Alroma LLC, et al v. Silverleaf Financial, LLC et al

Filing 41

ORDER Granting 33 Motion to Withdraw as Attorney. Todd W Prall; Mark A. Hutchison and Joseph S. Kistler withdrawn from the case as counsel for Silverleaf Financial, LLC, Dwight Shane Baldwin, and Kim Schneider. FURTHER ORDERED that Dwight Shane B aldwin and Kim Schneider shall have until 3/22/12 to advise the Court if they will retain new counsel. Silverleaf Financial LLC must retain new counsel if it intends to continue to litigate this matter. The clerk shall add the last known address of D wight Shane Baldwin, Kimberly Schneider and Silverleaf Financial, LLC to the civil docket and serve a copy of this order at their last known addresses. FURTHER ORDERED that 40 Motion to Compel Mediation in Good Faith is granted to the extend that i f Defendants do not appear for the scheduled mediation conference and make a good faith effort to mediate on 2/23/12, the Court will entertain a motion for award of expenses incurred by Plaintiffs, together with the reasonable attorney's fees an d costs associated with Defendants' failure to participate in the mediation conference. Signed by Magistrate Judge George Foley, Jr. on 2/22/12. (Copies have been distributed pursuant to the NEF; cc Dwight Shane Baldwin, Kimberly Schneider and Silverleaf Financial LLC - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ALROMA, LLC, et al,

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Plaintiffs,
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vs.
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SILVERLEAF FINANCIAL, LLC, et al.,
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Defendants.
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__________________________________________)

Case No. 2:11-cv-01393-GMN-GWF
ORDER
Motion to Withdraw (#33)
Motion to Compel Mediation (#40)

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This matter comes before the Court on Hutchison & Steffen’s Motion to Withdraw and for

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Entry of Final Judgment for Costs and Fees (#33), filed on January 19, 2012; Plaintiffs’ Limited

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Opposition to Hutchison & Steffen’s Motion to Withdraw and for Entry of Final Judgment for

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Costs and Fees (#34), filed on January 24, 2012; and Hutchison & Steffen’s Reply to Plaintiffs’

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Response to Motion to Withdraw and for Entry of Final Judgment for Costs and Fees (#35). Also

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before the Court is NMBL Capital Group, Inc.’s Emergency Motion to Compel Mediation in Good

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Faith (#40), filed on February 17, 2012.

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I.

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Motion to Withdraw as Counsel (#33)
Defendants’ counsel Hutchison & Steffen requests the Court allow it to withdraw from

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representing Defendants Silverleaf Financial, LLC, Dwight Shane Baldwin and Kimberly

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Schneider. The Court finds Hutchison & Steffen substantially established good cause for

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withdrawal in this case and therefore grants its request. Hutchison & Steffen further request the

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Court enter a final judgment of costs and fees in the amount of $35,942.81, for attorney’s fees and

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costs incurred to date. The Court will take this matter under consideration and enter a report and

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recommendation.

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II.

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Motion to Compel Mediation in Good Faith (#40)
On December 16, 2011, the Court granted Plaintiff’s Motion for a Settlement Conference,

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giving the parties until January 4, 2012 to file a status report concerning the party’s agreement to

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mediate. On January 4, 2012, the parties informed the Court they have agreed to mediation with a

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private mediator on February 23, 2012. In light of Hutchison & Steffen’s withdrawal and other

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representations made by Defendants, Plaintiff NMBL Capital Group requests that the Court compel

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Defendants to attend the scheduled mediation and participate in good faith. The Court will grant

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Plaintiff’s Motion to Compel Mediation in Good Faith to the extent that if Defendants do not

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appear for the scheduled mediation conference and make a good faith effort to mediate, the Court

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will entertain a motion for award of expenses incurred by Plaintiffs, together with the reasonable

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attorney’s fees and costs associated with Defendants’ failure to participate in the mediation

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conference. Accordingly,

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IT IS HEREBY ORDERED that Hutchinson & Steffen’s Motion to Withdraw as Counsel
for Silverleaf Financial, LLC, Dwight Shane Baldwin, and Kim Schneider (#33) is granted.

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IT IS FURTHER ORDERED that Dwight Shane Baldwin and Kim Schneider shall have

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until Thursday, March 22, 2012, to advise the Court if they will retain new counsel. While

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Dwight Shane Baldwin and Kim Schneider may choose to retain new counsel or proceed in proper

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person, Silverleaf Financial LLC must retain new counsel if it intends to continue to litigate this

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matter. A corporation may appear in federal court only through licensed counsel. U.S. v. High

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Country Broad. Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993).

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IT IS FURTHER ORDERED that the Clerk of the Court shall:

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add the last known address of Dwight Shane Baldwin and Kimberly Schneider to

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the civil docket:

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Dwight Shane Baldwin
239 South Main Street, 15th Fl
Salt Lake City, UT 84111

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Kimberly Schneider
239 South Main Street, 15th Fl
Salt Lake City, UT 84111

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Silverleaf Financial, LLC
239 South Main Street, 15th Fl
Salt Lake City, UT 84111

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add the last known address of Silverleaf Financial, LLC to the civil docket:

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serve Dwight Shane Baldwin, Kimberly Schneider and Silverleaf Financial
LLC with a copy of this order at their last known addresses listed above.

IT IS FURTHER ORDERED NMBL Capital Group, Inc.’s Emergency Motion to Compel

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Mediation in Good Faith (#40) is granted to the extent that if Defendants do not appear for the

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scheduled mediation conference and make a good faith effort to mediate on February 23, 2012, the

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Court will entertain a motion for award of expenses incurred by Plaintiffs, together with the

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reasonable attorney’s fees and costs associated with Defendants’ failure to participate in the

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mediation conference.

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DATED this 22nd day of February, 2012.

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GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE

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