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

Case 1:04-cv-01067-MSK-CBS

Document 263

Filed 08/15/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1067-MSK-CBS WILLIAM R. CADORNA, Plaintiff, v. CITY AND COUNTY OF DENVER, COLORADO, a municipal corporation, Defendant. UNOPPOSED MOTION TO WITHDRAW AS CO-COUNSEL FOR DEFENDANT, CITY AND COUNTY OF DENVER, COLORADO Richard P. Barkley, Esq. ("Mr. Barkley "), with the law firm of Brownstein Hyatt Farber Schreck, LLP, hereby moves for leave to withdraw as co-counsel of record for Defendant, City and County of Denver, Colorado ("Denver"). In support of this motion to withdraw, Mr. Barkley states the following: CERTIFICATE PURSUANT TO D.C. COLO. L. CIV. R. 7.1(A) Pursuant to D.C. Colo. L. Civ. R. 7.1(A), Mr. Barkley certifies that he conferred with Mark E. Brennan ("Mr. Brennan"), the counsel for Plaintiff, William R. Cadorna, about the relief sought by this motion to withdraw. Mr. Brennan stated that his client did not oppose the requested relief. 1. Mr. Barkley entered his appearance in this matter by filing a Notice of

Appearance on October 3, 2006. The role for which Mr. Barkley was retained was to assist the City and County of Denver ("Denver") in preparing post-trial and appeal papers in this case.

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Accordingly, for all intents and purposes he has not been involved in this case since Denver's motion for a new trial was granted in September 2007. 2. Denver has active co-counsel in this matter, Franklin Nachman and Christopher

M.A. Lujan, both of whom will remain as counsel of record for Denver. 3. Prior to filing this motion to withdraw, Mr. Barkley gave notice of it to Denver in

a telephone conference with Mr. Lujan. Mr. Lujan agreed, on behalf of Denver, that in light of Mr. Barkley's limited role, withdrawal at this time was appropriate. 4. As noted in the Local Rule 7.1A certification set forth above, Mr. Barkley also

gave notice of this motion to withdraw to Plaintiff, Mr. Cadorna, by communicating with his counsel, Mr. Brennan. 5. Additionally, copies of this Motion, the Notice, and a proposed Order are being

served on Messrs. Brennan, Lujan, and Nachman. 6. In compliance with the advisement requirements of D.C.Colo.L.Civ.R. 83.3D,

co-counsel advises and gives notice to Denver of the following: a. That Richard P. Barkley of the firm of Brownstein Hyatt Farber Schreck, LLP, desires to withdraw as co-counsel on behalf of Denver in the above-captioned matter; b. That the United States District Court for the District of Colorado will retain jurisdiction over Denver, and over the subject matter of this action;. c. That Denver is personally responsible for complying with all Court orders and time limitations established by any applicable rules; d. That Denver, as a legal entity, cannot appear without counsel admitted to practice before this Court. Further, although Denver is already represented by co-counsel,

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Case 1:04-cv-01067-MSK-CBS

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Rule 83.3D requires that Denver be notified that 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. 7. The withdrawal of Mr. Barkley will not affect the non-evidentiary hearing on the

law and motion calendar set for August 15, 2008 at 11:15 a.m., or any other deadline set by the Court or the Federal Rules of Civil Procedure 8. withdraw. 9. For the convenience of the Court, a proposed Order is attached. Under these circumstances, it is appropriate for the Court to grant this motion to

ACCORDINGLY, undersigned counsel requests the Court to enter an Order authorizing his withdrawal in the above-captioned case. Respectfully submitted this 15th day of August, 2008. BROWNSTEIN HYATT FARBER SCHRECK, LLP By:_s/ Richard P. Barkley_________ Richard P. Barkley 410 Seventeenth Street, Suite 2200 Denver, Colorado 80202-4437 (303) 223-1100 ATTORNEYS FOR DEFENDANT

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Case 1:04-cv-01067-MSK-CBS

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CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 15th day of August, 2009, a true and correct copy of the foregoing UNOPPOSED MOTION TO WITHDRAW AS CO-COUNSEL FOR DEFENDANT, CITY AND COUNTY OF DENVER, COLORADO was served via the CM/ECF system to the following: Mark E. Brennan, Esq. Mark E. Brennan, P.C. P.O. Box 2556 Centennial, Colorado 80161 Email: [email protected] Frank A. Nachman, Esq. Christopher M.A. Lujan, Esq. Assistant City Attorneys Denver City Attorney's Office 201 W. Colfax Ave., Dept. 1108 Denver, CO 80202

s/ Paulette M. Chesson_______ Paulette M. Chesson, Paralegal

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