CH2E Nevada, LLC v. Mahjoob et al
Filing
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ORDER granting in part and denying in part 115 Motion to Continue. Mr. Carbajal shall have until 3:00 p.m. on 7/18/18 to serve Defendant ACTI with this order and the Court's order at Docket No. 107 , and shall file a proof of service no later than 4:00 p.m. on 7/18/18. Mr Carbajal is further ORDERED to notify Defendant ACTI via telephone of the hearing no later than 3:00 p.m. on 7/18/18, and include a statement confirming his conversation with Defendant ACTI in the proof of service. Signed by Magistrate Judge Nancy J. Koppe on 7/18/2018. (Copies have been distributed pursuant to the NEF - ADR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CH2E NEVADA LLC,
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Plaintiff(s),
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v.
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LATIF MAHJOOB, et al.,
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Defendant(s).
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Case No. 2:15-cv-00694-JCM-NJK
ORDER
(Docket No. 115)
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Pending before the Court is a motion to continue the hearing on Defendant American
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Combustion Technologies of California, Inc.’s (“ACTI”) motion to withdraw as counsel, filed by
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Attorney Hector Carbajal. Docket No. 115; see also Docket No. 106. Mr. Carbajal submits that he
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inadvertently failed to meet the proof of service deadline of July 9, 2018, set by the Court’s order at
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Docket No. 107. Docket No. 115. Mr. Carbajal further submits that his inadvertence was the result of
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excusable neglect. Id.
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On July 5, 2018, Mr. Carbajal filed his motion to withdraw as counsel for Defendant ACTI.
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Docket No. 106. On July 6, 2018, the Court issued its order setting a hearing on the motion for July 19,
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2018, at 3:00 p.m., and ordered Mr. Carbajal to serve Defendant ACTI with the order and file a proof
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of service no later than July 9, 2018. Docket No. 107. Mr. Carbajal failed to serve Defendant ACTI by
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the deadline, and makes a vague, conclusory statement that his failure was the result of excusable
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neglect. Docket No. 115.
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Although the Court does not find excusable neglect or good cause, as a one time courtesy, it
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GRANTS in part and DENIES in part Mr. Carbajal’s motion. Docket No. 115. Mr. Carbajal shall have
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until 3:00 p.m. on July 18, 2018 to serve Defendant ACTI with this order and the Court’s order at
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Docket No. 107, and shall file a proof of service no later than 4:00 p.m. on July 18, 2018. Mr Carbajal
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is further ORDERED to notify Defendant ACTI via telephone of the hearing no later than 3:00 p.m. on
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July 18, 2018, and include a statement confirming his conversation with Defendant ACTI in the proof
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of service.
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IT IS SO ORDERED.
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DATED: July 18, 2018
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______________________________________
NANCY J. KOPPE
United States Magistrate Judge
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