Bank of America, N.A. v. The Villas Community Association et al

Filing 54

ORDER Granting 53 Motion to Withdraw as Attorney by Siria L. Gutierrez. Signed by Magistrate Judge Cam Ferenbach on 1/17/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 SIRIA L. GUTIERREZ, ESQ. Nevada Bar No. 011981 sgutierrez@lawhjc.com 3 HALL JAFFE & CLAYTON, LLP 4 7425 Peak Drive LAS VEGAS, NEVADA 89128 5 (702) 316-4111 FAX (702) 316-4114 6 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 BANK OF AMERICA, N.A., et al, CASE NO. 2:16-cv-00516-APG-VCF 12 Plaintiff, 13 MOTION FOR WITHDRAWAL OF COUNSEL 14 15 16 17 v. THE VILLAS COMMUNITY ASSOCIATION, et al., 18 19 Defendants. 20 21 In accordance with the Local Rule IA 10-6(b), Siria L. Gutierrez, hereby moves for leave to withdraw 22 from continued representation of THE VILLAS COMMUNITY ASSOCIATION. 23 This motion is made and based upon the below Memorandum of Points and Authorities and all of the pleadings an papers on file herein. 24 MEMORANDUM OF POINTS AND AUTHORITIES 25 26 27 28 1. Nevada Rules of Professional Conduct (“NRCP”) 1.16(b) states “ a lawyer may withdraw from representing a client if: (1) Withdrawal can be accomplished without material adverse effect on the interests of the client; or (7) Other good cause exists. See Nev. R. Prof. C. 1.16(b)(1) and (7) 1 2 2. Furthermore, “a lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating representation.” 3 4 3. Siria L. Gutierrez requests permission to withdraw because she is no longer associated with the law firm of Lipson, Neilson, Cole, Seltzer & Garin P.C. She is now an attorney with the law firm of Hall Jaffe & Clayton, LLP. 5 6 7 4. The law firm of Lipson, Neilson, Cole, Seltzer & Garin P.C. remains as counsel of record for The Villas Community Association. Therefore, withdrawal of Siria L. Gutierrez can be accomplished without material adverse effect on the interests of The HOA. 8 9 10 5. Siria L. Gutierrez requests this Court grant her motion to Withdraw as Counsel, thereby removing Siria L. Gutierrez from all e-filing and mailing service lists, effective immediately. 11 12 DATED this _11__ day of January, 2017. HALL JAFFE & CLAYTON, LLP 13 14 By: ___/s/ Siria L. Gutierrez____ 15 SIRIA L. GUTIERREZ, ESQ. Nevada Bar No. 011981 HALL JAFFE & CLAYTON, LLP 7425 Peak Drive Las Vegas, Nevada 89128 16 17 18 19 20 17th DATED this _____ day of January, 2017 IT IS SO ORDERED 21 22 BY____________________________________ UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2 1 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on the 11th day of January, 2017 and pursuant to FRCP 5(b), I served 3 via CM/ECF a correct copy of the foregoing MOTION FOR WITHDRAWAL OF COUNSEL, to all 4 parties through the U.S. District Court’s CM/ECF system. 5 6 7 _________/s/ Amanda Di Dio_________ 8 9 An employee of HALL JAFFE & CLAYTON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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