Boyle et al v. Hilton Hotels Corporation, et al

Filing 21

ORDER. IT IS ORDERED that Mr. Woods and Mr. Dicarlo shall file a statement explaining the basis for their implicit representations that Mr. Woods maintains an office in Nevada and is a "resident" member of the bar. That statement must be filed by 5/4/2017. In lieu of that statement, Mr. Woods may comply with the requirements of Local Rule IA 11-1(b) and Mr. Dicarlo may associate a proper resident member of the bar of this Court as local counsel by 5/4/2017. Signed by Magistrate Judge Nancy J. Koppe on 4/20/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL BOYLE et al.,
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Plaintiff(s),
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v.
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HILTON HOTELS CORPORATION, et al.,
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Defendant(s).
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Case No. 2:16-cv-02250-RFB-NJK
ORDER

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Attorney Kyle R. Woods has been appearing in this case on behalf of Defendants. The Court

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takes judicial notice of the bar records showing that Mr. Woods is admitted to practice in Nevada, but

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that his office is located in Georgia. Cf. White v. Martel, 601 F.3d 882, 885 (9th Cir. 2010) (courts may

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take judicial notice of bar records).1 Attorneys who are admitted to practice in Nevada but do not

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“maintain an office” here must comply with Local Rule IA 11-1(b). It does not appear that Mr. Woods

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maintains an office in Nevada. Compare Local Rule IA 11-1(b)(1) (“A . . . mail-drop location does not

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constitute an office under this rule”) with Docket No. 13 (providing local mailing address that is “c/o”

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another person). Nonetheless, Mr. Woods has not complied with the requirements in Local Rule 11-

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1(b).

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As is evident by the docket, Mr. Woods’ CM/ECF account similarly identifies his office location
as being in Georgia.

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Attorney Patrick C. Dicarlo is appearing pro hac vice in this case on behalf of Defendants. To

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appear pro hac vice, an out-of-state attorney “must associate a resident member of the bar of this court

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as co-counsel.” Local Rule IA 11-2(d) (emphasis added). Mr. Dicarlo’s application to appear pro hac

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vice lists Mr. Woods as that bar member, see Docket No. 11 at 4, but for the reasons discussed above,

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it does not appear that Mr. Woods qualifies as a “resident member of the bar.”

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In light of the above circumstances, Mr. Woods and Mr. Dicarlo shall file a statement explaining

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the basis for their implicit representations that Mr. Woods maintains an office in Nevada and is a

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“resident” member of the bar. That statement must be filed by May 4, 2017. In lieu of that statement,

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Mr. Woods may comply with the requirements of Local Rule IA 11-1(b) and Mr. Dicarlo may associate

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a proper resident member of the bar of this Court as local counsel by May 4, 2017.

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IT IS SO ORDERED.

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DATED: April 20, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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