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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, SUPREME COURT OF NEVADA 2 (0) 1947A 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