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SEVERIN A. CARLSON
Nevada Bar No. 9373
TARA C. ZIMMERMAN
KAEMPFER CROWELL
Telephone: (775) 882-1311
Fax: (775) 882-0257
Attorneys for Defendant
REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka
GHONONREZA ZANDIAN JAZI
In The First Judicial
District Court of the State of
In and for
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JED MARGOLIN, an individual, Plaintiff, VS.
OPTIMA TECHNOLOGY CORPORATION, a California corporation, OPTIMA TECHNOLOGY CORPORATION, a Nevada corporation, REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONONREZA ZANDIAN JAZI, an individual, DOE Companies 1-10, DOE Corporations 11-20, and DOE Individuals 21-30, Defendants.
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Case No.: 09OC00579 1B Dept. No.: 1
MOTION TO WITHDRAW AS COUNSEL |
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MOTION TO WITHDRAW AS COUNSEL
Severin A. Carlson, Tara C. Zimmerman and Kaempfer Crowell (collectively "Counsel"), counsel for Defendant REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONONREZA ZANDIAN JAZI ("Defendant"), pursuant to Supreme Court Rule ("SCR") 46, First Judicial District Court Rule ("FJDCR") 22, and Nevada Rule of Professional Conduct ("NRPC") 1.16, move this Court for an order granting Counsel's motion to withdraw as counsel of record in this matter.
This motion is made based upon the following Points and Authorities and the Affidavit of Severin A. Carlson, attached hereto as Exhibit 1.
MEMORANDUM OF POINTS AND AUTHORITIES
I. FACTUAL BACKGROUND
Kaempfer Crowell entered an appearance on behalf of Defendant on or about March 3, 2014, to, among other things; seek to set aside orders of this Court that had been entered against Defendant, directly and via appeals to the Nevada Supreme Court.
Most recently, this Court, in its
November 6, 2015 Order Granting Plaintiff's Motion for Debtor Examination and
to Produce Documents (the "November 6 Order"), ordered Defendant to
produce to Plaintiff's counsel on or before December 21, 2015, various
information and documents as set forth in the November 6 Order. The November 6 Order also directed Defendant to appear for a
Judgment Debtor Examination at a location to be specified by Plaintiff's
counsel in
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During Counsel's representation, Defendant has substantially failed to fulfill his obligations to Kaempfer Crowell regarding its services, despite Kaempfer Crowell having given Defendant reasonable warning that it would withdraw as counsel unless the obligations are fulfilled. Further representation would result in an unreasonable financial burden on the assigned lawyers and law firm. The representation has also been rendered unreasonably difficult as a result of Defendant's failure to meet his obligations to Counsel.
Furthermore, Defendant insists upon taking action that the lawyer considers repugnant or with which the lawyer has fundamental disagreement, therefore making the immediate request to withdraw reasonable.
H. ANALYSIS
Rule 1.16(b)(5) of the Nevada Rules of Professional Conduct provides that an attorney may withdraw from representing a client if "[t]he client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and. has been given a reasonable warning that the lawyer will withdraw unless the obligation is fulfilled."
Rule 1.16(b)(4) of the Nevada Rules of Professional Conduct provides that an attorney may withdraw from representing a client if "[a] client insists upon taking action that the lawyer considers to be repugnant or with which the lawyer has a fundamental disagreement.”
In this case, Defendant has not only substantially failed to fulfill his obligations to Kaempfer Crowell regarding its services, but also insists upon taking action that the lawyer considers to be repugnant or with which the lawyer has a fundamental disagreement. Consequently, Counsel hereby requests that the Court issue an order allowing withdrawal as Defendant's counsel.
Furthermore, SCR 46 provides:
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The attorney in an action or special proceeding may be changed at any time before judgment or final determination as follows:
(2) Upon the order of the court of judge thereof on the application of the attorney or the client.
Consistent with SCR 46, FJDCR 22 provides in civil cases that "An attorney of record shall be deemed such in all subsequent related proceedings before the court until such time as a withdrawal of counsel is made pursuant to SCR 46 and 166."
As set forth in the attached Affidavit of Severin A. Carlson, and based upon information and belief, the last known addresses of Defendant are as follows:
Reza Zandian
Gholam Reza Zandian Jazi
6 rue Edouard Fournier
75116
This Motion will be served upon Defendant.
Counsel has complied with all requirements to withdraw as counsel of record. As such, an order allowing Counsel to withdraw is appropriate. Defendant has been provided a copy of the Court's November 6 Order, after having been informed of the Court's ruling from the bench, and therefore is readily aware of the deadlines and requirements set forth in the November 6 Order.
CONCLUSION
For the reasons stated above, Counsel requests an order of this Court allowing them to withdraw as counsel of record in this action.
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The undersigned does hereby affirm that the preceding document does not contain the social security number of any person.
DATED this 10th day of December, 2015.
KAEMPFER CROWELL
BY: _____________________________
SEVERIN A. CARLSON
Nevada Bar No. 9373
TARA C. ZIMMERMAN
Attorneys for Defendants
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CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on the 10th day of December, 2015, I caused the foregoing MOTION TO WITHDRAW AS COUNSEL to be served this date by depositing a true copy of the same for mailing at Reno, Nevada, first class postage fully prepaid and addressed to the following:
Matthew D. Francis, Esq.
Adam P. McMillen, Esq.
Watson Rounds
775.324.4100
775.333.8171 - facsimile
Attorneys for Plaintiff
Reza Zandian
Defendant
Gholam Reza Zandian Jazi
6 rue Edouard Fournier
75116
Defendant
I also caused the foregoing Motion to be served this date by e-mail to Defendant as follows:
rezazand@hotmail.com
________________________________
an employee of Kaempfer Crowell
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EXHIBIT 1
SEVERIN A. CARLSON
Nevada Bar No. 9373
TARA C. ZIMMERMAN
KAEMPFER CROWELL
Telephone: (775) 882-1311
Fax: (775) 882-0257
Attorneys for Defendant
REZA ZANDIAN
In The First Judicial
District Court of the State of
In and for
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JED MARGOLIN, an individual, Plaintiff, VS.
OPTIMA TECHNOLOGY CORPORATION, a California corporation, OPTIMA TECHNOLOGY CORPORATION, a Nevada corporation, REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONONREZA ZANDIAN JAZI, an individual, DOE Companies 1-10, DOE Corporations 11-20, and DOE Individuals 21-30, Defendants.
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Case No.: 09OC00579 1B Dept. No.: 1
AFFIDAVIT OF SEVERIN A. CARLSON IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT REZA ZANDIAN
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AFFIDAVIT OF SEVERIN A. CARLSON IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT REZA ZANDIAN
STATE OF
) ss.
1.
I am duly licensed to practice law in the State of
2. I make this Affidavit in support of Kaempfer Crowell's Motion to Withdraw as Counsel for Defendant.
3. Continued representation will result in an unreasonable financial burden on Kaempfer Crowell and the representation has been rendered unreasonably difficult.
4. Defendant has been repeated advised of his obligations to Kaempfer Crowell and that failure to meet those obligations could result in Kaempfer Crowell withdrawing as counsel of record.
5. Defendant continues to have a substantial obligation owed to Kaempfer Crowell that remains unrectified.
6. Despite repeated attempts to counsel Defendant, Defendant insists upon taking action that Kaempfer Crowell and I consider to be repugnant or with which Kaempfer Crowell and I have a fundamental disagreement.
7. Defendant's current mailing address on file with this office, as well as all other known possible addresses are:
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Gholam Reza Zandian Jazi
6 rue Edouard Fournier
75116
Reza Zandian
rezazand@hotmail.com
8. That in the light of the above, I believe an order allowing Kaempfer Crowell to withdraw from representation in this matter is appropriate and that such withdrawal complies with the applicable rules of professional conduct, Nevada Supreme Court Rules, and local rules of practice before the First Judicial District Court.
FURTHER YOUR AFFIANT SAYETH NAUGHT.
DATED this 10th day of December, 2015.
__________________________________
SEVERIN A. CARLSON
Subscribed and Sworn to before me this 10th day of December, 2015, by Severin A. Carlson.
__________________________
NOTARY PUBLIC
My Commission Expires:
10-15-2018
MERRILYN H. MARSH
Notary Public - State of
Appointment Recorded in
NO: 94-0191-2 - Expires October 15, 2018
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