Mellor v. West Trop Storage, LLC

Filing 24

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach, on 4/2/2014. Granting in part and Denying in part 18 Motion for Sanctions. (Copies have been distributed pursuant to the NEF; CC: Preston S. Kerr via email and mail - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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2:13-cv-01502-JCM-VCF

ELI MELLOR,
Plaintiff,
vs.
WEST TROP STORAGE, LLC, et al.,

MINUTE ORDER

Defendants.
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Before the Court is Plaintiff’s Motion for Sanctions (#18) addressing the manner in which
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attorney P. Sterling Kerr withdrew from representing the plaintiff in this case. Plaintiff asserts that the
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Mr. Kerr’s stated reasons for moving to withdraw were not truthful and therefore a violation of Rule 11
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of the Federal Rules of Civil Procedure.
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It appears that a dispute arose between plaintiff and Mr. Kerr leading to his motion to withdraw.
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The exact reasons for the deterioration of the attorney-client relationship are not relevant to the court’s
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decision to allow Mr. Kerr to withdraw.
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Unless Mr. Kerr is asserting a retaining lien against the file in this case, he must turn over the
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entire file on this matter to plaintiff on or before April 16, 2014. If Mr. Kerr is asserting a retaining lien
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on the file, he need not turn over the file as ordered but must, instead, on or before April 16, 2014, file a
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motion with this court requesting adjudication of the validity and scope of the asserted lien.
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Accordingly,
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IT IS HEREBY ORDERED that Plaintiff’s Motion for Sanctions (#18) is DENIED in part and
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GRANTED only to the extent that P. Sterling Kerr is HEREBY ORDERED to deliver plaintiff’s entire

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file to plaintiff on or before April 16, 2014, unless Mr. Kerr files, on or before April 16, 2014, a motion

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with this court seeking adjudication of a retaining lien or asserting other just cause for retaining the file.

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The Clerk of Court is directed to mail and e-mail this order to Preston S. Kerr using the contact
information he maintains with this court pursuant to Special Order 109.
DATED this 2nd day of March, 2014.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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