Archuleta et al v. Corrections Corporation of America

Filing 69

ORDER that the Motion to Withdraw as Attorney for Plaintiff Michael B. Dickens ECF No. 67 is GRANTED; Mr. Spretnak must mail a copy of this order to Plaintiff Dickens; Plaintiff Dickens must either retain counsel or file a notice of app earing pro se on or before 2/25/2019; Plaintiff Dickens must file with the Court written notification of any change of address; Clerk directed to mail a copy of order to Plaintiff Dickens at address outlined in order (mailed to P on 1/29/2019). Signed by Magistrate Judge Cam Ferenbach on 1/28/2019. (Copies have been distributed pursuant to the NEF - KW)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5

***

6
7

LEEANN E. ARCHULETA; and MICHAEL B.
DICKENS,

8
9
10

Plaintiffs,

2:15-cv-01608-MMD-VCF
ORDER

vs.
CORRECTIONS CORPORATION OF
AMERICA, et al.,

11

Defendants.

12
13

Before the court is the Motion to Withdraw as Attorney for Plaintiff Michael B. Dickens (ECF No.

14

67). Robert P. Spretnak, Esq. asks for leave of court to withdraw as counsel of record for Plaintiff Michael

15

B. Dickens. Counsel states that Plaintiff has failed to communicate with him. Id. There are no pending

16

hearings or motions. Discovery ends on March 4, 2019 and trial date has not been set.

17

Discussion:

18

Under Local Rule 7-2(d), [t]he failure of an opposing party to file points and authorities in response

19

to any motion shall constitute a consent to the granting of the motion. Here, no opposition has been filed

20

and the time to oppose has passed.

21

Pursuant to Local Rule IA 11-6(b), “[n]o attorney may withdraw after appearing in a case except

22

by leave of court after notice has been served on the affected client and opposing counsel.” “Except for

23

good cause shown, no withdrawal or substitution shall be approved if delay of discovery, the trial or any

24

hearing in the case would result.” LR IA 11-6(e). Nevada Rule of Professional Conduct 1.16(b)(5)

25

provides that a lawyer may withdraw if the “client fails substantially to fulfill an obligation to the lawyer

1

regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw

2

unless the obligation is fulfilled.” Here, based on Plaintiff's counsel’s representation that Plaintiff has

3

failed to communicate with his counsel, the Court permits counsel to withdraw. LR IA 11-6(b); NRPC

4

1.16(b)(5). The Court finds that permitting counsel to withdraw would not result in delay. LR IA 11-6(e).

5

Accordingly, and for good cause shown,

6

IT IS HEREBY ORDERED that the Motion to Withdraw as Attorney for Plaintiff Michael B.

7

Dickens (ECF No. 67) is GRANTED.

8

IT IS FURTHER ORDERED that Mr. Spretnak must mail a copy of this order to Plaintiff Dickens.

9

IT IS FURTHER ORDERED that Plaintiff Dickens must either retain counsel or file a notice of

10
11
12
13
14

appearing pro se on or before February 25, 2019.
IT IS FURTHER ORDERED that Plaintiff Dickens must file with the Court written notification
of any change of address.
The Clerk of Court is directed to mail a copy of this order to Plaintiff Dickens at the following
address:

15
16
17

Michael B. Dickens
5819 First Street
Crosby, Texas 77532

18

DATED this 28th day of January, 2019.
19
20
21
22
23
24
25

_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE