IN THE SUPREME COURT OF THE STATE OF NEVADA

ERIC HOFELE, No. 77104 Appellant, vs. DEUTSCHE BANK NATIONAL TRUST COMPANY; AND WESTERN PROGRESSIVE NEVADA INC., FILE Respondents. FEB 2 O

ORDER DISMISSING APPEAL This is an appeal from an order granting summary judgment.

Eighth Judicial District Court, Clark County; Elissa F. Cadish, Judge.

On January 9, 2020, this court granted appellant's motion for a fifth extension of time to file the opening brief or a motion to dismiss this appeal based on the parties representations that a settlement was to be completed and paid in full no later than January 13, 2020. Pursuant to this court's order, appellant had until January 23, 2020, to file and serve the opening brief and appendix or a motion or stipulation to dismiss this appeal.

Appellant was cautioned that no further extensions would be granted, and that failure to timely file the opening brief or motion or stipulation to dismiss could result in the imposition of sanctions, including dismissal of this appea1.1 NRAP 31(d). To date, appellant has not filed the opening brief or motion or stipulation to dismiss, and has not otherwise communicated

'A copy of this order is attached.

SUPREME COURT OF NEvADA 20- 97973 (0) 1947A 4440114

4-j11111111•1 with this court. Accordingly, this court concludes that appellant has abandoned this appeal, and ORDERS this appeal DISMISSED.

Alhjta kft.14:414iA) Stiglich Silver

cc: Hon. Elissa F. Cadish, District Judge John Walter Boyer, Settlement Judge Brandon L. Phillips, Attorney At Law, PLLC Wright, Finlay & Zak, LLP/Las Vegas Eighth District Court Clerk

Stanton Com OF NEVADA (0) 1947A (441g4a4 1E IN THE SUPREME COURT OF THE STATE OF NEVADA

ERIC HOFELE, No. 77104 Appellant,- VS. FILED DEUTSCHE BANK NATIONAL-nun.

COMPANY; AND WESTERN. JAN 0 9 2020 PROGRESSIVE NEVADA INC., A. BROWN PRELIM COURT Res ondents.

OgFOY cK ORDER REGARDING MCATON This court denied appellanNe motion for A feur1.1. extension of time to file the opening brief on the 'ground .that continited settlement negotiations do not consfitate --extraohlhiary- eireitmetan(ies And extreme need; NRAP 31(b)(3)(B). The parties Italie Alow. filecT a jeint motion for a fifth .ogtension again based Yon finalizinosettlemen‘t The:patties represeta that theeettlement will be connileted Ada paid in full noilatairiiian January 13020. Under the circumsthnces, appellant iffalthave tJanuary 23, 202% tit) file and serve the Opening- brief ad 40.041di* - cita motion or stipulma ;on td-dismiss this appeal. NO• further extenaikde- Will be granted.

Failure to 4iniely file the opening brief at& apperalijp Allay result in the imposition of sanctions, including dismissal otthit appeal. NRAP 31(d).

It is so ORDERED.

C.J.

"Although the parties titled the-motion as One to "extend time to file case appeal stateinent, request for tranSeripts and to stay the appeal•in fact the ease appeal statement watt sea with the notice of appeal and the request for transcriPts WaS filed on JulY, 10, 20,19. To date.ibie court has entered four orders directing appellant to file the opening, brief and appendix. logie cc: Brandon L. Phillips; Attorney AttalY, LLC Wright, Finlay -8; Zak, LLPILat Vegas