Case Information: 41699
Short Caption:	GIBSON VS. GIBSON	Court:	Supreme Court
		Related Case(s):	50530, 54911, 68467, 77060, 77060-COA, 84011, 87203, 87203-COA
Lower Court Case(s):	Clark Co. - Eighth Judicial District - D268612	Classification:	Civil Appeal - General - Other
Disqualifications:		Case Status:	Case Closed
Replacement:		Panel Assigned:	Panel
To SP/Judge:	07/16/2003 / Mills, Lamond	SP Status:	Completed
Oral Argument:		Oral Argument Location:
Submission Date:	05/26/2006	How Submitted:	On Briefs

+ Party Information
Role	Party Name	Represented By
Appellant	Lisa J. Gibson	Robin J. Barber Gary E. Gowen
Respondent	Thomas Jude Gibson	Thomas J. Gibson (Earnest, Gibson & Kuehn) Christopher R. Tilman (Former)

Docket Entries
Date	Type	Description	Pending?	Document
07/03/2003	Filing Fee	Filing Fee due. 10/15/03 Order: we vacate that part of the September 8, 2003, order that directed appellant to pay the filing fee.
07/03/2003	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.)		03-11225
07/03/2003	Notice/Outgoing	Issued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
07/14/2003	Letter/Incoming	Filed Letter. from attorney Christopher R. Tilman - he no longer represents Thomas Gibson.		03-11853
07/16/2003	Settlement Notice	Issued Notice: Assignment to Settlement Program. Settlement Judge: Lamond R. Mills. (Briefing and preparation of transcripts suspended pending further order of this court.)
07/18/2003	Other	Returned Unfiled Document.
07/28/2003	Docketing Statement	Filed Docketing Statement.		03-12675
07/29/2003	Notice/Outgoing	Letter. Lamond Mills. (docketing statement)
09/08/2003	Order/Procedural	Filed Order. to pay Filing Fee. To date, appellant has failed to pay the filing fee. Appellant shall have 10 days from the date of this order to pay the $200.00 filing fee. fn1[The Supreme Court filing fee was increased to $250.00 effective July 1, 2003. Appellant's notice of appeal was filed in the district court on June 26, 2003.] Attorney Christopher R. Tilman has filed a letter informing this court that he no longer represents respondent Thomas J. Gibson. Attached to the letter is a "Notice of Withdrawal of Counsel" filed in the district court on June 3, 2003. Accordingly, the clerk of this court shall amend the court's docket to reflect that respondent Thomas J. Gibson is not represented by Mr. Tilman in this appeal, but represents himself.		03-15000
09/16/2003	Motion	Filed Response to Order to Show Cause. Response to Court's Order to Pay Filing Fee.		03-15496
09/22/2003	Settlement Program Report	Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.		03-15827
10/15/2003	Settlement Order/Procedural	Filed Order: No Settlement/Briefing Reinstated. Order Reinstating Briefing and Vacating Order to Pay Filing Fee. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). On September 8, 2003, this court entered an order that directed appellant to pay the filing fee. Appellant has filed a response to that order. Attached to the response is a district curt order filed on July 15, 2003, that granted appellant[s motion to proceed on appeal in forma pauperis. We vacate that part of the September 8, 2003, order that directed appellant to pay the filing fee. See NRAP 24( c).		03-17088
11/03/2003	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 10/15/01, 12/10/01, 02/26/02, 03/04/02, 03/26/02, 05/14/02, 09/18/02, 11/01/02, 11/18/02, 12/09/02 and 01/15/03. To Court Reporter: Shelly Ajoub.		03-18257
11/07/2003	Letter/Incoming	Filed Letter. from Court Reporter Shelly Ajoub regarding transcripts requested in this case.		03-18693
01/12/2004	Notice/Incoming	Filed Notice. Advise to the Court Regarding Appellee Bankruptcy Action.		04-00700
01/12/2004	Motion	Filed Response to Motion.		04-00702
07/15/2004	Order/Procedural	Filed Order. Appellant has notified this court that respondent filed a petition for bankruptcy in the United States Bankruptcy Court on October 17, 2003. Respondent was a defendant to a counterclaim below. We order this appeal stayed pursuant to the mandatory provisions of federal bankruptcy law. Appellant shall have 90 days form the date of this order to file a report informing this court of the status of the bankruptcy proceedings. To the extent that Shelly A. Ajoub of Transcript Video Services requests leave to file only portions of the requested transcripts, we deny the request. In light of our imposition of the bankruptcy stay, however, Transcript Video Services shall not prepare and file the requested transcripts until further order of this court.		04-12922
10/18/2004	Notice/Incoming	Filed Notice. Notice of Dismissal of Chapter 13 Bankruptcy.		04-19211
11/08/2004	Notice/Incoming	Filed Status Report. Response to Appellant's Notice of Dismissal of Chapter 13 Bankruptcy.		04-20587
11/18/2004	Other	Other. Filed Reply to Respondent's Showing Regarding Notice of Dismissal.		04-21320
12/07/2004	Motion	Filed Reply to Response. Respondent's Second Response to Appellant's Reply to Respondent's Showing Regarding Notice of Dismissal and Demand for Sanctions against Appellant and Appellant's Counsel.		04-22244
02/08/2005	Order/Procedural	Filed Order. Reinstating Briefing and Denying Request to Impose Sanctions. On January 12, 2004, appellant filed a notice informing this court that respondent filed a petition for bankruptcy in the United States Bankruptcy Court on October 17, 2003. On July 15, 2004, this court entered an order noting that respondent was a defendant to a counterclaim below and ordered the appeal stayed pursuant to the mandatory provisions of bankruptcy law. On October 18, 2004, appellant filed a status report informing this court that respondent's bankruptcy proceeding was 'voluntarily dismissed.' On November 8, 2004, respondent filed a response to the status report. Appellant has filed a reply. Respondent has filed a response to the reply. We note that appellant complied timely with this court's July 15, 2004, order by filing a status report of respondent's bankruptcy proceedings by October 13, 2004. We further note that respondent made no attempt to inform this court of the dismissal of his bankruptcy proceedings. fn1[Although respondent is indignant in his request for sanctions, he makes no attempt to explain to this court why he failed to notify this court of the dismissal of his bankruptcy proceedings.] We note that the delay in briefing of this appeal did not appear to prejudice either party. Accordingly, we conclude that sanctions against appellant and her attorneys are not warranted and we deny respondent's request for sanctions. We further lift the bankruptcy stay imposed in our July 15, 2004, order. The filing deadlines of this appeal shall be as follows. Court reporter Shelly Ajoub shall have 30 days from the date of this order to prepare and file certified copies of the requested transcripts. Appellant shall have 60 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).		05-02593
03/15/2005	Motion	Filed Motion to Extend Time.		05-05059
03/23/2005	Order/Clerk's	Filed Clerk's Order Granting Motion. filed March 15, 2005. Transcript Video Services shall have until April 8, 2005, to file and serve the requested transcripts.		05-05656
03/28/2005	Transcript	Filed Transcript. Proceedings: Monday, March 4, 2002; Tuesday, March 26, 2002; Tuesday, May 14, 2002; Friday, November 1, 2002; Monday, November 18, 2002; Volume I, Monday, December 9, 2002; Volume 2, Monday, December 9, 2002; Volume 1, Wednesday, January 15, 2003; Volume 2, Wednesday, January 15, 2003. Court Reporter: Shelly A. Ajoub.		05-05983
04/19/2005	Notice/Outgoing	Issued Notice to File Opening Brief and Appendix.
05/02/2005	Motion	Filed Motion to Extend Time.		05-08624
05/09/2005	Order/Procedural	Filed Order Granting Motion. filed May 2, 2005. Appellant shall have until June 20, 2005, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance.		05-08978
05/27/2005	Transcript	Filed Transcript. Proceedings: Monday, October 15, 2001. Court Reporter: Shelly A. Ajoub. Filed in district court on May 24, 2005.		05-10485
06/24/2005	Motion	Filed Motion to Extend Time.		05-12485
06/27/2005	Motion	Filed Motion for Excess Pages. Appellant's Motion for Leave to File an Opening Brief Having Fifty-One Pages.		05-12546
06/28/2005	Motion	Filed Motion to Dismiss Appeal. Respondent's Motion to Dismiss Appeal, Objection to Appellant's Second Motion for Enlargement of Time, and Motion to Strike Appellant's Motion.		05-12753
07/01/2005	Motion	Filed Response to Motion. Appellant's Response to Respondent's Motion to Dismiss Appeal.		05-13134
07/05/2005	Motion	Filed Response to Motion. Appellant's Amended Response to Respondent's Motion to Dismiss Appeal.		05-13164
07/05/2005	Motion	Filed Response to Motion. Respondent's Objection to Appellant's Motion for Leave to File and Opening Brief Having Fifty-One Pages.		05-13231
07/11/2005	Other	Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), Appellant's Response to Respondent's Opposition to Appellant's Motion for Leave to file a 51 Page Opening Brief.
08/16/2005	Order/Procedural	Filed Order. We grant appellant's motion for an extension of time and deny respondent's motion to dismiss this appeal and to strike appellant's motion for an extension of time. We also grant the motion to file an opening brief in excess of the page limit. Accordingly, the clerk of this court shall file the opening brief and appendix received on June 27, 2005. Respondent shall have 30 days from the date of this order to file and serve the answering brief. Appellant shall have 30 days after service of respondent's answering brief to serve and file a reply brief, if any.		05-16262
08/16/2005	Brief	Filed Opening Brief.		05-12556
08/16/2005	Appendix	Filed Appendix to Opening Brief. Vols. 1 through 12.		05-12559
09/12/2005	Motion	Filed Motion and Order Extending Time. Brief due: October 17, 2005.		05-18018
10/18/2005	Motion	Filed Motion and Order/Excess Pages. Granted: 35 pages.		05-20566
10/18/2005	Brief	Filed Answering Brief.		05-20568
10/18/2005	Appendix	Filed Appendix to Answering Brief. Vols. 1 through 3.		05-20570
11/14/2005	Motion	Filed Motion and Order Extending Time. Brief due: December 5, 2005.		05-22305
12/05/2005	Motion	Filed Motion to Extend Time. Appellant's Second Motion for Enlargement of time within which to file her Reply Brief.		05-23723
12/07/2005	Order/Clerk's	Filed Clerk's Order Granting Motion. Reply brief due: 5 days.		05-23941
12/09/2005	Brief	Filed Reply Brief.		05-24075
12/21/2005	Motion	Filed Motion to Strike. Respondent's Motion to Strike Appellant's Reply Brief.		05-24832
01/03/2006	Motion	Filed Response to Motion.		06-00161
01/10/2006	Order/Procedural	Filed Order Denying Motion. We deny respondent's motion to strike appellant's reply brief. In resolving this appeal, we will disregard any matter improperly included in the briefs.		06-00621
05/26/2006	Order/Procedural	Filed Order/Submit on Briefs. Oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein.		06-11186
05/26/2006	Case Status Update	Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH
06/08/2006	Other	Returned Mail. Order filed 05/26/06 addressed to Attorney Robin Barber returned. No forwarding address.
09/26/2006	Order/Dispositional	Filed Dispositional Order/Appeal. 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." SNP06-WM/MG/JH		06-19740
10/12/2006	Filing Fee	Received Filing Fee Paid on Filing. $150 from Thomas J. Gibson--check no. 1804.
10/12/2006	Post-Judgment Petition	Filed Petition for Rehearing. Respondent's Petition for Rehearing.		06-21007
10/16/2006	Filing Fee	Received Filing Fee Paid on Filing. $150 cash from Gary E. Gowen.
10/16/2006	Post-Judgment Petition	Filed Petition for Rehearing. Appellant's Petition for Rehearing.		06-21258
10/25/2006	Post-Judgment Order	Filed Order/Rehearing Denied. ". . . we deny rehearing." NRAP 40(c).		06-21938
11/06/2006	Motion	Filed Motion for Excess Pages. Motion for Leave to File a Petition for Enbanc Reconsideration Having 22 Pages.		06-22617
11/06/2006	Post-Judgment Petition	Received Petition for En Banc Reconsideration.		06-22619
11/06/2006	Post-Judgment Petition	Filed Petition for En Banc Reconsideration. Respondent's.		06-22639
11/21/2006	Remittitur	Issued Remittitur.		06-23861
11/21/2006	Case Status Update	Remittitur Issued/Case Closed.
11/27/2006	Order/Procedural	Filed Order Granting Motion. The clerk shall file appellant's 22-page petition for en banc reconsideration received on November 6, 2006.		06-24174
11/27/2006	Post-Judgment Petition	Filed Petition for En Banc Reconsideration. Appellant's.		06-22619
12/06/2006	Remittitur	Filed Remittitur. Received by County Clerk on November 27, 2006.		06-23861
12/26/2006	Post-Judgment Order	Filed Order Denying En Banc Reconsideration. Having considered the petitions on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." fn1-[The Honorables Robert E. Rose, Chief Justice, and Nancy A. Becker, Associate Justice, did not participate in the decision of this matter.] EN BANC		06-26374
04/05/2007	Notice/Incoming	Filed Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed March 29, 2007 and placed on the docket as Case No. 06-1306.		07-07623
06/08/2007	Notice/Incoming	Filed Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied.		07-12586