Nautilus Insurance Company v. Access Medical, LLC et al

Filing 162

ORDER DENYING 160 Motion to Withdraw as Attorney. Signed by Magistrate Judge Brenda Weksler on 11/23/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:15-cv-00321-JAD-BNW Document 161 Filed 11/22/21 Page 1 of 5

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MARTIN J. KRAVITZ, ESQ.
Nevada Bar No. 83
L. RENEE GREEN, ESQ.
Nevada Bar No. 12755
KRAVITZ SCHNITZER JOHNSON
WATSON & ZEPPENFELD, CHTD.
8985 So. Eastern Avenue, Suite 200
Las Vegas, Nevada 89123
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants,
ACCESS MEDICAL, LLC and
ROBERT “SONNY” WOOD

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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8985 S. Eastern Ave., Ste. 200
Las Vegas, Nevada 89123
[phone]

KRAVITZ SCHNITZER JOHNSON
WATSON & ZEPPENFELD, CHTD.

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NAUTILUS INSURANCE COMPANY,

Case No.: 2:15-cv-00321-JAD-GWF
BNW

Plaintiff,
vs.

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ACCESS MEDICAL, LLC; ROBERT
CLARK WOOD, II; FLOURNOY
MANAGEMENT, LLC; and DOES 1-10,
inclusive,
Defendants.

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MOTION AND PROPOSED ORDER TO WITHDRAW AS COUNSEL OF RECORD
Defendants.

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MARTIN J. KRAVITZ, ESQ. and L. RENEE GREEN, ESQ., respectfully move this

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court for an order permitting Martin J. Kravitz, Esq. and L. Renee Green, Esq. (Counsel) to

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withdrawal as counsel for Plaintiff, ROBERT “SONNY” WOOD, an individual, and ACCESS

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MEDICAL, LLC, a Delaware Limited Liability Corporation.

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Case 2:15-cv-00321-JAD-BNW Document 161 Filed 11/22/21 Page 2 of 5

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This Motion is made and based upon the Memorandum of Points and Authorities

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submitted herewith, Local Rule IA 11-6 and (e), the Declaration of Martin J. Kravitz, Esq.

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attached hereto, and the pleadings and papers on file herein.

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DATED this 22nd day of November, 2021.
KRAVITZ SCHNITZER JOHNSON
WATSON & ZEPPENFELD, CHTD.

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By:/s/ Martin J. Kravitz, Esq.
MARTIN J. KRAVITZ, ESQ.
Nevada Bar No. 83
L. RENEE GREEN, ESQ.
Nevada Bar No. 12755
8985 So. Eastern Avenue, Suite 200
Las Vegas, Nevada 89123
Attorney for Defendants

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DECLARATION OF MARTIN J. KRAVITZ, ESQ.

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8985 S. Eastern Ave., Ste. 200
Las Vegas, Nevada 89123
[phone]

KRAVITZ SCHNITZER JOHNSON
WATSON & ZEPPENFELD, CHTD.

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I, Martin J. Kravitz, hereby declare under penalty of perjury as follows:

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1.

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I am Senior Partner in the law firm of Kravitz Schnitzer Johnson Watson &

Zeppenfeld, Chtd., formerly known as Kravitz, Schnitzer & Johnson, Chtd.
2.

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I am knowledgeable about all matters set forth in this Declaration and know them

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to be true, except where stated upon information and belief, and in those instances I believe them

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to be true.

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3.

This firm has been co-counsel in this matter with Jordan P. Schnitzer, Esq.,

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representing the Defendants, ROBERT “SONNY” WOOD, and ACCESS MEDICAL, LLC.

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When the Nevada Supreme Court accepted the Certified Question in late 2019, it was our intent

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to disassociate as counsel. On January 21, 2020, a Stipulation of Change of Counsel to remove

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the Martin J. Kravitz, Esq. and L. Renee Green, Esq. was filed in the Nevada Supreme Court.
4.

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After the Nevada Supreme Court rendered its Decision regarding the Certified

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Question, our firm monitored this District Court case but had no participation in preparing any

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pleadings, discovery or other any documents regarding this matter. All work on behalf of

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Plaintiff has been handled solely by Jordan P. Schnitzer of The Schnitzer Law Firm.

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Case 2:15-cv-00321-JAD-BNW Document 161 Filed 11/22/21 Page 3 of 5

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5.

L. Renee Green, Esq. has now left my firm. I hereby request the Court grant the

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Motion to Withdraw as Counsel for Defendants, and remove me and L. Renee Green from the

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service list.

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There is no prejudice in granting this Motion to Withdraw as Defendants will

continue to be represented by Jordan P. Schnitzer, Esq.

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I declare under penalty of perjury the foregoing is true and correct.

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DATED this 22nd day of November, 2021.
/s/ Martin J. Kravitz
MARTIN J. KRAVITZ

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MEMORANDUM OF POINTS AND AUTHORITIES

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The United States District Court Local Rules IA 11-6 provides that an attorney may

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8985 S. Eastern Ave., Ste. 200
Las Vegas, Nevada 89123
[phone]

KRAVITZ SCHNITZER JOHNSON
WATSON & ZEPPENFELD, CHTD.

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withdraw from representation of a client under certain circumstances. Specifically, Local Rule

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IA 11-6(b) states:

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If an attorney seeks to withdraw after appearing in a case, the
attorney must file a motion or stipulation and serve it on the
affected client and opposing counsel. The affected client may, but
is not required to, file a response to the attorney’s motion within 14
days of the filing of the motion, unless the court orders otherwise.

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Local Rule IA 11-6(e) further provides: “Except for good cause shown, no withdrawal or
substitution will be approved if it will result in delay of discovery, the trial, or any hearing in the
case.”

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Good cause exists to allow Martin J. Kravitz, Esq. and L. Renee Green, Esq. to withdraw
as co-counsel for Defendants as outlined in the Declaration of Martin J. Kravitz, Esq. There will
be no be no delay in the proceeding as Jordan P. Schnitzer, Esq. will remain counsel for
Defendants.

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Case 2:15-cv-00321-JAD-BNW Document 161 Filed 11/22/21 Page 4 of 5

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CONCLUSION

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Based upon the foregoing, Martin J. Kravitz, Esq. and L. Renee Green, Esq. respectfully
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request that this Court grant their Motion to Withdraw as counsel for Defendants, ROBERT
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“SONNY” WOOD, and ACCESS MEDICAL, LLC.
DATED this 22nd day of November, 2021.

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KRAVITZ, SCHNITZER & JOHNSON, CHTD.
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By:/s/ Martin J. Kravitz, Esq.
MARTIN J. KRAVITZ, ESQ.
Nevada Bar No. 83
L. RENEE GREEN, ESQ.
Nevada Bar No. 12755
8985 So. Eastern Avenue, Suite 200
Las Vegas, Nevada 89123
Attorney for Defendants

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8985 S. Eastern Ave., Ste. 200
Las Vegas, Nevada 89123
[phone]

KRAVITZ SCHNITZER JOHNSON
WATSON & ZEPPENFELD, CHTD.

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ORDER

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IT IS SO ORDERED:

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UNITED STATES DISTRICT COURT JUDGE

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Order
Order
ITIT IS ORDERED that ECF No. 161
IS ORDERED that ECF No. 161
is is DENIED without prejudice for
DENIED without prejudice for
failure comply with the Local
failure toto comply with the Local
Rules and serve the affected
Rules and serve the affected
clients.
clients.
IT IS SO ORDERED
DATED: 12:52 pm, November 23, 2021

BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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Case 2:15-cv-00321-JAD-BNW Document 161 Filed 11/22/21 Page 5 of 5

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CERTIFICATE OF SERVICE

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I hereby certify that on the 22nd day of November, 2021, pursuant to Local Rule 5.1, I

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serviced the foregoing MOTION AND PROPOSED ORDER TO WITHDRAW AS

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COUNSEL OF RECORD, via the Court's CM/EMF electronic filing system addressed to all

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parties on the e-service list, as follows:

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SELMAN BREITMANN LLP
3993 Howard Hughes Parkway, Suite 200 Las Vegas, NV 89169
Telephone: [phone]
Attorneys for Defendant
NAUTILUS INSURANCE COMPANY
(erroneously sued as Nautilus Insurance Group)

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/s/ Cynthia Lowe
An employee of Kravitz Schnitzer Johnson
Watson & Zeppenfeld, Chtd.

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8985 S. Eastern Ave., Ste. 200
Las Vegas, Nevada 89123
[phone]

KRAVITZ SCHNITZER JOHNSON
WATSON & ZEPPENFELD, CHTD.

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