Davis v. Westgate Planet Hollywood Las Vegas, LLC et al

Filing 526

ORDER Granting 523 Attorney Leon Greenberg's Motion Withdraw as counsel for Plaintiff Emmanuel Weist. Plaintiff shall have until 5/17/12 to obtain new counsel or file a statement that he will be proceeding pro se. Clerk shall serve a copy of this order on Plaintiff Weist at address listed in order. Signed by Magistrate Judge Peggy A. Leen on 4/26/12. (Copies have been distributed pursuant to the NEF - cc: plaintiff - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS DAVIS, III, et al.,

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Plaintiff,
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vs.
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WESTGATE PLANET HOLLYWOOD OF LAS )
VEGAS, LLC, et al.,
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Defendant.
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__________________________________________)

Case No. 2:08-cv-00722-RCJ-PAL
ORDER
(Mtn to Withdraw - Dkt. #523)

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This matter is before the court on the Motion to be Relived as Counsel (Dkt. #523) filed April

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16, 2012. Leon Greenberg seeks to withdraw as counsel of record for Plaintiff Emmanuel Wiest. The

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Motion represents that Plaintiff Weist has failed and refuses to maintain contact with counsel. Counsel

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have advised Mr. Weist of his need to remain in contact with them, and they have provided a toll free

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number for him to do so. Counsel no longer has a current address for Mr. Weist, and efforts to contact

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him by telephone are unsuccessful. Since 2009, Mr. Weist has gone for extended periods of months

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without contacting counsel. This case, which was removed to this court on June 4, 2008, arises under

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the Fair Labor Standards Act, and there are approximately six hundred opt in Plaintiffs. Counsel have

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recently negotiated a settlement of this case that requires the signature of all of the named Plaintiffs.

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Local Rule IA 10-6 provides that “no withdrawal . . . shall be approved if delay of discovery, the trial

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or any hearing in the case would result.”

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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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1.

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The Motion to Withdraw (Dkt. #523) is GRANTED.

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Plaintiff Weist shall have until May 17, 2012, in which to retain new counsel who shall

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file a notice of appearance in accordance with the Local Rules of Practice or to file a

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statement that he will be proceeding pro se.

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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 Plaintiff Weist at:
Emmanuel Weist
C/o Mission Pines Nursing & Rehab
2860 E. Cheyenne Ave.
North Las Vegas, NV 89030

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Dated this 26th day of April, 2012.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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