IN THE SUPREME COURT OF THE STATE OF NEVADA

BIJAN LAGHAEI, No. 72449 Appellant, vs. FEDERAL HOME LOAN MORTGAGE CORPORATION, FILED Respondent.

NOV 0 9 2017 ELIZABETH A. BROWN CLERKpF BI4PREME COURT •y BY DEPUTY WES-

ORDER DISMISSING APPEAL This is an appeal from a district court order dismissing a cross- complaint. Second Judicial District Court, Washoe County; Elliott A.

Sather, Judge.

When our initial review of the docketing statement and documents before this court indicated that the notice of appeal may have been prematurely filed prior to the resolution of a timely tolling motion, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. See NRAP 4(a)(6); AA Primo Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1194-95 (2010). Appellant failed to respond, and on September 26, 2017, we entered an order directing

SUPREME COURT OF NEVADA «1) 194Th e / 7- 32 70(9 appellant to file a response by October 11, 2017. To date, appellant has not filed a response or otherwise communicated with this court.

It appears that the tolling motion remains pending in the district court. Thus, the notice of appeal was prematurely filed and we lack jurisdiction over this appeal. Accordingly, we ORDER this appeal DISMISSED.

Douglas ° Br(' Gibbons Pickering

CC: Hon. Elliott A. Sattler, District Judge David Wasick, Settlement Judge Terry J. Thomas Malcolm Cisneros Washoe District Court Clerk

SUPREME COURT OF NEVADA

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