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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE: GUARDIANSHIP OF SOSA C/W 45415

Case Information: 43919
Short Caption:IN RE: GUARDIANSHIP OF SOSA C/W 45415Court:Supreme Court
Consolidated:43919*, 45415 Related Case(s): 45415 , 46432 , 47306
Lower Court Case(s):Clark Co. - Eighth Judicial District - J87850Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:12/12/2005 at 11:00 AMOral Argument Location:Regional Justice Center
Submission Date:12/12/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/13/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Clark County Legal Services--check no. 8607.
09/13/2004Notice 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.) 04-16697
09/22/2004Notice/OutgoingIssued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 90 days.
09/28/2004Docketing StatementFiled Docketing Statement. 04-17911
10/05/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 07/08/04. To Court Reporter: Lynn Hughes. Issued Notice to Provide Proof of Service. 04-18384
10/05/2004Notice/IncomingFiled Proof of Service. of Request for Transcript of Proceedings. 04-18385
10/11/2004Notice/IncomingFiled Proof of Service. Certificate of Service for Request for Transcript of Proceedings. 04-18773
10/21/2004TranscriptFiled Transcript. Proceedings: July 8, 2004. Court Reporter: Alice Eastgate. 04-19471
12/20/2004BriefFiled Opening Brief. 04-23112
12/20/2004AppendixFiled Appendix to Opening Brief. 04-23113
12/21/2004BriefFiled Opening Brief. Original and additonal copy. 04-23112
01/18/2005MotionFiled Motion to Extend Time. 05-01017
01/31/2005BriefReceived Answering Brief. 05-02013
01/31/2005AppendixReceived Appendix to Answering Brief. 05-02014
02/01/2005Order/ProceduralFiled Order Granting Motion. filed January 18, 2005. The clerk shall file the answering brief and appendix to answering brief received on January 31, 2005. Appellant shall have 30 days from the date of this order to file a reply brief, if deemed necessary. 05-02059
02/01/2005BriefFiled Answering Brief. 05-02013
02/01/2005AppendixFiled Appendix to Answering Brief. 05-02014
02/28/2005BriefFiled Reply Brief. 05-03844
05/18/2005MotionFiled Motion. Motion for Expedited Decision. 05-09687
05/26/2005Order/ProceduralFiled Order. Expediting Appeal. Appellant has filed a motion requesting that the court expedite its decision in this appeal. The court will expedite its decision in this matter to the extent that its docket permits. 05-10422
06/15/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP05-RR/MG/JH 09/28/05 ORDER: DISPOSITIONAL ORDER FILED 06/15/05 VACATED.jcr 05-11708
06/30/2005MotionFiled Motion to Extend Time. Amended Motion for Extension of Time to Petition the Supreme Court for Rehearing. 05-12990
07/13/2005Order/ProceduralFiled Order Granting Motion. filed June 30, 2005. Appellant shall have until August 4, 2005, to file and serve the petition. 05-13926
08/08/2005Post-Judgment PetitionFiled Petition for Rehearing. Appellant's Petition for Rehearing; Motion for Consolidation with Appeal No. 45415; and Motion for Oral Argument. 05-15683
08/08/2005MotionFiled Motion. The Nevada Trial Lawyers Association, Culinary Workers' Union Local #226, and the Thomas and Mack Clinic of the William Boyd School of Law. 05-15688
08/08/2005BriefReceived Amicus Brief. Amicus Curiae Brief of the The Nevada Trial Lawyers Association, Culinary Workers' Union Local #226, and the Thomas and Mack Clinic of the William Boyd School of Law in Support of the Petition for Rehearing. 05-15689
08/09/2005Filing FeeReceived Filing Fee Paid on Filing. $150 from Beckley Singleton--check no. 210372.
08/15/2005Order/ProceduralFiled Order. appellant has petitioned this court for rehearing of the Order of Affirmance entered by a panel of this court on June 15, 2005. Having reviewed the petition, it appears that an answer will assist the court in resolving the issues presented. Accordingly, respondent shall have 15 days from the date of this order within which to file and serve an answer to the petition. See NRAP 40. We defer ruling on all other pending matters. 05-16081
08/30/2005Post-Judgment PetitionFiled Answer to Petition for Rehearing. 05-17192
09/28/2005Post-Judgment OrderFiled Order/Rehearing Granted. Granting Rehearing, Vacating Decision in Docket No. 43919, Consolidating Appeals, Establishing Briefing Schedule and Setting Oral Argument. We grant the petition for rehearing and vacate the Order of Affirmance entered by a panel of this court on June 15, 2005 in No. 43919. We grant appellant's motion to consolidate. Briefing for No. 45415: file the opening brief on or before October 11, 2005; answering brief due 20 days from service of the opening brief; reply brief due 10 days from service of the answering brief. No extensions of time will be permitted. We grant the motion to file an amicus brief in No. 43919. The clerk shall file amicus brief received on August 8, 2005. Respondent may file a brief in response to the amicus brief no later than 30 days from the date of this order. Oral argument is scheduled for December 12, 2005, at 10:00 a.m. in Las Vegas for 30 minutes. fn2[Appellant's motion for oral argument in support of rehearing is denied.] Nos. 43919/45415. (05-19267) 05-19267
09/28/2005BriefFiled Amicus Brief. Amici Curiae Brief of the Nevada Trial Lawyers Association, Culinary Workers' Union Local #226, and the Thomas and Mack Clinic of the William S. Boyd School of Law in Support of the Petition for Rehearing in No. 43919. (Brief filed in No. 43919 only). Nos. 43919/45415. (05-15689) 05-15689
10/11/2005Notice/IncomingFiled Notice of Association of Counsel. Deputy District Attorney Robert E. Griffy as counsel for State of Nevada. Nos. 43919/45415 05-20047
10/17/2005BriefFiled Opening Brief. Appellant in 45415. Nos. 43919/45415. 05-20529
10/17/2005AppendixFiled Appendix to Opening Brief. Appellant in 45415. Nos. 43919/45415. 05-20530
10/26/2005Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 30 minutes on December 12, 2005, at 11:00 a.m. (SNP06-WM/MG/JH) (Nos. 43919/45415)
11/01/2005BriefFiled Answering Brief. Respondent's Reply to Amicus Brief in 43919. Nos. 43919/45415. 05-21485
11/09/2005BriefFiled Answering Brief. Respondent in 45415. Nos. 43919/45415. 05-22133
11/09/2005AppendixFiled Appendix to Answering Brief. Respondent in 45415. Nos. 43919/45415. 05-22134
11/21/2005MotionFiled Motion to Extend Time. Appellant Maria Lope's Motion for Additional Time in which to File and Serve her Reply Brief. Nos. 43919/45415. (05-22961) 05-22961
11/22/2005Order/ProceduralFiled Order Granting Motion. Reply brief due: November 28, 2005. Nos. 43919/45415. (05-23047) 05-23047
11/28/2005Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 43919/45415
11/30/2005BriefFiled Reply Brief. Appellant in 45415. Nos. 43919/45415. 05-23491
11/30/2005MotionFiled Motion to Strike. Motion to Strike All or Portions of Respondents' Answering Brief and Respondent's Appendix in Case No. 45415. Nos. 43919/45415 05-23502
12/02/2005MotionFiled Response to Motion. Opposition to Motion to Strike All or Portions of Respondents' Answering Brief and Respondent's Appendix in Case No. 45415. Nos. 43919/45415 05-23603
12/09/2005Order/ProceduralFiled Order. As this court has considered the briefs and appendices in anticipation of the oral argument scheduled for December 12, 2005, we decline to strike any portion of the answering brief or appendix. We grant appellant's motion to the following extent. In resolving this appeal, we will disregard all documents in the appendix to the answering brief that were never introduced as evidence at the hearing below and all references to those documents in the answering brief. Nos. 43919/45415. (05-24076) 05-24076
12/09/2005MotionFiled Motion. Motion for Leave to File Supplemental Points and Authorities. Nos. 43919/45415 05-24135
12/12/2005Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP06-WM/MG/JH. Nos. 43919/45415
12/16/2005MotionFiled Motion for Stay. Emergency Motion for Temporary Stay of Adoption Proceedings or, in the Alternative, Petition for Extraordinary Relief. (Filed via fax.) Nos. 43919 and 45415(consolidated) and 46432 (not consolidated) 05-24540
12/19/2005Notice/IncomingFiled Affidavit. Supplemental Affidavit of Beau Sterling In Support of Emergency Motion for Temporary Stay of Adoption Proceedings or, in the Alternative, Petition for Extraordinary Relief. (Filed via fax.) Nos. 43919 and 45415(consolidated) and 46432 (not consolidated) 05-24551
12/19/2005Order/ProceduralFiled Order Granting Motion. for Temporary Stay and Directing Filing of Responses. We direct the respondents in No. 43919 and 45415 and the real parties in interest in No. 46432 to file responses to the motion/petition within 10 days from the date of this order. We temporarily stay the adoption hearing scheduled in Eighth Judicial District Court Case No. D342547 on December 20, 2005, pending receipt of response to the motion/petition for a stay and pending further order of this court. Nos. 43919/45415 (consolidated) and No. 46432 (not consolidated). Nos. 43919/45415 (consolidated) (05-24641) and No. 46432 (not consolidated). 05-24641
12/27/2005MotionFiled Response to Motion. (In Response to Order). Respondent Division of Child and Family Services' Response to Motion/Petition for Stay. Nos. 43919/45415 (consolidated) and 46432 (not consolidated). 05-25114
12/29/2005MotionFiled Response to Motion. Opposition to Emergency Motion for Temporary Stay of Adoption, or in the Alternative, Petition for Extraordinary Relief. Nos. 43919/45415 (consolidated) and 46432 (not consolidated). 05-25337
01/03/2006MotionFiled Response to Motion. Prospective Adoptive Parents of the Minor, N.S.'s Response to the Appellant's Emergency Motion for Temporary Stay of Adoption, or in the Alternative, Petition for Extraordinary Relief. Nos. 43919/45415 (consolidated) and 46432 (not consolidated). 06-00147
01/05/2006MotionFiled Motion for Permission to File Document. Motion for Leave to File a Reply in Support of Emergency Motion for Temporary Stay. Nos. 43919/45415 (consolidated) and 46432 (not consolidated). 06-00240
01/10/2006Order/ProceduralFiled Order Granting Motion. On December 9, 2005, appellant moved for leave to file supplemental authorities. fn1[Appellant's motion includes the supplemental authorities. A proposed document should not be included in the motion for leave to file the document.] We grant the unopposed motion. Nos. 43919/45415. (06-00610) 06-00610
01/13/2006Order/ProceduralFiled Order. Directing Compliance with NRAP 21. These are consolidated appeals. We lack jurisdiction over these appeals. We conclude that judicial economy would be best served by permitting them to proceed as original petitions for writs of mandamus under NRAP 21 and NRS Chapter 34. The opening brief and appendix shall be treated as the petition, the answering brief as an answer and the reply shall be considered as an authorized reply. Some procedural requirements must first be met to comply with the requirements of NRAP 21(a) and NRS 34.170. Affidavit in support of her position from appellant Maria L. due: 10 days. Maria and respondent shall have 10 days to serve copies of their respective briefs and appendices upon the district judge and file proof of service with this court. Once these procedural requirements are met, the court clerk shall modify the captions on these cases to reflect that they are consolidated petitions for writs of mandamus. Nos. 43919/45415. (06-01002) 06-01002
01/20/2006Notice/IncomingFiled Proof of Service. from respondent per 01/13/06 order: service of briefs/appendices on district judge. Nos. 43919/45415. 06-01507
01/24/2006Notice/IncomingFiled Proof of Service. - Receipt of Copy of Respondent's Answering Brief and Appendix served on District Court Judge (submitted by the Clark County District Attorney's Office-Juvenile Division). Nos. 43919/45415. 06-01726
01/26/2006Notice/IncomingFiled Proof of Service. from appellant per 1/13/06 order. Receipt of Copy of affidavit and briefs on district judge. Nos. 43919/45415. 06-02011
01/26/2006Notice/IncomingFiled Affidavit. Affidavit of Maria Lopez in Support of Petition for Writs of Mandamus. Nos. 43919/45415. 06-02020
03/16/2006Opinion/DispositionalFiled Authored Opinion. These are consolidated cases. "Petitions granted." We direct the clerk to issue a writ of mandamus. fn19[We vacate the December 19, 2005, order granting a temporary stay of the adoption proceedings.] Before Maupin, Gibbons and Hardesty, JJ. Author: Gibbons, J. We concur: Maupin and Hardesty, JJ. 122 Nev. Adv. Opn. No. 27. SNP06. Nos. 43919/45415. 06-05645
03/16/2006WritIssued Writ. Original and one copy of writ and copy of opinion mailed to April S. Green for service upon Judge Gerald W. Hardcastle. (Nos. 43919/45415) 06-05668
03/27/2006Order/ProceduralFiled Order Denying Motion. as Moot. On March 16, 2006, we issued an opinion resolving these petitions and vacating the temporary stay. In light of our March opinion, we deny as moot petitioner's motion. We direct the clerk of this court to return, unfiled, petitioner's January 5, 2006 proposed reply. Nos. 43919/45415. 06-06357
03/27/2006Other Returned Unfiled Document. Reply in Support of Emergency Motion for Temporary Stay. Nos. 43919/45415 (consolidated) and 46432 (not consolidated). 06-00243
03/27/2006WritFiled Writ. Served on Judge Gerald W. Hardcastle on March 21, 2006. Nos. 43919/45415. 06-05668
04/11/2006RemittiturIssued Remittitur. 06-06098
04/11/2006Case Status Update Remittitur Issued/Case Closed.
04/13/2006Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction on page 14 and 18 of the original majority opinion filed on March 16, 2006. Nos. 43919/45415
04/20/2006RemittiturFiled Remittitur. Received by County Clerk on April 13, 2006. 06-06098