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U.S. v. Board of Directors of the Truckee-Carson Irrigation District, CV-N-95-757-RCJ. (2018)

Court: District Court, D. Nevada Number: infdco20180925f33
Filed: Sep. 24, 2018
Latest Update: Sep. 24, 2018
Summary: MOTION AND PROPOSED ORDER TO WITHDRAW MIRANDA M. DU , District Judge . Pursuant to Local Rule IA 11-6, Joshua Osborne-Klein, who has appeared in this case on behalf of intervenor Fallon Paiute-Shoshone Tribe (FPST), respectfully moves the Court for an order permitting him to withdraw as counsel for FPST in the above-captioned matter. This Motion is made and based upon the Memorandum of Points and Authorities submitted herein and the Declaration of Joshua Osborne-Klein attached hereto. MEM
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MOTION AND PROPOSED ORDER TO WITHDRAW

Pursuant to Local Rule IA 11-6, Joshua Osborne-Klein, who has appeared in this case on behalf of intervenor Fallon Paiute-Shoshone Tribe (FPST), respectfully moves the Court for an order permitting him to withdraw as counsel for FPST in the above-captioned matter.

This Motion is made and based upon the Memorandum of Points and Authorities submitted herein and the Declaration of Joshua Osborne-Klein attached hereto.

MEMORANDUM OF POINTS AND AUTHORITIES

Mr. Osborne-Klein will be taking a hiatus from the practice of law, effective September 1, 2018, and accordingly seeks leave to withdraw from this case.

The Local Rule IA 11-6 (b) provides that "[n]o attorney may withdraw after appearing in a case except by leave of the court after notice served on the affected client and opposing counsel." Mr. Osborne-Klein has provided FPST with notice of his intent to withdraw from this case. Additionally, all other counsel in this case will receive notice of this Motion to Withdraw as described in the certificate of service attached herein.

Local Rule IA 11-6 (e) also provides that "no withdrawal . . . will be approved if it will result in delay of discovery, the trial, or any hearing in the case." Here, no delay of any kind will result from Mr. Osborne-Klein's withdrawal because FPST will continue to be represented in this matter by Mr. Osborne-Klein's colleague, Marc Slonim, who previously appeared before this Court on behalf of FPST and has full knowledge of the issues in this case. FPST will also continue to be represented by its local counsel of record, Gordon DePaoli.

Accordingly, Mr. Osborne-Klein's withdrawal will not prejudice either party or delay any proceeding in this matter.

CONCLUSION

For the reasons set forth above, Mr. Osborne-Klein respectfully moves this Court enter an Order approving the withdrawal of Mr. Osborne-Klein as a representing attorney for FPST in the above-captioned case.

IT IS SO ORDERED.

Source:  Leagle

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