MOTION TO WITHDRAW AS ATTORNEY OF RECORD

GEORGE W. FOLEY, Jr., Magistrate Judge.

COME NOW, the undersigned counsel, GLENN H. TRUITT, ESQ., and TRUITT AND ASSOCIATES D/B/A HALF PRICE LAWYERS ("HPL") and collectively known as ("Counsel") and moves this Honorable Court for an order permitting withdrawal as Counsel for the Plaintiff, DAVID BRIGHAM YOUNG, (hereinafter, the "Plaintiff") in the above captioned matter, pursuant to the Nevada Rules of Professional Conduct ("N.R.P.C.") 1.16.

This Motion is made and based upon the Memorandum of Points and Authorities and the Declaration of Glenn H. Truitt, Esq. attached hereto, and such argument and evidence as may be presented at the hearing on this motion, should any hearing occur.

NOTICE OF MOTION

TO: All Interested Parties; and

TO: All Counsel of Record

PLEASE TAKE NOTICE that Glenn H. Truitt, Esq. of the law firm, Ideal Business Partners will bring the foregoing MOTION TO WITHDRAW AS COUNSEL on for decision on the _____ day of _______________, 2016 at _______ P.M./A.M., in Department ___ of the above-entitled Court.

AFFIDAVIT OF GLENN H. TRUITT, ESQ. IN SUPPORT OF MOTION TO WITHDRAW

I, Glenn H. Truitt, Esq., affirm in support of this Motion to Withdraw as Attorney of Record in the above-captioned case DAVID BRIGHAM YOUNG, Case No. 2:12-cv-00091-RFB-GWF:

I declare under penalty of perjury of the laws of the State of Nevada that the foregoing is true and correct.

POINTS AND AUTHORITIES

As set forth in the Declaration of Glenn H. Truitt, Esq., notice of Glenn H. Truitt, Esq.'s, and Half Price Lawyers, Motion to Withdraw was sent to all parties, including Plaintiff's counsel, on February 25th, 2016. Glenn H. Truitt, Esq. and Half Price Lawyers have good cause to withdraw as counsel under the Nevada Rules of Professional Conduct ("NRPC") 1.16, which provides, in pertinent part, a lawyer may withdraw from representation where:

See NRPC 1.16(b).

Here, as determined in the Declaration of Glenn H. Truitt, Esq., the attendant facts and the Points and Authorities, Truitt & Associates d/b/a Half Price Lawyers is no longer in business and no longer functioning or in existence as a law firm. Glenn H. Truitt is no longer functioning in his capacity as principal of Truitt & Associates d/b/a Half Price Lawyers. Currently, due to Mr. Truitt's bankruptcy and due to the termination of Half Price Lawyer's operations. Mr. Truitt does not have the financial capacity or specialized legal skill to engage in the particular kind of prosecution or representation which is the subject matter of Plaintiff's particular matter.

Thus, to continue representing the Plaintiff in the above-captioned case as attorney of record would result in undue hardship to Mr. Truitt, HPL, and Plaintiff, as Counsel does not possess the financial capacity or specialized skill without the existence of HPL to adequately represent Plaintiff.

Finally, Mr. Truitt & HPL's withdrawal can be accomplished without adverse effect on the interests of the client because withdrawal will not delay proceedings in this matter as there are no timelines pending in the action and Mr. Truitt has not been directly involved in Plaintiff's representation since the termination of HPL's operations. Accordingly, there is no action for Counsel to take in the matter, and Counsel's withdrawal from the case will not have a materially adverse effect on Plaintiffs' interests, and will not prejudice any of the parties to the action. Therefore, good cause exists and Glenn H. Truitt, Esq.'s withdrawal should be granted.

CONCLUSION

It is respectfully requested that this Court enter an order approving Glenn H. Truitt, Esq.'s withdrawal as attorney of record for the Plaintiff.

IT IS SO ORDERED.