Branagan v. Wall

Filing 16

ORDER - Attorney Alan R. Erb, Esq. shall comply with the court's order (ECF No. 13 ) on or before Tuesday, January 22, 2019. If Mr. Erb fails to timely comply with this order, the court will issue an order to show cause why sanctions should not be issued for failure to follow the courts orders pursuant to LR IA 11-8(d). The Clerk shall MAIL a copy of this order via U.S. Postal Service to Alan R. Erb, Esq. at his address of record and to the plaintiff at the Northern Nev ada Correctional Center. If plaintiff has no objection to Mr. Erb's motion to withdraw, he shall file a notice of non-opposition to the motion with the court. ( Order mailed to Attorney Alan R. Erb, PO Box 133, Gardnerville, NV 89410, and to Tho mas Branagan at NNCC, on 1/11/2019.)Defendants' motion for enlargement of stay (ECF No. 15 ) is GRANTED. This matter will be STAYED an additional sixty (60) days following the court's order on Mr. Erb's motion to withdraw so the parties may continue settlement discussions. Signed by Magistrate Judge Carla Baldwin Carry on 1/10/2019. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

THOMAS BRANAGAN,

)
)
Plaintiff,
)
)
vs.
)
)
JOSEPH WALL,
)
)
Defendant.
)
___________________________)

3:17-CV-0485-MMD-CBC
MINUTES OF THE COURT
January 10, 2019

PRESENT: THE HONORABLE CARLA BALDWIN CARRY, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING

_____

COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Alan R. Erb, Esq. entered a notice of appearance on behalf of the plaintiff
November 8, 2018 (ECF No. 11). On November 20, 2018, Mr. Erb filed a motion to
withdraw as counsel for plaintiff (ECF No. 12). However, counsel failed to serve a copy of
the motion on both plaintiff and defense counsel. The court ordered Mr. Erb to
immediately serve a copy of the motion to withdraw on defense counsel and on the plaintiff
at his current address. Proof of such service was to be immediately filed with the court
(ECF No. 13). To date, counsel has failed to file proof of service of his motion to withdraw.
Therefore,
Alan R. Erb, Esq. shall comply with the court’s order ECF No. 13 on or before
Tuesday, January 22, 2019. If Mr. Erb fails to timely comply with this order, the court will
issue an order to show cause why sanctions should not be issued for failure to follow the
court’s orders pursuant to LR IA 11-8(d).

The Clerk shall MAIL a copy of this order via U.S. Postal Service to Alan R. Erb,
Esq. at his address of record and to the plaintiff at the Northern Nevada Correctional
Center. If plaintiff has no objection to Mr. Erb’s motion to withdraw, he shall file a notice of
non-opposition to the motion with the court.
Defendants’ motion for enlargement of stay (ECF No. 15) is GRANTED. This
matter will be STAYED an additional sixty (60) days following the court’s order on Mr.
Erb’s motion to withdraw so the parties may continue settlement discussions.
IT IS SO ORDERED.
DEBRA K. KEMPI, CLERK
By:

/s/
Deputy Clerk