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

Case 1:04-cv-01109-WDM-PAC

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Filed 10/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-1109-WDM-PAC MARK A. JOHNS and LISA JOHNS, Plaintiffs, v. GENIE INDUSTRIES, INC., n/k/a TEREX CORPORATION, a foreign corporation; UNITED RENTALS, INC., a foreign corporation; KELCH CORPORATION; and BONAR PLASTICS, INC., Defendants. _____________________________________________________________________________ MOTION TO WITHDRAW ______________________________________________________________________________ Steven J. Dawes, pursuant D.C.COLO.LCivR 83.3(D), hereby moves to withdraw as counsel of record for Defendant Kelch Corporation, stating as follows: 1. I have entered an appearance as counsel for Defendant Kelch Corporation

(hereinafter "Defendant"). I now seek entry of an Order permitting me to withdraw as counsel for Defendant. 2. Good cause exists for granting this motion, as Defendant has agreed to the

retention of another attorney, David Nowak, of the law firm of White and Steele, P.C., to represent Defendant in this action. 3. Defendant. Mr. Nowak has entered his appearance as counsel of record on behalf of

Case 1:04-cv-01109-WDM-PAC

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4.

Pursuant to D.C.COLO.LCivR 83.3(D), a copy of this motion is being sent to Mr.

John Howell, General Counsel for Defendant's parent corporation. Mr. Howell has already been advised that I am seeking to withdraw as counsel of record for Defendant and that Mr. Nowak will represent Defendant. 5. As D.C.COLO.LCivR 83.3(D), requires, notice is hereby given to Defendant,

through copy of this motion to Mr. Howell, of the following: (1) Defendant, itself, is responsible for complying with all Court orders and time limitations established by any applicable rules; and (2) Because Defendant is a corporation, it cannot appear without counsel admitted to practice before the Court, and absent prompt appearance of substitute counsel, pleadings, motions, and other papers may be stricken, and default judgment or other sanctions may be imposed against Defendant. 6. Notwithstanding that such notice is required to be provided by the undersigned to

Defendant, because Mr. Nowak has entered his appearance as counsel for Defendant, he will be responsible, on behalf of Defendant, for complying with all court orders and time limitations established by any applicable rules. 7. Defendant should not be prejudiced by granting this motion, given that Mr.

Nowak has entered his appearance as counsel for Defendant. 8. Pursuant to D.C.COLO.L.CivR. 7.1 (A), I herby certify that I have addressed the

subject of this motion with counsel for the other parties. WHEREFORE, for the reasons set forth above, I, Steven J. Dawes, respectfully request that the Court grant this motion and permit me to withdraw as counsel for Defendant Kelch Corporation.

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RESPECTFULLY SUBMITTED, s/ Steven J. Dawes Steven J. Dawes Light, Harrington & Dawes, P.C. 1512 Larimer St., Suite 300 Denver, CO 80202 Telephone: 303-298-1601 Facsimile: 303-298-1627 Email: [email protected]

CERTIFICATE OF ELECTRONIC SERVICE I hereby certify that on October 21, 2005 I electronically filed the foregoing MOTION TO WITHDRAW AS COUNSEL OF RECORD FOR DEFENDANT KELCH CORPORATION with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following email addresses:

[email protected] (William Lawrence Keating, Esq.) [email protected] (Lawrence J. Schoenwald, Esq.) [email protected] (Hugh Gottschalk, Esq.) [email protected] (Craig R. May, Esq.) [email protected] (C. Michael Montgomery, Esq.) [email protected] (Janet Belcher Martin, Esq.)

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I also certify that I have sent the foregoing to the following non-CM/ECF participant by U.S. mail, postage prepaid, and by facsimile, this 21st day of October 2005: Mr. John Howell, General Counsel Bemis Manufacturing 300 Mill St. Sheboygan Falls, WI 53085-0901 Fax: 920-467-5226 s/ Steven J. Dawes Steven J. Dawes Light, Harrington & Dawes, P.C. 1512 Larimer St., Suite 300 Denver, CO 80202 Telephone: 303-298-1601 Facsimile: 303-298-1627 Email: [email protected]

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