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United States Court Cases

Nevada Supreme/Appellate Court Record

MYERS-GAMBINI VS. GAMBINI

Case Information: 42701
Short Caption:MYERS-GAMBINI VS. GAMBINICourt:Supreme Court
Related Case(s): 42514 , 56426 , 58585 , 58586 , 58587 , 58588 , 58589 , 58590 , 58591
Lower Court Case(s):Clark Co. - Eighth Judicial District - D260907Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:06/01/2004How Submitted:On Record

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/27/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Lisa S. Myers-Gambini--Western Union Money Order No. 08-027953270.
01/27/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 04-01626
02/06/2004Order/ProceduralFiled Order/Transmit Record and Directing Response. Record due in District Court Case No. D260907: 60 days. fn 2[See NRAP 11(a)(2) (providing that the complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings.)] The record shall not include any exhibits filed in the district court. 04-02365
02/17/2004MotionFiled Motion for Stay. Motion to Stay December 1, 2003 Order Pursuant to NRAP 8 (D)-Civil Case Involving Child Custody. 04-03028
06/01/2004Record on Appeal DocumentsFiled Record on Appeal Copy. Vols. 1 through 5 (SEALED). 04-10007
06/01/2004Case Status Update Submitted for Decision.
11/16/2004Order/DispositionalFiled Order of Affirmance. Order Denying Petition for Writ of Mandamus or Prohibition (No. 43514) and Affirming (No. 42701). Because petitioner has an adequate legal remedy in the form of the appeal she filed in Docket No. 42701, we deny the petition in Docket No. 42514. fn2[See NRAP 21(b); Smith v. District Court, 107 Nev. 674, 818 P.2d 849 (1991). We further deny petitioner's request for a stay.] 'We affirm the district court's order in Docket No. 42701.' fn7[Although appellant was not granted leave to file papers in proper person, see NRAP 46(b), we have considered the proper person documents received from appellant in Docket No. 42701. In light of our order, we deny as moot appellant's motion for a stay.] NNP04-NB/DA/MG. Nos. 42514/42701 - cases are not consolidated. 04-21006
11/29/2004Filing Fee Returned Filing Fee. Check No. 7718 in the amount of $150.00 returned to Michael A. Root (no fee is required for en banc reconsideration).
11/29/2004Notice/IncomingFiled Notice of Appearance. Representing appellant: Michael A. Root. Nos. 42514/42701- not consolidated. 04-21647
11/29/2004Post-Judgment PetitionFiled Petition for Rehearing. Nos. 42514/42701 - not consolidated. 04-21648
11/29/2004Notice/IncomingFiled Proof of Service. Notice of Appearance of Counel and Petition for En Banc Reconsideration. Nos. 42514/42701 - not consolidated. 04-21649
12/01/2004Order/ProceduralFiled Order. On November 16, 2004, this court entered an order denying the petition in Docket No. 42514 and affirming the district court's order in Docket No. 42701. fn1[At that time, petitioner/appellant was not represented by counsel. Petitioner/appellant is now represented in both cases by attorney Michael A. Root, who entered a notice of appearance on November 29, 2004.] On November 29, 2004, petitioner/appellant filed a petition for en banc reconsideration in both docket numbers. Petitioner/appellant has not filed a petition for rehearing under NRAP 40. Consequently, a petition for en banc reconsideration is not allowed under this court's rules. Because the petition is procedurally deficient, we summarily deny it. However, this denial is without prejudice to petitioner/appellant's right to file a petition for rehearing in accordance with NRAP 40. Petitioner/appellant shall have 7 days from the date of this order to file and serve such a petition. Nos. 42514/42701 – cases are not consolidated. 04-21933
12/03/2004Filing FeeReceived Filing Fee Paid on Filing. $150 from Michael A. Root-check no. 7721.
12/03/2004Post-Judgment PetitionFiled Petition for Rehearing. Nos. 42514/42701-cases are not consolidated. 04-22060
12/03/2004Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days.
12/07/2004Notice/IncomingFiled Proof of Service. Certificate of Mailing for Petition for Rehearing served upon John Lukens, Esq. 04-22264
12/21/2004Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP04-NB/DA/MG. Nos. 42514/42701 - cases are not consolidated. 04-23257
12/28/2004Post-Judgment PetitionFiled Petition for En Banc Reconsideration. 04-23563
01/18/2005RemittiturIssued Remittitur. 05-00349
01/18/2005Case Status Update Remittitur Issued/Case Closed.
01/28/2005RemittiturFiled Remittitur. Received by County Clerk on January 20, 2005 (ORDER RECALLING REMITTITUR FILED 2/1/05). 05-00349
02/01/2005Order/ProceduralFiled Order. Directing Answer to Petition for En Banc Reconsideration and Recalling Remittitur and Notice in Lieu of Remittitur. Petitioner and appellant Lisa S. Myers-Gambini has petitioned this court for en banc reconsideration of the 'Order Denying Petition for Writ of Mandamus or Prohibition (No. 42514) and Affirming (No. 42701)' entered by a panel of this court on November 16, 2004. Having reviewed the petition, it appears that an answer will assist the court in resolving the issues presented. Accordingly, real party in interest and respondent Paul Gambini shall have 15 days from the date of this order within which to file and serve an answer to the petition. Further, we recall the notice in lieu of remittitur in Docket No. 42514 and the remittitur in Docket No. 42701 and stay their issuance pending resolution of the petition for en banc reconsideration. Nos. 42514/42701. 05-02083
03/02/2005Notice/OutgoingIssued Letter. to Clark County Clerk regarding transmission of exhibits and videotape.
03/08/2005Order/ProceduralFiled Order Granting Motion. filed February 22, 2005. On February 22, 2005, Paul A. Gambini, through his attorney John P. Lukens, filed a motion to extend the time until March 24, 2005, in which to file the answer. fn2[We note that the motion was filed in Docket No. 42514 only. Although these cases are not consolidated, we are considering them together and we directed an answer to be filed in both cases. We direct the clerk to file the February 22, 2005 motion in Docket No. 42701 also. Further, Paul Gambini's answer to the petition shall also be filed under both docket numbers.] Paul Gambini shall have until March 24, 2005, in which to file an answer to the petition. Further extensions will not be granted absent extreme and unforeseeable circumstances. Nos. 42514/42701 - cases are not consolidated. 05-04629
03/08/2005MotionFiled Motion to Extend Time. Respondent's Motion for an Extension of Time wherein to file the Answer to Petition for En Banc Reconsideration and Recalling Remittitur and Notice in Lieu of Remittitur. 05-04630
03/25/2005Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. Nos. 42514 and 42701 (not consolidated) 05-05866
04/01/2005MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply to Answer to Petition for En Banc Reconsideration. Nos. 42514 and 42701 (not consolidated) 05-06431
04/04/2005MotionFiled Motion to Strike. Motion for Leave to Strike Exhibits Not in Record. Nos. 42514 and 42701 (not consolidated). 05-06522
04/05/2005MotionFiled Motion to Strike. Motion for Leave to Strike Exhibits Not in Record. Nos. 42514 and 42701 (not consolidated). 05-06639
06/07/2005Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition for en banc reconsideration, we have concluded that en banc reconsideration is not warranted. Thus, we "ORDER the petition DENIED." fn 1-[We grant petitioner/appellant's April 1, 2005 motion to file a reply to the answer, and we have considered the reply arguments that were set forth in the motion. Also, we grant petitioner/appellant's voluntary motion and amended motion to strike exhibits two, three, and four attached to her motion to file a reply, as those exhibits were not part of the trial court record, and we direct the clerk of this court to strike those exhibits.] Nos. 42514 and 42701 (not consolidated) 05-11135
07/06/2005RemittiturIssued Remittitur. 05-13349
07/06/2005Case Status Update Remittitur Issued/Case Closed.
07/22/2005RemittiturFiled Remittitur. Received by County Clerk on July 8, 2005. 05-13349
10/11/2006Notice/OutgoingIssued Notice. Exhibits: Plaintiff's #3-08/20/01 Report from Dr. Lenkeit; Plaintiff's #4- 11/08/02 Report from Peace Talk/J. Elliot; Court's #1-11/10/03-Dr. Paglini's Report; Videotapes from Evidentiary Hearings on 08/15/03 and 12/01/03 returned to the Clark County Clerk.
10/20/2006Notice/IncomingFiled Notice. Notice of Return of Exhibits. Received by County Clerk on October 16, 2006.