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

Case 1:04-cv-01146-LTB-CBS

Document 57

Filed 02/08/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01146-LTB-CBS GARY S. COHEN, Plaintiff, v. INFOLINK SCREENING SERVICES, INC., et al. Defendants.

MOTION FOR WITHDRAWAL OF APPEARANCE

Pursuant to D.C.COLO.LCivR 83.3D, Kyle Seedorf of the law firm of Snell & Wilmer L.L.P. respectfully requests that this Court enter an order granting his withdrawal as counsel for Defendant Phoenix Research, Inc. Ashley Krause of Snell & Wilmer L.L.P. and Matthew K. Buck of Keating Muething & Klekamp PLL shall continue to serve as counsel for Defendant Phoenix Research, Inc. Mr. Seedorf seeks to withdraw because he has accepted new employment and will not be working at Snell & Wilmer L.L.P. after February 10, 2006. CERTIFICATION REGARDING D.C.COLO.LCivR 83.3D: Undersigned counsel hereby certifies that he has provided Defendant Phoenix Research, Inc., with notice required under D.C.COLO.LCivR 83.3D. Specifically, Defendant was notified that:

Case 1:04-cv-01146-LTB-CBS

Document 57

Filed 02/08/2006

Page 2 of 3

1. Clients without counsel are personally responsible for complying with all Court orders and time limitations established by any applicable rules; and 2. As a corporation, Phoenix Research, Inc., cannot appear without counsel admitted to practice before this Court, and absent counsel, pleadings, motions, and other papers may be stricken and a default judgment or other sanctions may be imposed against Phoenix Research, Inc. CERTIFICATION REGARDING D.C.COLO.LCivR 7.1: Undersigned counsel has conferred with counsel for Plaintiff and counsel for Co-Defendant Infolink Screening Services, Inc., and neither party opposes this Motion. WHEREFORE, undersigned counsel respectfully requests that this Court issue an Order granting his withdrawal. Dated this 8th day of February, 2006. s/Kyle Seedorf Kyle Seedorf SNELL & WILMER, L.L.P. 1200 Seventeenth Street. Suite 1900 Tabor Center Denver, CO 80202 Phone (303) 634-2000 Fax (303) 634-2020 Attorneys for Defendant Phoenix Research, Inc.

Case 1:04-cv-01146-LTB-CBS

Document 57

Filed 02/08/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 8th day of February, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following at their registered e-mail addresses: Marc F. Bendinelli BENDINELLI LAW OFFICE, P.C. 11184 Huron St., Suite 10 Northglenn, CO 80234 Fax: (303) 940-9933 Attorney for Plaintiff, Gary S. Cohen C. Todd Drake Stephen J. Hensen TIEMEIER & HENSEN, P.C. 1515 Arapahoe Street, Suite 1300 Denver, CO 802020 Fax: (303) 623-1734 Attorneys for Defendant, Infolink Screening Services, Inc. And I hereby certify that I have mailed or served the document or paper to the following nonCM/ECF participants in the manner indicated by the non-participant's name: Phoenix Research, Inc. 100 Liming Farm Road P.O. Box 589 Mt. Orab, OH 45154 Via U.S. Mail

s/Rosemary Mitchell

102926.1