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United States Court Cases

Nevada Supreme/Appellate Court Record

DUNCAN VS. DUNCAN

Case Information: 35370
Short Caption:DUNCAN VS. DUNCANCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - R83924Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/07/2000 / Elliott-Tavano, JenniferSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/27/1999Filing Fee Filing Fee due.
12/27/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-13189
12/27/1999Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
01/07/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Jennifer Elliott-Tavano. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
02/10/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: February 14, 2000. 00-02125
02/18/2000Settlement Program ReportFiled Interim Settlement Program Report. Interim Settlement Conference Report. Determination of a failure to participate in good faith in the settlement conference process. 00-02621
02/22/2000Notice/IncomingFiled Notice of Appearance. Representing appellant: Robert E. Glennen III. 00-02751
02/22/2000MotionFiled Motion. Motion to Recuse Settlement Judge. 00-02753
03/03/2000MotionFiled Response to Motion. District Attorney's Opposition to Respondent's Motion to Recuse Settlement Judge. 00-03434
04/17/2000Order/ProceduralFiled Order. We deny appellant's motion to recuse Settlement Judge Elliot-Tavano. On February 18, 2000, Settlement Judge Elliot-Tavano filed an interim settlement conference report indicating that the settlement conference process has been thwarted by appellant's minimal participation. Appellant shall have 15 days from the date of this order to show cause why this court should not act upon the settlement judge's determination and recommendation. 00-06085
05/04/2000MotionFiled Response to Order to Show Cause. 00-07284
08/08/2000Order/ProceduralFiled Order. On February 18, 2000, the settlement judge filed an interim settlement conference report indicating that the settlement conference process has been thwarted by appellant's minimal participation. Appellant filed a response on May 4, 2000. Appellant offers no reason for his failure to inform the settlement judge that his attorney was not available to attend the February 14, 2000 conference and that, therefore, appellant would not be attending the conference. Appellant does not dispute that he failed to submit a settlement statement. Based on the foregoing, we conclude that the imposition of sanctions is appropriate. We decline to dismiss this appeal at this time. We direct appellant Dwight Duncan to personally pay $500 to the Nevada Supreme Court Law Library and to file proof of payment of the sanction with this court within 20 days from the date of this order. Failure to comply with this order in a timely manner may result in the imposition of additional sanctions. This appeal shall proceed as no settlement has been reached. Appellant shall, within 15 days from the date of this order, file the docketing statement. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. Appellant shall have 15 days from the date of this order to file a transcript request form or certificate of no transcript and 120 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to attorney Glennen, counsel for appellant.) 00-13709
08/28/2000Other Other. A certified letter with a copy of the order filed August 8, 2000 addressed to Dwight Duncan was returned as unclaimed and placed in correspondence file.
11/06/2000Order/CounselFiled Order/Sanctions. To date, appellant has not filed proof of the payment of the sanctions imposed by this court's order of August 8, 2000. Appellant shall, within 15 days from the date of this order, personally pay to the Nevada Supreme Court Law Library the sum $500, and within the same time period, file with the clerk of this court an affidavit or certificate indicating the date and manner in which such payment was made. Further, appellant shall, within the same time period, file a docketing statement and transcript request form or certificate of no transcript. Failure to comply with this order may result in the imposition of additional sanctions, including, but not limited to, dismissal of this appeal as abandoned. (Docketing statement mailed to counsel for appellant.) 00-19463
11/29/2000Other Other. A copy of the order filed November 6, 2000 was sent by certified mail to Dwight Duncan and returned to this office as unclaimed on this day. (Placed in correspondence file.)
12/07/2000Other Other. Received returned copy of order filed 11/06/00 addressed to Dwight Duncan sent by regular mail. (Duncan is the appellant in this case and was suspended on 11/30/00). Return envelope reads ("Moved Left no Address, Unable to Forward, Return to Sender).
01/05/2001Order/DispositionalFiled Order Dismissing Appeal. On August 8, 2000, this court entered an order imposing monetary sanctions in the sum of $500 against appellant Dwight Duncan, personally, based on the recommendations of the settlement judge who heard this matter. Appellant was cautioned that failure to comply with the order could result in the imposition of additional sanctions, including dismissal of this appeal as abandoned. fn1[The November 6, 2000, order was mailed to appellant Dwight Duncan by certified mail and by first class mail. The order sent by first class mail was returned to this court with the notation that Duncan had moved and left no forwarding address. The order sent by certified mail was returned to this court with the notation that the order was unclaimed and that notice was left. The order was also mailed to appellant's counsel of record, Robert E. Glennen, III. The order mailed to counsel was not returned to this court.] To date, appellant has failed to comply with our orders entered on August 8, 2000, and November 6, 2000. ' . . . we dismiss this appeal as abandoned.' NNP00A-MS/DA/ML 01-00222
01/12/2001Other Other. Received returned letter sent by certified mail addressed to Dwight Duncan with a copy of the ODA inside. Placed in correspondence file.
01/16/2001Letter/IncomingFiled Letter. from Deputy District Attorney Edward W. Ewert informing this Court that attorney Dwight Duncan's license to practice law in the State of Nevada is now under indefinite suspension due to nonpayment of child support (findings of fact, conclusions of law and order/judgment filed 11/16/99 and notice of entry of order filed 11/19/99 attached to letter). 01-00865
01/22/2001Other Other. Received returned mail for Dwight Duncan with copy of ODA filed 1/5/01. Envelope reads; moved left no address, unable to forward, return to sender.
01/31/2001RemittiturIssued Remittitur. 01-00648
01/31/2001Case Status Update Remittitur Issued/Case Closed.
03/13/2001RemittiturFiled Remittitur. Received by County Clerk on February 6, 2001. 01-00648
11/24/2003Order/ProceduralFiled Order. Order Vacating Sanction. On January 8, 2003, this court entered an order in Docket No. 38215 that disbarred Mr. Duncan. In light of that order, we vacate the sanction imposed upon Mr. Duncan on August 8, 2000. 03-19525