Bonvouloir v. Sands Expo & Convention Ctr., Inc. ( 2015 )


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  •                 and appendix on May 19, June 18, and July 20, 2015. The court's July 24,
    2015, order granting a third extension of time directed Sterling to file the
    opening brief and appendix on or before August 3, 2015. On August 3,
    2015, Sterling filed a motion for a fourth extension of time. In his motion,
    Sterling represented that the opening brief and appendix would be ready
    for filing on August 4, 2015. By August 7, 2015, Sterling had not
    submitted the opening brief and appendix for filing, nor had he otherwise
    communicated with this court. Accordingly, on August 7, 2015, this court
    issued an order directing Sterling to file the opening brief and appendix by
    August 10, 2015. The order stated that the court is not inclined to grant
    any further extensions of time, and cautioned Sterling that failure to
    comply may result in the imposition of sanctions, including dismissal of
    the appeal. On August 10, 2015, Sterling filed a partial appendix, but no
    opening brief. On August 17, 2015, Sterling filed a motion for a fifth
    extension of time and submitted the opening brief and remainder of the
    appendix for filing.
    Respondents in Docket No. 66211 have filed a motion to
    dismiss the appeal in Docket No. 66211 based on Sterling's failure to abide
    by this court's rules and orders. Sterling opposes the motion, contending
    that he has shown good cause, in his untimely motion for a fifth extension
    of time, for this court to grant the motion and file the late-submitted brief
    and appendix. Respondents have filed a reply. Cause appearing, we grant
    respondents' motion. See Huckabay Props., Inc. v. NC Auto Parts, LLC,
    130 Nev. Adv. Op. 23, 
    322 P.3d 429
    , 434-36 (2014) (addressing the failure
    to follow court rules in declining to reconsider an order dismissing
    consolidated appeals based on such failure). The appeal in Docket No.
    66211 is hereby dismissed. The clerk of this court shall return, unfiled,
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    OF
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    the opening brief and volume 4 of the appendix received in E-flex on
    August 17, 2015. Appellants in Docket No. 67091 shall have 45 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).
    Failure to comply may result in the imposition of sanctions.
    It is so ORDERED.
    eLatekr°•"•7j.
    Parraguirre
    Douglas
    J
    Cherry
    C e--
    6017--
    cc:   Hon. Michelle Leavitt, District Judge
    Janet Trost, Settlement Judge
    Sterling Law, LLC
    Nettles Law Firm
    Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas
    Messner Reeves LLP
    Eighth District Court Clerk
    SUPREME COUFtT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 66211

Filed Date: 9/14/2015

Precedential Status: Non-Precedential

Modified Date: 9/15/2015