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Combined Case Information: 85195
Short Caption:FALCONI VS. DIST. CT. (MINTER)Court:Supreme Court
Related Case(s):85974, 86122, 88412
Lower Court Case(s):Clark Co. - Eighth Judicial District - D402901Classification:Original Proceeding - Civil - Mandamus
Disqualifications:LeeCase Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:03/02/2023 at 10:30 AMOral Argument Location:Carson City
Submission Date:03/02/2023How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/19/2022Filing FeePetition Filing Fee Paid. $250.00 from Luke Andrew Busby. E-Payment Ref. no. 22081931348391. (SC)
08/19/2022Petition/WritFiled Emergency Petition Under NRAP 27(e). Petition for Writ of Mandamus. (SC)22-26036
08/19/2022AppendixFiled Appendix to Petition for Writ. (SC)22-26037
08/22/2022Notice/IncomingFiled Proposed Intervenor Justin Martin's Notice of Intent to Seek Intervention. (SC)22-26088
08/23/2022Order/ProceduralFiled Order Directing Supplement and Answer and Inviting Amici Curiae Participation. We decline to dismiss this petition at this time and proceed to briefing. Petitioner shall have 7 days from the date of this order to file and serve a supplement to his petition. Real parties in interest shall have 21 days from the date that petitioner's supplement is served to file and serve an answer. Petitioner may file and serve any reply within 14 days from the date when the answer is served. The court requests that the Family Law Section of the State Bar of Nevada and legal aid services participate in this appeal as amici curiae. Should the Family Law Section and any legal aid service consent to participate as amicus curiae, they shall have 28 days from the date of this order to file and serve any amicus brief that complies with NRAP 29; they should otherwise notify this court that they intend to decline the invitation to participate as amici curiae in this matter within that same timeframe. This matter raises issues similar to those asserted in Falconi v. Eighth Judicial District Court, Docket No. 84947, and thus, upon completion of briefing, these cases may be clustered to ensure that they are resolved in a consistent and efficient manner. (SC)22-26230
08/29/2022Petition/WritFiled Supplement to Petition for Writ. (SC)22-26941
09/14/2022MotionFiled Real Party in Interest, Troy A. Minter's Motion for Extension of Time to File Answering Brief. (SC)22-28774
09/14/2022Notice/IncomingFiled Petitioner's Notice of Non-Opposition to Real Party in Interest Troy A. Minter's Motion for Extension of Time to File Answering Brief. (SC)22-28867
09/19/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Amicus curiae parties shall have until October 4, 2022, to file and serve their amicus brief. (SC)22-29365
09/19/2022Order/ProceduralFiled Order Granting Motion. Real party in interest Troy A. Minter shall have until October 19, 2022, to file and serve the answer. Petitioner shall have 14 days from the date the last-filed answer is served to file and serve any reply. (SC)22-29367
09/19/2022MotionFiled Family Law Section's Motion for Extension of Time to File Amicus Curiae Brief. (SC)22-29381
09/19/2022Notice/IncomingFiled Notice of Non-Opposition to Family Law Section's Motion for Extension of Time to File Amicus Curiae Brief. (SC)22-29396
09/21/2022Order/ProceduralFiled Order Granting Motion. The Family Law Section of the State Bar of Nevada shall have until October 20, 2022, to file and serve an amicus brief. (SC)22-29659
09/26/2022MotionFiled Motion for Permission to File Document. Notice: The American Academy of Matrimonial Lawyers Committee on Amicus Brief's Motion for Leave of Court to File Amicus Curiae Brief. (SC)22-30073
09/30/2022MotionFiled Legal Aid Center of Southern Nevada, Nevada Legal Services, Volunteer Attorneys for rural Nevadans and Northern Nevada Legal Aid's Motion for Extension of Time to File Amici Curiae Brief. (SC)22-31031
10/03/2022Order/ProceduralFiled Order. The National American Academy of Matrimonial Lawyers Committee shall have until November 21, 2022, to file and serve a motion for leave to file an amicus brief accompanied by the proposed brief.22-31133
10/04/2022Order/ProceduralFiled Order. Legal Aid Center of Southern Nevada, Inc.; Nevada Legal Services; Volunteer Attorneys for Rural Nevadans; and Northern Nevada Legal Aid have filed a motion for a second extension of time to file an amicus brief as invited by this court. The motion is granted. Proposed amici shall have until November 3, 2022, to file and serve an amicus brief. (SC)22-31296
10/19/2022Petition/WritFiled Real Party in Interest, Troy A. Minter's Answer to Petition for Writ. (SC)22-32984
10/20/2022MotionFiled Amicus Curiae Family Law Section's Motion for Permission to Expand Amicus Brief (Brief attached) (DETACHED BRIEF AND FILED PER ORDER 10/21/22) (SC)22-33111
10/21/2022Order/ProceduralFiled Order Granting Motion. The Family Law Section of the State Bar of Nevada, has filed a motion for leave to file an amicus brief in excess of the length limitations. The clerk of this court shall detach the amicus brief from the motion and shall file it separately. (SC)22-33245
10/21/2022BriefFiled Amicus Brief (Family Law Section ) (SC)22-33246
10/31/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Petitioner's reply to answer to petition for writ due: November 16, 2022. (SC)22-34023
11/03/2022BriefFiled Amicus Brief of Legal Aid Center of Southern Nevada, Nevada Legal Services, Northern Nevada Legal Aid and Volunteer Attorneys for Rural Nevadans. (SC)22-34662
11/08/2022Petition/WritFiled Petitioner's Reply to Answer to Petition. (SC)22-35113
11/16/2022Notice/IncomingFiled Notice of Appearance for Amicus Curiae National American Academy of Matrimonial Lawyers Committee for Marshal S. Willick. (SC)22-36050
11/21/2022MotionFiled American Academy of Matrimonial Lawyers Motion for Leave to Participate as Amicus Curiae and to file in Excess of Fifteen Pages. (SC)22-36498
11/21/2022BriefFiled American Academy of Matrimonial Lawyers Amicus Curiae In Support of Denial of Writ. (SC)22-36499
12/06/2022Order/ProceduralFiled Order Granting Motion. Proposed amicus the American Academy of Matrimonial Lawyers (AAML) has filed a motion for leave to file an amicus brief in support of denial of the writ petition and for leave to file a brief in excess of the type-volume limitations set by NRAP 29 and NRAP 21. Having considered the proposed brief, the motion is granted. (SC)22-38223
02/09/2023Order/ProceduralFiled Order Scheduling Oral Argument. Oral argument is scheduled for March 2, 2023, at 10:30 a.m. This argument is scheduled in conjunction with the argument in Falconi v. Clark County Eighth Judicial District, Docket No. 84947, currently scheduled for March 2, 2023, at 10:30 a.m. in Carson City. The argument in these matters shall be limited to a total of 30 minutes. (SC)23-04037
02/15/2023MotionFiled American Academy of Matrimonial Lawyers' Motion to Participate in Oral Argument as Amicus Curiae. (SC)23-04674
02/17/2023Order/ProceduralFiled Order Regarding Oral Argument. This court has determined that oral argument would be of assistance in resolving the issues presented in Las Vegas Review Journal v. Clark County Eighth Judicial District Court, Docket No. 85228. Accordingly, oral argument is scheduled in Docket No. 85288 for March 2, 2023, at 10:30 a.m. in Carson City in conjunction with the arguments scheduled in Docket No. 84947 and Docket No. 85195. The argument in these matters shall be limited to a total of 60 minutes. The parties for each side shall decide how to divide their allotted 30 minutes. Amicus curiae American Academy of Matrimonial Lawyers has filed a motion to participate in oral argument. The motion is granted. Nos. 84947/85195/85228. (SC).23-04905
02/17/2023Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 85195/84947/85228 (SC)23-04922
02/17/2023Notice/IncomingFiled Respondent's Substitution of Attorneys for Fred Page (SC)23-05099
02/27/2023Order/ProceduralFiled Order. Pursuant to the substitution of attorney filed on February 17, 2023, the clerk of this court shall remove Rena G. Hughes and the Abrams & Mayo Law Firm from the docket and shall add Fred Page and the Page Law Firm in her stead as counsel of record for real party in interest Troy Minter. (SC)23-05863
03/01/2023OtherJustice Patricia Lee disqualified from participation in this matter. Disqualification Reason: Voluntary Recusal
03/02/2023Case Status UpdateOral argument held this day. Case submitted for decision. Before the full court. Nos. 85195/84947/85228. (SC)
03/06/2023MotionFiled Motion. (REJECTRED PER PHONE CALL). (SC)
03/06/2023MotionFiled Petitioner's Motion. (SC)23-06619
03/08/2023MotionFiled Amicus Curiae's (Marshal S. Willick) Response to Motion. (SC)23-07133
03/10/2023MotionFiled Petitioner's Reply to Response to Motion. (SC)23-07429
03/17/2023Order/ProceduralFiled Order. Petitioner has filed a motion for this court to enter an order that counsel for amicus American Academy of Matrimonial Lawyers (AAML) was not authorized to argue at oral argument on behalf of real party in interest Jennifer R. Easler. AAML has filed a response, and petitioner has filed a reply. This court defers ruling on the motion pending final disposition of the petition. (SC)23-08314
04/07/2023Order/ProceduralFiled Order of Assignment. The Honorable Patricia Lee, Justice, being disqualified in the above-entitled matters, IT IS HEREBY ORDERED that the Honorable Abbi Silver, Senior Justice, is assigned to participate in the determination of these matters in place of Justice Lee. 84947/85195/85228. (SC)23-10667
04/07/2023MotionFiled T. Matthew Phillips' Motion for Leave to File Affidavit. (SC)23-10711
04/07/2023Notice/IncomingFiled T. Matthew Phillips' Affidavit Re. False Statements by Luke Busby. (STRIKEN PER 4/13/23 ORDER) (SC)
04/13/2023Order/ProceduralFiled Order Denying Motion. T. Matthew Phillips has filed a motion for leave to file an affidavit responding to factual allegations made in petitioner's reply brief. Phillips proposes that he is a de facto real party in interest in this matter because his divorce case is one of a number of cases listed by petitioner as being similarly situated to the instant matter. It does not appear that Phillips filed a timely motion to intervene in the district court pursuant to NRCP 24, and no statute or court rule allows for intervention in the appellate courts. The motion is denied. The clerk of this court shall strike the affidavit filed on April 7, 2023. (SC)23-11328
02/15/2024Opinion/DispositionalFiled Authored Opinion. "Petition granted." Before the Court En Banc. Author: Herndon, J. Majority: Cadish/Herndon/Pickering/Silver. Stiglich, J., with whom Parraguirre and Bell, JJ., agree, dissenting. fn1 [The Honorable Patricia Lee, Justice, did not participate in the decision in this matter. The Honorable Abbi Silver, Senior Justice, was appointed to sit in her place.] fn3 [After argument, Falconi filed a motion requesting this court correct the record because Willick was not authorized to argue on Easler's behalf, as she does not oppose the writ petition. We grant that motion and caution counsel of the need to be accurate in representations made before this court.] 140 Nev. Adv. Opn. No. 824-05679
02/15/2024WritIssued Writ with letter. Original and one copy of writ and copy of authored opinion mailed to petitioner for service upon Judge Charles Hoskin. (SC)
02/20/2024WritIssued Corrected Writ with letter. Original and one copy of writ and copy of authored opinion mailed to Petitioner for service upon Judge Charles Hoskin. (SC)24-05977
02/29/2024Notice/IncomingFiled Respondent's (Eighth Judicial District Court of the State of Nevada) Notice of Appearance for Jeffrey Conner. (SC)24-07402
02/29/2024MotionFiled Respondent's (Eighth Judicial District Court) Motion for Extension of Time to File a Petition for Rehearing. (SC)24-07423
03/01/2024WritFiled Returned Writ. Original Writ returned. Served on Judge Charles Hoskin on February 26, 2024. (SC)24-07539
03/01/2024Notice/IncomingFiled Notice of Appearance (Marshal S. Willick as counsel for Real Party in Interest Minter). (SC).24-07672
03/01/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Real Party in Interest Troy Minter's Petition for Rehearing due: March 18, 2024. (SC).24-07673
03/08/2024Order/ProceduralFiled Order Granting Motion. Respondent Eighth Judicial District Court of the State of Nevada's rehearing petition due: April 3, 2024. (SC)24-08399
03/18/2024Post-Judgment PetitionFiled Real Party in Interest (Troy Minter) Petition for Rehearing. (SC)24-09584
03/18/2024Filing FeeReal Party in Interest (Troy Minter) Rehearing fee paid. E-Payment $150.00 from Marshal S. Willick. (SC)
04/03/2024Post-Judgment PetitionFiled Respondent's Petition for Rehearing. (SC)24-11850
04/03/2024Filing FeeRespondent's Rehearing Filing fee waived. (SC)
05/13/2024Post-Judgment OrderFiled Order Denying Rehearing's. The rehearing petitions filed on March 18, 2024, and April 3, 2024, are denied. Stiglich, Parraguirre, and Bell, JJ., dissenting. NRAP 40(c). fn1[ Patricia Lee, Justice, and Abbi Silver, Justice (ret) did not participate in the decision in this matter.] En Banc (SC)24-16750
06/07/2024RemittiturIssued Notice in Lieu of Remittitur. (SC)24-19928
06/07/2024Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed. (SC)
06/07/2024MotionFiled Amicus Curiae National American Academy of Matrimonial Lawyers Committee Motion to Recall and for Stay of Remittitur Pending Petition for Writ of Certiorari Proceedings(SC)24-20029
06/24/2024Order/ProceduralFiled Order Denying Motion to Recall and Stay Remittitur. Real party in interest Troy Minter filed a motion to recall and for stay of remittitur pending the potential filing of applications for a writ of certiorari by amici curiae. This court construes the motion as a motion to recall the notice in lieu of remittitur. No cause appearing, the motion is denied. (SC)24-21799
08/30/2024Notice/IncomingFiled Notice from US Supreme Court/Certiorari Extension of Time to File Petition for Writ of Certiorari was Granted. (SC)24-31543
09/24/2024Notice/IncomingFiled Petitioner's Proof of Service for Writ of Mandamus and Order Granting Petition. (SC)24-35343
10/01/2024Notice/IncomingFiled Notice from US Supreme Court/Certiorari Filed. A petition for a writ of certiorari was filed 09/25/24 and placed on the docket as Case No. 24-338. (SC).24-36563
11/08/2024Notice/IncomingFiled Notice from US Supreme Court/Certiorari Denied. The petition for a writ of certiorari is denied. (SC)24-42395