Krogstad v. Nationwide Biweekly Administration, Inc. et al

Filing 159

ORDER Granting 156 Motion to Withdraw as Attorney. IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known addresses of Defendants to the civil docket and send a copy of this Order. See Order for deadlines. Signed by Magistrate Judge Daniel J. Albregts on 8/18/2020. (Copies have been distributed pursuant to the NEF - cc: Defendants - MR)

Case 2:16-cv-00465-APG-DJA Document 159 Filed 08/18/20 Page 1 of 3

1
2
UNITED STATES DISTRICT COURT

3

DISTRICT OF NEVADA

4

***

5
6

DEAN KROGSTAD,
Plaintiff,

7
8
9
10
11

Case No. 2:16-cv-00465-APG-DJA
ORDER

v.
NATIONWIDE BIWEEKLY
ADMINISTRATION, INC., LOAN
PAYMENT ADMINISTRATION LLC and
DANIEL LIPSKY,
Defendants.

12
13

This matter is before the Court on Defense Counsel Carol Davis Zucker’s Motion to

14

Withdraw (ECF No. 156), filed on August 15, 2020. Pursuant to Local Rule (“LR”) IA 11-6,

15

“[n]o attorney may withdraw after appearing in a case except by leave of Court after notice has

16

been served on the affected client and opposing counsel.” See LR IA 11-6(b). Having reviewed

17

the motion, the Court finds that requirements of LR IA 11-6(b) have been met. Ms. Zucker

18

indicates that she was retained for limited legal services and that the limited services have been

19

completed given the Court’s recent ruling. The Court will require that Defendant Daniel Lipsky

20

notify the Court by September 16, 2020 as to his intent to proceed pro se or with other

21

representation. Failure to do so may result in dispositive sanctions

22

Further, the Court will require that Defendants Nationwide Biweekly Administration, Inc.

23

and Loan Payment Administration LLC advise the Court if it will retain new counsel by

24

September 16, 2020 as it must retain new counsel if it intends to continue to litigate this matter.

25

See United States v. High Country Broad., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam); In re

26

Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (stating that “[c]orporations and other

27

unincorporated associations must appear in court through an attorney.”). Filing a notice of new

28

counsel on or before September 16, 2020 is sufficient to comply with the Court’s order. Failure

Case 2:16-cv-00465-APG-DJA Document 159 Filed 08/18/20 Page 2 of 3

1

to respond may result in a recommendation to the United States District Judge assigned to this

2

case that dispositive sanctions be issued against Defendants Nationwide Biweekly

3

Administration, Inc. and Loan Payment Administration LLC, including dismissal of this action.

4
5

IT IS HEREBY ORDERED that Defense Counsel Carol Davis Zucker’s Motion to
Withdraw (ECF No. 156) is GRANTED.

6

IT IS FURTHER ORDERED that Defendant Daniel Lipsky shall notify the Court as to

7

whether he intends to proceed pro se or retain counsel by September 16, 2020. Failure to notify

8

the Court as to his representation status may subject him to dispositive sanctions, including a

9

recommendation for dismissal of this action.

10

IT IS FURTHER ORDERED that Defendant Nationwide Biweekly Administration, Inc.

11

shall have until September 16, 2020 to advise the Court if it will retain new counsel. Failure to

12

notify the Court as to their new representation may subject it to dispositive sanctions, including a

13

recommendation for dismissal of this action.

14

IT IS FURTHER ORDERED that Defendant Loan Payment Administration LLC shall

15

have until September 16, 2020 to advise the Court if it will retain new counsel. Failure to notify

16

the Court as to their new representation may subject it to dispositive sanctions, including a

17

recommendation for dismissal of this action

18

IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known

19

addresses of Defendants to the civil docket and send a copy of this Order to Defendant’s last

20

known address:

21

Daniel Lipsky

22

8234 Voltaire Court

23

Waynesville, Ohio 45068

24

[phone]

25
26

///

27

///

28
Page 2 of 3

Case 2:16-cv-00465-APG-DJA Document 159 Filed 08/18/20 Page 3 of 3

1

Nationwide Biweekly Administration, Inc.

2

c/o Daniel Lipsky, Registered Agent

3

8234 Voltaire Court

4

Waynesville, Ohio 45068

5

[phone]

6
7

Loan Payment Administration LLC

8

c/o Daniel Lipsky, Registered Agent

9

8234 Voltaire Court

10

Waynesville, Ohio 45068

11

[phone]

12
13

DATED: August 18, 2020

14
15

DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
Page 3 of 3