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Case Information: 75750
Short Caption:IN RE: CHRISTIAN FAMILY TRUSTCourt:Supreme Court
Related Case(s):76053, 79167
Lower Court Case(s):Clark Co. - Eighth Judicial District - P092512Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/07/2018 / Worrell, CarolynSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/04/2018Filing FeeFiling Fee Paid. $250.00 from Cary Colt Payne, Chtd. Check no. 1034.
05/04/2018Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)18-17115
05/04/2018Notice/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.18-17118
05/07/2018Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Carolyn Worrell.18-17197
05/17/2018Filing FeeFiling Fee Paid. $250.00 from Anthony L Barney Ltd. Check no. 4803. (Cross-Appeal)
05/17/2018Notice of Appeal DocumentsFiled Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.)18-18892
05/21/2018Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for May 23, 2018, at 1:00 pm.18-19258
06/01/2018Notice/OutgoingIssued Notice to File Docketing Statement. Appellant-cross respondent: due date - 10 days.18-20945
06/07/2018Docketing StatementFiled Appellant/Cross-Respondents' (Raymond Christian, Susan Christian-Payne, Rosemary Keach) Docketing Statement.18-21793
06/11/2018Notice/OutgoingIssued Notice to respondent/cross-appellant to file Docketing Statement. Due date: 10 days.18-22090
06/13/2018Order/ProceduralFiled Order Modifying Caption. Upon review of the documents before this court, including the parties' case appeal statements and appellants' docketing statement, it appears that Jacqueline Utkin, trustee, has not filed a notice of appeal and thus is properly named as a respondent, only, to both the appeal and the cross-appeal. Accordingly, the clerk of this court is directed to modify the caption of this docket to reflect the caption on this order. If any party is of the opinion that the caption, as modified, does not accurately reflect the status of the parties to this matter, that party shall notify this court in writing within 11 days of the date of this order.18-22437
06/19/2018Docketing StatementFiled Respondent/Cross-Appellant's Docketing Statement Civil Appeals.18-23383
09/18/2018TranscriptFiled Notice from Court Reporter. Kim Gurule stating that the requested transcripts were delivered. Dates of transcripts: 4/4/18.18-36443
10/04/2018Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter.18-39043
10/12/2018Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. Appellants and cross-appellant shall have 15 days from the date of this order to file and serve a transcript request form. Appellants shall have 90 days from the date of this order to file and serve the opening brief and appendix. Respondent Jacqueline Utkin shall have 30 days from the date when appellants' opening brief is served to file an answering brief on appeal, and 30 days from the date when cross-appellant's combined answering brief on appeal and opening brief on cross-appeal is served to file an answering brief on cross-appeal. If Utkin does not intend to file an answering brief on appeal and/or cross-appeal, she may so inform the court, in writing, within those same timeframes.18-40182
10/18/2018Transcript RequestFiled Respondent/Cross-Appellant's Request for Transcript of Proceedings. Transcripts requested: 10/19/17, 12/08/17, 01/17/18, 03/15/18, 04/04/18. To Court Reporter: Sherry Justice.18-41113
11/01/2018TranscriptFiled Notice from Court Reporter. Sherry Justice stating that the requested transcripts were delivered. Dates of transcripts: 12/08/17.18-43007
11/28/2018TranscriptFiled Notice from Court Reporter. Kim Gurule stating that the requested transcripts were delivered. Dates of transcripts: 10/19/17, 01/17/18 and 03/15/18. (SC)18-906056
12/03/2018TranscriptFiled Notice from Court Reporter. Kim Gurule stating that the requested transcripts were delivered. Dates of transcripts: 01/17/18, 03/15/18, 10/19/17. (SC)18-906733
01/09/2019BriefFiled Appellant/Cross-Respondents' Opening Brief. (SC)19-01389
01/09/2019AppendixFiled Master Index to Appellant/Cross-Respondents' Appendix. (SC)19-01391
01/09/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 1. (SC)19-01451
01/09/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 2. (SC)19-01452
01/09/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 3. (SC)19-01453
01/09/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 4a. (SC)19-01454
01/09/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 4b. (SC)19-01455
01/09/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 5. (SC)19-01456
01/09/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 6. (SC)19-01457
01/09/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 7a. (SC)19-01458
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 7b. (SC)19-01464
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 8. (SC)19-01466
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 9. (SC)19-01467
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 10. (SC)19-01468
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 11. (SC)19-01469
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 12. (SC)19-01472
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 13a. (SC)19-01473
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 13b. (SC)19-01474
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 13c. (SC)19-01475
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 13d. (SC)19-01476
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 14a. (SC)19-01477
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 14b. (SC)19-01478
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 15. (SC)19-01480
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 16. (SC)19-01481
01/10/2019AppendixFiled Appellant/Cross-Respondents' Appendix Volume 17. (SC)19-01482
01/15/2019MotionFiled Attorney Jerimy Kirshcner & Associates, PLLC's Motion to Withdraw as Counsel of Record for Respondent Jacqueline Utkin. (SC)19-02301
01/24/2019Order/ProceduralFiled Order Granting Motion and Regarding Caption. The clerk shall remove attorney Jerimy Kirschner and Jerimy Kirschner & Associates as counsel of record for Jacqueline Utkin. Appellants and cross-appellant shall have 7 days from the date of this order to inform this court in writing whether Ms. Utkin remains a party to this appeal. Briefing is suspended. (SC)19-03700
01/30/2019MotionFiled Appellant/Cross-Respondents' Response Regarding Respondent Utkin. (SC)19-04736
02/04/2019MotionFiled Respondent/Cross-Appellant's Response to Order Granting Motion and Regarding Caption. (SC)19-05212
02/04/2019Notice/IncomingFiled Appellant/Cross-Respondent's Notice of Entry of Order. (SC)19-05223
02/13/2019Notice/IncomingFiled Notice of Appearance (Russel Geist as counsel for The Christian Family Trust). (SC)19-06694
02/14/2019Order/ProceduralFiled Order. Jacqueline Utkin shall remain a party to this appeal at this time. Ms. Utkin shall have 15 days from the date of this order to retain substitute counsel and cause counsel to file a notice of appearance in this court. If no notice of appearance is filed on behalf of Ms. Utkin within this time period, Ms. Utkin shall proceed pro se in this appeal. Ms. Utkin shall have 45 days from the date of this order to file and serve an answering brief on appeal. Cross-appellant Anthony L. Barney, Ltd. shall have 45 days from the date of this order to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Ms. Utkin shall have 30 days from service of the combined answering brief on appeal and opening brief on cross-appeal to file an answering brief on cross-appeal. (SC)19-07071
03/18/2019Other Incoming DocumentFiled Appellant/Cross-Respondent Jacqueline Utkin's Document Asking to be Removed. (SC)19-11925
03/27/2019BriefFiled Respondent/Cross-Appellant's Combined Answering Brief and Opening Brief on Cross-Appeal. (SC) (STRICKEN PER 05/07/19 ORDER).
03/27/2019AppendixFiled Respondent/Cross-Appellant's Appendix Volume I. (SC)19-13650
03/27/2019AppendixFiled Respondent/Cross Appellant's Appendix Volume II. (SC)19-13651
03/27/2019AppendixFiled Respondent/Cross Appellant's Appendix Volume III. (SC)19-13652
03/27/2019AppendixFiled Respondent/Cross Appellant's Appendix Volume IV. (SC)19-13653
04/10/2019MotionFiled Appellant/Cross-Respondents' Motion to Strike Combined Answering Brief/Cross Appeal Opening Brief, Dismiss Cross Appeal, Etc., and Stay of Briefing Pending Resolution. (SC)19-15674
05/07/2019Order/ProceduralFiled Order Dismissing Appeal in Part and Dismissing Cross-Appeal. Appellants/cross-respondents have filed a motion seeking to strike respondent/cross-appellant Anthony L. Barney, Ltd.'s combined answering brief on appeal and opening brief on cross-appeal filed on March 27, 2019, and to dismiss Barney's cross-appeal. Appellants argue that respondent Jaqueline Utkin has refused to participate in the appeal, and such refusal should be construed as a confession of error. This court concludes that Barney's and Utkin's failure to oppose the motion constitutes an admission that the motion is meritorious, and grants the motion. Appellants/cross-respondents' appeal is dismissed as to Anthony L. Barney, Ltd. only. Anthony L. Barney, Ltd's cross-appeal is dismissed in its entirety, and the clerk shall strike its combined brief filed on March 27, 2019. March 18, 2019, in response to this court's February 14, 2019, order directing her to retain counsel or notify this court if she will be proceeding in pro se, Ms. Utkin filed a document, dated March 12, 2019, stating "I'm opting out?Please remove me." Accordingly, this appeal will be resolved on the opening brief and appendix filed January 9, 2019, and without an answering brief from Ms. Utkin. This court may treat Ms. Utkin's failure to file an answering brief as a confession of error. The clerk shall amend the caption in this appeal to conform to the caption on this order. (SC).19-20035
05/07/2019Case Status UpdateBriefing Completed/To Screening. (SC).
05/10/2019MotionFiled Respondent/Cross-Appellant's Motion for Sanctions and Award of Attorney's Fees. (SC)19-20490
05/16/2019MotionFiled Appellant's Response to Motion for Sanctions/Fees; Countermotion to Strike Motion and/or Deny Relief. (SC)19-21632
05/20/2019MotionFiled Respondent/Cross-Appellant's Reply to Appellant's Response to Motion for Sanctions and Award of Attorney's Fees; Response to Countermotion to Strike motion and/or Deny Relief. (SC)19-21952
06/07/2019TranscriptFiled Notice from Court Reporter Ingrid Ramos / Transcript Video Service stating that the requested transcripts were delivered. Dates of transcripts: 5/24/19. (SC)19-24857
06/18/2019Order/ProceduralFiled Order Denying Motion. Barney has now filed a motion for sanctions and attorney fees. Appellants have filed an opposition and countermotion to strike Barney's motion and for sanctions, and Barney has filed a reply. This court declines to strike Barney's motion and declines to impose sanctions or award fees to Barney or appellants. (SC)19-26323
10/23/2019Order/ProceduralFiled Order Regarding Parties to Appeal. We reinstate the appeal as to Barney, Ltd. The clerk of this court shall modify the caption on this docket to include Anthony L. Barney, Ltd., as a respondent. Barney, Ltd., shall have 14 days from the date of this order to file and serve a new answering brief on appeal. Appellants shall have 14 days from when the answering brief is served to file and serve any reply brief. We hereby dismiss the appeal as to Jacqueline Utkin. Appellants shall have 7 days from the date of this order to file any motion to substitute the current trustee in her place. (SC)19-43766
10/29/2019MotionFiled Appellant's Motion for Substitution of Party. (SC)19-44425
10/29/2019MotionFiled Appellant's Certificate of Service of Motion to Substitute Party. (SC)19-44442
11/06/2019BriefFiled Respondent's Answering Brief. (REJECTED - CERT. OF COMPLIANCE DOES NOT SPECIFY WORD COUNT). (SC)
11/06/2019AppendixFiled Appendix to Answering Brief - Volume 1. (SC)19-45636
11/06/2019AppendixFiled Appendix to Answering Brief - Volume 2. (REJECTED - DOCUMENT PARTS IN THE WRONG SEQUENCE). (SC)
11/06/2019AppendixFiled Appendix to Answering Brief - Volume 3. (SC)19-45639
11/06/2019AppendixFiled Appendix to Answering Brief - Volume 4. (SC)19-45640
11/06/2019BriefFiled Respondent Law Offices of Anthony L. Barney, Ltd.'s Answering Brief. (SC)19-45670
11/06/2019AppendixFiled Appendix to Answering Brief - Volume 2. (SC)19-45671
11/19/2019MotionFiled Appellants' Motion to Strike Barney Answering Brief; Alternatively Clarify Court's Order; Request Extension of Time for Trustee Substitution and Response. (SC)19-47365
11/20/2019Order/ProceduralFiled Order Granting Motion for Substitution. The clerk of this court shall add Fredrick P. Waid, Trustee of the Christian Family Trust, as a respondent to this appeal. Waid shall have 21 days from the date of this order to file and serve an answering brief, joinder to Anthony L. Barney, Ltd.'s answering brief, or notice that no answering brief will be filed. If an answering brief is filed, appellants shall have 7 days from the date that it is served to file and serve any reply. fn1 [The court defers ruling on appellants' November 19, 2019, motion to strike answering brief and clarify court's order.] (SC).19-47471
11/26/2019MotionFiled Response and Opposition to Motion to Strike Barney Answering Brief. (SC)19-48340
12/11/2019Notice/IncomingFiled Respondent Frederick P. Ward's Notice That No Answering Brief Will Be Filed. (SC)19-50248
12/17/2019Order/ProceduralFiled Order Denying Motion to Strike and Clarify. Appellants have filed a motion seeking three things: to strike the answering brief, clarification, and an extension of time for trustee substitution and response. First, appellants seek to strike Barney, Ltd.'s answering brief. The motion is denied. Second, appellants seek clarification, arguing that Barney, Ltd., should not be allowed to participate in this appeal. While appellants point to caselaw stating that a non-party may not appeal, they cite to nothing indicating that a non-party may not defend its judgment as a respondent to an appeal against it. Moreover, whether Barney, Ltd., had standing below is a question that goes to the merits of this appeal. Third, to the extent appellants seek additional time to substitute in the current trustee and for him to respond, the motion is denied as moot. Finally, Barney, Ltd., has improperly sought relief in the form of dismissal in the context of its opposition to appellants' motion. The request is denied. (SC).19-51064
12/17/2019BriefFiled Appellants' Reply Brief. (SC)19-51087
12/17/2019Case Status UpdateBriefing Completed/To Screening. (SC)
04/16/2020Order/DispositionalFiled Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." NNP20-RP/JH/EC. (VACATED PER 9/30/20 ORDER). (SC).20-14596
04/29/2020MotionFiled Appellant's Motion to Reissue Order as a Published Decision Pursuant to NRAP 36(F). (SC)20-16261
05/04/2020Post-Judgment PetitionFiled Respondent's Petition for Rehearing. (SC)20-16778
05/04/2020Filing FeeFiling fee paid. E-Payment $150.00 from Anthony L. Barney. (SC)
06/01/2020Post-Judgment OrderFiled Order Denying Motion to Reissue Order as a Published Opinion and Granting Petition for Rehearing. Appellants have filed a motion for this court to publish that order as an opinion. We deny the motion. Respondents have petitioned this court for rehearing of the order of reversal and remand. Having considered the petition for rehearing, we have determined that rehearing of this matter is warranted. Accordingly, we grant the petition for rehearing and submit this matter for decision on rehearing without further briefing or oral argument. (SC).20-20467
09/30/2020Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn1 [Accordingly, we vacate our April 16, 2020, order of reversal and remand.] NNP20- RP/JH/EC. (SC)20-35904
10/14/2020MotionFiled Respondent's Motion to reissue Order as a Published Opinion. (SC)20-37830
12/03/2020Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before Hardesty, Parraguirre and Cadish, JJ. Author: Hardesty, J. Majority: Parraguirre/Hardesty/Cadish. fn1[Respondent Anthony L. Barney, Ltd., subsequently filed a motion to publish the order as an opinion. We grant the motion and replace our earlier order with this opinion.] 136 Nev. Adv. Opn. No. 73. NNP20-RP/JH/EC. (SC)20-43713
12/28/2020RemittiturIssued Remittitur. (SC)20-46581
12/28/2020Case Status UpdateRemittitur Issued/Case Closed. (SC)
01/12/2021RemittiturFiled Remittitur. Received by District Court Clerk on December 30, 2020. (SC)20-46581