Niggl v. RSI Enterprises, Inc

District Court, D. Nevada

Niggl v. RSI Enterprises, Inc

Trial Court Opinion

1 2 3 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

LEANN NIGGL, Case No. 2:21-cv-01258-JCM-NJK 7 Plaintiff(s), gly. Order 9| RSI ENTERPRISES, INC., 10 Defendant(s). 11 Pending before the Court is an order for Attorneys Shawn Wayne Miller and David H. 12|| Krieger to show cause. Docket No. 7. Attorneys Miller and Krieger filed a response. Docket No. 13] 9. With respect to Attorney Miller, he explains that his violation of the Court’s order stemmed 14] from a health issue. See id. at 2-3. The order to show cause 1s discharged with respect to Attorney 15] Miller. With respect to Attorney Krieger, no meaningful explanation is advanced as to why he did 16] not comply with the Court’s order. It appears that Attorney Krieger relies on the fact that it was 17] Attorney Miller who had primary responsibility for handling this case. See id. at 2. That is not a 18] viable excuse for failing to comply with an order. See, e.g., U.S. Bank N.A. v. SFR Invs. Pool 1, 19] LLC,

2018 WL 701816

, at *5 (D. Nev. Feb. 2, 2018) (“that an attorney may have engaged co- 20] counsel to assist him in the conduct of a case does not relieve that counsel of record of his duty to 21|| supervise all aspects of the litigation”). Accordingly, Attorney Krieger is ADMONISHED. The 22] Court expects strict compliance with its orders moving forward by all counsel of record. 23 In all other respects, the order to show cause is DISCHARGED. 24 IT IS SO ORDERED. 25 Dated: June 13, 2022 UD 26 fo a en = a Nancy J: Koppe, 27 United StatesMagistrate Judge 28

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