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United States Court Cases

Nevada Supreme/Appellate Court Record

GUILLEN VS. GUILLEN C/W 39213

Case Information: 39107
Short Caption:GUILLEN VS. GUILLEN C/W 39213Court:Supreme Court
Consolidated:39107*, 39213 Related Case(s): 37187 , 39213 , 48619
Lower Court Case(s):Washoe Co. - Second Judicial District - DV9501746Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/16/2003 / Begley, BrentSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:12/22/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/23/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 cash.
01/23/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (SEALED case per district court order filed 11/10/97.) Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 02-01521
01/28/2002Notice/OutgoingIssued Notice to Transmit Required Document. District court docket entries. Due Date: 10 days
01/31/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Patrick O. King. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/12/2002Notice/Outgoing Letter. Patrick O. King. (District Court Docket Entries)
02/25/2002TranscriptFiled Transcript. Proceedings: December 10, 2001. Court Reporter: Joan Marie Dotson. 02-03479
03/07/2002MotionFiled Motion to Extend Time. 02-04140
03/14/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed March 7, 2002. The clerk shall file the docketing statement received on March 7, 2002. 02-04582
03/14/2002Docketing StatementFiled Docketing Statement. 02-04143
03/15/2002Notice/Outgoing Letter. Patrick O. King. (Docketing statement)
04/19/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter. Nos. 37495/39107/39213. (02-07030)
04/19/2002Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Nos. 37495/39107/39213. (02-07030) Stipulation to Dismiss Appeal STRICKEN by order 01/10/03. Nos. 37495/39107/39213.
04/24/2002MotionFiled Motion. Application to Suspend Settlement Agreement and Assign Alternate Settlement Judge. Nos. 39107, 39213, 37495. The April 22, 2002 purported affidavit of appellant attached to the April 24, 2002 motion STRICKEN by order 01/10/03. Nos. 37495/39107/39213. 02-07250
05/03/2002MotionFiled Response to Motion. Opposition to Application to Suspend Settlement Agreement and Assign Alternate Settlement Judge; Motion to Strike. Nos. 39107/39213/37495. 02-07830
05/14/2002MotionFiled Response to Motion. Opposition to Motion to Strike and Request for Permission to File Reply to Respondent's Opposition. Nos. 39107/39213/37495 02-08474
11/01/2002MotionFiled Motion. Request for Ruling on the Record. 02-18886
01/10/2003Order/ProceduralFiled Order. On April 19, 2002, the parties filed a stipulation to dismiss these appeals pursuant to the NRAP 16 settlement conference held in this matter. On April 24, 2002, appellant filed a motion to suspend the settlement agreement and assign a new settlement judge. Attached to appellant's motion is a purported affidavit of appellant. Respondent filed an opposition and motion to strike appellant's motion. We grant the motion to strike, in part. The clerk of this court shall strike the April 22, 2002 purported affidavit of appellant, attached to the April 24, 2002 motion. Respondent requests this court to suspend the application of NRAP 16(h), allowing him to respond to appellant's motion. A response is not necessary. We elect to treat appellant's motion to suspend settlement agreement as a motion to withdraw the stipulation to dismiss, and we grant the motion. fn1[We deny as moot appellant's May 14, 2002, motion for leave to file a reply.] The clerk of this court shall strike the stipulation to dismiss filed on April 19, 2002. We refuse to set aside or invalidate any settlement agreement appellant entered into during the settlement conference. We grant appellant's motion to assign a new settlement judge. The clerk of this court shall issue a notice assigning these appeals to a new settlement judge. Nos. 376495/39107/39213-cases are not consolidated. 03-00503
01/16/2003Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Brent Begley.
06/18/2003Settlement Program ReportFiled Interim Settlement Program Report. Settlement Judge recommends that the Court consider withdrawing these cases from the settlement process. 03-10162
08/06/2003Order/ProceduralFiled Order. Removing Appeals from Settlement Program, Consolidating Appeals and Reinstating Briefing. We consolidate these appeals for all appellate purposes. See NRAP 3(b). Pursuant to the written request of the settlement judge and good cause appearing, these consolidated appeals are removed from the settlement conference program. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. The briefing of the appeal in Docket No. 37495 was initially reinstated on September 27, 2001, after the parties were unable to agree to a settlement. fn1[Docket No. 37495 was reassigned to the settlement conference program on January 10, 2003, upon appellant's motion, so that the issues raised in Docket No. 37495 could be addressed at the settlement conference scheduled for Docket No. 39107 and Docket No. 39213.] Appellant did not file a reply brief in Docket No. 37495. We elect to treat the failure to file a reply brief as a waiver of the right to file a reply brief in Docket No. 37495. See NRAP 28(c). Accordingly, we conclude that the briefing in Docket No. 37495 is completed. Appellant shall have 15 days from the date of this order to file in Docket No. 39107 and Docket No. 39213 either a transcript request form or a certificate indicating that no transcripts are being requested. See NRAP 9(a). Appellant shall have 120 days from the date of this order to file and serve a single opening brief and appendix, addressing the issues raised Docket No. 39107 and Docket No. 39213. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 37495/39107/39213. (03-13161)
08/25/2003Transcript RequestFiled Certificate of No Transcript Request. Nos. 37495/39107/39213 (03-14254).
12/01/2003MotionFiled Motion to Extend Time. Filed in 39107 and 39213 only. Nos. 37495/39107/39213. 03-19962
12/08/2003Order/Clerk'sFiled Clerk's Order Granting Motion. On August 6, 2003, this court entered an order "concluding that the briefing in Docket No. 37495 is completed." Appellant has filed a motion for an extension of time to file the opening brief. Appellant shall have until December 15, 2003, to file and serve a single opening brief and appendix in Docket No. 39107 and Docket No. 39213. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 37495/ 39107/ 39213. (03-20342)
12/17/2003MotionFiled Motion to Extend Time. Second Motion to Extend Time to File Opening Brief. Filed in case nos. 39107 and 39213 only. 03-21024
12/19/2003Order/ProceduralFiled Order Granting Motion. On December 17, 2003, appellant filed a motion requesting a second extension of time to file the opening brief in Docket Nos. 39107 and 39213. Appellant shall have until January 5, 2004, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Nos. 37495/39107/39213.
01/07/2004BriefFiled Opening Brief. (Filed in Nos. 39107 and 39213 only.) Nos. 37495/39107/39213. 04-00331
01/07/2004AppendixFiled Appendix to Opening Brief. (Filed in case Nos. 39107/39213 only). Nos. 37495/39107/39213. 04-00332
01/20/2004Order/ProceduralFiled Order. Denying Appellant's Request Re: Settlement Conference. On August 6, 2003, this court entered an order removing these appeals from the settlement conference program and reinstating briefing. Appellant, by means of the letter addressed to Justice Agosti attached hereto, has now requested that this court require that a settlement conference be held. Having reviewed the matter, we have determined that no relief from the August 6 order is warranted. Preliminary, we note that a request for relief must be made in the form of a motion and not by means of an informal letter addressed to the Chief Justice by one of the parties. Additionally, appellant's request is extremely untimely, coming almost 5 months after the settlement judge's report and more than 3 months after this court reinstated briefing. Finally, appellant is represented by counsel in this appeal and has not been granted permission to file documents in proper person. NRAP 46(b). Accordingly, we deny appellant's request to reassign these appeals to the settlement conference program. Briefing of this matter shall proceed in accordance with this court's prior orders. fn1[We note that our denial of appellant's request does not preclude the parties from participating in informal settlement negotiations on their own.] Nos. 37495/39107/39213. (04-01063)
02/09/2004BriefFiled Answering Brief. (Filed in 39107 and 39213 only). Nos. 37495/39107/39213. 04-02516
02/09/2004AppendixFiled Appendix to Answering Brief. (Filed in 39107 and 39213 only). Nos. 37495/39107/39213. 04-02517
02/19/2004MotionFiled Motion and Order Extending Time. Brief due: March 18, 2004 (file in 39107 and 39213 only.) Nos. 37495/39107/39213. (03-03244)
04/29/2004Case Status Update Briefing Completed. No reply brief filed.
05/13/2004Order/ProceduralFiled Order. Order Deconsolidating Appeal in Docket No. 37495 from Appeals in Docket Nos. 39107 and 39213. On August 6, 2003, this court entered an order consolidating these appeals because they involve the same parties and appear to raise related issues. Upon further review of these appeals, it appears that, in interest of judicial efficiency, Docket No. 37495 should not be consolidated with Docket Nos. 39107 and 39213. Docket No. 37495 is an appeal from an order entered in the Third Judicial District Court concluding, among other things, that the court lacked jurisdiction to hear appellant's complaint seeking reformation of the parties' divorce decree that was entered in the Second Judicial District Court in October, 1998. The appeals in Docket Nos. 39107 and 39213, on the other hand, are taken from subsequent orders entered in the Second Judicial District Court denying appellant's motion to modify divorce decree and motion to set aside divorce decree. Accordingly, we deconsolidate the appeal in Docket No. 37495 from the appeals in Docket Nos. 39107 and 39213. No. 37495 no longer consolidated with Nos. 39107 and 39213. 04-08886
06/24/2004Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision on the briefs filed herein. Nos. 39107/39213. 04-11531
06/24/2004Case Status Update Submitted for Decision.
12/22/2005Case Status Update Resubmitted for Decision. To the Northern Nevada Panel. NNP06R-MD/RR/RP. Nos. 39107/39213.
02/15/2006Order/DispositionalFiled Order of Affirmance. These are consolidated appeals. "ORDER the judgment of the district court AFFIRMED." NNP06R-RR/MD/RP. Nos. 39107/39213. 06-03392
03/14/2006RemittiturIssued Remittitur. 06-04272
03/14/2006Case Status Update Remittitur Issued/Case Closed.
03/24/2006RemittiturFiled Remittitur. Received by County Clerk on March 15, 2006. 06-04272