| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 09/08/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Lukens & Kent, Chrtd.--check no. 3526. | | |
| 09/08/2003 | Notice of Appeal Documents | Filed 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
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| 09/12/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Nathaniel J. Reed. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 09/26/2003 | Docketing Statement | Filed Docketing Statement. | | 03-16143
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| 10/13/2003 | Notice/Outgoing | Letter. Nathaniel J. Reed. (docketing statement) | | |
| 10/14/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: November 13, 2003. | | 03-17035
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| 11/17/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: November 20, 2003. | | 03-19112
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| 11/24/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 03-19578
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| 12/04/2003 | Settlement Order/Procedural | Filed 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
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| 12/10/2003 | Order/Procedural | Filed 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) | | |
| 12/29/2003 | Transcript Request | Filed 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). | | |
| 01/02/2004 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Lukens & Kent. Nos. 39160/42003 (04-00121). | | |
| 01/28/2004 | Motion | Filed Motion. Affidavit in Support of Motion to Proceed on Appeal in Forma Pauperis. Nos. 39160/42003 [04-01854] | | |
| 03/01/2004 | Motion | Filed Motion to Extend Time. Nos. 39160/42003. [04-03869] | | |
| 03/15/2004 | Motion | Filed Response to Motion. Respondent's Objection to Apellant's Application to Proceed in Forma Pauperis. Nos. 39160/42003 (04-04858). | | |
| 03/26/2004 | Notice/Incoming | Filed Proof of Service. Affidavit in Support of Motion to Proceed on Appeal in Forma Pauperis). Nos. 39160/42003 (04-05735). | | |
| 09/10/2004 | Order/Procedural | Filed 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) | | |
| 09/21/2004 | Order/Incoming | Filed 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] | | |
| 10/22/2004 | Motion | Filed Motion to Extend Time. Nos. 39160/42003 (04-19607). | | |
| 11/08/2004 | Order/Clerk's | Filed 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) | | |
| 11/29/2004 | Motion | Filed Motion to Extend Time. Motion for Extension of Time to Prepare Transcripts. Nos. 39160/42003. (04-21707) | | |
| 12/15/2004 | Order/Procedural | Filed 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) | | |
| 12/20/2004 | Transcript | Filed 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]: | | |
| 12/27/2004 | Motion | Filed Motion to Extend Time. Nos. 39160/42003. [04-23461] | | |
| 01/03/2005 | Transcript | Received Transcript. Transcripts dated: June 11, 2003 and June 16, 2003. Court Reporter: Shelly Ajoub. Nos. 39160/42003. (05-00070) (filed in case no. 39160) | | |
| 01/19/2005 | Order/Procedural | Filed 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) | | |
| 01/19/2005 | Transcript | Filed Transcript. Proceedings: Wednesday, June 11, 2003 and Monday, June 16, 2003. Court Reporter: Shelly A. Ajoub. Nos. 39160/42003. | | |
| 01/24/2005 | Transcript | Filed Transcript. Proceedings: 11/29/01 and 05/15/03 (SEALED) Court Reporter: Shelly Ajoub. Nos. 39160/42003 (05-01467). - placed in file no. 39160 | | |
| 02/11/2005 | Motion | Filed Motion to Extend Time. Appellant's First Motion for Extension of Time to file Opening Brief. Nos. 39160/42003. (05-02823) | | |
| 02/22/2005 | Order/Procedural | Filed 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). | | |
| 03/04/2005 | Motion | Filed Motion to Extend Time. Appellant's Second Motion for Extension of Time to file Opening Brief. Nos. 39160/42003. (05-04324) | | |
| 03/04/2005 | Transcript Request | Filed 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) | | |
| 03/11/2005 | Transcript | Filed Transcript. Proceedings: 4/2/01 and 4/10/01.(SEALED) Court Reporter: Shelley Ajoub. Nos. 39160/42003 | | |
| 03/28/2005 | Order/Procedural | Filed 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) | | |
| 04/06/2005 | Brief | Filed Opening Brief. Nos. 39160/42003 (05-06773). | | |
| 04/06/2005 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 7. Nos. 39160/42003 (05-06774). | | |
| 04/06/2005 | Motion | Filed Motion. Appellant's Request for Exhibits and Temporary Protective Order Case Records to be Transmitted to the Supreme Court. Nos. 39160/42003 (05-06775). | | |
| 04/08/2005 | Notice/Incoming | Filed Notice of Change of Address. James Kent. Nos. 39160/42003 (05-06852). | | |
| 04/25/2005 | Motion | Filed Motion to Extend Time. Nos. 39160/42003 (05-08101). | | |
| 06/01/2005 | Brief | Received Answering Brief. Nos. 39160/42003 (05-10709). | | |
| 06/01/2005 | Appendix | Received Appendix to Answering Brief. Vols. 1 through 3. Nos. 39160/42003 (05-10710). | | |
| 06/17/2005 | Order/Procedural | Filed 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) | | |
| 06/17/2005 | Brief | Filed Answering Brief. Nos. 39160/42003. (05-10709) | | |
| 06/17/2005 | Appendix | Filed Appendix to Answering Brief. Volumes 1 through 3. Nos. 39160/42003. (05-10710) | | |
| 06/29/2005 | Motion | Filed Motion to Extend Time. Appellant's First Motion for Extension of Time to File Reply Brief and Supplemental Appendix. Nos. 39160/42003 (05-12917). | | |
| 07/08/2005 | Order/Procedural | Filed 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] | | |
| 07/15/2005 | Brief | Filed Reply Brief. Nos. 39160/42003 (05-14185). | | |
| 07/15/2005 | Appendix | Filed Appendix to Reply Brief. Nos. 39160/42003 (05-14186). | | |
| 07/19/2005 | Transcript | Filed Transcript. Proceedings: 1/29/1999. Court Reporter: Ana Untalan. Nos. 39160/42003 [05-14334] | | |
| 07/22/2005 | Transcript | Filed Transcript. Partial Transcript. Proceedings: January 29, 1999. Court Reporter: Shelly Ajoub. Nos. 39160/42003. (05-14598) | | |
| 12/19/2005 | Notice/Outgoing | Issued 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) | | |
| 01/23/2006 | Notice/Outgoing | Issued Oral Argument Reminder Notice. (Nos. 39160/42003) | | |
| 02/08/2006 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH. Nos. 39160/42003. | | |
| 07/20/2006 | Opinion/Dispositional | Filed 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
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| 08/09/2006 | Filing Fee | Received Filing Fee Paid on Filing. $150 from James S. Kent - check no. 214. Nos. 39160/42003. | | |
| 08/09/2006 | Post-Judgment Petition | Filed Petition for Rehearing. Appellant's. Nos. 39160/42003 (06-16578). | | |
| 08/10/2006 | Letter/Incoming | Filed 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) | | |
| 08/15/2006 | Notice/Outgoing | Issued Letter. to the Publishers from Cay Jordan, Editor. Correction on the original opinion: page 1, counsel for respondent. Nos. 39160/42003. | | |
| 08/15/2006 | Notice/Outgoing | Issued 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. | | |
| 09/26/2006 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP06-WM/MG/JH. Nos. 39160/42003. | | 06-19731
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| 10/10/2006 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Appellant's. Nos. 39160/42003 (06-20688). | | |
| 10/24/2006 | Remittitur | Issued Remittitur. | | 06-20923
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| 10/24/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 11/01/2006 | Post-Judgment Order | Filed 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
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| 11/03/2006 | Remittitur | Filed Remittitur. Received by County Clerk on October 26, 2006. | | 06-20923
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