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United States Court Cases

Nevada Supreme/Appellate Court Record

MACK VS. MANLEY C/W 39160

Case Information: 42003
Short Caption:MACK VS. MANLEY C/W 39160Court:Supreme Court
Consolidated: 39160 *, 42003Related Case(s): 39160
Lower Court Case(s):Clark Co. - Eighth Judicial District - D247361Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/12/2003 / Reed, NathanielSP Status:Completed
Oral Argument:02/08/2006 at 9:00 AMOral Argument Location:Regional Justice Center
Submission Date:02/08/2006How Submitted:After Oral Argument
Expedited

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/08/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Lukens & Kent, Chrtd.--check no. 3526.
09/08/2003Notice 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.) 03-14999
09/12/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Nathaniel J. Reed. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/26/2003Docketing StatementFiled Docketing Statement. 03-16143
10/13/2003Notice/Outgoing Letter. Nathaniel J. Reed. (docketing statement)
10/14/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 13, 2003. 03-17035
11/17/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 20, 2003. 03-19112
11/24/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-19578
12/04/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant: 15 days 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. Respondent shall have 20 days from service of the opening brief to file and serve the answering brief. Appellant shall have 10 days from service of the answering brief to file and serve the reply brief if deemed necessary. See NRAP 31(a)(2). 03-20160
12/10/2003Order/ProceduralFiled Order. Consolidating Appeals, Reinstating Briefing in Docket No. 42003, and Lifting Bankruptcy Stay and Granting Motion to Withdraw in Docket No. 39160. Pursuant to NRAP 16(g), the settlement judge has filed a report with this court indicating that the parties were unable to agree to a settlement of the appeal in Docket No. 42003. We reinstate the deadlines for requesting transcripts and filing briefs in that appeal. 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. Respondent shall have 20 days from service of the opening brief to file and serve the answering brief. Appellant shall have 10 days from service of the answering brief to file and serve the reply brief if deemed necessary. See NRAP 31(a)(2). We note that the appeal in Docket No. 39160 was stayed pursuant to the mandatory stay provisions of federal bankruptcy law. On August 22, 2003, respondent filed a notice indicating that his bankruptcy case has been dismissed. Accordingly, the appeal in Docket No. 39160 is no longer stayed. In its August 22, 2003, notice, respondent requests dismissal of the appeal in Docket No. 39160, alleging that the appeal is frivolous and taken only for purposes of delay. No good cause appearing, we deny the request. We note, however, that this court may take appropriate action pursuant to NRAP 38 if during our resolution of the appeal we find that it was brought frivolously or for purposes of delay. Counsel for appellant in Docket No. 39160, attorney Robert E. Murdock filed a "Motion to Withdraw as Attorney of Record," on June 13, 2003. Cause appearing, we grant the motion. The clerk of this court shall remove Mr. Murdock from the docket of the appeal in Docket No. 39160. We note that attorney James S. Kent represents appellant in Docket No. 42003. If Mr. Kent intends to represent appellant in Docket No. 39160, he should file a notice of appearance in that appeal within 10 days from the date of this order. We conclude that in the interest of judicial economy, these appeals should be consolidated. We consolidate these appeals for all appellate purposes. See NRAP 3(b). If appellant causes counsel to enter an appearance in Docket No. 39160, that appeal will follow the same briefing schedule as set forth above for Docket No. 42003. In such a case, appellant shall file a single opening brief addressing the issues in both appeals. We caution appellant that failure to cause counsel to enter an appearance in Docket No. 39160 may result in that appeal proceeding as a proper person appeal. See NRAP 46(b). Nos. 39160/42003. (03-20595)
12/29/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 08/09/01, 06/16/01, 10/08/01, 10/18/01, 10/23/01, 11/13/01, 11/19/01, 11/29/01, 12/18/01, 02/11/03, 05/15/03, 05/27/03, 16/11/03, 06/16/03, 07/07/03, and 07/28/03. To Court Reporter: Transcript Video Services. Nos. 39160/42003 (03-21554).
01/02/2004Notice/IncomingFiled Notice of Appearance. Representing appellant: Lukens & Kent. Nos. 39160/42003 (04-00121).
01/28/2004MotionFiled Motion. Affidavit in Support of Motion to Proceed on Appeal in Forma Pauperis. Nos. 39160/42003 [04-01854]
03/01/2004MotionFiled Motion to Extend Time. Nos. 39160/42003. [04-03869]
03/15/2004MotionFiled Response to Motion. Respondent's Objection to Apellant's Application to Proceed in Forma Pauperis. Nos. 39160/42003 (04-04858).
03/26/2004Notice/IncomingFiled Proof of Service. Affidavit in Support of Motion to Proceed on Appeal in Forma Pauperis). Nos. 39160/42003 (04-05735).
09/10/2004Order/ProceduralFiled Order. Directing District Court to Reconsider Motion and Granting Motion for Extension of Time. On January 6, 2004, appellant filed a document entitled 'Application to Proceed in Forma Pauperis (Recording or Transcription Service)' with the district court. Thereafter, the district court entered an order that denied appellant's motion. On January 28, 2004, appellant filed a document entitled 'Affidavit in Support of Motion to Proceed on Appeal in Forma Pauperis' with this court. Respondent has filed an objection to the motion. We note that the district court's order does not state the reasons for the denial of appellant's motion. Because the district court's order does not state the reasons for denying appellant's application, we direct the district court to reconsider appellant's application to proceed on appeal in forma pauperis as to costs only and to enter a formal written order granting or denying the motion within 20 days from the date of this order. In light of this order, we deny appellant's motion to proceed in forma pauperis without prejudice to appellant's right to renew the motion before this court in the event the district court denies her motion on reconsideration. Appellant has also moved for an extension of time to file the opening brief and appendix. Cause appearing, we grant the motion in part. Appellant shall have 60 days from the date of this order to file and serve the opening brief and appendix. Further, because appellant has not paid for the requested transcripts, Video Transcript Services is not obligated to prepare and file the requested transcripts until payment is received or until further order of this court. Nos. 39160/42003. (04-16615)
09/21/2004Order/IncomingFiled District Court Order. Copy of order granting motion to proceed in forma pauperis filed in district court on 9/14/04. Nos. 39160/42003. [04-17466]
10/22/2004MotionFiled Motion to Extend Time. Nos. 39160/42003 (04-19607).
11/08/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed October 22, 2004. Shelly A. Ajoub shall have until November 22, 2004, to file and serve the requested transcripts in these consolidated appeals. Nos. 39160/42003. (04-20480)
11/29/2004MotionFiled Motion to Extend Time. Motion for Extension of Time to Prepare Transcripts. Nos. 39160/42003. (04-21707)
12/15/2004Order/ProceduralFiled Order. Shelly A. Ajoub, Supervisor for Transcript Video Services, has moved for a second extension of time to file the transcripts requested in these appeals. Cause appearing, we grant the motion. Ms. Ajoub shall have until December 22, 2004, to file and serve the requested transcripts. We encourage Ms. Ajoub to timely complete preparation of the transcripts necessary for these appeals. In light of this order, appellant shall have until January 11, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(2). Nos. 39160/42003. (04-22836)
12/20/2004TranscriptFiled Transcript. Proceedings: 08/09/01, 08/16/01, 10/08/01, 10/18/01, 10/23/01, 11/19/01, 12/18/01, 02/11/03, 05/27/03, and 07/07/03. Court Reporter: Shelley Ajoub. Nos. 39160/42003. [04-23158]:
12/27/2004MotionFiled Motion to Extend Time. Nos. 39160/42003. [04-23461]
01/03/2005TranscriptReceived Transcript. Transcripts dated: June 11, 2003 and June 16, 2003. Court Reporter: Shelly Ajoub. Nos. 39160/42003. (05-00070) (filed in case no. 39160)
01/19/2005Order/ProceduralFiled Order. These are consolidated appeals from district court orders affecting child custody. Shelly A. Ajoub, Supervisor for Transcript Video Services, has moved for a third extension of time to file the transcripts requested in these appeals. Ms. Ajoub shall have until January 21, 2005, to file and serve the remaining requested transcripts. In light of this order, appellant shall have until February 10, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(2). Nos. 39160/42003. (05-01142)
01/19/2005TranscriptFiled Transcript. Proceedings: Wednesday, June 11, 2003 and Monday, June 16, 2003. Court Reporter: Shelly A. Ajoub. Nos. 39160/42003.
01/24/2005TranscriptFiled Transcript. Proceedings: 11/29/01 and 05/15/03 (SEALED) Court Reporter: Shelly Ajoub. Nos. 39160/42003 (05-01467). - placed in file no. 39160
02/11/2005MotionFiled Motion to Extend Time. Appellant's First Motion for Extension of Time to file Opening Brief. Nos. 39160/42003. (05-02823)
02/22/2005Order/ProceduralFiled Order Granting Motion. filed February 11, 2005. Appellant has moved for an extension of time to file the opening brief. In support of the motion, appellant's counsel represents that 'the materials in terms of the transcripts and the appendix' are 'extremely voluminous' and therefore it is 'taking a great amount of time to adequately prepare the brief.' Counsel further represents that this is appellant's first motion for an extension of time to file the opening brief. We note that this is not appellant's first motion for an extension of time to file the opening brief. On September 10, 2004, this court entered an order that granted appellant's motion for a 60-day extension of time to file the opening brief. We further note that appellant was granted additional time to prepare the opening brief in orders entered on December 15, 2004, and January 19, 2005, because the requested transcripts had not been prepared. We grant appellant's second motion for an extension of time to file the opening brief. Appellant shall have until March 3, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(2). Because this appeal concerns child custody, no further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Nos. 39160/42003 (05-03434).
03/04/2005MotionFiled Motion to Extend Time. Appellant's Second Motion for Extension of Time to file Opening Brief. Nos. 39160/42003. (05-04324)
03/04/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: April 2, 2001 and April 10, 2001. To Court Reporter: Transcript Video Services, Eighth J.D.C., Family Division. Nos. 39160/42003. (05-04326)
03/11/2005TranscriptFiled Transcript. Proceedings: 4/2/01 and 4/10/01.(SEALED) Court Reporter: Shelley Ajoub. Nos. 39160/42003
03/28/2005Order/ProceduralFiled Order Granting Motion. We admonish appellant's counsel for failing to timely request all the necessary transcripts as directed in our December 10, 2003, order. However, in order to allow appellant the opportunity to review all the necessary transcripts in preparing the opening brief, this court is compelled to grant her motion. Appellant shall have until April 4, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(2). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. We caution appellant's counsel that future failure to comply our appellate rules and the orders of this court may result in the imposition of sanctions. Nos. 39160/42003. (05-05954)
04/06/2005BriefFiled Opening Brief. Nos. 39160/42003 (05-06773).
04/06/2005AppendixFiled Appendix to Opening Brief. Vols. 1 through 7. Nos. 39160/42003 (05-06774).
04/06/2005MotionFiled Motion. Appellant's Request for Exhibits and Temporary Protective Order Case Records to be Transmitted to the Supreme Court. Nos. 39160/42003 (05-06775).
04/08/2005Notice/IncomingFiled Notice of Change of Address. James Kent. Nos. 39160/42003 (05-06852).
04/25/2005MotionFiled Motion to Extend Time. Nos. 39160/42003 (05-08101).
06/01/2005BriefReceived Answering Brief. Nos. 39160/42003 (05-10709).
06/01/2005AppendixReceived Appendix to Answering Brief. Vols. 1 through 3. Nos. 39160/42003 (05-10710).
06/17/2005Order/ProceduralFiled Order Denying Motion. to Transmit Original Exhibits. Appellant has moved for the transmittal of all original exhibits admitted at 10 separate hearings. The motion is unopposed. We deny appellant's motion. This denial is without prejudice to appellant's right to renew the motion in a manner that complies with the NRAP 30(d) standard for transmitting original exhibits. fn2[If appellant intends to file a supplemental appendix, such appendix shall be filed within 20 days from the date of this order.] We grant the unopposed motion of respondent to file the answering brief. The clerk shall file the answering brief and appendix received on June 1, 2005. If deemed necessary, appellant shall have 10 days from the date of this order to file and serve a reply brief. Nos. 39160/42003. (05-11947)
06/17/2005BriefFiled Answering Brief. Nos. 39160/42003. (05-10709)
06/17/2005AppendixFiled Appendix to Answering Brief. Volumes 1 through 3. Nos. 39160/42003. (05-10710)
06/29/2005MotionFiled Motion to Extend Time. Appellant's First Motion for Extension of Time to File Reply Brief and Supplemental Appendix. Nos. 39160/42003 (05-12917).
07/08/2005Order/ProceduralFiled Order Granting Motion. Appellant has filed a motion requesting an extension of time to file the reply brief and supplemental appendix in these consolidated appeals. Cause appearing, the motion is granted. Appellant shall have 5 days from the date of this order to file and serve the opening brief and supplemental appendix. Because this appeal concerns child custody, no further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Nos. 39160/42003 [05-13544]
07/15/2005BriefFiled Reply Brief. Nos. 39160/42003 (05-14185).
07/15/2005AppendixFiled Appendix to Reply Brief. Nos. 39160/42003 (05-14186).
07/19/2005TranscriptFiled Transcript. Proceedings: 1/29/1999. Court Reporter: Ana Untalan. Nos. 39160/42003 [05-14334]
07/22/2005TranscriptFiled Transcript. Partial Transcript. Proceedings: January 29, 1999. Court Reporter: Shelly Ajoub. Nos. 39160/42003. (05-14598)
12/19/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on February 8, 2006, at 9:00 a.m. (SNP06-WM/MG/JH) (Nos. 39160/42003)
01/23/2006Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 39160/42003)
02/08/2006Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH. Nos. 39160/42003.
07/20/2006Opinion/DispositionalFiled Per Curiam Opinion. Dismissed (No. 39160); affirmed (No. 42003). 'Affirmed.' Before Maupin, Gibbons and Hardesty, JJ. Author: Per Curiam. 122 Nev. Adv. Op. No. 75. SNP06. Nos. 39160/42003. 06-15055
08/09/2006Filing FeeReceived Filing Fee Paid on Filing. $150 from James S. Kent - check no. 214. Nos. 39160/42003.
08/09/2006Post-Judgment PetitionFiled Petition for Rehearing. Appellant's. Nos. 39160/42003 (06-16578).
08/10/2006Letter/IncomingFiled Letter. from attorney Allison L. Herr, Esq. requesting to have her name added as co-counsel in the above-referenced case. Nos. 39160/42003. (06-16689)
08/15/2006Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction on the original opinion: page 1, counsel for respondent. Nos. 39160/42003.
08/15/2006Notice/OutgoingIssued Letter. to Allison L. Herr, Esq. from Cay Jordan, Editor. Your firm name and name will be added to the counsel line for the Respondent. Nos. 39160/42003.
09/26/2006Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP06-WM/MG/JH. Nos. 39160/42003. 06-19731
10/10/2006Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Appellant's. Nos. 39160/42003 (06-20688).
10/24/2006RemittiturIssued Remittitur. 06-20923
10/24/2006Case Status Update Remittitur Issued/Case Closed.
11/01/2006Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. "ORDER the petition DENIED." EN BANC. Nos. 39160/42003 06-22314
11/03/2006RemittiturFiled Remittitur. Received by County Clerk on October 26, 2006. 06-20923