Soto v. Aria Resort & Casino, LLC et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:16-cv-00064-JAD-PAL
(Mot Ext Time – ECF No. 98)
ARIA RESORT & CASINO, LLC, et al.,
Before the court is Plaintiff William Soto’s Motion for Extension of Time to Obtain
Counsel (ECF No. 98). This is Plaintiff’s second request to obtain counsel. Plaintiff states that he
has contacted numerous attorneys, and is speaking to a couple of attorneys “in the next few days,”
but has not formally obtained counsel. Plaintiff does not specify how much more time he needs
to retain counsel.
On October 31, 2016, an Order (ECF No. 82) was entered allowing Soto’s counsel to
withdraw, and gave Soto until November 21, 2016 to retain counsel. The court set a status check
for November 22, 2016. At the status check, Soto appeared pro se and requested an additional 60
days to locate replacement counsel. Although defense counsel objected to the extension, the court
granted Plaintiff an additional 60 days, or until January 23, 2017, to obtain counsel. The court
stated that “Plaintiff has until 1/23/2017 to locate replacement counsel, or he will be deemed as
proceeding in pro se for all further proceedings.” Minutes of Proceedings (ECF No. 84).
The Plaintiff has had 90 days in which to find replacement counsel and now requests
another extension. As the Plaintiff states that he is meeting with a couple of attorneys in the next
few days, the court will reluctantly grant Soto a one-week extension from the date of this order to
find substitute counsel who shall make an appearance in this case in accordance with the Local
Rules of Practice. No further extensions will be allowed. If counsel has not made an appearance
by the deadline, Soto will proceed in this matter pro se, that is representing himself from this point
forward. Soto will also be given a deadline to file his responses to pending motions for summary
judgment filed December 22, 2016.
For the reasons stated,
IT IS ORDERED that:
1. William Soto’s Motion for Extension of Time to Obtain Counsel (ECF No. 98) is
GRANTED. Soto shall have until February 8, 2017 to retain substitute counsel who
shall make an appearance in this case in accordance with the Local Rules of Practice.
2. If counsel has not made an appearance by the deadline, Soto will be representing
himself effective February 8, 2017 in all further proceedings.
3. No further extension will be granted.
4. The Clerk of Court issued the standard order regarding the requirements of Klingele v
Eikenberry and Rand v Rowland that outline how a pro se (self-represented) must
respond to pending motions for summary judgment (ECF No 90).
5. Soto, shall have until March 3, 2017 to file his responses to Defendants’ pending
motions for summary judgment (ECF Nos 88 and 89) through counsel if he has been
able to retain counsel or on his own if he has not. Failure to timely file responses to
the pending motions may result in dismissal of this case, and/or judgment entered
in favor of the defendants.
DATED this 1st day of February, 2017.
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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