Wapneski v. Boyd Gaming Corporation

Filing 17

ORDER Granting 15 Motion to Withdraw as Attorney. IT IS FURTHER ORDERED that the clerk of court must update the docket sheet with plaintiff's last known address. See Order for details/deadlines. Signed by Magistrate Judge Carl W. Hoffman on 3/8/2018. (Copies have been distributed pursuant to the NEF - MR)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 MARLENA M. WAPNESKI, 8 9 10 11 12 13 ) ) Plaintiff, ) ) vs. ) ) BOYD GAMING CORPORATION, ) ) Defendant. ) __________________________________________) Case No. 2:17-cv-02330-APG-CWH ORDER Presently before the court is Paul S. Padda and Joshua Y. Ang’s motion to withdraw as 14 attorneys for plaintiff Marlena Wapneski (ECF No. 15), filed on February 21, 2018. Defendant 15 filed a notice of non-opposition (ECF No. 16) on March 7, 2018. Plaintiff did not respond to the 16 motion. 17 Plaintiff’s attorneys move to withdraw, arguing that they disagree with plaintiff about how 18 the case should proceed, thereby making it unreasonably difficult for them to continue representing 19 plaintiff, and that plaintiff is not responding to communications from their office. The motion 20 includes a declaration stating that plaintiff was notified of her attorneys’ intent to withdraw. 21 Plaintiff did not oppose to the motion, which constitutes a consent to the granting of the motion 22 under Local Rule 7-2(d). Additionally, defendant filed a notice of non-opposition, stating that it 23 will not be prejudiced by plaintiff’s attorneys’ withdrawal because there is ample time to complete 24 discovery, which does not close until June 4, 2018. 25 Having reviewed and considered the motion, and good cause appearing, the court will grant 26 the motion to withdraw. Plaintiff must file a notice advising the court whether she will represent 27 herself or proceed pro se by March 29, 2018. Plaintiff is advised that unless and until she retains a 28 new attorney, she is responsible for all deadlines in this case. 1 2 IT IS THEREFORE ORDERED that Paul S. Padda and Joshua Y. Ang’s motion to withdraw as attorneys for plaintiff Marlena Wapneski (ECF No. 15) is GRANTED. 3 IT IS FURTHER ORDERED that Mr. Padda and Mr. Ang’s office must serve a copy of this 4 order, as well as the scheduling order (ECF No. 12), which includes upcoming case deadlines, on 5 plaintiff and must file proof of that service by March 13, 2018. 6 IT IS FURTHER ORDERED that on or before March 29, 2018, plaintiff must file a written 7 notice stating whether she intends to represent herself in this case. This requirement will be 8 automatically vacated if a new attorney enters an appearance on behalf of plaintiff by March 29, 9 2018. 10 IT IS FURTHER ORDERED that the clerk of court must update the docket sheet with 11 plaintiff’s last known address as follows: 12 13 Marlena Wapneski 1057 Desert Olive Court Henderson, Nevada 89002 14 DATED: March 8, 2018 15 16 17 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?