JORCIN LLC LLC LLC CMJ OP LLC v. ALLEN IV (2021)

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

On January 7, 2021, this court issued an order conditionally imposing sanctions against appellants’ attorney, Brandon Phillips, for his failure to file the case appeal statement, transcript request form, and docketing statement. In response to this order, Mr. Phillips filed the missing documents, although the docketing statement was filed one day late, and the conditional sanctions were automatically vacated.

However, the order imposing conditional sanctions cautioned Mr. Phillips that “failure to comply with ․ any other filing deadlines will result in the dismissal of this appeal ․ and in Mr. Phillips's referral to the State Bar of Nevada for investigation pursuant to SCR 104-105.”¹ Pursuant to this court's November 9, 2020, notice, the opening brief and appendix were due to be filed on or before March 9, 2021.² To date, Mr. Phillips has failed to file the opening brief and appendix, or to otherwise communicate with this court.

We have repeatedly stated that we expect all appeals to be “pursued in a manner meeting high standards of diligence, professionalism, and competence.” Cuzdey v. State, 103 Nev. 575, 578, 747 P.2d 233, 235 (1987); accord Polk v. State, 126 Nev. 180, 184, 233 P.3d 357, 359 (2010); Barry v. Lindner, 119 Nev. 661, 671, 81 P.3d 537, 543 (2003); State, Nev. Emp't Sec. Dep't v. Weber, 100 Nev. 121, 123, 676 P.2d 1318, 1319 (1984). It is incumbent upon Mr. Phillips, as part of his professional obligations of competence and diligence to his clients, to know and comply with all applicable court rules. See RPC 1.1; RPC 1.3. These rules have been implemented to promote cost-effective, timely access to the courts; it is “imperative” that he follow these rules and timely comply with our directives. Weddell v. Stewart, 127 Nev. 645, 650, 261 P.3d 1080, 1084 (2011). Mr. Phillips is “not at liberty to disobey notices, orders, or any other directives issued by this court.” Id. at 652, 261 P.3d at 1085. Accordingly, we dismiss this appeal. NRAP 31(d).

Finally, because it appears that Mr. Phillips's conduct in this appeal may constitute violations of RPC 1.3 (diligence), 3.2(a) (expediting litigation), and 8.4 (misconduct), we refer Mr. Phillips to the State Bar of Nevada for investigation pursuant to SCR 104-105. Bar counsel shall, within 90 days of the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter.

It is so ORDERED.

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FOOTNOTES

1.   A copy of the order imposing conditional sanctions is attached.

2.   A copy of this notice is attached.