T1 Payments LLC v. New U Life Corporation, No. 2:2019cv01816 - Document 320 (D. Nev. 2024)

Court Description: ORDER Granting 319 Motion to Withdraw as Attorney. Richard C. Harlan withdrawn from the case. Signed by Magistrate Judge Daniel J. Albregts on 1/18/2024. (Copies have been distributed pursuant to the NEF - ALZ)

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T1 Payments LLC v. New U Life Corporation Doc. 320 1 Richard C. Harlan (admitted pro hac vice) rharlan@larsonllp.com 2 LARSON LLP 555 South Flower Street, 30th Floor 3 Los Angeles, California 90071 Telephone:(213) 436-4888 4 Facsimile: (213) 623-2000 5 Attorneys for Plaintiff and Counter-Defendant T1 PAYMENTS, LLC and Counter-Defendant 6 T1 PAYMENTS LIMITED 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA (LAS VEGAS) 9 10 T1 PAYMENTS, LLC, a Nevada limited 11 liability company, Plaintiff, 12 13 vs. Case No. 2:19-cv-01816-ART-DJA MOTION TO WITHDRAW AS PRO HAC VICE COUNSEL OF RECORD 14 NEW U LIFE CORPORATION, a 15 16 17 California corporation, Defendant. ________________________________ NEW U LIFE CORPORATION, a 18 California corporation, 19 20 21 22 Counterclaimant, vs. T1 PAYMENTS LLC, a Nevada limited liability company, et al., 23 24 Counterclaim-Defendants. 25 26 27 28 LOS ANGELES MOTION TO WITHDRAW AS COUNSEL OF RECORD Dockets.Justia.com 1 Pursuant to Local Rule IA 11-6 and Rule 1.16 of the Nevada Rules of 2 Professional Conduct, undersigned counsel moves the Court for an order 3 authorizing Richard C. Harlan of Larson LLP to withdraw as counsel for plaintiff 4 and counterclaim-defendant T1 Payments LLC and counterclaim-defendants T1 5 Payments Ltd. (collectively, the “T1 Parties”). 6 This Motion is made and based upon the following points and authorities and 7 the pleadings and papers on file herein. 8 9 Respectfully, 10 Dated: January 16, 2024 LARSON LLP 11 12 13 14 15 16 By: /s/ R.C. Harlan R.C. HARLAN (admitted pro hac vice) Attorneys for Plaintiff and Counter-Defendant T1 PAYMENTS, LLC and Counter-Defendant T1 PAYMENTS LIMITED 17 18 19 20 21 22 23 24 25 26 27 28 LOS ANGELES 2 MOTION TO WITHDRAW AS COUNSEL OF RECORD 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 Local Rule IA 11-6(b) provides, “If any attorney seeks to withdraw after 3 appearing in a case, the attorney must file a motion or stipulation and serve it on the 4 affected client and opposing counsel.” Furthermore, LR 11-6(e) provides that “no 5 withdrawal or substitution will be approved if it will result in delay of discovery, the 6 trial, or any hearing in the case.” Similarly, Nevada Rule of Professional Conduct 7 1.16(b) provides that a lawyer may withdraw from representing a client if 8 “[w]ithdrawal can be accomplished without material adverse effect on the interests 9 of the client.” 10 Due to the attorney-client privilege and Counsel’s duties of confidentiality 11 and loyalty, Counsel cannot disclose the specific circumstances prompting the 12 instant Motion. However, as set forth in the Declaration of Richard C. Harlan below, 13 multiple bases identified in NRPC 1.16(b) exist for Counsel’s withdrawal. 14 Generally, the relationship between the Firm and the T1 Parties has broken down to 15 the extent that Counsel can no longer effectively represent Defendants’ interests. 16 Harlan Decl. 5. 17 Here, the docket represents that the T1 Parties are represented by multiple 18 attorneys. 19 The known contact information for the attorneys representing the T1 Parties 20 are as follows: 21 22 T1 Payments LLC 10161 W. Park Run Drive, Suite 150 Las Vegas, NV 89145 T1 Payments Ltd. 290 Moston Lane, Manchester, England, M40 9WB Jeffrey A. Cogan Jeffrey A. Cogan Esq. Ltd. 1057 Whitney Ranch Drive, Suite 350 Henderson, NV 89014 702-474-4228 (fax) jeffrey@jeffreycogan.com Jeffrey A. Cogan Jeffrey A. Cogan Esq. Ltd. 1057 Whitney Ranch Drive, Suite 350 Henderson, NV 89014 702-474-4228 (fax) jeffrey@jeffreycogan.com 23 24 25 26 27 28 LOS ANGELES 3 MOTION TO WITHDRAW AS COUNSEL OF RECORD 1 2 3 4 5 6 7 8 9 10 11 Kelly B. Stout Hone Law 701 N. Green Valley Pkwy., Suite 200 Henderson, NV 89074 702-608-2896 702-608-2896 (fax) kstout@hone.law CONCLUSION 12 13 Dennis L. Kennedy Bailey Kennedy 8984 Spanish Ridge Avenue Las Vegas, NV 89148 (702) 562-8820 (702) 562-8821 (fax) dkennedy@baileykennedy.com Joshua P. Gilmore Bailey Kennedy 8984 Spanish Ridge Avenue Las Vegas, NV 89148 (702) 562-8820 (702) 562-8821 (fax) jgilmore@baileykennedy.com Accordingly, Counsel respectfully requests that this Court grant the Motion to 14 Withdraw as Counsel of Record, and allow Larson LLP to withdraw as counsel for 15 the T1 Parties. 16 Dated: January 16, 2024 LARSON LLP 17 18 19 20 21 By: /s/ R.C. Harlan R.C. HARLAN (admitted pro hac vice) Attorneys for Plaintiff and Counter-Defendant T1 PAYMENTS, LLC and Counter-Defendant T1 PAYMENTS LIMITED 22 23 24 25 26 27 28 LOS ANGELES 4 MOTION TO WITHDRAW AS COUNSEL OF RECORD 1 DECLARATION OF RICHARD C. HARLAN 2 I, Richard C. Harlan, being first duly sworn, deposes and says: 3 1. This Declaration is made of my own personal knowledge except where 4 stated on information or belief, and as to those matters, I believe them to be true. If 5 called as a witness, I would competently testify thereto. 6 2. I hereby affirm under penalty of perjury that the assertions of this 7 Declaration are true. 8 3. I am a partner with the law firm of Larson LLP and am licensed to 9 practice law in the State of California. I am admitted pro hac vice in the U.S. 10 District Court Nevada and I serve as counsel of record in this action for T1 11 Payments, LLC and TI Payments Limited. 12 4. This Declaration is submitted pursuant to NRPC 1.16, and SCR 46 in 13 support of Larson LLP’s Motion to Withdraw as Counsel of Record (the “Motion”). 14 5. Due to the attorney-client privilege and Counsel’s duties of 15 confidentiality and loyalty, Counsel cannot disclose the specific circumstances 16 prompting the instant Motion. However, multiple bases identified in Rule 1.16(b) of 17 the Nevada Rules of Professional Conduct exist for Counsel’s withdrawal. 18 Generally, the relationship between Counsel and T1 Parties has broken down to the 19 extent that Counsel can no longer effectively represent T1 Parties’ interests. These 20 issues would make Counsel’s continued representation of them unreasonably 21 difficult, financially burdensome and impractical. Counsel has made several 22 attempts to resolve these issues, but attempts have been unsuccessful. 23 6. I have previously provided T1 Parties reasonable notice of the Firm’s 24 intention to withdraw, and have received no response. 25 /// 26 /// 27 /// 28 /// LOS ANGELES 5 MOTION TO WITHDRAW AS COUNSEL OF RECORD 1 I declare under penalty of perjury that the foregoing is true and correct. 2 Executed this 16th day of January, 2024, at Los Angeles, California. 3 4 /s/ R.C. Harlan Richard C. Harlan 5 6 7 8 IT IS SO ORDERED. 9 DATED: 1/18/2024 10 11 12 ________________________________ DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LOS ANGELES 6 MOTION TO WITHDRAW AS COUNSEL OF RECORD 1 2 3 4 5 6 7 CERTIFICATE OF SERVICE I certify that I am an employee of Larson LLP, and that on the 16th day of January, 2024, a true and correct copy of the foregoing document entitled MOTION TO WITHDRAW AS COUNSEL PRO HAC VICE was electronically filed with the Clerk of the Court by using CM/ECF service which will provide copies to all counsel of record registered to receive CM/ECF notification. Notice was also provided to the following parties in the following manner: 8 9 10 11 12 13 14 15 Via USPS and FedEx T1 Payments LLC 10161 W. Park Run Drive, Suite 150 Las Vegas, NV 89145 Via International Mail T1 Payments Ltd. 290 Moston Lane Manchester, England M40 9WB 16 /s/ R.C. Harlan Richard C. Harlan 17 18 19 20 21 22 23 24 25 26 27 28 LOS ANGELES 7 MOTION TO WITHDRAW AS COUNSEL OF RECORD 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 SOUTHERN DIVISION 11 12 T1 PAYMENTS, LLC, a Nevada limited Case No. 2:19-cv-01816-ART-DJA 13 (PROPOSED) ORDER GRANTING R.C. HARLAN’S MOTION TO WITHDRAW AS PRO HAC VICE COUNSEL FOR T1 PAYMENTS, LLC AND T1 PAYMENTS LIMITED 14 15 liability company, Plaintiff, vs. NEW U LIFE CORPORATION, a 16 California corporation, Defendant. 17 18 ________________________________ 19 NEW U LIFE CORPORATION, a 20 California corporation, Counterclaimant, 21 22 vs. 23 T1 PAYMENTS LLC, a Nevada limited 24 liability company, et al., 25 Counterclaim-Defendants. 26 27 28 1 LOS ANGELES (PROPOSED) ORDER GRANTING R.C. HARLAN’S MOTION TO WITHDRAW AS PRO HAC VICE COUNSEL FOR T1 PAYMENTS, LLC AND T1 PAYMENTS LIMITED 1 2 (PROPOSED) ORDER This matter having come before this Court pursuant to the motion to withdraw 3 as Pro Hac Vice counsel for Plaintiff and Counterclaim-Defendant T1 Payments 4 LLC and Counterclaim-Defendant T1 Payments Ltd. filed by R.C. Harlan. 5 GOOD CAUSE APPEARING THEREFOR: 6 IT IS HEREBY ORDERED that R.C. Harlan is hereby relieved as Pro Hac 7 Vice attorney of record for Plaintiff and Counterclaim-Defendant T1 Payments LLC 8 and Counterclaim-Defendant T1 Payments Ltd. in this action. 9 10 Dated: __________________ 11 12 13 ______________________________________ United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 LOS ANGELES (PROPOSED) ORDER GRANTING R.C. HARLAN’S MOTION TO WITHDRAW AS PRO HAC VICE COUNSEL FOR T1 PAYMENTS, LLC AND T1 PAYMENTS LIMITED 1 2 3 4 5 6 7 8 9 CERTIFICATE OF SERVICE I certify that I am an employee of Larson LLP, and that on the 16th day of January, 2024, a true and correct copy of the foregoing document entitled (PROPOSED) ORDER GRANTING R.C. HARLAN’S MOTION TO WITHDRAW AS PRO HAC VICE COUNSEL FOR T1 PAYMENTS, LLC AND T1 PAYMENTS LIMITED was electronically filed with the Clerk of the Court by using CM/ECF service which will provide copies to all counsel of record registered to receive CM/ECF notification. Notice was also provided to the following parties in the following manner: 10 11 12 13 14 15 16 17 18 19 Via USPS and FedEx T1 Payments LLC 10161 W. Park Run Drive, Suite 150 Las Vegas, NV 89145 Via International Mail T1 Payments Ltd. 290 Moston Lane Manchester, England M40 9WB /s/ R.C. Harlan Richard C. Harlan 20 21 22 23 24 25 26 27 28 3 LOS ANGELES (PROPOSED) ORDER GRANTING R.C. HARLAN’S MOTION TO WITHDRAW AS PRO HAC VICE COUNSEL FOR T1 PAYMENTS, LLC AND T1 PAYMENTS LIMITED

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