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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?