Druckman v. Ruscitti ( 2014 )

60598: Case View

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Cases Participant Search Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 60598 Short Caption: DRUCKMAN VS. RUSCITTI (CHILD CUSTODY) C/W 61038 Classification: Civil Appeal - Family Law - Fast Track Child Custody Consolidated: 60598*, 61038 Related Case(s): 61038, 64811 Lower Court Case(s): Clark Co. - Eighth Judicial District - D452371 Case Status: Remittitur Issued/Case Closed Disqualifications: Panel Assigned: En Banc Replacement: Expedited To SP/Judge: 04/06/2012 / Worrell, Carolyn SP Status: Completed Oral Argument: 10/08/2013 at 2:00 PM Oral Argument Location: Regional Justice Center Submission Date: 10/08/2013 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Amicus Curiae State Bar of Nevada, Family Law Section Robert Cerceo (Abrams Law Firm, LLC) Katherine L. Provost (Dickerson Law Group) Appellant Ian Scott Druckman Michael P. Carman (Kunin & Carman) Israel L. Kunin (Kunin & Carman) Corinne M. Price (Fine Law Group) Respondent Audria Bernice Ruscitti Emily M. McFarling (McFarling Law Group) Neil M. Mullins, Jr. (Mullins Law Firm) 14-20944: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Docket Entries Date Type Description Pending? Document 04/04/2012 Filing Fee Filing fee due for Appeal. Filing fee will be forwarded by the District Court. 04/04/2012 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 12-10693 04/04/2012 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. 12-10695 04/05/2012 Motion Filed Motion for Stay. 12-10894 04/06/2012 Order/Procedural Filed Order Denying Motion for Stay. 12-10995 04/06/2012 Settlement Notice Issued Notice: Assignment to Settlement Program - Settlement Judge: Carolyn Worrell. 12-11056 04/09/2012 Notice of Appeal Documents Filed Documents from District Court Clerk - Civil Cover Sheet (SEALED). 04/09/2012 Filing Fee Filing Fee Paid. $250.00 from The Law Offices of Israel L. Kunin. Check no. 200658. 04/11/2012 Notice/Incoming Filed Certificate of Service. (Notice of Assignment) 12-11473 04/24/2012 Docketing Statement Filed Docketing Statement Civil Appeals. 12-13012 05/16/2012 Settlement Program Report Filed ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. 12-15526 06/13/2012 Settlement Order/Procedural Filed Order Removing From Settlement Program/Briefing Reinstated Pursuant to NRAP 3E. Appellant: 10 days transcript request; 40 days fast track statement and appendix. Fn1 [ In her report, the settlement judge has also indicated that "counsel for respondent will file a motion to withdraw from this case." If counsel will not be representing respondent in this appeal, he should file a proper notice or motion with this court. See NRAP 46(e). Until such a notice or motion is approved, counsel remains on this court's docket as attorney of record.] 12-18489 06/15/2012 Motion Filed Motion to Consolidate Appeals and Permit Expanded Fast Track Statement. Nos. 60598/61038. 12-18824 06/18/2012 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: October 18, 2011, January 13, 2012, January 17, 2012, & March 22, 2012. To Court Reporter: Transcript Video Services. 12-18976 06/19/2012 Motion Filed Motion to Withdraw as Attorney of Record. 12-19185 07/12/2012 Motion Filed Motion to Extend Time to File Appellant's Fast Track Statement. 12-21997 07/24/2012 Order/Procedural Filed Order Granting Motions to Consolidate Appeals, for Leave to File an Expanded Fast Track Statement, for an Extension of Time, and to Withdraw as Counsel. Fast track statement that is 20 pages or less due: August 20, 2012. Respondent's fast track response due: 20 days from service of fast track statement. Nos. 60598/61038. 12-23215 08/02/2012 Other Received Returned Mail. Order filed 7/24/12 addressed to Audria Bernice Ruscitti. Per USPS, "return to sender, unable to forward". Updated address per cert. of service on motion filed 7/12/12. Mailed order to new address. 08/21/2012 Notice/Incoming Filed Certificate of Service. (Fast Track Statement and Appendix) 12-26190 08/23/2012 Fast Track Brief Filed Child Custody Fast Track Statement. 12-26654 08/23/2012 Appendix Filed Appellants Appendix to Fast Track Statement Volumes 1-5. 12-26658 09/11/2012 Notice/Incoming Filed Notice of Compliance Re: Certification of Transcript (Filed in Case No. 61038 - Notice from Court Reporter. Shelly A. Ajoub stating that the requested transcripts were delivered. Dates of transcripts: October 18, 2011, January 13, 2012, January 17, 2012, & March 22, 2012). Nos. 60598/61038. 12-28630 01/08/2013 Notice/Incoming Filed Certificate of Service (Fast Track Statement and Appendix). Nos. 60598/61038. 13-00783 01/08/2013 Motion Filed Motion for Confession of Error. Nos. 60598/61038. 13-00785 01/15/2013 Motion Filed Proper Person Motion for Extension of time to Respond to Fast Track Statement. Nos. 60598/61038. 13-01594 01/15/2013 Motion Filed Proper Person Opposition to Motion for Confession of Error. Nos. 60598/61038. 13-01611 01/18/2013 Motion Filed Reply Re: Motion for Confession of Error. Nos. 60598/61038 13-02076 01/22/2013 Fast Track Brief Received Fast Track Response. (FILED PER ORDER OF 2/19/13). 02/19/2013 Order/Procedural Filed Order Resolving Briefing Motions, Inviting Amicus Curiae Participation, and Directing Response Regarding Appointment of Pro Bono Counsel. We grant respondent's motion for an extension of time to file the fast track response, and we direct the clerk of this court to file the response provisionally received in this court on January 22, 2013. It appears that this court's resolution of this matter may be assisted by the participation of the amicus curiae. Therefore, the court invites the Family Law Section of the State Bar of Nevada to participate in this appeal as amicus curiae. Accordingly, within 11 days from the date of this order, appellant shall serve the Family Law Section with copies of the notice of appeal, docketing statement, fast track statement, and appendix; and respondent shall serve the Family Law Section with a copy of her fast track response. Within that same time period, the parties shall file in this court properly completed certificate of service that comply with NRAP 25(d) for the documents served on the Family Law Section. Thereafter, the Family Law Section shall have 30 days from the date of service of the parties' appellate documents in which to advise this court of either their consent to participate or their intent to decline the invitation to participate as amicus curiae. We direct respondent to inform this court within 11 days from the date of this order whether she would consent to the appointment of pro bono counsel for purposes of oral argument and supplemental briefing. If respondent declines pro bono counsel, oral argument will not be scheduled. Nos. 60598/61038. 13-05143 02/19/2013 Fast Track Brief Filed Fast Track Response (Response to Fast Track Statement). Nos. 60598/61038. 13-05146 02/25/2013 Notice/Incoming Filed Receipt of Copy of Order Resolving Briefing Motions, Inviting Amicus Curiae Participation, and Directing Response Regarding Appointment of Pro Bono Counsel, filed February 19, 2013. 13-05774 02/28/2013 Notice/Incoming Filed Notice of Appearance of Pro Bono Counsel for Respondent (Audria Bernice Ruscitti) Pursuant to this Court's Order of February 19, 2013. Bruce I. Shapiro, Esq. of Pecos Law Group. 13-06217 03/01/2013 Notice/Incoming Filed Notice of Acceptance of Invitation to File Amicus Curiae Brief. Nos. 60598/61038. 13-06456 03/25/2013 Order/Procedural Filed Order Regarding Service and Setting Supplemental and Amicus Curiae Briefing Schedule. We direct Mr. Shapiro to serve the Family Law Section with a copy of the proper person fast track response, and file a completed certificate of service in this court within 11 days from the date of this order. Appellant: Supplemental brief due: 30 days. Respondent: Supplemental brief due: 20 days from the date appellant's brief is served. Family Law Section: Amicus curiae brief due: 15 days after service of respondent's supplemental brief. Nos. 60598/61038 13-08793 03/29/2013 Notice/Incoming Filed Certificate of Mailing. (Fast Track Response) Nos. 60598/61038 13-09373 04/03/2013 Notice/Incoming Filed Certificate of Mailing for "Response to Fast Track Statement." Nos. 60598/61038. 13-09807 04/22/2013 Notice/Incoming Filed Substitution of Attorneys (Emily McFarling Esq. of McFarling Law Group in place and stead of Bruce I. Shapiro, Esq.). Nos. 60598/61038. 13-11810 04/25/2013 Brief Filed Supplemental Brief Pursuant to the March 25, 2013, Order of Supreme Court. Nos. 60598/61038. 13-12099 05/16/2013 Brief Filed Respondent's Supplemental Brief Pursuant to the March 25, 2013 Order of Supreme Court. Nos. 60598/61038. 13-14477 05/23/2013 Motion Filed Motion for Extension of Time to File Amicus Curiae Brief and to Exceed Page Limit Stated in NRAP 29(e) (First Request). Nos. 60598/61038. 13-15288 05/30/2013 Brief Received Amicus Brief - Brief of Amicus Curiae Family Law Section of the State Bar of Nevada (via E-Flex). Nos. 60598/61038.(FILED PER ORDER OF 6/10/13). 06/10/2013 Order/Procedural Filed Order Granting Motion to Exceed Page Limit. As the amicus brief was timely received in this court on May 30, 2013, the motion for extension of time is denied as moot. The clerk of this court shall file the amicus brief that was provisionally received in this court on May 30, 2013. Nos. 60598/61038. 13-16823 06/10/2013 Brief Filed Amicus Brief -Brief of Amicus Curiae Family Law Section of the State Bar of Nevada, Nos. 60598/61038. 13-16826 06/10/2013 Case Status Update Fast Track Briefing Completed. To Screening. 08/29/2013 Notice/Outgoing Issued Notice Scheduling Oral Argument. Oral argument is scheduled for Tuesday, October 8, 2013, @ 2:00 p.m. in Las Vegas. Argument shall be limited to 30 minutes. Nos. 60598/61038. 13-25706 09/24/2013 Notice/Outgoing Issued Oral Argument Reminder Notice 13-28449 10/08/2013 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. 06/26/2014 Opinion/Dispositional Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court En BANC. Author: Douglas, J. Majority: Douglas/Gibbons/Pickering/Hardesty/Parraguirre. Saitta, J., with whom Cherry, J., agrees, dissenting. 130 Nev. Adv. Opn. No. 50. EN BANC Nos. 60598/61038 14-20944 07/14/2014 Post-Judgment Petition Filed Petition for Rehearing of En Banc Decision. Nos 6098/61038. 14-22869 07/14/2014 Filing Fee Filing fee paid. E-Payment $150.00 from Israel L. Kunin 07/15/2014 Order/Procedural Filed Order Directing Answer to Petition for Rehearing. Respondent: 15 days to file and serve an answer to the petition. Nos. 60598/61038. 14-22954 07/29/2014 Motion Filed Motion to Extend Deadline to File Answer to Petition for Rehearing. 14-24784 08/08/2014 Order/Procedural Filed Order Granting Motion for Extension of Time. Respondent shall have until August 14, 2014, to file and serve the answer. Nos. 60598/61038. 14-26015 08/12/2014 Post-Judgment Petition Filed Answer to Petition for Rehearing of En Banc Decision. Nos. 60598/61038. 14-26324 09/24/2014 Post-Judgment Order Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Cherry, J., with whom, Saitta, J., agrees, dissenting. Nos. 60598/61038. 14-31662 10/20/2014 Remittitur Issued Remittitur. 14-34852 10/20/2014 Case Status Update Remittitur Issued/Case Closed. 11/04/2014 Remittitur Filed Remittitur. Received by District Court Clerk on October 24, 2014. 14-34852