Paul Ponomarenko v. Nathan Shapiro et al, No. 2:2018cv00216 - Document 122 (D. Nev. 2018)

Court Description: ORDER granting 121 Motion to Withdraw as Attorney. David T. Blake substituted in place of Michael Budi Indrajana and Sanjiv Nand Singh. Signed by Magistrate Judge Carl W. Hoffman on 7/24/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Paul Ponomarenko v. Nathan Shapiro et al 1 2 3 4 Doc. 122 DAVID T. BLAKE (# 11059) Counsel for Summit Estate Inc. 1671 W. Horizon Ridge Parkway, Suite 200 Henderson, NV 89012 Phone: (702) 476-5900 dave@clearcounsel.com 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF NEVADA 7 PAUL PONOMARENKO, an individual, 8 Plaintiff, 9 10 Case No.: 2:18-cv-00216-RFB-CWH v. 11 PROJECT VEGAS MANSION, corporate entity of unknown form, NATHAN SHAPIRO, an individual; and DOES 1 through 50, 12 Defendants. 13 ________________________________________ 14 MOTION TO PERMIT WITHDRAWAL OF CALIFORNIA COUNSEL SANJIV N. SINGH AND MICHAEL INDRAJANA AND TO PERMIT SUBSTITUTION OF NEW COUNSEL FOR SUMMIT ESTATE, INC. AND PAUL PONOMARENKO NATHAN SHAPIRO, an individual, 15 v. 16 17 18 19 20 21 22 23 24 25 26 27 Counterclaimant, PAUL PONOMARENKO, an individual, DOES 1 through 50 and ROE business entities 51-100, Counterdefendants. ________________________________________ NATHAN SHAPIRO, an individual, Third Party Plaintiff, vs. SUMMIT ESTATE, INC. DBA SUMMIT ESTATE RECOVERY CENTER, a California corporation; LUKE GERHARD KROGH, an individual; DOES 1 through 50 and ROE business entities 51 through 100, Third Party Defendants. 28 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 TO THE COURT AND ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that Plaintiff Paul Ponomarenko and Third-Party Defendant Summit Estate, Inc. hereby move the Court for an order permitting withdrawal of California counsel Sanjiv Nand Singh and Michael Budi Indrajana as counsel of record and permitting the filing of a substitution of counsel whereby David T. Blake, Esq. will assume representation for both Mr. Ponomarenko and Summit Estate, Inc. This motion is made pursuant to Local Rule IA 11-6 and in response to the Court’s order (Dkt. No. 115) requiring that Summit Estate Inc. locate counsel and have California Counsel Sanjiv Singh and Michael Indrajana appear pro hac vice. Mr. Blake will assume representation for both Summit Estate and Paul Ponomarenko, thereby obviating the need to have local counsel appear pro hac vice. This motion is based on this Notice of Motion and Motion; the accompanying Memorandum 14 of Points and Authorities, the accompanying Declaration of Paul Ponomarenko, and such other 15 matters as may be presented to the Court at the time of the hearing (if one is required); and such 16 other and further evidence and arguments as the Court may properly consider. 17 DATED: July 20, 2018. Respectfully submitted, 18 19 20 21 22 23 24 25 26 27 28 By: /s/ David T. Blake David T. Blake, Esq. (#11059) Counsel for Plaintiff Paul Ponomarenko and Third-Party Defendant Summit Estate, Inc. MEMORANDUM OF POINTS AND AUTHORITIES 1 2 Pursuant to Local Rule IA 11-6, Plaintiff Paul Ponomarenko and Third-Party Defendant 3 Summit Estate Inc. are requesting permission to substitute in Mr. David Blake as their Nevada 4 counsel in the above captioned matter. Local Rule IA 11-6; see also Declaration of Paul 5 Ponomarenko In Support of Motion (Ponomarenko Declaration) at ¶ 2 attached herein as Exhibit A. 6 California counsel Sanjiv Singh and Michael Budi Indrajana are not admitted in Nevada, and while 7 the Plaintiff was considering having them appear pro hac vice initially, it is now apparent that pro 8 hac vice appearances and/or representation is not necessary as Nevada counsel has been located who 9 can take over representation for all purposes. Id. Mr. Blake has already filed a notice of appearance 10 for Summit Estate, Inc. All that is needed at this time is for the court to grant this motion and 11 authorize filing of a true and correct copy of the attached substitution of counsel attached herein as 12 Exhibit B. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Ponomarenko and Third-Party Defendant Summit Estate Inc. therefore move the court for the authorization to file the aforementioned substitution of counsel and permit withdrawal of California counsel who had been counsel of record when the matter was pending in California. A copy of the proposed order is filed concurrently. DATED: July 20, 2018. Respectfully submitted, By: /s/ David T. Blake David T. Blake, Esq. (#11059) Counsel for Plaintiff Paul Ponomarenko and Third-Party Defendant Summit Estate, Inc. CERTIFICATE OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that on the 20th day of July, 2018, I served a true and accurate copy of the foregoing MOTION TO PERMIT WITHDRAWAL OF CALIFORNIA COUNSEL SANJIV N. SINGH AND MICHAEL INDRAJANA AND TO PERMIT SUBSTITUTION OF NEW COUNSEL FOR SUMMIT ESTATE, INC. AND PAUL PONOMARENKO through the Court’s CM/ECF system, and via email, to the following parties: Thomas Shaddix Counsel for Defendant Nathan Shapiro 6166 S. Sandhill Road, Suite 146 Las Vegas, NV 89120 Phone: (702) 735-7867 thomas@shaddixlaw.com David T. Blake, Esq. Counsel for Summit Estate Inc. 1671 W. Horizon Ridge Parkway, Suite 200 Henderson, NV 89012 Phone: (702) 476-5900 dave@clearcounsel.com Sanjiv N. Singh, Esq. Sanjiv N. Singh, a PLC 1650 S. Amphlett Blvd. Suite 220 San Mateo, CA 94402 Phone: (650) 389-2255 Email: ssingh@sanjivnsingh.com July 24, 2018 Michael Indrajana, Esq. Indrajana Law Group, a PLC 1650 S. Amphlett Blvd. Suite 220 San Mateo, CA 94402 Phone: (650) 597-0928 Email: michael@indrajana.com Paul Ponomarenko 1650 S. Amphlett Blvd. Suite 220 San Mateo, CA 94402 Phone: (650) 597-0928 Email: paul@summitestate.com /s/ K.A.Gentile_____________ An Employee of Clear Counsel Law Group EXHIBIT “A” EXHIBIT “A” DECLARATION OF PAUL PONOMARENKO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I, Paul Ponomarenko, declare as follows: 1. I am the owner of Summit Estate, Inc. I am also the Plaintiff in this matter. I have personal knowledge of the facts in this Declaration, and can testify competently to the facts contained herein. 2. California counsel Sanjiv Singh and Michael Budi Indrajana are not admitted in Nevada, and while I was considering having them appear pro hac vice initially because they were my California counsel in this matter, it is now apparent that pro hac vice appearances and/or representation is not necessary as Nevada counsel has been located who can take over representation for all purposes. Mr. Blake has already filed a notice of appearance for Summit Estate, Inc. I have spoken personally with Mr. Blake, and feel comfortable that he can assume representation with duplicating efforts by also having pro hac vice counsel appear as well. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this July 19, 2018 in Santa Clara, California. 19 20 21 22 23 24 25 26 27 28 PAUL PONOMARENKO EXHIBIT “B” EXHIBIT “B” 1 2 3 4 DAVID T. BLAKE (#11059) Counsel for Summit Estate Inc. 1671 W. Horizon Ridge Parkway, Suite 200 Henderson, NV 89012 Phone: (702) 476-5900 dave@clearcounsel.com 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF NEVADA 7 PAUL PONOMARENKO, an individual, 8 9 10 Plaintiff, v. 11 PROJECT VEGAS MANSION, corporate entity of unknown form, NATHAN SHAPIRO, an individual; and DOES 1 through 50, 12 Defendants. 13 ________________________________________ 14 NATHAN SHAPIRO, an individual, 15 Counterclaimant, 16 v. 17 PAUL PONOMARENKO, an individual, DOES 1 through 50 and ROE business entities 51-100, 18 19 20 21 22 23 24 25 26 27 28 Case No.: 2:18-cv-00216-RFB-CWH Counterdefendants. ________________________________________ NATHAN SHAPIRO, an individual, Third Party Plaintiff, v. SUMMIT ESTATE, INC. DBA SUMMIT ESTATE RECOVERY CENTER, a California corporation; LUKE GERHARD KROGH, an individual; DOES 1 through 50 and ROE business entities 51 through 100, Third Party Defendants. [PROPOSED ORDER] RE MOTION TO PERMIT WITHDRAWAL OF CALIFORNIA COUNSEL SANJIV N. SINGH AND MICHAEL INDRAJANA AND TO PERMIT SUBSTITUTION OF NEW COUNSEL FOR SUMMIT ESTATE, INC. AND PAUL PONOMARENKO PROPOSED ORDER 1 Pursuant to Local Rule IA 11-6, Plaintiff Paul Ponomarenko and Third-Party Defendant 2 3 Summit Estate Inc. moved for permission to substitute in Mr. David Blake as their Nevada counsel 4 in the above captioned matter and permitting withdrawal of their California counsel. Local Rule IA 5 11-6; see also Declaration of Paul Ponomarenko In Support of Motion (Ponomarenko Declaration) 6 at ¶ 2. 7 8 Having considered the Motion and supporting materials, the Court finds good cause and the Motion is GRANTED. 9 10 IT IS SO ORDERED. DATED: July 2018. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: U.S. Magistrate Judge CERTIFICATE OF SERVICE 1 2 I HEREBY CERTIFY that on the 20th day of July 20, 2018, I served a true and accurate 3 copy of the foregoing PROPOSED ORDER through the Court’s CM/ECF system, and via email, to 4 the following parties: 5 Thomas Shaddix Counsel for Defendant Nathan Shapiro 6166 S. Sandhill Road, Suite 146 Las Vegas, NV 89120 Phone: (702) 735-7867 thomas@shaddixlaw.com 6 7 8 9 10 11 12 13 14 15 16 17 David T. Blake, Esq. Counsel for Summit Estate Inc. 1671 W. Horizon Ridge Parkway, Suite 200 Henderson, NV 89012 Phone: (702) 476-5900 dave@clearcounsel.com Sanjiv N. Singh, Esq. Sanjiv N. Singh, a PLC 1650 S. Amphlett Blvd. Suite 220 San Mateo, CA 94402 Phone: (650) 389-2255 Email: ssingh@sanjivnsingh.com 18 19 20 21 22 23 24 25 26 27 28 Michael Indrajana, Esq. Indrajana Law Group, a PLC 1650 S. Amphlett Blvd. Suite 220 San Mateo, CA 94402 Phone: (650) 597-0928 Email: michael@indrajana.com Paul Ponomarenko 1650 S. Amphlett Blvd. Suite 220 San Mateo, CA 94402 Phone: (650) 597-0928 Email: paul@summitestate.com /s/K.A.Gentile An Employee of Clear Counsel Law Group