1916 HIGHLAND PROPERTIES LTD RG v. DEPARTMENT OF TRANSPORTATION (2019)

ORDER DISMISSING APPEAL

On August 8, 2019, this court entered an order imposing conditional sanctions against appellants’ counsel, Amy Sugden and Brian Padgett, for failure to file the transcript request form, and the opening brief and appendix. The order directed Ms. Sugden and Mr. Padgett to file and serve the transcript request form, and opening brief and appendix, or a motion for extension of time, by August 22, 2019. If Ms. Sugden and/or Mr. Padgett timely filed these documents, the monetary sanction imposed would be automatically vacated. The order cautioned that failure to comply could result in further sanctions, including the dismissal of this appeal.¹

On August 14, 2019, appellants’ counsel filed a notice of substitution indicating that Ms. Sugden would continue to represent appellants, and that Mr. Padgett would no longer be counsel of record. On that same date, Ms. Sugden filed the transcript request form. However, to date, Ms. Sugden has failed to file the opening brief and appendix, or to otherwise communicate with this court. Accordingly, this appeal is dismissed.

Additionally, the monetary sanction in this court's August 8, 2019, order is no longer conditional and must be paid. Ms. Sugden shall have 14 days from the date of this order to pay the sum of $250 to the Supreme Court Law Library and provide this court with proof of such payment.² Failure to comply will result in Ms. Sugden's referral to the State Bar of Nevada for investigation pursuant to SCR 104-105.

It is so ORDERED.

Attachment

FOOTNOTES

1.   A copy of this order is attached.

2.   As Mr. Padgett is no longer counsel of record for appellants, the conditional sanction imposed against him is vacated.