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United States Court Cases

Nevada Supreme/Appellate Court Record

DUKE VS. SIMON

Case Information: 36716
Short Caption:DUKE VS. SIMONCourt:Supreme Court
Related Case(s): 33874 , 35270 , 35377 , 35389 , 36195 , 42820 , 43337 , 46444 , 47144 , 48263 , 53705 , 57570 , 60123
Lower Court Case(s):Clark Co. - Eighth Judicial District - A340508Classification:Civil Appeal - Family Law - Proper Person
Disqualifications:Leavitt, ShearingCase Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:10/29/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/08/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Anna S. Duke-money order no. 06-132628866.
09/08/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 00-15834
09/21/2000Order/ProceduralFiled Order/Transmit Record and Directing Response. Original record due: 30 days. fn1[The record shall not include any exhibits filed in the district court.] 00-16687
09/29/2000TranscriptFiled Transcript. Proceedings: 08/08/00 and 08/09/00. Court Reporter: Carrie Hansen. 00-17252
10/12/2000TranscriptFiled Transcript. Proceedings: July 31,2000. Court Reporter: Debra Van Blaricom. 00-18095
11/13/2000Record on Appeal DocumentsFiled Record on Appeal. Volumes 1 and 2 of 42 volumes. Mailed on: 11/09/00. 00-19846
11/13/2000Case Status Update Submitted for Decision.
11/14/2000Record on Appeal DocumentsFiled Record on Appeal. Volumes 3 through 42. (Volumes 1 and 2 filed 11/14/00.) Mailed on: 11/09/00. 00-19897
04/11/2001OtherDisqualification of Justice Shearing. Relationship to parties in trial court.
04/12/2001Order/ProceduralFiled Order. Order Denying Leave to Proceed in Proper Person and Denying Request to Expedite. We deny appellant's request for leave to proceed in proper person in this appeal. Notwithstanding our denial of the request for leave to proceed in proper person, we grant appellant 100 days from the date of this order to file and serve an opening brief. The substance of appellant's opening brief shall not exceed 30 pages in length. Appellant shall not submit any additional documents unless this court first grants a written request for leave to file the document. Any documents submitted to this court by appellant, other than an opening brief or a properly supported request for leave to file a document, shall be returned, unfiled. fn6[We note that in a document received march 26, 2001, appellant has brought to light that she is awaiting a written order regarding respondents' request for an award of costs and attorney fees. Once a written order thereon is entered by the district court, and in the event respondents are awarded any costs or fees, appellant can appeal from that order as a 'special order made after final judgment.'] After appellant has filed and served her opening brief, respondents may file a timely answering brief. Absent leave of court for good cause shown, the substance of respondents' answering brief shall not exceed 30 pages in length. We deny appellant's request received on December 21, 2000, for expedite resolution of this appeal. After the briefing has been completed, we will consider and decide this appeal as soon as this court's docket permits. 01-06344
07/18/2001BriefFiled Opening Brief. Mailed on: 07/17/01. 01-12261
08/06/2001MotionFiled Motion to Strike. Motion to Strike Appellant, Anya Duke's Opening Brief and to Stay Briefing Schedule. 01-13211
08/10/2001MotionFiled Motion to Extend Time. 01-13587
08/13/2001MotionFiled Motion. Appellant's Motion Requesting Leave to file a Document Pursuant to this Court's Order dated April 12, 2001. 01-13769
08/14/2001Notice/IncomingFiled Errata. Errata to Respondents' Motion to Enlarge Time to File Answering Brief. 01-13810
08/17/2001Letter/IncomingFiled Letter. from Anthony M. Kestner (Alverson, Taylor et. al.) regarding Answering Brief Due Date. No action required.
08/28/2001Order/ProceduralFiled Order Denying Motion. Denying Leave to File a Proper Person Document. On August 22, 2001, we received from Ms. Duke a motion for leave to file a document. We deny Ms. Duke's motion for leave to file a proper person document. Because Ms. Duke included the substance of the matters she wished this court to consider within her motion for leave, the clerk of this court shall return unfiled the proper person motion received on August 22, 2001. 01-14549
08/28/2001Notice/OutgoingIssued Letter. to appellant Anya S. Duke. Returned unfiled, the original proper person Appellant's Request for Leave to File a Document, Pursuant to this Court's Order, Dated April 12, 2001, received August 22, 2001.
08/28/2001Order/ProceduralFiled Order. Denying Motion to Strike Appellant's Opening Brief, Denying Motion to Stay Briefing Schedule, and Granting Extension of Time to File an Answering Brief. We deny respondents' request to strike Ms. Duke's opening brief, or portions thereof, because it raises issues, judgments or orders that are not included in her notice of appeal. fn9[Should respondents choose not to address within their answering brief matters properly before us on appeal, they risk having such omissions deemed a confession of error.] On August 10, 2001, respondents filed a motion to enlarge time to file an answering brief. fn10[On August 14, 2001, an errata to respondents' motion to enlarge time to file an answering brief was filed. On August 15, 2001, we received from Ms. Duke a request for leave to file an opposition. Ms. Duke's request is hereby denied. On August 20, 2001, we received respondents' response to the document we previously received from Ms. Duke on August 15, 2001. Having denied Ms. Duke's request for leave to file an opposition, we deem to be moot all issues raised with the document received from respondents on August 20, 2001.] We grant respondents 14 calendar days from the date of this order to file and serve an answering brief and appendix. fn11[No further extensions of time shall be permitted except upon demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance.] fn12[Respondents' answering brief shall not exceed 40 pages in length.] fn13[We deny the request to stay the remainder of the briefing schedule. Furthermore, to the extent that Ms. Duke's requested relief is not granted herein, we deny the relief requested in Ms. Duke's opposition filed August 13, 2001.] 01-14551
09/04/2001Order/ProceduralFiled Order. Order Denying Leave to File a Proper Person Document. We deny Ms. Duke's motion received on August 28, 2001, for leave to file a proper person document. Because Ms. Duke included the substance of the matters she wished this court to consider within her motion for leave, the clerk shall return unfiled the proper person motion received on August 28, 2001. fn3[Ms. Duke asserts the Nevada Supreme Court Clerk's Office has failed to consistently provide the Clerk of the Eight Judicial District Court with copies of 'receipt for document[ ]' forms mailed to appellant. It is not the custom of the Nevada Supreme court' Clerk's Office to send copies of receipt forms to a district court clerk's office when such forms merely acknowledge the receipt of a document from a proper person appellant. As for Ms. Duke's contention that the Nevada Supreme Court Clerk's Office has failed to sufficiently describe her documents in the receipt forms, we dismiss this assertion as meritless. Ms. Duke further complains that she has not been sent copies of 'receipt for document[ ]' forms with respect to documents submitted by respondents. The Nevada Supreme Court clerk's Office does not issue a 'receipt for document[ ]' form when a document is submitted by a party represented by counsel on appeal.] On August 30, 2001, we received from respondents an addendum to respondents' opposition. This court is fully aware of the substance of its prior orders in this appeal, and capable of interpreting and applying its own orders, as well as the Nevada Rules of Appellate Procedure. The clerk of this court shall return unfiled the addendum received from respondents on August 30, 2001. 01-14846
09/04/2001Notice/OutgoingIssued Letter. to Attorney David J. Mortensen. Returned unfiled, the original Addendum to Respondents' Opposition to Appellant's Counter-Motion to Strike Respondents' Motion to Enlarge Time to File Answering Brief, received August 30, 2001.
09/04/2001Notice/OutgoingIssued Letter. to appellant Anya S. Duke. Returned unfiled, the original Appellant's Proper Person Request for Leave to File a document, pursuant to This Court's Order, Dated April 12, 2001, received August 28, 2001.
09/07/2001Order/ProceduralFiled Order Denying Motion. On August 31, 2001, we received from Ms. Duke a request for leave to file a document. We note that the request for leave itself contains the substance of the matters Ms. Duke wishes this court to consider. We conclude that appellant has failed to adequately demonstrate that the document is relevant and necessary to resolve the issues presented on appeal. We deny Ms. Duke's request for leave to file a proper person document. Because Ms. Duke included the substance of the matters she wished this court to consider within her request for leave, the clerk shall return unfiled the proper person document received on August 31, 2001. 01-15111
09/07/2001Notice/OutgoingIssued Letter. to appellant Anya S. Duke. Returned the original proper person Appellant's Request for Leave to File a Document, pursuant to This Court's Order, Dated April 12, 2001, received August 31, 2001.
09/13/2001BriefFiled Answering Brief. Mailed on: LV Drop Box 09/11/01. 01-15476
09/13/2001AppendixFiled Appendix to Answering Brief. Vols. 1 through 3. 01-15477
09/25/2001MotionReceived Response to Motion. Respondent's Opposition to Appellant, Anya Duke's Request to Elaborate on Certain Issues. 01-16159
10/04/2001Order/ProceduralFiled Order Granting Motion. Order Granting Proper Person Motion To File Reply Brief. On September 13, 2001, we received appellant's request to file a reply brief. Having considered appellant's request, as well as respondents' opposition thereto, we grant appellant 25 days from the date of this order within which to file and serve a reply brief. Appellant's reply brief shall not exceed 15 pages in length, exclusive of pages containing the table of contents, table of citations, and any addendum containing statutes, rules or regulations. Fn3 [. . . We have been asked by appellant to order the "Appellate Section of the Eighth Judicial District Court" to provide us with all of "the Pleadings and Transcripts from the Hearings, that took place" after the "Dismissal of Appellant's one (1) hour Jury Trial, on August 9, 2000." As the materials described by appellant appear to have no relevance to the issues presently before us on appeal, we deny appellant's request that we order the material to be provided for our review.] 01-16745
10/04/2001MotionFiled Proper Person Motion. Appellant's Request for Leave to file a Document, Pursuant to this Court's Order dated April 12, 2001 01-15534
10/04/2001MotionFiled Response to Motion. Respondent's Opposition to Appellant, Anya Duke's Request to Elaborate on Certain Issues. 01-16159
10/25/2001Order/ProceduralFiled Order Granting Motion. received October 18, 2001. The clerk of this court shall file the [proper person] motion received on October 18, 2001. We grant the motion. Appellant shall have to and including November 13, 2001, to file and serve her reply brief. Appellant's reply brief shall not exceed 25 pages in length. 01-17991
10/25/2001MotionFiled Proper Person Motion. Appellant's Request to File a Document, Pursuant to this Court's Order Dated April 12, 2001. 01-17604
10/29/2001BriefFiled Reply Brief. Mailed on: 10/27/01. 01-18055
10/29/2001AppendixFiled Appendix to Reply Brief. 01-18056
10/29/2001Case Status Update Submitted for Decision.
05/02/2002Notice/OutgoingIssued Letter. to Anya Duke requesting proof of service on the motions received on 02/27/02 and 05/01/02. Due date: 10 days.
05/06/2003Order/DispositionalFiled Dispositional Order/Appeal. Order Reversing and Remanding. "We reverse the district court's order and remand this matter to the district court for further proceedings." fn24[Duke's opening brief also contends that the district court failed to accommodate her disability under the Americans with Disabilities Act and violated her right to due process. The record does not support these claims.] fn25[Appellant was granted leave to file an opening brief and reply brief in proper person. Although she was not granted leave to file additional papers in proper person, see NRAP 46(b), we have considered the additional proper person documents received from her.] NNP03-RR/WM/MG 03-07679
05/15/2003Post-Judgment PetitionReceived Proper Person Petition for Rehearing. Pursuant to this Court's Order, of April 12, 2001, Appellant Requests Leave to file an Affidavit Requesting this Court to Reconsider its Order of May 6, 2003, Whereas this Honorable Court Reversed Lower Court's Order of Dismissal and Remanded Appellant's Case back to Lower Court, leaving the Remaining Lower Court's Errors, Presented in her Appeal Untouched; and that Remanding Appellant Back to the Lower Court as this Order Stands, Would Be Extremely Prejudicial to Appellants Further Proceedings in Lower Court. 03-08317
05/19/2003Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. (Rehearing). Due Date: 10 days
05/23/2003Filing FeeReceived Filing Fee Paid on Filing. $100 from Anya S. Duke - money order # 06-344475786.
06/18/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." fn1[NRAP 40(c). We direct the clerk of this court to file the rehearing petition, provisionally received on May 15, 2003. See NRAP 46(b).] NNP03-RR/WM/MG 03-10224
06/18/2003Post-Judgment PetitionFiled Proper Person Petition for Rehearing. Pursuant to this Court's Order, of April 12, 2001, Appellant Requests Leave to file an Affidavit Requesting this Court to Reconsider its Order of May 6, 2003, Whereas this Honorable Court Reversed Lower Court's Order of Dismissal and Remanded Appellant's Case back to Lower Court, leaving the Remaining Lower Court's Errors, Presented in her Appeal Untouched; and that Remanding Appellant Back to the Lower Court as this Order Stands, Would Be Extremely Prejudicial to Appellants Further Proceedings in Lower Court. 03-08317
06/23/2003OtherDisqualification of Justice Leavitt.
07/15/2003RemittiturIssued Remittitur. 03-10372
07/15/2003Case Status Update Remittitur Issued/Case Closed.
07/31/2003RemittiturFiled Remittitur. Received by County Clerk on July 17, 2003. 03-10372
09/02/2003Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. fn1[NRAP 40A.] Accordingly, we "ORDER the petition DENIED." fn2[We have considered all proper person documents received in this matter, and we conclude that the relief requested is not warranted. We direct the clerk of this court to file appellant's petition for en banc reconsideration, provisionally received on June 25, 2003. The Honorable Miriam Shearing, Justice, and the Honorable Myron E. Leavitt, Justice voluntarily recused themselves from participation in the decisions of this matter.] EN BANC 03-14659
09/02/2003MotionFiled Proper Person Motion. Pursuant to the Court's Order of April 12, 2001, Petitoner Respectfully Requests Leave to file a Petiton for Rehearing En Banc. (To be treated as a petiton for en banc reconsideratin. AH) 03-10660
09/02/2003RemittiturIssued Return Letter. Returned Record on Appeal, Vols. 1 through 42 this day. 03-10372
09/24/2003RemittiturFiled Letter: Entered Receipt for Documents. Received by County Clerk on September 5, 2003. 03-10372