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

Case 1:01-cv-00275-JLK

Document 896

Filed 03/07/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. ül-cv-ü275-JLK

DOMINICK P AOLONI, et. aI.,
Plaintiffs,
v.

DONALD I. GOLDSTEIN, et. aI.,
Defendants.

and, NBSA , LLC, et. aI.,
Relief Defendants.

MOTION TO WITHDRAW APPEARANCE

Pursuant to Rule 83.3(D) of

the Local Rules of

Practice of

this Court, Paul F. Hultin and

Wheeler Trigg Kennedy LLP (collectively referred to as WTK) hereby fie this Motion to
Withdraw Appearance for Joe Ieracitano and Blue Paper, Inc. (collectively referred to as The
Clients).

As a statement of good cause WTK shows the Court:

1. The Clients have failed and refused to communicate with WTK in a timely,

candid and reliable manner about the factual and business situation involving the clients' affairs

in Florida and about the clients' plans and intentions. These failures to communicate have made

it impossible for WTK to act in an ethical, timely and responsible manner as counsel for the
Clients.

Case 1:01-cv-00275-JLK

Document 896

Filed 03/07/2007

Page 2 of 4

2. The Clients have failed to pay the fees and costs that have accrued pursuant to

their retainer agreement with WTK. It has been several years since WTK has received any
payment on the Clients' outstanding delinquent balance.
3. On March 7,2007, WTK served written Notice of

Withdrawal to the Clients by

fax and certified mail, return receipt requested. The Notice of

Withdrawal advised the Clients

that should the Court enter an Order granting this Motion to Withdraw Appearance that the

Clients will be responsible for complying with all court orders and applicable rules, that Blue
Paper, Inc. cannot appear without counsel admitted to practice before the United States District

Court for the District of Colorado, and absent prompt appearance of substitute counsel for Blue

Paper, Inc., pleadings, motions and other papers may be stricken and default judgment and other
sanctions may be imposed against Blue Paper, Inc.

3. A copy of

this Motion to Withdraw Appearance has been served by fax and

certified mail, return receipt on the Clients.
4. Undersigned counsel has consulted with Jack Hutchings, counsel for Plaintiff

regarding this Motion to Withdraw and Mr. Hutchings advised that he had no objection to the
motion.

Wherefore, WTK respectfully requests that the Court enter an Order in the form attached
allowing WTK to withdraw as counsel for the Clients

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Case 1:01-cv-00275-JLK

Document 896

Filed 03/07/2007

Page 3 of 4

Respectfully submitted this 7th day of

March, 2007.

s/Paul F. Hultin Paul F. Hultin Wheeler Trigg Kennedy LLP 1801 California Street, Suite 3600 Denver, Colorado 80202
Telephone: (303) 292-2525

E-mail: hultin(£wtklaw.com

Attorneys for Defendants Joseph Ieracitano, and
Blue Paper, Inc.

CERTIFICA TE OF SERVICE

I hereby certify that, on March 7,2007, I electronically fied the foregoing MOTION TO
WITHDRAW APPEARANCE with the Clerk of

Court using CMÆCF System, which will send notification of such fiing to the following e-mail addresses:
. Jon Bernhardt

bernhardt(£ballardspahr. com, halboths(£ballardspahr. com, hoefler(£ballardspahr. com
. Brent Ross Cohen bcohen(£rothgerber. com
. Robert Arthur Dil

bobdill(£dillanddill. com, Icahill(£dillanddil1. com
. Daniel J. Garfield

dgarfield(£bhfs. com,krees(£bhfs. com
. Larry K. Griffs

Igriffs(£j affelaw. com, cpace(£j affelaw. com
. Paul Franklin Hultin

hultin(£wtklaw. com, hand(£wtklaw. com
. John Alonzo Hutchings

j hutchings(£dillanddil1. com, chuffman(£dillanddill. com

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Case 1:01-cv-00275-JLK

Document 896

Filed 03/07/2007

Page 4 of 4

. Michael J. Pankow

mpankow(£bhfs. com,krees(£bhfs. com
. Kevin M. Shea

shea(£ballardspahr. com, myersl(£ballardspahr. com

and I hereby certify that I have mailed the MOTION TO WITHDRAW APPEARANCE to the following non-CMÆCF participants by depositing same in the United States mail, postage prepaid, addressed to the following on March 7,2007:
Mark W olok

Surety Marketing Source LLC
4190 Telegraph Road - #2500

Bloomfield Hills, MI 48302-2079
Christopher Kevin Leigh Barthe & Leigh, LLP 2455 East Sunrise Boulevard - Suite 602 Ft. Lauderdale, Florida 33304

Joe Ieracitano (by fax and certified mail)
Blue Paper, Inc.

2608- ION. Ocean Blvd.

Pompano Beach, Florida 33062
Fax: (954) 784-0695

s/Shirley Hand for Paul F. Hultin

450211v.l

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