Ditech Financial LLC et al v. SFR Investments Pool 1, LLC et al

Filing 62

ORDER granting 61 Motion to Withdraw as Counsel of Record for plaintiff Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac). Vatana Lay and Ariel E. Stern withdrawn from the case. Signed by Magistrate Judge Nancy J. Koppe on 8/24/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:15-cv-02381-GMN-NJK Document 61 Filed 08/23/18 Page 1 of 7

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada Bar No. 12993
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff Federal National Mortgage Association

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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DITECH FINANCIAL LLC; FEDERAL
NATIONAL MORTGAGE ASSOCIATION;
FEDERAL HOUSING FINANCE AGENCY, as
Conservator of Fannie Mae,
Plaintiffs,
vs.
SFR INVESTMENTS POOL 1, LLC; ALESSI
&
KOENIG,
LLC;
FIESTA
PARK
HOMEOWNERS' ASSOCIATION,
Defendants.

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Case No.: 2:15-cv-02381-GMN-NJK

MOTION TO WITHDRAW AS COUNSEL
OF RECORD FOR FEDERAL NATIONAL
MORTGAGE
ASSOCIATION
AND
FEDERAL HOME LOAN MORTGAGE
CORPORATION

Case 2:15-cv-02381-GMN-NJK Document 61 Filed 08/23/18 Page 2 of 7

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The law firm of Akerman LLP, counsel of record for plaintiff Federal National Mortgage

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Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac), moves

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the court for an order allowing the law firm and its attorneys to withdraw as counsel of record. The

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motion is based upon the points and authorities and the Affidavit of Vatana Lay below.

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DATED this 23rd day of August, 2018.

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AKERMAN LLP

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/s/ Vatana Lay, Esq.
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Attorneys for Plaintiff Federal National Mortgage
Association

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AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Case 2:15-cv-02381-GMN-NJK Document 61 Filed 08/23/18 Page 3 of 7

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AFFIDAVIT IN SUPPORT OF MOTION TO WITHDRAW

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STATE OF NEVADA

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COUNTY OF CLARK

)
) ss.
)

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Vatana Lay, Esq., being first duly sworn, deposes and says:

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1.

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I am a duly licensed attorney in the State of Nevada, an associate with the law firm of

Akerman LLP, 1635 Village Center Circle, Suite 200, Las Vegas, Nevada 89134.

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2.

I make this affidavit in support of plaintiff's motion to withdraw.

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3.

This action was initiated when Ditech Financial LLC, Fannie Mae, and the Federal

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Housing Finance Agency (FHFA) filed a complaint on December 14, 2015. (ECF No. 1.)

AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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4.

Akerman first appeared in this action on January 26, 2016, as counsel for Fannie Mae

and Ditech Financial LLC. (ECF No. 6.)

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5.

On June 6, 2016, Fannie Mae, Freddie Mac, and FHFA filed an amended complaint

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that no longer listed Ditech as a plaintiff. (ECF No. 24.) Ditech asserts no claims in this matter and

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no claims are being asserted against Ditech, so the docket correctly lists Ditech as a terminated party.

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6.

as counsel for Fannie Mae, and Ariel Stern is still listed on the docket as counsel for Freddie Mac.

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However, Akerman attorneys Ariel Stern and Vatana Lay are still listed on the docket

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Akerman was informed last week that Fannie Mae wishes Akerman to withdraw as

counsel in this matter because all duties of counsel are already being performed by Snell & Wilmer.

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8.

To my knowledge, Freddie Mac has never asked Akerman to represent it in this

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matter. So far as Akerman has been able to determine, its only filing supposedly on behalf of

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Freddie Mac was in ECF No. 52, the notice of disassociation of Brett Coombs, and to the extent this

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filing claims Akerman represents Freddie Mac, it appears to have been filed in error.

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Case 2:15-cv-02381-GMN-NJK Document 61 Filed 08/23/18 Page 4 of 7

Case 2:15-cv-02381-GMN-NJK Document 61 Filed 08/23/18 Page 5 of 7

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MEMORANDUM OF POINTS AND AUTHORITIES
1.

Nevada Rules of Professional Conduct (NRPC) 1.16(b) states "… a lawyer may

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withdraw from representing a client if:… (1) Withdrawal can be accomplished without material

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adverse effect on the interests of the client; or (7) Other good cause exists. See Nev. R. Prof.

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C. 1.16(b)(1) and (7).

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AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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2.

Furthermore, "[a] lawyer must comply with applicable law requiring notice or

permission of a tribunal when terminating representation." Id.
3.

Pursuant to SCR 46. "the attorney in an action or special proceeding may be changed

at any time before judgment or final determination upon the order of the court or judge thereof on
the application of the attorney or client." See SCR 46(2).
4.

There are no hearings or trial dates set in this matter, so no delay of the proceedings

will result.
5.

As shown by the affidavit of Vatana Lay in support of this Motion to Withdraw as

Counsel of Record, as well as the arguments set forth above, withdrawal is appropriate.
6.

After Akerman's withdrawal, Fannie Mae will still be represented by Erica Stutman,

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Kelly Dove, Amy Sorenson, and Robin Perkins of the law firm Snell & Wilmer and by John

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Maddock of the law firm McGuireWoods LLP.

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7.

Freddie Mac will still be represented by John Maddock, Michael Stark, and Tenille

Checkovich of McGuireWoods and by Leslie Bryan Hart of Fennemore Craig PC.
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No party will be prejudiced by the complete withdrawal of Akerman LLP, including

its attorneys Ariel Stern and Vatana Lay, from the litigation.
DATED this 23rd day of August, 2018.

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AKERMAN LLP

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/s/ Vatana Lay, Esq.
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

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IT IS SO ORDERED.
Dated: August 24, 2018
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_________________________
Nancy J. Koppe
United States Magistrate Judge

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