Buhecker et al v. Delta Air Lines, Inc.
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
BRENDA PALMER, et al.,
DELTA AIRLINES, INC.,
Case No. 2:15-cv-00769-LDG (VCF)
James Malcolm, appearing pro se, moves to deny (ECF No. 99) the Amended
Notice of Attorney’s Lien (ECF No. 98) and further moves to release the funds not in
dispute to the plaintiffs (ECF No. 100). Previously, the Court ordered that the funds
deposited by Defendant Delta Air Lines, Inc. shall be held by the Clerk of the Court until
such time as Attorney Trevor J. Hatfield, on behalf of himself and as then-counsel of record
for plaintiffs Brenda Palmer and John Palmer, together with Bryan Wisner, James C.
Malcolm, and Daniel Watanabe, each now appearing pro se, file a stipulation and
proposed order directing the disbursement of the funds. Alternatively, the Court ordered
that the funds may be distributed by court order if one of these parties filed a certified copy
of a judgment from a court of competent jurisdiction or a suitable dispute resolution
organization, such as the Nevada State Bar Fee Dispute Arbitration Program, resolving the
dispute between the pro se plaintiffs and their former counsel, after notice and an
opportunity to be heard by the remaining parties as to the legitimacy of the submitted
resolution of this dispute.
Malcolm’s motion to release the funds, which he may only file on his own behalf,
does not constitute a stipulation between the plaintiffs and attorney Trevor J. Hatfield
directing the disbursement of the funds. Neither does the motion constitute a certified copy
of a judgment of a court of competent jurisdiction or a suitable dispute resolution
THE COURT ORDERS that the Motion to Deny Notice of Amended Attorney’s Lien
(ECF No. 99) and Motion to Court to Release Funds Not in Dispute to Plaintif fs (ECF No.
100) are DENIED.
DATED this ______ day of November, 2017.
Lloyd D. George
United States District Judge
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