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Case Information
Filed
2024-07-15
Status
Case Closed
Type
Civil Appeal Family Law Fast Track Child Custody
Docket
54 entries
Disposition
order the judgment
Docket Entries
- Transferred from Supreme Court. (COA).
- Filed Emergency Motion for Stay (TRANSFERRED FROM THE SUPREME COURT PER 08/29/23 NOTICE) (COA)
- Filed Docketing Statement Civil Appeals. (COA).
- Filed Notice of Non-Opposition and Reply in Support of Emergency Motion for Stay Under NRAP 27(e) of District Court's Order After Evidentiary Hearing; Order Modifying Custody, Visitation and Support. (COA).
- Filed Appellant's Amended Certificate of Service for the Notice of Non-Opposition and Reply in Support of Emergency Motion for Stay Under NRAP 27(e) of District Court's Order. (COA)
- Filed Order Granting Temporary Emergency Motion for Stay. We have considered appellant's emergency motion, appellant's notice of non-opposition and reply, as well as respondent's failure to oppose the motion. We conclude that a temporary stay pending our receipt and consideration of the district court's order resolving the stay motion below and further order of this court is warranted, and we grant a temporary stay on that basis. In granting this temporary stay, we urge the district court to resolve the motion for stay as expeditiously as its calendar permits. Appellant shall have 5 days from the date the district court enters an order resolving the motion for stay to obtain and provide to this court a copy of the district court's order. (COA)
- Filed Appellant's Motion for Leave to File Supplemental Brief to Address District Court's Order.(COA)
- Filed Order Granting Motion for Supplemental Briefing. We grant the motion to the following extent. Appellant shall have 7 days from the date of this order to file and serve a supplemental brief. The supplemental brief shall be limited to addressing the district court's September 15, 2023, order denying emergency motion to stay order after evidentiary hearing. Respondent shall have 7 days from service of the supplemental brief to file and serve an answering brief. Appellant shall have 7 days from service of respondent's answering brief to file any reply. The page and type-volume limitations that NRAP 27(d) imposes on motions shall apply. (COA)
- Filed Appellant's Supplemental Brief in Support of Emergency Motion for Stay Under NRAP 27(e) of the District Court's Order After Evidentiary Hearing; Order Modifying Custody, Visitation, and Support.(COA)
- Filed Order Granting Motion for Stay in Part. We grant the motion in part and hereby stay the 90-day-no-contact portion of the August 1 order, such that Casas-Gonzalez is entitled to some regular contact with the children pending appeal. The remaining provisions contained in the August 1,, district court order are not affected by this order pending appeal. (COA)
- Filed Order to File Documents. Appellant's fast track statement and appendix and transcript request form due: 7 days. (COA)
- Filed Appellant's Certificate That No Transcript is Being Requested.(SC)
- Filed Appellant's Appendix to Fast Track Statement Vol. 1 (COA)
- Filed Appellant's Appendix to Fast Track Statement Vol. 2 (COA)
- Filed Appellant's Appendix to Fast Track Statement Vol. 3 (COA)
- Filed Appellant's Appendix to Fast Track Statement Vol. 4 (COA)
- Filed Appellant's Appendix to Fast Track Statement Vol. 5 (COA)
- Filed Filed Appellant's Appendix to Fast Track Statement Vol. 6 (COA)
- Filed Appellant's Child Custody Fast Track Statement (COA)
- Filed Appellant's Motion to Exceed Word Count Limitation(SC)
- Filed Order Referring Respondent to The Pro Bono Program. This case is hereby referred to the program established by the Pro Bono Committee to evaluate whether respondent can benefit from the program. The clerk of this court is directed to transmit a copy of this order and the attached case summary and district court order to the Legal Aid Center of Southern Nevada for financial eligibility screening. Respondent's notice of appearance due: 60 days. The briefing schedule in this appeal shall be suspended pending further order of this court. (COA)
- Filed Order Granting Motion. Notwithstanding its untimeliness, we grant appellant's motion to file a fast track statement in excess of the page limitation. The clerk of this court shall file the fast track statement received on November 27, 2023. (COA)
- Filed Appellant's Certificate of Service.(COA)
- Filed Respondent's Notice of Appearance as Counsel on Appeal.(Kirk B. Lenhard and Jamie P. Leavitt for Respondent)(COA)
- iled Order Reinstating Briefing. This court previously referred this matter to the Pro Bono Project of the Legal Aid Center of Southern Nevada for the appointment of pro bono counsel to represent respondent. Attorneys Kirk B. Lenhard and Jamie P. Leavitt of Brownstein Hyatt Farber Schreck, LLP, have now filed a notice of appearance for respondent. Accordingly, the clerk of this court shall add Mr. Lenhard and Ms. Leavitt as counsel for respondent. Briefing is reinstated as follows. Respondent shall have 21 days from the date of this order to file and serve a fast track response and any appendix. See NRAP 3E(d)(2), NRAP 3E(d)(5). (COA)
- iled Order Granting Extension Per Telephonic Request. Respondent's fast track response due: March 11, 2024. (COA)
- iled Respondent's Motion to Expand Response(COA)
- iled Order Granting Motion for Leave to File Fast Track Response with Excess Pages. Respondent has moved for leave to file a fast track response up to 45 pages in length. Having reviewed the motion, it is granted. Respondent may file and serve a fast track response no longer than 45 pages; the fast track response is due by March 11, 2024. (COA)
- iled Respondent's Child Custody Fast Track Response(COA)
- iled Order Granting Extension Per Telephonic Request. Appellant's fast track reply due: April 1, 2024. (COA)
- iled Appellant's Motion to Expand Reply (COA)
- iled Respondent Opposition to Appellant's Motion to Expand Reply (COA)
- iled Appellant's Amended Certificate of Service to Appellant's Motion to Expand Reply. (COA)
- iled Appellant's Reply in Support of Appellant's Motion to Expand Reply (COA)
- iled Order Granting Motion for Leave to File Expanded Fast Track. Appellant has moved for leave to file a fast track reply up to 15 pages in length, pointing to the complexities of the case and noting that both appellant and respondent have been allowed to file fast track documents well in excess of the NRAP 3E(d) page limits. Respondent has filed an opposition to the motion, and appellant has filed a reply. Having reviewed the parties' arguments, the motion is granted. Appellant thus may file and serve a fast track reply no longer than 15 pages; the fast track reply is due by April 1, 2024. (COA)
- iled Appellant's Amendment to Appellant's Appendix VOL. 1(COA)
- iled Appellant's Amendment to Appellant's Appendix VOL. 3(COA)
- iled Appellant's Amendment to Appellant's Appendix VOL. 5 (COA)
- iled Appellant's Supplemental Appellant's Appendix VOL. 1(COA)
- iled Appellant's Supplemental Appellant's Appendix VOL. 2(COA)
- iled Appellant's Reply to Fast Track Response(COA)
- iled Respondent's Objection and Motion to Strike Appellant's Reply Brief and Supplemental Appendices(COA)
- iled Order Scheduling Oral Argument. This matter is scheduled for oral argument on May 29, 2024, at 11 a.m. The argument will take place in both Carson City and Las Vegas. Counsel for each party shall file with the court, by May 13, a notice specifying at which location they intend to appear. The argument shall be limited to 30 minutes. (COA)
- iled Notice of Voluntary Disclosure for Chief Judge Gibbons. (COA)
- iled Appellant's Opposition to Respondent's Objection and Motion to Strike Appellant's Reply Brief and Supplemental Appendices. (COA)
- iled Appellant's Notice of Attendance at Oral Argument(Hannah E. Winston notifies the Court that she will be arguing at the oral argument scheduled for May 29, 2024 at 11:00 a.m. on behalf of Appellant Virginia Casas-Gonzalez. (COA)
- iled Respondent's Notice of Attendance at Oral Argument(Jamie P. Leavitt for Respondent)(COA)
- iled Order Denying Motion to Strike. Respondent has filed an objection to and motion to strike a portion of appellant's fast track reply and her supplemental appendices as containing information and documents outside the scope of the briefing and the record on appeal. Appellant opposes the motion. Generally, fast track replies "must be limited to answering matters set forth in the fast track response." Further, parties' references to matters outside the record and events that occurred after the district court ruled are generally improper. However, this general rule is not absolute, and courts have concluded that taking judicial notice of matters outside the record on appeal may be appropriate in certain instances, such as in determining whether an issue has been rendered moot, or, especially in custody cases, to determine whether the record before it remains sufficient to issue a determination. Having reviewed the parties' arguments, and despite appellant's failure to file a motion seeking to supplement the record, we conclude that exceptions to the general rule may apply here and thus denies, without prejudice, the motion to strike. Further, this court recognizes that respondent does not have a formal mechanism to challenge the new information or exhibits that were not contained in the original appendix beyond this motion to strike. However, oral argument is scheduled for May 29, 2024, and the parties may be granted extra time to argue as needed. COA-MG/BB/DW (COA)
- ral argument held this day. Case submitted for decision. Before the Court of Appeals. (COA)
- iled Appellant's Motion for Limited Remand. (COA)
- iled Respondent's Response to Appellant's Motion for Limited Remand(COA)
- iled Appellant's Reply in Support of Motion for Limited Remand Pursuant to NRAP 12A(COA)
- iled Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." Bulla, J. concurring in part and dissenting in part. Court of Appeals-MG/BB/DW. (COA).
- ransferred to Supreme Court. (COA)
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