MOTION TO WITHDRAW AS CO-COUNSEL OF RECORD

PEGGY A. LEEN, Magistrate Judge.

Aaron Heaton, co-counsel, on behalf of Plaintiff Benita Klaizner ("Plaintiff"), hereby requests to withdraw as co-counsel for Plaintiff in the above-entitled matter, and allow Todd L. Moody and Richard L. Wade of Hutchison & Steffen to proceed as counsel for the Plaintiff.

Aaron Heaton further requests an order from the Court to be removed from the United States District Court for the District of Nevada's CM-ECF service list for Case No. 2:16-CV-01801-APG-PAL.

Based upon the Motion to Withdraw (ECF No. 26), and the Errata (27) containing the signed affidavit of Aaron Heaton,

IT IS SO ORDERED.

AFFIDAVIT OF AARON HEATON

AARON HEATON, being first duly sworn, deposes and says:

I.

That affiant is principal partner of the law firm of Heaton & Associates, and that said law firm and affiant were retained by Plaintiff, Benita Klaizner to represent her regarding a claim stemming from personal injuries sustained at the Cheesecake Factory in Las Vegas, Nevada, February 14, 2014.

II.

The claim could not be resolved, therefore, litigation was initiated in the Eighth Judicial District Court, District of Nevada on February 8, 2016. (Case No. A-16-731472-C.)

III.

Defendant, Cheesecake Factory filed a Notice of Removal, moving the case from Clark County District Court ("State Court") to U.S. District Court, District of Nevada ("Federal Court") on July 28, 2016, based upon diversity of citizenship (ECF 2).

IV.

A mutual decision was made by affiant and Plaintiff to associate the law firm of Hutchison & Steffen to litigate this matter on behalf of Plaintiff, based upon Hutchison & Steffen's litigation experience in Federal Court (ECF 10).

V.

I have not applied for admission to practice in Federal Court pursuant to LR IA 11-1, nor do I wish to do so at this time.

VI.

That your affiant respectfully requests that this Honorable Court issue an Order allowing affiant and affiant's law firm, Heaton & Associates, to withdraw as co-counsel of record for the above-named Plaintiff, and further requests that Aaron Heaton and Heaton & Associates be removed from the service list for Case No. 2:16-CV-01801-APG-PAL.

VII.

Representation for Plaintiff will continue by and through Todd L. Moody and Richard L. Wade of Hutchison & Steffen, which affiant knows to be currently doing business at: 10080 W. Alta Drive, Suite 200, Las Vegas, NV 89145, (702) 385-2500.