Hardan v. Nye County Sheriff's Office et al
ORDER. IT IS ORDERED that: The 54 Motion to Withdraw is GRANTED. The clerk of the court shall serve the plaintiff with a copy of this order at her last known address. The 53 Motion to Stay is GRANTED, to the extent the case is stayed until 12 /13/2017. A mandatory settlement conference is set for 9:30 a.m., 2/21/2018. A separate order will be entered with specific instructions for the settlement conference. See Order for further details/deadlines. Signed by Magistrate Judge Peggy A. Leen on 10/18/17. (Copies have been distributed pursuant to the NEF - MR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:15-cv-00470-GMN-PAL
(Mot Stay – ECF No. 53)
(Mot WD Atty – ECF No. 54)
NYE COUNTY SHERIFF’S OFFICE, et al.
Before the court is counsel for plaintiff Potter Law Offices’ Motion to Withdraw as
Counsel and Stay Proceedings (ECF Nos. 53, 54). The court has reviewed the motions, and
defense counsel’s Responses (ECF Nos. 55, 56). The motion represents that plaintiff’s counsel
recently had brain surgery, and is temporarily physically unable to practice law, and cannot
continue representation in this matter. There are only two attorneys in the law firm, and his
associate who is his son is unable to continue representing the plaintiff. As such, the firm seeks
leave to withdraw as counsel of record.
Mr. Potter also requests a stay of the scheduling deadlines in order for plaintiffs to obtain
new counsel. Although defendants do not oppose a stay for a reasonable amount of time, they
request that the stay be entered only after the court has ruled on the pending motions for summary
judgment. The district judge entered an Order (ECF No. 57) September 28, 2017, granting in part
and denying in part defendants’ motion for summary judgment, denying plaintiff’s partial motion
for summary judgment, and referring the case to the undersigned for a settlement conference. A
review of the docket shows that the only deadline remaining is the date for filing the joint pretrial
Having reviewed and considered the matter, and for good cause shown, the court will grant
a 60-stay of the case to give plaintiff time to retain new counsel. The court will also set a deadline
for filing the joint pretrial order, and schedule a mandatory settlement conference.
IT IS ORDERED that:
1. The Motion to Withdraw (ECF No. 54) is GRANTED.
2. Plaintiff shall have until December 18, 2017, in which to retain substitute counsel who
shall make an appearance in accordance with the requirements of the Local Rules of
Practice, or file a notice with the court that she will be appearing in this matter pro se,
that is, representing herself.
3. The clerk of the court shall serve the plaintiff with a copy of this order at her last known
1450 E. Casey
Pahrump, NV 89048
4. The Motion to Stay (ECF No. 53) is GRANTED, to the extent the case is stayed until
December 13, 2017.
5. The deadline for filing the joint pretrial order is extended to January 17, 2018. The
disclosures required by Fed. R. Civ. P. 26(a)(3), and any objections thereto, shall be
included in the pretrial order.
6. A mandatory settlement conference is set for 9:30 a.m., February 21, 2018. A
separate order will be entered with specific instructions for the settlement conference.
DATED this 18th day of October, 2017.
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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