MGM Resorts International et al v. John Does 1-10

Filing 8

ORDER Granting 6 Motion to Withdraw as Attorney. Jonathan W Fountain withdrawn from the case. Signed by Magistrate Judge George Foley, Jr on 7/28/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01101-APG-GWF Document 6 Filed 07/27/17 Page 1 of 5

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Michael J. McCue
Nevada Bar No. 6055
Jonathan W. Fountain
Nevada Bar No. 10351
Zachary T. Gordon
Nevada Bar No. 13133
Lewis Roca Rothgerber Christie LLP
3993 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
Telephone: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiffs
MGM Resorts International,
Mirage Resorts, Incorporated, and
Mandalay Resort Group

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3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MGM RESORTS INTERNATIONAL, a
Delaware corporation; MIRAGE RESORTS,
INCORPORATED, a Nevada corporation; and
MANDALAY RESORT GROUP, a Nevada
corporation,

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Plaintiffs,
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v.
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JOHN DOES 1-10,
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Defendants.
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101953410_1

Case No.: 2:17-cv-01101-APG-GWF
JONATHAN W. FOUNTAIN’S
MOTION TO WITHDRAW AS COUNSEL
FOR PLAINTIFFS

Case 2:17-cv-01101-APG-GWF Document 6 Filed 07/27/17 Page 2 of 5

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Pursuant to District of Nevada Local Rule LR IA 11-6(b) and Rule 1.16 of the Nevada

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Rules of Professional Conduct, I, Jonathan W. Fountain, hereby move the Court for entry of an

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order: (1) granting leave for me to withdraw from representing Plaintiffs MGM Resorts

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International, Mirage Resorts, Incorporated, and Mandalay Resort Group (together “MGM

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Resorts”); and (2) directing the Clerk of the Court to remove me from the CM/ECF service list

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for this case.

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STATEMENT OF FACTS

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This trademark infringement action was filed on April 20, 2017. (ECF No. 1, Compl.)

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On June 27, 2017, Plaintiffs moved the court for leave to serve subpoenas to identify the

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presently unknown defendants. (ECF No. 5, Mot. for Leave to Serve Subpoenas.) The motion

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is pending. On July 25, 2017, the undersigned informed Lewis Roca Rothgerber Christie LLP

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of his resignation from further employment with the firm.

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LEGAL STANDARDS
District of Nevada Local Rule LR IA 11-6 governs attorney appearances, substitutions,
and withdrawals. It states the following:
LR IA 11-6. APPEARANCES, SUBSTITUTIONS, AND WITHDRAWALS
(a)

A party who has appeared by attorney cannot while so represented appear
or act in the case. This means that once an attorney makes an appearance
on behalf of a party, that party may not personally file a document with
the court; all filings must thereafter be made by the attorney. An attorney
who has appeared for a party must be recognized by the court and all the
parties as having control of the client’s case, however, the court may hear
a party in open court even though the party is represented by an attorney.

(b)

No attorney may withdraw after appearing in a case except by leave of the
court after notice has been served on the affected client and opposing
counsel.

(c)

A stipulation to substitute attorneys must be signed by the attorneys and
the represented client and be approved by the court. Except where
accompanied by a request for relief under subsection (e) of this rule, the
attorney’s signature on a stipulation to substitute the attorney into a case
constitutes an express acceptance of all dates then set for pretrial
proceedings, trial, or hearings, by the discovery plan or any court order.

(d)

Discharge, withdrawal, or substitution of an attorney will not alone be

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Case 2:17-cv-01101-APG-GWF Document 6 Filed 07/27/17 Page 3 of 5

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

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Except for good cause shown, no withdrawal or substitution will be
approved if it will result in delay of discovery, the trial, or any hearing in
the case. Where delay would result, the papers seeking leave of the court
for the withdrawal or substitution must request specific relief from the
scheduled discovery, trial, or hearing. If a trial setting has been made, an
additional copy of the moving papers must be provided to the clerk for
immediate delivery to the assigned district judge, bankruptcy judge, or
magistrate judge.

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In addition, Rule 1.16 of the Nevada Rules of Professional Conduct governs the

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(e)

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termination of representation. It states the following:
(a)

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Except as stated in paragraph (c), a lawyer shall not represent a client or,
where representation has commenced, shall withdraw from the
representation of a client if:

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(1)

The representation will result in violation of the Rules of
Professional Conduct or other law;

(2)

The lawyer’s physical or mental condition materially impairs the
lawyer’s ability to represent the client; or

(3)

The lawyer is discharged.

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(b)

Except as stated in paragraph (c), a lawyer may withdraw from
representing a client if:
(1)

Withdrawal can be accomplished without material adverse effect
on the interests of the client;

(2)

The client persists in a course of action involving the lawyer’s
services that the lawyer reasonably believes is criminal or
fraudulent;

(3)

The client has used the lawyer’s services to perpetrate a crime or
fraud;

(4)

A client insists upon taking action that the lawyer considers
repugnant or with which the lawyer has fundamental disagreement;

(5)

The client fails substantially to fulfill an obligation to the lawyer
regarding the lawyer’s services and has been given reasonable
warning that the lawyer will withdraw unless the obligation is
fulfilled;

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Case 2:17-cv-01101-APG-GWF Document 6 Filed 07/27/17 Page 4 of 5

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(6)

The representation will result in an unreasonable financial burden
on the lawyer or has been rendered unreasonably difficult by the
client; or

(7)

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Other good cause for withdrawal exists.

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(c)

A lawyer must comply with applicable law requiring notice to or
permission of a tribunal when terminating representation. When ordered to
do so by a tribunal, a lawyer shall continue representation notwithstanding
good cause for terminating the representation.

(d)

Upon termination of representation, a lawyer shall take steps to the extent
reasonably practicable to protect a client’s interests, such as giving
reasonable notice to the client, allowing time for employment of other
counsel, surrendering papers and property to which the client is entitled
and refunding any advance payment of fee or expense that has not been
earned or incurred. The lawyer may retain papers relating to the client to
the extent permitted by other law.

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ARGUMENT

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The Court should grant leave to withdraw because the legal standards for withdrawal are

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easily satisfied. First, with respect to LR IA 11-6(b), I have informed MGM Resorts of my

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resignation from Lewis Roca Rothgerber Christie LLP and my intent to withdraw. In addition,

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this motion has been served on Defendant. Second, with respect to LR 11-6(e), no delay of

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discovery, trial, or any hearing in the case will result as Michael J. McCue will continue on as

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MGM Resorts’ lead counsel. Third, with respect to Nevada Rule of Professional Conduct

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1.16(b)(1), adequate grounds for withdrawal exist because withdrawal can be accomplished

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without material adverse effect to the interests of MGM Resorts as Michael J. McCue is

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continuing on as MGM Resorts’ counsel. Fourth, Rule 1.16(c) is satisfied because, through this

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motion, I am complying with the Court’s rules and procedures for withdrawal. Fifth, Rule

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1.16(d) is satisfied because, again, Michael J. McCue is continuing on as MGM Resorts’ lead

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counsel.

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///

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///

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///
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Case 2:17-cv-01101-APG-GWF Document 6 Filed 07/27/17 Page 5 of 5

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CONCLUSION

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For the foregoing reasons, the Court should enter an order: (1) granting me leave to

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withdraw as counsel for MGM Resorts; and (2) directing the Clerk of the Court to remove me

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from the CM/ECF service list for this case.

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Dated: this 27th day of July, 2017

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Respectfully submitted,

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LEWIS ROCA ROTHGERBER CHRISTIE LLP

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By: /s/ Jonathan W. Fountain
Michael J. McCue
Jonathan W. Fountain
Zachary T. Gordon
3993 Howard Hughes Parkway, Suite 600
Las Vegas, NV 89169
Telephone: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]

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Attorneys for Plaintiffs
MGM Resorts International,
Mirage Resorts, Incorporated, and
Mandalay Resorts Group

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IT IS SO ORDERED:

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___________________________________
UNITED STATES MAGISTRATE JUDGE
7/28/2017
DATED: ___________________________

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