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

Case 1:04-cv-00701-LTB-MJW

Document 38

Filed 07/15/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Lewis T. Babcock, Chief Judge Civil Case No. 04-cv-00701-LTB-MJW NICOLAS MEDRANO, Plaintiff, v. KARL SCHERCK, Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ Counsel for the plaintiff, Nicolas Medrano (" Medrano" filed motions to withdraw after ), several unsuccessful attempts to contact Mr. Medrano resulted in counsel' inability meaningfully s to participate in litigation of the case. Counsel informed me that Mr. Medrano had left the country. The defendant, Karl Scherck (" Scherck" then moved for dismissal for lack of prosecution. ), Mr. Medrano' attorneys now state that they have located Mr. Medrano and are scheduled s to meet with him on July 20, 2005 at 1:00 P.M.. They represent that Mr. Medrano intends to pursue his claims in this case. Based upon the representations of Mr. Medrano' counsel, I ORDER that: s

Case 1:04-cv-00701-LTB-MJW

Document 38

Filed 07/15/2005

Page 2 of 2

1) the motions to withdraw [19 and 26] are DENIED without prejudice; 2) the motion to dismiss for lack of prosecution [31] is HELD IN ABEYANCE until August 1, 2005; and 3) Mr. Medrano shall on or before August 1, 2005, by his counsel, file a supplemental response to Mr. Scherck' motion to dismiss for lack of prosecution. s Dated: July 15 , 2005, in Denver, Colorado. BY THE COURT:

s/Lewis T. Babcock Lewis T. Babcock, Chief Judge