Wright et al v. Progressive Direct Insurance Company et al
Filing
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ORDER granting #9 Motion to Withdraw as Attorney.IT IS THEREFORE ORDERED that Jeffrey D. Kaliel of KALIELGOLD PLLC be allowed to withdraw as Counsel of record, for 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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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
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THE DISTRICT OF NEVADA
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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.
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MOTION TO WITHDRAW AS COUNSEL
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COMES NOW, Gregg A. Hubley, Esq. and Christopher A.J. Swift, Esq., on behalf of
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Jeffrey D. Kaliel, Esq., of the law firm KALIELGOLD PLLC, hereby moves this Honorable Court
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for an Order allowing the law firm KALIELGOLD PLLC to withdraw as attorney of record for
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Plaintiffs Kristina Pfaff-Harris and Fred G. Wright (“Plaintiffs”).
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This Motion is made and based upon the following Memorandum of Points and
Authorities, and the Declaration of Jeffrey D. Kaliel, attached hereto.
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MEMORANDUM OF POINTS AND AUTHORITIES
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1.
This lawsuit was filed on April 19, 2024. Dkt. 1.
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2.
The lawsuit lists Jeffrey D. Kaliel of KALIELGOLD PLLC (the “KG Attorney”)
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as an attorney of record on the complaint.
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Listing the KG Attorney as counsel for Plaintiffs in this lawsuit was error,
because the KG Attorney does not and has never represented Plaintiffs in this matter.
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The KG Attorney was not notified that the complaint lists him as counsel of
record at the time the lawsuit was filed.
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The KG Attorney first became aware that he was listed as counsel of record on
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or about April 25, 2024, when he received copy by mail of an April 23, 2024 Notice to Counsel
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Pursuant to Local Rule IA 11-2.
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6.
Nevada Supreme Court Rule (“SCR”) 46 provides that an attorney may
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withdraw “at any time before judgment or final determination … upon the order of the court or
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judge thereof on the application of the attorney…” Pursuant to SCR 166, an attorney may be
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permitted to withdraw if withdrawal can be accomplished without adversely affecting the
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interests of the client, or if good cause exists for terminating the representation.
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7.
Local Rule IA 11-6(a) allows for an attorney to withdraw with leave of court
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after notice of the intent to withdraw is served. Plaintiffs’ Counsel, Carney Bates & Pulliam
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PLLC, has notified Plaintiffs that KALIELGOLD PLLC is seeking withdrawal.
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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.
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MOTION TO WITHDRAW AS COUNSEL
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Here, withdrawal should be permitted as there will be no delay, as the matter is
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in its inception and the Complaint has not been served. Plaintiffs are in agreement that Jeffrey D.
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Kaliel of KALIELGOLD PLLC should withdraw from this case.
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10.
The attached Declaration of Jeffrey D. Kaliel is incorporated herein by reference
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and establishes that good cause exists for the withdrawal of KALIELGOLD PLLC as counsel of
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record for Plaintiffs, that withdrawal can be accomplished without adversely affecting the interest
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of the clients.
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Pursuant to Local Rule IA 11-6(b), a copy of this motion has been served on the
Plaintiffs via e-mail, as well as via the Court’s CM/ECF system to all parties and counsel as
identified on the Court-generated Notice of Electronic Filing.
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WHEREFORE, the undersigned respectfully requests that this Court enter an Order
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approving the withdrawal of KALIELGOLD PLLC as an attorney of record for Plaintiffs Kristina
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Pfaff-Harris and Fred G. Wright in this matter and be removed from the CM/ECF notification
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list for this matter.
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DATED this 7th day of May 2024.
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Respectfully submitted,
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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
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MOTION TO WITHDRAW AS COUNSEL
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ORDER
IT IS THEREFORE ORDERED that Jeffrey D. Kaliel of KALIELGOLD PLLC be
allowed to withdraw as Counsel of record, for Kristina Pfaff-Harris and Fred G. Wright.
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IT IS SO ORDERED.
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Dated: May 8, 2024
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_______________________________
United States Magistrate Judge
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MOTION TO WITHDRAW AS COUNSEL
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DECLARATION OF JEFFREY D. KALIEL IN SUPPORT OF MOTION TO
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WITHDRAW AS COUNSEL
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I, JEFFREY D. KALIEL, declare under penalty of perjury under the laws of the United
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States, as follows:
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1.
I am an attorney licensed to practice law in the State of California and am a
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Partner of the law firm of KALIELGOLD PLLC. The facts set forth in this declaration are known
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to me personally, or are based upon my information and belief, and if called to do so, I would
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competently testify under oath regarding the same.
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2.
I make this declaration in support of KALIELGOLD PLLC’s motion to
withdraw as counsel of record and removal from CM/ECF service list for Plaintiffs.
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3.
This lawsuit was filed on April 19, 2024.
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4.
The lawsuit lists myself, Jeffrey D. Kaliel, as an attorney of record on the
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complaint.
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Listing myself as counsel in this lawsuit was error, because I do not and have
never represented Plaintiffs in this matter.
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6.
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lawsuit was filed.
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7.
I was not notified that the complaint lists me as counsel of record at the time the
I first became aware that I was listed as counsel of record on or about April 25,
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2024, when I received copy by post mail of an April 23, 2024 Notice to Counsel Pursuant to
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Local Rule IA 11-2.
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8.
KALIELGOLD PLLC has not been retained by Plaintiffs to represent them in
the above-captioned matter.
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Since this matter is in its inception and the Complaint has not been served, there
will be no delay by permitting withdrawal.
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Further, permitting withdrawal will not adversely affect the interest of the clients
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as the law firms of ARIAS SANGUINETTI WANG & TEAM LLP, SHAMIS & GENTILE,
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P.A., EDELSBERG LAW, P.A., CARNEY BATES & PULLIAM, PLLC, NORMAND PLLC,
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and JACOBSON PHILLIPS PLLC are not seeking withdrawal as counsel of record in this matter.
MOTION TO WITHDRAW AS COUNSEL
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Accordingly, by this motion, I respectfully request the withdrawal of
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KALIELGOLD PLLC as counsel of record. This Motion is brought in good faith and not for
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purposes of any delay.
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I declare under penalty of perjury under the laws of the State of Nevada that the foregoing
is true and correct.
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DATED this 7th day of May 2024.
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By: /s/ Jeffrey D. Kaliel
Jeffrey D. Kaliel
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MOTION TO WITHDRAW AS COUNSEL
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