TATE v. UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA

Case No. 2:09-cv-01748-JAD-NJK.

RICHARD TATE, as Special Administrator for the Estate of JAMES S. TATE, JR., M.D., Plaintiff, v. UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, a county hospital pursuant to NRS 450, et. seq.; et. al., Defendant.

United States District Court, D. Nevada.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Fed. Question
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

Richard Tate, Plaintiff, represented by Jacob L. Hafter , Hafter Law.

Michael K. Naethe, Movant, represented by Timothy Ryan O'Reilly , O'Reilly Law Group.

Hutchison & Steffen, LLC, Movant, represented by Michael K. Wall , Hutchison & Steffen LLC & Christina M. Alexander , Hutchison & Steffen, LLC.

University Medical Center, Defendant, represented by Bradley M. Ballard , Ballard Law Offices, Ltd., Lisa J. Zastrow , Kolesar and Leatham, Matthew T. Dushoff , Kolesar & Leatham, Chtd., David Lyle Edelblute , Kolesar & Leatham & William D. Schuller , Kolesar & Leatham.


MOTION FOR LEAVE TO WITHDRAW AS COUNSEL

NANCY J. KOPPE, Magistrate Judge.

John P. Aldrich, Esq., and the Aldrich Law Firm, Ltd., hereby moves for leave of Court to withdraw as co-counsel for Plaintiff RICHARD TATE, as Special Administrator for the Estate of JAMES S. TATE, JR., M.D. This pleading is based on the accompanying Points and Authorities, the Declaration, and the papers and pleadings already on file in this matter.

POINTS AND AUTHORITIES

Counsel moves to withdraw as co-counsel of record for Plaintiff RICHARD TATE, as Special Administrator for the Estate of JAMES S. TATE, JR., M.D. Counsel cannot withdraw without leave of court. See United States District Court, Rules of Practice, Local Rule IA 10-6(b), as amended effective May 1, 2016.

Nevada Rule of Professional Conduct 1.16(b) provides in relevant part as follows:

(b) Except as stated in subsection 3, a lawyer may withdraw from representing a client if: (1) Withdrawal can be accomplished without material adverse effect on the interests of the client; . . . or (7) Other good cause for withdrawal exists.

As shown by the Declaration of John P. Aldrich, Esq., filed in support of this Motion to Withdraw as Attorney of Record, withdrawal is appropriate. The trial has concluded and the matter has been appealed. Mr. Aldrich is not representing Plaintiff on the appeal. There has been some subsequent motion practice related to the appeal, to which Mr. Hafter has responded.

If this motion is granted, Plaintiff will still be represented by Jacob Hafter, Esq., who is local in Nevada. Accordingly, Mr. Hafter remains the attorney of record for Plaintiff. As such, my withdrawal can be accomplished without material adverse effect on the interests of the client.

IT IS SO ORDERED.

DECLARATION OF JOHN P. ALDRICH, ESQ.

STATE OF NEVADA ) ) ss: COUNTY OF CLARK )

I, John P. Aldrich, declare under penalty of perjury that:

1. I am licensed to practice law in the State of Nevada. I have served as co-counsel of record for Plaintiff RICHARD TATE, as Special Administrator for the Estate of JAMES S. TATE, JR., M.D.

2. The trial has concluded and the matter has been appealed. I am not representing Plaintiff on the appeal. There has been some subsequent motion practice related to the appeal, to which Mr. Hafter has responded.

2. Plaintiff is still represented by Jacob Hafter, Esq., who is local in Nevada. Accordingly, Mr. Hafter remains the attorney of record for Plaintiff. As such, my withdrawal can be accomplished without material adverse effect on the interests of the client.

3. The facts stated in the Motion for Leave to Withdraw as Attorney are true and accurate to the best of my knowledge.


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