Free Motion to Withdraw - District Court of Colorado - Colorado

Case 1:01-cv-02313-JLK

Document 75

Filed 05/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil action No. 01-K-2313 (CBS) GLN COMPLIANCE, INC., Plaintiff, v. UNITED AIRLINES, INC., d/b/a UNITED BIZJET HOLDINGS, BIZJET CHARTERS, INC., and BIZJET SERVICES, INC., and JONATHAN ROSS, Defendants.

MOTION TO WITHDRAW AS ATTORNEY FOR PLAINTIFF

Richard O. Schroeder moves this Court pursuant to D.C.COLO.LCivR 83.3(D), for leave to withdraw as counsel for Plaintiff GLN Compliance, Inc. In support of this request, counsel states: Certificate of Compliance with D.C.Colo.L.R. 7.1A Plaintiff's counsel conferred with defendants' counsel Mark Barnes and Stephen Gurr. Mr. Barnes represents defendant United Airlines, Inc. (United). Mr. Barnes did not object to the withdrawal of Plaintiff's counsel. Mr. Gurr represents defendant Jonathan Ross (Ross). Mr. Gurr also stated he did not object to the withdrawal of Plaintiff's counsel. Plaintiff's counsel also contacted Micha E. Marcus, United's bankruptcy counsel. Mr. Marcus previously contacted the undersigned regarding this matter; however, he has not entered an appearance in this case. The undersigned previously discussed withdrawal with Mr. Marcus and Mr. Marcus did not

Case 1:01-cv-02313-JLK

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Filed 05/25/2007

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object. However, Mr. Marcus has not responded specifically to state whether he objects to the withdrawal of Plaintiff's counsel. MOTION TO WITHDRAW 1. The undersigned wishes to withdraw because GLN has requested that he

withdraw and also because of irreconcilable conflicts between plaintiff and its attorney, rendering it unreasonably difficult for the lawyer to carry out his duties. 2. The written notification requirements of D.C.Colo.LCivR 83.3(D) have been met

as evidenced by the attached Notification Certificate. 3. It is submitted that the foregoing constitutes good cause for withdrawal in

accordance with C.R.P.C. 1.16(a)(3). 4. This action is not scheduled for any hearings at this time. This matter has been

administratively stayed since April 9, 2003. WHEREFORE, the undersigned respectfully requests that this Court grant this Motion and enter an Order permitting withdrawal from this case as counsel for GLN Compliance Group, Inc. Dated: 25 May 2007. Respectfully Submitted

s/ Richard O. Schroeder Richard O. Schroeder, #27616 Richard O. Schroeder, PC 8191 Southpark Lane, Suite 211 Littleton, Colorado 80120 Telephone: 303.683.3691 Facsimile: 303.683.4493 E-mail: [email protected] Attorney for Plaintiff

Case 1:01-cv-02313-JLK

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CERTIFICATE OF SERVICE I certify that I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to: Mark Barnes, Esq. Brownstein Hyatt & Farber, P.C. 410 17th Street, 22nd Flr. Denver, CO 80202 [email protected] Via First Class Mail Only Gerald Naekel GLN Compliance Group 12835 E Arapahoe Rd Ste 1-600 Centennial CO 80112-6726 Stephen D. Gurr, Esq. Elzi, Pringle & Gurr 950 17th Street, Suite 1875 Denver, CO 80202 [email protected] Courtesy Copy Via Email Micha E. Marcus, Esq. Kirkland & Ellis, LLP 200 E Randolph Dr Chicago, IL 60601 [email protected]

Dated: 25 May 2007 s/ Richard O. Schroeder Richard O. Schroeder, #27616 Richard O. Schroeder, PC 8191 Southpark Lane, Suite 211 Littleton, Colorado 80120 Telephone: 303.683.3691 Facsimile: 303.683.4493 E-mail: [email protected] Attorney for Plaintiff