Hardan v. Nye County Sheriff's Office et al

Filing 58

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MELISSA HARDAN,

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v.

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Case No. 2:15-cv-00470-GMN-PAL
Plaintiff,

ORDER
(Mot Stay – ECF No. 53)
(Mot WD Atty – ECF No. 54)

NYE COUNTY SHERIFF’S OFFICE, et al.
Defendants.

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Before the court is counsel for plaintiff Potter Law Offices’ Motion to Withdraw as

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Counsel and Stay Proceedings (ECF Nos. 53, 54). The court has reviewed the motions, and

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defense counsel’s Responses (ECF Nos. 55, 56). The motion represents that plaintiff’s counsel

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recently had brain surgery, and is temporarily physically unable to practice law, and cannot

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continue representation in this matter. There are only two attorneys in the law firm, and his

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associate who is his son is unable to continue representing the plaintiff. As such, the firm seeks

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leave to withdraw as counsel of record.

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Mr. Potter also requests a stay of the scheduling deadlines in order for plaintiffs to obtain

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new counsel. Although defendants do not oppose a stay for a reasonable amount of time, they

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request that the stay be entered only after the court has ruled on the pending motions for summary

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judgment. The district judge entered an Order (ECF No. 57) September 28, 2017, granting in part

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and denying in part defendants’ motion for summary judgment, denying plaintiff’s partial motion

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for summary judgment, and referring the case to the undersigned for a settlement conference. A

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review of the docket shows that the only deadline remaining is the date for filing the joint pretrial

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order.

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Having reviewed and considered the matter, and for good cause shown, the court will grant

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a 60-stay of the case to give plaintiff time to retain new counsel. The court will also set a deadline

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for filing the joint pretrial order, and schedule a mandatory settlement conference.

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IT IS ORDERED that:

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1. The Motion to Withdraw (ECF No. 54) is GRANTED.

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2. Plaintiff shall have until December 18, 2017, in which to retain substitute counsel who

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shall make an appearance in accordance with the requirements of the Local Rules of

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Practice, or file a notice with the court that she will be appearing in this matter pro se,

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that is, representing herself.

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3. The clerk of the court shall serve the plaintiff with a copy of this order at her last known

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address:

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Melissa Hardan
1450 E. Casey
Pahrump, NV 89048

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4. The Motion to Stay (ECF No. 53) is GRANTED, to the extent the case is stayed until
December 13, 2017.

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5. The deadline for filing the joint pretrial order is extended to January 17, 2018. The

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disclosures required by Fed. R. Civ. P. 26(a)(3), and any objections thereto, shall be

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included in the pretrial order.

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6. A mandatory settlement conference is set for 9:30 a.m., February 21, 2018. A

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separate order will be entered with specific instructions for the settlement conference.

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DATED this 18th day of October, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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