Free Motion to Withdraw - District Court of Colorado - Colorado

Case 1:01-cv-00275-JLK

Document 847

Filed 01/02/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-0275-JLK DOMINICK PAOLONI, et al., Plaintiffs, vs. DONALD I. GOLDSTEIN, et al., Defendants. and NBSA, LLC, et al., Relief Defendants. ______________________________________________________________________________ UNOPPOSED MOTION TO WITHDRAW AS COUNSEL ______________________________________________________________________________ Pursuant to D.C.COLO.LCivR 83.3D, undersigned counsel respectfully submit this Unopposed Motion To Withdraw As Counsel. 1. Certification Pursuant to D.C.COLO.LCivR 7.1(A). The undersigned counsel

hereby certifies that prior to filing this Motion, he conferred with opposing counsel in person, and that opposing counsel consents to the relief requested herein. 2. Various attorneys from Davis Graham & Stubbs LLP ("DGS") have served as

local counsel in this matter since the Spring of 2001. In addition to representing Defendant Mark Wolok, DGS attorneys also have acted as local counsel for "Relief Defendants" Unlimited Bond Services Agency, LLC., International Fidelity and Surety, Ltd., and International Consultants

Case 1:01-cv-00275-JLK

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Management, Ltd. Upon information and belief, all of these Defendants, other than Mr. Wolok, have been dismissed from this lawsuit. 3. Until September 1, 2006, when Plaintiffs filed a Motion for an Order to Show

Cause why Mr. Wolok should not be held in contempt of court, DGS attorneys had limited involvement in the case, acting solely in a local counsel role. 4. Since the contempt proceedings began, Mr. Wolok has accumulated a significant

amount of unpaid invoices from DGS for fees and expenses. Mr. Wolok has failed to communicate with DGS in a manner adequate and sufficient to resolve the issues surrounding his financial responsibility, he has failed to secure payment of the current outstanding fees and expenses and anticipated future fees and expenses with suitable collateral, and he has failed to fulfill promises concerning his payment responsibilities. Irreconcilable differences have arisen between the undersigned counsel and Mr. Wolok. 5. Undersigned counsel has notified Mr. Wolok of their intent to withdraw on

several occasions, both over the telephone and in writing. 6. If undersigned counsel is permitted to withdraw, Mr. Wolok will remain

represented in this action by Mr. Larry Griffis of the Jaffe, Raitt, Heuer & Weiss, P.C. law firm. Additionally, based on recent telephone calls and e-mails, undersigned counsel has learned that Mr. Wolok has retained additional, new counsel who may or may not enter an appearance in this case. 7. For the foregoing reasons, good cause exists to grant this Motion and allow

undersigned counsel to withdraw from this case.

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Case 1:01-cv-00275-JLK

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8.

In accordance with D.C.COLO.LCivR 83.3D, this Motion will be served on all

counsel of record and Mr. Wolok. Notice is hereby given to Mr. Wolok that he remains personally responsible for compliance with all of the Court's orders and rules if undersigned counsel is allowed to withdraw. 9. A proposed order granting this Motion is attached.

Dated: January 2, 2007. Respectfully submitted,

s/ Jonathan W. Rauchway Dale R. Harris Jonathan W. Rauchway DAVIS GRAHAM & STUBBS LLP 1550 Seventeenth Street, Suite 500 Denver, Colorado 80202 Telephone: (303) 892-9400 Facsimile: (303) 893-1379 E-mail: [email protected]

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Case 1:01-cv-00275-JLK

Document 847

Filed 01/02/2007

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CERTIFICATE OF SERVICE I hereby certify that on January 2, 2007, I electronically filed the foregoing UNOPPOSED MOTION TO WITHDRAW AS COUNSEL with the Clerk of the Court using CM/ECF System, which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

and I hereby certify that I have mailed UNOPPOSED MOTION TO WITHDRAW AS COUNSEL to the following non-CM/ECF participants by depositing same in the United States mail, postage prepaid, addressed to the following on January 2, 2007: Thomas B. Quinn, Esq. White & Steele 950 17th Street, 21st Floor Denver, Colorado 80202-2804 Akerman Senterfitt 350 East Las Olas Boulevard Suite 1600 Ft. Lauderdale, Florida 33301 Robert S. Harrison, Esq. Matthew D. Klakulak, Esq. Robert Harrison & Associates, PLC 240 East Merrill Street Birmingham, Michigan 48009 Mr. Gary Hoskie Professional Consultants & Managers, Inc. 1706 Surfside Drive Hutchinson Island, Florida 34949 Mr. Isadore Cohen 1920 East Hallandale Boulevard Suite 626 Hallandale, Florida 33009 Larry K. Griffis, Esq. Jaffe, Raitt, Heuer & Weiss, P.C. 27777 Franklin Road, Suite 2500 Southfield, Michigan 48034-8214

and I hereby certify that on January 2, 2007, I served a copy of this UNOPPOSED MOTION TO WITHDRAW AS COUNSEL on Mr. Wolok by e-mail and by depositing same in the United States mail, postage prepaid, addressed to: Mr. Mark Wolok Surety Marketing Source LLC 4190 Telegraph Road, Suite 2500 Bloomfield Hills, MI 48302-2079 [email protected] s/ Judy Terranova 4