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United States Court Cases

Nevada Supreme/Appellate Court Record

CONEAL VS. CONEAL

Case Information: 46673
Short Caption:CONEAL VS. CONEALCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D339571Classification:Civil Appeal - Family Law - Child Custody/Proper Person
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:02/03/2006 / Cohen, LarrySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/27/2006Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Brian K. Griffith, Attorney at Law--check no. 2186.
01/27/2006Notice 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.) 06-02060
02/03/2006Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Larry J. Cohen. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/08/2006Docketing StatementFiled Docketing Statement. 06-02809
02/10/2006Notice/IncomingFiled Notice. Respondent Leila Coneal in proper person in place and stead of Kelleher & Kelleher. 06-03027
02/10/2006Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days.
02/24/2006Notice/IncomingFiled Proof of Service. of Docketing Statement on Settlement Judge. 06-04153
02/27/2006Notice/IncomingFiled Proof of Service. for Substitution of Attorney for Respondent. 06-04495
03/31/2006Notice/IncomingFiled Notice of Appearance. Representing respondent: R. Douglas Kurdziel, Esq. and Tiffany J. Swanis, Esq. of the law firm of Jones Vargas does hereby appear as pro bono counsel for Respondent Leila A. Coneal. 06-06792
05/16/2006Order/ProceduralFiled Order Granting Motion. The clerk shall remove the law firm of Kelleher & Kelleher, LLC, from the docket of this appeal. We note that the law firm of Jones Vargas have filed a notice of appearance, indicating that they will be representing respondent in this appeal. 06-10313
08/03/2006Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 06-16153
01/03/2007Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 07-00166
01/05/2007Notice/OutgoingIssued Notice of Expedited Filing Deadlines. Courtesy notice only. Order reinstating briefing will follow.
01/17/2007Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing fast track statement and response. Appellant: 10 days to request transcripts by filing a request form in the district court and filing 2 file-stamped copies of that request form with this court; 40 days to file and serve the fast track statement. Respondent: 20 days from service of appellant's fast track statement to file and serve the fast track response. 07-01213
01/25/2007Order/ProceduralFiled Order/Full Briefing. We conclude that full briefing is warranted in this appeal. We vacate our January 17, 2007 briefing order. Opening brief and appendix due: 90 days. Briefing shall thereafter proceed in accordance with NRAP 31(a)(2). With regard to any transcripts necessary for this court's review on appeal, the parties must comply with NRAP 9(a) and request any transcripts within 15 days of the date of this order. 07-02059
02/21/2007Notice/OutgoingIssued Notice to Request Transcripts. 07-04174
03/28/2007Order/ProceduralFiled Order. to Comply with NRAP 9(a). Transcript request due: 10 days. We remind counsel for appellant that appeals involving child custody are subject to the expedited briefing schedule set forth in NRAP 31(a)(2) and that the Supreme Court shall expedite its decision of such appeals. Failure to comply timely with this order may result in the imposition of sanctions. 07-07048
05/03/2007MotionFiled Motion to Extend Time. 90 days. 07-09899
05/07/2007MotionFiled Response to Motion. 07-10083
05/08/2007Order/ProceduralFiled Order Granting Motion. for Extension. Transcript Request due: July 2, 2007. Opening Brief due: August 1, 2007. 07-10241
12/14/2007Order/ProceduralFiled Order. Conditionally Imposing Sanctions. Appellant shall, within 15 days from the date of order, pay the sum of $500 to the Supreme Court Law Library and provide this court with proof of such payment. However, this sanction shall be automatically vacated if appellant requests transcripts and files and serves the opening brief and appendix or, alternatively, a motion to extend time, within 10 days from the date of this order. Fn1 [Any motion for extension of time shall explain the reasons for appellant's failure to file the missing documents in a timely manner and shall set forth sufficient cause for the requested extension of time.] 07-27210
12/27/2007MotionFiled Response to Order to Show Cause. Response to Order Conditionally Imposing Sanctions. 07-28102
01/15/2008Order/ProceduralFiled Order Granting Motion. In response to our December 14, 2007, order, appellant has filed a motion for a second extension of time to file the opening brief and to request transcripts. We elect to consider the late response as timely filed. Accordingly, and as explained in our December 14, 2007, order, the sanctions conditionally imposed against appellant's counsel have been automatically vacated. Appellant's counsel represents that appellant is unable to pay the deposit required by the court reporter. Cause appearing, we grant the motion. NRAP 26(d) and 31(a)(1). Accordingly, appellant shall have until January 28, 2008, to either: (1) pay the court reporter's deposit and file a transcript request form in compliance with NRAP 9(a), (2) file, in the district court, a motion to proceed in forma pauperis in compliance with NRAP 24(a) , (3) file a motion to withdraw the appeal, or (4) file counsel's motion for leave to withdraw. The time to file and serve the opening brief and appendix is extended until March 31, 2008. Fn1 [In the event appellant files a motion to proceed in forma pauperis in the district court, appellant shall, within 30 days from the date of this order, file a status report regarding that motion.] 08-01098
03/04/2008Order/ProceduralFiled Order. . Appellant shall have 10 days from the date of this order to either: (1) pay the court reporter's deposit and file a transcript request form in compliance with NRAP 9(a), (2) file, in the district court, a motion to proceed in forma pauperis in compliance with NRAP 24(a) , (3) file a motion to withdraw the appeal, or (4) file counsel's motion for leave to withdraw. fn1 [In the event appellant files a motion to proceed in forma pauperis in the district court, appellant shall, within 20 days from the date of this order, file a status report regarding that motion.] 08-05465
04/04/2008Order/ProceduralFiled Order. Imposing Sanctions. Counsel for appellant, Mr. Brian K. Griffith, shall, within 10 days from the date of this order, pay the sum of $500.00 to the Supreme Court Law Library and provide this court with proof of such payment. Within the same time period, appellant shall either: (1) pay the court reporter's deposit and file a transcript request form in compliance with NRAP 9(a), (2) file, in the district court, a motion to proceed in forma pauperis in compliance with NRAP 24(a), (3) file a motion to withdraw the appeal, or (4) file counsel's motion for leave to withdraw, or , alternatively, a motion to extend time. fn2[In the event appellant files a motion to proceed in forma pauperis in the district court, appellant is to file, in this court, a status report regarding the motion within the same time period.] Opening Brief and Appendix due: April 30, 2008. Counsel cautioned. 08-08537
04/16/2008MotionFiled Motion. Request for Reconisderation of Order Imposing Sanctions. 08-09527
04/25/2008Order/ProceduralFiled Order. Denying Motion. the motion for reconsideration is denied. Mr. Griffith shall, within 10 days from the date of this order, pay the sum of $500.00 to the Supreme Court Law Library, and, within the same time period, either: (1) pay the court reporter's deposit and file a transcript request form in compliance with NRAP 9(a), (2) file, in the district court, a motion to proceed in forma pauperis in compliance with NRAP 24(a), (3) file a motion to withdraw the appeal, or (4) file counsel's motion for leave to withdraw, or alternatively, a motion to extend time. Failure to comply with this order may result in the imposition of additional sanctions against counsel for appellant. fFn4[In the event appellant files a motion to proceed in forma pauperis in the district court, appellant shall file, in this court, a status report regarding the motion within the same time period.] 08-10393
06/06/2008Order/ProceduralFiled Order. Imposing Additional Sanctions. Mr. Griffith shall have ten days from the date of this order to pay an additional $500.00 to the Supreme Court Law Library, along with the original $500.00 sanction, and provide this court with proof of payment. Within the same time period, Mr. Griffith shall either: (1) pay the court reporter's deposit and file a transcript request form in compliance with NRAP 9(a), (2) file, in the district court, a motion to proceed in forma pauperis in compliance with NRAP 24(a), (3) file a motion to withdraw the appeal, or (4) file counsel's motion for leave to withdraw, or alternatively, a motion to extend time. Mr. Griffith shall have 60 days from the date of this order to file and serve the opening brief and appendix. Failure to comply with this order may result in the imposition of additional sanctions, including referral of Mr. Griffith to the State Bar of Nevada for investigation. fn4[In the event appellant files a motion to proceed in forma pauperis in the district court, appellant is to file, in this court, a status report regarding the motion within the same time period.]. 08-14390
08/22/2008Order/ProceduralFiled Order. Removing Counsel and Placing Appeal in Proper Person Pilot Program. We conclude that Mr. Griffith is unfit to continue as counsel in this appeal. The clerk shall remove Brian K. Griffith as counsel of record for appellant. Within ten days of the date of this order, Mr. Griffith shall provide this court, in writing, with appellant's most recent address. Also within ten days, Mr. Griffith shall provide this court with proof of payment of each of the $500.00 sanctions imposed in our April 4, 2008, and June 6, 2008, orders. In addition, we refer this matter to the State Bar of Nevada for investigation pursuant to SCR 105. Bar counsel shall, within 90 days of the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings. We elect to place this appeal into the pilot program for civil litigants without attorneys. Once appellant's address is received from Mr. Griffith, the clerk shall provide appellant with a Civil Proper Person Appeal Statement, a Civil Proper Person Transcript Request Form and the Instructions for Civil Litigants Without Attorneys, as well as a copy of this order. The statement must be filed and served within 50 days of the date of this order. Failure to file the statement within 50 days may result in the dismissal of this appeal. fn3[The clerk shall provide bar counsel with copies of the notices issued on February 10, 2006, and February 21, 2007, and orders entered on March 28, 2007, December 14, 2007, March 4, 2008, April 4, 2008, April 25, 2008, and June 6, 2008.] 08-21654
10/21/2008MotionFiled Motion to Dismiss Appeal. 08-27022
11/24/2008Notice/IncomingFiled Status Report. Investigative Report from State Bar of Nevada re attorney Brian K. Griffith. NOTE: This original document was placed in attorney Griffith's bar file. No copy was placed in the correspondence file for this case.
12/05/2008Notice/IncomingFiled Proof of Payment of Sanction. Sanction paid by Brian K. Griffin in the amount $1000.00 - check no. 46673.
12/08/2008MotionFiled Motion. Report to the Supreme Court; Request to be Reinstated as Counsel on Appeal; For Additional Time to Obtain Reporter's Transcript; For Order Allowing Filing of Brief in Excess of Page Limits. 08-31244
01/27/2009Order/DispositionalFiled Order Dismissing Appeal. We deny attorney Brian K Griffith's motion to be reinstated as appellant's counsel in this appeal. Respondent's motion to dismiss this appeal is granted. "This appeal is dismissed." SNP08-JH/RP/MD fn3[All other requests for relief contained in Mr. Griffith's motion, including the requests for an extension of time to obtain the transcript and to file an opening brief in excess of 30 pages are denied.] 09-02291
02/10/2009Other Returned Mail. Order filed 1/27/09 addressed to Steve Coneal. Per USPS "Attempted not Known". No forwarding address. 09-03607
02/24/2009RemittiturIssued Remittitur. 09-03885
02/24/2009Case Status Update Remittitur Issued/Case Closed.
03/05/2009RemittiturFiled Remittitur. Received by County Clerk on February 27, 2009. 09-03885
03/11/2009Other Returned Mail. Remittitur issued 2/24/09 addressed to Steve Coneal. Per USPS "Attempted not Known". No forwarding address. 09-06191
09/10/2009Notice/IncomingFiled Status Report. Investigative Report from State Bar of Nevada re attorney Brian K. Griffith. NOTE: This original document was placed in attorney Grigffith's bar file. No copy was placed in the correspondence file for this case.