Filed: Jul. 12, 2017
Latest Update: Jul. 12, 2017
Summary: MOTION FOR LEAVE TO WITHDRAW AS COUNSEL NANCY J. KOPPE , Magistrate Judge . John P. Aldrich, Esq., and the Aldrich Law Firm, Ltd., hereby moves for leave of Court to withdraw as co-counsel for Plaintiff RICHARD TATE, as Special Administrator for the Estate of JAMES S. TATE, JR., M.D. This pleading is based on the accompanying Points and Authorities, the Declaration, and the papers and pleadings already on file in this matter. POINTS AND AUTHORITIES Counsel moves to withdraw as co-counse
Summary: MOTION FOR LEAVE TO WITHDRAW AS COUNSEL NANCY J. KOPPE , Magistrate Judge . John P. Aldrich, Esq., and the Aldrich Law Firm, Ltd., hereby moves for leave of Court to withdraw as co-counsel for Plaintiff RICHARD TATE, as Special Administrator for the Estate of JAMES S. TATE, JR., M.D. This pleading is based on the accompanying Points and Authorities, the Declaration, and the papers and pleadings already on file in this matter. POINTS AND AUTHORITIES Counsel moves to withdraw as co-counsel..
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MOTION FOR LEAVE TO WITHDRAW AS COUNSEL
NANCY J. KOPPE, Magistrate Judge.
John P. Aldrich, Esq., and the Aldrich Law Firm, Ltd., hereby moves for leave of Court to withdraw as co-counsel for Plaintiff RICHARD TATE, as Special Administrator for the Estate of JAMES S. TATE, JR., M.D. This pleading is based on the accompanying Points and Authorities, the Declaration, and the papers and pleadings already on file in this matter.
POINTS AND AUTHORITIES
Counsel moves to withdraw as co-counsel of record for Plaintiff RICHARD TATE, as Special Administrator for the Estate of JAMES S. TATE, JR., M.D. Counsel cannot withdraw without leave of court. See United States District Court, Rules of Practice, Local Rule IA 10-6(b), as amended effective May 1, 2016.
Nevada Rule of Professional Conduct 1.16(b) provides in relevant part as follows:
(b) Except as stated in subsection 3, a lawyer may withdraw from representing a client if:
(1) Withdrawal can be accomplished without material adverse effect on the interests of the client;
. . . or
(7) Other good cause for withdrawal exists.
As shown by the Declaration of John P. Aldrich, Esq., filed in support of this Motion to Withdraw as Attorney of Record, withdrawal is appropriate. The trial has concluded and the matter has been appealed. Mr. Aldrich is not representing Plaintiff on the appeal. There has been some subsequent motion practice related to the appeal, to which Mr. Hafter has responded.
If this motion is granted, Plaintiff will still be represented by Jacob Hafter, Esq., who is local in Nevada. Accordingly, Mr. Hafter remains the attorney of record for Plaintiff. As such, my withdrawal can be accomplished without material adverse effect on the interests of the client.
IT IS SO ORDERED.
DECLARATION OF JOHN P. ALDRICH, ESQ.
STATE OF NEVADA )
) ss:
COUNTY OF CLARK )
I, John P. Aldrich, declare under penalty of perjury that:
1. I am licensed to practice law in the State of Nevada. I have served as co-counsel of record for Plaintiff RICHARD TATE, as Special Administrator for the Estate of JAMES S. TATE, JR., M.D.
2. The trial has concluded and the matter has been appealed. I am not representing Plaintiff on the appeal. There has been some subsequent motion practice related to the appeal, to which Mr. Hafter has responded.
2. Plaintiff is still represented by Jacob Hafter, Esq., who is local in Nevada. Accordingly, Mr. Hafter remains the attorney of record for Plaintiff. As such, my withdrawal can be accomplished without material adverse effect on the interests of the client.
3. The facts stated in the Motion for Leave to Withdraw as Attorney are true and accurate to the best of my knowledge.
