Bank of New York Mellon, v. Imagination North Landscape Maintenance Association, et al

Filing 163

ORDER that ECF No. 159 Motion to Remove Attorney from Electronic Service List is DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 8/7/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF NEW YORK MELLON,

Case No.: 2:16-cv-00383-MMD-NJK

Plaintiff(s),
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Order

v.
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[Docket No. 159]
IMAGINATION NORTH LANDSCAPE
MAINTENANCE ASSOCIATION, et al.,
Defendant(s).
Pending before the Court is a motion to be removed from the CM/ECF service list filed by

14 counsel for the trustee of the Alessi & Koenig bankruptcy estate. Docket No. 159. The motion
15 indicates that the trustee will not be participating in this case and that appropriate action may be
16 pursued against Alessi & Koenig. See id. at 2. No legal authority or meaningfully developed
17 argument is provided that such circumstances justify removal of an attorney from the CM/ECF
18 service list. Moreover, there could be advantages to not taking such action, including providing
19 notice and service of future filings through the CM/ECF system. See Fed. R. Civ. P. 55(b)(2) (“If
20 the party against whom a default judgment is sought has appeared personally or by a representative,
21 that party or its representative must be served with written notice of the application [for default
22 judgment] at least 7 days before the hearing”); see also Fed. R. Civ. P. 5(b)(2)(E) (allowing for
23 service through electronic court filing systems). Having been provided no explanation why
24 removal from the CM/ECF list is appropriate, the instant motion is DENIED without prejudice.
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IT IS SO ORDERED.

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Dated: August 7, 2019

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______________________________
Nancy J. Koppe
United States Magistrate Judge

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