Biettchert v. The Vons Companies, Inc.

Filing 16

ORDER Granting 13 Motion to Withdraw as Attorneys for Plaintiff. Robert D. Vannah, Jason S Cook, and John B. Greene withdrawn from the case. FURTHER ORDERED that Plaintiff shall have until 10/17/11 in which to retain new counsel who shall file a notice of appearance or to file a statement that she will be proceeding pro se. Signed by Magistrate Judge Peggy A. Leen on 9/15/11. (Copies have been distributed pursuant to the NEF; cc Wendy Biettchert - MMM)

1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
7
8
9
10
11

WENDY BIETTCHERT,

)
)
Plaintiff,
)
)
vs.
)
)
THE VONS COMPANIES, INC., et al.,
)
)
Defendants. )
__________________________________________)

Case No. 2:11-cv-00010-JCM-PAL
ORDER
(Mtn to Withdraw - Dkt. #13)

12
13

This matter is before the court on the Motion to Withdraw, which was filed incorrectly as

14

Docket #13, and then correctly filed as Docket #14 on September 9, 2011. Robert D. Vannah and John

15

B. Greene and Jason S. Cook seek to withdraw as counsel of record for Plaintiff Wendy Biettchert. The

16

Motion represents communication has broken down to the point where counsel can no longer represent

17

Plaintiff. Counsel for Defendant The Vons Companies, Inc. filed a Notice of Non-Opposition (Dkt.

18

#15) on September 9, 2011. Local Rule IA 10-6 provides that “no withdrawal . . . shall be approved if

19

delay of discovery, the trial or any hearing in the case would result.” This case was removed to this

20

court on January 4, 2011, a Discovery Plan and Scheduling Order has been entered (Dkt #11) which

21

sets a January 11, 2012 discovery cutoff and there are no other pending motions.

22

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

23

IT IS ORDERED:

24

1.

The Motion to Withdraw (Dkt. #13) is GRANTED.

25

2.

Plaintiff shall have until October 17, 2011, in which to retain new counsel who shall file

26

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

27

statement that she will be proceeding pro se.

28

///

1

3.

2
3
4
5
6

Failure to comply with this order may result in a recommendation to the District Judge
for sanctions, including case-dispositive sanctions.

4.

The Clerk of Court shall serve a copy of this Order on Plaintiff at:
Wendy Biettchert
9522 W. Tropicana Avenue #2024
Las Vegas, NV 89147

Dated this 15th day of September, 2011.

7
8
9

___________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2