1209 Village Walk Trust, LLC v. U.S. Bank Nat'l Ass'n
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
1209 VILLAGE WALK TRUST, LLC, A No. 71859 NEVADA LIMITED LIABILITY
COMPANY,
Appellant, vs.
U.S. BANK NATIONAL ASSOCIATION,
FILED AS TRUSTEE RELATING TO CHEVY MAY 0 8 2017 CHASE FUNDING LLC MORTGAGE pjzallErn A. EROV.. .N 8CLEPa F SUPRENia" , COURT BACKED CERTIFICATES SERIES
2006-3, A NATIONAL ASSOCIATION, DEPLI=64 41.44— Resnon.dent.
ORDER DISMISSING APPEAL AND REFERRING COUNSEL TO STATE BAR FOR INVESTIGATION
On December 19, 2016, the clerk of this court issued a notice directing appellant to file and serve the docketing statement by January 9, 2017." On December 20, 2016, the clerk issued a notice directing appellant to request transcripts in compliance with NRAP 9(a) by January 4, 2017, and to file and serve the opening brief and appendix by April 19, 2017. 2 When appellant failed to file the transcript request form and docketing statement, on January 27, 2017, the clerk issued notices directing appellant to file and serve a transcript request form, or certificate of no transcript, and the docketing statement by February 10, 2017, or face sanctions. 3 Appellant failed to comply Thus, on March 6, 2017, we entered an order conditionally imposing sanctions on counsel for
'A copy of this notice is attached.
2 A copy of this notice is attached.
3 A copy of these notices are attached.
SUPREME COURT
OF
NEVADA
(0) 1947A appellant, Steven T. Loizzi, Jr. 4 We directed Mr. Loizzi to pay $250 to the Supreme Court Law Library and provide this court with proof of payment by March 21, 2017. The sanction would be automatically vacated if Mr. Loizzi filed and served the transcript request form, or certificate that no transcripts were to be requested, and the docketing statement by March 17, 2017. We cautioned that failure to comply would result in the dismissal of this appeal and the referral of Mr. Loizzi to the State Bar of Nevada for investigation pursuant to SCR 104-105 for violations of RPC 1.3 (diligence), RPC 3.2(a) (expediting litigation), and RPC 8.4 (misconduct).
To date, Mr. Loizzi has not filed the required documents, requested an extension of time, paid the sanction, or otherwise communicated with this court. Additionally, the opening brief and appendix are now overdue. Accordingly, the sanction imposed in our March 6, 2017, order is now due. Mr. Loizzi shall have 11 days from the date of this order to pay the sum of $250 to the Supreme Court Law Library and provide this court written proof of payment. We dismiss this appeal and refer Mr. Loizzi to the State Bar of Nevada for investigation. It is so ORDERED.
J. Gibbons Pickering
4A copy of this order is attached.
SUPREME COURT
OF
NEVADA (0) 1947A cc: Hon. Valerie Adair, District Judge HOA Lawyers Group, LLC
Zieve, Brodnax & Steele, LLP
Eighth District Court Clerk
Steven T. Loizzi
Supreme Court Law Librarian
Stan Hunterton, Bar Counsel
SUPREME COURT
OF
NEVADA
(0) 1947A 41BAra, 3 VS.
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE RELATING TO CHEVY CHASE
FUNDING LLC MORTGAGE BACKED
CERTIFICATES SERIES 2006-3, A
NATIONAL ASSOCIATION,
Respondent.
NOTICE OF REFERRAL TO SETTLEMENT PROGRAM AND SUSPENSION
OF RULES
TO: Zieve, Brodnax & Steele, LLP \Sherry A. Moore, Benjamin D. Petiprin Alessi & Koenig, LLC \Steven T. Loizzi, Jr.
This notice is to inform you that this appeal may be assigned to the court's Settlement Program. See NRAP 16(a). The issuance of this notice automatically stays the time for filing a request for transcripts under NRAP 9, and for filing briefs under NRAP 31. See NRAP 16(a)(1).
The docketing statement must be filed and served within 20 days of the date of this notice. This timeline is not stayed by this notice.
DATE: December 19, 2016
Elizabeth A. Brown, Clerk of Court
By: Sally Williams
Deputy Clerk
Notification List
Electronic
Alessi & Koenig, LLC \Steven T. Loizzi, Jr.
Zieve, Brodnax & Steele, LLP \Benjamin D. Petiprin
Paper
VS.
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE RELATING TO CHEW CHASE
FUNDING LLC MORTGAGE BACKED
CERTIFICATES SERIES 2006-3, A
NATIONAL ASSOCIATION,
Respondent.
EXEMPTION FROM SETTLEMENT PROGRAM -
NOTICE TO FILE DOCUMENTS
TO: Alessi & Koenig, LLC \Steven T. Loizzi, Jr.
Zieve, Brodnax & Steele, LLP \Sherry A. Moore
Zieve, Brodnax & Steele, LLP \Benjamin D. Petiprin
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 fifteen (15) 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: December 20, 2016
Elizabeth A. Brown, Clerk of Court
By: Sally Williams
Deputy Clerk
Notification List
Electronic
Alessi & Koenig, LLC 1Steven T. Loizzi, Jr.
Zieve, Brodnax & Steele, LLP \Benjamin D. Petiprin
Paper vs.
US. BANK NATIONAL ASSOCIATION, AS
TRUSTEE RELATING TO CHEW CHASE
FUNDING LLC MORTGAGE BACKED
CERTIFICATES SERIES 2006-3, A
NATIONAL ASSOCIATION,
ReslOondent.
NOTICE TO FILE DOCKETING STATEMENT
TO: HOA Lawyers Group, LLC \Steven T. Loizzi, Jr.
To date, appellant has not filed the docketing statement in this appeal. NRAP 14(b).
Appellant(s) shall file a docketing statement with the Clerk of the Supreme Court within days of the date of this notice. See NRAP 14. Failure to file a docketing statement may result in the imposition of sanctions, including the dismissal of this appeal. NRAP 14(c).
DATE: January 27, 2017
Elizabeth A. Brown, Clerk of Court
By: Amanda Ingersoll
Chief Deputy Clerk
Notification List
Electronic
HOA Lawyers Group, LLC \Steven T. Loizzi, Jr.
Zieve, Brodnax & Steele, LLP \Benjamin D. Petiprin
Paper
Zieve, Brodnax & Steele, LLP \Sherry A. Moore
Steven D. Grierson, Eighth District Court Clerk vs.
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE RELATING TO CHEW CHASE
FUNDING LLC MORTGAGE BACKED
CERTIFICATES SERIES 2006-3, A
NATIONAL ASSOCIATION,
Respondent.
NOTICE TO REQUEST TRANSCRIPTS
TO: HOA Lawyers Group, LLC \ Steven T. Loizzi, Jr.
To date, appellant has failed to request transcripts in this appeal. Please file and serve a Transcript Request Form or, alternatively, a certificate that preparation of transcripts is not requested within 10 days from the date of this notice. See NRAP 10(b); NRAP 30(b)(1). Failure to request transcripts in compliance with NRAP 9 may result in the imposition of sanctions, including dismissal of this appeal. See NRAP 9(a)(7).
DATE: January 27, 2017
Elizabeth A. Brown, Clerk of Court
By: Amanda Ingersoll
Chief Deputy Clerk
Notification List
Electronic
HOA Lawyers Group, LLC 1 Steven T. Loizzi, Jr.
Zieve, Brodnax & Steele, LLP \ Benjamin D. Petiprin
Paper
Zieve, Brodnax & Steele, LLP \Sherry A. Moore
Steven D. Grierson, Eighth District Court Clerk
1209 VILLAGE WALK TRUST, LLC, A No. 71859 NEVADA LIMITED LIABILITY
COMPANY,
Appellant, vs. FILED U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE RELATING TO CHEVY MAR 06 2017 CHASE FUNDING LLC MORTGAGE BLIZABETH A. BROWN CLERK OF .314PREME COURT BACKED CERTIFICATES SERIES
DEPUTY CLERK 2006-3, A NATIONAL ASSOCIATION,
Respondent.
ORDER CONDITIONALLY IMPOSING SANCTIONS On December 19, 2016, the clerk of this court issued a notice directing appellant to file and serve the docketing statement by January 9, 2017. 1 On December 20, 2016, the clerk issued a . notice directing appellant to request transcripts in compliance with NRAP 9(a) by January 4, 2017. 2 When appellant-failed to comply with both notices, on January 27, 2017, the clerk issued notices directing appellant to file and serve the docketing statement and request transcripts in compliance with NRAP 9 by February 10, 2017, or face sanctions. 3 To date, appellant has failed to file the required-documents or otherwise communicate with this court. We conclude that the failure of appellant's counsel, Steven T. Loizzi, Jr., to file the docketing statement and transcript request form
IA copy of this notice is attached.
2 A copy of this notice is attached.
3 Copies of these notices are attached.
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1947A /7-0 152$ warrants the conditional imposition of sanctions, Mr. Loizzi shall pay the sum of $250 to the Supreme Court Law Library and provide this court with proof of such payment within 16 days from the date of this order. The conditional sanction will be automatically vacated if counsel files and serves the docketing statement and transcript request form, or a certificate that no transcript is to be requested, within 11 days from the date of this order. See NRAP 14; NRAP 9(a). lithe 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 may reault in the dismissal of this appeal. Further, because it appears that his 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 may also result in the referral of Mr. Loizzi to the State Bar of Nevada for investigation pursuant to SCR 104-106, It is so ORDERED.
Douglas
GibboKs Pickering cc: HOA Lawyers Qroup, LLC
Zieve, Brodnax & Steele, LLP
Steven T. Loizzi
Supreme Court Law Library
SUPREME COURT
OF
NEVADA
(0) 1947A aiRpp, 2
Case-law data current through September 30, 2026. Source: CourtListener bulk data.