Feldman v. Sawyer

District Court, D. Nevada

Feldman v. Sawyer

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Sonia Feldman, 2:24-cv-00526-JCM-MDC 4 Plaintiff(s), ORDER GRANTING MOTION TO 5 vs. WITHDRAW 6 Mark Anthony Sawyer, et al., 7 Defendant(s). 8 Pending before the Court is defense counsel’s Motion to Withdraw (ECF No. 31) (“Motion”). 9 For the reasons stated below, the Court GRANTS the Motion. 10 DISCUSSION 11 Under Local Rule (“LR”) IA 11-6(b) “[if] an attorney seeks to withdraw after appearing in a 12 case, the attorney must file a motion or stipulation and serve it on the affected client and opposing 13 counsel.” LR IA 11-6(b). Defendants’ counsel – E. Brent Bryson, Esq. of the law firm of E. Brent 14 Bryson, Ltd.– moves to withdraw as counsel for all defendants because defendants have failure to 15 communicate with counsel and have failed to adequately retain Counsel for the matter. See Motion, 16 ECF No. 31.. 17 Counsel served his motion on all parties and the affected client defendants as required. Counsel 18 further certifies that he advised defendants of his intent to withdraw. Plaintiff filed a non-opposition to 19 the motion. Defendants did not respond to the Motion, or otherwise oppose counsel’s withdrawal, 20 which constitutes consent to the Motion. See LR 7-2(d). Pursuant to the current Stipulated Discovery 21 Plan and Scheduling Order, the pretrial and discovery deadlines are as follows: 22 Discovery Cutoff Date: Monday, March 10, 2025 23 Initial Expert Disclosures: Thursday, January 9, 2025 24 Rebuttal Expert Disclosures: Monday, February 10, 2025 25 Amending the Pleadings and Adding Parties: Monday, December 9, 2024 1 Dispositive Motions: Wednesday, April 9, 2025 2 Joint Pretrial Order: Friday, May 9, 2025 3 4 The Court finds that counsel has shown good cause to withdraw and therefore GRANTS the 5 Motion. 6 DEFENDANT ENTITIES MUST RETAIN NEW COUNSEL 7 Defendants are cautioned that in federal courts, corporate entities may only appear through 8 licensed counsel. United States v. High Country Broad. Co., United States v. High Country Broad. Co, 9

3 F.3d 1244

, 1245 (9th Cir. 1993). Therefore, the corporate defendants must retain counsel and file a 10 notice of appearance by new counsel on or before February 20, 2025. Failure to do so will result in 11 adverse consequences, including sanctions and judgment against such corporate defendants. 12 For the foregoing reasons, 13 IT IS ORDERED that: 14 1. The Motion to Withdraw (ECF No. 31) is GRANTED. The Clerk of Court is kindly 15 directed to remove E. Brent Bryson, Esq. of the law firm of E. Brent Bryson, Ltd. as counsel 16 of record for defendants and from electronic service list for this case. 17 2. The Clerk of the Court is kindly directed to add the last known address of defendants to the 18 docket and send a copy of this Order to their last known addresses: a. MARK SAWYER 19 6940 N. Jensen St, Las Vegas, NV 89149 20 Email: [email protected]

21 b. JENNIFER SAWYER 22 6940 N. Jensen St, Las Vegas, NV 89149 23 Email: [email protected]

24 c. MJS NEVADA TRUST 6940 N. Jensen St, 25 Las Vegas, NV 89149 d. THE PROPERTY LOCATED AT: > 6508 Setting Moon Street North Las Vegas, NV 89084-1258 3 e. ATD COMMERCE, LLC. 4 C/o US CORPORATE SOLUTIONS, LLC 5 2685 S. Rainbow Blvd., Suite 213 Las Vegas, NV 89146 6 f. ACM NORTH, LLC. 7 C/o US CORPORATE SOLUTIONS, LLC 2685 S. Rainbow Blvd., Suite 213 8 Las Vegas, NV 89146 9 g. MAS HOLDINGS GROUP, LLC. 10 C/o US CORPORATE SOLUTIONS, LLC 2685 S. Rainbow Blvd., Suite 213 Las Vegas, NV 89146 12 h. SAWYER HOLDINGS, LLC 13 C/o JEFFREY BURR, LTD. 2600 Paseo Verde Pkwy., Suite 200 14 Henderson, NV 89074 15 3. Non-corporate defendants (Mark Sawyer and Jennifer Sawyer) shall file either a notice of 16 appearance of new counsel or a notice of intent to proceed pro se on or before February 20, 17 2025. 18 4. The corporate defendants (all other defendants) shall file a notice of appearance of new 19 counsel on or before February 20, 2025. 20 5. Failure to timely comply with this order may result in sanctions, including a 21 recommendation that this case be dismissed. 22 DATED this 20" day of December 2024. ff) wa ~

23 IT IS SO ORDERED. fA tL ‘\ if ff a4 4) Hon. Maxihilianh D. Couvillier III 25 United Stgtes Magistrate Judge

1 NOTICE 2 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 3 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 4 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 5 may determine that an appeal has been waived due to the failure to file objections within the specified 6 time. Thomas v. Arn,

474 U.S. 140, 142

(1985). 7 This circuit has also held that (1) failure to file objections within the specified time and (2) 8 failure to properly address and brief the objectionable issues waives the right to appeal the District 9 Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst,

951 F.2d 10 1153, 1157

(9th Cir. 1991); Britt v. Simi Valley United Sch. Dist.,

708 F.2d 452

, 454 (9th Cir. 1983). 11 Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any 12 change of address. The notification must include proof of service upon each opposing party’s attorney, 13 or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may 14 result in dismissal of the action. 15 16 17 18 19 20 21 22 23 24 25

Reference

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