Saintal v. Foster et al

Filing 104

ORDER Granting 103 Motion to Withdraw as Attorney, effective 3/9/16. Mr. Owens shall have until March 9, 2016 to retain counsel who shall make an appearance in accordance with the Local Rules of Practice, or file a statement that he will be a ppearing pro se, that is, representing himself. The Attorney General shall serve Mr. Owen with a copy of this order at his last known address and file proof of service with the Clerk of Court. Signed by Magistrate Judge Peggy A. Leen on 2/9/16. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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PRISCELLA SAINTAL, #28661,

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Case No. 2:11-cv-00445-RFB-PAL
Plaintiff,

ORDER

v.
(Mot. to Withdraw - Dkt. #103)
SHERYL FOSTER, et al.,
Defendants.

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This matter is before the court on the Attorney General’s Motion to Withdraw as

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Attorney of Record for Defendant Joseph Owens (Dkt. #103) filed February 4, 2016. The

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motion represents that the Attorney General’s Office has been unable to communicate with

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Defendant Joseph Owens despite multiple attempts to reach him at his last known phone number

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and by certified mail at his last known address to respond to outstanding discovery obligations.

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NRS 41.0346 allows the Attorney General to withdraw if a former employee fails to cooperate in

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the defense. The Attorney General therefore seeks to withdraw asserting Mr. Owen’s failure to

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respond or make himself available to defense counsel constitutes a failure to cooperate in good

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faith. Without his cooperation the Attorney General argues he is unable to ethically represent

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Mr. Owens.

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The motion does not list Mr. Owens’ last known address or phone number. However, the

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attached exhibits provide the address at which the Attorney General directed its correspondence.

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The last letter to Mr. Owen was sent January 26, 2016 and advised him that if he failed to contact

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counsel a motion to withdraw would be filed.

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Having reviewed and considered the matter,

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IT IS ORDERED:

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1.

The Motion to Withdraw (#103) is GRANTED, effective March 9, 2016.
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2.

Mr. Owens shall have until March 9, 2016 to retain counsel who shall make an

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appearance in accordance with the Local Rules of Practice, or file a statement that

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he will be appearing pro se, that is, representing himself.

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3.

Failure to timely comply with this order may result in sanctions up to and

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including a recommendation to the district judge that his answer be stricken and

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default judgment be entered against him.

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4.

The Attorney General shall serve Mr. Owen with a copy of this order at his last
known address and file proof of service with the Clerk of Court.

DATED this 9th day of February, 2016.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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