Krogstad v. Nationwide Biweekly Administration, Inc.

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 DEAN KROGSTAD, Case No. 2:16-cv-00465-APG-DJA 6 Plaintiff, 7 ORDER v. 8 NATIONWIDE BIWEEKLY 9 ADMINISTRATION, INC., LOAN PAYMENT ADMINISTRATION LLC and 10 DANIEL LIPSKY,

11 Defendants.

12 13 This matter is before the Court on Defense Counsel Carol Davis Zucker’s Motion to 14 Withdraw (ECF No. 156), filed on August 15, 2020. Pursuant to Local Rule (“LR”) IA 11-6, 15 “[n]o attorney may withdraw after appearing in a case except by leave of Court after notice has 16 been served on the affected client and opposing counsel.” See LR IA 11-6(b). Having reviewed 17 the motion, the Court finds that requirements of LR IA 11-6(b) have been met. Ms. Zucker 18 indicates that she was retained for limited legal services and that the limited services have been 19 completed given the Court’s recent ruling. The Court will require that Defendant Daniel Lipsky 20 notify the Court by September 16, 2020 as to his intent to proceed pro se or with other 21 representation. Failure to do so may result in dispositive sanctions 22 Further, the Court will require that Defendants Nationwide Biweekly Administration, Inc. 23 and Loan Payment Administration LLC advise the Court if it will retain new counsel by 24 September 16, 2020 as it must retain new counsel if it intends to continue to litigate this matter. 25 See United States v. High Country Broad., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam); In re 26 Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (stating that “[c]orporations and other 27 unincorporated associations must appear in court through an attorney.”). Filing a notice of new 1 to respond may result in a recommendation to the United States District Judge assigned to this 2 case that dispositive sanctions be issued against Defendants Nationwide Biweekly 3 Administration, Inc. and Loan Payment Administration LLC, including dismissal of this action. 4 IT IS HEREBY ORDERED that Defense Counsel Carol Davis Zucker’s Motion to 5 Withdraw (ECF No. 156) is GRANTED. 6 IT IS FURTHER ORDERED that Defendant Daniel Lipsky shall notify the Court as to 7 whether he intends to proceed pro se or retain counsel by September 16, 2020. Failure to notify 8 the Court as to his representation status may subject him to dispositive sanctions, including a 9 recommendation for dismissal of this action. 10 IT IS FURTHER ORDERED that Defendant Nationwide Biweekly Administration, Inc. 11 shall have until September 16, 2020 to advise the Court if it will retain new counsel. Failure to 12 notify the Court as to their new representation may subject it to dispositive sanctions, including a 13 recommendation for dismissal of this action. 14 IT IS FURTHER ORDERED that Defendant Loan Payment Administration LLC shall 15 have until September 16, 2020 to advise the Court if it will retain new counsel. Failure to notify 16 the Court as to their new representation may subject it to dispositive sanctions, including a 17 recommendation for dismissal of this action 18 IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known 19 addresses of Defendants to the civil docket and send a copy of this Order to Defendant’s last 20 known address: 21 Daniel Lipsky 22 8234 Voltaire Court 23 Waynesville, Ohio 45068 24 (937) 673-0730 25 26 / / / 27 / / / 1 Nationwide Biweekly Administration, Inc. 2 c/o Daniel Lipsky, Registered Agent 3 8234 Voltaire Court 4 Waynesville, Ohio 45068 5 (937) 673-0730 6 7 Loan Payment Administration LLC 8 c/o Daniel Lipsky, Registered Agent 9 8234 Voltaire Court 10 Waynesville, Ohio 45068 11 (937) 673-0730 12 13 DATED: August 18, 2020 14 DANIEL J. ALBREGTS 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27