Mitchell et al v. City of Henderson, Nevada et al

Filing 146

ORDER that the hearing set for 10/2/2017 at 3:00 p.m. is Vacated. The parties' 145 Stipulation to Continue the Hearing is Denied as moot. Plaintiffs' 143 Motion to Withdraw Attorneys Cal J. Potter, III and Cal J. Potter, IV is Gra nted. Plaintiff's 142 Motion to Stay is Denied without prejudice. Plaintiffs must file a notice with the court by 11/15/2017 stating whether they will represent themselves, unless an attorney files a notice of appearance on Plaintiffs' behalf before that date. Signed by Magistrate Judge Carl W. Hoffman on 9/28/2017. (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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ANTHONY MITCHELL, et al.,

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Plaintiffs,

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vs.

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CITY OF HENDERSON, et al.,

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Defendants.

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2:13-cv-01154-APG-CWH
ORDER

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Presently before the court is Plaintiffs Anthony Mitchell, Michael Mitchell, and Linda

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Mitchell’s attorneys’ Motion to Withdraw as Counsel and Stay Proceedings (ECF Nos. 142,

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143), filed on September 19, 2017. A hearing on this motion is set for October 2, 2017. (Order

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(ECF No. 144).) The parties filed a stipulation (ECF No. 145) to continue the hearing that states

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the Plaintiffs are unavailable for the hearing because they are out of the country. Given the

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Plaintiffs’ unavailability, the court will vacate the hearing.

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Regarding the motion to withdraw, the court has read and considered the motion and

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finds that there is good cause to allow Plaintiffs’ attorneys to withdraw. The court therefore will

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grant the motion and will give Plaintiffs until November 15, 2017, to notify the court whether

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they intend to retain a new attorney or represent themselves. As there are no upcoming deadlines

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in the district court case, the court will deny the motion to stay.

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IT IS THEREFORE ORDERED that the hearing set for Monday, October 2, 2017, at
3:00 p.m. is VACATED.
IT IS FURTHER ORDERED that the parties’ stipulation (ECF No. 145) to continue the
hearing is DENIED as moot.
IT IS FURTHER ORDERED that attorneys Cal J. Potter, III and C.J. Potter, IV’s motion
to withdraw as counsel (ECF No. 143) is GRANTED.

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IT IS FURTHER ORDERED that Plaintiffs’ motion to stay (ECF No. 142) is DENIED
without prejudice.
IT IS FURTHER ORDERED that C.J. Potter, IV must serve (1) a copy of this order, and

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(2) a list of all upcoming deadlines related to the Ninth Circuit Appeal on Plaintiffs Anthony

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Mitchell, Michael Mitchell, and Linda Mitchell. Mr. Potter must file proof of that service by

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October 6, 2017.

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IT IS FURTHER ORDERED that by November 15, 2017, Plaintiffs must file a notice

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with the court stating whether they will represent themselves, unless an attorney files a notice of

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appearance on Plaintiffs’ behalf before that date.

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DATED: September 28, 2017

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C.W. Hoffman, Jr.
United States Magistrate Judge

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