Free Motion to Withdraw - District Court of Colorado - Colorado

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

Document 104

Filed 08/17/2006

Page 1 of 3

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.

MOTION TO WITHDRAW ATTORNEY JON A. HALABY

Seaman, Giometti & Murphy, P.C., as counsel for Defendant Progressive Casualty Insurance Company (hereinafter referred to as AProgressive@), and pursuant to D.C.Colo.L.CivR 83.3(D), hereby files its Motion to Withdraw Attorney Jon A. Halaby, as follows: 1. Pursuant to D.C.Colo.L.CivR 83.3(D), A[a]n attorney who has appeared in a case

may seek to withdraw on motion showing good cause.@ The withdrawal will be effective Aonly 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.@ 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

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

Document 104

Filed 08/17/2006

Page 2 of 3

of Seaman, Giometti & Murphy, P.C. WHEREFORE, Seaman, Giometti & Murphy, P.C., respectfully requests that the Court grant its Motion to Withdraw Attorney Jon A. Halaby, finding that good cause exists for said withdrawal. Respectfully submitted this 17th 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

Filed 08/17/2006

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CERTIFICATE OF MAILING I hereby certify that on this 17th day of August, 2006, a true and correct copy of the above and foregoing MOTION TO WITHDRAW ATTORNEY JON A. HALABY was electronically transmitted the Clerk of the Court using the ECF System for filing and addressed to:

s/ Sherry J. Cook