Wells Fargo Bank, N.A. v. Apollo Developments, LLC et al

Filing 15

ORDER Granting 13 Motion to Withdraw as Attorney. IT IS FURTHER ORDERED that Mr. Zmaila must serve a copy of this order on Apollo and must file proof of that service by 11/9/2018. IT IS FURTHER ORDERED that by 11/30/2018, Apollo must retain a new attorney and that attorney must file a notice of appearance in this case. Signed by Magistrate Judge Carl W. Hoffman on 11/2/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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WELLS FARGO BANK, N.A.,
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Plaintiff,
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vs.
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APOLLO DEVELOPMENTS, LLC, et al.,
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Defendants.
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__________________________________________)

Case No. 2:17-cv-01470-APG-CWH
ORDER

Presently before the court is attorney Anthony A. Zmaila’s motion to withdraw as attorney

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for defendant Apollo Developments, LLC (ECF No. 13), filed on September 11, 2018. No

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responses to the motion were filed. Currently, this case is administratively stayed. (Order (ECF

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No. 7).)

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Zmaila moves to withdraw as attorney for Apollo, arguing that despite his attempts to make

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contact, he has not communicated with his client for the past year. The motion includes a

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certificate of service stating that a copy of his motion to withdraw was served on Apollo by United

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States mail on September 11, 2018. Apollo did not oppose the motion, which constitutes a consent

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to the granting of the motion under Local Rule 7-6(d).

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Having reviewed and considered the motion, and good cause appearing, the court will grant

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the motion to withdraw and order Apollo to retain a new attorney. Apollo is advised that because it

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is a limited liability company, it cannot represent itself and must be represented by an attorney in

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this action. See In re Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (stating that

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“[c]orporations and other unincorporated associations must appear in court through an attorney.”).

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Apollo further is advised that failure to retain an attorney may result in the imposition of sanctions.

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IT IS THEREFORE ORDERED that attorney Anthony A. Zmaila’s Motion to Withdraw as

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Counsel for Apollo Developments, LLC (ECF No. 13) is GRANTED.

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IT IS FURTHER ORDERED that Mr. Zmaila must serve a copy of this order on Apollo and
must file proof of that service by November 9, 2018.
IT IS FURTHER ORDERED that by November 30, 2018, Apollo must retain a new
attorney and that attorney must file a notice of appearance in this case.

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DATED: November 2, 2018

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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