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

Case 1:04-cv-01099-JLK-DW

Document 242

Filed 09/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1099-JLK-DLW WOLF CREEK SKI CORPORATION, INC., Plaintiff/Counterclaim Defendant, v. LEAVELL-McCOMBS JOINT VENTURE, d/b/a THE VILLAGE AT WOLF CREEK, Defendant/Counterclaimant.

UNOPPOSED MOTION TO WITHDRAW AS COUNSEL OF RECORD

Sally Berg, one of the counsel for Defendant/Counterclaimant Leavell-McCombs Joint Venture d/b/a The Village at Wolf Creek (the "Joint Venture"), hereby files this Unopposed Motion to Withdraw as Counsel of Record and states as follows: 1. Ms. Berg is currently one of six attorneys from the law firm of Moriarty

Leyendecker Erben PC and she has entered an appearance on behalf of Defendant herein. 2. Ms. Berg will no longer be working for the firm of Moriarty Leyendecker

Erben PC as of October 1, 2007. 4. 5. Ms. Berg is seeking to withdraw as counsel of record herein. No party hereto will be prejudiced by the relief requested herein, as Jim

Moriarty of Moriarty Leyendecker Erben PC will remain counsel of record for Defendants, as do their co-counsel from the law firm of Berg Hill Greenleaf & Ruscitti LLP.

Case 1:04-cv-01099-JLK-DW

Document 242

Filed 09/25/2007

Page 2 of 3

6.

Pursuant to D.C.Colo.LCivR Local Rule 7.1(A), undersigned counsel has Counsel for

conferred with opposing counsel regarding the relief requested herein. Plaintiff, Wolf Creek Ski Corporation, Inc., does not oppose this motion. WHEREFORE, Sally Berg, as one of the counsel of

record

for

Defendant/Counterclaimant the Leavell-McCombs Joint Venture d/b/a The Village at Wolf Creek respectfully requests that the court enter an order allowing her to withdraw as counsel of record herein. (A proposed order granting this relief is provided herewith). Respectfully submitted this 25th day of September, 2007.

MORIARTY LEYENDECKER ERBEN PC By: /s/ Sally P. Berg Sally P. Berg 1123 Spruce Street, Suite 200 Boulder, Colorado 80302 Sally Berg (800) 877-7095 (713) 528-1390 Attorneys for Defendant

Case 1:04-cv-01099-JLK-DW

Document 242

Filed 09/25/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 25th day of September, 2007, I electronically filed the foregoing UNOPPOSED MOTION TO WITHDRAW AS COUNSEL OF RECORD with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Andrew Shoemaker Cynthia A. Mitchell George V. Berg, Jr. Kim A. Tomey [email protected] [email protected] [email protected] [email protected]

/s/ Christina Kim Christina Kim