Free Motion to Withdraw as Attorney - District Court of Federal Claims - federal

Case 1:06-cv-00442-TCW

Document 28

Filed 07/31/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) REV. FR. PRISCO E. ENTINES, JUSTINA CORCELLES HERNANDEZ, FRANCISCO GUTIEREZ FERRER, JULIETA TABOADA ABELLA, MARIA LAPAY LAURENCIANO, and WENCESLAO N. RODRIGUEZ,

Nos.

06-193C, 06-191C, 06-205C, 06-434C, 06-442C, 06-449C Judge Wheeler

MOTION TO WITHDRAW 1. On December 11, 2006, the Court appointed undersigned counsel as pro bono counsel for the plaintiffs in this action. On June 14, 2007, the United States filed a motion to dismiss the complaint. 2. It is the understanding of undersigned counsel that Rev. Entines, one of the named plaintiffs, has directed the litigation on behalf of all of the plaintiffs. 3. Undersigned counsel has spent substantial time on this matter and thoroughly reviewed the facts and law applicable to the claims raised in the complaint. Counsel has also conferred on numerous occasions by telephone and e-mail with Rev. Entines regarding this matter and has also communicated with the other named plaintiffs. 4. In determining how to respond to the government's pending motion to dismiss, certain fundamental and irreconcilable disagreements have arisen between undersigned counsel and Rev. Entines regarding the response to the motion. As a result of those conflicts, counsel regretfully is compelled to seek leave to withdraw as counsel in this matter. Counsel respectfully suggests that the Court allow plaintiffs to proceed on a pro se basis in responding to the government's motion to dismiss. 5. In accordance with Rule 83.1(c)(6) of the Rules of the Court of Federal Claims, notice of counsel's intent to withdraw has been served on each of the plaintiffs.

Case 1:06-cv-00442-TCW

Document 28

Filed 07/31/2007

Page 2 of 2

Respectfully submitted,

/s/ Richard W. Arnholt _ Richard W. Arnholt JENNER & BLOCK LLP 601 Thirteenth Street, N.W. Washington, D.C. 20005 Tel: (202) 639-6025 Fax: (202) 661-4829 Counsel of Record for Plaintiffs Dated: July 31, 2007 Of Counsel: David A. Churchill JENNER & BLOCK LLP

2