Pearson v. National Credit Systems, Inc.

District Court, D. Nevada

Pearson v. National Credit Systems, Inc.

Trial Court Opinion

1

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 ANNA D. PEARSON, Case No. 2:19-cv-01965-RFB-DJA 6 Plaintiff, 7 ORDER v. 8 NATIONAL CREDIT SYSTEMS, INC., 9 Defendant. 10 11 This matter is before the Court on Defense Counsel’s Motion to Withdraw as Counsel 12 (ECF No. 20), filed on July 30, 2020. Pursuant to Local Rule (“LR”) IA 11-6, “[n]o attorney may 13 withdraw after appearing in a case except by leave of Court after notice has been served on the 14 affected client and opposing counsel.” See LR IA 11-6(b). Having reviewed the motion, the 15 Court finds that requirements of LR IA 11-6(b) have been met. Mr. Thomson indicates 16 Defendant has failed to meet its obligations to the firm despite reasonable warnings and that 17 continued representation would result in an unreasonable financial burden necessitating 18 withdrawal. The Court will require that Defendant National Credit Systems, Inc. advise the Court 19 if it will retain new counsel by August 31, 2020 as it must retain new counsel if it intends to 20 continue to litigate this matter. See United States v. High Country Broad.,

3 F.3d 1244

, 1245 (9th 21 Cir. 1993) (per curiam); In re Am. W. Airlines,

40 F.3d 1058, 1059

(9th Cir. 1994) (stating that 22 “[c]orporations and other unincorporated associations must appear in court through an attorney.”). 23 Filing a notice of new counsel on or before August 31, 2020 is sufficient to comply with the 24 Court’s order. Failure to respond may result in a recommendation to the United States District 25 Judge assigned to this case that dispositive sanctions be issued against Defendant National Credit 26 Systems, Inc. including dismissal of this action. 27 1 IT IS HEREBY ORDERED that Defense Counsel Raleigh C. Thompson and Ryan M. 2 Lower’s Motion to Withdraw as Counsel (ECF No. 20) is granted. 3 IT IS FURTHER ORDERED that Defendant National Credit Systems, Inc. shall have 4 until August 31, 2020 to advise the Court if it will retain new counsel. Failure to notify the Court 5 as to their new representation may subject it to dispositive sanctions, including a recommendation 6 for dismissal of this action. 7 IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known address 8 of Defendant to the civil docket and send a copy of this Order to Defendant’s last known address: 9 Ron Sapp, Vice President of Operations for National Credit Systems, Inc. 10 39555 Orchard Hill Place 11 Ste. 600, PMB 6338 12 Novi, Michigan 48375 13 [email protected] 14 15 DATED: August 10, 2020 16 DANIEL J. ALBREGTS 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27

Reference

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