Free Motion to Withdraw - District Court of Delaware - Delaware

Case 1:06-cv-00881-SLR Document 17 Filed 05/22/2007 Page 1 of 2 A
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IN THE UNITED STATES DISTRICT COURT ‘
FOR THE DISTRICT OF DELAWARE
EDWINA HARTUNG, : r
Plaintiff
v. C.A. No.: 05-88l SLR
FIRST STATE DINING CORP. d/b/ a IURY TRIAL DEMANDED _
GATOR’S SPORTS BAR, :
Defendant.
MOTION FOR LEAVE TO WITHDRAW AS COUNSEL
COMES NOW, Seitz Van Ogtrop & Green, P.A. and respectfully moves the Court for
leave to withdraw as counsel to Defendant First State Dining Corp. ("First State") and in support
1 hereof states as follows:
l. This case alleging violations of Title VII of the Equal Rights Act of 1964 by a
former employee of First State was filed on December 2l, 2005.
2. Movant was retained by First State and filed an Answer to the Complaint on
i January ll, 2006.
p 3. Counsel has had difficulty obtaining documents from First State in order to
{ respond to discovery propounded by Plaintiff throughout the litigation and First State has never
i fully responded to Plaintiffs discovery.
l 4. Trial is now scheduled for J une 25, 2007.
5. Counsel has demanded an advance on fees and costs from First State as a
condition to continued representation through trial. First State has indicated that it cannot and
A will not provide any further attorneys' fees. In a somewhat analogous situation, this Court has
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Case 1:05-cv-00881-SLR Document 17 Filed 05/22/2007 Page 2 of 2 i
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permitted counsel to withdraw. See Fastxchange, Inc. v. Inventure, Inc., 2004 WL 234659 (D. A
Del. 2004)(copy attached).
6. Movant submits that it would be unfair to require it to continue as counsel without
any prospect of being paid and with limited cooperation from First State.
7. Counsel for Plaintiff has been consulted and does not oppose this Motion.
WHEREFORE, Seitz Van Ogtrop & Green , P.A., through its undersigned officer and
director, respectfully prays that it be given leave to withdraw as counsel for Defendant First State
Dining Corp.
` Respectfully submitted,
TZ, VAN OG r 0 P & GREEN, P.A
A [ /
/ l ._e§;¤ :4· r,
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M ¤"· s. Gunn , sn., uso. (1>E04s1)
;[email protected]
KEVIN A. GUERKE (DE4096)
i [email protected]
l 222 Delaware Avenue, Suite 1500
P. O. Box 68
i Wihnington, DE 19899
(302) 888-0600
Attorneys for Defendant
k Dated: May 22, 2007
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