Opinion
2:22-cr-00165-JCM-DJA-1
11-29-2022
UNITED STATES OF AMERICA, Plaintiff v. RICHARD A. FINGER, JR., Defendant.
CLARK HILL PLLC DOMINIC P. GENTILE Nevada Bar No. 1923 DAVID B. SMITH, PLLC DAVID B. SMITH (Pending Pro Hac) Virginia Bar No. 25930 Defendant, Richard A. Finger, Jr.
CLARK HILL PLLC
DOMINIC P. GENTILE
Nevada Bar No. 1923
DAVID B. SMITH, PLLC
DAVID B. SMITH (Pending Pro Hac)
Virginia Bar No. 25930
Defendant, Richard A. Finger, Jr.
AMENDED MOTION TO WITHDRAW AS ATTORNEY OF RECORD AND TO WITHDRAW THE VERIFIED PETITION FOR PERMISSION TO PRACTICE IN THE CASE ONLY BY ATTORNEY NOT ADMITTED TO THE BAR OF THIS COURT AND DESIGNATION OF LOCAL COUNSEL [PKT 3]
DANIEL J. ALBREGTS, UNITED STATES MAGISTRATE JUDGE
Dominic P. Gentile of Clark Hill PLLC and David B. Smith of David B. Smith, PLLC hereby file their Amended Motion to Withdraw as Attorney of Record and to Withdraw the Verified Petition for Permission to Practice in the Case Only By Attorney Not Admitted to the Bar of this Court and Designation of Local Counsel, filed November 16, 2022, [DKT 3], and request that they be removed from the CM/ECF E-Notice List. In lieu of an affidavit, this Motion is based on the attached declaration.
DECLARATION OF DOMINIC P. GENTILE
NRS 53.045 Use of unsworn declaration in lieu of affidavit or other sworn declaration; exception. Any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by an unsworn declaration of its existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form:
DOMINIC P. GENTILE, ESQ., declares as follows:
1. I am an attorney duly licensed to practice law in the State of Nevada. I declare that this declaration is based upon my own personal knowledge except as to those matters stated upon information and belief, and as to those matters, I believe them to be true.
2. On November 16, 2022, a Verified Petition for Permission to Practice in the Case Only By Attorney Not Admitted to the Bar of This Court and Designation of Local Counsel was filed with the Court by David Smith, who is not licensed in Nevada or this Court. [DKT 3].
3. I was prepared to act solely as local counsel to accommodate Mr. Smith and have never communicated with Mr. Finger in any manner.
4. Mr. Smith and I have known each other since the early 1980s, and I did this as a courtesy to him. I know him to be a serious criminal defense practitioner and co-author, along with another District of Columbia based colleague of mine, Terrence Reed, of the Civil Rico Manual that has been the premier treatise on the subject for going on five decades and is currently published by Lexis Nexis.
5. Counsel has subsequently had further communications with Mr. Smith in the days preceding Thanksgiving in which Mr. Smith (pending Pro Hac Counsel) advised undersigned counsel that Mr. Smith's and his law firm's participation in this action is no longer possible due to a breakdown in the attorney-client relationship between him and Mr. Finger.
6. Withdrawal of the undersigned attorney as local counsel will not delay proceedings in this matter pursuant to LR 1A 11-6.
7. Mr. Smith requests that his Pro Hac Application, which is currently pending, be withdrawn.
8. Mr. Fingers's last known address, according to Mr. Smith, is 92 West Olympia Chase Drive, Las Vegas, Nevada 89141.
9. Based upon the above-referenced information, I ask the Court for an Order allowing me to withdraw as counsel of record and to remove me from the CM/ECF E-Notice List.
IT IS SO ORDERED.