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

Case 1:04-cv-01164-REB-BNB

Document 69

Filed 01/04/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-RB-1164 (BNB) SCOTT CHAMBERLAIN, individually; INTREPID, L.L.C., an Arizona limited-liability company; WILLIAM D. BALOUGH, individually; JANICE M. BALOUGH, individually; JEFFERY M. TAYLOR, individually; and TAYLOR RESTAURANT HOLDINGS, L.L.C., an Arizona limited-liability company, Plaintiff(s), v. QUIZNO'S FRANCHISING L.L.C., a Colorado limited-liability company, THE QUIZNOS FRANCHISE COMPANY, Colorado limited liability company; and THE QUIZNO'S MASTER, L.L.C., a Colorado limited-liability company; Defendant(s). NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL TO: SCOTT CHAMBERLAIN; WILLIAM D. BALOUGH, JANICE M. BALOUGH and INTREPID, L.L.C., 302 Chesapeake Ave. P.O. Box 4874, Annapolis, MD 21403; JEFFERY M. TAYLOR and TAYLOR RESTAURANT HOLDINGS, L.L.C., 1409 W. Clear Springs Drive, Gilbert, AZ 85233; LEONARD H. MACPHEE and CHANTELL L. TAYLOR, Perkins Coie LLP, 1899 Wynkoop Street, Suite 700, Denver, CO 80202; and FREDRIC A. COHEN, Piper Rudnick, 203 North LaSalle Street, Suite 1800, Chicago, IL 60601 PLEASE TAKE NOTICE that as soon as Dady and Garner, P.A. can reasonably be heard, in the courtroom of Judge Robert E. Blackburn, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, Dady and Garner, P.A. will bring a Motion to Withdraw as Plaintiffs' counsel in the above-captioned action. Such motion is made pursuant to District Court of Colorado Local Civil Rule 83.3(D). THE ABOVE-NAMED PLAINTIFFS ARE HEREBY PUT ON NOTICE THAT

Case 1:04-cv-01164-REB-BNB

Document 69

Filed 01/04/2006

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EACH OF THEM, PERSONALLY, IS RESPONSIBLE FOR COMPLYING WITH ALL COURT ORDERS AND TIME LIMITATIONS ESTABLISHED BY ANY APPLICABLE RULES. THE ABOVE-NAMED PLAINTIFF LIMITED LIABILITY COMPANIES ARE HEREBY NOTIFIED THAT SAID ENTITIES CANNOT APPEAR WITHOUT COUNSEL ADMITTED TO PRACTICE BEFORE THIS COURT, AND ABSENT A PROMPT APPEARANCE OF SUBSTITUTE COUNSEL, PLEADINGS, MOTIONS, AND OTHER PAPERS MAY BE STRICKEN, AND DEFAULT JUDGMENT OR OTHER SANCTIONS MAY BE IMPOSED AGAINST THE SAID ENTITY. MOTION The firm of Dady & Garner, P.A. ("Dady & Garner") moves this Court for an Order granting its Motion to Withdraw as Counsel in the above-captioned action for good cause, pursuant to District Court of Colorado Local Civil Rule 83.3(D). Such withdrawal is based on the Plaintiffs' repeated failure to pay Dady & Garner in accordance with the fee agreements between the parties. Dady & Garner consistently has made good-faith efforts to accommodate the Plaintiffs' financial situation to no avail. Currently, the above-named plaintiffs are jointly and severally liable for the sum of $47,896.75 due and owing Dady & Garner. Further details demonstrating there is good cause to withdraw are set forth in Dady & Garner's accompanying Memorandum in Support of its Motion to Withdraw. Dady & Garner respectfully asks this Court to rule on this Motion expeditiously, as the United States Court of Appeals for the Tenth Circuit issued an Order on December 22, 2005, giving Plaintiffs thirty days from the date of the Order to get a final and appealable judgment pursuant to Federal Rule of Civil Procedure 54(b).

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Case 1:04-cv-01164-REB-BNB

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Filed 01/04/2006

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Dated this 30th day of December, 2005.

s/ Scott E. Korzenowski Scott E. Korzenowski DADY & GARNER, P.A. 4000 IDS Center 80 South Eighth Street Minneapolis, MN 55402 PH: 612-359-9000 FX: 612-359-3507 Email: [email protected] Attorneys for Plaintiffs

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