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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    1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 WILLIAM SOTO, 8 9 10 v. Case No. 2:16-cv-00064-JAD-PAL Plaintiff, ORDER (Mot Ext Time – ECF No. 98) ARIA RESORT & CASINO, LLC, et al., Defendants. 11 12 Before the court is Plaintiff William Soto’s Motion for Extension of Time to Obtain 13 Counsel (ECF No. 98). This is Plaintiff’s second request to obtain counsel. Plaintiff states that he 14 has contacted numerous attorneys, and is speaking to a couple of attorneys “in the next few days,” 15 but has not formally obtained counsel. Plaintiff does not specify how much more time he needs 16 to retain counsel. 17 On October 31, 2016, an Order (ECF No. 82) was entered allowing Soto’s counsel to 18 withdraw, and gave Soto until November 21, 2016 to retain counsel. The court set a status check 19 for November 22, 2016. At the status check, Soto appeared pro se and requested an additional 60 20 days to locate replacement counsel. Although defense counsel objected to the extension, the court 21 granted Plaintiff an additional 60 days, or until January 23, 2017, to obtain counsel. The court 22 stated that “Plaintiff has until 1/23/2017 to locate replacement counsel, or he will be deemed as 23 proceeding in pro se for all further proceedings.” Minutes of Proceedings (ECF No. 84). 24 The Plaintiff has had 90 days in which to find replacement counsel and now requests 25 another extension. As the Plaintiff states that he is meeting with a couple of attorneys in the next 26 few days, the court will reluctantly grant Soto a one-week extension from the date of this order to 27 find substitute counsel who shall make an appearance in this case in accordance with the Local 28 Rules of Practice. No further extensions will be allowed. If counsel has not made an appearance 1     1 by the deadline, Soto will proceed in this matter pro se, that is representing himself from this point 2 forward. Soto will also be given a deadline to file his responses to pending motions for summary 3 judgment filed December 22, 2016. 4 For the reasons stated, 5 IT IS ORDERED that: 6 1. William Soto’s Motion for Extension of Time to Obtain Counsel (ECF No. 98) is 7 GRANTED. Soto shall have until February 8, 2017 to retain substitute counsel who 8 shall make an appearance in this case in accordance with the Local Rules of Practice. 9 10 2. If counsel has not made an appearance by the deadline, Soto will be representing himself effective February 8, 2017 in all further proceedings. 11 3. No further extension will be granted. 12 4. The Clerk of Court issued the standard order regarding the requirements of Klingele v 13 Eikenberry and Rand v Rowland that outline how a pro se (self-represented) must 14 respond to pending motions for summary judgment (ECF No 90). 15 5. Soto, shall have until March 3, 2017 to file his responses to Defendants’ pending 16 motions for summary judgment (ECF Nos 88 and 89) through counsel if he has been 17 able to retain counsel or on his own if he has not. Failure to timely file responses to 18 the pending motions may result in dismissal of this case, and/or judgment entered 19 in favor of the defendants. 20 DATED this 1st day of February, 2017. 21 22 PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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