Moose Run, LLC v. Libric

Filing 21

ORDER Granting 19 Motion to Withdraw as Attorney. Signed by Magistrate Judge Nancy J. Koppe on 6/5/2018. (Copies have been distributed pursuant to the NEF - MR)

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Case 2:18-cv-00425-GMN-NJK Document 19 Filed 06/04/18 Page 1 of 5 4 Leslie Bryan Hart, Esq. (SBN 4932) Brandi M. Planet, Esq. (SBN 11710) FENNEMORE CRAIG, P.C. 300 E. Second St., Suite 1510 Reno, Nevada 89501 Tel: 775-788-2228 lhart@fclaw.com; bplanet@fclaw.com 5 Attorneys for Defendant Renato Libric 1 2 3 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 MOOSE RUN, LLC, CASE NO.: 2:18-cv-00425-GMN-NJK 8 9 Plaintiff, MOTION AND [PROPOSED] ORDER TO WITHDRAW AS COUNSEL OF RECORD vs. 10 11 12 RENATO LIBRIC, individually; and DOES 110, Defendants. 13 Leslie Bryan Hart and Brandi M. Planet respectfully move this Court for an order 14 permitting Leslie Bryan Hart, Esq. and Brandi M. Planet, who have appeared in these 15 proceedings, and the law firm Fennemore Craig, P.C. to withdraw as local counsel for Defendant 16 Renato Libric in the above captioned matter pursuant to Local Rule IA 10-6. 17 This Motion is made and based upon the following Memorandum of Point and 18 Authorities, the Declaration of Leslie Bryan Hart (“Hart Decl.”) attached hereto as Exhibit A, 19 the pleadings and papers on file herein, and oral argument, if any, requested by the Court. 20 DATED: June 4, 2018. 21 FENNEMORE CRAIG, P.C. 22 By: 23 24 25 /s/ Leslie Bryan Hart Leslie Bryan Hart, Esq. (SBN 4932) Brandi M. Planet, Esq. (SBN 11710) 300 E. Second St., Suite 1510 Reno, Nevada 89501 Tel: 775-788-2228 Fax: 775-788-2229 lhart@fclaw.com; bplanet@fclaw.com 26 Attorneys for Defendant Renato Libric 27 28 300 E. SECOND ST. SUITE 1510 RENO, NEVADA 89501 775-788-2200 Case 2:18-cv-00425-GMN-NJK Document 19 Filed 06/04/18 Page 2 of 5 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 Local Rule IA 10-6 (b) provides, "No attorney may withdraw after appearing in a case 3 except by leave of court after notice served on the affected client and opposing counsel." 4 Additionally, Local Rule IA 10-6 (e) provides, “[N]o withdrawal or substitution shall be approved if 5 delay of discovery, the trial or any hearing in the case would result.” 6 Ms. Hart has provided notice to Renato Libric’s lead counsel, George E. Kostel, Esq. and 7 Jason Matechak at Impresa Legal Group (who had previously intended to seek permission to 8 appear in this case pro hac vice), of her intent to withdraw on or about May 16, 2018. See Exhibit 9 A, Hart Declaration, at ¶ 3. Such notice was given after Libric not only failed to fulfill the 10 obligations of the engagement agreement he entered with Fennemore Craig, P.C., but also upon Ms. 11 Hart being advised by lead counsel on May 10, 2018, that Mr. Libric was taken into custody and is 12 currently being held in the San Mateo County Jail in California. Ms. Hart has not had any direct 13 communication with Mr. Libric, and such is not possible at this time for the reason set forth above, 14 although a copy of this Motion will be emailed to Mr. Libric at the email address he previously 15 provided. 16 17 Opposing counsel in this case will receive notice of this Motion to Withdraw via the CM/ECF system, pursuant to the certificate of service below. 18 Withdrawal of Ms. Hart and Ms. Planet and the law firm Fennemore Craig, P.C. will not 19 result in delay of discovery, trial, or any hearings as Mr. Libric has now appeared through new 20 Nevada counsel. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 300 E. SECOND ST. SUITE 1510 RENO, NEVADA 89501 775-788-2200 2 Case 2:18-cv-00425-GMN-NJK Document 19 Filed 06/04/18 Page 3 of 5 1 CONCLUSION 2 For the reasons set forth above, Ms. Hart, Ms. Planet and the law firm Fennemore Craig, P.C. 3 move this Court to enter an order approving their withdrawal as representing attorneys for Renato 4 Libric in the instant matter. 5 DATED: June 4, 2018. 6 FENNEMORE CRAIG, P.C. 7 By: 8 9 10 /s/ Leslie Bryan Hart Leslie Bryan Hart, Esq. (SBN 4932) Brandi M. Planet, Esq. (SBN 11710) 300 E. Second St., Suite 1510 Reno, Nevada 89501 Tel: 775-788-2228 Fax: 775-788-2229 lhart@fclaw.com; bplanet@fclaw.com 11 Attorneys for Defendant Renato Libric 12 13 14 ORDER IT IS SO ORDERED. 15 UNITED STATES DISTRICT JUDGE STATES MAGISTRATE JUDGE 16 June 5, 2018 DATED: __ ___________________ 17 18 19 20 21 22 23 24 25 26 27 28 300 E. SECOND ST. SUITE 1510 RENO, NEVADA 89501 775-788-2200 3

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