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Combined Case Information: 36969
Short Caption:VAILE VS. DISTRICT COURTCourt:Supreme Court
Related Case(s):37082, 51981, 52244, 52457, 52593, 53687, 53798, 55396, 55446, 55911, 60502, 61321, 61415, 61415-COA, 61626, 62797, 62797-COA, 68715, 77070
Lower Court Case(s):Clark Co. - Eighth Judicial District - D230385Classification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:02/07/2001 at 9:30 AMOral Argument Location:Carson City
Submission Date:02/07/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/08/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Marshal S. Willick, P.C.--check no. 6290.
11/08/2000Petition/WritFiled Petition for Writ of Mandamus or Prohibition. Emergency Petition for Writ of Mandamus and Writ of Prohibition.00-19668
11/08/2000AppendixFiled Appendix. Appendix to Emergency Petition for Writ of Mandamus and Writ of Prohibition, Volumes 1 through 3.00-19669
11/09/2000Notice/OutgoingIssued Notice of Procedural Deficiency. Affidavit of the party beneficially interested or the affidavit of petitioner's attorney. Due Date: 10 days
11/09/2000AppendixFiled Appendix. Volume 4.00-19732
11/15/2000Petition/WritFiled Affidavit in Support of Petition for Writ. Affidavit in Support of Emergency Petition for Writ of Mandamus and Writ of Prohibition.00-20020
11/21/2000Order/ProceduralFiled Order/Answer Writ Petition. Answer due from the real party in interest: 20 days from the date of this order. fn1[This court will not grant the real party in interest an extension of time to file the answer.]00-20477
12/07/2000Notice/IncomingFiled Substitution of Attorneys. Real Party in Interest, R. Scotlund Vaile, hereby substitutes Peter M. Angulo, Esq., as his counsel in the above-entitled action in the place and stead of Joseph F. Dempsey, Esq.00-21368
12/08/2000Notice/IncomingFiled Proof of Service. (Substitution of Attorneys).00-21492
12/20/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 7, 2001 at 9:30 a.m. (En Banc)
12/20/2000MotionFiled Motion to Extend Time. Motion to Extend the Filing Date for Appellant's Response to Emergency Petition for Writ of Mandamus and Writ of Prohibition.00-22179
12/20/2000Order/ProceduralFiled Order Granting Motion. We grant the real party in interest's motion filed December 20, 2000. The clerk of this court shall forthwith file the answer provisionally submitted on December 20, 2000.00-22201
12/20/2000Petition/WritFiled Answer to Petition for Writ. R. Scotlund Vaile's Opposition to Emergency Petition for Writ of Mandamus and Writ of Prohibition.00-22202
12/20/2000Other Other. Filed Supplemental Appendix to R. Scotlund Vaile's Opposition to Emergency Petition for Writ of Mandamus and Writ of Prohibition.00-22203
01/24/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
02/05/2001MotionFiled Motion. Motion for Permission to Submit Supplemental Exhibits relating to Petitions for Writ of Mandamus and Writ of Prohibition.01-02283
02/05/2001Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the "Supplemental Exhibits for Writ of Mandamus and Writ of Prohibition" received on February 5, 2001.01-02348
02/05/2001Petition/WritFiled Exhibits to Petition for Writ. Supplemental Exhibits for Writ of Mandamus and Writ of Prohibition.01-02285
02/07/2001Case Status Update Submitted for Decision. EN BANC-WM/CY/MS/DA/RR/ML/NB
02/13/2001Other Other. Filed Copy of Request for Summary Disposition of an Uncontested Divorce filed in the District Court on August 7, 1998 (via fax). Nos. 37082/36969 (cases are not consolidated.) (01-02894)
02/15/2001MotionFiled Motion. Motion for Permission to Submit Supplement Exhibits, Post Argument, Relating to Petitions for Writ of Mandamus and Writ of Prohibition.01-02986
02/15/2001Other Other. Received Supplement Exhibits, Post Argument, Relating to Petitions for Writ of Mandamus and Writ of Prohibition.01-02987
02/16/2001Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the supplemental exhibit received on February 15, 2001.01-03067
02/16/2001Other Other. Filed Supplement exhibits, Post Argument, Relating to Petitions for Writ of Mandamus and Writ of Prohibition.01-02987
02/20/2001Other Other. Filed Certified Copy of Affiavit of Plaintiff filed in the District Court on August 7, 1998. Nos. 37082/36969. (01-03126)
02/20/2001Other Other. Filed certified copy of Notice of Entry of judgment or Order. Filed in district court on: August 26, 1998. Nos. 37082/36969 (cases are not consolidated.) (01-03128)
02/20/2001Other Other. Filed certified copy of Affidavit of Resident Witness filed in the District Court on August 7, 1998. Nos. 37082/36969 (cases are not consolidated.) (01-03130)
02/26/2001MotionFiled Response to Motion. R. Scotlund Vaile's Opposition to Petitioner's Motion for Permission to Submit Supplemental Exhibits, Post Oral Argument, Relating to Petitions for Writ of Mandamus and Writ of Prohibition.01-03560
02/27/2001Notice/OutgoingIssued Letter. to Marshal S. Willick, Rawlings firm, and Dempsey firm: on February 14, 2001, this court requested the clerk of the district court to certify and transmit copies of documents for the appeal in (erroneously noted) No. 37082. On February 13, 2001, the court received from the district court clerk the Request for Summary Disposition of an Uncontested divorce filed on August 7, 1998. On February 20, 2001, the court received the following additional documents: (1) Affidavit of Resident Witness filed on August 7, 1998; (2) Notice of Entry of Decree of Divorce filed on August 26, 1998; and (3) Decree of Divorce entered on August 21, 1998. The documents were erroneously filed in Docket No. 37082. Please be informed that copies of these documents have also been filed in Vaile v. Eighth District Court, Docket No. 36969. Nos. 36969/37082 (cases are not consolidated.)
03/01/2001Other Other. Submission of Certified Copies of Norway Appellate Court Order.01-03837
03/05/2001MotionFiled Motion. Respondent's Request to Supplement Record for Writs of Probhibition/Mandamus.01-03994
03/12/2001MotionFiled Response to Motion. Opposition to Respondent's Request to Supplement Record for Writs of Prohibition/Mandamus.01-04369
03/23/2001Order/ProceduralFiled Order. On February 15, 2001, petitioner Cisilie A. Vaile filed a motion requesting leave to file supplemental exhibits, specifically, a translation of an order issued by a Norwegian appellate court. On February 16, 2001, this court entered an order granting the motion. On February 26, 2001, real party in interest R. Scotlund Vaile filed an opposition to petitioner's motion. We elect to treat the opposition as a motion for reconsideration or our order entered on February 16, 2001. No good cause appearing, we deny the motion for reconsideration. On March 5, 2001, real party in interest R. Scotlund Vaile filed a motion to supplement the record in this matter with a copy of a district court order entered in the proceedings below on February 18, 2000. A copy of the order is attached to the motion as Exhibit 1. On March 12, 2001, petitioner filed an opposition to the motion to supplement the record. Although petitioner does not object to supplementation of the record, petitioner does object to "misstatements in the explanatory text making up [the] motion to supplement the record." Petitioner's opposition contains a discussion of the purported inaccuracies. We grant the real party in interest's motion to supplement the record in this matter. Accordingly, in taking this matter under consideration this court shall consider the real party in interest's motion to supplement, the district court order attached to the motion, and petitioner's points and authorities in opposition to the motion. We note that since the initial filing of the writ petition and four-volume appendix, the parties have moved to supplement the record before this court on three separate occasions. It appears that the record before this court is sufficient and adequate to fully dispose of the questions presented in the petition. Accordingly, absent unforeseeable and extreme circumstances, this court does not expect additional motions for leave to supplement the record.01-05191
04/11/2002Opinion/DispositionalFiled Authored Opinion. "Petition granted." We grant the petition and direct the clerk of this court to issue a writ of mandamus. Young, J. dissent: fn5[I would refer this matter to the State Bar of Nevada for investigation of the conduct of Scotlund's divorce lawyer. I would refer this matter to the Clark County District Attorney's Office for investigation. The clerk of this court shall provide a copy of this opinion and dissent to the State Bar of Nevada and to the Clark County District Attorney's Office.] Before the Court En Banc. By the Court, Agosti, J. We concur: Rose, Leavitt, and Becker, JJ. Maupin, C.J., dissenting. Young, J., with whom Shearing, J., agrees, dissenting. 118 Nev. Adv. Opn. No. 27. EN BANC02-06415
04/11/2002WritIssued Writ. Original and one copy of writ and copy of opinion mailed to Marshal S. Willick for service upon Judge Cynthia Dianne Steel.02-06424
04/19/2002WritFiled Writ. Served on Christina Chandler, Court Administrator (for Judge Steel) on April 16, 2002.02-06424
04/29/2002Post-Judgment PetitionFiled Petition for Rehearing. R. Scotlund Vaile's Petition for Rehearing. Mailed on: April 26, 2002.02-07573
05/01/2002Post-Judgment PetitionFiled Petition for Rehearing. Motion to Amend Decision of April 11, 2002, and Petition for Rehearing. Mailed on: April 29, 2002.02-07676
05/09/2002Other Returned Unfiled Document. Opposition to "R. Scotlund Vaile's Petition for Rehearing". Pursuant to NRAP 40(d).
05/17/2002Other Other. Supplemental Exhibits for Motion to Amend Decision of April 11, 2002, and Petition for Rehearing.02-08761
09/05/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). EN BANC-Maupin, C.J., and Shearing, J. dissenting.02-15334
09/12/2002Letter/IncomingFiled Letter. from Marshal S. Willick regarding Opinion filed on April 11, 2002.02-15917
10/01/2002RemittiturIssued Notice in Lieu of Remittitur.02-15393
10/01/2002Case Status Update Remittitur Issued/Case Closed.
10/31/2002RemittiturIssued Return Letter. Returned Exhibits: Seven videotapes .02-15393
12/16/2002Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed 12/3/02 and placed on the docket 12/6/02 as Case No. 02-859.02-21432
12/23/2002RemittiturFiled Letter: Entered Receipt for Documents. Received by County Clerk on November 5, 2002.02-15393
01/31/2003Notice/OutgoingIssued Letter. to Marshal S. Willick in response to his letter received in this office on September 12, 2002.
03/17/2003Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied.03-04423