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United States Court Cases

Nevada Supreme/Appellate Court Record

GUILLEN VS. GUILLEN

Case Information: 37495
Short Caption:GUILLEN VS. GUILLENCourt:Supreme Court
Lower Court Case(s):Churchill Co. - Tenth Judicial District - 27208Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/16/2003 / Begley, BrentSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:10/18/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/27/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Office of Rick Lawton Esq.--check no. 7660.
02/27/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 01-03651
03/15/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Hon. Mario G. Recanzone. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
04/10/2001Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Laurie Yott.
09/14/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-15573
09/14/2001Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
09/27/2001Docketing StatementFiled Docketing Statement. 01-16295
09/27/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 01-16326
10/03/2001Transcript RequestFiled Certificate of No Transcript Request. 01-16645
01/30/2002BriefFiled Opening Brief. Mailed on: 01/25/02. Signed by: Rick Lawton. 02-01979
02/26/2002BriefFiled Answering Brief. Mailed on: 02/22/02. Signed by: Mary E. Boetsch. 02-03569
02/26/2002AppendixFiled Appendix to Answering Brief. 02-03570
04/09/2002Case Status Update Briefing Completed. No reply brief filed.
04/19/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter. Nos. 37495/39107/39213. (02-07030) 02-07029
04/19/2002Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Nos. 37495/39107/39213. (02-07030) Stipulation to Dismiss Appeal STRICKEN by order 01/10/03. Nos. 37495/39107/39213. 02-07030
04/24/2002MotionFiled Motion. Application to Suspend Settlement Agreement and Assign Alternate Settlement Judge. Nos. 39107, 39213, 37495. The April 22, 2002 purported affidavit of appellant attached to the April 24, 2002 motion STRICKEN by order 01/10/03. Nos. 37495/39107/39213. 02-07252
05/03/2002MotionFiled Response to Motion. Opposition to Application to Suspend Settlement Agreement and Assign Alternate Settlement Judge; Motion to Strike. Nos. 39107/39213/37495. 02-07836
05/14/2002MotionFiled Response to Motion. Opposition to Motion to Strike and Request for Permission to File Reply to Respondent's Opposition. Nos. 39107/39213/37495 02-08476
11/01/2002MotionFiled Motion. Request for Ruling on the Record. 02-18889
01/10/2003Order/ProceduralFiled Order. On April 19, 2002, the parties filed a stipulation to dismiss these appeals pursuant to the NRAP 16 settlement conference held in this matter. On April 24, 2002, appellant filed a motion to suspend the settlement agreement and assign a new settlement judge. Attached to appellant's motion is a purported affidavit of appellant. Respondent filed an opposition and motion to strike appellant's motion. We grant the motion to strike, in part. The clerk of this court shall strike the April 22, 2002 purported affidavit of appellant, attached to the April 24, 2002 motion. Respondent requests this court to suspend the application of NRAP 16(h), allowing him to respond to appellant's motion. A response is not necessary. We elect to treat appellant's motion to suspend settlement agreement as a motion to withdraw the stipulation to dismiss, and we grant the motion. fn1[We deny as moot appellant's May 14, 2002, motion for leave to file a reply.] The clerk of this court shall strike the stipulation to dismiss filed on April 19, 2002. We refuse to set aside or invalidate any settlement agreement appellant entered into during the settlement conference. We grant appellant's motion to assign a new settlement judge. The clerk of this court shall issue a notice assigning these appeals to a new settlement judge. Nos. 376495/39107/39213-cases are not consolidated. 03-00502
01/16/2003Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Brent Begley.
06/18/2003Settlement Program ReportFiled Interim Settlement Program Report. Settlement Judge recommends that the Court consider withdrawing these cases from the settlement process. 03-10161
08/06/2003Order/ProceduralFiled Order. Removing Appeals from Settlement Program, Consolidating Appeals and Reinstating Briefing. We consolidate these appeals for all appellate purposes. See NRAP 3(b). Pursuant to the written request of the settlement judge and good cause appearing, these consolidated appeals are removed from the settlement conference program. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. The briefing of the appeal in Docket No. 37495 was initially reinstated on September 27, 2001, after the parties were unable to agree to a settlement. fn1[Docket No. 37495 was reassigned to the settlement conference program on January 10, 2003, upon appellant's motion, so that the issues raised in Docket No. 37495 could be addressed at the settlement conference scheduled for Docket No. 39107 and Docket No. 39213.] Appellant did not file a reply brief in Docket No. 37495. We elect to treat the failure to file a reply brief as a waiver of the right to file a reply brief in Docket No. 37495. See NRAP 28(c). Accordingly, we conclude that the briefing in Docket No. 37495 is completed. Appellant shall have 15 days from the date of this order to file in Docket No. 39107 and Docket No. 39213 either a transcript request form or a certificate indicating that no transcripts are being requested. See NRAP 9(a). Appellant shall have 120 days from the date of this order to file and serve a single opening brief and appendix, addressing the issues raised Docket No. 39107 and Docket No. 39213. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 37495/39107/39213. (03-13161) 03-13161
08/25/2003Transcript RequestFiled Certificate of No Transcript Request. Nos. 37495/39107/39213. 03-14254
12/01/2003MotionFiled Motion to Extend Time. Filed in 39107 and 39213 only. Nos. 37495/39107/39213 (03-19962).
12/08/2003Order/Clerk'sFiled Clerk's Order Granting Motion. On August 6, 2003, this court entered an order "concluding that the briefing in Docket No. 37495 is completed." Appellant has filed a motion for an extension of time to file the opening brief. Appellant shall have until December 15, 2003, to file and serve a single opening brief and appendix in Docket No. 39107 and Docket No. 39213. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 37495/ 39107/ 39213. (03-20342) 03-20342
12/19/2003Order/ProceduralFiled Order Granting Motion. On December 17, 2003, appellant filed a motion requesting a second extension of time to file the opening brief in Docket Nos. 39107 and 39213. Appellant shall have until January 5, 2004, to file and serve the opening brief and appendix. 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. 37495/39107/39213. 03-21182
01/07/2004BriefFiled Opening Brief. (Filed in Nos. 39107 and 39213 only.) Nos. 37495/39107/39213 (04-00331).
01/07/2004AppendixFiled Appendix to Opening Brief. (Filed in case Nos. 39107/39213 only). Nos. 37495/39107/39213 (04-00332).
01/20/2004Order/ProceduralFiled Order. Denying Appellant's Request Re: Settlement Conference. On August 6, 2003, this court entered an order removing these appeals from the settlement conference program and reinstating briefing. Appellant, by means of the letter addressed to Justice Agosti attached hereto, has now requested that this court require that a settlement conference be held. Having reviewed the matter, we have determined that no relief from the August 6 order is warranted. Preliminary, we note that a request for relief must be made in the form of a motion and not by means of an informal letter addressed to the Chief Justice by one of the parties. Additionally, appellant's request is extremely untimely, coming almost 5 months after the settlement judge's report and more than 3 months after this court reinstated briefing. Finally, appellant is represented by counsel in this appeal and has not been granted permission to file documents in proper person. NRAP 46(b). Accordingly, we deny appellant's request to reassign these appeals to the settlement conference program. Briefing of this matter shall proceed in accordance with this court's prior orders. fn1[We note that our denial of appellant's request does not preclude the parties from participating in informal settlement negotiations on their own.] Nos. 37495/39107/39213. (04-01063) 04-01063
02/09/2004BriefFiled Answering Brief. (Filed in 39107 and 39213 only). Nos. 37495/39107/39213 (04-02516).
02/09/2004AppendixFiled Appendix to Answering Brief. (Filed in 39107 and 39213 only). Nos. 37495/39107/39213 (04-02517).
02/19/2004MotionFiled Motion and Order Extending Time. Brief due: March 18, 2004 (file in 39107 and 39213 only.) Nos. 37495/39107/39213. (03-03244) 04-03244
04/29/2004Case Status Update Briefing Completed. No reply brief filed.
05/13/2004Order/ProceduralFiled Order. Order Deconsolidating Appeal in Docket No. 37495 from Appeals in Docket Nos. 39107 and 39213. On August 6, 2003, this court entered an order consolidating these appeals because they involve the same parties and appear to raise related issues. Upon further review of these appeals, it appears that, in interest of judicial efficiency, Docket No. 37495 should not be consolidated with Docket Nos. 39107 and 39213. Docket No. 37495 is an appeal from an order entered in the Third Judicial District Court concluding, among other things, that the court lacked jurisdiction to hear appellant's complaint seeking reformation of the parties' divorce decree that was entered in the Second Judicial District Court in October, 1998. The appeals in Docket Nos. 39107 and 39213, on the other hand, are taken from subsequent orders entered in the Second Judicial District Court denying appellant's motion to modify divorce decree and motion to set aside divorce decree. Accordingly, we deconsolidate the appeal in Docket No. 37495 from the appeals in Docket Nos. 39107 and 39213. No. 37945 no longer consolidated with Nos. 39107 and 39213. 04-08885
10/18/2004Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 04-19192
10/18/2004Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP04-NB/DA/MG
12/21/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP04-NB/DA/MG 04-23258
01/18/2005RemittiturIssued Remittitur. 05-00740
01/18/2005Case Status Update Remittitur Issued/Case Closed.
01/18/2005Notice/IncomingFiled Notice. Attorney Rick Lawton. 05-01119
01/28/2005RemittiturFiled Remittitur. Received by County Clerk on January 19, 2005. 05-00740