Opinion
No. 57897.
03-22-2012
LUSARDI CONSTRUCTION CO., A California Corporation, Appellant, v. LEHMAN RE, LTD., As Successorin–Interest to Lehman Brothers Holdings, Inc., A Bermuda Corporation, Respondent.
Lincoln, Gustafson & Cercos Gerrard Cox & Larsen
Lincoln, Gustafson & Cercos
Gerrard Cox & Larsen
ORDER DISMISSING APPEAL
This is an appeal from a district court order granting a preliminary injunction. Eighth Judicial District Court, Clark County; Kathy A. Hardcastle, Judge.
Respondent has filed a status report, stating that the district court has granted a motion to dismiss in the underlying matter, and in the context of granting the motion, the district court vacated the preliminary injunction that is the subject of this appeal. Respondent has attached a copy of the district court's order. Given that the preliminary injunction was vacated during the appeal's pendency, the appeal is now moot. See University Sys. v. Nevadans for Sound Gov't, 120 Nev. 712, 720, 100 P.3d 179, 186 (2004) (recognizing that cases presenting live controversies at the time of their inception may become moot by the occurrence of subsequent events); Berkeley Community Health Project v. City of Berkeley, 119 F.3d 794, 795 (9th Cir.1997) (dismissing an appeal as moot since, in the meantime, the district court vacated its preliminary injunction). Accordingly, we
The underlying district court proceedings were not stayed pending appeal.
ORDER this appeal DISMISSED.