Wright et al v. Progressive Direct Insurance Company et al

Filing 12

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: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
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: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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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.

5.

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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