DUSTIN SIMPSON INDIVIDUALLY v. DEREK STEVENS AN INDIVIDUAL CIRCA HOSPITALITY GROUP HI LLC CIRCA RESORTS LLC CIRCA RESORT CASINO CIRCA HOSPITALITY GROUP LLC CIRCA HOSPITALITY GROUP LLC AND CIRCA HOSPITALITY GROUP II LLC (2025)

ORDER DISMISSING APPEAL

This is an appeal from a district court order granting a motion to strike appellant's second amended complaint and quashing service of that complaint. Eighth Judicial District Court, Clark County; Timothy C. Williams, Judge.

Respondents have filed a motion to dismiss this appeal for lack of jurisdiction, arguing that the challenged order is not a final appealable judgment. Appellant did not file a response or opposition to respondents’ motion. As respondents point out, the district court order did not dismiss appellant's action or resolve any claims. This court “may only consider appeals authorized by statute or court rule.” Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013). The May 12, 2025, district court order challenged by appellant is not appealable as a final judgment under NRAP 3A(b)(1) because appellant's claims against respondents remain pending in the district court. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment as one “that disposes of all the issues presented in the case and leaves nothing for the future consideration of the court, except for post-judgment issues such as attorney's fees and costs”). No other rule or statute allows an appeal from the challenged order. Additionally, this court has generally recognized that failure to oppose a motion may constitute a concession that the motion is meritorious. See Spencer v. Klementi, 136 Nev. 325, 334-35, 466 P.3d 1241, 1249 (2020). This court lacks jurisdiction. Respondents’ motion is granted and this court

ORDERS this appeal DISMISSED.

Pickering, J.

Cadish, J.

Lee, J.