United States District Court, D. Nevada
U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE SECURITIES CORP., ADJUSTABLE RATE MORTGAGE TRUST 2005-8, ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERICES 2005-8, Plaintiff,
COUNTRYSIDE HOMEOWNERS ASSOCIATION; KK REAL ESTATE INVESTMENT FUND, LLC; DOE INDIVIDUALS I-X, inclusive; and ROE CORPORATIONS I-X, inclusive, Defendants. AND ALL RELATED CLAIMS.
A. AYON, ESQ.AYON LAW, PLLC Attorneys for
Defendant/Counter-Claimant, KK Real Estate Investment Fund,
MOTION TO WITHDRAW AS COUNSEL FOR
DEFENDANT/COUNTER-CLAIMANT KK REAL ESTATE INVESTMENT FUND,
LLC AND REQUEST TO BE REMOVED FROM ECF SERVICE LIST
J. ALBREGLS UNITED STATES MAGISTRATE JUDGE
NOW, Luis A. Ayon, Esq. of the law firm of Ayon Law, PLLC
(hereinafter referred to as “Counsel”), counsel
of record for Defendant/Counter-Claimant, KK Real Estate
Investment Fund, LLC (hereinafter referred to as
“Defendant” or “KK Real Estate”), and
pursuant to LR IA 11-6 and SCR 46, counsel hereby moves this
Court for an Order Granting Counsel's Motion to Withdraw
as Counsel of Record for Defendant, with regard to the
Motion is made and based upon the following memorandum of
points and authorities, the papers and pleadings on file
herein, as well as the Declaration of Luis A. Ayon, Esq., in
support of the Motion to Withdraw as counsel attached hereto.
OF POINTS AND AUTHORITIES
matter arose out of a Complaint [ECF No. 1] filed by
Plaintiff, U.S. Bank, National Association, as Trustee for
The Holders of The CSFB Mortgage Securities Corp., Adjustable
Rate Mortgage Trust 2005-8, Adjustable Rate Mortgage-Backed
Pass-Through Certificates, Series 2005-8 (hereinafter
referred to as “Plaintiff” or “U.S.
Bank”), in the United States District Court, District
of Nevada bearing No. 2:15-cv-1463-RCJ-DJA, on or about July
31, 2015, alleging damages against Defendant, KK Real Estate,
with regard to the property located at 8543 Ebony Hills Way,
Las Vegas, Nevada 89123. On or about September 17, 2015,
Defendant filed an Answer and Counterclaim [ECF No. 21]. On
or about October 1, 2015, Plaintiff filed an Answer to the
Counterclaim [ECF No. 23].
about October 31, 2016, Plaintiff filed a Motion for Summary
Judgment [ECF No. 48] in which Defendant, KK Real Estate,
responded to [ECF No. 49] on or about November 23, 2016,
followed by a Reply in Support of U.S. Bank's Motion for
Summary Judgment [ECF No. 52] on or about December 12, 2016.
about January 12, 2017, a Substitution of Attorney for KK
Real Estate [ECF No. 54] was filed by Maier Gutierrez Ayon to
substitute in for Hong & Hong. An Order [ECF No. 55] was
entered that ruled in favor of U.S. Bank's Motion for
Summary Judgment on or about April 13, 2017, in which KK Real
Estate filed a Notice of Appeal [ECF No. 59] on or about May
about May 19, 2017, Maier Gutierrez & Associates filed a
Motion to Withdraw as Attorneys of Record [ECF No. 62] for
Defendant, KK Real Estate. On or about June 6, 2017, an Order
[ECF No. 68] was entered granting Maier Gutierrez &
Associates' Motion to Withdraw, followed by Ayon Law,
PLLC's Notice of Appearance [ECF No. 70] on behalf of KK
Real Estate on or about June 20, 2017.
Status Conference set by the Court on June 10, 2019 [EFC No.
80], the Court determined that this matter be set for a
Calendar Call on November 19, 2019 at 9:00 a.m. in Reno,
Nevada, and Jury Trial to follow on December 2, 2019 at 8:30
a.m., in Reno, Nevada. However, Defendant KK Real Estate has
failed to meet its financial obligations to Ayon Law, and
therefore, counsel for Defendant KK Real Estate is requesting
to withdraw from this case.
are currently two (2) depositions that have been scheduled by
Plaintiff. One on October 8, 2019, and on October 9, 2019.
Ayon Law is requesting that it withdraw from this matter
before those dates.
has good cause to withdraw its representation pursuant to
Rule 1.16(b) of the Nevada Rules of Professional Conduct
(hereinafter referred to as ...