Mora v. Shulkin

Filing 41

ORDER - Patrick McNamara's Motion to Withdraw as Counsel and Extend Stay (Filing No. 40 ) is granted. Mr. McNamara advised the Court that Plaintiff passed away, and that Plaintiff's spouse terminated Mr. McNamara's representation and retrieved Plaintiff's case files. Mr. McNamara shall immediately serve a copy of this Order on Plaintiff's spouse and personal representative, and thereafter file proof of service showing compliance with this Order, listing the name and add ress of the person(s) to whom notice was sent. Mr. McNamara will not be relieved of applicable duties to the Court, Plaintiff, and opposing counsel until proof of service is filed. This matter is stayed until September 28, 2018 to allow Plaintiff 9;s spouse and/or personal representative time to obtain substitute counsel. Substitute counsel shall enter a written appearance by September 28, 2018. In the event Plaintiff's spouse and/or representative does not obtain substitute counsel, Pla intiff's spouse and/or representative shall provide the Clerk of Court his/her current address and telephone number no later than September 28, 2018. If counsel has not entered a written appearance, Plaintiff's spouse and/or representative shall also submit a report to the Court advising as to the status of this action. The report shall be submitted no later than September 28, 2018. Failure to comply with these requirements may result in the imposition of sanctions, including payment of costs, attorneys' fees, the entry of default judgment, and/or dismissal of the case. Ordered by Magistrate Judge Susan M. Bazis. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WILLIE MORA,
Plaintiff,

8:17CV282

vs.
ORDER
DAVID J. SHULKIN, M.D., Secretary of
Veterans Affairs;
Defendant.
This matter is before the Court on Patrick McNamara’s Motion to Withdraw as Counsel
and Extend Stay. (Filing No. 40.) The motion will be granted.

Accordingly,

IT IS ORDERED:

1.

Patrick McNamara’s Motion to Withdraw as Counsel and Extend Stay (Filing No.

40) is granted.

2.

Mr. McNamara advised the Court that Plaintiff passed away, and that Plaintiff’s

spouse terminated Mr. McNamara’s representation and retrieved Plaintiff’s case files. Mr.
McNamara shall immediately serve a copy of this Order on Plaintiff’s spouse and personal
representative, and thereafter file proof of service showing compliance with this Order, listing the
name and address of the person(s) to whom notice was sent. Mr. McNamara will not be relieved
of applicable duties to the Court, Plaintiff, and opposing counsel until proof of service is filed.

3.

This matter is stayed until September 28, 2018 to allow Plaintiff’s spouse and/or

personal representative time to obtain substitute counsel. Substitute counsel shall enter a written
appearance by September 28, 2018. In the event Plaintiff’s spouse and/or representative does not
obtain substitute counsel, Plaintiff’s spouse and/or representative shall provide the Clerk of Court

his/her current address and telephone number no later than September 28, 2018. If counsel has
not entered a written appearance, Plaintiff’s spouse and/or representative shall also submit a report
to the Court advising as to the status of this action. The report shall be submitted no later than
September 28, 2018. Failure to comply with these requirements may result in the imposition of
sanctions, including payment of costs, attorneys’ fees, the entry of default judgment, and/or
dismissal of the case.

Dated this 9th day of August, 2018.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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