United States District Court, D. Nevada
MGM RESORTS INTERNATIONAL, a Delaware corporation; MIRAGE RESORTS, INCORPORATED, a Nevada corporation; and MANDALAY RESORT GROUP, a Nevada corporation, Plaintiffs,
JOHN DOES 1-10, Defendants.
ROCA ROTHGERBER CHRISTIE LLP Michael J. McCue Jonathan W.
Fountain Zachary T. Gordon 3993 Attorneys for Plaintiffs MGM
Resorts International, Mirage Resorts, Incorporated, and
Mandalay Resorts Group
JONATHAN W. FOUNTAIN'S MOTION TO WITHDRAW AS
COUNSEL FOR PLAINTIFFS
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
Plaintiffs MGM Resorts International, Mirage Resorts,
Incorporated, and Mandalay Resort Group (together “MGM
Resorts”); and (2) directing the Clerk of the Court to
remove me from the CM/ECF service list for this case.
trademark infringement action was filed on April 20, 2017.
(ECF No. 1, Compl.) On June 27, 2017, Plaintiffs moved the
court for leave to serve subpoenas to identify the presently
unknown defendants. (ECF No. 5, Mot. for Leave to Serve
Subpoenas.) 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 ...