Commodity Futures Trading Commission v. Saffron ( 2019 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 COMMODITY FUTURES TRADING Case No. 2:19-cv-01697-JAD-DJA 6 COMMISSION, 7 Plaintiff, ORDER 8 v. 9 DAVID GILBERT SAFFRON, ET AL., 10 Defendants. 11 12 This matter is before the Court on Defense Counsel Shumway Van’s Motion to Withdraw 13 (ECF No. 28), filed on December 2, 2019. Pursuant to Local Rule (“LR”) IA 11-6, “[n]o attorney 14 may withdraw after appearing in a case except by leave of Court after notice has been served on 15 the affected client and opposing counsel.” See LR IA 11-6(b). Having reviewed the motion, the 16 Court finds that requirements of LR IA 11-6(b) have been met. Mr. Van indicates that Defendant 17 Circle Society, Corp. has been unresponsive to requests for documents and payment along with 18 requests for a fully executed retainer agreement. The Court will require that Defendant Circle 19 Society, Corp. advise the Court if it will retain new counsel by December 23, 2019 as it must 20 retain new counsel if it intends to continue to litigate this matter. See United States v. High 21 Country Broad., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam); In re Am. W. Airlines, 40 F.3d 22 1058, 1059 (9th Cir. 1994) (stating that “[c]orporations and other unincorporated associations 23 must appear in court through an attorney.”). Filing a notice of new counsel on or before 24 December 23, 2019 is sufficient to comply with the Court’s order. Failure to respond may result 25 in a recommendation to the United States District Judge assigned to this case that dispositive 26 sanctions be issued against Defendant Circle Society, Corp., including dismissal of this action. 27 IT IS HEREBY ORDERED that Defense Counsel Shumway Van’s Motion to Withdraw 1 IT IS FURTHER ORDERED that Defendant Circle Society, Corp. shall have until 2 December 23, 2019 to advise the Court if it will retain new counsel. Failure to notify the Court 3 as to their new representation may subject it to dispositive sanctions, including a recommendation 4 for dismissal of this action. 5 IT IS FURTHER ORDERED that the Defense Counsel Shumway Van shall serve a 6 copy of this order on Defendant Circle Society, Corp. and file a notice of completion of service 7 along with a notice of Defendant Circle Society, Corp.’s last known address by December 9, 8 2019. 9 10 DATED: December 2, 2019 11 DANIEL J. ALBREGTS 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27