Ruiz et al v. Stewart Title Company et al

Filing 18

ORDER Granting 17 Expedited Motion to Withdraw Attorney R. Duane Frizell for Plaintiffs. Mr. Frizell must serve a copy of this order on Plaintiffs and file proof of that service by 1/19/2018. The Clerk of Court must update the docket with Plaintiffs' contact information. Signed by Magistrate Judge Carl W. Hoffman on 1/12/2018. (Copies have been distributed pursuant to the NEF - copy mailed to Plaintiffs - SLD)

Case 2:17-cv-00944-RFB-CWH Document 17 Filed 01/11/18 Page 1 of 4

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R. DUANE FRIZELL, ESQ.
Nevada Bar No. 9807
FRIZELL LAW FIRM
400 N. Stephanie St., Suite 265
Henderson, Nevada 89014
Office [phone]
Fax [phone]
[e-mail]
Current Attorney for Plaintiff
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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ROBERT NUNEZ RUIZ, an Individual; and
TERESA LYNN RUIZ, an Individual,

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Plaintiffs,
vs.
STEWART TITLE GUARANTY
COMPANY, a Texas Corporation;
DOE DEFENDANTS 1 through 10; and
ROE ENTITIES 1 through 10,
Defendants.

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CASE NO: 2:17-cv-00944-RFB-CWH

EXPEDITED MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS
R. DUANE FRIZELL, ESQ. of the law firm FRIZELL LAW FIRM now files this
Expedited Motion to Withdraw as Counsel for Plaintiffs. In this connection, counsel moves this
Honorable Court for an order allowing him and his firm to withdraw as counsel of record for
Plaintiffs ROBERT NUNEZ RUIZ and TERESA LYNN RUIZ. In support of this Motion,
counsel would show the Court as follows:
POINTS AND AUTHORITIES
Local Rule IA 10-6(b) provides that, “[n]o attorney may withdraw after appearing in a
case except by leave of court after notice served on the affected client and opposing counsel.” In
this matter, attorney R. Duane Frizell, Esq. and his respective law firm are seeking permission
from this Court to withdraw as counsel for the Plaintiffs.
Counsel is seeking to withdraw because Plaintiffs and counsel have mutually and
amicably agreed to end their attorney-client relationship. Plaintiffs have instructed counsel to
take no further action in this matter whatsoever. Counsel has provided Plaintiffs with a copy of
the Court’s most recent scheduling order and explained the deadlines set forth therein. (See

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Case 2:17-cv-00944-RFB-CWH Document 17 Filed 01/11/18 Page 2 of 4

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Stipulation and Order to Extend Discovery Deadlines (Second Request) (filed Dec. 28, 2017)

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[Doc. 16]).

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Plaintiffs have been informed that counsel will be filing this Motion, and they have

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consented to it. Plaintiffs have further consented, in connection with this case, that their contact

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information be disclosed as follows:

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ROBERT RUIZ
[e-mail]
TERESA RUIZ
680 Ventana Cir.
Mesquite, NV 89027
Phone: [phone]

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Plaintiffs have also consented that, going forward, the above information may be used for

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contacting them and serving them with pleadings and papers in this action.

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WHEREFORE, R. DUANE FRIZELL, ESQ., and the FRIZELL LAW FIRM request the

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Court as follows:

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1.

to grant their Expedited Motion to Withdraw as Counsel for Plaintiffs;

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2.

to consider this Motion on an expedited basis;

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3.

to grant them leave to withdraw and to issue an order allowing them to withdraw

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as attorneys of record for Plaintiffs; and
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to grant them all such other relief to which they may be entitled at law or in
equity.

DATED: January 11, 2018.

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FRIZELL LAW FIRM

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By:

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__/s/ R. Duane Frizell_______________
R. DUANE FRIZELL, ESQ.
Nevada Bar No. 9807
Current Attorney for Plaintiffs

IT IS ORDERED that R. Duane Frizell's Expedited Motion to Withdraw as
Counsel for Plaintiffs (ECF No. 17) is GRANTED. IT IS FURTHER ORDERED
that Mr. Frizell must serve a copy of this order on plaintiffs and file proof of that
service by 1/19/2018. IT IS FURTHER ORDERED that the clerk of court must
update the docket with plaintiffs' contact information as stated on page 2 of
ECF No. 17.
DATED: January 12, 2018

_________________________________
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UNITED STATES MAGISTRATE JUDGE

Case 2:17-cv-00944-RFB-CWH Document 17 Filed 01/11/18 Page 3 of 4

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VERIFICATION BY DECLARATION
I, R. DUANE FRIZELL, ESQ., hereby declare as follows: I am and have been the attorney
for the Plaintiffs in this action since its inception, and therefore have personal knowledge of the
proceedings in this action since that time; I am over 18 years old, have never been convicted of a
felony, and am fully competent to make this Declaration; I am making this Declaration upon my
personal knowledge, to the best of my recollection; all of the factual statements set forth in the
foregoing EXPEDITED MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS are true
and correct, to the best of my recollection; I make this Declaration under the penalty of perjury
of the laws of the United States and the State of Nevada; and I make this Declaration in
Henderson, Nevada.

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__/s/ R. Duane Frizell_______________
R. DUANE FRIZELL, ESQ.

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January 11, 2018
Date

Case 2:17-cv-00944-RFB-CWH Document 17 Filed 01/11/18 Page 4 of 4

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CERTIFICATE OF SERVICE
I hereby certify that I am a citizen of the United States and am employed in Clark
County, Nevada, where this mailing occurs. I am over the age of eighteen years and not a party
to the within entitled action; my business address is 400 N. Stephanie St. Suite 265, Henderson,
Nevada 89014.

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On January 11, 2018, I served the foregoing document(s) described as EXPEDITED
MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS, together with any and all
exhibits and other attachments, on interested party(ies) in this action as follows:

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DOUGLAS D. GERRARD, ESQ.*
JOHN M. LANGEVELD, ESQ.*
GERARD, COX & LARSEN
2450 St. Rose Parkway, Suite 200
Henderson, Nevada 89074
Attorneys for Defendants

ROBERT RUIZ**
[e-mail]
TERESA RUIZ
680 Ventana Cir.
Mesquite, NV 89027
Phone: [phone]
Plaintiffs

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__X__ BY REGULAR U.S. MAIL: For all those above, I served a true copy, together
with any and all exhibits and other attachments, by U.S. Mail in a sealed
envelope with first-class postage fully pre-paid addressed to the designated
recipients of said document(s) as provided under Federal Rules of Civil
Procedure.
__X__ BY ELECTRONIC SERVICE: To the individuals marked with a single
asterisk (*) above, I also served a true copy electronically, together with any all
exhibits and other attachments, on designated recipients via the Court’s CM/ECF
electronic filing system as provided under Federal Rules of Civil Procedure and
local rules and orders.
__X__ BY ELECTRONIC MAIL: To the individuals marked with a double asterisk
(**) above, I also served a true copy, together with any and all exhibits and
attachments, via electronic mail by attaching same and sending them to
recipient(s) identified above at the listed email address(es).

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__/s/ Aiqin Niu_______________
AIQIN NIU
An Employee of Frizell Law Firm

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