IN RE: MATTER OF E.R. C/W 73198 ( 2018 )

73272: Case View

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Cases Participant Search 18-16764: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. 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: 73272 Short Caption: IN RE: MATTER OF E.R. C/W 73198 Court: Supreme Court Consolidated: 73198*, 73272 Related Case(s): 73198 Lower Court Case(s): Clark Co. - Eighth Judicial District - J337398 Classification: Original Proceeding - Civil - Mandamus Disqualifications: Case Status: Notice in Lieu of Remittitur Issued/Case Closed Replacement: Panel Assigned: Panel To SP/Judge: SP Status: Oral Argument: Oral Argument Location: Submission Date: 02/14/2018 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Petitioner Clark County Department of Family Services Tanner L. Sharp (Clark County District Attorney/Juvenile Division) Steven B. Wolfson (Clark County District Attorney) Petitioner Clark County District Attorney's Office Tanner L. Sharp (Clark County District Attorney/Juvenile Division) Steven B. Wolfson (Clark County District Attorney) Real Party in Interest Joey Rozier John R. Blackmon (Former) (Blackmon Law Group) Christopher P. Ford (Ford & Friedman, LLC) Real Party in Interest Philip Rivera Gregory S. Mills (Mills & Anderson Law Group) Real Party in Interest Regina Rivera Gregory S. Mills (Mills & Anderson Law Group) Real Party in Interest Stephanie Rozier John R. Blackmon (Former) (Blackmon Law Group) Christopher P. Ford (Ford & Friedman, LLC) Reference Party E. J. R. Emily M. McFarling (McFarling Law Group) Raymond E. McKay (Law Offices of Jason M. Peck) Respondent Cynthia N. Giuliani Respondent The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark Docket Entries Date Type Description Pending? Document 06/19/2017 Filing Fee Petition Filing fee waived. State/County/Municipality. 06/19/2017 Petition/Writ Filed Petition for Writ of Mandamus. 17-20249 06/19/2017 Appendix Filed Appendix to Petition for Writ. 17-20252 06/19/2017 Motion Filed Emergency Motion for Stay Under NRAP 27(e). 17-20253 06/28/2017 Motion Filed Request to File an Opposition to Emergency Motion for Stay Under NRAP 27(e) and Request for Extension of Time to File an Opposition. 17-21664 06/28/2017 Notice/Incoming Filed Notice of Court Appearance (Raymond McKay as counsel for Referenced Party E.R.). 17-21666 07/13/2017 Order/Procedural Filed Order. We consolidate these matters in the interest of judicial economy. We have determined that the minor child and Clark County Department of Family Services, which has legal custody of the minor child, should be listed as real parties in interest in Docket No. 73198. Further, the minor child should be listed as a real party in interest in Docket No. 73272. We direct the clerk of this court to amend the captions on this court's docket to conform to the captions on this order. Petitioners in Docket No. 73272 have filed a motion to stay the district court's order pending this court's consideration of the petition in that matter. The subject minor's attorney has submitted an opposition to the motion. Having considered the motion and opposition thereto, we conclude that a stay is warranted, and we therefore grant the motion. Real parties in interest Stephanie R., Joey R., and E.R., on behalf of respondents, shall have 30 days from the date of this order to file and serve answers. All petitioners shall have 15 days from service of the last-filed answer to file and serve any reply. Clark County Department of Family Services shall supplement its appendix with those transcripts once the transcripts become available. fn1[Petitioners in Docket No. 73198 failed to include the district court's written order in their appendix. fn1[Philip R. and Regina R. shall have 11 days from the date of this order to file and serve a copy of the district court's June 12, 2017, order as supplement to their appendix in Docket No. 73198.] fn4[Cause appearing, we grant the motion of the child's attorney to file an opposition and direct the clerk to file the opposition received June 29, 2017.] fn5[ Petitioners in Docket No. 73198 request, within their petition, a stay of the same district court order. In light of the stay granted herein, at this time, we take no action on the request for stay in Docket No. 73198.] fn6[ Any or all of these parties may file a joint answer, and each may file a single answer addressing both writ petitions.] fn7[Because the transcripts will be available to Philip R. and Regina R. once Clark County Department of Family Services supplements its appendix, we deny as moot Philip and Regina R.'s request for an order directing the district court to make those transcripts available to them.] Nos. 73198/73272. 17-23397 07/14/2017 Transcript Filed Notice from Court Reporter. Shelly Ajoub stating that the requested transcripts were delivered. Dates of transcripts:04/13/17, 04/14/17,05/23/17 (72372). Nos. 73198/73272. 17-23550 07/17/2017 Appendix Filed Petitioner's Supplement to Appendix (73272). Nos. 73198/73272. 17-23692 07/18/2017 Motion Filed Opposition to Emergency Motion for Stay Under NRAP 27(e). (FILED PER 07/13/17 ORDER.) Nos. 73198/73272. 17-23826 07/24/2017 Appendix Filed Petitioners' Supplement to Appendix (73198). Nos. 73198/73272. 17-24491 07/25/2017 Notice/Incoming Filed Certificate of Mailing (Petitioners' Supplement to Appendix (73198)). Nos. 73198/73272. 17-24726 08/03/2017 Notice/Incoming Filed Notice of Appearance of Counsel (Emily McFarling as Pro Bono Co-Counsel for Reference Party, E.R., a Minor). Nos. 73198/73272. 17-25814 08/09/2017 Notice/Outgoing Issued Notice of Deficient Answer to Petition for Writ. Corrected Answer to Petition for Writ due: 5 days (E.R.). Nos. 73198/73272. 17-26691 08/10/2017 Petition/Writ Filed Real Party in Interest Minor Child, E.R.'s Answer to Consolidated Petitions for Writ of Mandamus. Nos. 73198/73272. 17-26761 08/11/2017 Notice/Incoming Filed Notice of Appearance of Counsel for Stephanie and Joel Rozier (John Blackmon as counsel for Real Party in Interest Stephanie and Joel Rozier). Nos. 73198/73272. 17-26912 08/14/2017 Notice/Outgoing Issued Notice of Deficient Brief. Corrected Answer to Writ Petition due: 5 days. Nos. 73198/73272. 17-27060 08/15/2017 Petition/Writ Filed Real Party in Interest Stephanie and Joel R's Answer to Consolidated Petitions for Writ. Nos. 73198/73272. 17-27176 08/22/2017 Notice/Incoming Filed Certificate of Service (Real Party in Interest Stephanie and Joel R's Answer to Consolidated Petitions for Writ). Nos. 73198/73272. 17-28191 08/28/2017 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Reply in Support of Petition for Writ of Mandamus due: September 13, 2017. Nos. 73198/73272. 17-28817 08/29/2017 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Reply in Support of Petition for Writ of Mandamus in Docket No. 73272 due: September 13, 2017. Nos. 73198/73272. 17-28977 09/13/2017 Petition/Writ Filed Petitioner Clark County District Attorney's Offices' Reply in Support of Petition for Writ of Mandamus (73198). Nos. 73272/73198. 17-30916 09/14/2017 Petition/Writ Filed Petioner Clark County Department of Family Services' Reply to Respondents' Answers to Consolidated Petitions for Writ of Mandamus (73272). Nos. 73198/73272. 17-30950 10/31/2017 Notice/Incoming Filed Notice of Change of Firm for attorney John Blackmon. Nos. 73198/73272 17-37193 11/29/2017 Letter/Incoming Filed November 29 2017 correspondence to Clerk of Court re Counsel for Stephanie & Joey R. Nos. 73198/73272. 17-41108 12/12/2017 Order/Procedural Filed Order. Mr. Blackmon is listed as counsel of record on this court's docket pursuant to the notice of appearance filed August 11, 2017. Mr. Ford was not listed as counsel of record on that notice and did not file a separate notice of appearance. If Mr. Ford wishes this court's docket to reflect that he is counsel of record, he should file a substitution of counsel pursuant to NRAP 46(e)(2). Nos.73198/73272. 17-42803 01/03/2018 Order/Clerk's Filed Order re: Scheduling of Oral Argument. These matters will be scheduled for oral argument on the next available calendar. Nos. 73198/73272 18-00287 01/04/2018 Notice/Incoming Filed Substitution of Counsel. Christopher P. Ford, Esq. of the law firm Ford & Friedman substituting as counsel for Real Parties in Interest Stephanie and Joel Rozier in place and stead of John R. Blackmon. 18-00521 01/09/2018 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Wednesday, February 14, 2018, at 11:30 a.m. for 30 minutes in Las Vegas. Nos. 73198/73272 18-01156 01/31/2018 Notice/Outgoing Issued Oral Argument Reminder Notice. 18-04217 02/14/2018 Case Status Update Oral argument held this day. Case submitted for decision. Before the Southern Nevada Panel MC/RP/LS. 05/03/2018 Opinion/Dispositional Filed Authored Opinion. "Petitions granted." Direct the clerk of this court to issue a writ of mandamus directing the district court to vacate the order placing the child with the maternal relatives and to conduct a trial de novo and enter a decision consistent with the guidelines set forth in this opinion. Before: Cherry/Parraguirre/Stiglich. Author: Cherry, J. Majority: Cherry/Parraguirre/Stiglich. 134 Nev. Adv. Opn. No. 29. SNP18-MC/RP/LS Nos. 73198/73272 18-16764 05/03/2018 Writ Issued Writ with letter. Original and one copy of writ and two copies of opinion mailed to Attorney Tanner L. Sharp for service upon Judge Cynthia Guiliani. Nos. 73198/73272. 18-16867 05/09/2018 Motion Filed Termination of Counsel for Stephanie Stephanie Rozier and Joel Stephanie Rozier. Nos. 73198/73272. 18-17572 05/30/2018 Order/Procedural Filed Order Granting Motion. The clerk shall remove Christopher P. Ford as counsel of record for Stephanie R. and Joey R. Nos. 73198/73272. 18-20547 06/05/2018 Remittitur Issued Notice in Lieu of Remittitur. Nos. 73198/73272 18-21319 06/05/2018 Case Status Update Notice in Lieu of Remittitur Issued/Case Closed. Nos. 73198/73272 07/13/2018 Writ Filed Returned Writ. Writ copy returned. Served on Judge Cynthia N. Guiliani on July 10, 2018. Nos. 73198/73272. 18-26829 Combined Case View