Klaizner v. Cheesecake Factory Restaurants, Inc.

Filing 28

ORDER Granting 26 Motion to Withdraw as Attorney. Aaron A. Heaton withdrawn from the case. Signed by Magistrate Judge Peggy A. Leen on 7/12/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-01801-APG-PAL Document 26 Filed 07/06/17 Page 1 of 5

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Todd L. Moody (5430)
Richard L. Wade (11879)
HUTCHISON & STEFFEN, LLC
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, Nevada 89145
[phone]
[phone]
[e-mail]
[e-mail]

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Aaron Heaton (11595)
HEATON & ASSOCIATES
8670 W. Cheyenne Ave., Suite 120
Las Vegas, Nevada 89129
[e-mail]

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Attorneys for Plaintiff
BENITA KLAIZNER

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UNITED STATES DISTRICT COURT

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CLARK COUNTY, NEVADA

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BENITA KLAIZNER,

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Plaintiff,

CASE NO.: 2:16-CV-01801-APG-PAL
MOTION TO WITHDRAW AS
CO-COUNSEL OF RECORD

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vs.

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CHEESECAKE FACTORY RESTAURANTS,
INC.; DOES 1 through 10, inclusive; and ROE
CORPORATIONS I through V, inclusive;

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Defendants.

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Aaron Heaton, co-counsel, on behalf of Plaintiff Benita Klaizner (“Plaintiff”), hereby

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requests to withdraw as co-counsel for Plaintiff in the above-entitled matter, and allow Todd L.

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Moody and Richard L. Wade of Hutchison & Steffen to proceed as counsel for the Plaintiff.

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Case 2:16-cv-01801-APG-PAL Document 26 Filed 07/06/17 Page 2 of 5

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Aaron Heaton further requests an order from the Court to be removed from the United States

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District Court for the District of Nevada’s CM-ECF service list for Case No. 2:16-CV-01801-

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APG-PAL.

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6th

DATED this ____ day of July, 2017.
HUTCHISON & STEFFEN, LLC

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/s/ Todd L. Moody
Todd L. Moody (5430)
Richard L. Wade (11879)
10080 West Alta Drive, Suite 200
Las Vegas, Nevada 89145
Phone [phone]
Fax [phone]
[e-mail]
[e-mail]

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HEATON & ASSOCIATES

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/s/ Aaron Heaton
Aaron Heaton (11595)
HEATON & ASSOCIATES
8670 W. Cheyenne Ave., Suite 120
Las Vegas, Nevada 89129
[e-mail]

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Attorneys for Plaintiff
BENITA KLAIZNER

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Based upon the Motion to Withdraw (ECF No. 26), and the Errata (27) containing the
signed affidavit of Aaron Heaton,
IT IS SO ORDERED this 12th day of July, 2017.
____________________________
Peggy A. Leen
United States Magistrate Judge

Case 2:16-cv-01801-APG-PAL Document 26 Filed 07/06/17 Page 3 of 5

AFFIDAVIT OF AARON HEATON

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STATE OF NEVADA
COUNTY OF CLARK

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AARON HEATON, being first duly sworn, deposes and says:
I.

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That affiant is principal partner of the law firm of Heaton & Associates, and that said
law firm and affiant were retained by Plaintiff, Benita Klaizner to represent her regarding a
claim stemming from personal injuries sustained at the Cheesecake Factory in Las Vegas,
Nevada, February 14, 2014.
II.

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The claim could not be resolved, therefore, litigation was initiated in the Eighth Judicial
District Court, District of Nevada on February 8, 2016. (Case No. A-16-731472-C.)
III.

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Defendant, Cheesecake Factory filed a Notice of Removal, moving the case from Clark
County District Court (“State Court”) to U.S. District Court, District of Nevada (“Federal
Court”) on July 28, 2016, based upon diversity of citizenship (ECF 2).
IV.

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A mutual decision was made by affiant and Plaintiff to associate the law firm of
Hutchison & Steffen to litigate this matter on behalf of Plaintiff, based upon Hutchison &
Steffen’s litigation experience in Federal Court (ECF 10).
V.

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I have not applied for admission to practice in Federal Court pursuant to LR IA 11-1, nor
do I wish to do so at this time.
VI.
That your affiant respectfully requests that this Honorable Court issue an Order allowing
affiant and affiant's law firm, Heaton & Associates, to withdraw as co-counsel of record for the
above-named Plaintiff, and further requests that Aaron Heaton and Heaton & Associates be
removed from the service list for Case No. 2:16-CV-01801-APG-PAL.
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Case 2:16-cv-01801-APG-PAL Document 26 Filed 07/06/17 Page 4 of 5

VII.

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Representation for Plaintiff will continue by and through Todd L. Moody and Richard L.

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Wade of Hutchison & Steffen, which affiant knows to be currently doing business at: 10080 W.
Alta Drive, Suite 200, Las Vegas, NV 89145, [phone].

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AARON HEATON

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State of Nevada - County of Clark
Subscribed and sworn to before me
this

day of July, 2017,

Aaron Heaton.

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__________________________________
NOTARY PUBLIC in and for said
County and Sate.

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Case 2:16-cv-01801-APG-PAL Document 26 Filed 07/06/17 Page 5 of 5

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CERTIFICATE OF SERVICE
6th
I hereby certify that on the _____ day of July, 2017, the foregoing document entitled:

OTION TO WITHDRAW AS CO-COUNSEL OF RECORD served via electronic service
through the United States District Court for the District of Nevada’s ECF System upon each
party in the case who is registered as an electronic case filing user with the Clerk.

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/s/ Shaun L. Bruce
An employee of Hutchison & Steffen, LLC

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