IN THE SUPREME COURT OF THE STATE OF NEVADA

1916 HIGHLAND PROPERTIES, LTD., No. 78370 A NEVADA LIMITED PARTNERSHIP; AND RG HIGHLAND ENTERPRISES, INC., A NEVADA CORPORATION, D/B/A HIGHLAND MEDICAL, Appellants, FILED vs. THE STATE OF NEVADA DEPARTMENT OF TRANSPORTATION,

ORDER DISMISSING APPEAL On August 8, 2019, this court entered an order imposing conditional sanctions against appellants counsel, Amy Sugden and Brian Padgett, for failure to file the transcript request form, and the opening brief and appendix. The order directed Ms. Sugden and Mr. Padgett to file and serve the transcript request form, and opening brief and appendix, or a motion for extension of time, by August 22, 2019. If Ms. Sugden and/or Mr. Padgett timely filed these documents, the monetary sanction imposed would be automatically vacated. The order cautioned that failure to comply could result in further sanctions, including the dismissal of this appeal.1 On August 14, 2019, appellant& counsel filed a notice of substitution indicating that Ms. Sugden would continue to represent appellants, and that Mr. Padgett would no longer be counsel of record. On that same date, Ms. Sugden filed the transcript request form. However, to date, Ms. Sugden has failed to file the opening brief and appendix, or to

'A copy of this order is attached.

let,sen37 otherwise communicate with this court. Accordingly, this appeal is dismissed.

Additionally, the monetary sanction in this court's August 8, 2019, order is no longer conditional and must be paid. Ms. Sugden shall have 14 days from the date of this order to pay the sum of $250 to the Supreme Court Law Library and provide this court with proof of such payment.2 Failure to comply will result in Ms. Sugden's referral to the State Bar of Nevada for investigation pursuant to SCR 104-105.

It is so ORDERED.

Pieku J.

Pickering

, J.

Parraguirre Cadish

cc: Hon. Susan Johnson, District Judge Persi Mishel, Settlement Judge Amy L. Sugden Attorney General/Carson City Attorney General/Transportation Division/Las Vegas Eighth District Court Clerk

2As Mr. Padgett is no longer counsel of record for appellants, the conditional sanction imposed against him is vacated.

SUPREME COURT OF NEVADA

(0) 1947A 440/4.

16 HIGHLAND PROpiERTIES, LTD., ADA LIMITED ,I,-ARTNERSHIP; AND RG HIGHLAND SITERPRISES, .A NEVADA COAPCMATION, flfiÀHIGHLAND MEDIoAL, Appellants, vs. THE STATE OF 4VADA . DEPARTMENT:.

TRANSPORTATION,

ORDER REGARDING OOUNSEL AND CONDITIONALL IMPOSINEWANOTIONS The 'fake of appyal was filed in the district-court 91i.

2019, by attorney, Amy Sugden of the Law OfficesifBrian C. Pad ofte _ appeal statement filed in conjunctiOn with tbe ndice o Ogden and Mr. Padgett as counsel of recor4for appellants Atcordinglyv b:oth were listed as coise1 of record for appellants on,tuB çinirts docket It Appears that Ma Stigden is .nolonger. as**i0tect-ViOl,.t Nv: .ciffitta...ot $174an,C. Padgett, and the attorneys are in diSagreement as to who is counsel -,i)friecrd for appellants. However, neither attorney ha flled a proper Motion to ithdrapi to substitute counsel,. Therefore, both Ms. Sugden and Mr. Padgett 11einain as counsel of record for appellints in this that no transcripts are to be requested by May 12 2019.k NRAPS(a). When counsel failed to comply, on July 10, 2019, this cotirt again dire 4.27, e a transcript request form or certificate that no transcri is request,ed ..'WJtily 24, 2019.2 To'date appellant& counsel, Ms. Sugden and-M*Itadgett, have not filed the required documents. Additiona.11y, the openiixgbf and dix are now overdue.

Appellant& failure to file the transcript request forni)' ,ng brief and appendix in compliance with this coures proceau, e orders issued in this matter warrants the conditional jail qi ctions Accoidingly, Ms. Sugden and Mr. Padgett shall,Iigiins, om the date of this order, each pay the stun of $250 to the Stpre Library and provide this court with proof of such pa sese sanctions shall be automatically vacated if Ms. Sugden ett files •and serves the transcript request form and the openin_ odd appendix or, alternatively, a motion to extend time, wit ie riod.3 If the required 'documents are not timely filed, the aai '. 40111 no longer be conditional and must be paid. Further, because ital) at Ms. Sugden's and Mr. Padgett's conduct in this appeal may_constit tions of RPC 1.3 (diligence), 3.2(a) (expediting litigation); .Asconduct), failure to comply with this order or any othek day result in Ms. Sugden's and Mr., Padgett's referral to the

c.ppy,of this order is attached. icoPy of thiS order is attaChed.

'3AnY motien;ifer extension• of time shall explain the reason,. . ely max:mei' tants' failure ...t9 file the missing documents in a tun set forth suffident cause forthe requested extension of time,

TA' I Nevada for investigation Puratiant s,og 104-.195,- an thia4

Parraguirre

AttOneY Gener ansportation Division/Las Vegas Suliteme CourtÏaw Librarian