HAYASHI LV LLC LV LLC ST612E LLC v. SHIGETA LLC LLC (2021)

ORDER DISMISSING APPEAL AND REFERRING COUNSEL TO THE STATE BAR OF NEVADA FOR INVESTIGATION

On January 28, 2021, this court entered an order reinstating appeal and conditionally imposing sanctions against attorney Steven H. Burke, of the Law Office of Steven H. Burke, D/B/A The 808 Firm, counsel for appellants, for his failure to file the docketing statement.¹ We directed Mr. Burke to pay the $250 conditional sanction within 14 days and informed him that the sanction would be automatically vacated if he filed the corrected docketing statement or a motion for extension of time by February 11, 2021. Mr. Burke was cautioned that failure to comply with our order or other filing deadlines could result in the dismissal of this appeal. We further cautioned that failure to comply could result in Mr. Burke's referral to the State Bar of Nevada for investigation pursuant to SCR 104-105 for violations of RPC 1.3(diligence), 3.2(a) (expediting litigation), and 8.4 (misconduct). To date Mr. Burke has not complied with the January 28, 2021, order.

Accordingly, we dismiss this appeal and we refer Mr. Burke to the State Bar of Nevada for investigation. Further, the sanction is no longer conditional and must be paid. Mr. Burke shall have 7 days from the date of this order to pay $250 to the Supreme Court Law Library and provide the clerk of this court with proof of such payment.

It is so ORDERED.

Attachment

FOOTNOTES

1.   A copy of the order is attached.