IN RE: DISCIPLINE OF Gabriel A. GINAPP (2018)

ORDER DISMISSING CASE

This is an automatic review of a Southern Nevada Disciplinary Board hearing panel's recommendation that attorney Gabriel A. Ginapp be disbarred for violating RPC 1.8 (conflict of interest: current clients: specific rules), RPC 8.1 (bar admission and disciplinary matters), and RPC 8.4 (misconduct).

The State Bar filed a complaint against Ginapp alleging the above-mentioned rule violations. Ginapp did not answer the complaint and did not appear at the disciplinary hearing or otherwise participate in the disciplinary proceedings. A default was entered against him, and the hearing panel entered a written decision recommending disbarment. Ginapp then filed a brief in this court challenging the evidence supporting the rule violations and the hearing panel's recommended discipline and asking that the default be set aside.

On October 24, 2107, we ordered a limited remand to allow Ginapp to pursue a motion to set aside the default before the panel chair in the first instance and directed the parties to provide this court with status reports. We have since received status reports from Ginapp and the State Bar indicating that the default and, so, the hearing panel's original recommendation have been set aside and a formal disciplinary hearing has been set for February 13, 2018, at which time the parties expect to resolve the matter by a conditional guilty plea. In light of this information, we dismiss this matter without prejudice.

It is so ORDERED.¹

FOOTNOTES

1.   This order constitutes our final disposition of this matter. Any further proceedings involving Ginapp shall be docketed as a new matter.