Henderson v. Nevada Department of Corrections et al
Filing
37
ORDER that 36 Plaintiff's Motion to Withdraw as Attorney is GRANTED. Cal J. Potter, III and Cal J. Potter, IV withdrawn from the case. FURTHER ORDERED that 35 Motion to Stay is DENIED without prejudice. FURTHER ORDERED that the Clerk shall send a copy of this order to Plaintiff. Signed by Magistrate Judge Carl W. Hoffman on 9/26/17. (Copies have been distributed pursuant to the NEF - MMM)
1
UNITED STATES DISTRICT COURT
2
DISTRICT OF NEVADA
3
4
5
6
7
8
9
DARRYL HENDERSON,
)
)
Plaintiff,
)
)
v.
)
)
LAS VEGAS METROPOLITAN POLICE
)
DEPARTMENT, et al.,
)
)
Defendants.
)
_______________________________________ )
Case No. 2:16-cv-00276-JAD-CWH
ORDER
10
Presently before the Court are Plaintiff Darryl Henderson’s attorney’s motion to stay
11
proceedings (ECF No. 35) and motion to withdraw as attorney (ECF No. 36), filed on September 19,
12
2017. Plaintiff’s counsel moves to withdraw from this case, citing illness on the part of Cal J. Potter,
13
III, Esq., and financial burden on the part of C.J. Potter, IV, Esq. Plaintiff’s counsel also requests an
14
indefinite stay of discovery, allowing Plaintiff an opportunity to retain new counsel.
15
Upon review, the Court finds good cause to grant the motion to withdraw. However, the
16
Court does not find good cause for an indefinite stay of discovery at this time. Given that discovery
17
does not close in this matter until February 12, 2018 (ECF No. 34), the Court finds that Plaintiff will
18
have ample opportunity to retain new counsel, and further finds no suggestion that he would be
19
unduly prejudiced by current counsel’s withdrawal before retaining new counsel.
20
//
21
//
22
//
23
//
24
//
25
//
26
//
27
//
28
//
1
1
2
3
4
5
6
7
IT IS THEREFORE ORDERED that Plaintiff’s counsel to withdraw (ECF No. 36) is
GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s motion to stay (ECF No. 35) is DENIED
without prejudice.
IT IS FURTHER ORDERED that the Clerk shall send a copy of this order to Plaintiff at the
following address: 3814 Peaceful Hills, N. Las Vegas, Nevada 89032.
DATED: September 26, 2017
8
9
_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?