Bank Of New York Mellon v Nevada Association Services, Inc.

Filing 95

ORDER Granting 91 Motion to Withdraw Attorney Christopher Yergensen from the case. The Court hereby ADMONISHES Mr. Yergensen and CAUTIONS him that he must comply with his ethical duties more promptly moving forward. The order to show cause 88 is DISCHARGED. Signed by Magistrate Judge Nancy J. Koppe on 7/29/2019. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON,

Case No.: 2:16-cv-01303-KJD-NJK

Plaintiff(s),
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ORDER

v.
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[Docket Nos. 88, 91]
NEVADA ASSOCIATION SERVICES,
INC., et al.,
Defendant(s).

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Pending before the Court is an order to show cause and a motion to withdraw as counsel.

17 See Docket Nos. 88, 91. With respect to the order to show cause, it is clear that attorney
18 Christopher Yergensen did not promptly seek to withdraw as counsel in this case despite the
19 termination of his services by Defendant Nevada Association Services. No valid justification has
20 been advanced for that delay.

The Court hereby ADMONISHES Mr. Yergensen and

21 CAUTIONS him that he must comply with his ethical duties more promptly moving forward.
22 Failure to do so may result in the imposition of sanctions. In all other respects, the order to
23 show cause is DISCHARGED.
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With respect to Mr. Yergensen’s motion to withdraw, a notice of appearance has been filed

25 by attorney Brandon Wood on behalf of Nevada Association Services. See Docket No. 93.1 As
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It is not entirely clear if or how Nevada Association Services will proceed with this case.
See Docket No. 94 (document entitled “Notice of Intent to Defend,” the body of which indicates
28 that Nevada Association Services decided to abandon its defense of this case and understands that
default may be entered against it). The Court assumes that Nevada Association Services will
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1 such, the motion to withdraw will be treated as a motion to substitute and, as so construed, it is
2 GRANTED.
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IT IS SO ORDERED.

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Dated: July 29, 2019
______________________________
Nancy J. Koppe
United States Magistrate Judge

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participate in this case. The Court expresses no opinion herein as to any consequences that may
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