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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 37784
Lower Court Case(s):Clark Co. - Eighth Judicial District - A372673Classification:Civil Appeal - Family Law - Proper Person
Disqualifications:BeckerCase Status:Disposition Filed/Case Closed
Replacement:Justice Agosti for Justice BeckerPanel Assigned: Panel
To SP/Judge:05/04/2001 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:12/10/2001How Submitted:On Record

+ Party Information

Docket Entries
04/26/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from J. Michael Schaefer--check no. 2095.
04/26/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 01-07076
04/26/2001OtherDisqualification of Justice Becker. Sat in district court proceedings.
05/03/2001Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: April 30, 2001. 01-07455
05/04/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
06/04/2001MotionFiled Motion to Dismiss Appeal. 01-09247
06/11/2001Settlement Program ReportFiled Interim Settlement Program Report. Respondents have filed a Motion to Dismiss Appeal alleging inter alia, a jurisdictional defect. The Settlement Judge recommends this matter be removed from the settlement conference program pending a decision on Respondent's Motion to Dismiss Appeal. 01-09696
06/11/2001MotionFiled Motion. Motion for Procedural Relief Re: Case Appeal Statement. 01-09716
06/11/2001MotionFiled Response to Motion. Opposition to Respondent Motion to Dismiss Appeal. 01-09717
07/12/2001Order/ProceduralFiled Order. Pursuant to the written request of the settlement judge, and good cause appearing, this appeal is removed from the settlement conference program pending a decision on respondents' motion to dismiss this appeal for lack of jurisdiction. 01-11877
08/29/2001Order/ProceduralFiled Order. Order Denying Motion to Dismiss and Directing Appellant to Retain Counsel. We do not condone the untimely filing of the case appeal statement. fn4[As appellant's case appeal statement has already been filed, his motion for procedural relief, filed on June 11, 2001, is denied as moot.] But as the filing of the case appeal statement is not jurisdictional, we are not persuaded that the untimely filing of the case appeal statement is grounds for dismissal of this appeal. Respondents have not demonstrated that dismissal of this appeal is warranted, and jurisdiction appears proper. The motion to dismiss is denied. Appellant has been proceeding as a Nevada attorney representing himself. fn7[Because appellant was a member of the Nevada bar, his submissions were filed with this court. We note that any future submissions from appellant personally must be treated as proper person submissions.] On June 21, 2001, appellant was disbarred. We direct appellant to obtain new counsel and to cause new counsel to file a notice of appearance with this court within 30 days of the date of this order. New counsel will be expected to participate in the settlement conference program. If appellant fails to obtain new counsel within the stated time, then this case shall be processed as a proper person appeal. 01-14599
11/09/2001Order/ProceduralFiled Order/Transmit Record and Directing Response. On August 29, 2001, we directed appellant to retain new counsel, and to cause counsel to file a notice of appearance with this court. To date, appellant has failed to respond to our order, and so this case shall be processed as a proper person appeal. Original record due: 30 days. fn3[The record shall not include any exhibits filed in the district court.] 01-18733
12/10/2001Record on Appeal DocumentsFiled Record on Appeal. Volumes 1 through 4. 01-20708
12/10/2001Case Status Update Submitted for Decision.
07/22/2002Letter/IncomingFiled Letter. from court reporter Lisa Makowski re: transcripts requested by J. Michael Schaefer in this case. 02-12491
09/12/2002Notice/IncomingFiled Notice. Notice of Bankruptcy. 02-15903
12/06/2002Order/ProceduralFiled Order/Status Report. Order Regarding Status of Bankruptcy Stay. This appeal shall be held in abeyance on this court's docket during the stay's duration. Appellant shall inform this court of the status of the bankruptcy proceedings, insofar as the automatic stay is concerned, within 90 days from the date of this order, and each ninety days thereafter until further order of this court. When the stay is lifted or the bankruptcy proceedings terminate, appellant shall notify this court of that fact within 30 days. 02-20903
10/15/2003Order/ProceduralFiled Order. Regarding Transcript and Briefing Schedule. Appellant shall have 10 days from this order's date to file a transcript request form or a certificate of no transcript request under NRAP 9. Appellant shall pay to the court reporter(s) the costs of transcript preparation. fn4[See NRAP 9(a) & (b)2.] The clerk of the district court shall have 10 days from the date the transcript is filed in the district court to transmit to the clerk of this court a certified copy of the transcript as a supplemental record on appeal. fn5[NRAP 11(b).] We grant appellant's request for imposition of a briefing schedule. fn6[See NRAP 46(b).] Appellant shall have 70 days from this order's date to file the opening brief. Briefing shall then proceed in accordance with NRAP 31(a)(1). fn7[As this appeal is no longer subject to an 11 U.S.C. sec. 362(c) bankruptcy stay, we shall allow the appeal to proceed.] 03-17149
11/21/2003Letter/IncomingFiled Letter. Couresty copy of letter sent to Mr. Schaefer reagarding payment of transcripts from Court Reporter Mary Beth Cook. 03-19456
12/17/2003Order/DispositionalFiled Voluntary Dismissal. This is a proper person appeal from a district court judgment, an order denying a motion for new trial, and an award of attorney fees and costs in a tort case. On December 5, 2003, appellant submitted a document 'voluntarily dismissing this appeal.' We construe the document as a motion to dismiss this appeal, and we grant the motion. ' Order Dismissing Appeal.' fn1[NRAP 42(b); NRAP 46(b). In light of this order, we vacate the briefing schedule and transcript preparation requirements established in our October 15, 2003 order.] The parties shall bear their own appellate costs and attorney fees. NNP04S-DA/MS/MG 03-20986
12/17/2003Case Status Update Case Closed. No remittitur issued.
01/02/2004RemittiturIssued Return Letter. Returned Record on Appeal, Vols. 1 through 4 this day. 04-00097
01/21/2004RemittiturFiled Letter: Entered Receipt for Documents. Received by County Clerk onJanuary 6, 2004. 04-00097