Righthaven LLC v. EMTCity.com et al

Filing 41

ORDER Granting 40 Motion to Withdraw as Attorney by Anne Pieroni as counsel of record for Righthaven. Signed by Judge Howard D. McKibben on 4/14/11. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:10-cv-00854-HDM -PAL Document 40-1

1
2
3
4

Filed 04/06/11 Page 1 of 2

ANNE E. PIERONI, ESQ.
Nevada Bar No. 9650
[e-mail]
9960 West Cheyenne Avenue, Suite 210
Las Vegas, Nevada 89129-7701
Tel.: [phone]
Fax: [phone]

5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8
9

RIGHTHAVEN LLC, a Nevada limitedliability company,
Plaintiff,

10
11
12
13

Case No.: 2:10-cv-00854-HDM-PAL
ORDER GRANTING MOTION TO
WITHDRAW AS COUNSEL OF RECORD

v.
EMTCITY.COM, an entity of unknown
origin and nature; and CHRISTOPHER J.
MALLEY, an individual,

14

Defendants.

15
16
17
18
19

ANNE E. PIERONI, ESQ. respectfully moves this court for an order permitting
Anne Pieroni, Esq. ("Ms. Pieroni"), who has appeared in these proceedings, to withdraw as
counsel for Righthaven LLC ("Righthaven"), in the above captioned matter, pursuant to Local

20

Rule IA 10-6, S.C.R 46, and N.R.P.C 1.16 (b)(1) and (7). This Motion is made and based upon
21
22
23
24

the Memorandum of Points and Authorities submitted herein, as well as the pleadings and papers
on file herein.
MEMORANDUM OF POINTS AND AUTHORITIES
Ms. Pieroni is no longer employed as counsel at Righthaven. Furthermore, Ms. Pieroni

25

was not retained to represent Righthaven as outside counsel, in the above captioned matter, or

26

any other pending case or matter before this Court on behalf of Righthaven. The Local Rule IA

27

10-6 (a) provides that "No attorney may withdraw after appearing in a case except by leave of

28

court after notice served on the affected client and opposing counsel." Righthaven received

1

Case 2:10-cv-00854-HDM -PAL Document 40-1

1
2
3
4

Filed 04/06/11 Page 2 of 2

notice of Ms. Pieroni’s intent to withdraw from this case, and all other Righthaven cases, upon
Ms. Pieroni’s final week of employment with Righthaven.
Additionally, Defendants’ counsel in this case will receive notice of this Motion to
Withdraw via the CM/ECF system, pursuant to the certificate of service attached herein.
Additionally, Local Rule IA 10-6 (e) provides that "no withdrawal... shall be approved if delay of

5

discovery, the trial or any hearing in the case would result." Here, no delay of any kind will

6

result from Ms. Pieroni's withdrawal because Righthaven is represented in this matter by

7

outside counsel, Shawn A. Mangano, Esq., having previously appeared before this Court, as well

8

as various in-house counsel employed by Righthaven. Ms. Pieroni's withdrawal will not

9

prejudice either party or delay any proceeding in this matter.
CONCLUSION

10
11
12

For the reasons set forth above, Ms. Pieroni respectfully moves this Court to enter an
Order approving the withdrawal of Ms. Pieroni as a counsel of record for Righthaven in the
above captioned matter.

13
14

Dated this 6th day of April, 2011.
By: /s/ Anne E. Pieroni, Esq.
ANNE E. PIERONI, ESQ.
Nevada Bar No. 9650
[e-mail]
9960 West Cheyenne Avenue, Suite 210
Las Vegas, Nevada 89129-7701
Tel.: [phone]

15
16
17
18
19
20

IT IS SO ORDERED:

21
22
23

_______________________________
UNITED STATES DISTRICT JUDGE
April 14, 2011
DATED: _______________________

24
25
26
27
28

2