Kal-Mor-USA, LLC v. Bank of America, N.A., et al

Filing 26

ORDER Granting 24 Motion to Substitute Attorney. Attorney Neil B Durrant substituted for in place of the law firm of Maier Gutierrez Ayon for Kal-Mor-USA, LLC. Signed by Magistrate Judge Peggy A. Leen on 6/30/14. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KAL-MOR-USA, LLC,

Case No. 2:13-cv-01046-GMN-PAL
Plaintiff,

v.

ORDER
(Mtn to Substitute – Dkt. #24)

BANK OF AMERICA, N.A., et al.,
Defendants.

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This matter is before the court on the Substitution of Attorneys (Dkt. #24) filed June 27,

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2014. Neil Durrant seeks leave to be substituted in the place of Luis Ayon and Margaret E.

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Schmidt as counsel for Plaintiff Kal-Mor-USA, LLC. LR IA 10-6 provides that the signature of

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an attorney to substitute into a case “constitutes an express acceptance of all dates then set for

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pretrial proceedings, for trial or hearing, by the discovery plan, or in any court order.” LR IA 10-

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6(d) also provides that the substitution of an attorney “shall not alone be reason for delay of

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pretrial proceedings, discovery, the trial, or any hearing in this case.” In addition, any stipulation

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to substitute shall only be by leave of court. LR IA 10-6(c).

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Plaintiff filed the complaint in state court, and Defendant Fidelity National Title

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Insurance Company removed it to this court on June 12, 2013. See Petition for Removal (Dkt.

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#1). On March 17, 2014, the district judge entered an Order (Dkt. #17) staying this case pending

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the Nevada Supreme Court’s resolution of a certified question and directing the parties to file

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joint status reports beginning June 1, 2014. The parties have not filed any status report.

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Having reviewed and considered the matter, and good cause appearing,

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IT IS ORDERED:

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1.

The Substitution of Counsel (Dkt. #24) is APPROVED.
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Neil Durrant is substituted in the place of Luis Ayon and Margaret E. Schmidt as

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counsel for Plaintiff Kal-Mor-USA, LLC, subject to the provisions of LR IA 10-

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6(c) and (d).

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3.

The parties shall forthwith comply with the district judge’s order (dkt #7) to file a
joint status report

Dated this 30th day of June, 2014.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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