IN THE SUPREME COURT OF THE STATE OF NEVADA
CHRISTOPHE JORCIN; GOLDY, LLC; No. 81711
CJOG OPERATING COMPANY, LLC, A
NEVADA LIMITED LIABILITY
COMPANY; CJOG AUTO OPERATING
COMPANY, LLC, A NEVADA LIMITED
LIABILITY COMPANY; AND CMJ-OP, FILE
LLC,
Appellants,
APR 0 8 2021
ELIZABETH A. BROWN
vs. CLERK OF SpPREME COURT
,
STACIE ALLEN; AND JANE DOE BY C .1
DEPUTY CLERK
DANCER I-IV, INDIVIDUALLY, AND
ON BEHALF OF CLASS OF
SIMILARLY SITUATED INDIVIDUALS,
Res iondents.
ORDER DISMISSING APPEAL AND REFERRING COUNSEL TO THE
STATE BAR FOR INVESTIGATION
This is an appeal from a final judgment. Eighth Judicial
District Court, Clark County; Joseph Hardy, Jr., Judge.
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
SUPREME COURT
OF
NEVADA
(0) 1947A 44100
State Bar of Nevada for investigation pursuant to SCR 104-105." 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." Cazdey 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. Depet 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. Phillps to the State Bar of
Nevada for investigation pursuant to SCR 104-105. Bar counsel shall,
IA copy of the order imposing conditional sanctions is attached.
2A copy of this notice is attached.
2
:‘ 4.s.Ps Air
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.
-941)1
Parraguirre
Alti6G4-.0 J. , J.
Stiglich Silver
cc: Hon. Joseph Hardy, Jr., District Judge
Brandon L. Phillips, Attorney At Law, PLLC
Brandon L. Phillips
Bighorn Law/Las Vegas
Rusing Lopez & Lizardi, PLLC
Bar Counsel, State Bar of Nevada
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
to) 1947A .00.• 3
It • ,r •
IN THE SUPREME COURT OF THE STATE OF NEVADA
CHRISTOPHE JORCIN; GOLDY, LLC; No. 81711
CJOG OPERATING COMPANY, LLC, A
NEVADA LIMITED LIABILITY
COMPANY; CJOG AUTO OPERATING
COMPANY, LLC, A NEVADA LIMITED
LIABILITY COMPANY; AND CMJ-OP,
FILED
LLC, JAN 0 7 2021
Appellants,
ELIZABETH A. IlltMN
c:130(?4UPREME COURT
e .
STACIE ALLEN; AND JANE DOE
DANCER I-IV, INDIVIDUALLY, AND
ON BEHALF OF CLASS OF
SIMILARLY SITUATED INDIVIDUALS,
Res e ondents.
ORDER CONDITIONALLY IMPOSING SANCTIONS
Because the notice of appeal was not accompanied by a case
appeal statement, on August 31, 2020, and November 9, 2020, this court
issued notices directing appellant's counsel, Brandon L. Phillips, to file the
case appeal statement. NRAP 3(0.1 Additionally, Mr. Phillips failed to file
the docketing statement. See NRAP 14. On November 30, 2020, this court
entered an order granting Mr. Phillips's motion for extension of time and
directing him to file the case appeal statement and docketing statement by
December 3, 2020, and cautioning that failure to comply could result in the
imposition of 98ncti0n3.2 See NRAP 3(a)(2); NRAP 14(c). To date, Mr.
Phillips has not complied or otherwise commuMcated with this court, and
the transcript request form is now overdue.
'Copies of these notices are attached.
2A copy of this order is attached.
SUMAS! Gown
OF
Itiroaa
(o, suu algps.
00110
Mr. Phillips's failure to file the case appeal statement,
transcript request form, and docketing statement warrants the conditional
imposition of sanctions. Mr. Phillips shall pay the sum of $250 to the
Supreme Court Law Library and provide this court with proof of such
payment within 14 days from the date of this order. The conditional
sanction will be automatically vacated if Mr. Phillips files and serves the
case appeal statement, transcript request form, and docketing statement or
a properly supported motion to extend time, see NRAP 26(b)(1)(A); NRAP
14(d), within the same time period.
If the required documents are not timely filed, the sanction will no
longer be conditional and must be paid. Failure to comply with this order
or any other filing deadlines will result in the dismissal of this appeal. See
NRAP 3(a)(2); NRAP 9(a)(7); NRAP 14(c). Further, 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), failure to
comply with this order or any other filing deadlines will also result in Mr.
Phillips's referral to the State Bar of Nevada for investigation pursuant to
SCR 104-105.
It is so ORDERED.
-C:Ltt"r
Parraguirre e
A(14ai..0 , J.
Stiglich Silver
2
cc: Brandon L. Phillips, Attorney At Law, PLLC
Brandon L. Phillips
Bighorn Law/Las Vegas
Rusing Lopez & Lizardi, PLLC
Supreme Court Law Librarian
IN THE SUPREME COURT OF THE STATE OF NEVADA
OFFICE OF THE CLERK
CHRISTOPHE JORCIN; GOLDY, LLC; CJOG Supreme Court No. 81711
OPERATING COMPANY, LLC, A NEVADA District Court Case No. A709521
LIMITED LIABILITY COMPANY; CJOG AUTO
OPERATING COMPANY, LLC, A NEVADA
LIMITED LIABILITY COMPANY; AND CMJ-OP, LLC,
Appellants,
vs.
STACIE ALLEN; AND JANE DOE DANCER I-
IV, INDIVIDUALLY, AND ON BEHALF OF
CLASS OF SIMILARLY SITUATED
INDIVIDUALS,
Res • ondents.
EXEMPTION FROM SETTLEMENT PROGRAM -
NOTICE TO FILE DOCUMENTS
TO: Brandon L. Phillips, Attorney At Law, PLLC 1 Brandon L. Phillips
Bighorn Law/Las Vegas \ Kimball J. Jones
Rusing Lopez & Lizardi, PLLC \Peter A. Sterling
Upon review of this matter, it has been determined that this appeal will not be assigned
to the settlement program. Accordingly, appellant(s) shall have fourteen (14) days from
the date of this notice to comply with NRAP 9(a).
Appellants shall have 120 days from the date of this notice to file and serve the opening
brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP
31(a)(1).
DATE: November 09, 2020
Elizabeth A. Brown, Clerk of Court
By: Sally Williams
Settlement Program Administrative Coordinator
Notification List
Electronic
Brandon L. Phillips, Attorney At Law, PLLC \ Brandon L. Phillips
Bighorn Law/Las Vegas 1 Kimball J. Jones
Rusing Lopez & Lizardi, PLLC \ Peter A. Sterling
20-40889
