United States District Court, D. Nevada
ROCA ROTHGERBER CHRISTIE LLP W. Fountain Michael J. McCue
Jonathan W. Fountain 3993 Attorneys for Plaintiff MGM Resorts
JONATHAN W. FOUNTAIN'S MOTIONTO WITHDRAW AS
COUNSEL FOR PLAINTIFF MGM RESORTS INTERNATIONAL
to District of Nevada Local Rule LR IA 11-6(b) and Rule 1.16
of the Nevada Rules of Professional Conduct, I, Jonathan W.
Fountain, hereby move the Court for entry of an order: (1)
granting leave for me to withdraw from representing Plaintiff
MGM Resorts International (“MGM Resorts”); and
(2) directing the Clerk of the Court to remove me from the
CM/ECF service list for this case.
cybersquatting and trademark infringement action was filed on
March 9, 2017. (ECF No. 1, Compl.) The Defendant's
default was entered on July 17, 2017 (ECF No. 21, Default),
and on July 21, 2017, MGM Resorts moved for default judgment
and other relief (ECF No. 22, Mot. for Default J.). The
motion is pending. On July 25, 2017, the undersigned informed
Lewis Roca Rothgerber Christie LLP of his resignation from
further employment with the firm.
of Nevada Local Rule LR IA 11-6 governs attorney appearances,
substitutions, and withdrawals. It states the following:
IA 11-6. APPEARANCES, SUBSTITUTIONS, AND WITHDRAWALS
(a) A party who has appeared by attorney cannot while so
represented appear or act in the case. This means that once
an attorney makes an appearance on behalf of a party, that
party may not personally file a document with the court; all
filings must thereafter be made by the attorney. An attorney
who has appeared for a party must be recognized by the court
and all the parties as having control of the client's
case, however, the court may hear a party in open court even
though the party is represented by an attorney.
(b) No attorney may withdraw after appearing in a case except
by leave of the court after notice has been served on the
affected client and opposing counsel.
(c) A stipulation to substitute attorneys must be signed by
the attorneys and the represented client and be approved by
the court. Except where accompanied by a request for relief
under subsection (e) of this rule, the attorney's
signature on a stipulation to substitute the attorney into a
case constitutes an express acceptance of all dates then set
for pretrial proceedings, trial, or hearings, by the
discovery plan or any court order.
(d) Discharge, withdrawal, or substitution of an attorney
will not alone be reason for delay of pretrial proceedings,
discovery, the trial, or any hearing in the case.
(e) Except for good cause shown, no withdrawal or
substitution will be approved if it will result in delay of
discovery, the trial, or any hearing in the case. Where delay
would result, the papers seeking leave of the court for the
withdrawal or substitution must request specific relief from
the scheduled discovery, trial, or hearing. If a trial
setting has been made, an additional copy of the moving
papers must be provided to the clerk for immediate delivery
to the assigned district judge, bankruptcy judge, or
addition, Rule 1.16 of the Nevada Rules of Professional
Conduct governs the termination of representation. It states
(a) Except as stated in paragraph (c), a lawyer shall not
represent a client or, where representation has commenced,
shall withdraw from ...