Kelly v. Cuomo

Opinion

1 ERIKA PIKE TURNER 2 Nevada Bar No. 6454 Email: eturner@gtg.legal 3 7251 Amigo Street, Suite 210 Las Vegas, Nevada 89119 4 Tel: (725) 777-3000 Fax: (725) 777-3112 5 Attorneys for Defendant, Jody Marie Cuomo and Non-Party, Frank P. Silver, MD 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 GREGORY KELLY, an individual; Case No. 2:18-CV-00923-JAD-MDC 9 Plaintiff, 10 MOTION TO WITHDRAW AS 11 v . COUNSEL OF RECORD

JODY MARIE CUOMO, an individual; 12 Defendant. 13 14 Pursuant to Local Rule LR IA 11-6(b), the law firm of GARMAN TURNER GORDON 15 LLP (“GTG”), counsel for Defendant, Jody Marie Cuomo (“Ms. Cuomo”), hereby re-submits its 16 Motion to Withdraw as Counsel for Ms. Cuomo (“Motion”). This Motion is made and based upon 17 the following Memorandum of Points and Authorities, the Declaration of Erika Pike Turner, Esq., 18 attached hereto as Exhibit A, the papers and pleadings in this case, and any oral argument that 19 may be heard by this Court. 20 MEMORANDUM OF POINTS AND AUTHORITIES 21 There are four (4) factors the court will consider when ruling on the Motion: 22 1) the reasons why withdrawal is sought; 23 2) the prejudice withdrawal may cause to other litigants; 24 3) the harm withdrawal might cause to the administration of justice; and 25 4) the degree to which withdrawal will delay the resolution of the case. 26 Castillo v. W. Range Ass’n, No. 3:16-cv-00237-RCJ-CLB, 2024 U.S. Dist. LEXIS 60553, at *5 27 (D.Nev. Mar. 29, 2024). 28 As demonstrated by the attached declaration of counsel, good cause exists for this court to 1 2 1) The reasons why withdrawal is sought: Withdrawal is sought because Plaintiff Gregory 3 Kelly (“Mr. Kelly”) has so multiplied the proceedings in recent years, Ms. Cuomo can 4 no longer afford to pay for GTG’s services. 5 2) The prejudice withdrawal may cause to Mr. Kelly, the harm withdrawal may cause to 6 the administration of justice and the degree to which withdrawal will delay the 7 resolution of the case: There are no pending hearings or trial. Pursuant to the court’s 8 order [ECF No. 145] compelling the production of certain additional information from 9 Ms. Cuomo, on June 9, 2025, a supplemental production was made to Mr. Kelly. A 10 notice of compliance with the court’s order was filed on June 9, 2025 [ECF No. 146]. 11 There are consequently no outstanding discovery requests or disputes. 12 Based on the foregoing, withdrawal under the circumstances is justified, and, pursuant to 13 LR IA 11-6(b), GTG respectfully requests that this Court grant its Motion to Withdraw as Counsel 14 for Ms. Cuomo. 15 Dated this 9th day of June, 2025. 16 GARMAN TURNER GORDON LLP 17 /s/ Erika Pike Turner ERIKA PIKE TURNER 18 Nevada Bar No. 6454 7251 Amigo Street, Suite 210 19 Las Vegas, NV 89119 Attorneys for Defendant, Jody Marie Cuomo 20 and Non-Party, Frank P. Silver, MD 21 IT IS SO ORDERED. The 22 Motion is granted. 23 24 ___________________________ 25 Hon. Maximiliano D. Couvillier III United States Magistrate Judge 26 Dated: 6-27-25 27 28 1 2 The undersigned, an employee of Garman Turner Gordon LLP, hereby certifies that on the 3 9th day of June 2025, he caused a copy of the foregoing MOTION TO WITHDRAW AS 4 COUNSEL OF RECORD, to be served electronically to all parties of interest through the Court's 5 CM/ECF system as follows: 6 Gregory Kelly 3915 W. Davis St. Ste. 130, #135 7 Conroe, TX 77304 Email: gkcollects@gmail.com 8 Plaintiff In Proper Person 9

10 A copy is also being sent via U.S. mail, certified mail and email to Ms. Cuomo’s last known 11 address and email address: 12 Jody Cuomo 201 Rosemary Lane 13 Las Vegas, NV 89107 Email: Jodicuomo07@yahoo.com 14

15 16 17 /s/ Max Erwin An employee of 18 GARMAN TURNER GORDON LLP