O'Neil v. Las Vegas Metropolitan Police Department et al, No. 2:2022cv00474 - Document 28 (D. Nev. 2023)

Court Description: ORDER granting ECF No. 27 Motion to Withdraw as Attorney : The firm of CHRISTIAN MORRIS withdrawn as counsel of record for Plaintiff Ashley ONeil. Signed by Magistrate Judge Brenda Weksler on 4/4/2023. (Wesley H. LeMay, Jr and Christian Morris withdrawn from the case.) (Copies have been distributed pursuant to the NEF - DRM)

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O'Neil v. Las Vegas Metropolitan Police Department et al Doc. 28 Case 2:22-cv-00474-ART-BNW Document 28 Filed 04/04/23 Page 1 of 7 1 2 3 4 5 7 8 9 10 2250 Corporate Circle, Suite 390 Henderson, NV 89074 7 0 2 - 4 3 4 . 8 2 8 2 / 7 0 2 - 4 34 . 14 8 8 ( f a x ) Christian morris trial attorneys 6 CHRISTIAN M. MORRIS, ESQ. Nevada Bar No. 11218 WESLEY H. LeMAY, JR., ESQ. Nevada Bar 14907 VICTORIA R. ALLEN, ESQ. Nevada Bar 15005 CHRISTIAN MORRIS TRIAL ATTORNEYS 2250 Corporate Circle, Suite 390 Henderson, Nevada 89074 Telephone: (702) 434-8282 Facsimile: (702) 434-1488 christian@cmtrialattorneys.com wesley@cmtrialattorneys.com victoria@cmtrialattorneys.com Attorneys for Plaintiff, Ashley O’Neil UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 ASHLEY O’NEIL, an individual; 14 CASE NO.: 2:22-cv-00474-ART-BNW Plaintiff, 15 vs. 16 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a Political Subdivision of the State of Nevada; COUNTY OF CLARK, CLARK COUNTY DETENTION CENTER, a Political subdivision of the State of Nevada; SHERIFF JOE LOMBARDO, individually and in his capacity as sheriff of the Las Vegas Metropolitan Police Department; WELLPATH, LLC, a foreign corporation, DOE NURSE COCO, individually; DOE OFFICERS 1 through 10, individually, DOE NURSES 1 through 10, individually; DOES 1 through 10; ROE CORPORATIONS 11 through 20; and ABC LIMITED LIABILITY COMPANIES 21 through 30, inclusive, 17 18 19 20 21 22 23 24 25 Defendants. MOTION TO WITHDRAW AS COUNSEL 26 27 28 1 Dockets.Justia.com 1 COMES NOW, Christian M. Morris, Esq., Wesley H. LeMay, Jr., Esq., and Victoria R. 2 Allen, Esq., of the law firm CHRISTIAN MORRIS TRIAL ATTORNEYS, as attorneys of record 3 for Plaintiff, ASHLEY O’NEIL (“Plaintiff”) hereby move this Honorable Court for an Order 4 allowing the law firm of CHRISTIAN MORRIS TRIAL ATTORNEYS to withdraw as attorney 5 of record. 6 This Motion is based upon the following Points and Authorities, the Declaration of Counsel 7 attached hereto, and upon any arguments of counsel to be permitted at the time of the hearing of 8 this Motion. 9 10 2250 Corporate Circle, Suite 390 Henderson, NV 89074 7 0 2 - 4 3 4 . 8 2 8 2 / 7 0 2 - 4 34 . 14 8 8 ( f a x ) Christian morris trial attorneys Case 2:22-cv-00474-ART-BNW Document 28 Filed 04/04/23 Page 2 of 7 DATED this 3rd day of April, 2023. CHRISTIAN MORRIS TRIAL ATTORNEYS 11 12 13 14 15 16 17 CHRISTIAN M. MORRIS, ESQ. Nevada Bar No. 11218 WESLEY H. LeMAY, JR., ESQ. Nevada Bar 14907 VICTORIA R. ALLEN, ESQ. Nevada Bar No. 15005 2250 Corporate Circle, Suite 390 Henderson, Nevada 89074 Attorneys for Plaintiff 18 19 20 21 22 23 24 25 26 27 28 2 1 DECLARATION OF WESLEY H. LeMAY , JR., ESQ. 2 IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL 3 I, WESLEY H. LeMAY, JR., ESQ., being first duly sworn, deposes and says: 4 1. I am an attorney duly licensed to practice before the courts in the State of Nevada 5 and am an associate practicing at CHRISTIAN MORRIS TRIAL ATTORNEYS law firm in 6 Henderson, Nevada. The following facts are within my personal knowledge, unless stated 7 otherwise, and if called as a witness, I am competent to testify thereto. 8 9 2250 Corporate Circle, Suite 390 Henderson, NV 89074 7 0 2 - 4 3 4 . 8 2 8 2 / 7 0 2 - 4 34 . 14 8 8 ( f a x ) Christian morris trial attorneys Case 2:22-cv-00474-ART-BNW Document 28 Filed 04/04/23 Page 3 of 7 2. CHRISTIAN MORRIS TRIAL ATTORNEYS is counsel of record for Ashley O’Neil (“Plaintiff”) in the above-referenced matter. 10 3. I make this declaration in support of the instant Motion to Withdraw as Counsel. 11 4. Consistent with RPC 1.16(b), CHRISTIAN MORRIS TRIAL ATTORNEYS and I 12 can no longer adequately represent Plaintiff in this matter due to a breakdown in communication 13 on fundamental issues of the case. 14 5. The last known contact information for Plaintiff is as follows: 15 Ashley O’Neil c/o Amanda Kittell: 16 688 Inglenook Dr, Las Vegas NV, 89123 17 amandakittell@yahoo.com, 702-575-1470 18 6. This Motion is not made for the purpose of delay, and I am forwarding, by certified 19 mail, return receipt requested a copy of this Motion to Withdraw as Counsel to Plaintiff’s last 20 known address, as stated above. 21 22 7. I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct. 23 24 WESLEY H. LeMAY, JR., ESQ. 25 26 27 28 3 Case 2:22-cv-00474-ART-BNW Document 28 Filed 04/04/23 Page 4 of 7 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. 3 ARGUMENT 4 5 7 8 9 10 2250 Corporate Circle, Suite 390 Henderson, NV 89074 7 0 2 - 4 3 4 . 8 2 8 2 / 7 0 2 - 4 34 . 14 8 8 ( f a x ) Christian morris trial attorneys 6 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Nevada Supreme Court Rule 46 allow for the withdrawal or change of attorney upon written motion and approval by the Court. Rule SCR 46, in pertinent part, provides: Rule 46. Withdrawal or change of attorney. The attorney in an action or special proceeding may be changed at any time before judgment or final determination as follows: 1. Upon consent of the attorney, approved by the client. 2. Upon the order of the court or judge thereof on the application of the attorney or the client. SCR 46 (1-2). Further, Nevada Rule of Professional Conduct 1.16, in pertinent part, sets forth several bases for an attorney to withdraw: Rule 1.16. Declining or Terminating Representation. (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) The representation will result in violation of the Rules of Professional Conduct or other law; (2) The lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client; or (3) The lawyer is discharged. (b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if: (1) Withdrawal can be accomplished without material adverse effect on the interests of the client; (2) The client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent; (3) The client has used the lawyer’s services to perpetrate a crime or fraud; (4) A client insists upon taking action that the lawyer considers repugnant or with which the lawyer has fundamental disagreement; (5) The client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (6) The representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or (7) Other good cause for withdrawal exists. 4 Case 2:22-cv-00474-ART-BNW Document 28 Filed 04/04/23 Page 5 of 7 Moreover, Local Rule 11-6 authorizes the procedure by which counsel may seek 1 2 leave of the court to withdraw as counsel, and provides, in relevant part: 3 (b) If an attorney seeks to withdraw after appearing in a case, the attorney must file a motion or stipulation and serve it on the affected client and opposing counsel. The affected client may, but is not required to, file a response to the attorney’s motion within 14 days of the filing of the motion, unless the court orders otherwise. . . . 4 5 7 (d) Discharge, withdrawal, or substitution of an attorney will not alone be reason for delay of pretrial proceedings, discovery, the trial, or any hearing in the case. 8 9 14 (e) Except for good cause shown, no withdrawal or substitution will be approved if it will result in delay of discovery, the trial, or any hearing in the case. Where delay would result, the papers seeking leave of the court for the withdrawal or substitution must request specific relief from the scheduled discovery, trial, or hearing. If a trial setting has been made, an additional copy of the moving papers must be provided to the clerk for immediate delivery to the assigned district judge, bankruptcy judge, or magistrate judge. 15 The undersigned was retained to represent the interests of Plaintiff to pursue this action. 16 However, while in the course of advocating Plaintiff’s claim, Counsel has determined they are no 17 longer able to adequately represent the interests of Plaintiff. Accordingly, Plaintiff has been 18 advised that Counsel can no longer represent her and has assisted Plaintiff in obtaining an attorney 19 to represent the interests of Plaintiff. Additionally, discovery in this case is currently stayed 20 pending the Court’s decision on Defendants’ individual Motions to Dismiss, so there will be no 21 delay in discovery. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 10 2250 Corporate Circle, Suite 390 Henderson, NV 89074 7 0 2 - 4 3 4 . 8 2 8 2 / 7 0 2 - 4 34 . 14 8 8 ( f a x ) Christian morris trial attorneys 6 11 12 13 5 Case 2:22-cv-00474-ART-BNW Document 28 Filed 04/04/23 Page 6 of 7 1 II. 2 CONCLUSION 3 4 5 TRIAL ATTORNEYS be allowed to withdraw as counsel of record for Plaintiff Ashley O’Neil. DATED this 3rd day of April, 2023. CHRISTIAN MORRIS TRIAL ATTORNEYS 7 8 9 10 2250 Corporate Circle, Suite 390 Henderson, NV 89074 7 0 2 - 4 3 4 . 8 2 8 2 / 7 0 2 - 4 34 . 14 8 8 ( f a x ) Christian morris trial attorneys 6 Based on the foregoing, it is respectfully requested that the firm of CHRISTIAN MORRIS 11 12 13 CHRISTIAN M. MORRIS, ESQ. Nevada Bar No. 11218 WESLEY H. LeMAY, JR., ESQ. Nevada Bar 14907 VICTORIA R. ALLEN, ESQ. Nevada Bar No. 15005 2250 Corporate Circle, Suite 390 Henderson, Nevada 89074 Attorneys for Plaintiff 14 15 16 17 ORDER IT IS SO ORDERED DATED: 5:03 pm, April 04, 2023 18 19 20 21 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 6 Case 2:22-cv-00474-ART-BNW Document 28 Filed 04/04/23 Page 7 of 7 CERTIFICATE OF SERVICE 2 Pursuant to NEFCR 9, NRCP 5(b) and EDCR 8.02, I certify that on this 3rd day of April, 3 2023, I served the foregoing MOTION TO WITHDRAW AS COUNSEL to the following 4 parties by electronically filing with the Clerk of the Court using the CM/ECF system, which will 5 send notification of such filing to the CM/ECF participants registered to received such service 6 and/or by placing a copy in the U.S. regular mail, postage pre-paid addressed as follows: 7 8 9 10 2250 Corporate Circle, Suite 390 Henderson, NV 89074 7 0 2 - 4 3 4 . 8 2 8 2 / 7 0 2 - 4 34 . 14 8 8 ( f a x ) Christian morris trial attorneys 1 11 12 13 14 15 16 17 18 S. BRENT VOGEL Brent.Vogel@lewisbrisbois.com MELANIE L. THOMAS Melanie.Thomas@lewisbrisbois.com LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Attorneys for Defendant Wellpath, LLC LYSSA S. ANDERSON landerson@kcnvlaw.com RYAN W. DANIELS rdaniels@kcnvlaw.com KAEMPFER CROWELL 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 Attorneys for Defendants Las Vegas Metropolitan Police Department and Sheriff Joe Lombardo 19 20 21 22 Ashley O’Neil c/o Amanda Kittell: 688 Inglenook Dr, Las Vegas NV, 89123 Plaintiff 23 /s/ Thalia V. Gomez An employee of CHRISTIAN MORRIS 24 TRIAL ATTORNEYS 25 26 27 28 7

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