United States District Court, D. Nevada
Christopher Austin, Esq. Ryan Gile, Esq., WEIDE & MILLER,
LTD., Samuel Castor, Esq., SWITCH, LTD., Attorneys for
Plaintiff Switch, Ltd.
RYAN GILE'S MOTION TO WITHDRAW AS COUNSEL OF
RECORD FOR PLAINTIFF
to District of Nevada Local Rule LR IA 11-6(b) and Rule 1.16
of the Nevada Rules of Professional Conduct, I, Ryan Gile,
hereby move the Court for entry of an order granting leave
for me to withdraw from representing Plaintiff Switch, Ltd.
in this litigation.
March 29, 2018, the undersigned informed Weide & Miller,
Ltd. of his resignation from further employment with the
firm. Both F. Christopher Austin, also with the law firm
Weide & Miller, Ltd., as well as Samuel Castor with
Switch, Ltd., will remain counsel of record for Plaintiff
Switch, Ltd in this proceeding.
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
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.
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.
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.
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.
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.
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 the representation of a client if:
(1) The representation will result in violation of ...