Pate v. Wal-Mart Stores, Inc.

Filing 16

ORDER Granting 15 Plaintiff's Motion to Withdraw as Attorney of Record. Ben J Bingham withdrawn from the case. Plaintiffs shall have until 02/14/2013, in which to retain new counsel who shall file a notice of appearance or to file a statement that they will proceed pro se. Signed by Magistrate Judge Peggy A. Leen on 01/14/2013. (Copies have been distributed pursuant to the NEF - CC: Plaintiff via mail at: 837 E. Thompson Blvd., Ventura, CA 93001 - AC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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QUATRELA PATE, et al.,

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Plaintiffs,
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vs.
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WAL-MART STORES, INC., et al.,
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Defendants. )
__________________________________________)

Case No. 2:12-cv-01377-GMN-PAL
ORDER
(Mtn to Withdraw - Dkt. #15)

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This matter is before the court on the Motion to Withdraw as Counsel of Record (Dkt. #15) filed

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January 2, 2013. Ben J. Bingham seeks to withdraw as counsel of record for Plaintiffs Quatrela Pate

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and De’Jior Payne. De’Joir Payne is Ms. Pate’s minor son, and she is his guardian ad litem in this

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litigation. The Motion, which is supported by an affidavit of counsel, represents that Ms. Pate sent

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counsel a letter terminating his services on behalf of herself and her son. Counsel also contends that

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continuing to represent the Plaintiffs would result in an unreasonable financial burden to counsel and

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that a “cooperative impasse” has arisen between he and Ms. Pate, so that counsel can no longer

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“ethically represent Plaintiffs due to the differences of opinion in the instant matter.” Affidavit of Ben

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J. Bingham at ¶¶ 5- 7.

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

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the trial or any hearing in the case would result.” Plaintiffs’ complaint was filed in state court and

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removed to this court on August 3, 2012. See Petition for Removal (Dkt. #1). Discovery closes on

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January 30, 2013. See Scheduling Order (Dkt. #9). Dispositive motions are due no later than March 1,

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2013. Id.

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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 to Withdraw as Counsel of Record (Dkt. #15) is GRANTED.

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Plaintiffs shall have until February 14, 2013, in which to retain new counsel who shall

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file a notice of appearance in accordance with the Local Rules of Practice or to file a

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statement that they will proceed pro se (represent themselves).

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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 Plaintiffs at:
Quatrela Pate
De’Jior Payne c/o Quatrela Pate, Guardian Ad Litem
837 E. Thompson Blvd.
Ventura, CA 93001

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Dated this 14th day of January, 2013.

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___________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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