Greene v. Alan Waxler Group Charter Services, LLC

Filing 107

ORDER Granting 105 Motion to Withdraw as Attorney by Norman H. Kirshman. Signed by Magistrate Judge Robert J. Johnston on 6/28/12. (Copies have been distributed pursuant to the NEF - MMM)

MOT
Nonnan H. Kirshman, Esq.
State Bar Number: 2733
700 South Third Street
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendants

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA

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ROBERT GREENE, on behalf of himself and
10 all others similarly situated,

CASE NO.:

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Consolidated with Case No.:
2:09-cv-00914-LDG-PAL

Plaintiffs,

2:09-cv-00748-JCM-RJJ

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v.

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14 ALAN WAXLER GROUP CHARTER
SERVICES, LLC, dba AWG CHARTER
15 SERVICES, a Nevada Limited Liability
Company, Does and Roes 1-50, inclusive
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MOTION TO WITHDRAW AS

COUNSEL FOR DEFENDANT

Defendants.

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SAM BAUM, et aI,
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Plaintiffs,

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22 ALAN WAXLER et aI,

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Defendants.
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Nonnan H. Kirshman, P.C., counsel for Defendant, ALAN WAXLER GROUP CHARTER
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SERVICES, LLC, dba AWG CHARTER SERVICES, hereby moves this Honorable Court to allow
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him to withdraw as counsel of record for Defendants.
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This Motion is made and based upon the pleadings and papers on file in this action. Points
2 and Authorities filed herewith and Affidavit ofNorman H. Kirshman, attached hereto, together with
3 testimony to be adduced at the time of hearing.
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5 DATED: June~, 2012.
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NORMAN H. KlRSHMAN, P.C.

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~!I~
Norman H. Kirshman (2733)

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700 S. Third St.
Las Vegas, NY 89101
Attorney for Defendants

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NOTICE OF MOTION

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TO:

All Interested Parties and Their Attorneys of Record:

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PLEASE TAKE NOTICE that the undersigned will bring the above and foregoing Motion on

16 for hearing before the above entitled Court on the..<_"__ day of
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, 2012, at the hour of

.m., or as soon thereafter as counsel may be heard.

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19 DATED: JuneAO ,2012.

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NORMAN H. KlRSHMAN, P.C.

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Norman H. Kirshman (2733)
700 S. Third St.
Las Vegas, NV 89101
Attorneyfor Defendants

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MEMORANDUM OF POINTS AND AUTHORITIES
Nevada Supreme Court Rule 46 authorizes an attorney to withdraw "[u]pon order ofthe court

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3 or judge thereof on the application of the attorney or the client." NSCR 46. EDCR 7.40, authorizes

4 an attorney to withdraw in a case. The reasons for the request to withdraw as attorney of record are
5 detailed in the Declaration attached hereto and incorporated herein by reference. Nevada Rules of
6 Professional Conduct 1.16(b)(7) provides that an attorney may withdraw from representation "with
7 good cause."

8 DATED: June ...1 0 ,2012.

NORMAN H. KlRSHMAN, P.c.

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~~I/~

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Norman H. Kirshinan (2733)
700 S. Third St.
Las Vegas, NV 89101
Attorneyfor Defendants

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DECLARATION OF NORMAN H. KIRSHMAN

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I, Norman H. Kirshman, declare as follows:

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All parties to the litigation have been apprised of this Motion verbally and were served with

17 copies when the Motion was filed in the Eighth Judicial District Court, prior to the removal to this
18 Court.

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The reasons are:

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1.

Defendant refuses to pay outstanding fees.

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2.

Defendant is represented by other counsel, Gordon & Silver.

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I declare under penalty ofperjury under the laws ofthe State ofNevada that the context ofthis

24 Declaration is true to the best of my recollections and belief.

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Dated:~M><e~ J[J

.2012

SO ORDERED.
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____________________________
U.S. MAGISTRATE JUDGE
DATE: JUNE 28, 2012

Nonnan H. Kirslunan

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