Goldberg et al v. Wells Fargo Mortgage, Inc MTC Financial et al

Filing 53

ORDER Granting 40 Motion to Withdraw Attorneys Adam Ross Fulton and Jared B. Jennings for Plaintiffs. The hearing set for 12/5/2018 is VACATED.The Court DENIES Ms. Goldberg's request to proceed in the instant case without the association of local counsel. New local counsel must enter an appearance on Plaintiffs' behalf no later than 12/21/2018. Signed by Magistrate Judge Nancy J. Koppe on 12/3/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JULIE A. GOLDBERG, et al.,
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Case No.: 2:18-cv-01053-JCM-NJK

Plaintiffs,
Order

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[Docket No. 40]
7 WELLS FARGO MORTGAGE, INC., et al.,
Defendants.

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Pending before the Court is a motion to withdraw as counsel by Plaintiffs’ local counsel,

10 Jared B. Jennings and Adam R. Fulton. Docket No. 40. Counsel submits that continued
11 representation would cause an unreasonable financial burden on them. Id. at 3-4. In response,
12 Julie A. Goldberg, one of the plaintiffs in the case, and a licensed California attorney, submits that
13 she has no objection to the withdrawal of current local counsel, and asks the Court to allow her to
14 proceed as Plaintiffs’ counsel without any local counsel. See Docket No. 43.
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Local Rule IA 11-2(d) states that, “[u]nless the court orders otherwise, an attorney who is

16 granted permission to practice [in this court in a particular case] must associate a resident member
17 of the bar of this court as co-counsel.” Ms. Goldberg concedes that the instant case is the only
18 case in which she has appeared as counsel in this district. Docket No. 43 at 3.1 Further, United
19 States District Judge James C. Mahan was aware that Ms. Goldberg is a member of the California
20 bar in good standing, as she submits in her response, when he granted her leave to practice in this
21 court with the association of local counsel. See Docket No. 13. The Court finds that Ms. Goldberg
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Both Ms. Goldberg’s response to the motion to withdraw and motion to appear
telephonically violate the Court’s local rules, as they are not on pleading paper. See LR IA 101(a)(1). See also Docket Nos. 43, 50.

1 presents no reason to depart from the Court’s local rules and practice regarding the association of
2 local counsel.
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Accordingly, the motion to withdraw as local counsel, Docket No. 40, is hereby

4 GRANTED, and the hearing set for December 5, 2018 is VACATED. Mr. Jennings and Mr.
5 Fulton are withdrawn as local counsel in the instant case. The Court DENIES Ms. Goldberg’s
6 request to proceed in the instant case without the association of local counsel. New local counsel
7 must enter an appearance on Plaintiffs’ behalf no later than December 21, 2018. Failure to comply
8 with this order may result in sanctions.
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IT IS SO ORDERED.
DATED: December 3, 2018.

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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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