Mathis et al v. County of Lyon et al

Filing 98

ORDER Granting 88 MOTION to Withdraw as Attorney by Cal J. Potter, III, Esq./ Potter Law Offices as to Plaintiffs Richard Mathis, Anthony Mathis, and James Mathis. Attorney Cal J. Potter, III terminated. Plaintiffs' addresses updated to 977 3 Lost Colp Cir. Las Vegas, Nevada 89117. Copy of Order mailed to Plaintiffs. A further status conference is scheduled on Monday, October 17, 2011, at 9:30 a.m. in Courtroom 3A. Signed by Magistrate Judge George Foley, Jr on 9/20/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RICHARD MATHIS, et al.,

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Plaintiffs,
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vs.
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COUNTY OF LYON, et al.,
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Defendants.
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__________________________________________)

Case No. 2:07-cv-00628-KJD-GWF
ORDER
Motion to Withdraw as Counsel
of Record for Plaintiffs (#88)

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This matter comes before the Court on Potter Law Offices’ Motion to Withdraw as Counsel of

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Record for Plaintiffs (#88), filed on September 8, 2011; Plaintiff Richard Mathis’ Oppositions to Potter

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Law Offices’ Motion to Withdraw (#89), filed on September 9, 2011; Plaintiff James Mathis’

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Oppositions to Potter Law Offices’ Motion to Withdraw (#90), filed on September 12, 2011; Plaintiff

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Anthony C. Mathis’ Oppositions to Potter Law Offices’ Motion to Withdraw (#91), filed on September

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12, 2011; and Potter Law Offices’ Reply to Plaintiffs’ Oppositions (#93), filed on September 17, 2011.

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A hearing on this matter was held on September 19, 2011. During the hearing, the Court orally granted

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the Motion to Withdraw (#88), this order follows.

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Based on the pleadings and oral arguments presented, Attorney Cal Potter substantially

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established good cause for withdrawal. Further, the Court finds Plaintiffs will not be prejudiced by

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granting this Motion at this point in the litigation as the Court granted the parties Stipulation and Order

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to Extend Discovery and Other Deadlines (#84), resulting in a discovery cut-off date of May 6, 2012.

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(See #97.) In granting the Motion to Withdraw, the Court will allow Plaintiffs reasonable time to retain

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new counsel in this matter. Accordingly,

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...

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IT IS HEREBY ORDERED that Potter Law Offices’ Motion to Withdraw as Counsel of
Record for Plaintiffs (#88) is granted.
IT IS FURTHER ORDERED that Plaintiffs shall make a diligent effort to retain new counsel

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in this matter. A Status Conference is scheduled for Monday, October 17, 2011, at 9:30 a.m., in

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Courtroom 3A. Upon the retention of new counsel and the subsequent filing of a Notice to Appear by

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such counsel, the above Status Conference will be vacated unless any party indicates to the Court that

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they wish the Status Conference to go forward.

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IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known address of
Plaintiff Richard Mathis to the civil docket:
Richard Mathis
9773 Lost Colp Cir.
Las Vegas, NV 89117
T: [phone]

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IT IS FURTHER ORDERED that the Clerk of the Court shall serve Richard Mathis with a
copy of this order at his last known address listed above.
IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known address of

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Plaintiff Richard Mathis to the civil docket for service on Plaintiff James Mathis and Plaintiff Anthony

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Mathis.

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IT IS FURTHER ORDERED that any discovery responses due prior to Defendants receiving

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Notice of Appearance from the newly retained counsel, shall be served on Plaintiff Richard Mathis at

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the above provided address.

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DATED this 20th day of September, 2011.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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