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REC'D & FILED
2016 JAN -7 PM 4:06
SUSAN MERRIWETHER - CLERK
BY DEPUTY ____________
Case No.: 09 OC 00579 1 B
Dept. No.: 1
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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AMENDED ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL
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This matter comes before the Court on Kaempfer Crowell's Motion to Withdraw as Counsel, filed on December 10, 2015 (the "Motion"). An opposition was timely filed within the ten (10) day requirement of Rule 15(3) of the First Judicial District Court Rules ("FJDCR'), to include three days for mailing, on December 28, 2015.
This Court was unaware on December 31, 2015, when it issued its Order Granting Motion to Withdraw as Counsel that an opposition had been filed. As such, this amended order is being issued.
After considering the Motion, the Affidavit of Severin A. Carlson in support of the Motion, the papers and pleadings on file herein, Supreme Court Rule ("SCR") 46, FJDCR 22, and Nevada Rule of Professional Conduct ("NRPC") 1.16, and for good cause appearing, the Court hereby grants the Motion to Withdraw as Counsel.
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The Court finds that the reasons for withdrawal set forth by Severin A. Carlson, make the request to withdraw reasonable and justify granting the Motion, to wit: Defendant has substantially failed to fulfill his obligations to Kaempfer Crowell regarding its services, that Kaempfer Crowell's representation has also been rendered unreasonably difficult as a result of Defendant's failure to meet his obligations to counsel, and that Defendant insists upon taking action that the lawyer considers repugnant or with which the lawyer has fundamental disagreement.
However, as pointed out by the
Plaintiff, this tactic has been used by the Defendant before in this case for
delay purposes. As such, this order is conditioned on a valid address in
NOW THEREFORE, IT IS HEREBY ORDERED as follows:
1. That the Motion to Withdraw as Counsel is hereby GRANTED upon the condition that a valid address is provided by Defendant in California and/or Nevada for the purpose of service of any and all documents; and
2. That Kaempfer
Crowell, Severin A. Carlson, and Tara C. Zimmerman
shall no longer be counsel of record for Defendant Reza Zandian
upon the providing of the address for service in
3. That the Defendant, Reza Zandian, is ordered to comply with this Court's Order of November 6, 2015 as to appearing at a Judgment Debtor's Examination at a specific location chosen by Plaintiff; and
4. Failure of Defendant, Reza Zandian, to comply with this Order will result in this Court issuing an Order to Show Cause as to why said defendant should not be held in contempt.
Dated this 7th day of January, 2016.
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JAMES T. RUSSELL
DISTRICT JUDGE
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CERTIFICATE OF MAILING
The undersigned, an employee of the First Judicial District Court, hereby certifies that on the 7th day of January, 2016, I served a copy of the foregoing Order by United States Mail, postage prepaid, addressed as follows:
Matthew D. Francis, Esq.
Adam P. McMillen, Esq.
Severin A. Carlson, Esq.
Tara C. Zimmerman, Esq.
Reza Zandian
c/o Alborz Zandian
___________________________
Angela Jeffries
Judicial Assistant,
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