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

Case 3:03-cv-01055-AVC Document 69 Filed O9/O1/2005 Paget of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
DELORES FONSECA, RAFAEL FONSECA, : CRIMINAL ACTION NUMBER
AND MELANIE FONSECA. :
Plaintiffs, : 3:O3cv0‘l 055(AVC)
v.
JASON ALTERIO, JORGE LARREGUI,
AND THE CITY OF BRIDGEPORT :
Defendants : AUGUST 30, 2005
MOTION TO WITHDRAW APPEARANCE
Undersigned counsel forthe plaintiffs, DIANE POLAN, respectfully moves this
Court for permission to withdraw her Appearance on behalf of the plaintiffs, DELORES,
RAFAEL AND MELANIE FONSECA. In support of this Motion, counsel for the plaintiffs
represents as foilows:
1. This is a civil rights action that was filed on or about June 13, 2003.
2. At that time, the plaintiffs were represented by Attorney William B. Barnes
and his partner, Attorney Sheila Rosenstein of the law firm of Rosentstein
I and Barnes LLC.
3. On or about April, 2005, undersigned counsel was contacted by Attorney
Barnes, who asked her to consider assuming representation of the
plaintiffs in this action because Attorney Barnes was ill and could no
longer continue working on the case.
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Case 3:03-cv-01055-AVC Document 69 Filed 09/01/2005 Page 2 of 4
4. Undersigned counsel met with Attorney Barnes and with plaintiffs Deiores
and Raphael Fonseca in mid June, 2005 and agreed to take over the
plalntiffs’ representation. (Melanie Fonseca is their minor child.)
5. During that meeting, counsel discussed the terms of her representation of
the plaintiffs but no formal Retainer Agreement was signed at that time.
6. On or about June 22, 2005, undersigned counsel filed her appearance on
behalf of all plaintiffs.
7. Counsel flied her Appearance at that time because Attorney Barnes was
in the process of closing up his practice because of his illness and
because there were pressing scheduling matters in this case that required
the immediate attention of counsel.
8. On or about July 27, 2005, undersigned counsel filed a Motion to Modify
the Scheduling Order. She also noticed depositions of the named
defendants for September 8, 2005, in an effort to finish the necessary
discovery. Lindersigned counsel took these actions based on her belief
that she and the plaintiffs had informally agreed to the terms of her
representation.
9. Shortly thereafter, undersigned counsel sent a proposed written Retainer
Agreement to the plaintiffs. Plaintiffs responded that the terms of the
Retainer Agreement were unacceptable to them.
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Case 3:03-cv-01055-AVC Document 69 Filed O9/O1/2005 Page 3 of 4
10. Thereafter, with the assistance of Attorney Barnes, counsel attempted to
negotiate a modified Retainer Agreement with the plaintiffs.
11. in mid-August, counsel sent a revised Retainer Agreement to the
plaintiffs.
12. Last week, plaintiffs indicated in an e—mail message to undersigned
counsel that the revised Retainer Agreement was unacceptable to them
` and that they intended to seek other counsel.
13. Uhdersigned counsel now seeks permission to withdraw her Appearance
because she and the plaintiffs have been unable to agree on the terms of
representation.
14. Undersigned counsel has served a copy of this motion on the adult
l plaintiffs, DELORES AND RAFAEL FONSECA.
15. There is good cause for granting this Motion to Withdraw.
16. No trial date has been set in this case.
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Case 3:03-cv-01055-AVC Document 69 Filed 09/01/2005 Page 4 of 4
Tl—IE PLAINTIFFS,
nr RES FONSECA, RAFAEL FONSECA
‘· rr LANIE _.»- ECA
/ e444444»Ee
BY: F
DIANE POLAN
Law Offices of Attorney Diane Polan, LLC
129 Church Street, Suite 802
New Haven, CT 06510
- [email protected]
Telephone: 203-865-5000
Facsimile: 203-865-2177
Federal Bar No. ct00223
Their Attorney
CERTIFICATION f
This is to certify that a copy of the foregoing has been sent via first class mail,
postage prepaid, this 30th day of August, 2005, to the following counsel and parties of
record:
VIA CERTIFIED MAIL, RETURN
Attorney Barbara Brazzel-I\/lassaro RECIEPT REQUESTED AND FIRST
Office of the City Attorney CLASS MAIL
999 Broad Street, 2"°‘ Floor l\/ls. Delores Fonseca
Bridgeport, CT 06604-4328 lVlr. Rafael Fonseca
347 Alpine Street
Elliot B. Spector, Esquire Bridgeport, CT 06610
Noble, Spector, Young & O’Connor
One Congress Street, Fourth Floor
Hartford, CT 06114 _
DIANE I=·oI.AN V ‘‘:: - ——-- -
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