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

Case 3:03-cv-00998-JGM

Document 38

Filed 10/25/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
SANTIAGO E. CARTAGENA, Plaintiff, VS. THAMES VALLEY WATER BOTTLING CO., INC. D/B/A MANITOCK SPRINGS Defendant. : : : : : : : : : CIVIL CASE NO. 3:03cv998(JGM)

OCTOBER 21, 2004

MOTION TO WITHDRAW AS COUNSEL FOR THE PLAINTIFF, SANTIAGO CARTAGENA Pursuant to Local Rule of Civil Procedure 7 (e), the plaintiff's counsel, Thomas W. Bucci, Esq., requests permission of the Court to withdraw as counsel for the plaintiff, SANTIAGO E. CARTAGENA. Counsel makes this request as a result of the irreparable breakdown of communications between the plaintiff and plaintiff's counsel, Thomas W. Bucci. Plaintiff's counsel represents compliance has been met with the provisions of L.Civ.R. 7(e), in the following manner: 1. This motion has been duly noticed, as indicated on the certification of service. 2. Notice and a copy of this motion have been sent by certified mail to the plaintiff.

Case 3:03-cv-00998-JGM

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Filed 10/25/2004

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3. Good cause exists for permitting the withdrawal of Thomas W. Bucci as counsel for the plaintiff in that there is a lack of cooperation by the plaintiff with his counsel in the preparing his case for trial, in particular, plaintiff's failure to assist plaintiff's counsel in responding to the defendant's discovery request. 4. The plaintiff has indicated in this motion and has notified the plaintiff that the plaintiff's failure to either engage successor counsel or file a pro se appearance will result in the granting of the motion to withdraw and may result in a dismissal or default being entered against the plaintiff. Wherefore, plaintiff's counsel moves that he be allowed to withdraw his appearance in this matter.

Case 3:03-cv-00998-JGM

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Filed 10/25/2004

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NOTICE TO PLAINTIFF: - FAILURE BY SANTIAGO E. CARTAGENA TO EITHER ENGAGE SUCCESSOR LOCAL COUNSEL OR FILE A PRO SE APPEARANCE WILL RESULT IN GRANTING OF THE MOTION TO WITHDRAW AND MAY RESULT IN A DISMISSAL BEING ENTERED AGAINST SANTIAGO E. CARTAGENA.
THE PLAINTIFF

BY______________________________________ Thomas W. Bucci, for WILLINGER, WILLINGER & BUCCI, P.C. 855 Main Street Bridgeport, CT 06604 Tel: (203) 366-3939 Email: [email protected] Fed. Bar #ct07805

Case 3:03-cv-00998-JGM

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Filed 10/25/2004

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CERTIFICATION THIS IS TO CERTIFY that on the 21st day of October, 2004, the original foregoing Motion to Withdraw As Counsel For the Plaintiff, SANTIAGO E. CARTAGENA, was sent by first class mail to the following: Richard J. Pascal, Esquire O'BRIEN SHAFNER, STUART, KELLY & MORRIS, P.C. 138 Main Street P.O. Box 310 Norwich, CT 06360 Tel: (860) 889-3855 Fax: (860) 886-6352 Fed. Bar # ct03151 AND BY CERTIFIED MAIL ARTICLE NO. 7003 1010 0003 3539 4706 Santiago Cartagena 103-1 Brookside Lane Pawcatuck, CT 06379 ___________________________________ Thomas W. Bucci