Free Motion to Withdraw as Attorney - District Court of Delaware - Delaware

Case 1:06-cv-00055-GMS

Document 214

Filed 11/26/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

TESLA INDUSTRIES, INC., Plaintiff, v.

LYNDOL W. HOLLINGSWORTH, CHARLES MINNICK a/k/a CHUCK MINNICK, and NEW MILLENNIUM TOOLS, INC., Defendants.

) ) ) )C.A. No. 06-055-GMS ) ) ) ) ) ) ) )

MOTION TO WITHDRAW AS COUNSEL FOR TESLA INDUSTRIES, INC.

COMES NOW Rubin & Rudman, undersigned counsel for Tesla Industries, Inc., Plaintiff herein, and moves to pursuant Local Rule 83.7, to withdraw as counsel for said Plaintiff, and in support whereof states as follows: Undersigned counsel was engaged by Tesla Industries, Inc. ("Tesla") in 2007 to represent Tesla with respect to the law suit against the above captioned defendants. Rubin & Rudman has represented Tesla in this matter up to the current date. 1. On November 9, 2007, the undersigned counsel received an e-mail from the

president and CEO of Tesla, David Masilotti, stating that Tesla "no longer required" the services of the undersigned, and that he would be seeking new counsel. Despite the efforts of the undersigned to

Case 1:06-cv-00055-GMS

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contact Mr. Masilotti and discuss the November 9, 2007 correspondence, Mr. Masilotti has been unresponsive. The Delaware Lawyer=s Rules of Professional Conduct (ADLRPC@) Rule 1.16 mandates that a lawyer shall withdraw from the representation of a client if: ... (a) (3)the lawyer is discharged.

2.

Undersigned counsel asserts the above condition exists in the present

case, and that counsel should be permitted to withdraw from further representation of Tesla in this matter. WHEREFORE, undersigned counsel respectfully moves this Court for permission to withdraw their appearance from further representation of Tesla Industries, Inc. in the above captioned proceeding. Dated: November 26, 2007 Rubin & Rudman LLP /s/ Christopher W. Parker Christopher W. Parker 50 Rowes Wharf Boston, MA 02110 Telephone: (617) 330-7064 [email protected] Attorneys for Tesla Industries, Inc.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE TESLA INDUSTRIES, INC., a Delaware Corporation, Plaintiff, v. DAVID C. WALDMANN, LYNDOL W. HOLLINGSWORTH, CHARLES MINNICK a/k/a CHUCK MINNICK, and NEW MILLENNIUM TOOLS, INC., an Oregon Corporation, Defendants. : : : : : : : : : : : : : :

C.A. No. 06-55

ORDER Upon consideration of the Motion of Rubin & Rudman to Withdraw as Counsel for Plaintiff Tesla Industries, Inc. and any and all responses thereto, Rubin & Rudman's motion is hereby GRANTED.

IT IS SO ORDERED this ___day of December 2007.

____________________________________ THE HONORABLE GREGORY M. SLEET UNITED STATES DISTRICT COURT JUDGE

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CERTIFICATE OF SERVICE I hereby certify that on the 26th day of November, 2007, the attached MOTION TO WITHDRAW AS COUNSEL was served upon the below-named counsel of record at the addresses and in the manner indicated:

HAND DELIVERY John D. Demmy, Esq. Stevens & Lee 1105 North Market Street, 7th Floor Wilmington, DE 19801 FIRST CLASS MAIL John A. Adams, Esq. Susanin Widman & Brennan, PC 455 S. Gulph Road, Suite 240 King of Prussia, PA 19406 CERTIFIED MAIL AND EMAIL Tesla Industries David Masilotti, President 109 Centerpoint Blvd, New Castle, DE, 19720 [email protected] FIRST CLASS MAIL Brian A. Sullivan Werb & Sullivan 300 Delaware Ave, Suite 1300 Wilmington, DE 19801

/s/ Brian A. Sullivan Brian A. Sullivan