American Contractors Indemnity Company v. Sailsbery

• Court: District Court, D. Nevada
• Decided: November 13, 2019
• Docket: 2:19-cv-00148
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 AMERICAN CONTRACTORS Case No. 2:19-cv-00148-JAD-BNW 5 INDEMNITY COMPANY,

6 Plaintiff, ORDER

7 v.

8 JENNIFER SAILSBERY, et al.,

9 Defendants.

10 11 Presently before the court is attorney Michael D. Rawlins’ Motion to Withdraw as 12 Counsel for Jennifer Sailsbery, Silver State Mechanical, Inc., Plumbrx, Inc., and Jennifer Sue 13 Sailsbery, Trustee of the Sailsbery Asset Protection Trust (ECF No. 29). The motion is 14 unopposed. 15 Mr. Rawlins moves to withdraw as counsel for Jennifer Sailsbery, Silver State 16 Mechanical, Inc., Plumbrx, Inc., and Jennifer Sue Sailsbery, Trustee of the Sailsbery Asset 17 Protection Trust for several reasons. First, the defendants have requested that Mr. Rawlins 18 withdraw from the representation. Second, Sailsbery filed her own opposition to a pending 19 motion without Mr. Rawlins’ knowledge. Third, the defendants have not fulfilled their financial 20 obligations to Mr. Rawlins, resulting in an unreasonable financial burden on his law firm. The 21 motion includes a certificate of service indicating the motion was served on Sailsbery by United 22 States mail on the date the motion was filed. 23 Having reviewed and considered the motion, and good cause appearing, the court will 24 grant the motion to withdraw. By December 2, 2019, Jennifer Sailsbery must file a notice with 25 the court indicating whether she will represent herself or retain new counsel. 26 But Silver State Mechanical, Inc., Plumbrx, Inc., and Jennifer Sue Sailsbery, Trustee of 27 the Sailsbery Asset Protection Trust are advised that they cannot represent themselves and must 1 || 1994) (stating that “[c]orporations and other unincorporated associations must appear in court 2 || through an attorney”); Alpha Land Co. v. Little, 238 F.R.D. 497, 502 (E.D. Cal. 2006) (stating 3 || that a trust must be represented by an attorney and that a pro se non-attorney trustee cannot 4 || represent another entity, Le., a trust, in federal court). Thus, by December 2, 2019, Silver State 5 || Mechanical, Inc., Plumbrx, Inc., and Jennifer Sue Sailsbery, Trustee of the Sailsbery Asset 6 || Protection Trust must retain a new attorney and that attorney must file a notice of appearance in 7 || this case. Silver State Mechanical, Inc., Plumbrx, Inc., and Jennifer Sue Sailsbery, Trustee of the 8 || Sailsbery Asset Protection Trust are advised that failure to retain an attorney may result in the 9 || imposition of sanctions under Local Rule IA 11-8 or other applicable authority. 10 IT IS THEREFORE ORDERED that attorney Michael D. Rawlins’ Motion to Withdraw 11 as Counsel for Jennifer Sailsbery, Silver State Mechanical, Inc., Plumbrx, Inc., and Jennifer Sue 12 || Sailsbery, Trustee of the Sailsbery Asset Protection Trust (ECF No. 29) is GRANTED. 13 IT IS FURTHER ORDERED that Mr. Rawlins must serve a copy of this order on Jennifer 14 || Sailsbery, Silver State Mechanical, Inc., Plumbrx, Inc., and Jennifer Sue Sailsbery, Trustee of the 15 || Sailsbery Asset Protection Trust and must file proof of that service by November 15, 2019. 16 IT IS FURTHER ORDERED that by December 2, 2019, Jennifer Sailsbery must file a 17 || notice indicating whether she will represent herself or retain a new attorney in this case. 18 IT IS FURTHER ORDERED that by December 2, 2019, Silver State Mechanical, Inc., 19 || Plumbrx, Inc., and Jennifer Sue Sailsbery, Trustee of the Sailsbery Asset Protection Trust must 20 || retain a new attorney and that attorney must file a notice of appearance in this case. 21 IT IS FURTHER ORDERED that the clerk of court must update the addresses on the 22 || docket sheet for Jennifer Sailsbery as follows: 23 2694 Kolob Dr. 34 St. George, Utah 84790

25 DATED: November 13, 2019 26 ube wre bat 27 BRENDA WEKSLER 38 UNITED STATES MAGISTRATE JUDGE