Gallagher-Kaiser Corporation v. Liberty Duct, LLC

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Gallagher-Kaiser Corporation, Case No. 2:14-cv-00869-GMN-DJA 6 Plaintiff, v. 8 Liberty Duct, et al., 9 Defendants. 10 11 12 This matter is before the Court on Defendant/Third-Party Plaintiff’s Counsel Eileen 13 Mulligan Marks’s Motion to Withdraw as Counsel of Record (ECF No. 123), filed on May 17, 14 2021. 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. Ms. Marks indicates that Hartford Casualty Insurance Company 18 has advised it will no longer pay for the defense of Liberty Duct, LLC, thus resulting in an 19 unreasonable financial burden on The Marks Law Group, LLP. The Court will require that 20 Defendant/Third-Party Plaintiff Liberty Duct, LLC advise the Court if it will retain new counsel 21 by June 23, 2021 as it must retain new counsel if it intends to continue to litigate this matter. See 22 United States v. High Country Broad., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam); In re Am. 23 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 June 23, 2021 is sufficient to comply with the Court’s order. Failure to 26 respond may result in a recommendation to the United States District Judge assigned to this case 27 that dispositive sanctions be issued against Defendant/Third-Party Plaintiff Liberty Duct, LLC, 1 IT IS HEREBY ORDERED that Counsel Eileen Mulligan Marks’ Motion to Withdraw as 2 Counsel of Record (ECF No. 123) is granted. 3 IT IS FURTHER ORDERED that Defendant/Third-Party Plaintiff Liberty Duct, LLC 4 shall have until June 23, 2021 to advise the Court if it will retain new counsel. Failure to notify 5 the Court as to their new representation may subject it to dispositive sanctions, including a 6 recommendation for dismissal of this action. 7 IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known address 8 of Defendant/Third-Party Plaintiff to the civil docket and send a copy of this Order to 9 Defendant/Third-Party Plaintiff’s last known address: 10 Liberty Duct, LLC 11 c/o Mr. Paul Wulfenstein 12 4031 Industrial Center Drive Suite 705 13 North Las Vegas, NV 89030 14 15 DATED: May 26, 2021 16 DANIEL J. ALBREGTS 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27