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

Case 1:01-cv-02313-JLK

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Filed 06/17/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil action No. 01-cv-02313-JLK-CBS

GLN COMPLIANCE GROUP, INC., Plaintiff, v. UNITED AIRLINES, INC., d/b/a UNITED BIZJET HOLDINGS, BIZJET CHARTERS, INC., AND BIZJET SERVICES, INC., and JONATHAN ROSS Defendants, v. GERALD NAEKEL, Third- Party Defendant. _____________________________________________________________________________ NOTICE OF WITHDRAWAL AS ATTORNEYS FOR PLAINTIFF GLN COMPLIANCE GROUP, INC. AND THIRD-PARTY DEFENDANT GERALD NAEKEL ______________________________________________________________________________ PLEASE TAKE NOTICE that Elizabeth A. Starrs and Daniel A. Wartell, of the law firm Starrs Mihm & Caschette LLP, have moved to withdraw as counsel for GLN Compliance Group, Inc. ("GLN") and Gerald Naekel pursuant to D.C.COLO.LCivR 83.3(D), and hereby state and notify GLN and Gerald Naekel of the following:

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Case 1:01-cv-02313-JLK

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1.

GLN and Gerald Naekel are hereby notified that from the date of entry of an

Order permitting withdrawal, both GLN and Gerald Naekel will be personally responsible for complying with all court orders and time limitations established by any applicable rules. The current pending deadlines in this matter are set forth below, and can also be found on the attached Stipulated Scheduling and Discovery Order entered by Judge Kane on February 26, 2008. 2. GLN and Gerald Naekel are further notified that GLN Compliance Group, Inc., as

a corporation, is not permitted to represent itself and appear without counsel who is admitted to practice before the United States District Court for the District of Colorado. As a result, substitute counsel will be required to timely enter his or her appearance. Absent substitute counsel's timely entry of appearance, all pleadings, motions, and other papers may be stricken, and default judgment or other sanctions may be imposed against GLN. 3. GLN and Gerald Naekel are notified of the following pending deadlines: a. The parties shall designate all experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before July 16, 2008. b. The parties shall designate all rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before August 18, 2008.

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c. Notwithstanding the provisions of Fed. R. Civ. P. 26(a)(2), no exception to the requirements of the rule will be allowed by stipulation of the parties unless the stipulation is approved by the court. d. The deadline for Daubert Motions September 18, 2008. e. The discovery cut-off is January 16, 2009. f. The deadline to file dispositive motions, including motions for summary judgment, is February 16, 2009. g. A trial date has not been set. h. Defendant's discovery requests, including interrogatories, requests for the production of documents, and requests for admissions, were served on GLN and Gerald Naekel June 11, 2008. GLN's and Gerald Naekel's responses to these discovery requests are due within thirty (30) days from the date they were served. Failure to respond to these discovery requests in a timely manner may result in sanctions or in the matter referenced therein being deemed admitted. 4. GLN and Gerald Naekel are hereby notified of their personal responsibility in

proceeding and complying with all court orders, pending deadlines and time limitations as set forth above and in the attached Stipulated Scheduling and Discovery Order.

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Case 1:01-cv-02313-JLK

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Dated June 17, 2008

s/ Elizabeth A. Starrs Elizabeth A. Starrs Daniel A. Wartell STARRS MIHM & CASCHETTE LLP 707 Seventeenth Street, Suite 2600 Denver, CO 80202 Telephone: 303-592-5900 Facsimile: 303-592-5910 [email protected] [email protected] Attorneys for GLN Compliance, Inc. and Gerald Naekel

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CERTIFICATE OF MAILING Te undersigned hereby certifies that on June 17, 2008, a true and correct copy of the foregoing NOTICE OF WITHDRAWAL AS ATTORNEYS FOR GLN COMPLIANCE GROUP, INC. AND GERALD NAEKEL was served via CM/ECF and via U.S. Mail and/or email to the following: VIA FILE AND SERVE Stephen D. Gurr, Esq. Amy Arlander, Esq. Kamlet Shepherd & Reichert LLP 1515 Arapahoe Street, Tower 1, Suite 1600 Denver, Colorado 80202 VIA U.S. MAIL AND ELECTRONIC MAIL GLN Compliance Group, Inc. 12835 East Arapahoe Road Tower ­ 1, Suite 600 Centennial, CO 80112 VIA U.S. MAIL AND ELECTRONIC MAIL Mr. Gerald Naekel 12835 East Arapahoe Road Tower ­ 1, Suite 600 Centennial, CO 80112 [email protected]

/s/ Melissa Sergent Melissa Sergent

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