Ford v. Mueller

Filing 41

ORDER. IT IS ORDERED that 40 the motion to withdraw is hereby GRANTED. The Clerk's Office is INSTRUCTED to update the docket to reflect that Defendant is proceeding pro se. IT IS FURTHER ORDERED that 39 the motion to stay is hereby G RANTED to afford Defendant an opportunity to retain new counsel. IT IS FURTHER ORDERED that 36 the motion to consolidate is DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 9/1/17. (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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SHAWN FORD,
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Plaintiff(s),
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vs.
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SCOTT MUELLER,
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Defendant(s).
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__________________________________________)

Case No. 2:17-cv-00168-NJK
ORDER
(Docket Nos. 36, 39, 40)

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Pending before the Court is Defendant’s counsel’s motion to withdraw and to stay the case.

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Docket Nos. 39, 40. Also pending before the Court is a motion to consolidate, to which Defendant has

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not yet responded. See Docket No. 36.

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For good cause shown, the motion to withdraw (Docket No. 40) is hereby GRANTED. The

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Clerk’s Office is INSTRUCTED to update the docket to reflect that Defendant is proceeding pro se (at

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least on an interim basis) and that his mailing address is the address identified at Docket No. 40 at 2.

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For good cause shown, the motion to stay (Docket No. 39) is hereby GRANTED to afford

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Defendant an opportunity to retain new counsel. Unless Defendant earlier files a notice of intent to

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proceed pro se or has an attorney file a notice of appearance, the case is hereby STAYED until

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September 25, 2017. On or before that date, Defendant shall file (1) a notice of intent to proceed pro

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se, (2) a notice of an attorney’s appearance, or (3) a motion or stipulation to extend the stay. Within 14

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days of the lifting of the stay, the parties shall file a joint statement as to whether the scheduling order

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should be modified.

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As the case is being stayed and as Defendant did not have a sufficient opportunity to respond to

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the motion to consolidate, the motion to consolidate (Docket No. 36) is hereby DENIED without

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prejudice. Once Defendant files a notice of intent to proceed pro se or a notice of an attorney’s

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appearance, Touch LLC shall meet-and-confer with Defendant or his attorney, respectively, regarding

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consolidation. Any renewed motion to consolidate shall be filed within 14 days of the lifting of the stay.

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IT IS SO ORDERED.

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DATED: September 1, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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