Free Motion to Withdraw - District Court of Colorado - Colorado

Case 1:00-cv-01000-JLK-BNB

Document 135

Filed 09/04/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-1000 RAS HOLDING CORP., a Delaware Corporation, et. al., Plaintiffs, v. DR. HOWARD N. STRAUB, a Colorado resident, et. al., Defendants.

MOTION TO WITHDRAW AS COUNSEL OF RECORD Gary Lozow of the law firm Isaacson Rosenbaum P.C. resubmits his request to withdraw as counsel of record for the Defendants Dr. Howard N. Straub, Colorado Eye Institute, PC, and RestorVision, Inc. and as grounds therefore states as follows: 1. The case has been administratively closed. 2. Previous co-counsel who had extensive patent experience has withdrawn from representation of the Defendants in this matter. 3. Present counsel does not have sufficient wherewithal to carry on in the representation of the Defendants in light of the absence of the patent co-counsel. 4. Counsel has conferred with his client and has advised his client of this Motion and Defendant has no objection to this request to withdraw. 5. Counsel has made a good-faith effort to resolve the differences between the parties and has been unsuccessful.

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Case 1:00-cv-01000-JLK-BNB

Document 135

Filed 09/04/2007

Page 2 of 3

6. In light of the present posture of the case, the Defendant will have adequate time to secure appropriate counsel if necessary. 7. Counsel cannot serve in a meaningful and knowledgeable capacity in light of the present posture of representation in this case. CERTIFICATION 8. Pursuant to D.C.COLO.LCivR 7.1, undersigned counsel has conferred with Texas counsel for the Plaintiffs. Counsel for the Plaintiffs are objecting to said withdrawal unless new counsel enters an appearance. 9. In compliance with D.C.COLO.L.CivR 83.3(D), undersigned counsel certifies that copies of this motion and the attached mandatory notice have been served upon his clients. WHEREFORE, counsel respectfully requests that this Honorable Court grant his Motion to Withdraw for the above stated reasons. Respectfully submitted this 4th day of September, 2007.

BY: s/ Gary Lozow________________ GARY LOZOW ISAACSON ROSENBAUM, P.C. 633 17th Street, Suite 2200 Denver, CO 80202 Phone: 303-292-5656 Fax: 303-292-3152 ATTORNEYS FOR DEFENDANTS DR. HOWARD N. STRAUB, et.al

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Case 1:00-cv-01000-JLK-BNB

Document 135

Filed 09/04/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on September 4, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all counsel of record and have mailed the foregoing to the following non-CM/ECF participants by U.S. Mail, postage prepaid, addressed to the following: Colorado Eye Institute, P.C. c/o Dr. Howard N. Straub The Eye Center at Valley Medical Center 3915 Talbot Road South Renton, Washington 98055 RestorVision, Inc. Mr. Larry Deutsch 1 Mountainview Road Greenwood Village, Colorado 80111 Dr. Howard N. Straub c/o The Eye Center at Valley Medical Center 3915 Talbot Road South Renton, Washington 98055 s/ Gary Lozow Gary Lozow

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