Garcia v. Las Vegas Metropolitian Police Department et al

Filing 80

ORDER granting in part and denying in part 78 Motion to Withdraw as Attorney. Mr Winder will be permitted to Withdraw as counsel, however, Discovery will not be reopened. Before Mr. Winder withdraws, the parties are to meet and confer un der LR 16-1(d) about how this case should move forward. Specifically, the parties must discuss reopening discovery, delaying the case for 90 days, and Plaintiff's deposition on 3/18/2020. The parties must file a joint status report by 3/20/2020 regarding these issues. Signed by Magistrate Judge Brenda Weksler on 3/13/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:17-cv-02504-APG-BNW Document 78 Filed 03/12/20 Page 1 of 2

1 DAN M. WINDER, ESQ.
Nevada Bar No. 1569
2 Law Office of Dan M. Winder P.C.
3507 W. Charleston Blvd.
3 Las Vegas, Nevada 89102
Attorneys for Plaintiff
4 Manuel Garcia
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
***
8
MANUEL GARCIA,

CASE NO. 2:17-cv-2504-APG-BNW

9
Plaintiff,
10
vs.
11

CLARK COUNTY SHERIFF’S OFFICE, JOE
12 LOMBARDO, BRANDON PRISBREY,
#9315, SUNRISE MEDICAL HOSPITAL,
13 SUSANNE ROOZENDAAL,
14

PLAINTIFF’ S ATTORNEYS’ MOTION
TO
WITHDRAW FROM CASE
LR 1A 11-6

Defendants.

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Dan M. Winder on behalf of himself and The Law Offices of Dan M. Winder hereby

17 moves to withdraw from the representation of the Plaintiff, Manuel Garcia on the grounds that the
18 Plaintiff and his counsel have irreconcilable differences as to how the matter should be handled.
19 Counsel has been informed by the Plaintiff he wishes us to withdraw.
20

Plaintiff Garcia is being notified of this Motion by service of the Motion and by separate

21 letter explaining the upcoming events and the probable consequences of the withdrawal of
22 Plaintiff’s counsel including the likelihood that Plaintiff will not prevail in the absence of
23 representation.
24

Under these circumstances, Counsel requests this court reopen discovery and give Plaintiff

25 an additional 90 days to retain counsel. This has, in part, been required because Plaintiff has been
26 surprised by the testimony of Brandon Prisbrey that he was not the officer who interfered the
27 medical treatment of Plaintiff at Sunrise Hospital even though he was the arresting and booking
28 officer and completed the arrest report concerning the matter. According to Plaintiff’s theory of

Case 2:17-cv-02504-APG-BNW Document 78 Filed 03/12/20 Page 2 of 2

1 the case, the officer at the hospital is the prime defendant who acted to prevent him from getting
2 medical care for his fractured foot.
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The upcoming events and deadlines in this matter are:

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03/18/20

Deposition of Plaintiff

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05/01/20

Dispositive Motions (Summary Judgment)

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05/04/20

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Joint Pretrial Order (will be extended when dispositive motion filed).
IT IS ORDERED that ECF No. 78 is
GRANTED in part and DENIED in part. It is
The last known address of the Plaintiff is: granted to the extent that Mr. Winder will be
permitted to withdraw as counsel. However, it
Manuel Garcia
is denied to the extent it seeks to reopen
#1107857
discovery.
High Desert State Prison
IT IS FURTHER ORDERED that, before Mr.
Indian Springs, NV 89070
Winder withdraws, the parties are to meet and
confer under LR 16-1(d) about how this case
Respectfully submitted this 12th day of March, should move forward. Specifically, the parties
2020.
must discuss reopening discovery, delaying
the case for 90 days, and Plaintiff's deposition
LAW OFFICE OF DAN M. WINDER

on 3/18/2020. The parties must file a joint

IT IS SO ORDERED 
status report by 3/20/2020 regarding these
/s/Dan M. Winder

DATED:  March 13, 2020
issues.
DAN M. WINDER, ESQ.

Nevada Bar No. 1569

3507 W. Charleston Blvd.
__________________________________________________ 
BRENDA WEKSLER 
Las Vegas, Nevada 89102
UNITED STATES MAGISTRATE JUDGE 
Attorneys for Plaintiff
Manuel Garcia
CERTIFICATE OF SERVICE

20 I certify that on the date stamped hereon by the System, I served the forgoing on the parties of
21 record via the Court’s Electronic Case Filing System. I also served a copy of the Motion on the
22 Plaintiff by mailing it to the following address:
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Manuel Garcia
#1107857
High Desert State Prison
Indian Springs, NV 89070

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/s/Hamilton D. Moore
26 An employee of the Law Office of Dan M. Winder P.C.
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