Baluma, S.A. v. Poff

Filing 22

ORDER granting 21 Defendant's counsel's motion to withdraw. Defendant Brian Poff shall have thirty days, until Monday, December 20, 2021, to advise the Court if he will retain new counsel or proceed pro se. Per order, the clerk added last known address of Brian Poff to the docket. Signed by Magistrate Judge Daniel J. Albregts on 11/18/2021. (Copies have been distributed pursuant to the NEF. Copy of Order mailed to Brian Poff's last known address. - AF)

Case 2:20-cv-01642-JCM-DJA Document 22 Filed 11/18/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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Baluma S.A. d/b/a Enjoy Punta Del Este
& Casino,
Plaintiff,

Order

v.
Brian Poff II,
Defendant.

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Case No. 2:20-cv-01642-JCM-DJA

Before the Court is Messner Reeves LLP’s motion to withdraw as counsel of record for

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Defendant Brian Poff. (ECF No. 21). The Court finds these matters properly resolved without a

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hearing. LR 78-1. Pursuant to Local Rule IA 11-6(b), “[i]f an attorney seeks to withdraw after

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appearing in a case, the attorney must file a motion or stipulation and serve it on the affected

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client and opposing counsel.” Here, all affected parties, including Defendant, have been made

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aware of the motion, and Defendant’s counsel has assured the Court that the withdrawal will not

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result in delay. However, Defendant’s counsel inconsistently refers to Defendant as both

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Defendant and Plaintiff in their motion. The Court reminds Defendant’s counsel that they should

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carefully review future filings to avoid potentially confusing discrepancies.

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IT IS THEREFORE ORDERED that Defendant’s counsel’s motion to withdraw (ECF
No. 21) is granted.
IT IS FURTHER ORDERED that Defendant Brian Poff shall have thirty days, until

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Monday, December 20, 2021, to advise the Court if he will retain new counsel or proceed pro se.

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Failure to notify the Court as to Defendant’s new representation may subject him to dispositive

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sanctions, including a recommendation for dismissal of this action.

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Case 2:20-cv-01642-JCM-DJA Document 22 Filed 11/18/21 Page 2 of 2

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IT IS FURTHER ORDERED that the Clerk of Court shall add the last known address of
Brian Poff to the civil docket and send a copy of this order to his last known address:

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Brian Poff II

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7360 Lake Drive

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Fort Myers, FL 33908

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[e-mail]

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DATED: November 18, 2021
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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