Case 2:10-cv-01581-JCM-RJJ Document 9 Filed 10/01/10 Page 1 of 6

1 JAMES R. STOUT, ESQ.

Nevada Bar No. 008680
2 STOUT LAW FIRM
4560 South Decatur Boulevard, Suite 201
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Las Vegas, Nevada 89103
4 Telephone: (702) 794-4411
Facsimile: (702) 794-4421
5 E-Mail: jstout@jstoutlaw.com
Attorneys for Plaintiff CRAWFORD SHAW
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7 UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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CRAWFORD SHAW, an individual, )
10 )
Plaintiff, ) Case No.: 2:10-cv-1581
11 v. ) Judge Robert J. Johnston
)
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CHINA ARMCO METALS, INC., a domestic )
13 corporation; Action Stock Transfer, a foreign )
corporation; KEXUAN Y AO, an individual; )
14 WEN FEN GAO, an individual; WEINGANG )
ZHAO, an individual; TAO PANG, an )
15 individual; HEPING MA, an individual; )
16 WILLIAM THOMSON, an individual and )
DOES 1 through 100 inclusive, )
17 )
Defendants. )
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MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF CRAWFORD SHAW
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COME NOW JAMES R. STOUT, ESQ. and Stout Law and hereby moves this Court for
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21 an Order granting pennission to withdraw as attorneys of record for Plaintiff CRAWFORD

22 SHAW. This motion is made and based upon the pleadings and papers on file herein, the points

23 and authorities attached hereto, the exhibits attached hereto and any oral argument and
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documentary evidence as
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 Case 2:10-cv-01581-JCM-RJJ Document 9 Filed 10/01/10 Page 2 of 6

may be presented at a hearing that the Court may set.

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2 DATED: Octobert, 2010

5 evada Bar No. 008

6 4560 South Decatur Boulevard, Suite 201
Las Vegas, Nevada 89103
7 Attorney for Plaintiff, CRAWFORD SHAW

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 Case 2:10-cv-01581-JCM-RJJ Document 9 Filed 10/01/10 Page 3 of 6

POINTS AND AUTHORITIES

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2 James R. Stout, Esq. filed the instant lawsuit on behalf of the Plaintiff CRAWFORD

3 SHAW two weeks ago on September 15, 2010. No Answer or response to the lawsuit has been

4 filed.

5 District of Nevada Local Rule 10-6 allows for an attorney to withdraw after appearing in

6 a case by leave of court after notice is served on the affected client and opposing counseL

7 Furthermore EDCR Rule 7.40 provides in pertinent part as follows:

8 (b) Counsel in any case may be changed only:

9 (2) When no attorney has been retained to replace the attorney

withdrawing, only by order of the Court, granted upon written
10 motion at such time as may be fixed by the Court in an order
shortening the time for the hearing of the motion, and;
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(1) If the application is made by the attorney, he
12 shall include in an affidavit the address, or last
known address, at which the client may be served
13 with notice of further proceedings taken in the case
of the event the application for withdraw is granted,
14 and he shall serve a copy ofthe application upon the
client and all other parties to the action or their
attorneys, or;
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(c) No application for withdrawal or substitution may be granted if
16 a delay of the trial or the hearing of any other matter in the case
would result.
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In this dispute, the relationship between Plaintiff CRAWFORD SHAW and Stout Law
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19 Firm has deteriorated to the point where James R. Stout, Esq. can no longer represent Plaintiffs

20 interest. Plaintiff has requested that James Stout, Esq. file a pleading that James R. Stout, Esq.
21 did not believe was appropriate to file. The refusal of James R. Stout, Esq. to file the pleading
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led to a complete break down of the attorney-client relationship.
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Counsel has advised Plaintiff to retain new· counsel. Plaintiff is an experienced licensed
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New York attorney and could represent himself in the interim.
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26 No trial date has been assigned to this dispute and no delay will result to any party as a

27 result of this withdraw of counseL

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 Case 2:10-cv-01581-JCM-RJJ Document 9 Filed 10/01/10 Page 4 of 6

Upon said withdrawal, Plaintiff, CRAWFORD SHAW may be located by any other party
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to this litigation (and has been sent notice) at:
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3 Crawford Shaw, Esq.

770 South Post Oak Lane, Suite 330
4 Houston, TX 77056

5 CONCLUSION
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Based on the foregoing, Stout Law Firm respectfully requests that this Court grant this
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Motion to Withdraw as Counsel for Plaintiff CRAWFORD SHAW.
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Dated this - ! day of October,
. 2010.
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AFFIDAVIT OF JAMES R. STOUT, ESQ. IN
SUPPORT OF MOTION TO WITHDRAW
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STATE OF NEVADA )
18 ) ss.
COUNTY OF CLARK )
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20 JAMES R. STOUT, ESQ., being first duly sworn deposes and says:
21 1. That I am an attorney duly licensed to practice law in the State of Nevada and the

22 owner of Stout Law Finn, which maintains offices at 4560 S. Decatur Boulevard, Suite 201, Las

23 Vegas, Nevada 89103.

24 2. That presently this finn is counsel of record for Plaintiff CRAWFORD SHAW in

25 the above-entitled action.

26 3. That I have personal knowledge of the facts and am competent to testify thereto.

27 4. That no improper delay or prejudice would result from my withdrawal as counsel

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 Case 2:10-cv-01581-JCM-RJJ Document 9 Filed 10/01/10 Page 5 of 6

1 of record as to Plaintiff CRAWFORD SHAW.

2 5. That Plaintiff CRAWFORD SHAW and Affiant are unable to maintain and

3 sustain an attorney/client relationship and that the interests of both Affiant and Plaintiff

4 CRAWFORD SHAW require termination of the representation in the above-entitled matter.

5 6. That Plaintiff CRAWFORD SHAW is a well known licensed New York attorney

6 and ca can be noticed of further proceedings at their last known address:

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Crawford Shaw, Esq.
8 770 South Post Oak Lane, Suite 330
Houston, TX 77056
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7. That Affiant has provided Plaintiff through his agent Chris Ryan, a Substitution of
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Attorney fonn that has not been signed. Furthermore, Affiant has advised Plaintiff that he
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should retain counsel.
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FURTHER YOUR AFFIANT SAYETH NAUG
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SUBSCRI~D AND SWORN TO before me
17 this /.2 day of October 1, 2010

(;iJt~Lk»
.JOANNE MILLER
18 NOTARYPUBUO
STATE OF NEVADA
My tommisslon ExpIres: 4-08-14
NOTRUBLIC in and for C8Itlflcale No: 08-104548-1
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Said County and State
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CERTIFICATE OF MAILING
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2 I hereby certify that on t h e L day of October, 2010, I served a copy ofthe above

3 and foregoing MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF CRAWFORD

4 SHAW by causing a copy of the same to be deposited in the United States mail, postage prepaid,
5 addressed as follows:
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Crawford Shaw, Esq.
7 770 South Post Oak Lane, Suite 330
Houston, TX 77056
8 Plaintiff
9 Chris Ryan
10 (By email only)

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