Wright et al v. Progressive Direct Insurance Company et al

Filing 10

ORDER granting 7 Motion to Withdraw as Attorney. IT IS THEREFORE ORDERED that Nathan L. Nanfelt, Laura R. Gerber, Derek W. Loeser, and Chris N. Ryder of KELLER ROHRBACK L.L.P. be allowed to withdraw as Counsel of record, for Plaintiffs Kristina Pfaff-Harris and Fred G. Wright. Signed by Magistrate Judge Nancy J. Koppe on 5/8/2024. (Copies have been distributed pursuant to the NEF - DLS)

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1 2 3 4 5 6 7 GREGG A. HUBLEY, ESQ., NBN 7386 CHRISTOPHER A.J. SWIFT, ESQ., NBN 11291 ARIAS SANGUINETTI WANG & TEAM LLP 7201 W. Lake Mead Boulevard, Suite 570 Las Vegas, Nevada 89128 Telephone: (702) 789-7529 Facsimile: (702) 909-7865 E-mail: gregg@aswtlawyers.com E-mail: christopher@aswtlawyers.com Attorneys for Plaintiffs UNITED STATES DISTRICT COURT FOR 8 THE DISTRICT OF NEVADA 9 10 11 12 13 14 15 16 17 18 Case No.: 2:24-cv-00761-RFB-NJK KRISTINA PFAFF-HARRIS and FRED G WRIGHT, individually and on behalf of all others similarly situated , v. MOTION TO WITHDRAW AS COUNSEL Plaintiffs, PROGRESSIVE DIRECT INSURANCE COMPANY and PROGRESSIVE NORTHERN INSURANCE COMPANY, Ohio corporations, Defendants. 19 20 21 22 23 24 25 26 27 28 MOTION TO WITHDRAW AS COUNSEL 1 1 COMES NOW, Gregg A. Hubley, Esq. and Christopher A.J. Swift, Esq., on behalf of 2 Nathan L. Nanfelt, Esq., Laura R. Gerber, Esq., Derek W. Loeser, Esq., and Chris N. Ryder, Esq. 3 of the law firm KELLER ROHRBACK L.L.P., hereby moves this Honorable Court for an Order 4 allowing the law firm KELLER ROHRBACK L.L.P. to withdraw as attorneys of record for 5 Plaintiffs Kristina Pfaff-Harris and Fred G. Wright (“Plaintiffs”). 6 7 This Motion is made and based upon the following Memorandum of Points and Authorities, and the Declaration of Nathan L. Nanfelt, attached hereto. 8 MEMORANDUM OF POINTS AND AUTHORITIES 9 1. This lawsuit was filed on April 19, 2024. Dkt. 1. 10 2. The lawsuit lists Nathan L. Nanfelt, Laura R. Gerber, Derek W. Loeser, and 11 Chris N. Ryder of KELLER ROHRBACK L.L.P., (collectively, “the Keller Rohrback attorneys”) 12 as attorneys of record on the complaint. 13 3. Listing the Keller Rohrback attorneys as counsel for Plaintiffs in this lawsuit was 14 error, because the Keller Rohrback attorneys do not and have never represented Plaintiffs in this 15 matter. 16 17 18 4. The Keller Rohrback attorneys were not notified that the complaint lists them as counsel of record at the time the lawsuit was filed. 5. The Keller Rohrback attorneys first became aware that they are listed as counsel 19 of record on April 25, 2024, when they received copy by mail of an April 23, 2024 Notice to 20 Counsel Pursuant to Local Rule IA 11-2. 21 6. Nevada Supreme Court Rule (“SCR”) 46 provides that an attorney may 22 withdraw “at any time before judgment or final determination … upon the order of the court or 23 judge thereof on the application of the attorney…” Pursuant to SCR 166, an attorney may be 24 permitted to withdraw if withdrawal can be accomplished without adversely affecting the 25 interests of the client, or if good cause exists for terminating the representation. 26 7. Local Rule IA 11-6(a) allows for an attorney to withdraw with leave of court 27 after notice of the intent to withdraw is served. Plaintiffs’ Counsel, Carney Bates & Pulliam 28 PLLC, has notified Plaintiffs that KELLER ROHRBACK L.L.P. is seeking withdrawal. MOTION TO WITHDRAW AS COUNSEL 2 1 2 3 8. Local Rule IA 11-6(e) provides that, except for good cause, withdrawal will not be granted if a delay in discovery, the trial or any hearing will result. 9. Here, withdrawal should be permitted as there will be no delay, as the matter is 4 in its inception and the Complaint has not been served. Plaintiffs are in agreement that Nathan L. 5 Nanfelt, Laura R. Gerber, Derek W. Loeser, and Chris N. Ryder of KELLER ROHRBACK 6 L.L.P. should withdraw from this case. 7 10. The attached Declaration of Nathan L. Nanfelt is incorporated herein by 8 reference and establishes that good cause exists for the withdrawal of KELLER ROHRBACK 9 L.L.P., as counsel of record for Plaintiffs, that withdrawal can be accomplished without adversely 10 11 affecting the interest of the clients. 11. Pursuant to Local Rule IA 11-6(b), a copy of this motion has been served on the 12 Plaintiffs via e-mail, as well as via the Court’s CM/ECF system to all parties and counsel as 13 identified on the Court-generated Notice of Electronic Filing. 14 15 WHEREFORE, the undersigned respectfully requests that this Court enter an Order 16 approving the withdrawal of Nathan L. Nanfelt, Laura R. Gerber, Derek W. Loeser, and Chris N. 17 Ryder of KELLER ROHRBACK L.L.P., as attorneys of record for Plaintiffs Kristina Pfaff- 18 Harris and Fred G. Wright in this matter and be removed from the CM/ECF notification list for 19 this matter. 20 21 DATED this 7th day of May 2024. 22 Respectfully submitted, 23 By: /s/ Gregg. A. Hubley GREGG A. HUBLEY, ESQ., NBN 7386 CHRISTOPHER A.J. SWIFT, ESQ., NBN 11291 ARIAS SANGUINETTI WANG & TEAM LLP 7201 W. Lake Mead Boulevard, Suite 570 Las Vegas, Nevada 89128 Telephone: (702) 789-7529 Facsimile: (702) 909-7865 E-mail: gregg@aswtlawyers.com E-mail: christopher@aswtlawyers.com 24 25 26 27 28 MOTION TO WITHDRAW AS COUNSEL 3 1 ORDER 2 IT IS THEREFORE ORDERED that Nathan L. Nanfelt, Laura R. Gerber, Derek W. 3 Loeser, and Chris N. Ryder of KELLER ROHRBACK L.L.P.be allowed to withdraw as Counsel 4 of record, for Plaintiffs Kristina Pfaff-Harris and Fred G. Wright. 5 6 IT IS SO ORDERED. 7 Dated: May 8, 2024 8 _______________________________ United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MOTION TO WITHDRAW AS COUNSEL 4 1 DECLARATION OF NATHAN L. NANFELT IN SUPPORT OF MOTION TO 2 WITHDRAW AS COUNSEL 3 I, NATHAN L. NANFELT, declare under penalty of perjury under the laws of the 4 5 United States, as follows: 1. I am an attorney licensed to practice law in the State of Washington and am an 6 attorney at the law firm of KELLER ROHRBACK L.L.P. The facts set forth in this declaration 7 are known to me personally, or are based upon my information and belief, and if called to do so, 8 I would competently testify under oath regarding the same. 9 10 2. I make this declaration in support of my KELLER ROHRBACK L.L.P.’s motion to withdraw as counsel of record and removal from CM/ECF service list for Plaintiffs. 11 3. This lawsuit was filed on April 19, 2024. 12 4. The lawsuit lists myself, Laura R. Gerber, Derek W. Loeser, and Chris N. Ryder 13 of KELLER ROHRBACK L.L.P., (collectively, “the Keller Rohrback attorneys”) as attorneys 14 of record on the complaint. 15 16 17 18 19 5. Listing myself and my colleagues as counsel in this lawsuit was error, because we do not and have never represented Plaintiffs in this matter. 6. My colleagues and I were not notified that the complaint lists us as counsel of record at the time the lawsuit was filed. 7. My colleagues and I first became aware that we are listed as counsel of record 20 on April 25, 2024, when we received copy by post mail of an April 23, 2024 Notice to Counsel 21 Pursuant to Local Rule IA 11-2. 22 23 24 25 26 27 8. KELLER ROHRBACK L.L.P. has not been retained by Plaintiffs to represent them in the above-captioned matter. 9. Since this matter is in its inception and the Complaint has not been served, there will be no delay by permitting withdrawal. 10. Further, permitting withdrawal will not adversely affect the interest of the clients as the law firms of ARIAS SANGUINETTI WANG & TEAM LLP, SHAMIS & GENTILE, 28 MOTION TO WITHDRAW AS COUNSEL 5 1 P.A., EDELSBERG LAW, P.A., CARNEY BATES & PULLIAM, PLLC, NORMAND PLLC, 2 and JACOBSON PHILLIPS PLLC are not seeking withdrawal as counsel of record in this matter. 3 11. Accordingly, by this motion, I respectfully request the withdrawal of KELLER 4 ROHRBACK L.L.P. as counsel of record. This Motion is brought in good faith and not for 5 purposes of any delay. 6 I declare under penalty of perjury under the laws of the State of Nevada that the foregoing 7 is true and correct. 8 DATED this 7th day of May 2024. 9 By: /s/Nathan L. Nanfelt Nathan L. Nanfelt 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MOTION TO WITHDRAW AS COUNSEL 6

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