Nachman v. Regenocyte Worldwide Inc. et al

Filing 32

ORDER Granting 31 Motion to Withdraw as Attorney. Gabriel L Grasso withdrawn from the case as to Defendants Intercellular Sciences, LLC and Michael Calcaterra. Defendants Intercellular Sciences, LLC shall have until 7/19/2013, in which to reta in new counsel. Defendant Michael Calcaterra shall have until 7/19/2013 to either retain counsel or file a notice that he will appeal pro se. Clerk of Court shall serve a copy of this Order on Defendants at address listed in this order. Signed by Magistrate Judge Peggy A. Leen on 6/19/2013. (Copies have been distributed pursuant to the NEF - cc: defendants as ordered - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LESLIE NACHMAN,

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Plaintiff,
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vs.
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REGENOCYTE WORLDWIDE, INC., et al.,
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Defendants. )
__________________________________________)

Case No. 2:13-cv-00319-MMD-PAL
ORDER
(Mtn to Withdraw - Dkt. #31)

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This matter is before the court on the Motion to Withdraw as Counsel of Record (Dkt. #31) filed

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June 12, 2013. Gabriel L. Grasso seeks to withdraw as counsel of record for Defendants Michael

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Calcaterra and Intercellular Sciences, LLC. The Motion represents that these Defendants have failed to

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pay for legal services rendered, and further representation would be an unreasonable financial burden

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on counsel. Additionally, Defendants have not been in contact with counsel since May 17, 2013,

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despite counsel’s efforts to contact them. Local Rule IA 10-6 provides that “no withdrawal . . . shall be

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approved if delay of discovery, the trial or any hearing in the case would result.” The Complaint (Dkt.

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#1) was filed in this case on February 26, 2013. The parties have not yet filed a proposed discovery

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plan and scheduling order and a number of Defendants have been defaulted.

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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 (Dkt. #31) is GRANTED.

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2.

A corporation cannot appear except through counsel. Rowland v. California Men’s

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Colony, 506 U.S. 194, 201-02 (1993); U.S. v. High Country Broadcasting Co., Inc., 3

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F.3d 1244, 1245 (9th Cir. 1993). Therefore, Defendant Intercellular Sciences, LLC, shall

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have until July 19, 2013, in which to retain new counsel who shall file a notice of

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appearance in accordance with the Local Rules of Practice.

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3.

Defendant Michael Calcaterra shall have until July 19, 2013, in which to either retain

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new counsel who shall file a notice of appearance in accordance with the Local Rules of

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Practice or file a notice that he will appear pro se.

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4.

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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 Defendants at:
Michael Calcaterra
Intercellular Sciences, LLC
13092 Sandy Key Bend #4
N. Fort Meyers, FL 33903

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Dated this 19th day of June, 2013.
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___________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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