Ditech Financial LLC v. Woodcrest Homeowners Association ( 2019 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 DITECH FINANCIAL LLC; FEDERAL Case No. 2:16-cv-02636-APG-DJA 6 NATIONAL MORTGAGE ASSOCIATION, 7 ORDER Plaintiffs, 8 v. 9 WOODCREST HOMEOWNERS 10 ASSOCIATION; ABACUS 8, LLC; and ABSOLUTE COLLECTION SERVICES, 11 LLC, 12 Defendants. 13 14 This matter is before the Court on Defense Counsel Shane D. Cox’s Motion to Withdraw 15 as Counsel (ECF No. 38), filed on December 13, 2019. Pursuant to Local Rule (“LR”) IA 11-6, 16 “[n]o attorney may withdraw after appearing in a case except by leave of Court after notice has 17 been served on the affected client and opposing counsel.” See LR IA 11-6(b). Having reviewed 18 the motion, the Court finds that requirements of LR IA 11-6(b) have been met. 19 Further, the Court will require that Defendant Absolute Collection Services, LLC advise 20 the Court if it will retain new counsel by January 21, 2020 as it must retain new counsel if it 21 intends to continue to litigate this matter. See United States v. High Country Broad., 3 F.3d 1244, 22 1245 (9th Cir. 1993) (per curiam); In re Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) 23 (stating that “[c]orporations and other unincorporated associations must appear in court through 24 an attorney.”). Filing a notice of new counsel on or before January 21, 2020 is sufficient to 25 comply with the Court’s order. Failure to respond may result in a recommendation to the United 26 States District Judge assigned to this case that dispositive sanctions be issued against Defendant 27 Absolute Collection Services, LLC, including dismissal of this action. 1 IT IS HEREBY ORDERED that Defense Counsel Shane D. Cox’s Motion to Withdraw 2 as Counsel (ECF No. 38) is granted. 3 IT IS FURTHER ORDERED that Defendant Absolute Collection Services, LLC shall 4 have until January 21, 2020 to advise the Court if it will retain new counsel. Failure to notify the 5 Court as to their new representation may subject it to dispositive sanctions, including a 6 recommendation for dismissal of this action. 7 IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known 8 address of Defendants to the civil docket and send a copy of this Order to Defendants’ last known 9 address: 10 Absolute Collection Services, LLC 11 6440 Sky Pointe Dr., Ste. 140-154 12 Las Vegas, NV 89131 13 813-701-9108 14 DATED: December 19, 2019 15 DANIEL J. ALBREGTS 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27