Gudenavichene v. BAC Home Loan Servicing, LP et al
Filing
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ORDER Granting 11 MOTION to Withdraw as Attorney John Peter Lee, Ltd. as to Birute Gudenavichene. Signed by Magistrate Judge George Foley, Jr on 7/7/2011. (Copies have been distributed pursuant to the NEF - SLR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BIRUTE GUDENAVICHENE,
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Plaintiff,
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vs.
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BAC HOME LOAN SERVICING, LP, et al.,
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Defendants.
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__________________________________________)
Case No. 2:11-cv-00687-RCJ-GWF
ORDER
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This matter is before the Court on Plaintiff’s counsel John Peter Lee, LTD.’s Motion to
Withdraw from Representation of Birute Gudenavichene (#11), filed June 17, 2011.
Pursuant to this Court’s Local Rules, “[n]o attorney may withdraw after appearing in a case
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except by leave of court after notice served on the affected client and opposing counsel.” LR IA
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10-6(b). The rule further provides that withdrawal “shall not alone be reason for delay of pretrial
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proceedings, discovery, the trial, or any hearing in the case.” LR IA 10-6(d). Absent good cause,
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“no withdrawal ... shall be approved if delay of discovery, the trial or any hearing in the case would
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result.” LR IA 10-6(e). “Where delay would result, the papers seeking leave of court for the
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withdrawal ... must request specific relief from the scheduled trial or hearing.” Id.
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The complaint (#1) in this matter was filed on April 29, 2011. The summons (#3) was
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issued on May 2, 2011 and, on that same date, Plaintiff filed a Motion for Temporary Restraining
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Order (#6), which was denied on May 3, 2011.1 Plaintiff also filed a Motion for Preliminary
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Injunction (#5), which is currently set for hearing on September 9, 2011 before Chief Judge Jones.
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Given that there are over sixty (60) days before the scheduled hearing, the Court finds the
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likelihood of delay as a result of this withdrawal is minimal. Nevertheless, the Court will require
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According to the motion (#11), service has not been accomplished on defendants.
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withdrawing counsel to serve Plaintiff with a copy of this order and a copy of the docket to ensure
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that Plaintiff is made aware of the pending hearing and any possibility of delay mitigated.
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Accordingly,
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IT IS HEREBY ORDERED that Plaintiff’s counsel John Peter Lee, LTD.’s Motion to
Withdraw from Representation of Birute Gudenavichene (#11) is granted.
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IT IS FURTHER ORDERED that Plaintiff’s counsel John Peter Lee, LTD. shall provide
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Plaintiff Birute Gudenavichene with a copy of this order and a copy of the docket report. Plaintiff
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shall have until August 1, 2011, to advise the Court if new counsel will be retained.
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IT IS FURTHER ORDERED the Clerk of the Court shall add the last known address of
Plaintiff Birute Gudenavichene to the civil docket:
Birute Gudenavichene
9 Grand Corniche
Henderson, Nevada 89011
Ph: (702) 326-2511
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IT IS FURTHER ORDERED that the Clerk of the Court shall serve Plaintiff Birute
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Gudenavichene with a copy of this order and a copy of the docket report at her last known
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addresses listed above.
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DATED this 7th day of July, 2011.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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