Bierstedt Vs. Bierstedt

490 P.3d 1292
CourtNevada Supreme Court
DecidedJuly 29, 2021
Docket82858
StatusPublished

This text of 490 P.3d 1292 (Bierstedt Vs. Bierstedt) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bierstedt Vs. Bierstedt, 490 P.3d 1292 (Neb. 2021).

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

LAUREN BETH BIERSTEDT, N/K/A No. 82858 LAUREN ANDERSON, FILED Appellant, vs. JUL 2 9 2021 JOEL BIERSTEDT, ELIZABETH A. BROWN CLERK OF SUPREME CO Res s ondent. t1, 6TY CLERK • ORDER DISMISSING APPEAL AND REFERRING COUNSEL TO THE STATE BAR OF NEVADA FOR INVESTIGATION

On July 8, 2021, this court entered an order conditionally imposing sanctions against attorney Alex B. Ghibaudo, counsel for appellant, for his failure to file both the case appeal statement and docketing statement. We directed Mr. Ghibaudo to pay the $250 conditional sanction within 14 days and informed him that the sanction would be automatically vacated if he filed the case appeal statement and docketing statement or a motion for extension of time by July 22, 2021. Mr. Ghibaudo was cautioned that failure to comply with our order or other filing deadlines could result in the dismissal of this appeal. We further cautioned that failure to comply could result in Mr. Ghibaudo's referral to the State Bar of Nevada for investigation pursuant to SCR 104-105 for violations of RPC 1.3(diligence), 3.2(a) (expediting litigation), and 8.4 (misconduct). To date, Mr. Ghibaudo has not filed the case appeal statement or the docketing statement. Accordingly, the sanction is no longer conditional and must be paid. Mr. Ghibaudo shall have 7 days from the date of this order to pay $250 to the Supreme Court Law Library and provide the clerk of this court with proof of such payment. We dismiss this

lA copy of the order is attached. SUPREME CouFrr OF NEVADA

(0) 1947A ••401.• ot .-62.0d I appeal, and we refer Mr. Ghibaudo to the State Bar of Nevada for investigation. It is so ORDERED.

Hardesty 6

Parraguirre etw-lapr--7 Cadish 6A(K

cc: Hon. Dawn Throne, District Judge, Family Court Division Israel Kunin, Settlement Judge Alex B. Ghibaudo, PC. Karen A. Connolly, Ltd. Supreme Court Law Librarian State Bar of Nevada Eighth District Court Clerk

SUPREME COURT OF

NEVADA 2 (()) 1447A AZ*.

P-7." • IN THE SU.PREME COURT OF THE STATE OF NEVADA

LAUREN BETH BIERSTEDT, N/KJA No. 82858 LAUREN ANDERSON, Appellant, FILED vs. JOEL BIERSTEDT, JUL 0 8 2021 Respondent. ELIZABETH A. BRO CEERPtrUPREME CC URT BY .4 rru =o, ORDER IMPOSING CONDITIONAL SANCTION AND DEr-' — — DIRECTING APPELLANT TO FILE DOCUMENTS

This appeal was docketed on May 6, 2021. The notice of appeal was not accompanied by the case appeal statement. See NRAP 3(f)(1) (requiring the case appeal statement to be filed with the notice of appeal). Accordingly, this court issued a notice to file the case appeal statement, which cautioned that failure to file the case appeal statement could result in the imposition of sanctions, including the dismissal of the appeal. See NRAP 3(a)(2). On May 20, 2021, this court issued a notice rejecting the case appeal statement as untimely filed and directing appellant to resubmit t.he case appeal statement with an accompanying motion for extension of time.2 Because appellant failed to file the case appeal statement and accoMpanying motion for extension of time, on May 27, 2021, this court entered ark order directing appellant to file the overdue case appeal statement within 7 days.3 Appellant was again cautioned that failure to comply could result in the imposition of sanctions. On June 7, 2021

IA copy of the notice is attached. 2A copy of the notice is attached.

3A copy of the order is attached.

.52(a appellant resubmitted the case appeal statement. However, because it was not accompanied by a motion for an extension of time to file the document, it was again rejected and a notice was issued on June 8, 2021, directing appellant to resubmit the document with an accompanying motion for extension of time within 5 days from the date of the notice.4 To date appellant's counsel, Alex B. Ghibaudo, has failed to timely file the case appeal statement. Additionally, on May 13, 2021, this court issued a notice referring this case to the settlement program and directing appellant to file the docketing statement within 21 days from the date of the notice.5 To date, Mr. Ghibaudo has not filed the docketing statement. See NRAP 14(b). Mr. Ghibaudo's failure to file documents in this appeal in compliance with the court's procedural rules and the notices and order issued in this appeal warrants the conditional imposition of sanctions. Accordingly, Mr. Ghibaudo shall, within 14 days from the date of this order, pay the sum of $250 to the Supreme Court Law Library and provide this court with •proof of such payment. However, this sanction shall be automatically vacated if Mr. Ghibaudo files and serves the case appeal statement and docketing statement, accompanied by a motion for an extension of time, within the same time period. If these documents are not timely filed, the sanction will no longer be conditional and must be paid. Failure to comply timely with this order or any other filing deadlines may result in the further imposition of sanctions, including dismissal of this appeal. See NRAP 3(a)(2) and NRAP 14(c). Further, because it appears that Mr. Ghibaudo's conduct in this appeal may

4A copy of the notice is attached.

5A copy of the notice is attached.

2 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 his referral to the •State Bar of Nevada for investigation pursuant to SCR 104-105. It is so ORDERED.

Hardesty

• J. P rraguirre

cc: Israel Kunin, Settlement Judge Alex B. Ghibaudo, PC. Karen A. Connolly, Ltd. Supreme Court Law Library

Summit Cow OF NMI* 3 101 1947A 041,01. IN THE SUPREME COURT OF THE STATE OF NEVADA OFFICE OF THE CLERK

LAUREN BETH BIERSTEDT, N/K/A LAUREN Supreme Court No. 82858 ANDERSON, District Court Case No. 0440918 Appellant, vs. JOEL BIERSTEDT, Res ondent.

NOTICE TO FILE CASE APPEAL STATEMENT - CIVIL

TO: Alex B. Ghibaudo, PC. \ Alex B. Ghibaudo

The Clerk of the District Court has informed the Supreme Court of Nevada that your notice of appeal was filed without the required Case Appeal Statement. NRAP 3(a)(3). Please refer to NRAP 3(f) and file the Case Appeal Statement with the Suprerne Court Clerk's Office within 10 days from the date of this notice.

Your failure to file the Case Appeal Statement may result in the imposition of sanctions, including the dismissal of this appeal. NRAP 3(a)(2).

DATE: May 06, 2021

Elizabeth A. Brown, Clerk of Court

By: Linda Hamilton Deputy Clerk

Nottfication List Electronic Atek B. Ghibaudo, PC. 1Alex B. Ghibaudo Karen A. Connolly, Ltd. Karen A. Connolly Steven D. Grierson, Eighth District Court Clerk

21-12984 IN THE SUPREME COURT OF THE STATE OF NEVADA OFFICE OF THE CLERK

LAUREN BETH BlERSTEDT, N/KJA LAUREN Supreme Court No. 82858 ANDERSON. District Court Case No. 0440918 Appellant, vs. JOEL BIERSTEDT, Respondent.

NOTICE OF REJECTION OF FILED DOCUMENT

TO: Alex B. Ghibaudo, PC. \Alex B. Ghibaudo

The document you filed is being rejected for the following reason(s):

Document entitled "Case.Appeal Statemenr is untimely and must be accompanied by a motion for extension of time.

DATE: May 20, 2021

By: Monique Mercier Deputy Clerk

Notification List Electronic Karen A. Connolly, Ltd. \Karen A. Connolly Israel Kunin, Settlement Judge

21-14500 IN THE SUPREME COURT OF THE STATE OF NEVADA

LAUREN BETH BIERSTEDT, N/K/A No. 82858 LAUREN ANDERSON, Appellant, FILED vs. JOEL BIERSTEDT, MAY 2 7 2021 Res ondent. ELIZABETH A. BROWN suPstEmE pcor Of

ORDER DIRECTING APPELLANT TO FILE civ.p=aftr OVERDUE CASE APPEAL STATEMEN7'

Free access — add to your briefcase to read the full text and ask questions with AI

Cite This Page — Counsel Stack

Bluebook (online)
490 P.3d 1292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bierstedt-vs-bierstedt-nev-2021.