Mellor v. West Trop Storage, LLC
Filing
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ORDER Granting 14 Motion to Withdraw as Attorney for plaintiff by Preston S Kerr. The Clerk shall mail a copy of this order to Eli Mellor. Signed by Magistrate Judge Cam Ferenbach on 1/17/14. (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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2:13-cv-01502-JCM-VCF
ELI MELLOR,
Plaintiff,
vs.
WEST TROP STORAGE, LLC, et al.,
ORDER
[Motion to Withdraw as Counsel #14]
Defendants.
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Before the Court is Plaintiff’s Motion to Withdraw as Counsel of Record (#14).
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Relevant Background:
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Plaintiffs’ counsel filed the instant Motion to Withdraw as Counsel on January 7, 2014. (#14).
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P. Sterling Kerr, Esq. and The Law Offices of P. Sterling Kerr seek to withdraw as counsel for Plaintiff
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Eli Mellor. Mr. Kerr represents that continued representation would create an unreasonable financial
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burden upon the attorney and believes that Ms. Mellor will not be financially able to pay for any further
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legal services of any kind. Id.
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Discussion:
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Pursuant to Local Rule IA 10-6(b), “[n]o attorney may withdraw after appearing in a case except
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by leave of [c]ourt after notice has been served on the affected client and opposing counsel.” “Except
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for good cause shown, no withdrawal or substitution shall be approved if delay of discovery, the trial or
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any hearing in the case would result.” LR IA 10-6(e). Nevada Rule of Professional Conduct 1.16(b)(1)
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provides that a lawyer may withdraw from representation if “withdrawal can be accomplished without
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material adverse effect on the interests of the client.” NRPC 1.16 also permits withdrawal where “other
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good cause exists.” See NRPC 1.16(b)(7).
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Mr. Kerr states that “[d]iscovery has begun, documents have been exchanged but no depositions
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have been taken.” This action commenced on August 21, 2013 (#1), and no trial date has been set for
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this matter and no hearing dates have been scheduled; thus, permitting P. Sterling Kerr, Esq. and The
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Law Offices of P. Sterling Kerr to withdraw would not result in delay. LR IA 10-6(e).
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Plaintiff Eli Mellor must either retain counsel or file a notice of appearing pro se within 30 days
from the entry of this order.
Accordingly, and for good cause shown,
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IT IS HEREBY ORDERED that the Motion to Withdraw as Counsel (#14) is GRANTED.
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IT IS FURTHER ORDERED that the Clerk of the Court will mail a copy of this order to the
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following:
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Eli Mellor
981 W. Arrow Hwy
San Dimas, CA 91773
DATED this 17th day of January, 2014.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
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