| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 06/22/2001 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Pico & Mitchell--check no. 20689. | | |
| 06/22/2001 | 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.) | | 01-10611
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| 07/03/2001 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Jennifer Elliott-Tavano. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 07/30/2001 | Order/Procedural | Filed Order. To date appellant has failed to file the docketing statement. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement. Failure to comply timely with this order may result in the imposition of sanctions. (Docketing statement mailed to counsel for appellant.) | | 01-12850
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| 08/09/2001 | Docketing Statement | Filed Docketing Statement. | | 01-13488
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| 08/10/2001 | Notice/Outgoing | Letter. Jennifer Elliott-Tavano. | | |
| 08/13/2001 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 01-13747
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| 09/04/2001 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. This court shall conduct a preliminary jurisdictional review of this appeal. Appellant: 15 days to comply with NRAP 9(a). Because this is a child custody matter, appellant shall have 90 days to file and serve opening brief and appendix. Respondent shall have 20 days after service of the opening brief to file and serve the answering brief. Appellant shall have 10 days after service of the answering brief to file and serve the reply brief. | | 01-14889
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| 12/18/2001 | Order/Procedural | Filed Order. To date, appellant has failed to comply with NRAP 9(a). Appellant shall, within 10 days from the date of this order, file and serve either a transcript request form or a certificate indicating that no transcripts are being requested. | | 01-21345
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| 01/14/2002 | Order/Procedural | Filed Order. On December 18, 2001, we entered an order directing appellant to comply with NRAP 9(a) within 10 days. To date, appellant has failed to file the required documents. Appellant shall file and serve either a transcript request form or a certificate indicating that no transcripts are being requested within 10 days from the date of this order, or show cause why sanctions should not be imposed. Further, appellant shall file and serve the opening brief and appendix within 15 days from the date of this order, or show cause why sanctions should not be imposed. Respondent shall file and serve the answering brief within 20 days from service of the opening brief. NRAP 31(a)(2). Appellant may file a reply brief within 10 days of service of the answering brief. | | 02-00957
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| 05/07/2002 | Order/Counsel | Filed Order/Sanctions. To date, appellant has failed to comply with our September 4, 2001, December 18, 2001, and January 14, 2002, orders or otherwise communicate with this court. We conclude that attorney James R. Rosenberger's dilatory actions in prosecuting this appeal warrant the imposition of sanctions. Mr. Rosenberger shall personally pay the sum of $500.00 to the Supreme Court Law Library and file proof of such payment with this court within 15 days from the date of this order. Appellant: 15 days to file and serve the opening brief and appendix and either a transcript request form or a certificate indicating that no transcripts are being requested. Thereafter, respondent shall have 20 days to file and serve the answering brief. Failure to comply timely with this order may result in the imposition of additional sanctions, including but not limited to, dismissal of this appeal and referral of appellant's counsel to the State Bar of Nevada for investigation. | | 02-07966
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| 06/10/2002 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss and for the Imposition of Sanctions, Including an Award of Attorneys Fees. | | 02-10127
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| 08/12/2002 | Order/Dispositional | Filed Order Dismissing Appeal. On June 10, 2002, respondent filed a motion to dismiss this appeal for appellant's failure to file the opening brief and appendix. Appellant has not opposed the motion, has failed to comply with NRAP 9(a), file the opening brief and appendix or otherwise communicate with this court. We grant respondent's motion and ' . . . order this appeal dismissed.' Respondents June 10, 2002, motion also requests the imposition of sanctions against appellant and the award of attorney fees. We direct appellant to show cause, within 15 days from the date of this order, why this court should not grant respondent's request for an award of attorney fees pursuant to NRAP 38. Mr. Rosenberger shall have 10 days from the date of this order to pay the Supreme Court Law Library the $500.00 sanction imposed against him in the May 7, 2002, order and file proof of such payment with the clerk of this court and shall have 15 days from the date of this order to serve appellant with a copy of this order and provide proof of such service to this court. Failure to comply timely with this order may result in the imposition of additional sanctions including referral to the State Bar of Nevada for investigation. NNP02-MS/RR/NB | | 02-13698
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| 09/06/2002 | Remittitur | Issued Remittitur. | | 02-13807
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| 09/06/2002 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 09/24/2002 | Remittitur | Filed Remittitur. Received by County Clerk on September 10, 2002. | | 02-13807
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| 04/29/2003 | Order/Procedural | Filed Order. Order Awarding Attorney Fees and Costs. To date, Mr. Rosenberger has failed to respond to our August 12, 2002, order. Accordingly, we conclude that sanctions pursuant to NRAP 38 are warranted and we grant respondent's motion for attorney fees and costs. Because we decline to impute Mr. Rosenberger's conduct to appellant, Mr. Rosenberger shall personally pay the NRAP 38 sanctions imposed by this court, the amount of which will be determined at a future date. Respondent's counsel shall have 15 days from the date of this order to file and serve an itemized bill for the attorney fees and costs expended in defending this appeal. | | 03-07294
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| 05/16/2003 | Notice/Incoming | Filed Affidavit. Affidavit of Douglas C. Crawford, Esq. In Support of Award of Attorney's Fees and Costs. | | 03-08388
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| 03/05/2004 | Letter/Incoming | Filed Letter. from attorney Douglas C. Crawford requesting a status on the award of attorney's fees and costs. | | 04-04209
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| 12/29/2004 | Order/Procedural | Filed Order. to Pay Sanction and Attorney Fees and Costs. On May 7, 2002, this court entered an order that imposed a monetary sanction in the sum of $500.00 upon appellant's counsel, Mr. James R. Rosenberger, for failing to comply with this court's procedural rules and orders. We directed Mr. Rosenberger to pay the sanction to the Supreme Court Law Library and to file proof of payment with this court within 15 days. On August 12, 2002, this court entered an order that again directed Mr. Rosenberger to pay the sanction and file proof of payment within 10 days. To date, Mr. Rosenberger has failed to pay the sanction imposed upon him. Mr. Rosenberger shall have 10 days from the date of this order to pay to the Supreme Court Law Library the $500.00 sanction imposed upon him in this court's May 7, 2002, order. Within this same time period, Mr. Rosenberger shall file proof of payment of the sanction with this court. On June 10, 2002, respondent moved to dismiss this appeal and for the imposition of sanctions, including an award of attorney fees, based on appellant's dilatory conduct in this appeal. Appellant did not oppose the motion. Accordingly, on August 12, 2002, this court granted the motion and dismissed this appeal. That order further directed appellant to show cause why this court should not also grant respondent's request for an award of attorney fees under NRAP 38. Mr. Rosenberger failed to respond to our show cause directive. On April 29, 2003, this court granted respondent's unopposed motion for attorney fees and directed respondent's counsel, Mr. Douglas C. Crawford, to submit an itemized bill for attorney fees. Mr. Crawford subsequently submitted an affidavit and itemized billing statement. fn1[Appellant has not filed a response to Mr. Crawford's billing statement.] Our review of this court's docket reveals that Mr. Rosenberger failed to comply with, or otherwise respond to, this court's orders entered on September 4, 2001, December 18, 2001, January 14, 2002, May 7, 2002, and August 12, 2002. We note, however, that prior to entry of the September 4, 2001, order reinstating briefing after the parties' unsuccessful settlement conference, Mr. Rosenberger did not disregard any orders of this court. We further note that the settlement judge to whom this appeal was assigned did not report that Mr. Rosenberger failed to participate in good faith in the settlement conference program. It appears on the record before this court that appellant participated in good faith in the settlement conference proceedings and that appellant's failure to diligently prosecute this appeal occurred after the reinstatement of briefing. We conclude, under these circumstances, that it would be unfair to require Mr. Rosenberger to pay the attorney fees incurred by respondent through the conclusion of settlement proceedings and prior to the reinstatement of briefing. In accordance with this court's April 29, 2003, order, we direct Mr. Rosenberger to pay the sum of $5,340.00 to respondent. This sum appears sufficient to compensate respondent for the attorney fees incurred in defending against this appeal after the reinstatement of briefing and appropriate to discourage Mr. Rosenberger from engaging in like dilatory conduct in the future. Mr. Rosenberger shall pay the attorney fees and file proof of such payment within 30 days from the date of this order. Failure to comply timely with this order may result in referral of this matter to the State Bar for investigation and possible disciplinary proceedings pursuant to SCR 105. | | 04-23687
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| 02/01/2005 | Notice/Incoming | Filed Proof of Payment of Sanction. Check no. 32011 in the amount of $500.00 payable to the Supreme Court Law Library. | | 05-02036
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| 08/30/2005 | Order/Procedural | Filed Order. Referring Counsel to State Bar of Nevada. Attorney James R. Rosenberger, counsel for appellant, repeatedly failed to abide by this court's orders in the prosecution of this appeal. On December 29, 2004, this court entered an order that directed Mr. Rosenberger to pay the sum of $5,340.00 in attorney fees to respondent and to file proof of such payment by January 28, 2005. We cautioned Mr. Rosenberger that failure to comply timely with our order might result in referral of this matter to the State Bar for investigation and possible disciplinary proceedings pursuant to SCR 105. To date, Mr. Rosenberger has failed to file proof of payment of the attorney fees. fn1[Our December 29, 2004, order also directed Mr. Rosenberger to pay the Supreme Court Law Library a $500.00 sanction imposed upon him by this court in a May 7, 2002, order and to file proof of such payment by January 10, 2005. Mr. Rosenberger filed proof of payment of the $500.00 sanction on February 1, 2005.] We conclude that Mr. Rosenberger's dilatory actions in prosecuting this appeal and his repeated disregard of this court's rules and orders warrant an investigation by the State Bar of Nevada. We refer this matter to the State Bar of Nevada for an investigation pursuant to SCR 105. fn2[The clerk of this court shall provide bar counsel with copies of this court's orders entered in this appeal on September 4, 2001, December 18, 2001, January 14, 2002, May 7, 2002, August 12, 2002, April 29, 2003, and December 29, 2004.] Bar counsel shall, within 90 days from the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings. | | 05-17174
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| 11/29/2005 | Notice/Incoming | Filed Status Report. Investigative Report from State Bar of Nevada re attorney James Rosenberger. NOTE: This original document was placed in attorney Rosenberger's bar file. No copy was placed in the correspondence file for this case. | | |
| 01/22/2007 | Notice/Incoming | Filed Status Report. Supplemental Investigative Report from State Bar of Nevada re attorney James Rosenberger. NOTE: This original document was placed in attorney Rosenberger's bar file. No copy was placed in the correspondence file for this case. | | |