81810: Case View

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Case Information: 81810
Short Caption:	MARTIN VS. MARTIN C/W 82517	Court:	Supreme Court
Consolidated:	81810*, 82517	Related Case(s):	81810-COA, 82517, 82517-COA
Lower Court Case(s):	Clark Co. - Eighth Judicial District - D509045	Classification:	Civil Appeal - Family Law - Other
Disqualifications:		Case Status:	Case Reinstated
Replacement:		Panel Assigned:	En Banc
To SP/Judge:	09/23/2020 / Shirinian, Ara	SP Status:	Completed
Oral Argument:	09/08/2022 at 2:00 PM	Oral Argument Location:	Carson City
Submission Date:	09/08/2022	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Amicus Curiae	American Academy of Matrimonial Lawyers Nevada Chapter	Racheal H. Mastel (Kainen Law Group)
Amicus Curiae	State Bar of Nevada, Family Law Section	Shann D. Winesett (Pecos Law Group)
Amicus Curiae	Trinity Advocates	Adam D. Hosmer-Henner (McDonald Carano LLP/Reno)
Appellant	Erich M. Martin	Chad F. Clement (Marquis Aurbach Chtd.) Kathleen A. Wilde (Marquis Aurbach Chtd.)
Respondent	Raina L. Martin	Marshal S. Willick (Willick Law Group)

+ Due Items
Due Date	Status	Due Item	Due From
12/18/2023	Open	Remittitur

Docket Entries
Date	Type	Description	Pending?	Document
09/21/2020	Filing Fee	Filing Fee due for Appeal. (SC)
09/21/2020	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (SEALED) (SC)
09/21/2020	Notice/Outgoing	Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (SC)		20-34598
09/21/2020	Filing Fee	E-Payment $250.00 from Kathleen A. Wilde. (SC)
09/22/2020	Notice/Outgoing	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. Docketing Statement mailed to counsel for appellant - due: 21 days. (SC).		20-34847
09/23/2020	Settlement Notice	Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Ara H. Shirinian. (SC).		20-34979
10/13/2020	Docketing Statement	Filed Appellant's Civil Docketing Statement. (SC)		20-37615
10/15/2020	Settlement Program Report	Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for November 3, 2020, at 10:00 am. (SC).		20-37934
11/10/2020	Settlement Program Report	Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC)		20-41194
11/17/2020	Settlement Order/Procedural	Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 14 days transcript request; 90 days opening brief and appendix. (SC)		20-41799
11/25/2020	Notice/Incoming	Filed Request for Transcripts. Transcripts requested: 06/02/15, 10/28/15, 09/22/16, 01/12/17, 06/16/20. Court Reporter: Transcript Video Services. (SC).		20-43027
02/12/2021	Motion	Filed Appellant's Motion to Extend Time to File Opening Brief and Appendices. (First Request)(SC)		21-04344
02/26/2021	Order/Procedural	Filed Order Granting Motion. Appellant shall have until April 16, 2021, to file and serve the opening brief and appendix. (SC)		21-05769
03/29/2021	Motion	Filed Appellant's Motion to Consolidate Case Nos. 81810 and 82517. (SC)		21-08868
04/02/2021	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Respondent's response to appellant's motion to consolidate case nos. 82517 and 81810 due: April 19, 2021. (SC)		21-09620
04/09/2021	Motion	Filed Appellant's Motion to Stay Briefing, or, in the Alternative, Motion for Extension of Time to File Opening Brief and Appendix. (SC)		21-10252
04/19/2021	Transcript	Filed Notice from Court Reporter. Sherry Justice stating that the requested transcripts were delivered. Dates of transcripts: 11/3/20, 1/12/21. (SC)		21-11254
04/19/2021	Motion	Filed Respondent's Response to Motion to Consolidate Appeals. (SC)		21-11304
04/23/2021	Order/Procedural	Filed Order Denying Motion to Dismiss, Granting Motions to Consolidate, and Granting Motions for Extension of Time. Respondent has filed a motion to dismiss the appeal in Docket No. 82517 for lack of jurisdiction. The motion to dismiss is denied. Appellant's motions to consolidate these appeals are granted. These appeals are hereby consolidated. Appellant's motions to stay briefing, or for an extension of time to file the opening brief and appendix are granted to the following extent. Appellant shall have 30 days from the date of this order to file and serve a single appendix and a single opening brief that raises all issues in these appeals. Nos 81810/82517(SC)		21-11756
05/24/2021	Appendix	Filed Appellant's Appendix to Opening Brief. Vol. 1. Nos. 81810/82517. (SC)		21-14749
05/24/2021	Motion	Filed Appellant's Motion to File Appellant's Appendix, Volumes 2-5, Under Seal. Nos. 81810/82517. (SC)		21-14750
05/24/2021	Brief	Filed Appellant's Opening Brief. Nos. 81810/82517. (SC)		21-14865
05/24/2021	Brief	Filed Appellant's Opening Brief. Nos. 81810/82517. (SC)		21-14866
06/04/2021	Order/Procedural	Filed Order Granting Motion. The clerk of this court shall file under seal the appendix volumes 2-5 received on May 26, 2021. Nos. 81810/82517. (SC)		21-16078
06/04/2021	Appendix	Filed Appellant's (SEALED) Appendix Vols. 2-5. Nos. 81810/82517. (SC)
06/18/2021	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Respondent's answering brief due: July 7, 2021. Nos. 81810/82517. (SC)		21-17578
07/07/2021	Appendix	Filed Respondent's Appendix to Answering Brief. Vol. 1. Nos. 81810/82517 (SC)		21-19497
07/07/2021	Appendix	Filed Respondent's Appendix to Answering Brief. Vol. 2. Nos. 81810/82517 (SC)		21-19498
07/07/2021	Appendix	Filed Respondent's Appendix to Answering Brief. Vol. 3. Nos. 81810/82517 (SC)		21-19499
07/07/2021	Appendix	Filed Respondent's Appendix to Answering Brief. Vol. 4. Nos. 81810/82517 (SC)		21-19500
07/07/2021	Appendix	Filed Respondent's Appendix to Answering Brief. Vol. 5. Nos. 81810/82517 (SC)		21-19501
07/07/2021	Appendix	Filed Respondent's Appendix to Answering Brief. Vol. 6. Nos. 81810/82517 (SC)		21-19502
07/07/2021	Appendix	Filed Respondent's Appendix to Answering Brief. Vol. 7. Nos. 81810/82517 (SC)		21-19503
07/07/2021	Appendix	Filed Respondent's Appendix to Answering Brief. Vol. 8. Nos. 81810/82517 (SC)		21-19504
07/07/2021	Appendix	Filed Respondent's Appendix to Answering Brief. Vol. 9. Nos. 81810/82517 (SC)		21-19505
07/07/2021	Appendix	Filed Respondent's Appendix to Answering Brief. Vol. 10. Nos. 81810/82517 (SC)		21-19507
07/07/2021	Appendix	Filed Respondent's Appendix to Answering Brief. Vol. 11. Nos. 81810/82517 (SC)		21-19508
07/07/2021	Motion	Filed Respondent's Motion to Extend Time to File Answering Brief. Nos. 81810/82517. (SC)		21-19513
07/08/2021	Order/Procedural	Filed Order Granting Motion. Respondent's Answering Brief due: July 9, 2021. Nos. 81810/82517. (SC)		21-19653
07/09/2021	Brief	Filed Respondent's Answering Brief. Nos. 81810/82517 (SC)		21-19837
08/09/2021	Motion	Filed Appellant's Motion for Extension of Time to File Reply Brief (First Request). Nos. 81810/82517. (SC)		21-23016
08/09/2021	Notice/Outgoing	Issued Notice Motion/Stipulation Approved. Appellant's Reply Brief due: September 8, 2021. (SC)		21-23088
09/07/2021	Notice/Incoming	Filed Appellant's Notice of Election Not to File a Reply Brief. Nos. 81810/82517. (SC)		21-25948
09/08/2021	Case Status Update	Briefing Completed/To Screening. Nos. 81810/82517. (SC)
09/29/2021	Notice/Outgoing	Issued Notice of Transfer Case to Court of Appeals. Nos. 81810/82517. (SC).		21-28026
09/29/2021	Case Status Update	Transferred to Court of Appeals. Nos. 81810/82517. (SC).
11/17/2021	Order/Dispositional	Filed Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." Court of Appeals-MG/JT/BB Nos. 81810/82517. (SC)
12/03/2021	Post-Judgment Petition	Filed Respondent's Petition for Review. Nos. 81810/82517 (SC)		21-34550
12/14/2021	Case Status Update	Transferred from Court of Appeals. (SC)
12/16/2021	Order/Procedural	Filed Order Directing Answer to Petition for Review. Appellant's answer due: 14 days. Nos. 81810/82517. (SC)		21-35880
12/21/2021	Notice/Incoming	Filed Notice regarding notice of intent to file Amicus. Nos. 81810/82517 (SC)		21-36444
12/29/2021	Order/Clerk's	Filed Order Granting Telephonic Extension. Appellant's Answer to Petition for Review due: January 13, 2022. Nos. 81810/82517. (SC)		21-37051
01/14/2022	Motion	Filed Appellant's Motion to Extend Time File Answer to Petition for Review. Nos. 81810/82517 (SC)		22-01481
01/24/2022	Order/Procedural	Filed Order Granting Motion. Appellant's Answer to Petition for Review due: January 27, 2022. Nos. 81810/82517. (SC)		22-02396
01/28/2022	Post-Judgment Petition	Filed Appellant's Answer to Petition for Review. Nos. 81810/82517 (SC)		22-02857
02/14/2022	Post-Judgment Order	Filed Order Granting Petition for Review, Directing Supplemental Briefing and Inviting Amicus Curiae. Appellant's Supplemental Opening Brief due: 21 days. Respondent shall file and serve a supplemental answering brief within 21 days after service of appellant's brief. Appellant shall then have 14 days after service of respondent's supplemental answering brief to file and serve any supplemental reply brief. Both parties shall serve their briefs on the State Bar's Family Law Section. Should the Family Law Section or any other amicus consent to participate as amicus curiae, its amicus brief must be filed within 7 days of the date of brief of the party whose position they are supporting is filed and comply with the requirements of NRAP 29. Nos. 81810/82517. (SC)		22-04961
03/04/2022	Order/Clerk's	Filed Order Granting Telephonic Extension. Appellant's Supplemental Opening Brief due: March 21, 2022. Nos. 81810/82517. (SC)		22-07023
03/14/2022	Motion	Filed Motion for Extension of Time to File Amicus Curiae Brief. Nos. 81810/82517 (SC)		22-07968
03/21/2022	Brief	Filed Appellant's Supplemental Opening Brief. Nos. 81810/82517 (SC)		22-08909
03/22/2022	Notice/Incoming	Filed Amended Certificate of Service for Appellant's Supplemental Opening Brief. Nos. 81810/82517 (SC)		22-09005
03/28/2022	Motion	Filed Motion to Extend Time to File Amicus Curiae Brief. Nos. 81810/82517. (SC)		22-09619
03/29/2022	Motion	Filed Respondent's Motion to Adjust Due Date to File Supplemental Answering Brief. Nos. 81810/82517 (SC)		22-09756
03/31/2022	Order/Procedural	Filed Order. On March 21, 2022, appellant filed a brief in which counsel indicated an intent to submit this matter on the opening brief and record previously filed. The Family Law Section of the State Bar of Nevada and Trinity Advocates have filed motions for an extension of time to file amicus curiae briefs. Any amicus brief shall be filed within 30 days from the date of this order. Respondent shall have 44 days from the date of this order to file the supplemental answering brief. Because appellant did not file a supplemental opening brief, no reply brief is permitted. Nos. 81810/82517. (SC)		22-10054
04/14/2022	Notice/Incoming	Filed Notice of Appearance for Amicus Curiae (The American Academy of Matrimonial Lawyer). Nos. 81810/82517 (SC)		22-11892
04/15/2022	Motion	Filed Motion for Leave to Participate as Amicus Curiae (The American Academy of Matrimonial Lawyer). Nos. 81810/82517 (SC)		22-11932
05/02/2022	Motion	Filed Motion to Extend Time to File Amicus Curiae Brief (Trinity Advocates). Nos. 81810/82517. (SC)		22-13859
05/02/2022	Brief	Filed Amicus Brief American Academy of Matrimonial Lawyers Amicus Curiae in Support of Reversal of the Court of Appeals Decision. Nos. 81810/82517 (SC)		22-13933
05/02/2022	Brief	Filed Amicus Brief American Academy of Matrimonial Lawyers Amicus Curiae in Support of Reversal of the Court of Appeals Decision. Nos. 81810/82517 (SC)		22-13942
05/02/2022	Brief	Filed Joinder to Brief Family Law Section of the State Bar of Nevada's Joinder in the American Academy of Matrimonial Lawyers' Amicus Curiae Brief in Support of Reversal of the Court of Appeals Decision. Nos. 81810/82517 (SC)		22-13945
05/11/2022	Brief	Filed Amicus Brief American Academy of Matrimonial Lawyers Amicus Curiae in Support of Reversal of the Court of Appeals Decision. Nos. 81810/82517 (SC)		22-15013
05/16/2022	Brief	Filed Respondent's Supplemental Answering Brief. Nos. 81810/82517 (SC)		22-15516
05/20/2022	Order/Procedural	Filed Order. American Academy of Matrimonial Lawyer National has filed a motion for leave to file an amicus brief. The motion for leave to file an amicus brief is granted. The amicus brief was filed on May 2, 2022. Proposed amicus curiae the Family Law Section of the State Bar of Nevada has filed a joinder to the AAML's amicus brief. Cause appearing, the joinder is approved. Trinity Advocates has filed a second motion for an extension of time, until May 9, 2022, to file its amicus brief. To date, Trinity Advocates has not submitted a proposed amicus brief for filing. Accordingly, the motion is denied. Nos. 81810/82517. (SC)		22-16134
08/08/2022	Order/Procedural	Filed Order Scheduling Oral Argument. This matter is scheduled for oral argument on September 8, 2022, at 2:00 p.m. in Carson City. Argument shall be limited to 30 minutes. Nos. 81810/82517. (SC)		22-24759
08/25/2022	Notice/Outgoing	Oral Argument Reminder Notice		22-26559
09/08/2022	Case Status Update	Oral argument held this day. Case submitted for decision. (SC)
12/01/2022	Opinion/Dispositional	Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Stiglich, J. Majority: Parraguirre/Hardesty/Stiglich/Herndon. Cadish, J., with whom Pickering, J., agrees, concurring. fn1 [The Honorable Abbi Silver having retired, this matter was decided by a six-justice court.] 138 Nev. Adv. Opn. No. 78. En Banc. Nos. 81810/82517. (SC).		22-37742
12/16/2022	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellant's petition for rehearing due: January 3, 2023. (SC)		22-39585
01/03/2023	Motion	Filed Motion for Extension of Time to File Petition for Rehearing. Nos. 81810/82517. (SC)		23-00110
01/04/2023	Motion	Filed Response to Motion for Extension of Time to File Petition for Rehearing and Request for Issuance of Remittitur. Nos. 81810/82517. (SC)		23-00220
01/10/2023	Motion	Filed Appellant's Reply in Support of Motion for Extension of Time to File Petition for Rehearing. Nos. 81810/82517. (SC).		23-00835
01/27/2023	Order/Procedural	Filed Order Granting Motion. Appellant's petition for rehearing due: February 2, 2023. Nos. 81810/82517. (SC)		23-02645
02/02/2023	Post-Judgment Petition	Filed Appellant's Petition for Rehearing. Nos. 81810/82517. (SC).		23-03316
02/02/2023	Filing Fee	Filing fee paid. E-Payment $150.00 from Chad F. Clement. Nos. 81810/82517. (SC).
02/14/2023	Order/Procedural	Filed Order/Answer Rehearing. Answer due: 14 days. Nos. 81810/82517 (SC)		23-04447
02/27/2023	Post-Judgment Petition	Filed Respondent's Answer to Petition for Rehearing. Nos. 81810/82517. (SC)		23-05981
03/30/2023	Notice/Incoming	Filed Appellant's Notice of Supplemental Authorities. (SC)		23-09746
04/17/2023	Post-Judgment Order	Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Cadish and Pickering, JJ,. dissenting - EN BANC. Nos. 81810/82517 (SC)		23-11641
05/12/2023	Motion	Filed Appellant's Motion for Stay of Remittitur Pending Petition for Writ of Certiorari. Nos. 81810/82517. (SC)		23-15010
05/12/2023	Motion	Filed Respondent's Response to Motion for Stay of Remittitur Pending Petition for Writ of Certiorari. Nos. 81810/82517. (SC)		23-15100
05/19/2023	Motion	Filed Appellant's Reply in Support of Motion for Stay of Remittitur Pending Petition for Writ of Certiorari. Nos. 81810/82517. (SC)		23-15969
06/01/2023	Order/Procedural	Filed Order Granting Stay of Remittitur. The motion for a stay is granted to the following extent. Issuance of the remittitur shall be stayed until September 11, 2023. If the clerk of this court receives written notice by September 11, 2023, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall remain in effect until final disposition of the certiorari proceedings. If such notice is not received by September 11, 2023, the clerk of this court shall issue the remittitur. Appellant shall continue to comply with the December 31, 2020, order. Nos. 81810/82517 (SC)		23-17233
09/18/2023	Remittitur	Issued Remittitur. (REMITTITUR RECALLED PER 10/23/23 ORDER). (SC)		23-30391
09/18/2023	Case Status Update	Remittitur Issued/Case Closed. (REMITTITUR RECALLED PER 10/23/23 ORDER). (SC)
09/27/2023	Motion	Filed Appellant's Erich Martin's Emergency Motion to Recall Remittur and Reinstate and Continue Stay Pending Petition for Writ of Certiorari Proceedings Under NRAP 27(e) Nos. 81810/82517. (SC)		23-31724
10/02/2023	Remittitur	Filed Remittitur. Received by District Court Clerk on 09/20/23. (SC)		23-30391
10/04/2023	Motion	Filed Motion Supplement to Appellant Erich Martin's Emergency Motion to Recall Remittitur and Reinstate and Continue Stay Pending Petition for Writ of Certiorari Proceedings Under NRAP 27(e)Nos.81810/82517(SC)		23-32518
10/11/2023	Notice/Incoming	Filed Notice from US Supreme Court. (Motion for leave to proceed as a veteran is denied.) (SC)		23-33241
10/23/2023	Order/Procedural	Filed Order Granting Motion. Appellant filed a motion to recall the remittitur and extend the stay on September 27, 2023, seeking relief by September 29, 2023. On October 4, 2023, appellant filed a supplement to the emergency motion to recall remittitur and extend stay. The motion to recall the remittitur is granted to the following extent. The remittitur issued on September 18, 2023, is recalled and this appeal is reinstated. Issuance of the remittitur shall be stayed until December 18, 2023. If the clerk of this court receives written notice by December 18, 2023, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. Id. If such notice is not received by December 18, 2023, the remittitur shall issue. Appellant shall continue to comply with the December 31, 2020, district court order. Nos. 81810/82517. (SC)		23-34405

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