Evans et al v. Insulation Maintenance and Contracting et al

Filing 44

ORDER Granting 43 Motion to Withdraw as Attorney. Roger L Grandgenett and James T Winkler withdrawn from the case as to Insulation Maintenance and Contracting and Tracy Bullock. Insulation Maintenance and Contracting shall have until 5/23/11 in w hich to retain new counsel. Tracy Bullock shall have until 5/23/11 in which to retain new counsel or file a statement that he will proceed pro se. Counsel shall have until 6/2/2011 to submit a proposed stipulated Discovery Plan/Scheduling Order. Clerk shall serve a copy of this order on Defendants Insulation Maintenance and Contracting and Tracy Bullock at addresses listed in order. Signed by Magistrate Judge Peggy A. Leen on 5/4/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CHAD EVANS, et al.,

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Plaintiffs,
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vs.
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INSULATION MAINTENANCE AND
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CONTRACTING, et al.,
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Defendant.
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__________________________________________)

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Case No. 2:10-cv-01425-LRH-PAL
ORDER
(Mtn to Withdraw - Dkt. #43)

This matter is before the court on the Motion to Withdraw as Counsel of Record for Defendant

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Insulation Maintenance and Contracting and Defendant Tracy Bullock (Dkt. #43) filed May 3, 2011.

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James Winckler and Roger Grandgenett of the law firm of Littler Meldelson, PC, seek to withdraw as

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counsel of record for Defendants Insulation Maintenance and Contracting (“Insulation”), and Tracy

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Bullock (“Bullock”). The Motion represents that there has been a breakdown in communication

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between the law firm and Defendants Insulation and Bullock, and that the law firm has not been paid

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for legal services rendered since September 2010. Defense counsel believes that because of the

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breakdown in communication and the failure for Defendants Insulation and Bullock to fulfill their

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obligations under the contract, the attorney-client relationship has become strained to the point that

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defense counsel cannot adequately continue to represent them Local Rule IA 10-6 provides that “no

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withdrawal . . . shall be approved if delay of discovery, the trial or any hearing in the case would

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result.”

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The Complaint in this matter was filed on August 23, 2010. In a Stipulation and Order (Dkt.

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#33) entered January 10, 2011, the court vacated the previous scheduling order and stayed discovery

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pending the court’s ruling on Defendant Payroll Solutions I, Inc.’s (“Payroll”) motion to dismiss. The

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stipulation provided that: “Not less than ten (10) days, following the Court’s ruling on Defendant

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Payroll Solutions I, Inc.’s Motion to Dismiss, the remaining parties shall meet and confer regarding an

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amended stipulated discovery plan and amended proposed scheduling order.” The Order (Dkt. #41)

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denying Payroll’s motion to dismiss was entered April 28, 2011. Defense counsel filed the instant

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motion before the parties have had a chance to meet and confer to submit an amended stipulated

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discovery plan and scheduling order.

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Having reviewed and considered the matter, and for good cause shown,

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IT IS ORDERED:

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1.

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The Motion to Withdraw as Counsel of Record for Defendant Insulation Maintenance
and Contracting and Defendant Tracy Bullock (Dkt. #43) is GRANTED.

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Defendant Tracy Bullock shall have until May 23, 2011, in which to retain new counsel

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who shall file a notice of appearance in accordance with the Local Rules of Practice or to

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file a statement that he will be proceeding pro se.

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3.

A corporation cannot appear except through counsel. U.S. v. High Country

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Broadcasting Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993); Rowland v. California Men’s

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Colony, 506 U.S. 194, 201-02 (1993). Therefore, Defendant Insulation Maintenance and

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Contracting shall have until May 23, 2011, in which to retain new counsel who shall file

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a notice of appearance in accordance with the Local Rules of Practice.

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4.

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Counsel shall have until June 2, 2011, to meet and confer and to submit a proposed
stipulated Discovery Plan and Scheduling Order with the court.

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5.

Failure to timely comply with this order may result in sanctions.

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6.

The Clerk of Court shall serve a copy of this Order on Defendants Insulation

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Maintenance and Contracting, and Tracy Bullock at:

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Insulation Maintenance and Contracting
2421 E. Gowan,
North Las Vegas, Nevada 89030

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Tracy Bullock
2421 E. Gowan
North Las Vegas, Nevada 89030
Dated this 4th day of May, 2011.
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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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