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United States Court Cases

Nevada Supreme/Appellate Court Record

EISENBERG VS. MONA C/W 38520

Case Information: 38861
Short Caption:EISENBERG VS. MONA C/W 38520Court:Supreme Court
Consolidated: 38520 *, 38861Related Case(s): 38520 , 50635
Lower Court Case(s):Clark Co. - Eighth Judicial District - A435155Classification:Civil Appeal - General - Other
Disqualifications:DouglasCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:12/07/2001 / 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
11/30/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Hunterton & Associates--check no. 16345.
11/30/2001Notice 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.) 01-20129
12/07/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Terry V. Leavitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/17/2001Docketing StatementFiled Docketing Statement. 01-21196
12/19/2001Notice/Outgoing Letter. Terry V. Leavitt.
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)
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. Nos. 38520/38861 (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 (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)
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)
08/26/2003Order/ProceduralFiled Order/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)
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 Anwering Brief. Nos. 38861/38520. 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 of Affirmance. 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. 05-05921
03/28/2005WritIssued Writ. (No. 38520 only) Nos. 38520/38861.
04/08/2005WritFiled Writ. (No. 38520 only) Nos. 38520/38861.
04/22/2005RemittiturIssued Remittitur. 05-06152
04/22/2005Case Status Update Remittitur Issued/Case Closed.
05/05/2005RemittiturFiled Remittitur. Received by County Clerk on April 25, 2005. 05-06152