Orso v. Disner et al

Filing 7

ORDER Denying without prejudice 4 Motion to Substitute Attorney and 5 Motion for Writ. Signed by Magistrate Judge Daniel J. Albregts on 10/11/2023. (Copies have been distributed pursuant to the NEF - JQC)

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Case 2:23-cv-01608-JAD-DJA Document 7 Filed 10/11/23 Page 1 of 1 1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 6 7 8 9 10 11 *** Matthew E. Orso, Case No. 2:23-cv-01608-JAD-DJA Plaintiff, Order v. Todd Disner and Samuel Timpson, Defendants. Before the Court is Nationwide Judgment Recovery Inc.’s motion to substitute attorney 12 (ECF No. 4) and motion for writ of execution (ECF No. 5). The Court denies the motion to 13 substitute. Under Local Rule IA 11-6(c), “[a] stipulation to substitute attorneys must be signed by 14 the newly-appearing attorneys, the withdrawing attorneys, and the represented client and be 15 approved by the court.” Here, Nationwide’s motion to substitute attorney is not signed by 16 Plaintiff Matthew E. Orso. While Nationwide states in the motion to substitute that it is the 17 assignee of Orso, it provides no further explanation and there is nothing on the docket indicating 18 that Orso has assigned his interests in this case. The Court also denies the motion for writ of 19 execution. The plaintiff identified in the writ (Nationwide) is not the plaintiff identified in the 20 judgment papers (Orso). Compare ECF No. 1 with ECF No. 5. 21 22 23 24 25 26 27 28 IT IS THEREFORE ORDERED that the motion to substitute attorney (ECF No. 4) is denied without prejudice. IT IS FURTHER ORDERED that the motion for writ of execution (ECF No. 5) is denied without prejudice. DATED: October 11, 2023 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE

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