CO2 Design Group, Inc. et al v. Harrah's Imperial Palace Corporation

Filing 68

ORDER Granting 67 Notice of Change of Attorney filed by Harrah's Imperial Palace Corporation. ORDERED that Defendant's request to substitute James E. Whitmire and Jason D. Smith of Santoro Whitmire in place and stead of the law firm of Santoro, Drigg, Walch, Kearney, Holley & Thompson is GRANTED, subject to the provisions of LR IA 10-6(c) and (d). Signed by Magistrate Judge Peggy A. Leen on 3/5/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CO2 DESIGN GROUP, INC.,

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Plaintiff,
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vs.
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HARRAH’S IMPERIAL PALACE CORP.,
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Defendant.
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__________________________________________)

Case No. 2:10-cv-00053-KJD-PAL
ORDER
(Substitution of Counsel - Dkt. #67)

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This matter is before the court on a Substitution of Attorneys (Dkt. #67) filed March 1, 2012. It

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seeks to substitute James E. Whitmire and Jason D. Smith of Santoro Whitmire in the place and stead

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of the law firm of Santoro, Driggs, Walch, Kearney, Holley & Thompson as attorneys for Defendant

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Harrah’s Imperial Palace Corporation d/b/a Harrah’s Imperial Palace Hotel & Casino in this matter. LR

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IA 10-6(c) requires that any stipulation to substitute attorneys shall be by leave of court and shall bear

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the signature of the attorneys and the client represented. It provides that the signature of an attorney to

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substitute into a case “constitutes an express acceptance of all dates then set for pretrial proceedings, for

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trial or hearing, by the discovery plan, or in any court order.” LR IA 10-6(d) also provides that the

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substitution of an attorney “shall not alone be reason for delay of pretrial proceedings, discovery, the

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trial, or any hearing in this case.” A review of the docket reflects that Mssrs. Whitmire and Smith have

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represented since the beginning of this case. It appears that counsel have reorganized or changed law

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firms.

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Accordingly,

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IT IS ORDERED that Defendant’s request to substitute James E. Whitmire and Jason D. Smith

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of Santoro Whitmire in the place and stead of the law firm of Santoro, Driggs, Walch, Kearney, Holley

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& Thompson is GRANTED, subject to the provisions of LR IA 10-6(c) and (d).

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Dated this 5th day of March, 2012.

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_________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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