CASTILLO v. WESTERN RANGE ASSOCIATION (2024)

ORDER DISMISSING MATTER

This matter involves a legal question certified to this court by the United States District Court for the District of Nevada pursuant to NRAP 5. This court accepted the certified question on February 10, 2023. On February 5, 2024, respondent filed a notice of suggestion of death informing this court that appellant had died on July 11, 2023. On February 12, 2024, this court entered an order holding this original proceeding in abeyance until the Federal District Court determined whether the underlying action would proceed.

On September 9, 2024, respondent filed a motion to dismiss and for imposition of sanctions against appellant's counsel. In the motion, respondent represents that on August 22, 2024, the Federal District Court dismissed the underlying action for failure to substitute a successor or representative on behalf of the decedent. We grant respondent's motion to dismiss but deny the request for sanctions against appellant's counsel. Accordingly, we

ORDER this matter DISMISSED.¹

FOOTNOTES

1.   In light of our order, we deny respondent's motion for leave to exceed the page limitation for its reply in support of the motion to dismiss the appeal and for sanctions against appellant's counsel filed on September 30, 2024.