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United States Court Cases

Nevada Supreme/Appellate Court Record

KONICKE VS. GLOMB C/W 39957

Case Information: 39956
Short Caption:KONICKE VS. GLOMB C/W 39957Court:Supreme Court
Consolidated:39956*, 39957 Related Case(s): 39957
Lower Court Case(s):Clark Co. - Eighth Judicial District - D198998Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:07/30/2002 / Segel, M.SP Status:Completed
Oral Argument:06/08/2004 at 11:30 AMOral Argument Location:Carson City
Submission Date:06/08/2004How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/22/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Offices of Patricia L. Vaccarino--check no. 2299.
07/22/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. --SEALED-- Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.)
07/30/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: M. Nelson Segel. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/06/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Randall J. Roske - check no. 2553 for cross-appeal.
08/06/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. --SEALED -- (Docketing statement mailed to counsel for cross-appellant.)
08/06/2002Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
08/12/2002Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 02-13764
08/13/2002Notice/Outgoing Letter. M. Nelson Segel. (Notice of Cross-Appeal and Docketing Statement)
09/11/2002Order/ProceduralFiled Order. Appellant/cross-respondent shall, within 10 days from the date of this order, file and serve the docketing statement. (Docketing statement mailed to counsel for appellant/cross-respondent.) 02-15688
09/23/2002Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 02-16495
09/24/2002Notice/Outgoing Letter. M. Nelson Segel. (Docketing statement of Appellant-Cross Respondent)
10/15/2002Notice/IncomingFiled Notice of Association of Counsel. Robert P. Dickerson associates with Patricia Vaccarino as co-counsel for respondent/cross-appellant Andrew Glomb. 02-17853
10/18/2002Notice/Outgoing Letter. M. Nelson Segel. (Association of Counsel)
12/20/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-21854
01/10/2003MotionFiled Motion to Consolidate. Nos. 39956 and 39957. 03-00531
01/17/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. Consolidating Appeals and Reinstating Briefing. The appeals in Docket No. 39956 and Docket No. 39957 shall be consolidated for all appellate purposes. The parties were unable to agree to a settlement in these appeals. We reinstate the time deadlines for requesting transcripts and filing briefs. The parties shall each have 15 days to comply with NRAP 9(a). Because these appeals involve issues pertaining to child custody, Ms. Konicke shall have 90 days to file and serve the opening brief and appendix on appeal for Docket No. 39956. Mr. Glomb shall have 20 days from service of the opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal in Docket No. 39956 and opening brief on appeal in Docket No. 39957. Ms. Konicke shall have 10 days from service of Mr. Glomb's combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal in Docket No. 39956 and answering brief on appeal in Docket No. 39957. Mr. Glomb shall have 10 days from service of Ms. Konicke's combined brief to file and serve a combined reply brief on cross-appeal in Docket No. 39956 and reply brief on appeal in Docket No. 39957. See NRAP 31(a)(2). Nos. 39956/39957. (03-00960) 03-00960
02/06/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/01/01, 11/02/01, 11/08/01, 03/07/02. To Court Reporter: Transcript Services. Nos. 39956/39957. 03-02129
02/14/2003Notice/IncomingFiled Proof of Service. to Request for Transcripts filed 02/06/03. Nos. 39956/39957. 03-02579
03/05/2003TranscriptFiled Transcript. Proceedings: 11/01/01; 11/02/01; and 11/08/01.Court Reporter: Biljana Dokic. Nos. 39956/39957. SEALED. 03-03699
03/06/2003Order/ProceduralFiled Order. To date, Andrew Glomb, respondent/cross-appellant in Docket No. 39956 and appellant in Docket No. 39957, has failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. Mr. Glomb shall, within 10 days from the date of this order, file and serve the appropriate document. Nos. 39956/39957. (03-03841) 03-03841
03/17/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: April 8, 1996, May 16, and 20, 1996, July 8, 1996, May 9, 1997, August 15, 1997, April 23, 2001, June 12, 2001 September 12, 2001, Ocotber 29, 2001, and November 1, 2, and 8, 2001. To Court Reporter: Transcripts Services. Nos. 39956/39957. 03-04485
04/16/2003Letter/IncomingReceived Proper Person Letter. Letter from Appellant/Cross-Respondent informing the court that she can no longer afford her attorney and would like permission to represent herself and file an opening brief. Nos. 39956/39957. 03-06514
04/18/2003Notice/IncomingFiled Substitution of Attorneys. Cynthia Konicke representing herself in proper person in place of Randall J. Roske. Nos. 39956/39957 03-06678
05/01/2003TranscriptFiled Transcript. Proceedings: 04/08/96; 05/20/96; 07/08/96; 05/09/97; and 08/15/97. Court Reporters: Arlene Blazi and Alice Eastgate - SEALED. Nos. 39956/39957 03-07399
08/18/2003Order/ProceduralFiled Order. Re: Counsel and Transcripts. On April 16, 2003, Cynthia Konicke submitted a letter in these consolidated appeals stating that although she has paid her attorney Mr. Randall J. Roske in full to this point, she can no longer afford to pay her attorney. fn1[The clerk of this court shall file the letter received on April 16, 2003. See NRAP 46(b).] On April 18, 2003, Mr. Roske filed a substitution of attorney that attempts to substitute Ms. Konicke in place of himself as counsel for appellant. Because the substitution of attorney attempts to substitute a non-lawyer in the place of Mr. Roske, the substitution of attorney is of no effect. We elect to treat the substitution of attorney as a motion to withdraw as counsel for Ms. Konicke and we grant the motion. The clerk of this court shall remove attorney Randall J. Roske as counsel for Ms. Konicke. In her letter, Ms. Konicke also requests permission to file a proper person opening brief and appendix. NRAP 46(b). No good cause appearing, we deny the request. On February 6, 2003, and March 17, 2003, the parties filed transcript request forms requesting the production of transcripts conducted on October 29, 2001, and March 7, 2002. Video Transcript Services shall have 20 days from the date of this order to prepare and file the requested transcripts. If more time is needed, Video Transcript Services shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, Video Transcript Services shall notify this court, in writing, of this fact. No proceedings were conducted on May 16, 1996. Further, it appears that the transcripts for proceedings conducted on April 23, 2001, June 12, 2001, and September 12, 2001, were filed in the district court prior to the docketing of these appeals. Video Transcript Services need not produce the transcripts for proceedings conducted on these dates. To assist this court in resolving any issues that may pertain to Ms. Konicke's proper person appeal – Docket No. 39956 – the clerk of the district court shall, within 40 days from the date of this order, transmit to this court a certified copy of the complete trial court record, including any transcripts filed in the district court. Mr. Glomb shall have 60 days from the date of this order to file an opening brief that addresses all issues raised in his appeal in Docket No. 39957 and his cross-appeal in Docket No. 39956. In lieu of filing an appendix with his opening brief, Mr. Glomb may cite in his opening brief to the trial court record to be transmitted by the clerk of the district court. Upon the filing of Mr. Glomb's opening brief, briefing shall be completed in these consolidated appeals. Nos. 39956/39957. (03-13712) 03-13712
08/18/2003Other Incoming DocumentFiled Proper Person Document. Letter from Appellant/Cross-Respondent informing the court that she can no longer afford her attorney and would like permission to represent herself and file an opening brief. Nos. 39956/39957. (03-06514) 03-06514
08/28/2003Notice/IncomingFiled Notice of Appearance; Notice of Designated Attorney for Service of Process; and Request for New Briefing Schedule. Nos. 39956/39957. 11-28946
09/17/2003Record on Appeal DocumentsFiled Record on Appeal Copy. Vols. 1 through 20 (SEALED). Nos. 39956/39957. 03-15546
10/10/2003MotionFiled Motion. Respondent/Cross-Appellant's Motion to Confirm Briefing Schedule and for Damages for Delay Caused by Appellant/Cross-Respondent. Nos. 39956/39957. 03-16901
10/17/2003BriefFiled Opening Brief. Nos. 39956/39957. 03-17300
10/29/2003MotionFiled Motion. Motion to Clarify Briefing Schedule. Nos. 39956/39957 03-18067
11/07/2003Order/ProceduralFiled Order Denying Motion. and Resetting Briefing Schedule. On August 28, 2003, Gayle J. Hillner filed a notice of appearance on behalf of Ms. Konicke and a request for a new briefing schedule. On October 10, 2003, Andrew Glomb filed a motion to confirm the briefing schedule and motion for damages for delay. This appeal raises issues involving child custody and is therefore subject to an expedited briefing schedule. This court prefers to decide cases on their merits, whenever possible. Accordingly, we deny Mr. Glomb's motion to confirm the briefing schedule. Further, we conclude that the award of damages is not warranted. Accordingly, we also deny Mr. Glomb's motion for damages. On October 17, 2003, Mr. Glomb filed an opening brief addressing all issues raised in his cross-appeal in Docket No. 39956 and in his appeal in Docket No. 39957. On October 29, 2003, Ms. Konicke filed a motion requesting clarification of the briefing schedule. Cause appearing, we grant the motion to clarify the briefing schedule. Ms. Konicke shall have 30 days from the date of this order to file and serve a single, combined brief that includes an answering brief on cross-appeal in Docket No. 39956, answering brief on appeal in Docket No. 39957, and opening brief on appeal in Docket No. 39956. Mr. Glomb shall have 20 days from service of Ms. Konicke's combined brief to file and serve a single, combined brief that includes reply brief on cross-appeal in Docket No. 39956, reply brief on appeal in Docket No. 39957, and answering brief on appeal in Docket No. 39956. Ms. Konicke shall have 10 days from service of Mr. Glomb's combined brief to file and serve a reply brief on appeal in Docket No. 39956, if deemed necessary. Because this appeal raises issues involving child custody, no extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. To date, Video Transcript Services has not filed the requested transcripts or responded to our August 18, 2003, order. Video Transcript Services shall have 10 days from the date of this order to file the transcripts for proceedings conducted on October 29, 2001, and March 7, 2002, or show cause why sanctions should not be imposed. Nos. 39956/39957. (03-18660) 03-18660
11/17/2003Notice/IncomingFiled Notice. Notice Regarding Previously Completed Transcripts. Nos. 39956/39957. 03-19074
12/09/2003BriefFiled Answering Brief. Appellant/Cross-Respondent's Opening Brief and Answering Brief. (Answering Brief on Cross-Appeal in 39956 and Answering Brief on Appeal in 39957 and Opening Brief in 39956.) Nos. 39956/39957. 03-20464
12/22/2003Order/ProceduralFiled Order. Regarding Transcripts. On November 7, 2003, this court entered an order in these consolidated appeals and cross-appeal that, among other things, directed Transcript Video Services to file the transcripts for proceedings conducted on October 29, 2001, and March 7, 2002. In light of Ms. Ajoub's notice, we vacate that portion of our November 7, 2003, order directing Video Transcript Services to file the October 29, 2001, and March 7, 2002, transcripts. Further, we note that the October 29, 2001, and March 7, 2002, transcripts were filed with this court as part of the record on appeal. Accordingly, we conclude that all requested transcripts have been filed. Nos. 39956/39957. (03-21202) 03-21202
01/05/2004BriefFiled Reply Brief. Respondent's (Andrew Glomb) Reply Brief and Answering Brief. (Reply Brief on cross-appeal in No. 39956, Reply Brief on appeal in No. 39957, and Answering Brief in No. 39956.) Nos. 39956/39957. 04-00240
01/16/2004BriefFiled Reply Brief on Cross-Appeal. (Cynthia Konicke). Nos. 39956/39957. 04-00984
04/26/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 8, 2004, at 11:30 a.m. (NNP04-NB/DA/MG) Nos. 39956/39957
05/03/2004MotionFiled Motion. Nos. 39956/39957. 04-08031
05/06/2004Order/ProceduralFiled Order Denying Motion. Counsel for Cynthia Konicke has filed a motion requesting this court to continue the oral argument of this matter. As grounds for the motion, counsel indicates that Ms. Konicke will not be able to attend the argument due to a conflict with her nursing school schedule. This court notes that Ms. Konicke's presence at oral argument is not required. Accordingly, we deny the motion to continue oral argument. Argument shall remain scheduled for June 8, 2004, at 11:30 a.m. in Carson City. Nos. 39956/39957. (04-08399) 04-08399
05/25/2004Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 39956 and 39957)
06/08/2004Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP04-NB/DA/MG. Nos. 39956/39957.
07/01/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP04-NB/DA/MG. Nos. 39956/39957. 04-12098
07/27/2004RemittiturIssued Remittitur. 04-12366
07/27/2004Case Status Update Remittitur Issued/Case Closed.
08/04/2004RemittiturFiled Remittitur. Received by County Clerk on July 29, 2004. 04-12366