctions' payment within 30 days from the date of this order. We caution Pierson's counsel that failure to comply with this order in a timely manner may result in the imposition of additional sanctions. SNP04-DA/RR/WM 03-20140
12/30/2003RemittiturIssued Remittitur. 03-20259
12/30/2003Case Status Update Remittitur Issued/Case Closed.
01/21/2004RemittiturFiled Remittitur. Received by County Clerk on January 6, 2004. 03-20259
03/31/2004Order/ProceduralFiled Order/Show Cause. We direct Phillip R. Emerson to pay respondent Adam Schwartz $500 and provide the clerk of this court with proof of the sanction's payment within ten days from the date of this order. We further order Emerson to show cause within 10 days of this order's date why he should not face additional sanctions for failing to comply with our December 4, 2003 order. 04-06007
05/26/2004Order/CounselFiled Order/Sanctions. To date, Mr. Emerson has not provided proof of the sanction's payment, nor has he responded to this court in any way. Accordingly, we conclude that further sanctions are warranted, and we sanction Mr. Emerson the sum of $500.00 payable to the Supreme Court Law Library. Mr. Emerson shall have 15 days from the date of this order to personally pay Mr. Schwartz the $500.00 in sanctions that were originally imposed on him, and an additional $500.00 to the Supreme Court Law Library. Within the same time period, Mr. Emerson shall file with this court proof of payment of both sanctions. We caution Mr. Emerson that failure to comply with this order may result in the imposition of additional sanctions, including, but not limited to, referral to the State Bar of Nevada for investigation. 04-09669
07/14/2004Order/ProceduralFiled Order. Referring Matter to the Nevada State Bar for Investigation. To date, Mr. Emerson has not provided proof of the sanctions' payment, nor has he responded to this court in any way. Accordingly, we refer this matter to the State Bar of Nevada for investigation and the imposition of appropriate discipline based on Mr. Emerson's conduct in this matter. 04-12797
07/26/2004Letter/IncomingFiled Letter. from attorney Phillip R. Emerson stating that he has previously paid all required sanctions and attaching proof of payment of sanctions. 04-13550
09/30/2004Order/ProceduralFiled Order. Mr. Emerson requests that this court accept his proof of the original sanction's payment as the final resolution of this matter. This court has expended a disproportionate amount of time and resources attempting to secure Mr. Emerson's compliance with our original sanction order. Although Mr. Emerson timely paid the original sanction, he did not fully comply with our December 4, 2003 order. His failure to inform this court of his payment of the sanction has caused this court to enter three additional orders to date. Further, assuming that Mr. Emerson mailed proof of the sanction's payment in response to this court's March 31, 2004 order to show cause, he still failed to inform this court of that fact upon receipt of our May 26, 2004 order imposing additional sanctions. Although Mr. Emerson states that he never received our May 26, 2004 order, the clerk of this court sent the order by certified mail to Mr. Emerson's office. An individual at Emerson's office received and signed for the order on May 28, 2004. Even if Mr. Emerson never personally viewed our May 26, 2004 order, his office received the order, and Mr. Emerson is responsible for complying with the order's mandates. Accordingly, we deny Mr. Emerson's request to treat his proof of payment of the original sanction as a final resolution of this matter. We direct Mr. Emerson to comply with that part of our May 26, 2004 order imposing an additional sanction of $500.00, payable to the Supreme Court Law Library. Mr. Emerson shall have fifteen days from the date of this order to pay $500.00 to the Supreme Court Law Library. Within the same time period, Mr. Emerson shall file with this court proof of the sanction's payment. We caution Mr. Emerson that failure to comply with this order may result in the imposition of additional sanctions. 04-18101
10/06/2004Notice/IncomingFiled Proof of Payment of Sanction. Sanction paid to the Supreme Court Law Library in the amount of $500.00 - check no. 14909 from Phillip R. Emerson. 04-18546
12/17/2004Notice/IncomingFiled Notice. Investigative Report from State Bar of Nevada re attorney Phillip Emerson. NOTE: This original document was placed in attorney Emerson's bar file. No copy was placed in the correspondence file for this case.