IN THE SUPREME COURT OF THE STATE OF NEVADA
STEVE HAYASHI, AN INDIVIDUAL; No. 81693 COMETT LV, LLC, A NEVADA LIMITED-LIABILITY COMPANY; COMET LV, LLC, A NEVADA LIMITED-LIABILITY COMPANY; ST612E, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GREEN FILED PROTECTION, INC., A NEVADA CORPORATION, MAR 0 it 2021 Appellants, ELIZABE A. BROWN CLE F UPREME COURT vs. 13Y CLERK MITSUYASU SHIGETA, AN INDIVIDUAL; SAYAKA SHIGETA, AN INDIVIDUAL; AMERICA ISHIN LLC, A NEVADA LIMITED-LIABILITY COMPANY; AND LAS VEGAS DREAMS LLC, A NEVADA LIMITED-LIABILITY COMPANY, Res • ondents.
ORDER DISMISSING APPEAL AND REFERRING COUNSEL, TO THE STATE BAR OF NEVADA FOR INVESTIGATION
On January 28, 2021, this court entered an order reinstating appeal and conditionally imposing sanctions against attorney Steven H. Burke, of the Law Office of Steven H. Burke, D/B/A The 808 Firm, counsel for appellants, for his failure to file the docketing statement. We directed Mr. Burke to pay the $250 conditional sanction within 14 days and informed him that the sanction would be automatically vacated if he filed the corrected docketing statement or a motion for extension of time by February 11, 2021. Mr. Burke was cautioned that failure to comply with our order or
'A copy of the order is attached.
t-- 04319 other filing deadlines could result in the dismissal of this appeal. We further cautioned that failure to comply could result in Mr. Burke'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. Burke has not complied with the January 28, 2021, order. Accordingly, we dismiss this appeal and we refer Mr. Burke to the State Bar of Nevada for investigation. Further, the sanction is no longer conditional and must be paid. Mr. Burke 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. It is so ORDERED.
A CA-A , C.J. Hardesty
• , J. 12616111.ja Parraguirre e l Silver
cc: Hon. Stefany Miley, District Judge Law Office of Steven H. Burke, D/B/A The 808 Firm Kaempfer Crowell/Las Vegas Supreme Court Law Librarian Bar Counsel, State Bar of Nevada Eighth District Court Clerk
SUPREME COURT OF NEVADA 2 0)) i947A 4rAID IN THE SUPREME COURT OF THE STATE OF NEVADA
STEVE HAYASHI, AN INDIVIDUAL; No. 81693 COMETT LV, LLC, A NEVADA LIMITED-LIABILITY COMPANY; COMET LV, LLC,.A.NEVADA LIMITED-LIABILITY COMPANY; ST612E, LLC, A NEVADA LIMITED FILED LIABILITY COMPANY; AND GREEN JAN 2 8 2021 PROTECTION, INC., A NEVADA ELUABEll• CORPORATION, CLE RE!vil.!:
Appellants, Y. E-PUT% vs. MITSUYASU SHIGETA, AN INDIVIDUAL; SAYAKA SHIGETA, AN INDIVIDUAL: AMERICA ISHIN LLC, A NEVADA LIMITED-LIABILITY COMPANY; AND LAS VEGAS DREAMS LLC, A NEVADA LIMITED-LIABILITY COMPANY, Res_pondents.
ORDER REINSTATING BRIEFING, IMPOSING CONDITIONAL SANCTION, AND DIRECTING COUNSEL TO FILE CORRECTED DOCKETING STATEMENT
Pursuant to NRAP 16, the settlement judge has filed a report with this court indicating that the parties were unable to agree to a settlement. .Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. See NRAP 16. Appellants shall have 14 days from the date of this order to file and serve a transcript request form. If no transcript is to be requested, appellants shall file and serve a certificate to that effect within the same time period. See NRAP 9(a). Further, appellants shall have 90 days from the date of this order to file and serve the opening. brief and appendix. In preparing and assembling the appendix, counsel shall strictly comply with the provisions of NRAP 30. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Finally, on September 10, 2020, this court issued a notice informing the parties that this appeal may be assigned to the court's settlement program. This notice also noted that the docketing statement must be filed and served within 21 days of the date of the notice and that the timeline for the docketing statement was not stayed by the notice.' See NRAP 16(a)(1). On October 8, 2020, appellants filed the untimely docketing statement. Accordingly, this court issued a notice rejecting the docketing statement and directed appellants to resubmit the docketing statement with an accompanying motion for extension of time.2 On November 23, 2020, appellants filed a motion for extension of time to file the docketing statement, and on December 2, 2020, this court granted that motion, directing appellants to file the docketing statement within 7 days from the date of that order.3 As the docketing statement had not been filed, on January 4, 2021, this court entered an order again directing appellants to file the docketing statement within 7 days. Appellants were cautioned that failure to comply timely with that order would result in the imposition of sanctions.4 See NRAP 14(c). On January 8, 2021, appellants filed the docketing statement, and on that same day this court issued a notice of -
deficient docketing statement, directing appellants to resubmit a corrected
LA copy of the notice is attached. A copy of the notice is attached. 2
3A copy of the order is attached. 4A copy of the order is attached.
Swann COURT OF NEVADA 2 i0) 1947P% 429P,
111 docketing statOrnent within 5 days.5 As of the date of this order, the corrected docketing statement has not been filed. Appellant& counsel's continued failure to file the docketing statement in compliance with the court's procedural rules and the notices and orders issued in this appeal warrants the conditional inaposition of sanctions. Accordingly, appellants counsel, Steven H. Burke, 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. Burke files and serves a complete and accurate docketing statement within the same time period. If the• docketing -statement is not timely filed, the sanction will no longer be conditional and must be paid. Failure to comply with this order or any other filing deadlines may result in the dismissal of this appeal. See NRAP 3(a)(2). Further, because it appears that Mr. Burke's conduct in this appeal may 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 rnAy also result in Mr. Burkes referral to the State Bar of Nevada for investigation pursuant to SCR 104-105. It is so ORDERED.
, C.J. Hardesty
, J. —Parraguirre 42"12" girr" Silver
5A copy of the notice is attached. Supacia Cower OF NEVADA 3 10) 14,17Fs 420 cc: Stephen E. Haberfeld, Settlement Judge Law Office of Steven H. Burke, D/B/A The 808 Firm Kaempfer Crowell/Las Vegas Supreme Court Law Librarian IN THE SUPREME COURT OF THE STATE OF NEVADA OFFICE OF THE CLERK
STEVE HAYASHI. AN INDIVIDUAL; COMET!' LV, Supreme Court No. 81693 LLC, A NEVADA LIMITED-LIABILITY COMPANY; District Court'Case No. A783666 COMET LV, LLC, A NEVADA LIMITED-LIABILITY COMPANY; 8T612E, LLC. A NEVADA LIMITED LIABILrlY COMPANY; AND GREEN PROTECTION, INC., A NEVADA CORPORATION, Appellants, vs. MITSUYASU SHIGETA, AN INDIVIDUAL; SAYAKA SHIGETA, AN INDIVIDUAL; AMERICA ISHIN LLC, A NEVADA LIMITED-LIABILITY COMPANY; AND LAS VEGAS DREAMS LLC, A NEVADA LIMITED- LIABILITY COMPANY. Res ancients.
NOTICE OF REFERRAL TO SETTLEMENT PROGRAM AND SUSPENSION OF RUL S
TO: Law Office of Steven H. Burke. D/B/A The 808 Firm 1 Steven H. Burke Kaempfer CrowelVLas Vegas \Peter C. Bemhard, Lesley B. Miller, Ethan D. Thompson
Free access — add to your briefcase to read the full text and ask questions with AI
IN THE SUPREME COURT OF THE STATE OF NEVADA
STEVE HAYASHI, AN INDIVIDUAL; No. 81693 COMETT LV, LLC, A NEVADA LIMITED-LIABILITY COMPANY; COMET LV, LLC, A NEVADA LIMITED-LIABILITY COMPANY; ST612E, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GREEN FILED PROTECTION, INC., A NEVADA CORPORATION, MAR 0 it 2021 Appellants, ELIZABE A. BROWN CLE F UPREME COURT vs. 13Y CLERK MITSUYASU SHIGETA, AN INDIVIDUAL; SAYAKA SHIGETA, AN INDIVIDUAL; AMERICA ISHIN LLC, A NEVADA LIMITED-LIABILITY COMPANY; AND LAS VEGAS DREAMS LLC, A NEVADA LIMITED-LIABILITY COMPANY, Res • ondents.
ORDER DISMISSING APPEAL AND REFERRING COUNSEL, TO THE STATE BAR OF NEVADA FOR INVESTIGATION
On January 28, 2021, this court entered an order reinstating appeal and conditionally imposing sanctions against attorney Steven H. Burke, of the Law Office of Steven H. Burke, D/B/A The 808 Firm, counsel for appellants, for his failure to file the docketing statement. We directed Mr. Burke to pay the $250 conditional sanction within 14 days and informed him that the sanction would be automatically vacated if he filed the corrected docketing statement or a motion for extension of time by February 11, 2021. Mr. Burke was cautioned that failure to comply with our order or
'A copy of the order is attached.
t-- 04319 other filing deadlines could result in the dismissal of this appeal. We further cautioned that failure to comply could result in Mr. Burke'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. Burke has not complied with the January 28, 2021, order. Accordingly, we dismiss this appeal and we refer Mr. Burke to the State Bar of Nevada for investigation. Further, the sanction is no longer conditional and must be paid. Mr. Burke 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. It is so ORDERED.
A CA-A , C.J. Hardesty
• , J. 12616111.ja Parraguirre e l Silver
cc: Hon. Stefany Miley, District Judge Law Office of Steven H. Burke, D/B/A The 808 Firm Kaempfer Crowell/Las Vegas Supreme Court Law Librarian Bar Counsel, State Bar of Nevada Eighth District Court Clerk
SUPREME COURT OF NEVADA 2 0)) i947A 4rAID IN THE SUPREME COURT OF THE STATE OF NEVADA
STEVE HAYASHI, AN INDIVIDUAL; No. 81693 COMETT LV, LLC, A NEVADA LIMITED-LIABILITY COMPANY; COMET LV, LLC,.A.NEVADA LIMITED-LIABILITY COMPANY; ST612E, LLC, A NEVADA LIMITED FILED LIABILITY COMPANY; AND GREEN JAN 2 8 2021 PROTECTION, INC., A NEVADA ELUABEll• CORPORATION, CLE RE!vil.!:
Appellants, Y. E-PUT% vs. MITSUYASU SHIGETA, AN INDIVIDUAL; SAYAKA SHIGETA, AN INDIVIDUAL: AMERICA ISHIN LLC, A NEVADA LIMITED-LIABILITY COMPANY; AND LAS VEGAS DREAMS LLC, A NEVADA LIMITED-LIABILITY COMPANY, Res_pondents.
ORDER REINSTATING BRIEFING, IMPOSING CONDITIONAL SANCTION, AND DIRECTING COUNSEL TO FILE CORRECTED DOCKETING STATEMENT
Pursuant to NRAP 16, the settlement judge has filed a report with this court indicating that the parties were unable to agree to a settlement. .Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. See NRAP 16. Appellants shall have 14 days from the date of this order to file and serve a transcript request form. If no transcript is to be requested, appellants shall file and serve a certificate to that effect within the same time period. See NRAP 9(a). Further, appellants shall have 90 days from the date of this order to file and serve the opening. brief and appendix. In preparing and assembling the appendix, counsel shall strictly comply with the provisions of NRAP 30. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Finally, on September 10, 2020, this court issued a notice informing the parties that this appeal may be assigned to the court's settlement program. This notice also noted that the docketing statement must be filed and served within 21 days of the date of the notice and that the timeline for the docketing statement was not stayed by the notice.' See NRAP 16(a)(1). On October 8, 2020, appellants filed the untimely docketing statement. Accordingly, this court issued a notice rejecting the docketing statement and directed appellants to resubmit the docketing statement with an accompanying motion for extension of time.2 On November 23, 2020, appellants filed a motion for extension of time to file the docketing statement, and on December 2, 2020, this court granted that motion, directing appellants to file the docketing statement within 7 days from the date of that order.3 As the docketing statement had not been filed, on January 4, 2021, this court entered an order again directing appellants to file the docketing statement within 7 days. Appellants were cautioned that failure to comply timely with that order would result in the imposition of sanctions.4 See NRAP 14(c). On January 8, 2021, appellants filed the docketing statement, and on that same day this court issued a notice of -
deficient docketing statement, directing appellants to resubmit a corrected
LA copy of the notice is attached. A copy of the notice is attached. 2
3A copy of the order is attached. 4A copy of the order is attached.
Swann COURT OF NEVADA 2 i0) 1947P% 429P,
111 docketing statOrnent within 5 days.5 As of the date of this order, the corrected docketing statement has not been filed. Appellant& counsel's continued failure to file the docketing statement in compliance with the court's procedural rules and the notices and orders issued in this appeal warrants the conditional inaposition of sanctions. Accordingly, appellants counsel, Steven H. Burke, 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. Burke files and serves a complete and accurate docketing statement within the same time period. If the• docketing -statement is not timely filed, the sanction will no longer be conditional and must be paid. Failure to comply with this order or any other filing deadlines may result in the dismissal of this appeal. See NRAP 3(a)(2). Further, because it appears that Mr. Burke's conduct in this appeal may 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 rnAy also result in Mr. Burkes referral to the State Bar of Nevada for investigation pursuant to SCR 104-105. It is so ORDERED.
, C.J. Hardesty
, J. —Parraguirre 42"12" girr" Silver
5A copy of the notice is attached. Supacia Cower OF NEVADA 3 10) 14,17Fs 420 cc: Stephen E. Haberfeld, Settlement Judge Law Office of Steven H. Burke, D/B/A The 808 Firm Kaempfer Crowell/Las Vegas Supreme Court Law Librarian IN THE SUPREME COURT OF THE STATE OF NEVADA OFFICE OF THE CLERK
STEVE HAYASHI. AN INDIVIDUAL; COMET!' LV, Supreme Court No. 81693 LLC, A NEVADA LIMITED-LIABILITY COMPANY; District Court'Case No. A783666 COMET LV, LLC, A NEVADA LIMITED-LIABILITY COMPANY; 8T612E, LLC. A NEVADA LIMITED LIABILrlY COMPANY; AND GREEN PROTECTION, INC., A NEVADA CORPORATION, Appellants, vs. MITSUYASU SHIGETA, AN INDIVIDUAL; SAYAKA SHIGETA, AN INDIVIDUAL; AMERICA ISHIN LLC, A NEVADA LIMITED-LIABILITY COMPANY; AND LAS VEGAS DREAMS LLC, A NEVADA LIMITED- LIABILITY COMPANY. Res ancients.
NOTICE OF REFERRAL TO SETTLEMENT PROGRAM AND SUSPENSION OF RUL S
TO: Law Office of Steven H. Burke. D/B/A The 808 Firm 1 Steven H. Burke Kaempfer CrowelVLas Vegas \Peter C. Bemhard, Lesley B. Miller, Ethan D. Thompson
This notice is to inform •you that this appeal may be assigned to the court's Settlement Program. See NRAP 16(a). The issuance of this notice automatically stays the time for filing a request for transcripts under NRAP 9, and for filing briefs under NRAP 31. See NRAP 16(a)(1).
The docketing statement must be filed and served within 21 days of the date of this notice. This timeline is not stayed by this notice.
DATE: Septernber 10, 2020 Elizabeth A. Brown, Clerk of Court
By: Joan Hendricks Settlement Program Officer
Notification List Electronic Law Office of Steven H. Burke, D/B/A The 808 Firm 1 Steven H. Burke Kaempfer Crowell/Las Vegas I. Peter C. Bernhard Kaempfer Crowell/Las Vegas \Lesley B. Miller
Paper Kaempfer Crowell/Las Vegas \Ethan D. Thompson
20-33351 IN THE SUPREME COURT OF THE STATE OF NEVADA OFFICE OF THE CLERK
STEVE HAYASHI. AN INDIVIDUAL; COMETT Supreme Court No. 81693 LV, LLC, A NEVADA LIMITED-LIABILITY District Court Case No. A783668 COMPANY; COMET LV, LLC, A NEVADA LIMITED-LIABILITY COMPANY; 8T612E, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GREEN PROTECTION; INC., A NEVADA CORPORATION, Appellants, vs. MITSUYASU SHIGETA, AN INDIVIDUAL; SAYAKA SHIGETA, AN INDIVIDUAL: AMERICA 1SHIN LLC, A NEVADA LIMITED- LIABILITY COMPANY; AND LAS VEGAS DREAMS LLC, A NEVADA LIMITED- LIABILITY COMPANY, Res • ondents.
NOTICE OF REJECTION OF FILED•DOCUMENT TO: Law Office of Steven H. Burke, D/B/A The 808 Firm \Steven H. Burke
The document you filed is being rejected for the following reason(s):
Document entitled "Docketing Statement Civil Appeals'. is untimely and must be accompanied by a motion for extension of time.
DATE: October 09. 2020
Elizabeth A. Brown, Clerk of Court
By: Dana Richards Deputy Clerk
Notification List Electronic Kaernpfer Crowell/Las-Vegas \Peter C. Bernhard Kaempfer Crowell/Las Vegas\ Lesley B. Miller
Paper Kaempfer Crowell/Las Vegas\ Ethan D. Thompson Hon. Stephen E. Haberfeld, Settlement Judge
20-371.00 IN THE SUPREME COURT OF THE STATE OF NEVADA
STEVE HAYASHI, AN INDIVIDUAL; No. 81693 COMETT LV, LLC, A NEVADA LIMITED-LIABILITY COMPANY; COMET IN, LLC, A NEVADA LIMITED-LIABILITY COMPANY; ST612E, LLC, A. NEVADA LIMITED LIABILITY COMPANY; AND GREEN PROTECTION, INC., A NEVADA FILED CORPORATION, DEC 02 2020 Appellants, :EUIFTIMBROM4 vs. • -SUPREME COURT MITSUYASU SHIGETA, AN INDIVIDUAL; SAYAKA SHIGETA, AN INDIVIDUAL; AMERICA ISHIN LLC, A NEVADA LIMITED-LIABILITY COMPANY; AND LAS VEGAS DREAMS LLC, A NEVADA LIMITED-LIABILITY COMPANY, Respondents.
ORDER GRANTING MOTION
On October 8, 2020, appellants filed the docketing statement. This court issued a notice of rejection on October 9, 2020, directing appellants to file the docketing statement accompanied by a motion for an extension of time. On November 23, 2020, appellants filed a motion to extend time to file docketing statement. The unopposed motion is granted. Appellants shall file the docketing statement within 7 days from the date of this order. It is so ORDERED.
CLEM< OF THE SUPREME COURT ELIZABETH A. BROWN SuPRETRG COURT Of NeVACIA
CLERK'S ORDER
to..ITO 41111. cc: Stephen E. liaberfeid, Settlement Judge Law Office- of Stevoi IL Burke, DMA The 808 Firm Kaempfer Crowell/Las. Vegas
6.0114lhit COUP!? Of NaVADA
CLERK'S imam .4%-aur 411at. IN THE SUPREME COURT OF THE STATE OF NEVADA
STEVE HAYASHI, AN• INDIVIDUAL; No. 81693 COMETT LV. LLC, A NEVADA LImITED-LIABILITY COMPANY; COMET LV, LLC, A, NEVADA LIMITED-LIABILITY COMPANY; ST612E, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GREEN PROTECTION, INC., A NEVADA CORPORATION, FILED Appellants, v$. JAN 0 4 2021 MITSUYASU SHIGETA, AN BREabcONURT U4411:,itEM CLISOC INDIVIDUAL; SAYAKA SHIGETA, AN sy INDIVIDUAL; AMERICA ISHIN LLC, A NEVADA LIMITED-LIABILITY COMPANY; AND LAS VEGAS DREAMS LLC, A NEVADA LIMITED-LIABILITY COMPANY, Res ondents.
ORDER TO FILE DOCKETING STATEMENT
On December 2, 2020, this court granted appellants motion for an extension of time to file the docketing statement. Because this court had rejected the previously submitted docketing statement, this court directed appellants to resubMit the docketing statement within 7 days. To date, appellants have failed to comply with that order. Appellants shall, within 5 days from the date of this order, file the docketing statement. Failure to comply timely with this order will result in the imposition of sanctions. See NRAP 14(c). It is so ORDERED.
C.J. cc: Stephen Y. Haberfeld, Settlement Judge Law Office crtSteven H..Rurkei D/B/A The 808 Firm Kaempfer Crowell/Las Vegas IN THE SUPREME COURT OF THE STATE OF NEVADA OFFICE OF THE CLERK
STEvE HAYASHI, AN INDIVIDUAL; COMETT Supreme Court No. 8693 LV, LLC, A NEVADA LIMITED-LIABILITY District Court Case No. A783668 COMPANY; COMET LV, LLC. A NEVADA LIMITED-LIABILITY COMPANY; ST612E, LLC. A NEVADA LIMITED LIABILITY COMPANY; AND GREEN PROTECTION, INC., A NEVADA CORPORATION. Appellants, vs. MITSUYASU SHIGETA, AN INDIVIDUAL; SAYAKA SHIGETA, AN INDIVIDUAL; AMERICA !SHIN LLC, A NEVADA LIMITED- LIABILITY COMPANY; AND LAS VEGAS DREAIVIS LLC, A NEVADA LIMITED- LIABILITY COMPANY, Res ondents.
NOTICE OF DEFICIENT DOCKETING STATEMEN1
TO: Law Office of Steven H. Burke, D/B/A The 808 Firm \Steven H. Burke
The docketing statement you submitted is being returned for the following reason(s):
Docketing statement is missing attachments as required by question 27.
Please correct the deficiencies and resubmit the docketing statement to this office •for filing within 5 days of the date of•this notice.
DATE: January 08. 2021
By: Oana Richards Deputy Clerk
Notification List Electronic Kaempfer Crowell/Las Vegas \Peter C. Bernhard Kaempfer Crowell/Las Vegas \Lesley B. Miller
Paper Kaempfer Crowell/Las Vegas 1 Ethan D. Thompson Hon. Stephen E. Haberfeld, Settlement Judge
21-00679