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United States Court Cases

Nevada Supreme/Appellate Court Record

BARRY VS. LINDNER

Case Information: 38177
Short Caption:BARRY VS. LINDNERCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - DV0000491Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:07/27/2001 / Worrell, CarolynSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:06/17/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/16/2001Filing Fee Filing Fee due.
07/16/2001Notice 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.) 01-12091
07/16/2001Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
07/24/2001Letter/IncomingFiled Letter. from attorney Jeffrey Friedman enclosing copy of Motion to Proceed in Forma Pauperis filed in district court by appellant on July 11, 2001. 01-12512
07/26/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Jeffrey A. Barry (Albertsons M.O. No. 06429491185).
07/27/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/05/2001Order/ProceduralFiled Order. To date, appellant has failed to file the docketing statement. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement. Failure to file a complete and accurate docketing statement in a timely manner may result in the imposition of sanctions. (Docketing statement mailed to counsel for appellant.) 01-14939
09/17/2001Docketing StatementFiled Docketing Statement. 01-15706
09/19/2001Notice/Outgoing Letter. Carolyn Worrell.
03/26/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-05373
04/10/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. This court shall conduct a preliminary jurisdictional review of this appeal. Appellant: 15 days to comply with NRAP 9(a). Because this is a child custody matter, appellant shall have 90 days to file and serve opening brief and appendix. Respondent shall have 20 days after service of the opening brief to file and serve the answering brief. Appellant shall have 10 days after the service of the answering brief to file and serve the reply brief. 02-06371
04/26/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: not stated. To Court Reporter: Typewrite Services, Inc. 02-07440
05/13/2002Letter/IncomingFiled Letter. from Marjorie G. Davall of Typewrite Services requesting an extension of time to file the transcripts. 02-08394
05/15/2002Order/Clerk'sFiled Clerk's Order Granting Motion. On May 13, 2002, this court received a letter from Marjorie G. Duvall of Typewrite Services, Inc. The letter is treated as a motion. Typewrite Services, Inc. shall have until June 26, 2002, to file and serve the requested transcript. 02-08497
06/27/2002TranscriptFiled Transcript. Proceedings: March 29 and 30, 2001. Court Reporter: Marjorie G. Davall of Typewrite Services. 02-11051
08/12/2002Order/ProceduralFiled Order. To date, appellant has failed to file the opening brief and appendix. Appellant shall, within 15 days of the date of this order, file and serve the opening brief and appendix. Respondent shall within 20 days of service of the opening brief, file and serve the answering brief. Appellant may file a reply brief within 10 days of service of the answering brief. NRAP 31(a)(2). 02-13788
08/26/2002MotionFiled Motion to Extend Time. Motion for Extension of Time to File Appellant's Opening Brief and to File Remainder of Transcript and Amendment of Docketing Statement. 02-14668
09/04/2002MotionFiled Response to Motion. Opposition to Motion for Extension of Time to File Appellant's Opening Brief and to File Remainder of Transcript and Amendment of Docketing Statement. 02-15244
09/06/2002TranscriptFiled Transcript. Proceedings: March 30, 2001. Court Reporter: Cindy Lee Brown. 02-15420
09/09/2002MotionFiled Response to Motion. Reply re: Motions for Extension of Time to File Opening Brief and Remainder of Transcript and Amend Docketing Statement. 02-15541
09/11/2002MotionFiled Motion to Extend Time. 02-15763
09/16/2002MotionFiled Motion for Excess Pages. Motion to Allow Elongated Appendix. 02-16097
09/16/2002AppendixReceived Appendix. 02-16099
09/19/2002BriefReceived Opening Brief. Mailed on: 09/17/02. 02-16307
09/24/2002MotionFiled Motion to Dismiss Appeal. 02-16524
10/02/2002Notice/IncomingReceived Notice. Erratum to Appelant's Opening Brief. 02-17059
12/16/2002Order/ProceduralFiled Order. We grant the motion to file an appendix in excess of 250 pages. We also grant the motions for extensions of time to file the opening brief and appendix. The clerk of this court shall file the appendix received on September 16, 2002, the opening brief received on September 19, 2002, and the erratum to the opening brief received October 2, 2002. Respondent shall have 20 days from the date of this order to file and serve the answering brief to file and 10 days from service of the answering brief to file and serve the reply brief. We remind respondent that a motion to require an appealing party to file a bond or other security must be filed in the district court. We deny respondent's request to require appellant to post a bond on judgment. Because appellant filed a motion for an extension of time by the due date, we conclude that dismissal is not warranted under NRAP 31(c). We deny respondent's motion to dismiss. Appellant shall have 10 days from the date of this order to file and serve a supplement to the docketing statement that identifies the two additional issues on appeal. (Docketing statement mailed to counsel for appellant.) 02-21411
12/16/2002BriefFiled Opening Brief. Mailed on: 09/17/02. 02-16307
12/16/2002AppendixFiled Appendix to Opening Brief. 02-16099
12/16/2002Notice/IncomingFiled Errata. Erratum to Appellant's Opening Brief. 02-17059
12/20/2002Other Other. Filed Amendment to Docketing Statement. 02-21848
01/07/2003MotionFiled Motion to Extend Time. Motion for Extension to Submit Respondent's Answering Brief. 03-00322
01/10/2003Order/ProceduralFiled Order Granting Motion. filed January 7, 2003. Respondent shall have until February 6, 2003, to file and serve the answering brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-00520
02/07/2003BriefFiled Answering Brief. Mailed on: 02/05/03. 03-02258
02/07/2003Notice/OutgoingIssued Notice of Deficient Appendix. Returned Unfiled Respondent's Appendix. Corrected Appendix due 10 days.
03/04/2003Order/ProceduralFiled Order. The answering brief was filed on February 7, 2003. The appendix was returned, unfiled, with a notice of deficient appendix and directed respondent to file a corrected appendix by February 17, 2003. To date, respondent has failed to comply with the notice. Respondent shall, within 10 days from the date of this order, file and serve a corrected appendix. To date, appellant has failed to file the reply brief. Appellant shall, within 10 days, file and serve the reply brief, if deemed necessary. Failure to file a timely brief will be treated as a waiver of the right to file a reply brief. 03-03524
03/18/2003BriefFiled Reply Brief. Mailed on 3/17/03. 03-04558
03/18/2003AppendixFiled Appendix to Answering Brief. 03-04561
06/17/2003Order/ProceduralFiled Order/Submit on Briefs. 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. 03-10081
06/17/2003Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP03-RR/WM/MG
08/29/2003Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed; sanctions imposed." Thus, we sanction Friedman in the amount of five hundred dollars ($500) for his violations of the Nevada Rules of Appellate Procedure. Friedman shall remit this sum within 30 days of the filing of this opinion to the Nevada Supreme Court Law Library and shall file written proof of payment with the clerk of this court within the same time frame. Before Rose, Maupin and Gibbons, JJ. Author: Per Curiam. 119 Nev. Adv. Opn. No. 45. NNP03. 03-14557
09/16/2003Filing Fee Filing Fee due.
09/16/2003Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: No postmark. 03-15469
09/18/2003Filing FeeReceived Filing Fee Paid on Filing. $50 from Jeffrey Friedman -check no. 2266 (additional $100.00 due).
09/23/2003Filing FeeReceived Filing Fee Paid on Filing. Additional $100 from Jeffrey Friedman--check no. 2273.
09/24/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP03-RR/WM/MG 03-15954
09/24/2003Notice/IncomingFiled Proof of Payment of Sanction. Check no. 2274 payable to the Surpeme Court Law Library in the amount of $500.00. 03-15987
10/21/2003RemittiturIssued Remittitur. 03-16107
10/21/2003Case Status Update Remittitur Issued/Case Closed.
10/27/2003RemittiturFiled Remittitur. Received by County Clerk on October 22, 2003. 03-16107
12/31/2003Opinion/Non-DispositionalFiled Per Curiam Opinion. Corrected Opinion. fn1[This corrected opinion is issued in place of the opinion filed on August 29, 2003.] "Affirmed; sanctions imposed." Before Rose, Maupin and Gibbons, JJ. Author: Per Curiam. 119 Nev. Adv. Opn. No. 45. NNP03. 03-21684