Federal Trade Commission v. AMG Services, Inc. et al

Filing 1101

ORDER Granting 1094 Motion to Withdraw as Attorney for Relief Defendants Kim Tucker and Park 269, LLC. Linda C. McFee and Robert Peter Smith withdrawn from the case. Signed by Magistrate Judge Cam Ferenbach on 12/1/16. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 Linda C. McFee, Esq. (admitted pro hac vice) R. Pete Smith, Esq. (admitted pro hac vice) MCDOWELL, RICE, SMITH & BUCHANAN 605 West 47th Street, Suite 350 Kansas City, MO 64112 Tel: (816) 753-5400 Email: petesmith@mcdowellrice.com lmcfee@mcdowellrice.com 7 8 Attorneys for Relief Defendants Kim C. Tucker and Park 269 LLC 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 FEDERAL TRADE COMMISSION, Case No. : 2:12-cv-00536-GMN-VCF 13 Plaintiff, RELIEF DEFENDANTS’ MOTION TO WITHDRAW ATTORNEYS 14 15 16 17 vs. AMG SERVICES, INC., et al., Defendants, and 18 PARK 269 LLC, a Kansas Limited Liability 19 Company; and KIM C. TUCKER, in her individual and corporate capacity, 20 Relief Defendants. 21 22 23 Pursuant to LR IA 11-6(b), Relief Defendants Kim Tucker and Park 269, LLC, and 24 25 attorneys Pete Smith and Linda Mcfee (“the Withdrawing Lawyers”) respectfully move the Court for 26 leave to withdraw as attorneys in this case, stating as follows: 27 28 1 2 3 1. On September 30, 2016, the Court entered a final judgment in this case. (ECF No. 1057.) The Withdrawing Lawyers have prepared and submitted pleadings responsive to all postjudgment filings of the FTC. The Withdrawing Lawyers also have engaged on behalf of the Relief 4 Defendants in negotiations attempting to resolve the pending Motion for Order Directing Turnover of 5 6 Assets (ECF No. 1059, “Turnover Motion”), the motion for Appointment of a Receiver (ECF No. 7 1064 (filed under seal), “Receiver Motion”), and the oppositions filed thereto. Those negotiations 8 will conclude, successfully or otherwise, prior to November 28, 2016. The Relief Defendants’ 9 deadline for filing a notice of appeal is November 29, 2016. 10 2. The Withdrawing Lawyers have confirmed that the Relief Defendants have other legal 11 12 13 14 15 counsel who will enter an appearance in this case and file a notice of appeal on the November 29, 2016 deadline. The Relief Defendants and new counsel will prosecute that appeal. 3. With the entry of judgment and with new counsel entering an appearance to advance the appeal, Relief Defendants’ attorneys Pete Smith and Linda Mcfee will cease representing the 16 Relief Defendants in this case. 17 18 4. Notice of the withdrawal of attorneys Pete Smith and Linda Mcfee has been provided 19 to the Relief Defendants, and, as stated in the certificate of service, to opposing counsel. The Relief 20 Defendants consent to the withdrawal. 21 22 5. Because the Court has entered final judgment (ECF No. 1057), and because new attorneys are assuming responsibility for any further proceedings in this Court, the withdrawal of 23 attorneys Pete Smith and Linda Mcfee shall not cause any delay of pretrial proceedings, discovery, 24 25 26 27 28 the trial or any hearing in this case. 6. WHEREFORE, the Relief Defendants and Pete Smith and Linda Mcfee respectfully move the Court for leave to withdraw. 1 Dated: November 28, 2016 Respectfully submitted, 2 3 /s/ Linda Mcfee Linda C. McFee, Esq. R. Pete Smith, Esq. McDowell, Rice, Smith & Buchanan 605 West 47th Street, Suite 350 Kansas City, MO 64112 4 5 6 7 Attorneys for Relief Defendants Kim C. Tucker and Park 269 LLC 8 9 10 11 IT IS SO ORDERED 12 13 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: December 1, 2016

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