Tate, Jr., M.D. v. University Medical Center Of Southern Nevada et al

Filing 405

ORDER Granting 404 Motion to Withdraw as Attorney. John P. Aldrich withdrawn from the case. Signed by Magistrate Judge Nancy J. Koppe on 7/13/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:09-cv-01748-JAD-NJK Document 404 Filed 07/12/17 Page 1 of 4

1 John P. Aldrich, Esq.
Nevada Bar No. 6877
2 ALDRICH LAW FIRM, LLP
1601 S. Rainbow Boulevard, Suite 160
3 Las Vegas, Nevada 89146
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RICHARD TATE, as Special Administrator
CASE NO. 2:09-cv-01748-JAD-NJK
8 for the Estate of JAMES S. TATE, JR., M.D.,
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Plaintiff,
MOTION FOR LEAVE TO WITHDRAW
AS COUNSEL

vs.

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12 UNIVERSITY MEDICAL CENTER OF
SOUTHERN NEVADA, a county hospital
13 pursuant to NRS 450, et. seq.; et. al.
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Defendant.

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John P. Aldrich, Esq., and the Aldrich Law Firm, Ltd., hereby moves for leave of Court to

18 withdraw as co-counsel for Plaintiff RICHARD TATE, as Special Administrator for the Estate of
19 JAMES S. TATE, JR., M.D. This pleading is based on the accompanying Points and Authorities,
20 the Declaration, and the papers and pleadings already on file in this matter.
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Dated this 12th day of July, 2017.

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ALDRICH LAW FIRM, LLP

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/s/ John P. Aldrich__________
John P. Aldrich, Esq.
Nevada Bar No. 6877
1601 S. Rainbow Boulevard, Suite 160
Las Vegas, Nevada 89146
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Case 2:09-cv-01748-JAD-NJK Document 404 Filed 07/12/17 Page 2 of 4

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POINTS AND AUTHORITIES
Counsel moves to withdraw as co-counsel of record for Plaintiff RICHARD TATE, as

3 Special Administrator for the Estate of JAMES S. TATE, JR., M.D. Counsel cannot withdraw
4 without leave of court. See United States District Court, Rules of Practice, Local Rule IA 10-6(b),
5 as amended effective May 1, 2016.
6

Nevada Rule of Professional Conduct 1.16(b) provides in relevant part as follows:

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(b) Except as stated in subsection 3, a lawyer may withdraw from representing a
client if:
(1) Withdrawal can be accomplished without material adverse effect on
the interests of the client;
... or
(7) Other good cause for withdrawal exists.

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As shown by the Declaration of John P. Aldrich, Esq., filed in support of this Motion to

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12 Withdraw as Attorney of Record, withdrawal is appropriate. The trial has concluded and the
13 matter has been appealed. Mr. Aldrich is not representing Plaintiff on the appeal. There has been
14 some subsequent motion practice related to the appeal, to which Mr. Hafter has responded.
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If this motion is granted, Plaintiff will still be represented by Jacob Hafter, Esq., who is

16 local in Nevada. Accordingly, Mr. Hafter remains the attorney of record for Plaintiff. As such,
17 my withdrawal can be accomplished without material adverse effect on the interests of the client.
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Dated this 12th day of July, 2017.

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ALDRICH LAW FIRM, LLP

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/s/ John P. Aldrich__________
John P. Aldrich, Esq.
Nevada Bar No. 6877
1601 S. Rainbow Boulevard, Suite 160
Las Vegas, Nevada 89146
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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IT IS SO ORDERED.
22 Dated: July 13, 2017
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___________________________
United States Magistrate Judge

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Case 2:09-cv-01748-JAD-NJK Document 404 Filed 07/12/17 Page 3 of 4

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DECLARATION OF JOHN P. ALDRICH, ESQ.

2 STATE OF NEVADA
3 COUNTY OF CLARK
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)
) ss:
)

I, John P. Aldrich, declare under penalty of perjury that:
1.

I am licensed to practice law in the State of Nevada. I have served as co-counsel of

record for Plaintiff RICHARD TATE, as Special Administrator for the Estate of JAMES S.
TATE, JR., M.D.
2.

The trial has concluded and the matter has been appealed.

I am not representing

Plaintiff on the appeal. There has been some subsequent motion practice related to the appeal, to
which Mr. Hafter has responded.
2.

Plaintiff is still represented by Jacob Hafter, Esq., who is local in Nevada.

Accordingly, Mr. Hafter remains the attorney of record for Plaintiff. As such, my withdrawal can
be accomplished without material adverse effect on the interests of the client.
3.

The facts stated in the Motion for Leave to Withdraw as Attorney are true and

accurate to the best of my knowledge.
Dated this 12th day of July, 2017.
ALDRICH LAW FIRM, LLP
/s/ John P. Aldrich__________
John P. Aldrich, Esq.
Nevada Bar No. 6877
1601 S. Rainbow Boulevard, Suite 160
Las Vegas, Nevada 89146
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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