Bank Of New York Mellon v. Maryland Pebble At Silverado Homeowners Association et al

Filing 64

ORDER that Aaron R. Dean's Motion to Withdraw (ECF No. 58 ) and Order Shortening Time (ECF No. 59 ) are GRANTED. Signed by Magistrate Judge Peggy A. Leen on 10/9/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BANK OF NEW YORK MELLON,

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v.

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Case No. 2:17-cv-00372-MMD-PAL
Plaintiff,

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(Mot WD Atty – ECF No. 58)
(Mot for OST – ECF No. 59)

MARYLAND PEBBLE AT SILVERADO
HOMEOWNERS ASSOCIATION, et al.,

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ORDER

Defendants.

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Before the court is movant Aaron R. Dean’s (“Dean”) Motion to Withdraw as Counsel of

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Record for defendant Las Vegas Equity Group, LLC (“LVEG”) (ECF No. 58) and Motion for

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Order Shortening Time (ECF No. 59). The motion represents that counsel and LVEG have had a

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breakdown in communication such that they have irreconcilable differences. Furthermore, LVEG

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has failed to pay its outstanding invoices due to movant. LVEG has represented to movant that it

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has engaged new counsel, Tara Clark Newberry, to further represent them in this matter. On

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September 11, 2018 Ms. Newberry filed a Notice of Appearance (ECF No 60).

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LR IA 11-6(b) provides that “[n]o attorney may withdraw after appearing in a case except

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by leave of the court after notice has been served on the affected client and opposing counsel.” LR

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IA 11-6(c) provides that the signature of an attorney to substitute in a case “constitutes an express

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acceptance of all dates then set for pretrial proceedings, for trial or hearing, by the discovery plan,

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or in any court order.” LR IA 11-6(d) also provides that the substitution of an attorney “shall not

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alone be reason for delay of pretrial proceedings, discovery, the trial, or any hearing in this case.”

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Accordingly,

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IT IS ORDERED that Aaron R. Dean’s Motion to Withdraw (ECF No. 58) and Order
Shortening Time (ECF No. 59) are GRANTED.
DATED this 9th day of October, 2018.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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