Barr v. Smith's Food & Drug Centers, Inc.

Filing 14

ORDER Granting 12 Motion to Withdraw as Attorney. Christiansen Law Offices Withdrawn as Counsel of Record for Plaintiff. Plaintiff shall have until 6/22/18, in which to retain substitute counsel who shall make an appearance in accordance with the requirements of the Local Rules of Practice, or shall file a notice with the court that she will be appearing in this matter pro se. Signed by Magistrate Judge Peggy A. Leen on 5/22/2018. (Copies have been distributed pursuant to the NEF - cc: Plaintiff - ADR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

LAURA BARR,

8
9
10

Case No. 2:17-cv-03128-KJD-PAL
Plaintiff,

v.

ORDER
(Mot. WD Atty – ECF No. 12)

SMITH’S FOOD & DRUG CENTERS, INC.,
Defendant.

11
12

Before the court is Christiansen Law Offices’ Motion to Withdraw as Counsel of Record

13

for Plaintiff (ECF No. 12) filed May 1, 2018. The motion is supported by the declaration of

14

attorney R. Todd Terry. Defendant filed a Response (ECF No. 13). Notice of the Motion to

15

Withdraw was mailed to Ms. Barr at her last known address which is provided in the declaration.

16

The motion represents that irreconcilable differences have arisen between plaintiff, Laura Barr,

17

and Christiansen Law Office such that the attorney within the law office cannot continue to

18

effectively represent her in this matter. Christiansen Law Offices therefore seeks leave to

19

withdraw as counsel of record.

20

Although defendant does not object to the withdrawal, counsel is concerned that a

21

withdrawal may delay plaintiff’s deposition, and impair defendant’s need to complete discovery

22

within the time allowed by the court’s discovery plan and scheduling order. Defendant therefore

23

requests that the court set a deadline for the plaintiff to either retain substitute counsel or indicate

24

that she will be appearing pro se, that is, representing herself

25

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

26

IT IS ORDERED that:

27

1. Christiansen Law Offices’ Motion to Withdraw as Counsel of Record for Plaintiff (ECF

28

No. 12) is GRANTED.
1

1

2. Plaintiff shall have until June 22, 2018, in which to retain substitute counsel who shall

2

make an appearance in accordance with the requirements of the Local Rules of Practice,

3

or shall file a notice with the court that she will be appearing in this matter pro se, that

4

is, representing herself.

5

3. Plaintiff’s failure to timely comply with this order by either obtaining substitute

6

counsel, or filing a notice that she will be appearing in this matter pro se may result in

7

the imposition of sanctions, which may include a recommendation to the District Judge

8

that plaintiff’s complaint be dismissed for failure to prosecute. See Fed. R. Civ. P.

9

41(b).

10

4. The Clerk of the Court shall serve the plaintiff with a copy of this order at her last

11

known address:

12

Laura Barr
3726 Tranquil Canyon Ct.
Las Vegas, NV 89147

13
14

DATED this 22nd day of May, 2018.

15
16
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2