| 02/17/2005 | Order/Procedural | Filed Order. to Request Transcripts and File docketing Statements, Granting Motion to Consolidate in Part, and Denying Motion to Dismiss. Motion to Consolidate. Appellant has moved to consolidate Nos. 42214 and 43650 with consolidated Nos. 40308, 41411, 41717 and 42215. Respondents oppose the motion to consolidate No. 43650, but not the motion to consolidate No. 42214. fn1[We note that on August 26, 2004, a document entitled 'Substitution of Attorneys' was filed in Nos. 40308, 41411, 41717 and 42215, substituting attorney JoNell Thomas in the place of attorney David M. Schieck. The substitution was not filed in Nos. 42214 and 43650. We direct the clerk of this court to substitute Ms. Thomas in the place of Mr. Schieck as counsel in No. 42214 and to designate Ms. Thomas as counsel for respondent John O'Meara in No. 43650.] We grant appellant's motion to the extent it seeks to consolidate No. 42214 with consolidated Nos. 40308, 41411, 41717 and 42215. We conclude that it is not judicially efficient for this court to consolidate No. 43650 with consolidated Nos. 40308, 41411, 41717, 42214 and 42215, and we deny, in part, appellant's motion to consolidate. Docketing Statements for Nos. 41717, 42214 and 42215. We deny the motion of December 26, 2003, for an extension of time to file the docketing statement in No. 42214. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement in No. 42214. Appellant shall have 10 days from the date of this order to file docketing statements in Nos. 41717 and 42215. Requesting Transcripts in Compliance With NRAP 9(a) in Nos. 40308, 41411, 41717, 42214 and 42215. On December 4, 2003, appellant filed transcript request forms in Nos. 40308, 41411, 41717 and 42215. On June 15, 2004, this court entered an order consolidating Nos. 40308, 41411, 41717 and 42215 and noting that the transcript request forms were deficient. On July 6, 2004, appellant filed amended transcript request forms in Nos. 40308, 41411, 41717 and 42215 requesting numerous transcripts from various court reporters. These transcript request forms are still deficient. fn2[Court reporter Kit MacDonald has also filed an affidavit informing this court of these inadequacies.] This court will take no action on the amended transcript request forms filed on July 6, 2004. We note that appellant has also failed to request transcripts in compliance with NRAP 9(a) in No. 42214. Appellant shall have 15 days from the date of this order to file and serve one single transcript request form requesting transcripts for consolidated Nos. 40308, 41411, 41717, 42214 and 42215. Motion to Dismiss Nos. 40308, 41411, 41717, 42214, 42215 and 43650. On August 26, 2004, and January 10, 2005, respondents John O'Meara, JOM Enterprises and Eric Dobberstein ('respondents') filed motions to dismiss these appeals based on appellant's failure to file the opening brief. Appellant opposes the motions. Respondents have moved for leave to file a reply in support of their August 26, 2004, motion. Appellant has opposed the motion. Cause appearing, we grant the motion for leave to file a reply. The clerk of this court shall file the reply received on September 24, 2004. We note that our June 15, 2004, order specifically directed appellant to file the opening brief in Nos. 40308, 41411, 41717 and 42215 by August 16, 2004. We note that prior to entry of the instant order, No. 42214 was not consolidated with Nos. 40308, 41411, 41717 and 42215 and thus had a separate briefing schedule. We conclude that appellant did not have good cause to believe that the opening brief in Nos. 40308, 41411, 41717 and 42215 was due at a later date. Because this court prefers to decide cases on their merits, we deny the motion to dismiss for failure to file the opening brief. Appellant shall have 30 days from the date of this order to file and serve a single opening brief and appendix in consolidated Nos. 40308, 41411, 41717, 42214 and 42215. T | | 05-03244
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