Bank of America, N.A. v. South Valley Ranch Community Association, et al

Filing 31

ORDER. IT IS ORDERED that 30 attorney Wolfe Thompson's Motion to Withdraw as Attorney for Homeowner Association Services, Inc. is GRANTED. IT IS FURTHER ORDERED that Mr. Thompson must serve a copy of this order on Defendant Homeowner Associat ion Services, Inc. and must file proof of that service by 3/27/17. IT IS FURTHER ORDERED that on or before 4/10/17, Defendant Homeowner Association Services, Inc. must retain a new attorney and that attorney must file a notice of appearance in this case. Signed by Magistrate Judge Carl W. Hoffman on 3/20/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 BANK OF AMERICA, N.A., 8 9 10 11 12 ) ) Plaintiff, ) ) vs. ) ) SOUTH VALLEY RANCH COMMUNITY ) ASSOCIATION, et al., ) ) Defendants. ) __________________________________________) Case No. 2:16-cv-01013-KJD-CWH ORDER 13 14 Presently before the court is attorney Wolfe Thompson’s Motion to Withdraw as Attorney 15 for Homeowner Association Services, Inc. (“HASI”) (ECF No. 30), filed on February 22, 2017. 16 No responses to the motion were filed. 17 Mr. Thompson moves to withdraw as attorney for Defendant HASI, arguing that neither his 18 client nor its representatives have been responding to his requests for payment and that it would be 19 a financial burden for him to continue representing Defendant HASI. The motion includes a 20 certificate of service stating that a copy of his motion to withdraw was served on Defendant HASI 21 by United States mail on February 22, 2017. Defendant HASI did not oppose the motion, which 22 constitutes a consent to the granting of the motion under Local Rule 7-6(d). 23 Having reviewed and considered the motion, and good cause appearing, the court will grant 24 the motion to withdraw and order Defendant HASI to retain a new attorney. Defendant HASI is 25 advised that because it is a corporation, it cannot represent itself and must be represented by an 26 attorney in this action. See In re Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (stating that 27 “[c]orporations and other unincorporated associations must appear in court through an attorney.”). 28 Defendant HASI further is advised that failure to retain an attorney may result in the imposition of 1 sanctions under Local Rule IA 11-8. 2 3 IT IS THEREFORE ORDERED that attorney Wolfe Thompson’s Motion to Withdraw as Attorney for Homeowner Association Services, Inc. (ECF No. 30) is GRANTED. 4 IT IS FURTHER ORDERED that Mr. Thompson must serve a copy of this order on 5 Defendant Homeowner Association Services, Inc. and must file proof of that service by March 27, 6 2017. 7 IT IS FURTHER ORDERED that on or before April 10, 2017, Defendant Homeowner 8 Association Services, Inc. must retain a new attorney and that attorney must file a notice of 9 appearance in this case. 10 11 DATED: March 20, 2017 12 13 14 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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