Xing v. USA Good Travel and Tour Inc.

WENDOT LAW GROUP, LTD. Yao (Kelvin) Wen, Esq.

Nevada Bar No. 14299 702-520-8888 E. Bonneville Ave. #150 Las Vegas, NV 89101 [email protected] UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ZIHENG XING ) Case No. 2:20-cv-01593-JCM-BNW 8 ) ) 9 Plaintiff, ) v. ) USA GOOD TRAVEL AND TOUR INC,et al. ) MOTION AND PROPOSED ORDER ) TO WITHDRAW AS COUNSEL OF 11 ) RECORD 12 Defendants. ) ) Yao Wen, Esq. respectfully moves this court for an order permitting Yao Wen, Esq. ("Mr. Wen"), who has appeared in these proceedings, to withdraw as counsel for USA GOOD TRAVEL AND TOUR INC ("UGTT") and Mr. Kongming Yan, in the above captioned matter, pursuant to Local Rule IA 10-6, S.C.R 46, and N.R.P.C 1.16 (b)(1) and (7).

This Motion is made and based upon the Memorandum of Points and Authorities submitted herein, the Declaration of Yao Wen, Esq., attached hereto, the pleadings and papers on file herein, and any argument adduced at the hearing of this Motion to Withdraw as Counsel of Record.

1 Dated this 24 day of February, 2022.

WENDOT LAW GROUP, LTD. 4 __/s/ Yao Wen______________ Yao (Kelvin) Wen, Esq. Nevada Bar No. 14299 6 702-520-8888 E. Bonneville Ave. #150 Las 7 Vegas, NV 89101 [email protected] MEMORANDUM OF POINTS AND AUTHORITIES Yao Wen entered an appearance on behalf of Defendant on or about Sep 15, 2020, among other things; seek to answer the complaint filed by the opposing counsel.

During the representation, Defendant has substantial disagreement with the Counsel.

Further representation would result in an unreasonable financial burden on both Counsel and Defendant. The representation has also been rendered substantially difficult. Furthermore, Defendant insists upon taking action that the lawyer considers unreasonable or with which the lawyer has fundamental disagreement, therefore making the immediate request to withdraw.

Additionally, the opposing counsel in this case will receive notice of this Motion to Withdraw via the CM/ECF system, pursuant to the certificate of service attached herein.

Additionally, Local Rule IA 11-6 (e) provides that "no withdrawal... shall be approved if delay of discovery, the trial or any hearing in the case would result." Here, no delay of any kind will result from Mr. Wen's' withdrawal because Defendant expressed he will be represented by his new counsel. Opposing counsel should have open channel to discuss with Defendant and his new counsel. Mr. Wen's withdrawal will not prejudice either party or delay any proceeding in this matter.

1 CONCLUSION 2 For the reasons set forth above, Mr. Wen respectfully moves this Court enter an Order || approving the withdrawal of Mr. Wen as a representing attorney for Defendants in the instant |) matter.

6 Dated this 24 of February, 2022. ; WENDOT LAW GROUP, LTD. __/s/ Yao Wen 10 Yao (Kelvin) Wen, Esq. Nevada Bar No. 14299 702-520-8888 12 411 E. Bonneville Ave. #150 Las Vegas, NV 89101 13 [email protected] 14 ORDER is || [PT IS ORDERED that ECF No. 14 is GRANTED subject to the orders that follow.

16 || FURTHER ORDERED that Mr. Wen must file a notice of both Defendants’ last known addresses by 3/7/2022 so the Court may update its docket.

1g || ITIS FURTHER ORDERED that Mr. Wen must serve a copy of this order on each Defendant and must file a notice with the Court by 3/7/2022 demonstrating that he served 1° |! this order on Defendants.

IT IS FURTHER ORDERED that Defendant USA Good Travel and Tour Inc. must retain || counsel and have counsel file an appearance in this case by 3/28/2022. See In re Am. W.

95 Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (stating that “[c]orporations and other unincorporated associations must appear in court through an attorney.”). °° IT IS SO ORDERED 24 DATED: 9:50 am, March 02, 2022 2° Gx La wefan 26 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE MOTION TO WITHDRAW AS COUNSEL OF RECORD WENDOT LAW GROUP, LTD. Yao (Kelvin) Wen, Esq.

Nevada Bar No. 14299 702-520-8888 E. Bonneville Ave. #150 Las Vegas, NV 89101 [email protected] UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ZIHENG XING ) Case No. 2:20-cv-01593-JCM-BNW 8 ) ) 9 Plaintiff, ) v. ) USA GOOD TRAVEL AND TOUR INC,et al. ) DECLARATION OF YAO ) WEN,ESQ. IN SUPPORT OF 11 ) MOTION TO WITHDRAW AS 12 Defendants. ) COUNSEL OF RECORD ) I, Yao Wen, declare, under penalty of perjury, that the following is true and correct: 1. I am an attorney-at-law admitted to practice in all courts of the State of Nevada. I have personal knowledge of the facts set forth below and I believe them to be true. I am over eighteen years old and I am competent to testify to the matters set forth herein.

2. I represented Defendants, in the above-referenced matter from the Sep 15, 2020 until my withdraw on Feb 24, 2022.

3. Defendant has been repeated advised of his obligations and substantial disagreement result in Mr. Yao Wen withdrawing as counsel of record.

3 4. Defendant insists upon taking action that the lawyer considers unreasonable or with which the lawyer has fundamental disagreement, therefore making the immediate request to withdraw.

7 Dated this 24 of February, 2022.

WENDOT LAW GROUP, LTD. __/s/ Yao Wen______________ 11 Yao (Kelvin) Wen, Esq. Nevada Bar No. 14299 702-520-8888 13 411 E. Bonneville Ave. #150 Las Vegas, NV 89101 14 [email protected] CERTIFICATE OF SERVICE 17 Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that on this 24 day of February, 2022, I caused the MOTION AND PROPOSED ORDER TO WITHDRAW AS COUNSEL OF RECORD and the DECLARATION OF YAO WEN, ESQ. IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL OF RECORD to be served by the Court’s CM/ECF system.

22 WENDOT LAW GROUP, LTD. __/s/ Yao Wen______________ Yao (Kelvin) Wen, Esq. Nevada 25 Bar No. 14299 702-520-8888 26 411 E. Bonneville Ave. #150 Las Vegas, NV 89101 [email protected]