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United States Court Cases

Nevada Supreme/Appellate Court Record

MARTELLA VS. MARTELLA (CHILD CUSTODY)

Case Information: 65597
Short Caption:MARTELLA VS. MARTELLA (CHILD CUSTODY)Court:Supreme Court
Related Case(s): 65597-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - D471093Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/13/2014 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:
Expedited

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/07/2014Filing FeeFiling fee due for Appeal. Filing fee will be forwarded by the District Court.
05/07/2014Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 14-14746
05/07/2014Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. 14-14751
05/09/2014Filing FeeFiling Fee Paid. $250.00 from Willick Law Group. Check No. 28737.
05/09/2014Notice of Appeal DocumentsFiled Documents from District Court Clerk. Confidential Coversheet.
05/13/2014Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Lansford W. Levitt. 14-15573
05/13/2014MotionFiled Emergency Motion For Stay of District Court Orders on Monetary Matters During Pendency of Appeal. 14-15608
05/14/2014ExhibitFiled Exhibits (copies). Exhibits 1-6 to Motion for Stay. 14-15635
05/15/2014Order/ProceduralFiled Order Denying Motion for Stay. 14-15845
05/15/2014Notice/IncomingFiled Notice of Appearance of Counsel for Respondent (Sterling Law LLC and Beau Sterling). 14-15859
05/22/2014Docketing StatementFiled Docketing Statement Civil Appeal. 14-16778
05/29/2014MotionFiled Motion for Reconsideration of Emergency Motion for Stay of District Court Orders. 14-17412
06/04/2014Order/ProceduralFiled Order Denying Reconsideration of Motion for Stay. 14-18251
06/06/2014Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for July 22, 2014 at 9:00 a.m. 14-18499
06/12/2014Notice/IncomingFiled Substitution of Attorneys (Beau Sterling, Esq. as counsel for Donna Martella in place and stead of John T. Kelleher, Esq. of Kelleher & Kelleher, LLC). 14-19263
06/17/2014TranscriptFiled Notice from Court Reporter. Shelly Ajoub stating as of this date, deposit hasn't been received and Transcription does not commence until deposit is received. 14-19872
07/22/2014MotionFiled Motion For Order of Limited Remand To The District Court. 14-23813
07/22/2014Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge. (Motion for Order of Limited Remand to the District Court) 14-23878
07/23/2014Notice/IncomingFiled Certificate of Service of Motion for Order of Limited Remand to the District Court on Settlement Judge. 14-23907
08/04/2014MotionFiled Motion for Extension of Time (Response to Appellant's Motion for Limited Remand) 14-25465
08/22/2014Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 14-27776
09/23/2014TranscriptFiled Notice from Court Reporter. Shelly Ajoub stating that the requested transcripts were delivered. Dates of transcripts: 12/18/12, 2/13/13, 3/27/13, 4/23/13, 5/29/13, 7/12/13, 8/14/13, 8/30/13 and 12/08/13. 14-31528
10/02/2014TranscriptFiled Notice from Court Reporter. Shelly Ajoub stating that the requested transcripts were delivered. Dates of transcripts: 06/11/14. 14-32848
02/02/2015Settlement Order/ProceduralFiled Order Denying Motion for Order of Limited Remand to the District Court and Reinstating Briefing Pursuant to NRAP 3E. As appellant's motion for remand does not fully comply with the requirements set forth in Huneycutt, we deny the motion. The parties were unable to agree to a settlement. Appellant: 40 days fast track statement and appendix. Respondent: 20 days from service of appellant's fast track statement to file and serve the fast track response. 15-03500
02/02/2015MotionFiled Response to Motion. Response to Appellant's Motion for Limited Remand. 15-03501
02/25/2015MotionFiled Motion to Extend Time For Filing of Fast Track Statement/Brief and Appellant's Appendix. 15-06048
03/06/2015Order/ProceduralFiled Order Denying Motion for Full Briefing and Granting Motion for Extension of Time. Fast Track Statement and Appendix due: April 30, 2015. 15-07050
04/17/2015MotionFiled Request for Leave of Court to Expand Fast Track Statement. 15-11544
04/17/2015MotionFiled Response to Appellant's Request for Leave of Court to Expand Length of Fast Track Statement and Notice of No Opposition to the Relief Requested. 15-11573
05/01/2015AppendixFiled Appendix to Opening Brief, Volume I, Part 1. 15-13369
05/05/2015TranscriptFiled Notice from Court Reporter. Kim Gurule stating that the requested transcripts were delivered. Dates of transcripts: 11/21/13, 03/11/14. 15-13712
05/08/2015TranscriptFiled Notice from Court Reporter Kim Gurule stating that the requested transcripts were delivered. Dates of transcripts: 11/21/13 and 3/11/14. 15-14107
05/08/2015Order/ProceduralFiled Order. We conclude that full briefing is warranted. Appellant's motion for leave to file an excess-page fast track statement is denied as moot. The clerk of this court shall reject the fast track statement received on May 6, 2015. The clerk shall file the appendix received on April 30, 2015, and the proof of service received on May 6, 2015. Opening Brief due: 20 days. 15-14115
05/08/2015AppendixFiled Appendix to Opening Brief, Volume I, Part 2. 15-14117
05/08/2015AppendixFiled Appendix to Opening Brief, Volume II. 15-14118
05/08/2015AppendixFiled Appendix to Opening Brief, Volume III, Part 1. 15-14120
05/08/2015AppendixFiled Appendix to Opening Brief, Volume III, Part 2. 15-14121
05/08/2015AppendixFiled Appendix to Opening Brief, Volume IV, Part 1. 15-14123
05/08/2015AppendixFiled Appendix to Opening Brief, Volume IV, Part 2. 15-14124
05/08/2015AppendixFiled Appendix to Opening Brief, Volume V, Part 1. 15-14125
05/08/2015AppendixFiled Appendix to Opening Brief, Volume V, Part 2. 15-14126
05/08/2015AppendixFiled Appendix to Opening Brief, Volume VI, Part 1. 15-14127
05/08/2015AppendixFiled Appendix to Opening Brief, Volume VI, Part 2. 15-14128
05/08/2015AppendixFiled Appendix to Opening Brief, Volume VII, Part 1. 15-14129
05/08/2015AppendixFiled Appendix to Opening Brief, Volume VII, Part 2. 15-14130
05/08/2015AppendixFiled Appendix to Opening Brief, Volume VIII. 15-14131
05/08/2015AppendixFiled Appendix to Opening Brief, Volume IX, Part 1. 15-14133
05/08/2015AppendixFiled Appendix to Opening Brief, Volume IX, Part 2. 15-14134
05/08/2015AppendixFiled Appendix to Opening Brief, Volume X. 15-14135
05/08/2015AppendixFiled Appendix to Opening Brief, Volume XI. 15-14136
05/08/2015AppendixFiled Appendix to Opening Brief, Volume XII. 15-14137
05/08/2015AppendixFiled Appendix to Opening Brief, Volume XIII. 15-14138
05/08/2015AppendixFiled Appendix to Opening Brief, Volume XIV. 15-14139
05/08/2015Notice/IncomingFiled Certificate of Service - Child Custody Fast Track Statement and Appellant's Appendix. 15-14140
05/19/2015MotionFiled Motion For Substitution of Corrected Appellant's Index to Appendix. (DETACHED INDEX TO APPENDIX AND FILED SEPARATELY PER ORDER 5/27/15). 15-15317
05/27/2015Order/ProceduralFiled Order Granting Motion. The clerk shall detach the index from the motion filed on May 19, 2015, and file it separately. 15-16061
05/27/2015Other Incoming DocumentFiled Index to Appellant's Appendix. 15-16097
05/29/2015MotionFiled Motion for Leave of Court to Exceed Page Limit and Type-Volume Limitation of Opening Brief. 15-16456
06/17/2015Order/ProceduralFiled Order Granting Motion. Appellant's motion for leave to file an opening brief in excess of the type-limitation is granted. The clerk of this court shall file the opening brief and exhibits thereto received on May 29, 2015. Respondent shall have 20 days from the date of this order to file and serve the answering brief. 15-18462
06/17/2015BriefFiled Appellant's Opening Brief. 15-18463
06/17/2015ExhibitFiled Exhibits: Exhibits for Appellant's Opening Brief. 15-18465
07/14/2015MotionFiled Motion for First Extension of Time - Answering Brief. 15-21314
07/16/2015Order/ProceduralFiled Order Granting Motion. Answering Brief due: August 6, 2015. 15-21509
08/07/2015MotionFiled Motion for Extension of Time to File Answering Brief (Second). 15-23823
08/07/2015MotionFiled Motion to Strike. 15-23915
08/17/2015MotionFiled Response to Motion to Strike. 15-24694
08/31/2015Order/ProceduralFiled Order. We will take judicial notice of the campaign report filed by Judge William S. Potter on May 14, 2014, with the office of the Secretary of State. We decline to strike the argument in the opening brief relating to the campaign contributions. Answering Brief due: September 8, 2015. 15-26296
09/17/2015MotionFiled Motion to Withdraw as Counsel/To Extend Deadlines. 15-28262
09/18/2015Order/ProceduralFiled Order to Appear and Show Cause. Mr. Sterling shall personally appear before this court with his clients in these appeals on October 6, 2015, at 2:00 p.m., in Las Vegas, and show cause why additional sanctions, including, but not limited to, monetary sanctions, removal as counsel in these appeals, referral to the State Bar for investigation, and/or prohibition from practicing before this court, should not be imposed. Any evidence which Mr. Sterling desires to present on his behalf shall be filed in affidavit form on or before 5:00 p.m. on October 2, 2015. [Fn1 We suspend application of NRAP 25(a)(2)(B)(ii)-(iv), which provides that a document is timely filed if, on or before its due date, it is mailed to this court, dispatched for delivery within three calendar days by a third party commercial carrier, or deposited in the Supreme Court drop box. See NRAP 2. Any affidavit Mr. Sterling wishes to file shall be filed personally, electronically, or by facsimile transmission with the clerk of this court in Carson City. See NRAP 25(a)(2)(B)(i)(v); NRAP 25(a)(4).] Docket nos. 65056/65597/65598/65912/66060/66436. 15-28414
10/02/2015Order/ProceduralFiled Order. The court has ordered attorney Beau Sterling to appear with his clients in these matters on October 6, 2015, at 2:00 p.m. The show cause hearing scheduled for October 6, 2015, shall be confidential and closed to the public, with the exception of Mr. Sterling, his clients in these matters, and Acting Bar Counsel for the State Bar of Nevada. Nos. 65056/65597/65598/65912/66060/66436. 15-30006
10/02/2015Notice/IncomingFiled Response to Order to Show Cause. Nos. 65056/65597/65598/65912/66060/66436. 15-30038
11/02/2015Order/ProceduralFiled Order Granting Motion to Withdraw and Suspending Briefing. The clerk of this court shall removed attorney Beau Sterling as counsel for respondent. Respondent's Notice of Appearance of Counsel due: 30 days. Briefing is suspended. 15-33245
11/23/2015Notice/IncomingFiled Status Report per October 6, 2015 Court Directive. Nos. 65056/65597/65598/65912/66060/66436. 15-35692
11/24/2015Notice/IncomingFiled Status Report Regarding Attorney Beau Sterling. Nos. 65056/65597/65598/65912/66060/66436. 15-35918
12/01/2015Notice/IncomingFiled Notice of Appearance (Michael Wall as counsel for the Respondent). 15-36535
12/07/2015Order/ProceduralFiled Order Reinstating Briefing. Answering Brief due: 20 days. 15-37186
12/22/2015MotionFiled Respondent's Motion for An Extension of Time to File the Answering Brief. 15-39260
01/06/2016Order/ProceduralFiled Order Granting Motion. Answering Brief due: January 19, 2016. 16-00325
01/08/2016MotionFiled Motion for Leave to File Respondent's Appendix Under Seal. 16-00588
01/13/2016BriefFiled Respondent's Answering Brief. 16-01243
01/19/2016MotionFiled Opposition to Motion For Leave to File Respondent's Appendix Under Seal. 16-01852
01/20/2016MotionFiled Stipulation and Order For An Extension of Time to File the Reply Brief. 16-01985
01/20/2016MotionFiled Reply in Support of Motion for Leave to File Respondent's Appendix Under Seal. 16-02003
01/27/2016Order/ProceduralFiled Order. The clerk of this court shall return the appendix received on January 11, 2016, unfiled. The clerk of the district court shall have 20 days from the date of this order to transmit to the clerk of this court, in a sealed envelope, a copy of the report submitted on November 13, 2013. Upon receipt, the clerk of this court shall file the report under seal. Appellant's request that all references to the report in the answering brief be struck is denied. This appeal will no longer be subject to the rules for appeals involving the custody of minor children. Reply Brief due: February 29, 2016. 16-02794
02/08/2016Notice of Appeal DocumentsFiled Documents from District Court Clerk; certified copy of the report submitted November 13, 2013. (SEALED)
03/02/2016BriefFiled Appellant's Reply Brief. 16-06857
03/02/2016Case Status UpdateBriefing Completed/To Screening.
03/23/2016Order/ProceduralFiled Order Transferring Case to Court of Appeals. 16-09187
11/01/2016Order/DispositionalFiled ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order. Court of Appeals-MG/JT/AS.
11/28/2016Case Status UpdateTransferred from Court of Appeals.
11/28/2016RemittiturIssued Remittitur. 16-36738
11/28/2016Case Status UpdateRemittitur Issued/Case Closed.
12/09/2016RemittiturFiled Remittitur. Received by District Court Clerk on December 5, 2016. 16-36738