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
(0) 1947A
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tni*
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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•
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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
(0) I947A 3
"'"f-
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
2
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
20-33968
