Arballo-Olivas v. Ainsworth

IN THE SUPREME COURT OF THE STATE OF NEVADA

PILAR ENRIQUE ARBALLO-OLIVAS, No. 83814 INDIVIDUALLY, vs.

Appellant, E AMY MARIE AINSWORTH,

AUG i9 2022 Res • ondent.

ELIZABETh A. BROWN CLERK OF SUDREM.F. COURT BY • DEPUTY CLERK

ORDER DISMISSING APPEAL

This is an appeal from a judgment entered upon an arbitration award. Eighth Judicial District Court, Clark County; Michael A. Cherry, Judge.

This appeal was docketed in this court on November 19, 2021. After the parties failed to reach a settlement, this court issued an order reinstating the deadlines for filing documents. Pursuant to that order, the transcript request form was due to be filed by February 22, 2022, and the opening brief and appendix were due to be filed by May 9, 2022. Appellant failed to timely file the documents. Accordingly, on July 6, 2022, this court entered an order directing appellant to file and serve either a transcript request form or certificate of no transcript request and the opening brief and appendix within 7 days. The order cautioned that failure to comply timely could result in dismissal of this appeal. To date, appellant has failed to file the documents or otherwise communicate with this court.

On July 28, 2022, respondent filed a motion to dismiss this appeal based on appellant's failure to file the missing documents. On that same date, the motion was served electronically upon appellant's counsel. Appellant has not responded to the motion to dismiss. This court concludes SUPREME COUHT

Or

NEVADA

19-17A Foster v. that appellant concedes the merit of respondent's motion. See this Dingwall, 126 Nev. 56, 66, 227 P.3d 1042, 1049 (2010) (stating that that the court may construe the failure to oppose a motion as an admission ned motion is meritorious). Further, it appears that appellant has abando court this appeal. Respondent's motion to dismiss is granted, and this ORDERS this appeal DISMISSED.

J. Silver

Cadish

CJ Pickering cc: Chief Judge, The Eighth Judicial District Court Hon. Michael A. Cherry, Senior Justice

Janet Trost, Settlement Judge

Desert Ridge Legal Group

Adam S. Kutner

The702Firm

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

I ,M7A