Soto v. Aria Resort & Casino, LLC et al

Filing 99

ORDER Granting Plaintiff's 98 Motion for Extension of Time to Obtain Counsel. Plaintiff shall have until 2/8/2017 to retain substitute counsel who shall make an appearance in this case. If counsel has not made an appearance by the deadline , Plaintiff will be representing himself effective 2/8/2017 in all further proceedings. No further extension will be granted. Plaintiff has until 3/3/2017 to file Responses to 88 and 89 Motions for Summary Judgment. Signed by Magistrate Judge Peggy A. Leen on 2/1/2017. (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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***

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WILLIAM SOTO,

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v.

Case No. 2:16-cv-00064-JAD-PAL
Plaintiff,

ORDER
(Mot Ext Time – ECF No. 98)

ARIA RESORT & CASINO, LLC, et al.,
Defendants.

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Before the court is Plaintiff William Soto’s Motion for Extension of Time to Obtain

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Counsel (ECF No. 98). This is Plaintiff’s second request to obtain counsel. Plaintiff states that he

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has contacted numerous attorneys, and is speaking to a couple of attorneys “in the next few days,”

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but has not formally obtained counsel. Plaintiff does not specify how much more time he needs

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to retain counsel.

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On October 31, 2016, an Order (ECF No. 82) was entered allowing Soto’s counsel to

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withdraw, and gave Soto until November 21, 2016 to retain counsel. The court set a status check

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for November 22, 2016. At the status check, Soto appeared pro se and requested an additional 60

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days to locate replacement counsel. Although defense counsel objected to the extension, the court

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granted Plaintiff an additional 60 days, or until January 23, 2017, to obtain counsel. The court

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stated that “Plaintiff has until 1/23/2017 to locate replacement counsel, or he will be deemed as

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proceeding in pro se for all further proceedings.” Minutes of Proceedings (ECF No. 84).

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The Plaintiff has had 90 days in which to find replacement counsel and now requests

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another extension. As the Plaintiff states that he is meeting with a couple of attorneys in the next

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few days, the court will reluctantly grant Soto a one-week extension from the date of this order to

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find substitute counsel who shall make an appearance in this case in accordance with the Local

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Rules of Practice. No further extensions will be allowed. If counsel has not made an appearance
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by the deadline, Soto will proceed in this matter pro se, that is representing himself from this point

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forward. Soto will also be given a deadline to file his responses to pending motions for summary

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judgment filed December 22, 2016.

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For the reasons stated,

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IT IS ORDERED that:

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1. William Soto’s Motion for Extension of Time to Obtain Counsel (ECF No. 98) is

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GRANTED. Soto shall have until February 8, 2017 to retain substitute counsel who

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shall make an appearance in this case in accordance with the Local Rules of Practice.

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2. If counsel has not made an appearance by the deadline, Soto will be representing
himself effective February 8, 2017 in all further proceedings.

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3. No further extension will be granted.

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4. The Clerk of Court issued the standard order regarding the requirements of Klingele v

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Eikenberry and Rand v Rowland that outline how a pro se (self-represented) must

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respond to pending motions for summary judgment (ECF No 90).

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5. Soto, shall have until March 3, 2017 to file his responses to Defendants’ pending

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motions for summary judgment (ECF Nos 88 and 89) through counsel if he has been

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able to retain counsel or on his own if he has not. Failure to timely file responses to

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the pending motions may result in dismissal of this case, and/or judgment entered

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in favor of the defendants.

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DATED this 1st day of February, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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