Pate v. Wal-Mart Stores, Inc.

Filing 35

ORDER Granting 32 Plaintiffs' Motion to Withdraw as Attorney. Keith E. Galliher and Christy Lyn M Galliher-Gagliano withdrawn from the case. Plaintiffs shall have until 10/16/2013, in which to retain new counsel who shall file a notice of appearance in accordance with the Local Rules of Practice or to file a statement that they will proceed pro se. Signed by Magistrate Judge Peggy A. Leen on 09/16/2013. (Copies have been distributed pursuant to the NEF - cc: Plaintiffs via mail - 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-JAD-PAL
ORDER
(Mtn to Withdraw - Dkt. #32)

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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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September 12, 2013. Keith E. Galliher, Jr., and Christy Lyn M. Galliher-Gagliano seek to withdraw as

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counsel of record for Plaintiffs Quatrela Pate and De’Jior Payne. De’Joir Payne is Ms. Pate’s minor

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son, and she is his guardian ad litem in this litigation. The Motion represents that since the settlement

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conference was held on September 5, 2013, privileged communications between Plaintiffs and counsel

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have created an irreconcilable conflict of interest, and counsel can no longer ethically represent

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Plaintiffs.

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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 closed on

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January 30, 2013. See Scheduling Order (Dkt. #9). Defendant’s Motion for Summary Judgment (Dkt.

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#21) is pending before the district judge. A settlement conference was held on September 5, 2013, and

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counsel was required to file a joint status report indicating whether the matter had settled by September

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13, 2013. Counsel complied, and they represent no settlement was reached. See Joint Status Report

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(Dkt. #34).

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Having reviewed and considered the matter,

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IT IS ORDERED:

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1.

The Motion to Withdraw as Counsel of Record (Dkt. #32) is GRANTED.

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2.

Plaintiffs shall have until October 16, 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.

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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 16th day of September, 2013.

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___________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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