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SMC Construction Co. v. Rex Moore Group, Inc., 3:17-cv-00470-MMD-VPC. (2018)

Court: District Court, D. Nevada Number: infdco20180228974 Visitors: 11
Filed: Feb. 15, 2018
Latest Update: Feb. 15, 2018
Summary: EX PARTE MOTION TO WITHDRAW AS CO-COUNSEL OF RECORD AND REMOVE NAME FROM CM/ECF SERVICE LIST AND MASTER MAILING MATRIX VALERIE P. COOKE , Magistrate Judge . Scott L. Hernandez, Esq. formerly affiliated with the law firm of Robison, Sharp, Sullivan & Brust, the undersigned, respectfully submits this Ex Parte Motion to Withdraw as Co-Counsel of Record and Remove Name from CM/ECF Service List and Master Mailing Matrix requesting an entry of an order of this Court, in the form attached hereto a
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EX PARTE MOTION TO WITHDRAW AS CO-COUNSEL OF RECORD AND REMOVE NAME FROM CM/ECF SERVICE LIST AND MASTER MAILING MATRIX

Scott L. Hernandez, Esq. formerly affiliated with the law firm of Robison, Sharp, Sullivan & Brust, the undersigned, respectfully submits this Ex Parte Motion to Withdraw as Co-Counsel of Record and Remove Name from CM/ECF Service List and Master Mailing Matrix requesting an entry of an order of this Court, in the form attached hereto as Exhibit 1, which permits (1) his withdrawal as co-counsel of record on behalf of Plaintiff/Counter-Defendant, SMC Construction Co.; and (2) removes his name from the CM/ECF service list and master mailing matrix in the above-captioned case.

Mr. Hernandez has previously appeared in this case as co-counsel of record on behalf of Plaintiff/Counter-Defendant, SMC Construction Co., when he was affiliated with Robison, Sharp, Sullivan & Brust. As of February 14, 2018, Mr. Hernandez accepted an employment position outside of the law firm of Robison, Sharp, Sullivan & Brust and therefore must remove himself from this case.

To correct the record, Mr. Hernandez respectfully requests that the Court enter an order, in the form attached as Exhibit 1, which permits (1) his withdrawal as co-counsel of record on behalf of Plaintiff/Counter-Defendant, SMC Construction Co.; and (2) removes his name from the CM/ECF service list and master mailing matrix in this case.

IT IS SO ORDERED.

EXHIBIT 1

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SMC CONSTRUCTION CO., a Nevada CASE NO.: 3:17-cv-00470-MMD-VPC corporation, Plaintiff, ORDER GRANTING EX PARTE vs. MOTION TO WITHDRAW AS REX MOORE GROUP, INC., a California CO-COUNSEL OF vs. RECORD AND REMOVE NAME corporation (designated a Nevada corporation in FROM CM/ECF SERVICE LIST error); and DOES 1-5, inclusive, AND MASTER MAILING MATRIX Defendants. No Hearing Required REX MOORE GROUP, INC., a California corporation, Counterclaimant, vs. SMC CONSTRUCTION CO., a Nevada corporation; and EDGEWOOD COMPANIES, a Nevada corporation, Counter-Defendants.

The Court having reviewed the Ex Parte Motion to Withdraw as Co-Counsel of Record and Remove Name from CM/ECF Service List and Master Mailing Matrix filed by Scott L. Hernandez, and good cause appearing

IT IS HEREBY ORDERED that Scott L. Hernandez, Esq., is permitted to withdraw as co-counsel of record on behalf of Plaintiff/Counter-Defendant, SMC Construction Co.; and

IT IS FURTHER ORDERED that the Clerk will remove Scott L. Hernandez's name from the CM/ECF service list and master mailing matrix in the above-captioned case.

DATED this ____ day of ______, 2018. Submitted by: ROBISON, SHARP, SULLIVAN & BRUST A Professional Corporation 71 Washington Street Reno, Nevada 89503 By: /s/ Scott L. Hernandez KENT R. ROBISON, ESQ. — NSB #1167 SCOTT L. HERNANDEZ, ESQ. — NSB #13147 Attorneys for Plaintiff and Counter-Defendant SMC Construction Co.

CERTIFICATE OF SERVICE

Pursuant to FRCP 5(b), I certify that I am an employee of ROBISON, SHARP, SULLIVAN & BRUST, and that on this date I caused a true copy of the EX PARTE MOTION TO WITHDRAW AS CO-COUNSEL OF RECORD AND REMOVE NAME FROM CM/ECF SERVICE LIST AND MASTER MAILING MATRIX to be served on all parties to this action by:

placing an original or true copy thereof in a sealed, postage prepaid envelope, in the United States mail at Reno, Nevada, addressed to: John E. Bragonje, Esq. Lewis Roca Rothgerber Christie LLP One East Liberty Street, Suite 300 Reno, NV 89501-1922 Email: jbragonje@lrrc.com Attorneys for Defendant/Counterclaimant Rex Moore Group, Inc. Patrick T. Markham, Esq. Jacobson Markham LLP 8950 Cal Center Drive, Suite 210 Sacramento, CA 95826 Email: ptmarkham@jacobsonmarkham.com Attorneys for Defendant/Counterclaimant Rex Moore Group, Inc. Gordon H. DePaoli, Esq. Woodburn and Wedge 6100 Neil Road, Suite 500 Reno, Nevada 89511 Email: gdepaoli@woodburnandwedge.com Attorneys for Counterdefendant Edgewood Companies Andrew L. Collier, Esq. Avalon J. Fitzgerald, Esq. William R. Warne, Esq. Downey Brand LLP 621 Capitol Mall, 18th Floor Sacramento, CA 95814 Email: acollier@downeybrand.com afitzgerald@downeybrand.com bwarne@downeybrand.com Attorneys for Counterdefendant Edgewood Companies personal delivery/hand delivery to: emailing an attached Adobe Acrobat PDF version of the document to the email addresses below/facsimile (fax) and/or E-Filing pursuant to Section IV of the District of Nevada Electronic Filing Procedures John E. Bragonje, Esq. Lewis Roca Rothgerber Christie LLP Email: jbragonje@Irrc.com Attorneys for Defendant/Counterclaimant Rex Moore Group, Inc. Patrick T. Markham, Esq. Jacobson Markham LLP Email: ptmarkham@jacobsonmarkham.com Attorneys for Defendant/Counterclaimant Rex Moore Group, Inc. Gordon H. DePaoli, Esq. Woodbum and Wedge Email: gdePaoli@woodburnandwedge.com Attorneys for Counterdefendant Edgewood Companies Andrew L. Collier, Esq. Downey Brand LLP Email: acollier@downeybrand.com Attorneys for Counterdefendant Edgewood Companies Avalon J. Fitzgerald, Esq. Downey Brand LLP Email: afitzgerald@downeybrand.com Attorneys for Counterdefendant Edgewood Companies William R. Warne, Esq. Downey Brand LLP Email: bwame@downeybrand.com Attorneys for Counterdefendant Edgewood Companies Federal Express/UPS or other overnight delivery DATED this 14th day of February, 2018. V. Jayne Ferrette Employee of Robison, Sharp, Sullivan & Brust
Source:  Leagle

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