REFERRAL TO STATE BAR OF NEVADA

NANCY J. KOPPE, Magistrate Judge.

Pursuant to Canon 3(B)(5) of the Code of Conduct for United States Judges, "[a] judge should take appropriate action upon learning of reliable evidence indicating the likelihood that . .. a lawyer violated applicable rules of professional conduct." The unauthorized practice of law and the aiding of another's unauthorized practice of law violate Nevada's ethical rules, and such conduct may lead to disciplinary proceedings and other adverse consequences. See, e.g., In re Discipline of Lerner, 197 P.3d 1067 (Nev. 2008) (en banc) (publicly reprimanding Nevada attorney for assisting in an Arizona-based attorney's unauthorized practice of law).

This District has established two primary methods for a person to be authorized to practice law here. First, that person may apply to be admitted to the bar of this Court. Local Rule IA 11-1(a)(1). This process requires, inter alia, that the applicant is admitted to practice before the Supreme Court of Nevada and remains in good standing therewith. Id. Second, that person may apply to be admitted to practice in a particular case pending in this Court. Local Rule IA 11-2(a). This process requires, inter alia, the payment of a fee, Local Rule IA 11-2(b), and the absence of regular practice in this Court by the applicant, Local Rule IA 11-2(h).

The record in this case appears to show that attorney Steven Rosales may be practicing law in Nevada—and within this Court, in particular—without permission to do so. Mr. Rosales is responsible for the briefing in this case. Docket No. 23 at 3. Mr. Rosales has been communicating with opposing counsel about this case. See Docket No. 17 (certifying that Mr. Rosales conferred with opposing counsel regarding settlement, use of alternative dispute resolution, and consenting to a magistrate judge). It further appears that Mr. Rosales has been preparing other filings, such as the request to extend time. See Docket No. 23 at 3 ("Counsel Safa has instructed and explained to Counsel Rosales that the stipulation for time filed in this matter was inadequate").1

While Mr. Rosales has engaged in the above conduct, it is Cyrus Safa who is the attorney admitted to practice in Nevada and in this Court specifically. See id. at 1.2 It appears Mr. Safa's role is to ensure deadlines are met, and to sign the documents that Mr. Rosales has written. See id. at 2. Mr. Safa represents that he also "review[s]" the filings. Id.3

Given the circumstances, the Court has serious concerns that Mr. Rosales may be engaged in the unauthorized practice of law and that Mr. Safa is assisting in any such unauthorized practice of law. Accordingly, the Court REFERS this matter for further investigation and potential disciplinary proceedings to the Nevada State Bar. The Clerk's Office is INSTRUCTED to provide a copy of this order, as well as Docket Nos. 4, 15, 17, 18, 19, 20, and 23, to:

IT IS SO ORDERED.