Buhecker et al v. Delta Air Lines, Inc.

Filing 106

ORDER that the 99 Motion to Deny Notice of Amended Attorney's Lien and 100 Motion for Release of Funds Not in Dispute to Plaintiffs are DENIED. Signed by Judge Lloyd D. George on 11/30/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRENDA PALMER, et al.,

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Plaintiffs,

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v.

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DELTA AIRLINES, INC.,

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Case No. 2:15-cv-00769-LDG (VCF)
ORDER

Defendant.

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James Malcolm, appearing pro se, moves to deny (ECF No. 99) the Amended

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Notice of Attorney’s Lien (ECF No. 98) and further moves to release the funds not in

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dispute to the plaintiffs (ECF No. 100). Previously, the Court ordered that the funds

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deposited by Defendant Delta Air Lines, Inc. shall be held by the Clerk of the Court until

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such time as Attorney Trevor J. Hatfield, on behalf of himself and as then-counsel of record

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for plaintiffs Brenda Palmer and John Palmer, together with Bryan Wisner, James C.

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Malcolm, and Daniel Watanabe, each now appearing pro se, file a stipulation and

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proposed order directing the disbursement of the funds. Alternatively, the Court ordered

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that the funds may be distributed by court order if one of these parties filed a certified copy

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of a judgment from a court of competent jurisdiction or a suitable dispute resolution

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organization, such as the Nevada State Bar Fee Dispute Arbitration Program, resolving the

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dispute between the pro se plaintiffs and their former counsel, after notice and an

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opportunity to be heard by the remaining parties as to the legitimacy of the submitted

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resolution of this dispute.

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Malcolm’s motion to release the funds, which he may only file on his own behalf,

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does not constitute a stipulation between the plaintiffs and attorney Trevor J. Hatfield

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directing the disbursement of the funds. Neither does the motion constitute a certified copy

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of a judgment of a court of competent jurisdiction or a suitable dispute resolution

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organization. Accordingly,

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THE COURT ORDERS that the Motion to Deny Notice of Amended Attorney’s Lien

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(ECF No. 99) and Motion to Court to Release Funds Not in Dispute to Plaintif fs (ECF No.

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100) are DENIED.

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DATED this ______ day of November, 2017.

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Lloyd D. George
United States District Judge

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