Long v. Hartford Life and Accident Insurance Company

Filing 16

ORDER granting 15 Motion to Withdraw Attorney Nicole Marie True from case; Signed by Magistrate Judge George Foley, Jr on 11/15/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-01297-JAD-GWF Document 15 Filed 11/14/17 Page 1 of 5

1 Nicole M. True
State Bar No. 12879
2 LEWIS ROCA ROTHGERBER CHRISTIE LLP
3993 Howard Hughes Parkway, Suite 600
3 Las Vegas, NV 89169-0163
Tel: [phone]
4 E-mail: [e-mail]
Attorneys for Defendant Hartford Life and
5 Accident Insurance Company
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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LOUIS LONG,

3993 Howard Hughes Parkway, Suite 600
Las Vegas, NV 89169-0163

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CASE NO. 2:17-CV-01297

Plaintiff,
v.

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HARTFORD LIFE AND ACCIDENT
13 INSURANCE COMPANY, as Claims
Administrator for the Group Long Term
14 Disability Plan for TARGET CORP.; DOES 1
through V; and ROE CORPORATIONS I
15 through V, inclusive,
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NICOLE M. TRUE’S MOTION TO
WITHDRAW AS COUNSEL FOR
DEFENDANT HARTFORD LIFE AND
ACCIDENT INSURANCE COMPANY

Defendants.

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

19 Rules of Professional Conduct, I, Nicole M. True, hereby requests entry of an order: (1)
20 granting leave for me to withdraw from representing Defendant Hartford Life and Accident
21 Insurance Company (“Hartford”); and (2) directing the Clerk of the Court to remove me from
22 the CM/ECF service list for this case.
STATEMENT OF FACTS

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This ERISA action was filed on May 8, 2017. (ECF No. 1, Compl.) Hartford answered

25 the Complaint on June 8, 2017 (ECF No. 7, Answer). On September 19, 2017, Kristina N.
26 Holmstrom informed Lewis Roca Rothgerber Christie LLP of her resignation from further
27 employment with the firm.
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Case 2:17-cv-01297-JAD-GWF Document 15 Filed 11/14/17 Page 2 of 5

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LEGAL STANDARDS
District of Nevada Local Rule LR IA 11-6 governs attorney appearances, substitutions,

3 and withdrawals. It states the following:
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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
reason for delay of pretrial proceedings, discovery, the trial, or any hearing
in the case.

(e)

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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3993 Howard Hughes Parkway, Suite 600
Las Vegas, NV 89169-0163

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

25 termination of representation. It states in relevant part:
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(b)

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

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Case 2:17-cv-01297-JAD-GWF Document 15 Filed 11/14/17 Page 3 of 5

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(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;

(6)

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

(7)

Other good cause for withdrawal exists.

(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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3993 Howard Hughes Parkway, Suite 600
Las Vegas, NV 89169-0163

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ARGUMENT

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

22 easily satisfied. With respect to LR IA 11-6(a), Hartford will continue to be represented in this
23 matter by Kristina Holmstrom of Ogletree Deakins. With respect to LR IA 11-6(b), notice of
24 this motion is being provided to Hartford through its counsel of record, Kristina Holmstrom,
25 and Plaintiff. With respect to LR 11-6(e), no delay of discovery, trial, or any hearing in the case
26 will result since Kristina Holmstrom of Ogletree Deakins will continue on as Hartford’s lead
27 counsel.
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Case 2:17-cv-01297-JAD-GWF Document 15 Filed 11/14/17 Page 4 of 5

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With respect to Nevada Rule of Professional Conduct 1.16(b)(1), adequate grounds for

2 withdrawal exist because withdrawal can be accomplished without material adverse effect to the
3 interests of Hartford since it will continue to be represented by Ogletree Deakins. Fourth, Rule
4 1.16(c) is satisfied because, through this motion, I am complying with the Court’s rules and
5 procedures for withdrawal. Fifth, Rule 1.16(d) is satisfied because, again, Kristina Holmstrom
6 of Ogletree Deakins is continuing on as Hartford’s lead counsel.
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CONCLUSION

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

9 withdraw as counsel for Hartford; and (2) directing the Clerk of the Court to remove me from

3993 Howard Hughes Parkway, Suite 600
Las Vegas, NV 89169-0163

10 the CM/ECF service list for this case.
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Respectfully submitted this 14th day of November, 2017.

12 LEWIS ROCA ROTHGERBER CHRISTIE LLP
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By:

/s/ Nicole M. True
Nicole M. True
3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant Hartford Life and
Accident Insurance Company

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IT IS SO ORDERED:

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___________________________________
STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE

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DATED: ___________________________
11/15/2017
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