Free Motion to Withdraw - District Court of Colorado - Colorado

Case 1:00-cv-01031-RPM-OES

Document 135

Filed 07/20/2005

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Civil Action No. 00-M-1031 ______________________________________________________________________________ RAFI M. KHAN, Plaintiff, v. NEW FRONTIER MEDIA, INC., et al., Defendants. ______________________________________________________________________________ MOTION TO WITHDRAW ______________________________________________________________________________ Frank W. Visciano and Luis A. Toro, undersigned co-counsel for Defendants New Frontier Media, Inc. and Michael Weiner, for the reasons stated herein, respectfully request that the Court enter an order allowing the undersigned to withdraw as Defendants' counsel. 1. Pursuant to D.C. Colo. LCiv.R. 7.1.A, the undersigned certifies that he has conferred

with counsel for Plaintiff, and is authorized to state that Plaintiff does not oppose this motion. 2. Defendants have retained as co-counsel Richard S. Vermeire and Norton Cutler of the

law firm of Perkins Coie, LLP. Messrs. Vermeire and Cutler filed their entry of appearance on or about June 22, 2004, and will try this case as scheduled (July 25-27, 2005). Mr. Vermeire has been notified by Plaintiff's counsel that Plaintiff does intend to call Mr. Visciano as a witness at trial. 3. Based on the foregoing, the undersigned hereby move for permission to withdraw

from further representation of Defendants in this matter.

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Case 1:00-cv-01031-RPM-OES

Document 135

Filed 07/20/2005

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4.

Notice of this Motion is being served on Defendants, who have been, and are advised

pursuant to D.C.COLO.LCivR. 83.3 D, that Defendants are responsible for complying with Court orders and time limitations established by any applicable rules; that Defendant New Frontier Media, Inc. cannot appear without counsel admitted to practice before this Court; and 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 New Frontier Media, Inc. WHEREFORE, the undersigned counsel respectfully requests that the Court enter an Order granting them permission to withdraw from further representation of Defendants in this action.

DATED: July 20, 2005.

s/ Frank W. Visciano Frank W. Visciano #7274 Senn Visciano Kirschenbaum Merrick, PC 1801 California Street, #4300 Denver, CO 80202 (Phone) 303-298-1122 (Fax) 303-296-9101 E-Mail: [email protected] s/ Luis A. Toro Luis A. Toro, #22093 Senn Visciano Kirschenbaum Merrick, PC 1801 California Street, #4300 Denver, CO 80202 (Phone) 303-298-1122 (Fax) 303-296-9101 E-Mail: [email protected] CO-COUNSEL FOR DEFENDANTS NEW FRONTIER MEDIA, INC. AND MICHAEL WEINER

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Case 1:00-cv-01031-RPM-OES

Document 135

Filed 07/20/2005

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CERTIFICATE OF SERVICE I hereby certify that on July 20, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Saied Kashani Foley & Lardner, LLP 2029 Century Park East, 35th Floor Los Angeles, CA 90067 Attorney for Plaintiff Rafi Khan Richard S. Vermeire, Esq. Norton Cutler, Esq. Perkins Coie, LLP 1899 Wynkoop St., #700 Denver, CO 80202 Attorneys for Defendants Michael Weiner and New Frontier Media, Inc. And I certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Via U.S. Mail Mr. Michael Weiner New Frontier Media, Inc. 7007 Winchester Circle, #200 Boulder, CO 80301 Via U.S. Mail George Sawicki, Esq. New Frontier Media, Inc. 7007 Winchester Circle, #200 Boulder, CO 80301 s/ Frank W. Visciano Frank W. Visciano #7274 Senn Visciano Kirschenbaum Merrick, PC 1801 California Street, #4300 Denver, CO 80202 (Phone) 303-298-1122 (Fax)303-296-9101 E-Mail: [email protected]

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