Clark v. Guerrero

Filing 138

ORDER Granting 137 Motion to Withdraw as Attorney. Attorney General for the State of Nevada withdrawn from the case as to Defendant Adrian Guerrero. Defendant Guerrero shall have until 10/16/13, in which to retain new counsel or file a statemen t that he will proceed pro se. Clerk of Court shall serve a copy of this order on Defendant at address listed in this order. Parties shall have until 11/15/13, to file a joint pretrial order. Signed by Magistrate Judge Peggy A. Leen on 9/16/13. (Copies have been distributed pursuant to the NEF - cc: Defendant Guerrero - EDS)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 8 9 10 MICHAEL CLARK, ) ) Plaintiff, ) ) vs. ) ) OFFICER GUERRERO, ) ) Defendant. ) __________________________________________) Case No. 2:09-cv-00141-JCM-PAL ORDER (Mtn to Withdraw - Dkt. #137) 11 12 This matter is before the court on the Motion to Withdraw as Counsel (Dkt. #137) filed 13 September 12, 2013. Catherine Cortez Masto, Attorney General, and David T. Gluth, Deputy Attorney 14 General, seek to withdraw as counsel of record for Defendant Adrian Guerrero. The Motion represents 15 Guerrero is no longer employed by the Nevada Department of Corrections, and he advised the Attorney 16 General’s Office that he no longer wishes to be represented. Local Rule IA 10-6 provides that “no 17 withdrawal . . . shall be approved if delay of discovery, the trial or any hearing in the case would 18 result.” Plaintiff filed his complaint in state court, and on January 21, 2009, it was removed to this 19 court. See Petition for Removal (Dkt. #1). Discovery in this case closed on January 22, 2013. On 20 August 8, 2013 the district judge denied Defendant’s motion to dismiss. Therefore, pursuant to LR 26- 21 1 and the court’s discovery plan and scheduling order the parties were required to file a joint pretrial 22 order within 30 days. To date, the parties have not complied. 23 Having reviewed and considered the matter, and for good cause shown, 24 IT IS ORDERED: 25 1. The Motion to Withdraw as Counsel of Record (Dkt. #137) is GRANTED. 26 2. Defendant Guerrero shall have until October 16, 2013, in which to retain new counsel 27 who shall file a notice of appearance in accordance with the Local Rules of Practice or to 28 file a statement that he will proceed pro se, that is, represent himself. 1 3. 2 3 for sanctions, including case-dispositive sanctions. 4. 4 7 The Clerk of Court shall serve a copy of this Order on Defendant at: Adrian Guerrero 1901 N. Jones Blvd. Apt. N #1003 Las Vegas, NV 89108 5 6 Failure to comply with this order may result in a recommendation to the District Judge 5. The parties shall have until November 15, 2013 to file a joint pretrial order which fully complies with the requirements of LR 16-3 and 16-4. 8 Dated this 16th day of September, 2013. 9 10 11 ___________________________________ PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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