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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE: PARENTAL RIGHTS AS TO BERGERON C/W 45518

Case Information: 47678
Short Caption:IN RE: PARENTAL RIGHTS AS TO BERGERON C/W 45518Court:Supreme Court
Consolidated: 45518 *, 47678
Lower Court Case(s):Clark Co. - Eighth Judicial District - D345027Classification:Civil Appeal - Family Law - Parental Termination
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:
Expedited

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/17/2006Filing Fee Filing Fee Waived.
07/17/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 06-14754
07/27/2006Filing Fee Filing Fee Waived.
07/27/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appellant Brittney Bergeron. (Docketing statement mailed to counsel for appellant.) 06-15591
08/01/2006Docketing StatementFiled Docketing Statement. Appellant Dep't of Family Services. 06-15959
08/08/2006Notice/OutgoingIssued Notice to Request Transcripts. Dep't. of Family Services.
08/14/2006Docketing StatementFiled Docketing Statement. Appellant Brittney Bergeron. 06-16950
08/16/2006Transcript RequestFiled Request for Transcript of Proceedings. Ex Parte Motion for Transcript and Order for Production of Transcript. Transcripts requested: 06/12/06, cont'd to 06/16/06. 06-17109
08/25/2006TranscriptFiled Transcript. Proceedings: 6/12/06 & 6/16/06 (one vol.) and 6/16/06. Court Reporter: Kathleen D. Amand. 06-17683
10/12/2006MotionFiled Motion. Motion for Extension of Time to File Opening Brief and to Consolidate Cases. Nos. 45518/47678 (06-21039). 06-21041
10/17/2006BriefFiled Opening Brief. Appellant Dep`t of Family Services, 06-21299
10/17/2006AppendixFiled Appendix to Opening Brief. 06-21300
11/20/2006MotionFiled Motion. for Extension of Time to File Responent's Brief and Motion to Withdraw. 06-23733
12/21/2006Order/ProceduralFiled Order. We consolidate these appeals for purposes of disposition. We grant Mr. Caruso's motion to withdraw as counsel for respondent Schmidt in No. 47678. Mr. Caruso remains counsel for respondent Schmidt in No. 45518. Mr. Caruso shall, within 10 days from the date of this order, file in No. 45518 either a motion to withdraw as counsel for respondent Schmidt or a notice that he remains counsel in that case. We establish the following parallel briefing schedules. In No. 45518, appellants shall have 30 days to file and serve their respective opening briefs and appendices. As respondent Kevin Bergeron is not represented by counsel, he shall not be permitted to file an answering brief. Pending the filing of a motion or notice by Mr. Caruso regarding his representation of respondent Schmidt, the due date for respondent's answering brief is suspended pending further order of this court. In No. 47678, we direct the clerk to file Bergeron's opening brief received on October 31, 2006. Bergeron shall have 10 days to file and serve an appendix to her opening brief. Respondent shall not be allowed to file an answering brief in that appeal. All transcripts requested in No. 45518 have been filed in this court. In No. 47678, if appellant Bergeron intends to rely on additional transcripts, she shall, within 10 days, file a transcript request or if Bergeron intends to rely on the transcripts requested by appellant DFT, she shall file a certificate that she will not be requesting additional transcripts. Nos. 45518/47678 – cases will be consolidated for purposes of disposition. 06-26203
12/21/2006BriefFiled Opening Brief. 06-22190
01/04/2007Notice/IncomingFiled Joinder. -Joinder in Appendix Filed by Co-Appellant Clark County Department of Family Services in 47678. Nos. 45518/47678 (07-00300).
01/04/2007Transcript RequestFiled Certificate of No Transcript Request. Nos. 45518/47678 (07-00303).
01/16/2007MotionFiled Motion. to File Untimely Motion to Withdraw and Motion to Withdraw. Nos. 45518/47678 (07-01068).
01/22/2007BriefFiled Opening Brief. Appellant Clark County Dept. of Family Services. Nos. 45518/47678 (07-01676).
01/22/2007AppendixFiled Appendix to Opening Brief. Appellant Clark County Dept. of Family Services. Nos. 45518/47678 (07-01677).
01/24/2007BriefFiled Opening Brief. Appellant Birttney Bergeron. Nos. 45518/47678 (07-01915).
01/24/2007AppendixFiled Appendix to Opening Brief. Appellant Birttney Bergeron. Nos. 45518/47678 (07-01917).
04/30/2007Order/ProceduralFiled Order. Mr. Caruso has filed a motion to withdraw as counsel for respondent Schmidt in Docket No. 45518. Cause appearing, we grant the motion. The clerk shall remove Mr. Caruso as counsel of record for respondent Schmidt in Docket No. 45518. Schmidt: 30 days to retain new counsel and cause new counsel to enter an appearance on her behalf. If respondent Schmidt does not intend to retain new counsel, she shall so inform this court in writing within the same time period. Nos. 45518/47678 (07-09547).
05/29/2007Letter/IncomingReceived Proper Person Letter. Letter asking Court to appoint counsel. Nos. 45518/47678. (07-11735)
08/09/2007MotionFiled Motion. by Appellant Brittney Bergeron Requesting a Decision on her Consoldated Appeals or in the Alternative an Expedited Briefing Schedule for Respondent Tamara Bergeron-Schmidt's Recently Appointed Attorney. Nos. 45518/47678 (07-17609).
08/21/2007MotionFiled Motion to Extend Time. (60 days) Nos. 45518/47678. (07-18508)
10/12/2007Order/ProceduralFiled Order. in the interest of judicial efficiency, we accept the district court's appointment of Mr. Tilman as counsel for Schmidt in these appeals. We direct the clerk to modify this court's docket in these appeals to reflect that Schmidt is now represented by Mr. Tilman. We will take no further action with respect to Schmidt's letter. Schmidt shall file her answering brief on or before October 22, 2007. If appellants deem reply briefs necessary, appellants shall file reply briefs within 10 days from service of Schmidt's answering brief. Any further requests to extend the time to file the answering brief will be looked upon with disfavor. A motion to extend the time to file the brief that does not demonstrate unforeseeable circumstances may be denied. Counsel's caseload will not be deemed such a circumstance. Nos. 45518/47678. (07-22542)
10/22/2007BriefFiled Answering Brief. Nos. 45518/47678 (07-23205).
11/05/2007BriefFiled Reply Brief. Appellant Brittney Bergeron's Reply Brief. No. 45518/47678 (07-24159).
11/20/2007Case Status Update Briefing Completed. Reply brief not filed by appellant Clark County. Nos. 45518/47678.
01/10/2008Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on March 3, 2008 at 10:30 a.m. (En Banc) Nos. 45518/47678. (08-00649)
02/19/2008Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 45518/47678. (08-03924)
02/19/2008Notice/IncomingFiled Notice. to the Court of Possible Resolution to the Case Regarding Respondent Tamara Schmidt FKA Tamara Bergeron. Nos. 45518/47678 (08-03949).
02/25/2008Order/ProceduralFiled Order Vacating Argument and Setting for Submission. Cause appearing, we hereby vacate the oral argument presently scheduled for March 3, 2008 at 10:30 a.m. Nos. 45518/47678. [08-04520]
02/26/2008Notice/IncomingFiled Status Report. Supplement to Status Report Regarding Pending Appeal of Termination of Parental Rights of Tamara Schmidt and Kevin Bergeron. Nos. 45518/47678. (08-04641)
03/18/2008Order/DispositionalFiled Order Dismissing Appeal. "We dismiss the appeal in Docket No. 45518 as moot as it relates to Tamara. We grant the motion and remand Docket No. 45518 to the district court for further consideration of DFS's petition seeking termination of Kevin's parental rights. We dismiss the appeal in Docket No. 47678 as moot." Fn4 [This order constitutes our final disposition in this matter.] Nos. 45518/47678. 08-06755
04/15/2008RemittiturIssued Remittitur. 08-08055
04/15/2008Case Status Update Remittitur Issued/Case Closed.
04/23/2008RemittiturFiled Remittitur. Received by County Clerk on April 17, 2008. 08-08055