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Case Information: 71147
Short Caption:KOGOD VS. CIOFFI-KOGOD C/W 71994Court:Supreme Court
Consolidated:71147*, 71994Related Case(s):71994
Lower Court Case(s):Clark Co. - Eighth Judicial District - D489442Classification:Civil Appeal - Family Law - Other
Disqualifications:Case Status:Rehearing Denied
Replacement:Panel Assigned: En Banc
To SP/Judge:08/30/2016 / Worrell, CarolynSP Status:Completed
Oral Argument:06/05/2018 at 10:30 AMOral Argument Location:Las Vegas
Submission Date:06/05/2018How Submitted:After Oral Argument

+ Party Information

+ Due Items

Docket Entries
DateTypeDescriptionPending?Document
08/29/2016Filing FeeFiling Fee Paid. $250.00 from Daniel Marks. Check no. 17914.
08/29/2016Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SEALED).
08/29/2016Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed.16-26832
08/30/2016Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Carolyn Worrell.16-27026
09/06/2016Notice of Appeal DocumentsFiled The Exhibit List(s) from the Non-Jury Trial, Held February 23, 2016 through February 26, 2016 (SEALED).
09/12/2016Docketing StatementFiled Docketing Statement Civil Appeals.16-28101
09/23/2016Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for October 6, 2016 at 10:00 am.16-29672
09/29/2016Filing FeeFiling Fee due for Cross-Appeal.
09/29/2016Notice of Appeal DocumentsFiled Notice of Cross-Appeal. (SEALED).
09/29/2016Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (CROSS-APPEAL)16-30374
09/29/2016Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. (Amended Cross-Appeal) (SEALED).
10/05/2016Filing FeeFiling Fee Paid. $250.00 from Radford J. Smith, Chartered. Check No. 13582.
10/11/2016Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: Wed., October 19, 2016, at 4:00 pm by conference call to be initiated by the settlement judge.16-31685
10/20/2016Docketing StatementFiled Respondent/Cross-Appellant's Docketing Statement Civil Appeals.16-32817
10/25/2016MotionFiled Appellant/Cross-Respondent's Motion for a Stay Pending Appeal.16-33475
10/31/2016Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter.16-33911
11/07/2016MotionFiled Respondent/Cross-Appellant's Opposition to Motion for a Stay Pending Appeal.16-34641
11/08/2016Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 15 days transcript request; 90 days opening brief and appendix.16-34909
11/15/2016MotionFiled Appellant/Cross-Respondent's Reply in Support of Motion for a Stay Pending Appeal.16-35602
11/23/2016Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/14/15; 02/17/16; 4/6/16; 5/4/16; 7/13/16; 9/21/16; and 10/18/16. To Court Reporter: Lawanda Brown.16-36628
11/30/2016Notice/IncomingFiled Notice - NRAP 26.1 Disclosure.16-37099
12/01/2016Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 05/01/15, 06/01/15, 06/26/15, 07/21/15, 09/09/15, 11/18/15, 02/23/16, 02/24/16, 02/25/16. To Court Reporter: Transcript Video Service.16-37172
01/06/2017TranscriptFiled Notice from Court Reporter. Kim Gurule stating that the requested transcripts were delivered. Dates of transcripts: 10/14/15, 01/15/16, 02/17/16, 04/06/16, 05/04/16, 07/13/16, 09/21/16, 10/18/16.17-00614
01/17/2017MotionFiled Stipulation to Consolidate Appeals. Nos. 71147/71994.17-01521
01/18/2017TranscriptFiled Notice from Court Reporter. Kim Gurule stating that the requested transcripts were delivered. Dates of transcripts: 09/09/15, 11/18/15.17-01956
01/18/2017MotionFiled Appellant/Cross-Respondent's Motion to Extend Time to File Opening Brief and Appendix.17-01972
01/23/2017Order/ProceduralFiled Order. These appeals are consolidated for all appellate purposes. The clerk shall file the docketing statement and certificate of no transcript request received on January 19, 2017. Appellant/Cross-Respondent's single Opening Brief and Appendix due: April 7, 2017. Nos. 71147/71994.17-02431
01/23/2017Transcript RequestFiled Certificate of No Transcript Request. Nos. 71147/71994.17-02433
01/23/2017Docketing StatementFiled Docketing Statement. Nos. 71147/71994.17-02434
01/25/2017Filing FeeFiling Fee Paid. $250.00 from Radford J. Smith. Check no. 13660. (CROSS-APPEAL)
01/26/2017Order/ProceduralFiled Order Granting Motion for Stay with Alternative Security. In order to stay the portions of the district court order awarding spousal support and imposing sanctions against appellant/cross-respondent, appellant/cross-respondent shall have 30 days from the date of this order to place a lien on his property, located at 9716 Oak Pass Road, Beverly Hills, California, in favor of respondent/cross-appellant in the amount of $1,649,792. Appellant/cross-respondent shall not further encumber the property in any manner or transfer the property during the pendency of this appeal. Regarding the portion of the district court order making an unequal division of property, we conclude that placement of assets in the amount of $2,043,931.50 into a blocked, interest-bearing account will adequately protect respondent/cross-appellant from prejudice arising from a stay. However, the district court is in the best position to determine which assets should be placed into such an account. See generally Zugel v. Miller, 99 Nev. 100, 101, 659 P.2d 296, 297 (1983) ("This court is not a fact-finding tribunal."). Accordingly, the district court shall have 30 days from the date of this order to enter a written order determining which assets, valued at $2,043,931.50, to place into a blocked, interest-bearing account at UBS. The assets shall be placed into the account as soon as possible, and in any event not later than 60 days from the date the district court's order is entered, and shall remain in the account pending the final resolution of this appeal. Nos. 71147/71994.17-02969
02/09/2017Docketing StatementFiled Respondent/Cross-Appellant's Docketing Statement Civil Appeals. Nos. 71147/71994.17-04761
02/24/2017TranscriptFiled Notice from Court Reporter. Rachel Chaisson stating that the requested transcripts were delivered. Dates of transcripts: 05/01/15, 05/19/15, 06/01/15, 06/15/15, 06/26/15, 07/09/15, 02/23/16, 02/24/16, 02/25/16, 04/25/16, 07/21/15. Nos. 71147/71994.17-06518
02/24/2017Order/IncomingFiled District Court Order Re: Supreme Court Order Granting Motion for Stay with Alternative Security. Filed in District Court on 2/24/17.
03/02/2017Order/IncomingFiled District Court Order. Certified copy of order filed in district court on 02/27/17. Re: Supreme Court Order Granting Motion for Stay with Alternative Security (SEALED). Nos. 71147/71994.
03/15/2017TranscriptFiled Notice from Court Reporter. Kim Gurule stating that the requested transcripts were delivered. Dates of transcripts: 07/21/15. Nos. 71147/71994.17-08651
04/06/2017AppendixFiled Appellant's Appendix- Volumes 1-5. Nos. 71147/71994.17-11536
04/06/2017AppendixFiled Appellant's Appendix- Volumes 6-10. Nos. 71147/71994.17-11537
04/06/2017AppendixFiled Appellant's Appendix- Volume 11-16. Nos. 71147/71994.17-11538
04/06/2017AppendixFiled Appellant's Appendix- Volumes 17-21. Nos. 71147/71994.17-11539
04/06/2017AppendixFiled Appellant's Appendix- Volumes 22-24. Nos. 71147/71994.17-11540
04/06/2017AppendixFiled Appellant's Appendix- Volumes 25-29. Nos. 71147/71994.17-11541
04/06/2017AppendixFiled Appellant's Appendix- Volumes 30-34. Nos. 71147/71994.17-11544
04/06/2017AppendixFiled Appellant's Appendix- Volumes 35-37. Nos. 71147/71994.17-11545
04/06/2017AppendixFiled Appellant's Appendix- Volumes 38-43. Nos. 71147/71994.17-11546
04/06/2017AppendixFiled Appellant's Appendix- Volumes 44-47. Nos. 71147/71994.17-11547
04/07/2017Notice/IncomingFiled Receipt of Copy (Appendix Volumes 1-47).17-11680
04/07/2017BriefFiled Appellant/Cross-Respondent's Opening Brief. Nos. 71147/71994.17-11681
05/05/2017MotionFiled Stipulation Extending Deadline to File the Respondent/Cross-Appellant's Answering Brief and Opening Brief on Cross-Appeal. Nos. 71147/71994.17-14949
05/05/2017Notice/OutgoingIssued Notice Motion/Stipulation Approved. Respondent/Cross-Appellant's Answering Brief due: June 7, 2017. Nos. 71147/71994.17-14952
06/06/2017MotionFiled Respondent/Cross-Appellant's Motion for Extension of Time to File the Answering Brief and Opening Brief on Cross-Appeal and the Respondent/Cross-Appellant's Appendix. Nos. 71147/71994.17-18836
06/14/2017MotionFiled Appellant/Cross-Respondent's Opposition to Motion for Extension of Time to File the Answering Brief and Opening Brief on Cross-Appeal and the Respondent/Cross-Appellant's Appendix and Countermotion to Strike. Nos. 71147/71994.17-19783
06/28/2017Order/ProceduralFiled Order Denying Motion To Strike and Granting Motion for Extension of Time. Respondent-cross-appellant shall have until August 7, 2017, to file and serve the answering brief on appeal and opening brief on cross-appeal and appendix. Nos. 71147/71994.17-21439
08/07/2017AppendixFiled Respondent/Cross-Appellant's Appendix. Nos. 71147/71994.17-26053
08/08/2017MotionFiled Respondent/Cross-Appellant's Motion for Extension of Time to File the Answering Brief and Opening Brief on Cross-Appeal. Nos. 71147/71994.17-26259
08/09/2017MotionFiled Appellant/Cross-Respondent's Opposition to Motion for Extension of time to File the Answering Brief and Opening Brief on Cross-Appeal; and Countermotion for Sanctions. Nos. 71147/71994.17-26659
08/23/2017Order/ProceduralFiled Order Granting Motion. Because respondent/cross-appellant request only a short extension and the brief has been submitted, we grant the motion. The clerk shall file the amended combined answering brief and opening brief received on August 17, 2017. We decline to sanction respondent/cross-appellant but caution that future failure to comply with this court's rules and orders may result in the imposition of sanctions. Appellant/cross-respondent combined reply brief on appeal and answering brief on cross-appeal due: 30 days. Fn1[The clerk shall reject the combined answering brief and opening brief received on August 17, 2017.] Nos. 71147/71994.17-28322
08/23/2017BriefFiled Respondent/Cross-Appellant's Amended Answering Brief and Amended Opening Brief on Cross-Appeal.17-28323
09/06/2017MotionFiled Stipulation Extending Deadline to File Appellant's Combined Reply and Answering Brief. Nos. 71147/71994.17-29797
09/06/2017Notice/OutgoingIssued Notice Motion/Stipulation Approved. Combined Reply Brief and Answering Brief due: October 23, 2017.17-29810
10/09/2017MotionFiled Appellant/Cross-Respondent's Motion to Extend Time to File Combined Reply and Answering Brief. Nos. 71147/71994.17-34095
10/09/2017MotionFiled Appellant/Cross-Respondent's Motion for Alternative Security to Enable Appellant to Sell House and Replace Security. Nos. 71147/71994.17-34096
10/17/2017MotionFiled Respondent/Cross-Appellant's Opposition to Appellant/Cross Respondent's Motion for Alternative Security to Enable Appellant to Sell House and Replace Security.17-35412
10/23/2017Order/ProceduralFiled Order Granting Motion. Appellant/Cross-Respondent's Combined Reply Brief on Appeal and Answering Brief on Cross-Appeal due: December 15, 2017. Nos. 71147/71994.17-36264
10/24/2017MotionFiled Appellant/Cross-Respondent's Reply in Support of Motion for Alternative Security to Enable Appellant to Sell House and Replace Security. Nos. 71147/71994.17-36513
12/15/2017Notice/OutgoingIssued Notice of Deficient Brief. Corrected brief due: 5 days (Certificate of compliance does not comply with NRAP 32(a)(9)). Nos. 71147/71994.17-43473
12/15/2017BriefFiled Appellant's Reply Brief on Appeal and Answering Brief on Cross-Appeal. Nos. 71147/71994.17-43481
12/22/2017Order/ProceduralFiled Order Denying Motion. Appellant/cross-respondent's Motion to Stay is Denied. Nos. 71147/71994.17-44227
01/11/2018Case Status UpdateBriefing Completed/To Screening. No reply brief filed. Nos. 71147/71994
01/16/2018MotionFiled Respondent/Cross-Appellant's Motion for Extension of Time to File (Reply Brief on Cross Appeal). Nos. 71147/71994.18-02090
01/25/2018Order/ProceduralFiled Order Denying Motion. Respondent/Cross-Appellant's Reply Brief on Cross-Appeal due: 11 days. Nos. 71147/71994.18-03534
02/06/2018BriefFiled Respondent/Cross-Appellant's Reply Brief. Nos. 71147/71994.18-05050
02/06/2018Case Status UpdateBriefing Completed/To Screening.
04/23/2018Order/Clerk'sFiled Order Re: Scheduling of Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter will be scheduled for oral argument. Nos. 71147/71994.18-15446
04/25/2018Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, June 5, 2018, at 10:30 a.m. for 30 minutes in Las Vegas.18-15830
05/21/2018Notice/OutgoingIssued Oral Argument Reminder Notice.18-19308
06/05/2018Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
01/28/2019Order/ProceduralFiled Order of Assignment. The Honorable Michael L. Douglas, Senior Justice, having previously participated in the above entitled matter, IT IS HEREBY ORDERED that the Honorable Michael L. Douglas, Senior Justice, is assigned to participate in the determination of this matter. Nos. 71147/71994. (SC)19-04223
04/25/2019Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded with instructions." Before the Court En Banc. Author: Pickering, J. Majority: Pickering/Gibbons/Parraguirre/Douglas. Hardesty, J., with whom Stiglich, J., agrees, concurring in part and dissenting in part. 135 Nev. Adv. Opn. No. 9. EN BANC Nos. 71147/71994 (SC)19-18121
04/30/2019MotionFiled Appellant's Verified Bill of Costs. Nos. 71147/71994. (SC)Y19-18991
05/14/2019Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent in Docket No. 71147 and Respondent/Cross-Appellant in Docket No. 71994 shall have until May 28, 2019, to file and serve the petition for rehearing. Nos. 71147/71994. (SC).19-20985
05/28/2019Post-Judgment PetitionFiled Respondent/Cross-Appellant's Petition for Rehearing. Nos. 71147/71994. (RETURNED REHEARING PER NOTICE 5/29/19). (SC)
05/29/2019Notice/OutgoingIssued Notice Returning Unfiled Rehearing Petition. Filing fee was not submitted with petition. (SC)19-23234
05/29/2019Filing FeeE-Payment $250.00 from Radford J. Smith. (SC)
05/29/2019Post-Judgment PetitionFiled Respondent/Cross-Appellant's Petition for Rehearing. Nos. 71147/71994. (SC)19-23284
05/29/2019Filing FeeFiling fee paid. E-Payment $150.00 from Radford J. Smith. Nos. 7114/71994. (SC)
07/05/2019Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Hardesty, J., dissenting. Nos. 71147/71994. (SC).19-28717