Wingen et al v. Ventrum Energy Corp. et al

Filing 145

ORDER Granting 144 Motion to Withdraw as Attorney. Attorneys Gary Irving Grenley and Eryn Karpinski Hoerster withdrawn from the case. Signed by Magistrate Judge Cam Ferenbach on 3/28/2018. (Copies have been distributed pursuant to the NEF - ADR)

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BAUMAN LAW FIRM
Frederick C. Bauman (Nev. Bar No. 8370)
6640 Sky Pointe Dr., Ste 140-149
Las Vegas, NV 89131
Telephone: [phone]
Facsimile: No Fax Number
Email:
[e-mail]
GARVEY SCHUBERT BARER
Gary I. Grenley (Pro Hac Vice)
Eryn Karpinski Hoerster (Pro Hac Vice)
121 SW Morrison Street, 11th Floor
Portland, Oregon 97204-3141
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
Attorneys for CGrowth Capital, Inc., William M.
Wright, III, and Keystone Financial Management, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PHILIP WINGEN, et al.,
Plaintiffs,

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VENTRUM ENERGY CORP., et al.,
Defendants.

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MOTION TO WITHDRAW AS
ATTORNEYS OF RECORD FOR
CGROWTH CAPITAL, INC.,
WILLIAM M. WRIGHT, III, AND
KEYSTONE FINANCIAL
MANAGEMENT, INC.

v.

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Case No. 2:15-cv-02043-JCM-VCF

COMES NOW Gary I. Grenley and Eryn Karpinski Hoerster of the law firm of Garvey
Schubert Barer and hereby moves to withdraw as attorneys for Defendants CGrowth Capital, Inc.,

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Keystone Financial Management, Inc., and William M. Wright, III (“Defendants”) in the above23
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captioned matter.
This motion is made and based upon the papers and pleadings on file herein, the following

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points and authorities, and Declaration of Eryn Karpinski Hoerster attached hereto.

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-1MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR CGROWTH CAPITAL, INC.,
WILLIAM M. WRIGHT, III, AND KEYSTONE FINANCIAL MANAGEMENT, INC.

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The Defendants will continue to be represented by attorney of record Frederick C.
Bauman.
Dated: March 9, 2018

GARVEY SCHUBERT BARER

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By: /s/ Eryn Karpinski Hoerster
Gary I. Grenley (Pro Hac Vice)
Eryn Karpinski Hoerster (Pro Hac Vice)
121 SW Morrison Street, 11th Floor
Portland, Oregon 97204-3141
Telephone:[phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for CGrowth Capital, Inc., Keystone
Financial Management, Inc., and William M.
Wright, III

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IT IS SO ORDERED:

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_____________________________
UNITED STATES MAGISTRATE JUDGE

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March 28, 2018
DATED: ______________________

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MEMORANDUM OF POINTS AND AUTHORITIES

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The Court should grant Garvey Schubert Barer’s application to withdraw as attorneys of

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record for Defendants CGrowth Capital, Inc., Keystone Financial Management, Inc. and William

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M. Wright, III pursuant to the Nevada Rules of Professional Conduct (“NRPC”) 1.16 and LR IA

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11-6. As set forth in the Declaration of Eryn Karpinski Hoerster attached hereto, notice of

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Garvey Schubert Barer’s motion to Withdraw was mailed to Plaintiffs and all Defendants on

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March 9, 2018, and Garvey Schubert Barer has good cause to withdraw.
NPRC 1.16 provides, in pertinent part, that a lawyer may withdraw from representation

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where:
-2MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR CGROWTH CAPITAL, INC.,
WILLIAM M. WRIGHT, III, AND KEYSTONE FINANCIAL MANAGEMENT, INC.

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(1)

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Withdrawal can be accomplished without material adverse effect on the
interests of the client;

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(6)

The representation will result in unreasonable financial burden on the
lawyer or has been rendered unreasonably difficult by the client; or

(7)

Other good cause exists for withdrawal.

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NRPC 1.16(b).
The attached Declaration of Eryn Karpinski Hoerster is incorporated herein by reference

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and establishes that good cause exists for the withdrawal of Garvey Schubert Barer as counsel

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for Defendants, and that the withdrawal can be accomplished without adversely affecting the

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interest of the clients.
WHEREFORE, the undersigned respectfully requests that this court enter an order

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approving the withdrawal of Garvey Schubert Barer as attorneys of record for Defendants, and

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for such other and further relief as the Court deems just and proper.

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Dated: March 9, 2018

GARVEY SCHUBERT BARER

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By: /s/ Eryn Karpinski Hoerster
Gary I. Grenley (Pro Hac Vice)
Eryn Karpinski Hoerster (Pro Hac Vice)
121 SW Morrison Street, 11th Floor
Portland, Oregon 97204-3141
Telephone:[phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for CGrowth Capital, Inc., Keystone
Financial Management, Inc., and William M.
Wright, III

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-3MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR CGROWTH CAPITAL, INC.,
WILLIAM M. WRIGHT, III, AND KEYSTONE FINANCIAL MANAGEMENT, INC.

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DECLARATION OF ERYN KARPINSKI HOERSTER IN SUPPORT OF
MOTION TO WITHDRAW AS ATTORNEY OF RECORD

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I, Eryn Karpinski Hoerster, declare in support of this Motion to Withdraw as Attorney of
Record:
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I am an attorney admitted pro hac vice, I am a principal in the law firm of Garvey

Schubert Barer, and am one of the attorneys of record for Defendants in the instant matter.
2.

I make this declaration in support of the Motion to Withdraw as Attorneys of

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Record in the matter styled Philip Wingen, et al. v. Ventrum Energy Corp., et al., filed in the

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United States District Court, District of Nevada, Case No. 2:15-cv-02043-JCM-VCF.

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3.

On or about April 21, 2017, Defendants entered into an engagement agreement

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with Garvey Schubert Barer in which Garvey Schubert Barer has represented Defendants in this

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action pursuant to its terms.

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4.

Garvey Schubert Barer has performed its obligations as counsel for Defendants in

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a skillful and diligent manner. Defendants have failed to meet substantial obligations owed to

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Garvey Schubert Barer. These failures require Garvey Schubert Barer to withdrawal as counsel.

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This Motion is brought in good faith and not for purposes of any delay.

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5.

Defendants will continue to be represented by Nevada counsel, Mr. Frederick C.

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Bauman, whose address is 6640 Sky Pointe Dr., Ste 140-149, Las Vegas, NV 89131, and

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Telephone number [phone].

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6.

Defendants were provided notice of Garvey Schubert Barer’s intent to file the

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Motion to Withdraw on February 28, 2018. Prior to that, Garvey Schubert Barer notified

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Defendants on February 16, 2018, that financial obligations would need to be brought current for

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Garvey Schubert Barer to continue representation.

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7.

I declare under penalty of perjury of the laws of the State of Oregon that the

foregoing is true and correct.
Executed this 9th day of March, 2018.
/s/ Eryn Karpinski Hoerster
Eryn Karpinski Hoerster

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-4MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR CGROWTH CAPITAL, INC.,
WILLIAM M. WRIGHT, III, AND KEYSTONE FINANCIAL MANAGEMENT, INC.

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CERTIFICATE OF SERVICE
I hereby certify that I served the foregoing MOTION TO WITHDRAW AS

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ATTORNEYS OF RECORD FOR CGROWTH CAPITAL, INC., WILLIAM M.

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WRIGHT, III, AND KEYSTONE FINANCIAL MANAGEMENT, INC. on all counsel of

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record by the following indicated method or methods on the date set forth below:

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Via Electronic Court Filing:

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Dylan T. Ciciliano
Garman Turner Gordon LLP
650 White Drive
Suite 101
Las Vegas, NV 89119
Email: [e-mail]

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Nik Skrinjaric
Nik Skrinjaric Attorney at Law
8430 West Lake Mead Blvd., Ste. 100
Las Vegas, NV 89128
Email: [e-mail]

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Fara Daun
Stellar Pacific Business Law PLLC
9505 19th Ave. SE, Suite 109
Everett, WA 98208
Email: [e-mail]

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Frederick C Bauman
Bauman & Associates
5595 Egan Crest Dr.
Las Vegas, NV 89149
Email: [e-mail]

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Via United States First Class Mail:
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Avihail Kochlani
5855 Shirley Avenue
Tarzana, CA 91356

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Catherine Elkins
7866 S. Miller Lane
Las Vegas, NV 89113

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DATED this 9th day of March, 2018.

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/s/ Eryn Karpinski Hoerster
Eryn Karpinski Hoerster
(admitted Pro Hac Vice)

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GSB:9317067.1

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-1CERTIFICATE OF SERVICE