CH2E Nevada, LLC v. Mahjoob et al

Filing 116

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 CH2E NEVADA LLC, 11 Plaintiff(s), 12 v. 13 LATIF MAHJOOB, et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-00694-JCM-NJK ORDER (Docket No. 115) 16 Pending before the Court is a motion to continue the hearing on Defendant American 17 Combustion Technologies of California, Inc.’s (“ACTI”) motion to withdraw as counsel, filed by 18 Attorney Hector Carbajal. Docket No. 115; see also Docket No. 106. Mr. Carbajal submits that he 19 inadvertently failed to meet the proof of service deadline of July 9, 2018, set by the Court’s order at 20 Docket No. 107. Docket No. 115. Mr. Carbajal further submits that his inadvertence was the result of 21 excusable neglect. Id. 22 On July 5, 2018, Mr. Carbajal filed his motion to withdraw as counsel for Defendant ACTI. 23 Docket No. 106. On July 6, 2018, the Court issued its order setting a hearing on the motion for July 19, 24 2018, at 3:00 p.m., and ordered Mr. Carbajal to serve Defendant ACTI with the order and file a proof 25 of service no later than July 9, 2018. Docket No. 107. Mr. Carbajal failed to serve Defendant ACTI by 26 the deadline, and makes a vague, conclusory statement that his failure was the result of excusable 27 neglect. Docket No. 115. 28 1 Although the Court does not find excusable neglect or good cause, as a one time courtesy, it 2 GRANTS in part and DENIES in part Mr. Carbajal’s motion. Docket No. 115. Mr. Carbajal shall have 3 until 3:00 p.m. on July 18, 2018 to serve Defendant ACTI with this order and the Court’s order at 4 Docket No. 107, and shall file a proof of service no later than 4:00 p.m. on July 18, 2018. Mr Carbajal 5 is further ORDERED to notify Defendant ACTI via telephone of the hearing no later than 3:00 p.m. on 6 July 18, 2018, and include a statement confirming his conversation with Defendant ACTI in the proof 7 of service. 8 IT IS SO ORDERED. 9 DATED: July 18, 2018 10 11 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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