The Erection Company v. Archer Western Contractors, LLC et al

Filing 130

ORDER Granting 128 Defendants' Motion to Withdraw as Attorney. Garry L. Hayes and Martin L. Welsh withdrawn from the case. Defendants Postel Erection Group, L.L.C., Postel-West, Inc., and Postel Industries, Inc., shall have until 12/5/2013 to retain new local counsel. Signed by Magistrate Judge Nancy J. Koppe on 11/14/2013. (Copies have been distributed pursuant to the NEF - CC: Postel Erection Group, L.L.C., Postel-West, Inc., and Postel Industries via mail - AC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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THE ERECTION COMPANY,
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Plaintiff,
vs.
ARCHER WESTERN CONTRACTORS,
LLC, et al.,

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Defendants.

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2:12-cv-00612-MMD-NJK

ORDER

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This matter is before the court on the Motion to Withdraw as Local Counsel for Defendants

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Postel Erection Group, L.L.C., Postel-West, Inc., and Postel Industries, Inc., Docket No. 128, filed

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November 13, 2013. The Law Office of Hayes & Welsh seeks to withdraw as local counsel of record

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for the above Defendants. The Motion represents that communications and discussion with co-counsel

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for Defendants, Steve M. Willard, have broken down and made it unreasonably difficult for the Law

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Office of Hayes & Welsh to continue its representation as local counsel. Additionally, according to the

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motion, Steve M. Willard, a Texas-based attorney, will continue to represent the above named

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Defendants and has indicated that he will obtain other local counsel. Local Rule IA 10-6 provides that

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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.”

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Having reviewed and considered the matter, and for good cause shown,

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IT IS ORDERED:

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The Motion the Motion to Withdraw as Local Counsel for Defendants Postel Erection

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Group, L.L.C., Postel-West, Inc., and Postel Industries, Inc., Docket No. 128, is

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GRANTED.

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An attorney who is not a member of the Bar of the Court, who has been retained to

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appear in a particular case, may only do so with permission of this Court. LR IA 10-2(a).

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Further, such attorney must associate with an active member in good standing of the

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State Bar of Nevada as counsel of record in the action or proceeding. LR IA 10-2(a)(5).

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Therefore, Defendants Postel Erection Group, L.L.C., Postel-West, Inc., and Postel

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Industries, Inc., shall have until December 5, 2013 to retain new local counsel, who

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shall file a notice of appearance in accordance with the Local Rules of Practice.

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3.

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Failure to comply with this order may result in a recommendation to the District Judge
for sanctions, including case-dispositive sanctions.

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The Clerk of Court shall serve a copy of this Order on Postel Erection Group, L.L.C.,

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Postel-West, Inc., and Postel Industries, Inc. at:

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Postel Erection Group, L.L.C.
Postel-West, Inc.
Postel Industries, Inc.
c/o Michael W. Postel
11210 Steeplecrest, Ste. 260
Houston, TX 77065

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Dated: November 14, 2013

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___________________________________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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