MULKERN VS. DIST. CT. (CLARK CTY. DEP'T OF FAMILY SERV.'S)

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Cases Case Search Participant Search 18-40945: 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: 76399 Short Caption: MULKERN VS. DIST. CT. (CLARK CTY. DEP'T OF FAMILY SERV.'S) Court: Supreme Court Lower Court Case(s): Clark Co. - Eighth Judicial District - J324384 Classification: Original Proceeding - Civil - Mandamus/Prohibition 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: How Submitted: + Party Information Role Party Name Represented By Petitioner Amy Mulkern Lorien K. Cole (Willick Law Group) Marshal S. Willick (Willick Law Group) Petitioner Vivian Mulkern Lorien K. Cole (Willick Law Group) Marshal S. Willick (Willick Law Group) Real Party in Interest Ashley Wendtland Todd L. Moody (Hutchison & Steffen, LLC/Las Vegas) Real Party in Interest Baby Girl W. Adrian W. Rosehill (Legal Aid Center of Southern Nevada, Inc.) Real Party in Interest Clark County Department of Family Services Tanner L. Sharp (Clark County District Attorney/Juvenile Division) Real Party in Interest Clark County District Attorney's Office Tanner L. Sharp (Clark County District Attorney/Juvenile Division) Real Party in Interest Kenneth Wendtland Todd L. Moody (Hutchison & Steffen, LLC/Las Vegas) Respondent Frank P. Sullivan 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 07/18/2018 Filing Fee Filing fee paid. E-Payment $250.00 from Marshal S. Willick. 07/18/2018 Petition/Writ Filed Petition for Writ of Mandamus or Prohibition. 18-27342 07/18/2018 Motion Filed Petitioners' Motion to File Appendix Under Seal. 18-27404 07/20/2018 Notice/Incoming Filed Petitioners' Notice of Lower Court Evidentiary Proceedings. 18-27706 07/25/2018 Order/Procedural Filed Order Granting Motion. The clerk shall file the appendix received on July 23, 2018, under seal. 18-28589 07/25/2018 Appendix Filed Appendix to Petition for Writ - Volume 1 (SEALED). 07/25/2018 Appendix Filed Appendix to Petition for Writ - Volume 2 (SEALED). 07/27/2018 Order/Procedural Filed Order Directing Expedited Answer. Real Parties in Interest: Answer due by 4 p.m. on Monday, August 6, 2018. Petitioner shall have until 4 p.m. on Thursday, August 9, 2018, to file a reply to the answer. No extensions of time will be granted. Fn1[All documents shall be filed personally or by facsimile or electronic transmission with the clerk of this court in Carson City.] 18-29023 08/06/2018 Petition/Writ Filed Real Party In Interest Baby Girl W's Answer in Support of Petitioners Amy and Vivian Mulkern's Petition for Writ of Mandamus or Prohibition Filed July 18, 2018. 18-30036 08/06/2018 Petition/Writ Filed Real Party in Interest Kenneth Wendtland and Ashley Wendtland's Answer to Petitioners Amy Mulkern and Vivian Mulkern's Petition for Writ of Mandamus or Prohibition. 18-30095 08/06/2018 Petition/Writ Filed Real Party in Interest Clark County Department of Family Services' Answer To Petition For Writ of Mandamus. 18-30152 08/07/2018 Appendix Filed Real Party in Interest Clark County Department of Family Services' Appendix (Volume II). 18-30184 08/07/2018 Notice/Incoming Filed Receipt of Copy - Answer to Petition for Writ of Mandamus and Appendix (Volume I and II). 18-30209 08/07/2018 Appendix Filed Real Party in Interest Clark County Department of Family Services' Appendix (Volume I). 18-30228 08/09/2018 Notice/Incoming Filed Proof of Service - Acceptance of Service. Petition for Writ and Appendix accepted by District Attorney's Office. 18-30759 08/09/2018 Notice/Incoming Filed Proof of Service - Acceptance of Service. Petition for Writ and Appendix accepted by Legal Aid of Southern Nevada. 18-30760 08/09/2018 Notice/Incoming Filed Proof of Service - Acceptance of Service. Petition for Writ and Appendix accepted by Hutchison & Steffen. 18-30761 08/09/2018 Petition/Writ Filed Petitioner's Reply Brief to the Answers to Writ of Mandamus or Prohibition. 18-30771 08/09/2018 Notice/Incoming Filed Proof of Service - Acceptance of Service. Petition for Writ and Appendix accepted by Division of Child & Family Services. 18-30772 08/14/2018 Motion Filed Petitioner's Motion to File Supplemental Appendix Under Seal. 18-31280 08/16/2018 Order/Dispositional Filed Order Granting Petition in Part and Denying in Part Petition for Writ of Mandamus or Prohibition. "ORDER the petition GRANTED IN PART AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the district court to apply the rebuttable sibling presumption under NRS 432B.550(5) in determining the placement of Baby Girl W. All other requested relief is DENIED as not warranting our extraordinary intervention at this time." fn1 [Amy and Vivian's motion to file under seal a supplement to volume II of the appendix, containing a transcript of the district court hearing that resulted in the challenged order, is granted. SRCR 3(4)(b), (7). The clerk of this court shall file, under seal, the supplemental appendix provisionally received in this court on August 14, 2018.] NNP18-KP/MG/JH. 18-31801 08/16/2018 Appendix Filed Appellant's Supplemental Appendix Volume 2 (SEALED). 08/16/2018 Writ Issued Writ with letter. Original and one copy of writ and copy of mailed to for service upon Judge Frank P. Sullivan. 18-31843 08/21/2018 Notice/Incoming Filed Petitioners' Acceptance of Service (Motion to File Supplemental Appendix Under Seal accepted by Kelly Mann). 18-32497 08/21/2018 Notice/Incoming Filed Petitioners' Acceptance of Service (Motion to File Supplemental Appendix Under Seal accepted by Todd L. Moody). 18-32501 08/21/2018 Notice/Incoming Filed Petitioners' Acceptance of Service (Motion to File Supplemental Appendix Under Seal accepted by Elena Thomas). 18-32504 08/21/2018 Motion Filed Petitioners' Motion to Publish as an Opinion the Order Granting in Part and Denying in Part Petition for Writ of Mandamus or Prohibition Filed August 16, 2018. 18-32521 08/22/2018 Notice/Incoming Filed Petitioners' Acceptance of Service (Motion to File Supplemental Appendix Under Seal accepted by LaQuisha McCray). 18-32668 08/23/2018 Notice/Incoming Filed Petitioners' Proof of Service (Writ of Mandamus and Order Granting in Part and Denying in Part Petition for Writ of Mandamus or Prohibition delivered to Judge Frank P. Sullivan). 18-32988 08/27/2018 Writ Filed Returned Writ. Original Writ returned. Served on Judge Frank P. Sullivan on August 21, 2018. 18-33500 10/18/2018 Opinion/Non-Dispositional Filed Per Curiam Opinion. "Petition granted in part." Before: Pickering/Gibbons/Hardesty. Majority: Pickering/Gibbons/Hardesty. 134 Nev. Adv. Opn. No. 82. NNP18-KP/MG/JH 18-40945 11/13/2018 Remittitur Issued Notice in Lieu/Rehearing. (SC) 18-903844 11/13/2018 Case Status Update Notice in Lieu of Remittitur Issued/Case Closed. (SC) Combined Case View