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

Case 1:04-cv-01135-REB-PAC

Document 61

Filed 02/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01135-REB-PAC ADRIAN OSORNIO, JESSICA WILLIAMS, MIGUEL FONTANET, ISTQUIA REYNA, BETSY MARTINEZ, AND MAYRA CARMONA Plaintiff, v. T-MOBILE USA, INC., Defendant.

MOTION TO WITHDRAW AND SUBSTITUTION OF COUNSEL

Undersigned counsel, Maria T. Lighthall and Lee T. Judd, attorneys for the Plaintiffs, Adrian Osornio, Jessica Williams, Miguel Fontanet, Istquia Reyna, and Betsy Martinez, pursuant to D.C.COLO.LCivR 83.3 (D), hereby move the Court for leave to withdraw as counsel for the Plaintiffs, and as grounds thereof state as follows: 1. Maria T. Lighthall and Lee T. Judd, while associates at Andrew T. Brake, P.C.,

represented the Plaintiffs with Andrew T. Brake and Brian L. Lewis, also attorneys with Andrew T. Brake, P.C. Ms. Lighthall is terminating her employment with Andrew T. Brake, P.C. as of February 28, 2006 and will be joining the firm of Senter, Goldfard & Rice, LLC. Mr. Judd will also be terminating his employment with Andrew T. Brake, P.C. as of February 28, 2006, but will remain in an "Of Counsel" position. 2. Plaintiffs have been notified of the withdrawal of Ms. Lighthall and Mr. Judd and 1

Case 1:04-cv-01135-REB-PAC

Document 61

Filed 02/28/2006

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will continue to be represented by Brian L. Lewis and Andrew T. Brake, and because there is no lapse in the representation of Plaintiff and a substitution is being requested, the requirement to notify Plaintiffs that they are personally responsible for compliance with all court deadlines does not apply. 3. As Ms. Lighthall and Mr. Judd will no longer be employed with Andrew T.

Brake, P.C. and as Mr. Lewis and Mr. Brake will continue with representing the Plaintiffs, Ms. Lighthall and Mr. Judd respectfully request that the Court enter an order allowing them to withdraw from this case and substitute Andrew T. Brake and Brian L. Lewis of Andrew T. Brake, P.C. as counsel of record for Plaintiff. Dated this 28th day of February, 2006. Respectfully submitted,

Withdrawing counsel: s/ Maria T. Lighthall Maria T. Lighthall, Esq.

Substituting Counsel: s/ Andrew T. Brake Andrew T. Brake, Esq. Andrew T. Brake, P.C. 777 East Girard Avenue, Suite 200 Englewood, Colorado 80113 (303) 806-9000 [email protected]

s/ Lee T. Judd Lee T. Judd, Esq.

s/ Brian L. Lewis Brian L. Lewis, Esq. Andrew T. Brake, P.C. 777 East Girard Avenue, Suite 200 Englewood, Colorado 80113 (303) 806-9000 [email protected] 2

Case 1:04-cv-01135-REB-PAC

Document 61

Filed 02/28/2006

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CERTIFICATE OF SERVICE (CM/ECF) The undersigned hereby certifies that on the 28th day of February, 2006 true and correct copies of the above and foregoing MOTION TO WITHDRAW AND SUBSTITUTION OF COUNSEL were filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected]

In addition, the undersigned hereby certifies that a copy of the above listed document was mailed to the following non-CM/ECF participants by mail, postage prepaid to the following individuals: Adrian Osornio 6431 Galway Drive Colorado Springs, Colorado 80918 Betsy Martinez 2015 Springcrest Road Colorado Springs, Colorado 80920 Jessica Williams 629 Harvestfield Way Fountain, Colorado 80817 Istquia Reyna 6826 Galley Road Colorado Springs, Colorado 80915 Miguel Fontanet 2625 E. Willumette Ave., #20 Colorado Springs, Colorado 80909 Mayra Carmona 3024 N. Moonbeam Circle Colorado Springs, Colorado 80916 s/ Rebecca Smith

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