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Case Information: 57327
Short Caption:STIPP VS. STIPP (CHILD CUSTODY)Court:Supreme Court
Related Case(s):57876, 62299, 81888, 81888-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - D389203Classification:Civil Appeal - Family Law - Fast Track Child Custody
Disqualifications:PickeringCase Status:Remittitur Issued/Case Closed
Replacement:None for Justice PickeringPanel Assigned: En Banc
To SP/Judge:12/28/2010 / Gaston, RobertSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/21/2013How Submitted:On Record
Expedited

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/14/2010Filing FeeFiling Fee due.
12/14/2010Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day.10-32590
12/14/2010Notice/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.10-32591
12/16/2010Filing FeeFiling Fee Paid. $250.00 from Patricia L. Vaccarino. Check No. 139.
12/16/2010Notice/OutgoingIssued Notice: Referral to Settlement Program. Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed.10-32948
12/17/2010Filing FeeReturned Filing Fee. Check No. 133 returned to the Law Offices of Patricia L. Vaccarino.
12/27/2010Filing FeeReturned Filing Fee. Check No. 144 returned toLaw Offices of Patricia Vaccarino. (Filing fee previously paid on 12/16 check no. 139.)
12/27/2010Notice of Appeal DocumentsFiled Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.)10-33732
12/27/2010Filing FeeFiling Fee Paid. $250.00 from Radford J. Smith check no. 10208. (Cross-Appeal)
12/27/2010Notice/OutgoingIssued Notice to File Case Appeal Statement. Due date: 10 days. (Cross-Appeal)10-33734
12/28/2010Settlement NoticeIssued Notice: Assignment to Settlement Program - Settlement Judge: Robert E. Gaston.10-33887
01/07/2011Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for 1/19/11.11-00806
01/11/2011TranscriptFiled Notice from Court Reporter. Shelly Ajoub stating that the requested transcripts were delivered. Dates of transcripts: 12/1/10.11-01036
01/11/2011Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent.11-01086
01/11/2011Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge. (Docketing Statement).11-01087
01/18/2011Docketing StatementFiled Docketing Statement. (Respondent/Cross-Appellant).11-01572
01/18/2011ExhibitFiled Exhibits (copies). Exhibits: Docketing Statement Exhibits H and I. (Respondent/Cross-Appellant).11-01573
01/24/2011Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: 1/24/1111-02353
01/27/2011Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter.11-02683
02/07/2011Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated Pursuant to NRAP3E. The parties were unable to agree to a settlement. Appellant(s) and Cross-Appellant(s): 10 days transcript request; 40 days fast track statement and appendix. Appellant and Cross-Appellant: 20 days from service of fast track statement to file fast track response. Cross-Appellant: 10 days to file case appeal statement.11-03926
02/17/2011Transcript RequestFiled Certificate of No Transcript Request. (Respondent/Cross-Appellant.).11-05140
02/17/2011Notice of Appeal DocumentsFiled Cross-Appellant's Case Appeal Statement-Letter with Case Cross-Appeal Statement attached.11-05212
02/18/2011Notice/IncomingFiled Notice of Association of Counsel. Representing respondent/cross-appellant: Mitchell D. Stipp, Esq.11-05355
02/22/2011Order/ProceduralFiled Order to Show Cause. Respondent/cross-appellant 30 days to file a response. The briefing schedule in the cross-appeal shall be suspended pending further order of this court. Appellant-cross-respondent may file any reply within 10 days from the date that respondent/cross-appellant's response is served.11-05522
03/17/2011Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's fast track statement due: March 28, 2011.11-08114
03/23/2011MotionFiled Response to Order to Show Cause. Respondent/Cross-Appellant.11-08943
03/31/2011AppendixFiled Appendix to Fast Track Statement. Vols 1-8.11-09742
03/31/2011Fast Track BriefFiled Fast Track Statement Child Custody.11-09771
04/07/2011MotionFiled Motion for Extenstion to File Appellant/Cross-Respondent's Reply to Response to Order to Show.11-10430
04/08/2011MotionFiled Reply to Respondent's Response to Order to Show Regarding Dismissal of Cross-Appeal.11-10572
04/18/2011Order/ProceduralFiled Order Allowing Cross-Appeal to Proceed and Setting Briefing Schedule. Respondent/Cross-Appellant's Combined Response/Fast Track Statement and Appendix due: 20 days. Appellant/Cross-Respondent's Response and Appendix due: 20 days from service of cross-appellant's response. fn1[We deny as moot Christina's April 7, 2011, motion for an extension of time to file her reply, as the clerk of this court filed the reply on April 8, 2011.]11-11508
05/09/2011MotionFiled Motion to Direct Transmittal of Child Custody Evaluation Under Seal.11-13714
05/09/2011MotionFiled Motion to File Combined Fast Track Statement and Response of Maximum of 25 Pages.11-13715
05/18/2011MotionFiled Combined Response to Respondent/Counterclaimant's Motion to File Combined Fast Track Statement and Response of Maximum of 25 Pages and Motion to Direct Transmittal of Child Custody Evaluation Under Seal, and Countermotion for New Order Setting Due Date for Appellant's Child Custody Fast Track Response and for Sanctions to Issue Against Respondent.11-14725
05/20/2011MotionFiled Respondent's Reply To Combined Response/Opposition To Motions To File Combined Fast Track Statement And Response of Maximum of 25 Pages and to Direct Transmittal of Child Custody Evaluation Under Seal.11-14997
06/28/2011Order/ProceduralFiled Order Granting Motion to File Combined Fast Track Statement and Response of 25 Pages and Directing Transmittal of Child Custody Evaluation Under Seal. We direct the clerk of this court to file respondent/cross-appellant's combined fast track statement, response, and appendix, received on May 9, 2011. Appellant/Cross-Respondent's Response to Mitchell's Fast Track Statement due: 20 days. We direct the district court to transmit to this court, under seal, Dr. Paglini's April 29, 2010, child custody evaluation.11-19210
06/28/2011Fast Track BriefFiled Respondent/Cross-Appellant's Fast Track Statement and Response.11-19216
06/28/2011AppendixFiled Respondent/Cross-Appellant's Appendix to Fast Track Statement and Response.11-19217
07/08/2011Order/IncomingFiled District Court Order. Child Custody Evaluation (SEALED). Response to 6/28/11 order.
07/18/2011Fast Track BriefFiled Appellant/Cross-Respondent's Fast Track Response.11-21472
08/01/2011Fast Track BriefFiled Reply to Fast Track Response. Respondent/Cross-Appellant.11-23170
08/03/2011Notice/IncomingFiled Errata to Reply to Fast Track Response (Respondent/Cross-Appellant).11-23438
08/15/2011Fast Track BriefFiled Appellant/Cross Respondent's Fast Track Reply.11-24738
04/09/2012OtherJustice Kristina Pickering disqualified from participation in this matter. Disqualification Reason: Voluntary Recusal.
04/09/2012OtherJustice Kristina Pickering disqualified from participation in this matter. Disqualification Reason: Voluntary Recusal
04/24/2012Order/ProceduralFiled Order Inviting Amicus Curiae Participation. The court requests that the Family Law Section of the State Bar of Nevada participate in this appeal as amicus curiae by filing a brief or briefs. The parties to this appeal shall have 11 days from the date of this order to serve the Family Law Section with copies of their respective notices of appeal, docketing statements, fast track filings, and appendices. Within that same time, the parties shall file in this court properly completed certificates of service. Should the Family Law Section consent to participate as amicus curiae, it shall have 45 days from the date of service of the parties' appellate documents to file and serve any amicus brief or briefs, or notify this court that it intends to decline the invitation to participate as amicus curiae in this matter.12-13008
05/03/2012Notice/IncomingFiled Certificate of Service of All Documents Ordered to be Receipted by Appellant.12-13935
05/04/2012ExhibitFiled Exhibits (copies). Exhibits: Docketing Statement Exhibits E, F and G (Respondent/Cross-Appellant).12-14005
05/04/2012Notice/IncomingFiled Certificate of Service of CD-ROM with Notice of Appeal; Docketing Statement; Exhibits E thru I for Docketing Statement; Fast Track Statement and Response; Appendix to Fast Track Statment and Response (Parts 1 & 2); Reply to Fast Track Response and Errate to Reply to Fast Track Response.12-14111
06/29/2012Letter/IncomingFiled Letter from Robert Cerceo, Esq. Chair, Family Law Section, State Bar of Nevada accepting Participation in submitting the requested Amicus Brief in this case.12-20599
07/06/2012Order/ProceduralFiled Order Regarding Amicus Curiae Brief. The Family Law Section shall have 30 days from the date of this order to file and serve its amicus curiae brief.12-21299
07/31/2012MotionFiled Motion for Extension of Time to File Amicus Curiae Brief.12-24051
08/07/2012Order/Clerk'sFiled Order Granting Telephonic Extension. Opposition to the Motion for Extension of Time to file Amicus Curiae Brief due: August 16, 2012.12-24795
08/15/2012MotionFiled Response to Motion for Extension of Time to File Amicus Curiae Brief. (STRICKEN PER ORDER FILED 8/29/12)
08/15/2012Notice/IncomingFiled Affidavit of Appellant/Cross-Respondent in Support of Response to Motion for Extension of Time to File Amicus Curiae Brief. (STRICKEN PER ORDER FILED 8/29/12).
08/16/2012MotionFiled Motion to Strike Response to Motion for Extension of Time to File Amicus Curiae Brief and Affidavit of Appellant/Cross-Respondent.12-25874
08/23/2012Notice/IncomingFiled Request for Submission.12-26594
08/23/2012MotionFiled Response to Motion to Strike Response to Motion for Extension of Time to File Amicus Curiae Brief and Affidavit of Appellant/Cross-Respondent and Countermotion for Attorney's Fees and Costs.12-26741
08/28/2012MotionFiled Reply to Response to Motion to Strike Response to Motion for Extension of Time to File Amicus Curiae Brief and Affidavit of Appellant/Cross-Respondent.12-27113
08/29/2012Order/ProceduralFiled Order Granting Motion for Extension of Time and Motion to Strike. Amicus brief from the State Bar of Nevada, Family Law Section (FLS) due: September 17, 2012. We decline to allow additional briefing, and we grant respondent's motion to strike appellant's response and affidavit. The clerk of this court shall strike the response and affidavit, both of which were filed in this court on August 15, 2012. Fn1[In light of this order, we deny as moot the FLS's motion for submission of its motion for extension of time.] Fn2[Appellant's countermotion for attorney fees and costs related to filing a response to respondent's motion to strike is denied.]12-27453
09/18/2012BriefFiled Family Law Section of Nevada State Bar's Amicus Brief.12-29412
11/26/2012TranscriptFiled Notice from Court Reporter. Darryl Thomas stating that the requested transcripts were delivered. Dates of transcripts: 9/25/12.
03/21/2013Order/ProceduralFiled Order Submitting for Decision without Oral Argument.13-08497
03/21/2013Case Status UpdateSubmitted for Decision.
05/24/2013Order/DispositionalFiled Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court to make specific findings explaining how it arrived at the calculations used to assess the parties' timeshare agreement under Rivero." EN BANC13-15375
06/18/2013RemittiturIssued Remittitur.13-17883
06/18/2013Case Status UpdateRemittitur Issued/Case Closed.
07/01/2013RemittiturFiled Remittitur. Received by District Court Clerk on June 22, 2013.13-17883
07/17/2013MotionFiled Emergency Motion for Clarification.13-20953
07/23/2013Order/ProceduralFiled Order Denying Motion for Clarification. This court's May 24, 2013, order of reversal and remand constituted a final disposition of this appeal and cross-appeal, and thus the remittitur properly issued. The proper issuance of a remittitur divests an appellate court of jurisdiction over an appeal and returns jurisdiction to the district court. As a result, we no longer have jurisdiction to entertain respondent's request and we therefore deny respondent's motion for clarification. Fn1[The Honorable Kristina Pickering, Chief Justice, voluntarily recused herself from participation in the decision of this matter.]13-21496