Gibilterra v. Aurora Loan Services LLC et al

Filing 23

ORDER Granting 22 Motion to Withdraw as Attorney. IT IS FURTHER ORDERED that the Clerk of Court serves a copy of this Order on Plaintiff (see Order for address). The parties must file a Discovery Plan/Scheduling Order by 6/28/2013. Signed by Magistrate Judge Cam Ferenbach on 6/17/2013. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOSEPH A. GIBILTERRA,
Plaintiff,

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2:12-cv-00685-JCM-VCF
vs.

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ORDER
AURORA LOAN SERVICES, LLC, et al.,

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Defendants.
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Before the Court is Plaintiff’s Motion to Withdraw as Attorney. (#22).
Relevant Background:

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This case was removed on April 25, 2012. (#1). Defendant Quality Loan Service Corp.

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(hereafter “Defendant”) filed a Motion to Dismiss on May 7, 2012. (#11). On May 4, 2012, Plaintiff

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filed a Motion to Remand. (#9). The Response to the Motion to Remand was filed on May 4, 2012

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(#10) and the Reply on May 25, 2012 (#12).

On May 18, 2012, the Court denied the Motion to

Remand. (#16). On May 24, 2012, Opposition to the Motion to Dismiss was filed and the Reply was

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filed on May 25, 2012. (#’s 19 & 20). On May 25, 2012, the parties filed a Joint Status Report. (#21).
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In the Joint Status Report, the parties request the Court rule on the pending Motion to Dismiss. Id. On
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June 4, 2013, Plaintiff filed the Motion to Withdraw as Attorney. (#22). John C. Courtney, Esq. and the
law firm of John Peter, Ltd. seek to withdraw as attorneys of record for Plaintiff Joseph Gibilterra.

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Counsel states that the firm’s scope of work was to keep Plaintiff in his residence. Plaintiff has since

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vacated his residence and there has been no activity in the instant action for more than one year. Id.

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Discussion:
Local Rule IA 10-6 provides that “no withdrawal . . . shall be approved if delay of discovery, the

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trial or any hearing in the case would result.” On May 7, 2012, Defendant filed a Motion to Dismiss.

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(#11). To date, a Discovery Plan and Scheduling Order has not been entered. Trial has not been set in

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this matter but there is a pending dispositive motion. The Motion to Dismiss (#11) is pending before the

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Court but no hearing has been scheduled.

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Defendant has not filed an opposition to the Motion to Withdraw As Counsel. Local Rule 7-2(d)

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states that “[t]he failure of an opposing party to file points and authorities in response to any motion

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shall constitute a consent to the granting of the motion.”

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Defendant Quality Loan Service Corp. appeared in the instant action by filing a Motion to
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Dismiss on May 7, 2012. (#11). Defendants Quality Loan Servicing Corporation and Mortgage Electric
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Registration Systems, Inc. were served April 24, 2012 (#’s 6 & 7) but have not answered or made an
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appearance. Pursuant to Local Rule 26-1(d), “[c]ounsel for plaintiff shall initiate the scheduling of the

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Fed. R. Civ. P. 26(f) meeting within thirty (30) days after the first defendant answers or otherwise

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appears.” It has been over a year since Defendant Quality Loan Service Corp. appeared.

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finds that the parties must file a Discovery Plan and Scheduling.

The Court

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

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IT IS HEREBY ORDERED that the Motion to Withdraw As Counsel (#22) is GRANTED.

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IT IS FURTHER ORDERED that the Clerk of Court serves a copy of this Order on Plaintiff

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Gibilterra at:
Joseph Gibilterra
P.O. Box 50802
Henderson, Nevada 89016

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IT IS FURTHER ORDERED that the parties must file a Discovery Plan and Scheduling Order
on or before June 28, 2013.
DATED this 17th day of June, 2013.
_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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