Colucchi-Coulthard Family Trust v. United States
Colucchi-Coulthard Family Trust v. United States
Trial Court Opinion
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3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
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6 COLUCCHI-COULTHARD FAMILY Case No. 2:20-cv-00530-JCM-DJA TRUST, 7 Plaintiff, ORDER 8 v. 9 UNITED STAES OF AMERICA, 10 Defendant. 11 12 Presently before the Court is Plaintiff Counsel Derek W. Kaczmarek’s Motion to 13 Withdraw as Counsel of Record (ECF No. 14), filed on August 19, 2020. 14 Pursuant to Local Rule (“LR”) IA 11-6, “[n]o attorney may withdraw after appearing in a 15 case except by leave of Court after notice has been served on the affected client and opposing 16 counsel.” See LR IA 11-6(b). Having reviewed the motion, the Court finds that requirements of 17 LR IA 11-6(b) have been met. Mr. Kaczmarek indicates that due to fatal disagreements the 18 parties’ attorney-client relationship is irretrievably broken necessitating withdrawal. Counsel 19 further indicates that Plaintiff has failed to meet its obligations to the firm. The Court will require 20 that Plaintiff Colucchi-Coulthard Family Trust advise the Court if it will retain new counsel by 21 September 18, 2020 as it must retain new counsel if it intends to continue to litigate this matter. 22 See United States v. High Country Broad.,
3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam); In re 23 Am. W. Airlines,
40 F.3d 1058, 1059(9th Cir. 1994) (stating that “[c]orporations and other 24 unincorporated associations must appear in court through an attorney.”). Filing a notice of new 25 counsel on or before September 18, 2020 is sufficient to comply with the Court’s order. Failure 26 to respond may result in a recommendation to the United States District Judge assigned to this 27 1 case that dispositive sanctions be issued against Plaintiff Colucchi-Coulthard Family Trust, 2 including dismissal of this action. 3 IT IS THEREFORE ORDERED that Plaintiff Counsel’s Motion to Withdraw as Counsel 4 of Record (ECF No. 14) is granted. 5 IT IS FURTHER ORDERED that Plaintiff Colucchi-Coulthard Family Trust shall have 6 until September 18, 2020 to advise the Court if it will retain new counsel. Failure to notify the 7 Court as to its new representation may subject it to dispositive sanctions, including a 8 recommendation for dismissal of this action. 9 IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known 10 address of Plaintiff Colucchi-Coulthard Family Trust to the civil docket and send a copy of this 11 Order to Plaintiff Colucchi-Coulthard Family Trust’s last known address: 12 Colucchi-Coulthard Family Trust 13 2397 Green Mountain Court 14 Las Vegas, NV 89135 15 DATED: August 21, 2020 16
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18 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27
Reference
- Status
- Unknown