Free Motion to Withdraw - District Court of Colorado - Colorado

Case 1:04-cv-00761-WDM-BNB

Document 104-2

Filed 08/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-WM-0761 (BNB)

DEAN COLBY, Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, an Ohio Corporation Defendant.

NOTICE OF WITHDRAWAL

Seaman, Giometti & Murphy, P.C., as counsel for Defendant Progressive Casualty Insurance Company (hereinafter referred to as "Progressive"), and pursuant to D.C.Colo.L.CivR 83.3(D), hereby notices the withdrawal of attorney Jon A. Halaby from the above referenced case. As grounds therefore, Seaman, Giometti & Murphy, P.C., states as follows: 1. Pursuant to D.C.Colo.L.CivR 83.3(D), "[a]n attorney who has appeared in

a case may seek to withdraw on motion showing good cause." The withdrawal will be effective "only on court order entered after service of the notice of withdrawal on all counsel of record and on the withdrawing attorney's client. A motion to withdraw must state the reasons for withdrawal unless the statement would violate the rules of professional conduct."

Case 1:04-cv-00761-WDM-BNB

Document 104-2

Filed 08/17/2006

Page 2 of 3

2.

Mr. Halaby is no longer employed by Seaman, Giometti & Murphy, P.C.

Mr. Halaby moved to Boston, Massachusetts, and is currently employed as an attorney with a firm that is separate and unrelated to Seaman, Giometti & Murphy, P.C. 3. Defendant Progressive remains represented by lead counsel Gregory R.

Giometti of Seaman, Giometti & Murphy, P.C. WHEREFORE, Seaman, Giometti & Murphy, P.C., respectfully requests that the Court accept the notice of withdrawal of Mr. Halaby for the good cause shown in the present pleading. Respectfully submitted this 16th day of August, 2006.

/S/ Gregory R. Giometti _______________________________ Gregory R. Giometti, Esq. Seaman, Giometti & Murphy, P.C. 7730 E. Belleview Avenue, Suite 102 Greenwood Village, CO 80111 Telephone: (303) 771-2111 Fax: (303) 796-0899 E-mail: [email protected] Attorneys for Defendant Progressive Mountain Insurance Company

Case 1:04-cv-00761-WDM-BNB

Document 104-2

Filed 08/17/2006

Page 3 of 3

CERTIFICATE OF MAILING I hereby certify that on this 16th day of August, 2006, a true and correct copy of the above and foregoing NOTICE OF WITHDRAWAL was electronically transmitted the Clerk of the Court using the ECF System for filing and addressed to: Robert B. Carey, Esq. L. Dan Rector, Esq. Leif Garrison, Esq. Julie Cliff, Esq. THE CAREY LAW FIRM 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 Sherry J. Cook _____________________________