Redfern et al vs Transamerica Moving, Inc. et el

Filing 119

ORDER denying 96 Motion for release as agent. See order for specifics. Signed by Judge Larry R. Hicks on 6/22/11. (Copies have been distributed pursuant to the NEF - EM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JONATHAN REDFERN, et al.,

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Plaintiffs,

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v.

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TRANSAMERICA MOVING, INC., et al.,

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Defendants.

3:09-CV-0317-LRH-VPC
ORDER

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Before the court is defendant Alex Plotkin’s (“Plotkin”) motion for release as agent for the

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purpose of service of process as to defendant Transamerica Moving, Inc. (“Transamerica”).

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Doc. #96.1

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On November 30, 2010, the magistrate judge issued a minute order granting the withdrawal

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of Transamerica’s counsel and ordering Transamerica to obtain counsel by December 30, 2010. See

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Doc. #95. As part of the minute order, the magistrate judge granted plaintiffs leave to serve all

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documents relating to Transamerica on defendant Plotkin as representative for Transamerica until

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Transamerica retained new counsel. Id. In response, Plotkin filed the present motion for release as

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agent for Transamerica. Doc. #96.

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The court has reviewed the documents and pleadings on file in this matter and finds that

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Refers to the court’s docket number.

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release of Plotkin as representative for purposes of service of process is not warranted. Although

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Plotkin argues that he has not been Transamerica’s representative since Transamerica filed

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bankruptcy, no other representative of Transamerica has entered an appearance in this action.

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Further, pursuant to the magistrate’s order, Plotkin cannot be released as agent for service of

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process until Transamerica retains new counsel. See Doc. #95. Because Transamerica has not

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retained new counsel, and Plotkin has not established any prejudice to his separate defense by

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maintaining his agent status for service of process, the court shall deny Plotkin’s motion for release.

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IT IS THEREFORE ORDERED that defendant’s motion for release (Doc. #96) is DENIED.

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IT IS SO ORDERED.

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DATED this 22nd day of June, 2011.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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