FC Real Estate 3, LLC v. United States Department of the Treasury-Internal Revenue Service

Filing 45

ORDER Re: 44 Motion To Withdraw As Attorney's Of Record. Responses due by 2/5/2019. Replies due by 2/12/2019. Motion Hearing set for 2/19/2019 at 11:00 AM in LV Courtroom 3A before Magistrate Judge Nancy J. Koppe. IT IS FURTHER ORDERED that withdrawing counsel shall serve a copy of this order on each of the Perkins Defendants, and shall file a proof of service by 1/31/19. Signed by Magistrate Judge Nancy J. Koppe on 1/29/2019. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FC REAL ESTATE 3, LLC,

Case No.: 2:18-cv-01018-RFB-NJK

Plaintiff(s),
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Order

v.
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[Docket No. 44]
CLYDE K. PERKINS AND GENEVA M.
PERKINS, AS TRUSTEES OF THE CLYDE
AND GENEVA PERKINS TRUST R-501, et
al.,
Defendant(s).
Pending before the Court is a motion by Rodney Woodbury to withdraw as counsel for the

17 Perkins Defendants. Docket No. 44. Any response to that motion shall be filed by February 5,
18 2019, and any reply shall be filed by February 12, 2019. The Court hereby SETS a hearing on the
19 motion for 11:00 a.m. on February 19, 2019, in Courtroom 3A. In addition to withdrawing counsel,
20 Defendant Kathryn Ann Davis and a representative for each trust entity must appear personally at
21 the hearing. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE
22 IMPOSITION OF SANCTIONS, UP TO AND INCLUDING CASE-DISPOSITIVE
23 SANCTIONS.
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The Court reminds the parties that trustees are not permitted to represent a trust pro se. See

25 C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697-98 (9th Cir. 1987); see also United
26 States v. High Country Broad. Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993).
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Lastly, withdrawing counsel shall serve a copy of this order on each of the Perkins

2 Defendants, and shall file a proof of service by January 31, 2019.
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IT IS SO ORDERED.

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Dated: January 29, 2019
______________________________
Nancy J. Koppe
United States Magistrate Judge

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