| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 04/10/2003 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Kenneth L. Hall, Esq.--check no. 3633. | | |
| 04/10/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 03-06069
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| 04/17/2003 | Docketing Statement | Filed Docketing Statement. | | 03-06560
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| 04/17/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: March 6, 2003. To Court Reporter: Shelly Ajoub. | | 03-06561
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| 04/28/2003 | Notice/Incoming | Filed Proof of Service. Certificate of Mailing. | | 03-07202
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| 04/28/2003 | Transcript | Filed Transcript. Proceedings: March 6, 2003. Court Reporter: Shelly Ajoub. (SEALED-per minute order of 03/02/01) | | 03-07215
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| 04/29/2003 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 on cross-appeal from Randall J. Roske--check no. 2878. | | |
| 04/29/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant/cross-respondent.) | | 03-07247
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| 06/05/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Thomas F. Christensen. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 06/30/2003 | Order/Procedural | Filed Order. To date, appellant/cross-respondent has failed to file the docketing statement. Appellant/cross-respondent shall, within 10 days from the date of this order, file and serve the docketing statement. | | 03-10875
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| 07/29/2003 | Order/Procedural | Filed Order. To date, appellant has failed to comply with our order entered June 30, 2003. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement or show cause why sanctions should not be imposed, including dismissal of appellant's appeal. Fn1[Our June 30, 2003, order incorrectly noted that appellan'ts appeal was docketd in this court on April 10, 2003]. | | 03-12783
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| 08/08/2003 | Other | Returned Unfiled Document. | | |
| 09/25/2003 | Motion | Filed Motion to Extend Time. | | 03-16046
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| 09/30/2003 | Notice/Incoming | Filed Proof of Service. for Motion for Leave to File Docketing Statement. | | 03-16277
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| 10/10/2003 | Order/Procedural | Filed Order Granting Motion. filed September 25, 2003. Appellant shall have 10 days from the date of this order to file the docketing statement. | | 03-16862
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| 11/21/2003 | Motion | Filed Motion to Extend Time. Motion for Leave to File Docketing Statement (2nd request). Notice of Address Change. | | 03-19462
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| 11/21/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 03-19463
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| 01/06/2004 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. Granting Extension of Time to File Docketing Statement. The parties were unable to agree to a settlement. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent ('appellant') shall have 15 days from the date of this order to comply with NRAP 9(a). Because this is a child custody matter, appellant shall have 90 days from the date of this order to file and serve the opening brief and appendix on appeal. Respondent shall have 20 days from service of the opening brief to file and serve a combined answering brief on appeal and opening brief and appendix on cross-appeal. Appellant shall have 10 days from service of respondent's combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondent shall have 10 days from service of appellant's combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. Appellant has filed a motion for a second extension of time to file his docketing statement. Cause appearing, we grant the unopposed motion. The clerk shall file the docketing statement received on November 17, 2003. | | 04-00273
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| 01/06/2004 | Docketing Statement | Filed Docketing Statement. Appellant and Cross-Respondent. | | 03-19073
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| 01/13/2004 | Notice/Outgoing | Issued Letter. to Manuel Rivas to transmit (1) plaintiff's motion for child support, visitation, and CASA appointed, filed on February 7, 2003; and (2) defendant's opposition, and countermotion for change of custody, revised visitation schedule and make-up visitation, filed on February 20, 2003 as a supplement. | | |
| 01/16/2004 | Other | Other. Filed Notice of Motion filed in the district court on February 7, 2003 and Opposition to Plaintiff's Motion and Defendant's Countermotion for: (1) Change of Custody, (2) Revised Visitation Schedule and Make-Up Visitation, (3) Psychological Examination of All Parties, (4) Child Support, and (5) for Order Prohibiting Contact Between the Minor Children and the Paternal Grandmother, Ann Strauss, (5) Preliminary Attorney Fees filed in the district court on February 20, 2003. | | 04-01035
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| 03/15/2004 | Other | Other. Received Plaintiff's Motion for Child Support, Visitation, and CASA appointed, filed on February 7, 2003; and Defendant's Opposition, and Countermotion for Change of Custody, Revisited Visitation Schedule and Make-Up Visitation, filed on February 20, 2003. | | 04-04903
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| 03/17/2004 | Order/Procedural | Filed Order. to File Transcript Request Form. We again direct appellant to file and serve either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall file the appropriate document within 10 days from the date of this order. We caution appellant that failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this appeal. | | 04-05022
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| 04/14/2004 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss the Appeal of Appellant/Cross-Respondent, Motion for Sanctions, and Motion for New Briefing Schedule. | | 04-06899
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| 04/27/2004 | Motion | Filed Response to Motion. Response in Opposition to Ms. Peters' Motion to Dismiss Appeal of Mr. Wiker, Motion for Sanctions, and Non Opposition of Motion for New Briefing Schedule and Counter Motion for New Briefing Schedule Pending Preparation of Transcripts. | | 04-07693
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| 05/07/2004 | Motion | Filed Motion to Extend Time. | | 04-08564
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| 05/27/2004 | Order/Procedural | Filed Order. Respondent/cross-appellant ('respondent') has moved to dismiss appellant/cross-respondent's ('appellant') appeal, impose sanctions against appellant, and reset the briefing schedule. Appellant opposes the motion to dismiss and the motion for sanctions. Appellant does not oppose the motion for a new briefing schedule. Because it appears that appellant is attempting to pursue his appeal, we deny respondent's motion to dismiss. Further, we decline to impose sanctions at this time. However, we caution appellant's counsel that future failure to comply with the Nevada Rules of Appellate Procedure or orders of this court may result in the imposition of sanctions against counsel. Court recorder Shelly Ajoub has moved for an extension of time to file the transcripts for April 22, 1998; November 24, 1998; March 14, 2000; June 29, 2000; and July 9, 2001. A transcript request form requesting the production of these transcripts has not been filed with this court. We note that the above dates match dates identified in the 'Estimated Cost of Transcript' filed with the district court. Cause appearing, we grant the motion. The clerk shall file the transcripts received on May 14, 2004. Appellant shall have 10 days from the date of this order to file and serve a transcript request form. Failure to file a transcript request form will result in the imposition of sanctions. Cause appearing, we grant the unopposed motion for a new briefing schedule. Appellant shall have 60 days from the date of this order to file and serve the opening brief and appendix on appeal. Respondent shall have 20 days from service of the opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant shall have 10 days from service of respondent's combined brief to file a combined reply brief on appeal and answering brief on cross-appeal. Respondent shall have 10 days from service of appellant's combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. | | 04-09782
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| 05/27/2004 | Transcript | Filed Transcript. Transcripts: 4/22/98; 11/24/98, 3/14/00, 6/29/00, 7/9/01. Court Reporter: Alice Eastgate. SEALED. (District Court documents are sealed per minute order dated 03/02/01.) | | 04-09099
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| 07/22/2004 | Brief | Filed Opening Brief. | | 04-13327
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| 07/22/2004 | Appendix | Filed Appendix to Opening Brief. | | 04-13328
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| 08/09/2004 | Motion | Filed Motion to Extend Time. Respondent's Motion for Enlargment of Time. | | 04-14376
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| 08/31/2004 | Order/Procedural | Filed Order Granting Motion. filed August 8, 2004. We note that in appeals involving the custody of minor children, extensions of time in the briefing schedule will be granted 'only in extraordinary cases that present unforeseeable circumstances.' Generally, the need to compile an appendix does not constitute an extraordinary or unforeseeable circumstance. We further note, however, that the resolution of this appeal has been delayed by appellants/cross-respondents' prior failure to comply with the Nevada Rules of Appellate Procedure and orders of this court. Accordingly, and in view of this court's preference for deciding cases on the merits in matters involving child custody, we grant the motion. Respondent shall have until September 13, 2004, to file and serve the answering brief. | | 04-15857
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| 09/10/2004 | Brief | Filed Answering Brief. | | 04-16670
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| 09/10/2004 | Appendix | Filed Appendix to Answering Brief. | | 04-16671
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| 10/07/2004 | Case Status Update | Briefing Completed. No reply brief filed. | | |
| 10/18/2004 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss the Appeal of Appellant/Cross-Respondent and Motion for Sanctions. | | 04-19272
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| 11/04/2004 | Order/Procedural | Filed Order. to Request Transcripts and Imposing Sanctions. Three months have passed since our last order, and, to date, appellant has still failed to comply with these orders. Accordingly, we impose sanctions against appellant's counsel in the amount of $250. Appellant's counsel shall pay this sanction to the Nevada Supreme Court Law Library and file proof of payment with this court within 20 days from the date of this order. We again direct appellant to request transcripts in compliance with NRAP 9(a). Appellant shall have 10 days from the date of this order to file and serve a transcript request form. We caution counsel for appellant that failure to file the appropriate document and proof of payment of sanctions in a timely manner may result in the imposition of additional sanctions, including referral to the State Bar of Nevada pursuant to SCR 105. | | 04-20319
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| 11/24/2004 | Brief | Received Reply Brief. Appellant's Reply Brief. | | 04-21575
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| 11/30/2004 | Motion | Filed Motion to Extend Time. | | 04-21797
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| 11/30/2004 | Notice/Outgoing | Issued Notice to Provide Proof of Service. Motion for Extension of Time to File Reply Brief. Due date: 10 days. | | |
| 12/02/2004 | Notice/Incoming | Filed Proof of Service. Reply Brief. | | 04-22032
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| 12/30/2004 | Order/Procedural | Filed Order. Denying Motion to Dismiss, Filing Briefs, Imposing Sanctions and Referring Counsel to State Bar of Nevada. On May 27, 2004, this court entered an order that established a new briefing schedule for this appeal and cross-appeal. Appellant was required to file his combined reply brief on appeal and answering brief on cross-appeal by September 20, 2004. Appellant, however, did not submit the brief for filing until November 24, 2004. On October 18, 2004, respondent filed a motion to dismiss appellant's appeal based on his failure to file the required brief. Respondent also requests the award of attorney fees in the amount of $2500.00 as a sanction. Appellant does not oppose the motion. We note that appellant has delayed the resolution of this appeal and cross-appeal since appellant's notice of appeal was docketed in this court on April 29, 2003. We note that this court has previously cautioned counsel for appellant that future failure to comply with the rules of this court may result in the imposition of sanctions. Because this court prefers to decide cases on their merits and because appellant has submitted the required brief for filing, we deny respondent's motion to dismiss appellant's appeal. Nevertheless, because appellant continues to disregard the rules of this court by failing to timely file required documents, thus delaying the resolution of this appeal and cross-appeal, we conclude the imposition of sanctions is warranted. Accordingly, we grant respondent's unopposed request for attorney fees, in part. Counsel for appellant, Randall J. Roske, shall have 20 days from the date of this order to personally pay respondent the amount of $1,000.00 to help defray the expenses incurred by respondent in preparing and filing the motion to dismiss. Further, Mr. Roske shall file proof of payment of the sanctions with this court within 20 days. Cause appearing, we grant appellant's motion for an extension of time to file his brief. See NRAP 31(a)(2). The clerk of this court shall file the brief received on November 24, 2004. The clerk shall also file the reply brief on cross-appeal received on December 8, 2004. On November 4, 2004, this court entered a fourth order directing appellant to request transcripts in compliance with NRAP 9(a) by November 15, 2004. That order also imposed a sanction of $250.00 against Mr. Roske for his failure to comply with this court's orders. To date, the appropriate document in compliance with NRAP 9(a) and proof of payment of the sanction have not been filed with this court. Accordingly, we conclude that Mr. Roske's dilatory actions in prosecuting this appeal and repeated disregard of this court's rules and orders warrant an investigation by the Nevada State Bar. We refer this matter the State Bar of Nevada for investigation pursuant to SCR 105. fn1[The clerk of this court shall provide bar counsel with copies of this court's orders entered in this appeal on January 6, 2004, March 17, 2004, May 27, 2004, and November 4, 2004.] Bar counsel shall, within 90 days from the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter. | | 04-23700
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| 12/30/2004 | Brief | Filed Reply Brief. | | 04-21575
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| 12/30/2004 | Brief | Filed Reply Brief on Cross-Appeal. | | 04-22452
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| 01/10/2005 | Transcript Request | Filed Certificate of No Transcript Request. | | 05-00456
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| 02/02/2005 | Notice/Incoming | Filed Notice. Notice of Non-Compliance with Order. | | 05-02128
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| 02/02/2005 | Order/Procedural | Filed Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). | | 05-02145
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| 02/02/2005 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP05-RR/MG/JH | | |
| 02/03/2005 | Notice/Incoming | Filed Proof of Payment of Sanction. Notification of Compliance of Court Order. | | 05-02186
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| 02/08/2005 | Notice/Incoming | Filed Proof of Service. --Receipt of Attorney's Fees | | 05-02594
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| 03/01/2005 | Notice/Incoming | Filed Status Report. Investigative Report from State Bar of Nevada re attorney Randall Roske. NOTE: This original document was placed in attorney Roske's bar file. No copy was placed in the correspondence file for this case. | | |
| 03/18/2005 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. ". . . we reverse those portions of the district court's order relating to child support and attorney fees and affirm the remainder of the order. We remand this matter to the district court for further proceedings consistent with this order." SNP05-RR/MG/JH. | | 05-05331
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| 03/22/2005 | Order/Procedural | Filed Order. Regarding Sanctions. On February 2, 2005, respondent's counsel filed a "Notice of Non-Compliance With Order." On February 3, 2005, appellant's counsel filed a "Notification of Compliance of Court Order. It appears that appellant's counsel has complied, although untimely, with this court's orders to comply with NRAP 9(a), to pay $250 to the law library, to pay $1000 to respondent, and to provide proof of such payments. We conclude that no action is required on respondent's "Notice of Non-Compliance With Order." fn2[Bar counsel has filed a report informing this court of the status of its investigation in this matter. Bar counsel shall update this Court as to the status of the ongoing investigation and any proceedings once the disciplinary process has been completed.] | | 05-05544
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| 04/12/2005 | Remittitur | Issued Remittitur. | | 05-05373
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| 04/12/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 04/15/2005 | Notice/Incoming | Filed Status Report. Investigative Report from State Bar of Nevada re attorney Randall Roske. NOTE: This original document was placed in attorney Roske's bar file. No copy was placed in the correspondence file for this case. | | |
| 04/18/2005 | Remittitur | Filed Remittitur. Received by County Clerk on April 14, 2005. | | 05-05373
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