Free Notice (Other) - District Court of Colorado - Colorado

Case 1:00-cv-02444-REB-PAC

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-CV-2444-REB-PAC ______________________________________________________________________ KEVIN J. RUTHERFORD, Plaintiff, v. DR. LOUIS CABILING, Defendants. ______________________________________________________________________ NOTICE OF WITHDRAWAL ______________________________________________________________________ 1. D. Sean Velarde and David M. Pittinos, pursuant to D.C.COLO.L.Civ.R

83.3(d), have filed a Motion to Withdraw as counsel in the above-entitled action. 2. Undersigned counsel accepted this case through the Faculty of Federal

Advocates Pro Bono Program. 3. A judgment was entered by this Court against plaintiff and in favor of

defendant on September 14, 2005. The defendant was awarded costs to be taxed by the Clerk of the Court. 4. 5. On September 26, 2005 defendant filed a bill of costs. On October 18, 2005, undersigned counsel represented you at the bill of

costs hearing before the clerk of the court. The defendant sought costs in the amount of $9,908.88. Over our objections, the clerk taxed costs against you in the amount of $2,553.20.

Case 1:00-cv-02444-REB-PAC

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6.

On October 24, 2005, undersigned counsel filed a Motion to Review

Taxation of Costs and requested that the court vacate the costs taxed against you. Defendant filed a response. As our last act of representation of you, we filed a reply on your behalf. On August 10, 2006, the court denied your Motion to Review Taxation of Costs and ordered you to pay the costs taxed against you in the amount of $2,553.20. 7. Your fee agreement with undersigned counsel states that the

representation shall continue through trial or the dismissal of the case on the merits. Undersigned will provide no further representation pursuant to the fee agreement. 8. You have thirty days from August 10, 2006 to file a notice of appeal

regarding your Motion to Review Taxation of Costs. As we previously discussed, this firm will not represent you in an appeal. You will have the burden to prepare an appeal or hire other counsel to prepare an appeal. 9. You are responsible for complying with all court orders and time limitations

established by any and all applicable rules. 10. The United States District Court for the District of Colorado retains

jurisdiction over your case. 11. You have the burden of keeping the court informed where notices,

pleadings, or other papers may be served. 12. The dates of future proceedings will not be affected by the withdrawal of

Mr. Velarde and Mr. Pittinos. 13. If you fail or refuse to meet these burdens, your right to appeal a decision

regarding the Motion to Review Taxation of Costs may be jeopardized.

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Case 1:00-cv-02444-REB-PAC

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Dated: 14th day of August, 2006. s/ D. Sean Velarde D. Sean Velarde BURNS, FIGA & WILL, P.C. 6400 S. Fiddlers Green Cir., #1000 Greenwood Village, CO 80111 Telephone: 303-796-2626 FAX: 303-796-2777 [email protected] Attorneys for Plaintiff Kevin Rutherford s/ David M. Pittinos David M. Pittinos BURNS, FIGA & WILL, P.C. 6400 S. Fiddlers Green Cir., #1000 Greenwood Village, CO 80111 Telephone: 303-796-2626 FAX: 303-796-2777 [email protected] Attorneys for Plaintiff Kevin Rutherford

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CERTIFICATE OF SERVICE I hereby certify that on August 14, 2006, I electronically filed the foregoing NOTICE OF WITHDRAWAL with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Daniel Christopher, Esq. David W. Gerbus, Esq. Molly Anne Walsh, Esq. Kennedy & Christopher P.C. 1050 17th St., #2500 Denver, CO 80265 [email protected] Joseph P. Sanchez Assistant Attorney General Litigation Section 1525 Sherman Street 5th Floor Denver, CO 80203 [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non-CM/ECF participant in the manner indicated by the non-participant's name: By U.S. Mail Kevin J. Rutherford 2815 Wood Avenue Colorado Springs, CO 80907

s/ David M. Pittinos David M. Pittinos BURNS, FIGA & WILL, P.C. 6400 S. Fiddlers Green Cir., #1000 Greenwood Village, CO 80111 Telephone: 303-796-2626 FAX: 303-796-2777 [email protected] Attorneys for Plaintiff Kevin Rutherford

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