Rodriguez v. AT&T Services, Inc.

Filing 30

ORDER Granting 28 Motion to Withdraw as Attorney. James F Tierney withdrawn from the case. Signed by Magistrate Judge George Foley, Jr on 8/24/15. (Copies have been distributed pursuant to the NEF - PS)

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Leslie Bryan Hart (SBN 4932)
FENNEMORE CRAIG, P.C.
300 East Second Street, Suite 1510
Reno, Nevada 89501
Tel: [phone] Fax: [phone]
[e-mail]

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(Admitted Pro Hac Vice)
Archis A. Parasharami, Esq.
MAYER BROWN LLP
1999 K Street NW
Washington, DC 20006
Tel: [phone] Fax: [phone]
[e-mail]

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Attorneys for Defendant AT&T SERVICES, INC.
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JUAN RODRIGUEZ, on behalf of himself and
all others similarly situated,

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Plaintiff,
vs.

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Case No. 2:14-cv-01537-GMNMOTION AND [PROPOSED] ORDER
TO WITHDRAW JAMES F. TIERNEY
AS COUNSEL OF RECORD

AT&T SERVICES, INC.,
Defendant.

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Defendant AT&T Services Inc. (“AT&T”) respectfully moves for an order permitting James

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F. Tierney (“Mr. Tierney”), who has appeared on behalf of AT&T in these proceedings, to

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withdraw as counsel for AT&T in the above captioned matter, pursuant to Rule IA 10-6. This

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Motion is based upon the enclosed Memorandum of Points and Authorities and all papers and

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pleadings on file herein.

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FENNEMORE CRAIG, P.C.
300 E. SECOND ST.
SUITE 1510
RENO, NEVADA 89501
[phone]

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WHEREFORE, AT&T requests that the Court enter an Order permitting the withdrawal of

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James F. Tierney as counsel of record in this case.

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Dated this 19th day of August, 2015.

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FENNEMORE CRAIG, P.C.

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By:

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/s/ Leslie Bryan Hart
Leslie Bryan Hart (SBN 4932)
300 East Second Street, Suite 1510
Reno, Nevada 89501
Tel: [phone] Fax: [phone]
[e-mail]
and
MAYER BROWN LLP
(Admitted Pro Hac Vice)
Archis A. Parasharami
[e-mail]

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Attorneys for Defendant AT&T Services, Inc.
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MEMORANDUM OF POINTS AND AUTHORITIES

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Mr. Tierney’s employment status has changed, and he is no longer employed as an associate

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by Mayer Brown LLP (“Mayer Brown”) as he is leaving the firm for a different employment

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opportunity. Mr. Tierney was not retained to represent AT&T as outside counsel in this or any

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other matter after his separation from Mayer Brown. Local Rule IA 10-6(a) provides that “[n]o

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attorney may withdraw after appearing in a case except by leave of court after notice served on the

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affected client and opposing counsel.” AT&T received notice of Mr. Tierney’s intent to withdraw

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from this case prior to his final week of employment with Mayer Brown. In addition, opposing

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counsel in this case will receive notice of this Motion to Withdraw via the CM/ECF system.

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Local Rule IA 10-6(e) also provides that “no withdrawal . . . shall be approved if delay of

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discovery, the trial or any hearing in the case would result.” No such delay will result from Mr.

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Tierney’s withdrawal because AT&T continues to be represented in this matter by Leslie Bryan

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Hart and Archis A. Parasharami, both of whom will continue to appear on AT&T’s behalf before

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this Court. Moreover, all discovery and pre-trial proceedings have been stayed while the Court

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considers the resolution of AT&T’s motion to compel arbitration of plaintiff’s claims.

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Tierney’s withdrawal will not prejudice either party or delay any proceeding in this matter.

FENNEMORE CRAIG, P.C.
300 E. SECOND ST.
SUITE 1510
RENO, NEVADA 89501
[phone]

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Mr.

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Conclusion
The Court should enter an order approving the withdrawal of Mr. Tierney as one of the
counsel of record for AT&T in the instant matter.
Dated this 19th day of August, 2015.

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FENNEMORE CRAIG, P.C.

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By:

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/s/ Leslie Bryan Hart
Leslie Bryan Hart (SBN 4932)
300 East Second Street, Suite 1510
Reno, Nevada 89501
Tel: [phone] Fax: [phone]
[e-mail]
and
MAYER BROWN LLP
(Admitted Pro Hac Vice)
Archis A. Parasharami
[e-mail]

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Attorneys for Defendant AT&T Services, Inc.
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ORDER
IT IS SO ORDERED.

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___________________________________
UNITED STATES MAGISTRATE JUDGE

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August 24, 2015
DATED: ___________________________

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FENNEMORE CRAIG, P.C.
300 E. SECOND ST.
SUITE 1510
RENO, NEVADA 89501
[phone]

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CERTIFICATE OF SERVICE

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Pursuant to F.R.C.P. 5(b) and Electronic Filing Procedure IV(B), I certify that on the 19th

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day of August, 2015, a true and correct copy of the MOTION AND [PROPOSED] ORDER

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TO WITHDRAW JAMES F. TIERNEY AS COUNSEL OF RECORD, was transmitted
electronically through the Court’s e-filing electronic notice system to the attorney(s) associated

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with this case. If electronic notice is not indicated through the court’s e-filing system, then a true
and correct paper copy of the foregoing document was delivered via U.S. Mail.
Danny J. Horen, Esq.
KAZEROUNI LAW GROUP, APC
7854 W. Sahara Ave.
Las Vegas, NV 89117
[e-mail]

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/s/ Pamela Carmon
Pamela Carmon

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10745793.1

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FENNEMORE CRAIG, P.C.
300 E. SECOND ST.
SUITE 1510
RENO, NEVADA 89501
[phone]

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