Kemp Sr v. Las Vegas Metropolitan Police Dept et al

Filing 133

ORDER Granting 132 Motion to Withdraw as Attorney. Trevor J. Hatfield withdrawn from the case. IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to update Plaintiff's address consistent with this order. IT IS FURTHER ORDERE D that, by 7/1/2022, Plaintiff's counsel must certify that he served a copy of this Court's order on Plaintiff. IT IS FURTHER ORDERED that the Clerk of Court shall forward a copy of this order to the Pro Bono Liaison so that this case may be re-added to the list of cases needing pro bono counsel. Signed by Magistrate Judge Brenda Weksler on 6/23/2022. (Copies have been distributed pursuant to the NEF - Copy sent to Pro Bono Liaison - LOE)

Case 2:18-cv-00169-RFB-BNW Document 132 Filed 06/22/22 Page 1 of 4

TREVOR J. HATFIELD, ESQ
1 Nevada Bar No. 7373
2 HATFIELD & ASSOCIATES, LTD.
703 S. Eighth Street
3 Las Vegas, Nevada 89101
Telephone: [phone]
4 Facsimile: [phone]
5 Email: [e-mail]
6 Attorney for Plaintiff In conjunction with Legal Aid Center of
Southern Nevada Pro Bono Project
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

703 8th Street * Las Vegas, Nevada 89101
Telephone [phone]

HATFIELD & ASSOCIATES, LTD.

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TERRELL DESHON KEMP, SR.,
Plaintiff,

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vs.

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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,

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Defendants.

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CASE NO: 2:18-cv-00169-RFB-BNW

PLAINTIFF’S COUNSEL’S MOTION TO
WITHDRAW AS COUNSEL FOR
PLAINTIFF

The undersigned counsel hereby moves to Withdraw as Counsel for Plaintiff. This motion
is made and based upon the Memorandum of Points and Authorities submitted herein, the

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Declaration of Trevor J. Hatfield, Esq., attached hereto, the pleadings and papers on file and any

21 argument adduced at the hearing of this Motion to Withdraw as Counsel for Plaintiff.
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Dated this 22nd day of June 2022.

HATFIELD & ASSOCIATES, LTD.

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By:

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Trevor J. Hatfield, Esq. (SBN 7373)
703 South Eighth Street
Las Vegas, Nevada 89101
Attorney for Plaintiff In Conjunction with
Legal Aid Center of Southern Nevada Pro
Bono Project

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/s/ Trevor J. Hatfield

Case 2:18-cv-00169-RFB-BNW Document 132 Filed 06/22/22 Page 2 of 4

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MEMORANDUM OF POINTS AND AUTHORITIES

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I.

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Local Rule IA 11-06 (a) allows for an attorney to withdraw with leave of court after

4 notice of the intent to withdraw is served. Counsel has discussed withdrawing from representing
5 his client, Plaintiff, and is seeking withdrawal by motion. Local Rule IA 11-06 (e) provides that,
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except for good cause, withdrawal will not be granted if a delay in discovery, the trial or any

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hearing will result.
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Here, Counsel believes that there will be no delay, as discovery has closed, and there is

703 8th Street * Las Vegas, Nevada 89101
Telephone [phone]

HATFIELD & ASSOCIATES, LTD.

10 no pending pretrial deadlines or trial setting. Attached is the Declaration of Counsel setting forth
11 that in his belief it is in the best interests of Counsel and Plaintiff that Counsel’s motion be
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granted.

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As Plaintiff is incarcerated, Plaintiff shall be served by United States mail, pursuant to
Local Rule IA 11-06 (b) and the opposing counsel in this case will receive notice of this motion

16 via the CM/ECF system
17 Dated this 22nd day of June, 2022.
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HATFIELD & ASSOCIATES LTD.

ORDER
IT IS ORDERED that ECF No. 132 is
GRANTED.

By:
Trevor J. Hatfield
Trevor J. Hatfield, Esq. (SBN 7373)
703
South Eighth Street
Las Vegas, Nevada 89101
IT IS FURTHER ORDERED that the Clerk of
[phone] Tel
Court is kindly directed to update Plaintiff's
Attorney for Plaintiff In Conjunction with
address consistent with this order. IT IS
Legal Aid Center of Southern Nevada Pro
FURTHER ORDERED that, by 7/1/2022,
Bono Project
Plaintiff's counsel must certify that he served
a copy of this Court's order on Plaintiff.

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IT IS FURTHER ORDERED that the Clerk of
Court shall forward a copy of this order to
the Pro Bono Liaison so that this case may
be re-added to the list of cases needing pro
bono counsel.
IT IS SO ORDERED
DATED: 4:08 pm, June 23, 2022

BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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Case 2:18-cv-00169-RFB-BNW Document 132 Filed 06/22/22 Page 3 of 4

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DECLARATION OF TREVOR J. HATFIELD, ESQ.
TREVOR J. HATFIELD, ESQ., being first duly sworn deposes and says:

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1.

I am an attorney licensed to practice law in all courts in the State of Nevada. I

5 have personal knowledge of the facts set forth below, and I believe them to be true.
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2.

Counsel has represented dozens of pro bono clients over twenty years of practice

703 8th Street * Las Vegas, Nevada 89101
Telephone [phone]

HATFIELD & ASSOCIATES, LTD.

7 but has never believed withdrawal was compelled in a pro bono case until this case. Counsel has
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discussed withdrawing from representing his client due to a perceived conflict. The basis for this
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motion is that Counsel believes that he has an actual conflict with Plaintiff and the conflict
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3.

Plaintiff will be informed by Counsel of Counsel’s intent to withdraw from

13 representing Plaintiff, in that Plaintiff shall be served by United States mail, and the opposing
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counsel in this case will receive notice of this motion vial the CM/ECF system.
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4.
Plaintiff’s last known address is:
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Terrell Deshon Kemp, Sr., #67713
S.D.C.C.
P.O. Box 208
Indian Springs, Nevada 89070
FURTHER THIS DECLARANT SAYETH NAUGHT.

21 Dated: June 22, 2022
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/s/ Trevor J. Hatfield

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TREVOR J. HATFIELD, ESQ.

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Case 2:18-cv-00169-RFB-BNW Document 132 Filed 06/22/22 Page 4 of 4

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CERTIFICATE OF SERVICE
I certify that on June 22, 2022, I electronically filed the foregoing PLAINTIFF’S

3 COUNSEL’S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF with the Clerk
4 of the Court using the ECF system which served the parties hereto electronically.
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Dated: June 22, 2022.
By:
/s/ Freda P. Brazier
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An Employee of Hatfield & Associates, Ltd.
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703 8th Street * Las Vegas, Nevada 89101
Telephone [phone]

HATFIELD & ASSOCIATES, LTD.

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