New Balance, Inc. v. LaCrosse Technology, LLC; et al

Filing 15

ORDER granting 12 Motion to Withdraw as Attorney. Mark A. Solomon withdrawn from the case. Attorney designation deadline: 2/26/2015. Certificate of Interested Parties due by 2/26/2015. Clerk of Court shall mail Defendant ClickMedia with a copy of this order. Signed by Magistrate Judge Peggy A. Leen on 2/9/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NEW BALANCE, INC.,

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Case No. 2:14-cv-01937-JCM-PAL
Plaintiff,

ORDER

v.
(Mot. To Withdraw – Dkt. #12)
LaCROSSE TECHNOLOGY, LLC, et al.,
Defendants.

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This matter is before the court on Mark A. Solomon’s, of Solomon Dwiggins & Freer,

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Motion to Withdraw as Counsel for Defendant LaCrosse Technologies, LLC (Dkt. #12),

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Declaration (Dkt. #13), and Plaintiff’s Statement of Non-Opposition (Dkt. #14). The motion

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represents that Mr. Solomon was retained by LaCrosse Technologies, LLC (“LaCrosse”) for the

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limited purpose of drafting and filing an answer to Plaintiff’s complaint. The Answer (Dkt. #10)

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was filed January 16, 2015. Mr. Solomon subsequently attempted to contact LaCrosse to inquire

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as to whether further representation was needed. However, LaCrosse has not responded. As

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such, there has been a breakdown in communications between Mr. Solomon and LaCrosse which

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makes it difficult for Mr. Solomon to represent LaCrosse’s interests. Mr. Solomon, therefore,

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seeks leave to withdraw as counsel of record.

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This matter is also before the court on Defendant LaCrosse Technology, LLC’s

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(“LaCrosse”) failure to file a Certificate as to Interested Parties as required by LR 7.1-1. The

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Complaint (Dkt. #1) in this matter was filed November 4, 2014. Defendant LaCrosse filed its

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Answer (Dkt. #10) January 16, 2015. LR 7.1-1(a) requires, unless otherwise ordered, that in all

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cases (except habeas corpus cases) counsel for private parties shall, upon entering a case, identify

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in the disclosure statement required by Fed. R. Civ. P. 7.1 all persons, associations of persons,

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firms, partnerships or corporations (including parent corporations) which have a direct,
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pecuniary interest in the outcome of the case. LR 7.1-1(b) further states that if there are no

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known interested parties other than those participating in the case, a statement to that effect must

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be filed. Additionally, LR 7.1-1(c) requires a party to promptly file a supplemental certification

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upon any change in the information that this rule requires. To date, Defendant LaCrosse has

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failed to comply.

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Having reviewed and considered the matter, and for good cause shown,

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IT IS ORDERED that:

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1.

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Counsel for Defendant LaCrosse Technologies, LLC (Dkt. #12) is GRANTED.

Mark A Solomon’s, of Solomon Dwiggins & Freer, Motion to Withdraw as

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appear except through counsel (see Rowland v. California Men’s Colony, 506 U.S. 194,

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201-02 (1993); United States v. High Broadcasting Co., Inc., 3 F.3d 1244, 1245 (9th Cir.

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1993)) LaCrosse Technologies, LLC shall have until February 26, 2015, in which to

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retain substitute counsel who shall make an appearance in accordance with the

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requirements of the Local Rules of Practice.

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3.

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parties, which fully complies with LR 7.1-1 no later than 4:00 p.m., February 26,

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2015.

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4.

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failing to obtain substitute counsel or failing to file a certificate of interested parties may

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result in the imposition of sanctions which may include a recommendation to the district

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judge that a default judgment be entered against it for failure to prosecute.

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LaCross Technologies, LLC’s failure to timely comply with this order by either

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Defendant LaCrosse Technologies, LLC shall file its certificate of interested

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Because LaCrosse Technologies, LLC is a corporation, and a corporation cannot

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copy of this order at its last known address:

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LaCrosse Technologies, LLC
2502 Anthem Village Dr., Ste. E341
Henderson, Nevada 89052
[e-mail]
[phone]

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DATED this 9th day of February, 2015.

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The Clerk of the Court shall serve Defendant LaCross Technologies, LLC with a

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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