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

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

Document 282

Filed 11/23/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-RB-2444 (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

Document 282

Filed 11/23/2005

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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 will file a short reply on your behalf. 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. If the court denies your Motion to Review Taxation of Costs, you have

thirty days to file a notice of appeal with the district court. 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

Document 282

Filed 11/23/2005

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Dated: 22nd day of November, 2005. s/ D. Sean Velarde D. Sean Velarde BURNS, FIGA & WILL, P.C. 6400 S. Fiddlers Green Cir., #1030 Englewood, CO 80111 Telephone: 303-796-2626 Attorneys for Plaintiff Kevin Rutherford s/David M. Pittinos David M. Pittinos BURNS, FIGA & WILL, P.C. 6400 S. Fiddlers Green Cir., #1030 Englewood, CO 80111 Telephone: 303-796-2626 Attorneys for Plaintiff Kevin Rutherford

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

Document 282

Filed 11/23/2005

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CERTIFICATE OF SERVICE I hereby certify that on November 23, 2005, 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/ Ruth Rouse Ruth Rouse

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