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MGM Resorts International v. Does

United States District Court, D. Nevada

July 28, 2017

MGM RESORTS INTERNATIONAL, a Delaware corporation; MIRAGE RESORTS, INCORPORATED, a Nevada corporation; and MANDALAY RESORT GROUP, a Nevada corporation, Plaintiffs,
v.
JOHN DOES 1-10, Defendants.

          LEWIS 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

         Pursuant 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.

         STATEMENT OF FACTS

         This 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.

         LEGAL STANDARDS

         District of Nevada Local Rule LR IA 11-6 governs attorney appearances, substitutions, and withdrawals. It states the following:

         LR 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 magistrate judge.

         In addition, Rule 1.16 of the Nevada Rules of Professional Conduct governs the termination of representation. It states the following:

(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from ...

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