Kristensen v. Credit Payment Services Inc.

Filing 117

ORDER that 115 Notice of Appearance and 116 Motion to Withdraw as Attorney are DENIED without prejudice. Counsel shall submit a substitution of attorneys that complies with the provisions of LR 10-6(c). Signed by Magistrate Judge Peggy A. Leen on 11/5/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FLEMMING KRISTENSEN,

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Plaintiff,
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vs.
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CREDIT PAYMENT SERVICES, INC., et al.,
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Defendants. )
__________________________________________)

Case No. 2:12-cv-00528-APG-PAL
ORDER

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Before the court is attorneys Steven Martin Aaron, Gregory T. Wolf, and the Law Firm of

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Dentons US LLP and Martin L. Welsh’s Notice of Appearance (Dkt. #115), and Attorney Timothy

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Walton’s Notice of Withdrawal (Dkt. #116). It appears from a review of the documents, that attorneys

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Steven Martin Aaron, Gregory T. Wolf, and the Law Firm of Dentons US LLP and Law Offices of

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Hayes & Welsh are attempting to substitute in as counsel for Defendant Credit Payment Services, Inc.,

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in the place of Timothy Walton. LR IA 10-6 governs appearances, substitutions and withdrawals of

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counsel in this district. LR IA 10-6 (b) prohibits an attorney from withdrawing after appearing in a case

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except by leave of Court with notice to the client and opposing counsel. LR IA 10-6 (c) requires that

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“any stipulation to substitute attorneys shall be by leave of Court and shall bear the signatures of the

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attorneys and of the client represented.” The notices do not contain the signature of the client, and are

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not effective without the client’s signature and the court’s order.

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Additionally, the signature of an attorney to substitute “constitutes an express acceptance of all

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dates then set for pretrial proceedings, for trial or hearing, by the discovery plan, or any other Court

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order.” LR IA 10-6 (c). Finally, LR IA 10-6 (d) provides that withdrawal or substitution of an attorney

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“shall not alone be a reason for delay of pretrial proceedings, discovery, the trial, or any hearing in the

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case.” The Plaintiff filed a Motion to Certify Class (Dkt #113) October 31, 2013. Responses are due

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November 17, 2013.

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IT IS ORDERED that:

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The Notice of Appearance (Dkt. #115), and A Notice of Withdrawal (Dkt. #116) are
DENIED without prejudice.

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Counsel shall submit a substitution of attorneys that complies with the provisions of
LR 10-6(c),

Dated this 5th of November, 2013.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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