Da-Silva v. Smith's Food & Drug Centers, Inc.
Filing
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ORDER Granting 16 MOTION to Withdraw as Attorney by Lewis J. Gazda, Esq. filed by Vivian Rodrigues Da-Silva. IT IS FURTHER ORDERED that the Court Clerk mail a copy of this Order and the 21 Report and Recommendation to Plaintiff Vivian Rodrigues Da-Silva. Signed by Magistrate Judge Cam Ferenbach on 2/6/2013. (Copies have been distributed pursuant to the NEF - cc: Plaintiff - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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VIVIAN RODRIGUES DA-SILVA,
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Plaintiff,
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vs.
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2:12-cv-00595-GMN-VCF
SMITH’S FOOD & DRUG CENTERS, INC.,
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ORDER
Defendant.
[Motion to Withdraw as Attorney (#16)]
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Before the Court is Plaintiff’s Motion to Withdraw as Attorney (#16) on December 26, 2012.
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The Court held a hearing on February 6, 2013.
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Relevant Background:
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Pursuant to the order granting the Second Stipulation and Order to Extend Time for Discovery
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(#13), discovery cut-off was extended to February 8, 2013. On December 13, 2012, Defendant filed the
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Motion to Dismiss or in the Alternative to Compel Discovery and Award Sanctions (#14), the response
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to the Motion to Dismiss was filed on December 21, 2012 (#15), and the reply in support of the Motion
to Dismiss was filed on December 31, 2012 (#17).
The Motion to Dismiss was referred to the
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undersigned for a Report and Recommendation. A minute order setting the Motion to Dismiss for a
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hearing on February 6, 2013 was entered on January 22, 2012 (#19). The hearing on the Motion to
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Dismiss was held on February 6, 2013 and the Report and Recommendation (#21) was entered shortly
after the hearing on the same day.
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Lewis Gazdaz, Esq., Afshin Tadayon, Esq., and the law firm of Gazda & Tadayon seek to
withdraw as attorney of record for Plaintiff Vivian Rodrigues Da-Silva as, “[c]ommunication has broken
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down to where representation is impossible, communication cannot be restored to where Gazda &
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Tadayon can adequately represent the Plaintiff.” (#16).
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Discussion:
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Local Rule IA 10-6 provides that “no withdrawal . . . shall be approved if delay of discovery, the
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trial or any hearing in the case would result.”
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February 8, 2013. No trial date has been entered for this matter and a hearing has been held on Motion
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There is no delay of discovery as the cut-off date is
to Dismiss or in the Alternative to Compel Discovery and Award Sanctions (#14). Defendant has not
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filed an opposition to the Motion to Withdraw As Counsel. Local Rule 7-2(d) states that “[t]he failure
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of an opposing party to file points and authorities in response to any motion shall constitute a consent to
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the granting of the motion.”
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Having reviewed and considered the matter, and for good cause shown,
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IT IS HEREBY ORDERED that Motion to Withdraw as Attorney (#16) is GRANTED.
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IT IS FURTHER ORDERED that the Court Clerk mail a copy of this order and the Report and
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Recommendation (#21) to Plaintiff Vivian Rodrigues Da-Silva at the following address:
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Vivian Rodrigues Da-Silva
2110 Mariposa Avenue
Las Vegas, Nevada 89104
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DATED this 6th day of February, 2013.
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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
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