Righthaven LLC v. Allec et al

Filing 21

Second MOTION to Withdraw as Attorney by J. Malcolm DeVoy. by Defendant Rick Allec. Motion ripe 9/14/2011. (DeVoy, James)

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J. Malcolm DeVoy (Nevada Bar No. 11950)
[e-mail]
RANDAZZA LEGAL GROUP
7001 W. Charleston Boulevard, # 1043
Las Vegas, NV 89117
Telephone: [phone]
Facsimile: 305-437-7662
Randazza.com
Attorney for Defendant,
Michael “Rick” Allec

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RIGHTHAVEN, LLC, a Nevada limited
liability company,
Plaintiff,

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v.

Case No. 2:11-cv-00532

SECOND MOTION TO WITHDRAW

RICK ALLEC, an individual; and RX
ADVERTISING INC., LLC, a limited-liability
company of unknown origin,
Defendants.
SECOND MOTION TO WITHDRAW
Movant, J. Malcolm DeVoy, respectfully moves for withdrawal of his appearance as
counsel for defendant Michael “Rick” Allec in the above-captioned matter. A conflict has arisen
between Defendant and the movant’s law firm that falls within Rule 1.16(b) of the Nevada Rules
of Professional Conduct, and the movant can no longer represent Defendant in this action.
The Nevada Rules of Professional Conduct permit this withdrawal. Movant bases this
motion on Rule 1.16(b), subsections 4 (fundamental disagreement), 5, 6 and 7. Under Rule

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1.16(b)(1), this withdrawal will not cause prejudice to the client, who does not have an

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immediate need for representation and, even following an adverse ruling on the pending Motion

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to Dismiss, will have time to retain alternate counsel. Accordingly, all conditions of Local Rule

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10-6(e) have been satisfied, as withdrawal will cause no delay in the case.
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Randazza
Legal Group
7001 W. Charleston Bl.
# 1043
Las Vegas, NV 89117
[phone]

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In accordance with Rule 1.16(d), the undersigned has already conferred with the Client

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about this motion, provided notice of this motion’s filing, and taken the steps to end

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representation specified in that Rule, as applicable. Consistent with Local Rule 10-6(b), the

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undersigned has provided the affected Client with ample notice of this motion, as it is the

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consequence of protracted discussions; Client is fully informed of the movant’s actions.
Furthermore, movant provided a copy of the original withdrawal motion (Doc. # 19) to the client
shortly after it was filed, and has provided a draft of this motion to the client in advance of its
filing, per Local Rule 10-6(b)’s requirements and the Court’s recent order (Doc. # 20). Client is

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aware of the undersigned’s motions to withdraw from this matter, arising from movant’s notice

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to the Client. Furthermore, the undersigned has conferred with opposing counsel and provided

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notice of his intent to file a motion to withdraw from the case, also required by Local Rule 10-

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6(b). Plaintiff’s counsel has represented that the Plaintiff does not object to his withdrawal.

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Accordingly, the undersigned respectfully requests that the Court grant the instant motion.

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Dated: September 14, 2011

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Respectfully Submitted,

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RANDAZZA LEGAL GROUP

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J. Malcolm DeVoy IV

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Attorney for Defendant,
Michael “Rick” Allec

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Randazza
Legal Group
7001 W. Charleston Bl.
# 1043
Las Vegas, NV 89117
[phone]

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CERTIFICATE OF SERVICE
Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that I am a
representative of Randazza Legal Group and that on this 14th day of September, 2011, I caused
the document(s) titled:
to be served as follows:
[

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by depositing same for mailing in the United States Mail, in a sealed envelope
addressed to Steven A. Gibson, Esq., Righthaven, LLC, 9960 West Cheyenne
Avenue, Suite 210, Las Vegas, Nevada, 89129-7701, upon which first class
postage was fully prepaid; and/or

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Pursuant to Fed. R. Civ. P. 5(b)(2)(D), to be sent via facsimile as indicated; and/or

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to be hand-delivered;

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[X]

by the Court’s CM/ECF system.

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/s/ J. Malcolm DeVoy

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J. Malcolm DeVoy

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Randazza
Legal Group
7001 W. Charleston Bl.
# 1043
Las Vegas, NV 89117
[phone]

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