Reyes et al v. Cover-All Inc. et al

Filing 215

ORDER Granting 214 Motion to Withdraw as Attorney by Rubin M. Turner; Jonathan M Deer and D. Larene Pyles as counsel for Defendant Cover-All, Inc. Defendant Cover-All, Inc. shall have until 3/5/12 in which to retain new counsel. The Clerk shall serve a copy of this Order on Defendant at: Gadi Leshem, 8964 Oso Avenue, Chatsworth, CA 91311. Signed by Magistrate Judge Peggy A. Leen on 2/23/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DANIEL REYES, et al.,
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Plaintiffs,
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vs.
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COVER-ALL, INC., et al.,
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Defendants. )
__________________________________________)

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Case No. 2:07-cv-00148-RCJ-PAL
ORDER
(Mtn to Withdraw - Dkt. #214)

This matter is before the court on the Motion to Withdraw (Dkt. #214) filed January 31, 2012.

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D. Larene Pyles, Rubin M. Turner, and Jonathan M. Deer seek to withdraw as counsel of record for

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Defendant Cover-All, Inc. The Motion represents that there has been an irretrievable breakdown of

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communication between the Defendant’s principal officer and counsel. Counsel asserts Defendant has

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materially breached its retainer agreement, and local counsel has disbanded, leaving Defendant and the

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movants without local counsel. Furthermore, counsel asserts that Defendant filed a bankruptcy petition

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in California in 2009, and it has not actively participated in this litigation for the past three years. The

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bankruptcy case was dismissed in December 2010. Counsel asserts that it has a difference of opinion

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with Defendant such that it is impossible to continue representing it. Local Rule IA 10-6 provides that

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“no withdrawal . . . shall be approved if delay of discovery, the trial or any hearing in the case would

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result.” This case was filed on February 6, 2007, in the Central District of California and was

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transferred to this court on the same day. There has been no activity in this case since the District Judge

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denied an Unopposed Motion for Preliminary Approval of Class Settlement on March 11, 2011 and

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there is no trial date set.

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No opposition to the motion was filed, and the time for filing a response has now run.

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Having reviewed and considered the matter, and for good cause shown,

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IT IS ORDERED:

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The Motion to Withdraw (Dkt. #214) is GRANTED.

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2.

A corporation cannot appear except through counsel. U.S. v. High Country

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Broadcasting Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993); Rowland v. California Men’s

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Colony, 506 U.S. 194, 201-02 (1993). Therefore, Defendant Cover-All, Inc. shall have

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until March 5, 2012, in which to retain new counsel who shall file a notice of

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appearance in accordance with the Local Rules of Practice.

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3.

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Failure to comply with this order may result in a recommendation to the District Judge
for sanctions, including case-dispositive sanctions.

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The Clerk of Court shall serve a copy of this Order on Defendant at:

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Gadi Leshem
8964 Oso Avenue
Chatsworth, CA 91311

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Dated this 23rd day of February, 2012.

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___________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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