Lathigee Vs. Loew

IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL LATHIGEE, No. 81384 Appellant, VS. FILED ADAM LOEW, AN INDIVIDUAL, Respondent. JAN 2 5 2021 ELIZABETH A_ BROWN CLERK OF SUPREME COURT By DEPUTY CLERK 41"

ORDER DISMISSING APPEAL AND REFERRING COUNSEL TO STATE BAR

This is an appeal from a postjudgment order awarding attorney fees and costs. Eighth Judicial District Court, Clark County; Cristina D. Silva, Judge. On November 9, 2020, this court entered an order conditionally imposing sanctions on counsel for appellant, James R. Adams, for his continued failure to file the transcript request form, docketing statement, and opening brief and appendix. The order directed counsel to comply within 14 days. On November 23, 2020, Adams filed a motion for an extension of time to file the docketing statement and opening brief. He also filed a transcript request form, which was rejected by the clerk of this court because it did not include a file-stamped copy of the transcript request filed in the district court and did not have a certificate of service. See NRAP 9. The clerk's notice rejecting the transcript request form directed Adams to file a motion for an extension of time to file an untimely transcript request form in order to comply with NRAP 9(a). On November 25, 2020, this court

'A copy of the order is attached. SUPREME Cowl' OF NEVADA

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granted Adams's motion for an extension of time to file the docketing statement and opening brief and appendix. The order cautioned Adams that failure to timely file the documents could result in the imposition of sanctions, including dismissal of this appeal. The documents were due by December 23, 2020. To date, none of the required documents, including a motion for an extension of time to file the transcript request form, have been filed, and counsel has made no attempt to communicate with this court. We have repeatedly stated that we expect all appeals to be 4i 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. Ernp it Sec. Dep't v. Weber, 100 Nev. 121, 123, 676 P.2d 1318, 1319 (1984). It is incumbent upon Mr. Adams, 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. Adams is "not at liberty to disobey notices, orders, or any other directives issued by this court." Id. at 261 P.3d at 1085. Accordingly, we dismiss this appeal. NRAP 31(d). Finally, because it appears that Mr. Adams'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. Adams to the State Bar of Nevada for investigation pursuant to SCR 104-105. Bar counsel shall,

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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.

J. Cadish

%dem J. Pickering

(74. J. Herndon

cc: Hon. Cristina D. Silva, District Judge Lansford W. Levitt, Settlement Judge Adams Law Group James Adams Procopio, Cory, Hargreaves & Savitch LLP/Las Vegas Bar Counsel, State Bar of Nevada Supreme Court Law Librarian Eighth District Court Clerk

Sumesie Com. OF NEVAIIA

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IN THE'. SUPREME 63URTO'F THE STATE OF NEVADA

MICHAEL LATHIPEE; • No. 81384 Appellant, vs. FILED ADAM LOEW; AN INDIVIDUAL; Respondent. NOV 9 MO

OMR CONINTIONAL4Y4MOSING SANCTIONS On july 1, 2020, thiS-court issued a notice directing ippellant to file• the docketing statement by, July 22; -2020. øïi July_ 20, 2010,, this: court entered. an order removing this appeal from the settleMent program and reinstating briefing, That order directed Appellant tO Wa transcript re4uést form hy August 3, 2020; an‘ the opening brief ,and appendile by OCtober 19, 2020. When.appellent failed to: file,the transcript lecluest form •

and docketing statement, this court itsued a neticotin September 15, 2020,- diredting 4014* to file these dOcuMents by SeliteMber 15, 4020 appellant has failed to file the. transcript reqUest forni; -the .dotlieting statement; and :the opening, brief s and• • Jappendix, or tu otherwitie communicate With this Court. The failure to file the doCuments inLcompliance With the courCS prOcedUral rules and the notites and: orders issued in this matter*arrants the conditidnat imposition of sanctions against appellant* counsel; JaMes R. Adams, Accordingly; Mr. Adams shill, Within14 dot frOm the dale of thiS rerder, pay the suM of $250 to. the Supreine COOrt Law Lihraty and

IA copy of this notice is attached.

provide this court with proof of such payment. However, these sanctions. shall be automatically-vacatedif Mr. Adams files and serves the transcript request form, the docketing statement, and the openinebrief and appendix or, alternativly, a motion to extend time; within the same time perind. If the required documents are not timely filedc the Sanction will no longer be conditibnal and must be paid. Failure to comPly with this-order •or any other filing deadlines will result in the distnissal.of this appeal. See NRAP 94)(7); NRAP 14(c); NRAP 31(1). Further, because *it appears that Mr. Adams's conduct in this appeal may constitute violations of ITC 1.3 (diligence), 3.2(a) (expediting litigation), -and 8.4 (misconduct), failure to •complÿ with this order or any other filing-deadlines inay also result in Mr. Adams's referral to the State Bar of Nevada fór investigation pursuant to SCR 104-105. It is so ORDERED.

Hardesty •

J. Cadish

cc: Admin.) Law Group James R. Adams Procopi% Cory, Hargreaves & Savitch LLPiLaa Vegas Supreme Court Law Librarian

IN THE SUPREME COURT OF "ME STATE OF NEVADA OFFICE OF THE CLERK

MICHAEL LATHIGEE, Supreme Court No. 81384 Appellant, District Court Case No. A768984 vs. ADAM LOEW. AN INDIVIDUAL, Respondent..

NOTICE TO FILE DOCKETING STATEMENT AND REQUEST TRANSCRIPTS

TO: Adams Law Group %James R. Adams

To date, appellant has not filed the Docketing Statement and the Transcript Request Form in this appeal. NRAP 14(b); NRAP 9(a).

Please file and serve the Docketing Statement-and either- a Transcript Request Form or, alternatively, a certificate that preriaratiorvof transchpts is notrequested Within"10 days from the date of this notice. See NRAP 10(b): NRAP 30 (b)(1). Failuni to'file,a Docketing Statement or the.appropriate transcript document marresult in theimposition of sanctions including the dismissal of !his appeal. See NRAP 9(0(7); NRAP 14(c).

DATE: September 15. 2020 Elizabeth A. Brown, Clerk of Court

By::Sandy Young Deputy Clerk

Notification List Electronic Adams Law Group %James R. Adams Procopio, Cory, Hargreaves & Savitch LLP/Las Vegas G. Lance Cobum Procopio, Cory, Hargreaves & Savitch LLP/Las Vegas 1Jeffery A. Garofalo

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