Herbert v. New Castle Corporation

Filing 17

ORDER Granting 11 Motion to Withdraw as Attorney. The Clerk of the Court shall serve the plaintiff with a copy of this order at his last known address. See Order for details/deadlines. Signed by Magistrate Judge Peggy A. Leen on 12/18/2017. (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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***

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ANDREA HERBERT,

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Case No. 2:17-cv-02410-APG-PAL
Plaintiff,

v.

ORDER
(Mot WD Atty – ECF No. 11)

NEW CASTLE CORPORATION,
Defendant.

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This matter is before the court on attorney Daniel R. Watkin=s Motion to Withdraw as

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Counsel of Record (ECF No. 11) for the plaintiff. The court has reviewed the motion and

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defendant’s Opposition (ECF No. 12). The motion represents that further representation of

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plaintiff would be contrary to the interests of both counsel and plaintiff based on recent privileged

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conversations between client and attorney. Mr. Watkins therefore seeks leave to withdraw as

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counsel of record.

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Defendant opposes the motion and concludes that counsel filed the motion to withdraw

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because he “recognizes the frivolousness of Plaintiff’s claims.” Counsel for Defendant states he

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was in the process of drafting a Rule 11 letter and motion for sanctions as well as a meet and confer

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letter regarding overdue discovery responses when this motion to withdraw was filed. Defendant

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requests that the motion to withdraw be denied or set for oral argument or for a case management

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conference.

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Having reviewed and considered the matter, and for good cause shown,

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IT IS ORDERED:

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1.

Mr. Watkin=s Motion to Withdraw (ECF No. 11) is GRANTED.

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2.

The plaintiff shall have until January 18, 2018 in which to either retain substitute

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counsel who shall make an appearance in accordance with the requirements of the
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Local Rules of Practice, or to file a notice with the court that she will be appearing

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in this matter pro se.

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3.

The Clerk of the Court shall serve the plaintiff with a copy of this order at his last

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known address:

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Andrea Herbert
740 Fortacre St.
Henderson, NV 89002

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4.

A status and case management conference is set for January 30, 2018 at 9:30 a.m.

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Plaintiff shall appear in person whether or not she has retained substitute

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counsel.

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5.

Plaintiff=s failure to timely comply with this order by either obtaining substitute
counsel, or filing a notice that she will be appearing in this matter pro se, and
personally appearing at the hearing may result in the imposition of sanctions, which
may include a recommendation to the District Judge that plaintiff=s complaint be
dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b).

DATED this 18th day of December, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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