General Docket

United States Court of Appeals for the Ninth Circuit

Court of Appeals Docket #: 08-80074 Docketed: 05/27/2008
Termed: 07/28/2009 In Re: Mirch
Appeal From: U.S. District Court for Nevada, Las Vegas
Fee Status: Not Applicable
Case Type Information:
1) miscellaneous original proceed
2) other
3) null
Originating Court Information:
District: 0978-2 :
Prior Cases:
None
Current Cases:
None
KEVIN J. MIRCH, Admitted to the bar of the Ninth Circuit: February
16, 1988
In Re,
Kevin J. Mirch
Direct: 775/324-7444
[NTC Please Select]
MIRCH LAW FIRM
Suite 201
701 B Street
San Diego, NV 89501
Marie Claire Mirch, Esquire, Attorney
Direct: 619-501-6329
[COR NTC Retained]
Mirch Law Firm
Suite 320
Firm: 619-501-6220
701 B Street
San Diego, CA 92101
In Re:
KEVIN JOHN MIRCH, Esq.,
Admitted to the bar of the Ninth Circuit:
February 16, 1988,
Respondent
04/25/2008 1 Received letter dated 04/25/2008 from Marie C. Mirch, Esq., re: disbarment of Kevin John Mirch, Esq., by
the State Bar of Nevada. (DL)
06/09/2008
2

1 pg, 30.81 KB
Filed clerk order (Deputy Clerk:dl): The court is informed that on 04/01/2008, the Supreme Court of the
State of Nevada disbarred respondent Kevin John Mirch, Esq., from the practice of law. Within 28 days
after the date of this order, responded Mirch shall resign from the bar of this court or shall show cause in
writing why respondent should not be suspended or disbarred from the bar of this court. In re Rosenthal,
854 F.2d 1187 (9th Cir. 1988). Upon consideration of the response to this order and after a hearing, if
requested, the court will determine whether to order respondent suspended or disbarred. See Fed. R.
App. P, 46(c); 9th Cir. R. 46-2. This order shall be provided to respondent via certified mail (7007 0220
0001 6764 6626) at 320 Flint St., Reno, NV. Failure to respond to this order in a timely fashion will result
in disbarment of respondent without further notice. (DL)
06/16/2008 3 Return receipt received. Certificate number: 7007 0220 0001 6764 6626. Delivery date: 06/13/2008. (RC)
07/08/2008 4 Received Kevin J. Mirch's response to order to show cause, request for hearing, motion for enlargement
time and to exceed page length. Served on 07/07/2008. (EL)
09/09/2008
5

3 pg, 33.85 KB
Filed order (Appellate Commissioner) Respondent Kevin John Mirch, Esq., has requested a hearing in
response to the courts June 9, 2008 order to show cause why he should not be suspended or disbarred
from the practice of law before this court based on the April 10, 2008 disbarment order of the Supreme
Court of the State of Nevada. See 9th Cir. R. 46-2. The court referred the matter to the Appellate
Commissioner to conduct a hearing and to submit a report and recommendation to the court.
Accordingly, respondent Marshall and his counsel, if he elects to be represented, shall appear before the
Appellate Commissioner on October 7, 2008 at 2 p.m., in Courtroom Two of the United States Court of
Appeals for the Ninth Circuit at 95 Seventh Street, San Francisco, California. The hearing will address
whether Mirch can satisfy his burden of showing that reciprocal discipline is improper because an
independent review of the record reveals: (1) a deprivation of due process; (2) insufficient proof of
misconduct; or (3) grave injustice which would result from the imposition of such discipline. In re Kramer,
282 F.3d 721, 724 (9th Cir. 2001). Respondent Mirchs motion to file an oversized brief out of time is
granted to the extent that the motion refers to the response to the courts order to show cause lodged
with the court on July 8, 2008. The Clerk shall file the response received on that date. Respondent Mirch
may submit an additional pre-hearing memorandum that applies the analysis set forth in Kramer no later
than September 26, 2008. By that same date, Mirch shall also file, in a separate single submission: (1) a
written statement identifying all other federal court, state, and agency bars to which he is admitted and
his current standing before those courts or bars; (2) any additional documentary evidence, including
affidavits or declarations of witnesses, that he wishes to submit; and (3) the names and addresses of any
witnesses he intends to present at the hearing and the nature of their testimony. The Clerk shall forward
respondent Mirchs submission to the Office of the Appellate Commissioner. The Clerk shall serve this
order on respondent Mirch by certified mail, (7008 0500 0001 6659 2407) return receipt requested.
(Appellate Commissioner) (DL)
09/18/2008
6

1 pg, 26.35 KB
Filed order (Appellate Commissioner) Respondent Kevin John Mirch, Esq., has requested a
postponement of the hearing scheduled for October 7, 2008. The request is granted. On October 14, 2008
at 2:00 p.m. in Courtroom Two of the United States Court of Appeals for the Ninth Circuit, 95 Seventh
Street, San Francisco, California 94103, respondent Mirch shall appear before the Appellate
Commissioner to show cause why he should not be suspended or disbarred from the practice of law
based on the April 10, 2008 disbarment order of the Nevada Supreme Court. See 9th Cir. R. 46-2. The
Clerk shall serve this order on Mirch by certified mail, (7008 0500 0001 6659 2445) return receipt
requested.. (Appellate Commissioner) (DL)
09/25/2008
7

2 pg, 1.06 MB
Filed respondent's Urgent Motion for 7-day enlargement of time to file pre-hearing memorandum. (DL)
09/25/2008
8

1 pg, 23.59 KB
Filed clerk order (Deputy Clerk:ES ): Respondents motion for an extension of time to file the pre-hearing
memorandum is granted. Respondents memeorandum is now due on October 3, 2008. (DL)
10/03/2008
9

1 pg, 37.97 KB
Filed (ECF) notice of appearance of Marie Claire Mirch for In Re Kevin J. Mirch. Date of service:
10/03/2008. [6665885] (MCM)
10/03/2008
10

56 pg, 371.47 KB
Filed (ECF) notice of appearance of Marie Claire Mirch for In Re Kevin J. Mirch. Date of service:
10/03/2008. [6665886] (MCM)
10/06/2008 11 Added attorney Marie Claire Mirch for Kevin J. Mirch. (RL)
10/06/2008
12

1 pg, 26.48 KB
Electronically-filed document [10] Notice of Appearance (ECF Filing) is stricken because there is an error
in the document. See Order for details. (RL)
10/06/2008
13
Filed (ECF) In Re Kevin J. Mirch response to order to show cause dated 09/09/2008. Date of service:
53 pg, 302.49 KB 10/03/2008. [6666383] (MCM)
10/06/2008 14 Received In Re Kevin J. Mirch appendices in support of response to order dated September 9,2008. (RL)
10/07/2008 15 Deleted Incorrect Docket Entry (RL)
10/07/2008
16

2 pg, 27.3 KB
Filed (ECF) In Re Kevin J. Mirch response to order to show cause dated 09/09/2008. Date of service:
10/03/2008. [6668536] (MCM)
10/15/2008 17 Return receipt received. Certificate number: 7008 0500 0001 6659 2445. Delivery date: 09/29/2008. (RL)
11/11/2008
18

2 pg, 28.53 KB
Filed (ECF) In Re Kevin J. Mirch Motion to extend time to comply with the order dated 10/14/2008. Date
of service: 11/11/2008. [6703712] (MCM)
11/13/2008 19 Telephonically granted an extension of seven (7) days in which to file post hearing brief until 11/20/08 by
Appellate Commissioner. (DL)
11/20/2008
20

69 pg, 4.99 MB
Filed (ECF) In Re Kevin J. Mirch response to order to show cause dated 09/09/2008. Date of service:
11/20/2008. [6714572] (MCM)
11/25/2008 21 Received In Re Kevin J. Mirch supplemental appendices. Dated on 11/13/2008 (RL)
04/03/2009
22

1 pg, 25.94 KB
Filed order (Appellate Commissioner) The Clerk shall serve on respondent Kevin John Mirch, Esq., by
certified mail, (7008 3230 0000 4547 2467) return receipt requested, a copy of the Report and
Recommendation filed contemporaneously with this order. Within 21 days after this order is filed,
respondent Mirch may file objections to the Report and Recommendation. See 9th Cir. R. 46-2(f). The
Clerk shall forward respondents objections, if any, to the Appellate Commissioner. (Appellate
Commissioner) (DL)
04/03/2009
23

32 pg, 131.26 KB
Filed Report and Recommendation by Appellate Commissioner. (DL)
04/10/2009 24 Return receipt received. Certificate number: 7008 3230 0000 4547 2467. (RL)
04/20/2009
25

2 pg, 32.56 KB
Filed (ECF) In Re Kevin J. Mirch Motion to extend time to comply with the order dated 04/03/2009. Date
of service: 04/03/2009. [6888708] (MCM)
04/20/2009
26

2 pg, 25.01 KB
Filed (ECF) In Re Kevin J. Mirch Correspondence: Notice of Change of Address. Date of service:
04/20/2009 [6888720] (MCM)
04/20/2009
27

1 pg, 26.27 KB
Filed clerk order: Electronically-filed document [26] Correspondence to Clerk (ECF Filing) is stricken
because there is an error in the document. (JFF)
04/23/2009
28

1 pg, 22.78 KB
Filed order (Appellate Commissioner) Respondent Kevin John Mirch, Esq., has requested an enlargement
of time to file objections to the Appellate Commissioners Report and Recommendation in the above-
captioned matter. The request is granted. Respondent shall file his objections on or before May 24, 2009.
(Appellate Commissioner) (DL)
05/20/2009
29

3 pg, 41.79 KB
Filed (ECF) In Re Kevin J. Mirch Motion to extend time to comply with the order dated 04/03/2009. Date
of service: 05/20/2009. [6928182] (MCM)
05/22/2009
30

1 pg, 22.72 KB
Filed order (Appellate Commissioner) Respondent Kevin John Mirch, Esq., has requested a second
enlargement of time to file objections to the Appellate Commissioners Report and Recommendation in
the above-captioned matter. The request is granted. Respondent shall file his objections on or before June
5, 2009. (Appellate Commissioner) (DL)
06/05/2009
31

27 pg, 165.46 KB
Filed (ECF) In Re Kevin J. Mirch response to Court order dated 04/03/2009. Date of service: 06/05/2009.
[6948003] (MCM)
07/02/2009 32 Mail returned on 07/02/2009 addressed to Kevin J. Mirch, re: Order. Resending to: MIRCH & MIRCH Suite
320 444 West C Street San Diego, CA 92101. [6979313] (RL)
07/28/2009
33

2 pg, 27.69 KB
Order filed (WILLIAM C. CANBY, SIDNEY R. THOMAS and SANDRA S. IKUTA) The Court has received
and reviewed the objections from respondent Kevin John Mirch, Esq., to the Appellate Commissioners
April 3, 2009 Report and Recommendation. Respondent Mirchs objections are overruled and the Report
and Recommendation is adopted in full. For the reasons set forth in the Report and Recommendation,
respondent Kevin John Mirch, Esq., is reciprocally suspended from the practice of law in this court for
three years, effective April 10, 2008, the date of his Nevada disbarment. Fed. R. App. P. 46(b)(1)(A).
Respondent is also ordered to pay $875.00, the amount equal to the cost of the court reporter in this
disciplinary proceeding. The monetary sanction is imposed as a judgment and shall be paid to the Clerk
of this Court within 21 days after the filing date of this order. Failure to pay the sanction within the time
permitted may result in the imposition of additional sanctions on respondent as well as referral of this
judgment to the United States Attorney for collection. At the conclusion of the suspension, Mirch may
petition for reinstatement to the Bar of the Ninth Circuit pursuant to Ninth Circuit Rule 46-2(h). Mirch shall
file the petition using this docket number and include a showing that he is a member in good standing of
the bar of any state. The Clerk shall change this courts records to reflect that respondent Mirch has been
suspended and is no longer eligible to practice before the Ninth Circuit. The Clerk shall serve this order
and the Appellate Commissioners April 3, 2009 report and recommendation on: (1) State Bar of Nevada,
Attn: Discipline Department,9456 Double R Blvd. Suite B, Reno, Nevada 89521; and (2) State Bar of
California Enforcement Department, 1149 South Hill Street, Los Angeles, California 90015-2299. The
Clerk also shall serve this order on respondent Mirch by FedEx. (Tracking No. 868987826463) [7005680]
(DL)
08/07/2009 34 Mail returned on 08/07/2009 addressed to Kevin J. Mirch, @ 320 Flint St., Suite 201, Reno, NV. re: Order
of 7/28/09. Resending to: 444 West C Street, Suite 320, San Diego, CA 92101. (New FedEx Tracking No.
8689 8782 6393) [7019878] (DL)
08/07/2009 35 Received In Re Kevin J. Mirch notice regarding notice of satisfaction of judgement. [7021417] (RL)
08/07/2009 36 Received payment of sanction from Respondent Kevin J. Mirch in the amount of $875.00 [7024504] (DL)
11/07/2012
37

12 pg, 161.27 KB
Filed (ECF) In Re Kevin J. Mirch Urgent Motion for miscellaneous relief [Peition for Reinstatement to Bar
of Ninth Circuit]. Date of service: 11/07/2012. [8392231] (MCM)
11/13/2012
38

1 pg, 23.25 KB
Filed order (Appellate Commissioner): By order filed July 28, 2009, this court reciprocally suspended
respondent Kevin John Mirch, Esq. from the practice of law in this court for three years, effective April 10,
2008, the date of his Nevada discipline. The court has reviewed respondent Mirchs November 7, 2012
petition for reinstatement under Ninth Circuit Rule 46-2(h). Mirch has complied with the terms of the
courts July 28, 2009 order, and his petition for reinstatement is granted. The Clerk shall amend the
courts records accordingly. (Appellate Commissioner) [8398546] (DL)
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