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

Case 1:01-cv-00201-VJW

Document 265

Filed 04/16/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CAROL AND ROBERT TESTWUIDE, et al., Plaintiffs, v. No. 01-201L Jude Victor J. Wolski THE UNITED STATES OF AMERICA, Defendant. MOTION TO WITHDRAW FROM REPRESENTATION OF JOYCE JAMES Plaintiffs' counsel hereby moves to withdraw from representation of Joyce James upon the following grounds. On May 4, 2001, Joyce James retained Plaintiffs' counsel to represent her in the present inverse condemnation claim against the United States. On the date counsel were retained, Ms. James represented that she was the sole owner of 205 Dozier Lane, Virginia Beach, Virginia 23454 and that she owned the property on or before July 1, 1998. Upon reaching a settlement of her claim with the United States, Plaintiffs' counsel discovered that the property is owned by Audrey James, Joyce James' sister. It was further discovered that Joyce James did not own the property on July 1, 1998 nor at anytime thereafter. Following the discovery that Ms. James did not own the property, counsel urged her to inform her sister of the settlement and to request that her sister consider granting an avigation easement to the United States, assuming that an assignment of her claim to her

Case 1:01-cv-00201-VJW

Document 265

Filed 04/16/2008

Page 2 of 3

sister remained possible. Ms. James declined to do so and demanded that she be paid in accordance with the terms of the settlement. Plaintiffs' counsel has previously informed counsel for the United States that Ms. James did not own the property on the date of the taking nor at anytime thereafter. Plaintiffs' counsel have been informed by counsel for the United States that he intends to move to dismiss Ms. James' claim. For the foregoing reasons, Plaintiffs' counsel respectfully prays that the Court enter an order granting counsel's motion to withdraw from further representation of Joyce James in this proceeding. Respectfully submitted, Dated: s/Jack E. Ferrebee Hofheimer/Ferrebee, P.C. 1060 Laskin Road, Suite 12-B Virginia Beach, Virginia 23451 (757) 425-5200 [email protected]

Of Counsel: Kieron F. Quinn Martin E. Wolf Quinn, Gordon & Wolf, Chtd. 102 W. Pennsylvania Avenue Towson, Maryland 21204 (410) 825-2300 [email protected] [email protected] Charles R. Hofheimer Kristen D. Hofheimer Hofheimer/Ferrebee, P.C. 1060 Laskin Road, Suite 12-B Virginia Beach, Virginia 23451 (757) 425-5200 [email protected] [email protected]

Case 1:01-cv-00201-VJW

Document 265

Filed 04/16/2008

Page 3 of 3

Thomas Shuttleworth Stephen C. Swain Lawrence Woodward Shuttleworth, Ruloff, Swain, Haddad & Morecock, P.C. 4525 South Boulevard, Suite 300 Virginia Beach, Virginia 23452 (757) 671-6000 [email protected] [email protected] [email protected] Certificate of Service I certify that a true copy of the foregoing motion was mailed by first class postage prepaid this 16th day of April, 2008 to: Joyce James 940 Maximus Square Apartment 101 Virginia Beach, Virginia 23451-6332 s/Jack E. Ferrebee