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

Case 1:03-mj-01066-CBS

Document 12

Filed 08/31/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 03-1066 M UNITED STATES OF AMERICA, Plaintiff, v. DANA WEST, Defendant. _____________________________________________________________________ MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT, NOTIFICATION CERTIFICATE AND NOTICE TO COURT

Counsel for the Defendant, James F. Scherer of the WALTER L. GERASH LAW FIRM, P.C., respectfully requests leave to withdraw as counsel of record for the Defendant. As grounds for this motion, counsel state as follows: 1. Undersigned counsel has discontinued his relationship with the Walter L.

Gerash Law Firm, P.C., and will no longer be able to represent the defendant. 2. 3. Walter L. Gerash remains as counsel of record for the defendant. On information and belief, the defendant has no objection to the

undersigned's withdrawal. 4. By copy of this document mailed to the defendant, defendant Dana West

is advised as to the following information regarding the pending action, and the effect of the withdrawal from said action by the attorney: a. The undersigned attorney wishes to withdraw;

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Case 1:03-mj-01066-CBS

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b. c.

The Court shall retain jurisdiction of this matter; The client's remaining counsel has the obligation to prepare for trial. The

following proceedings are presently set in the action: None. d. e. No proceedings will be effected by the withdrawal of counsel; The client has the right to object to said withdrawal within 15 days of the

date of this notice. 5. Counsel asserts that all notification requirements have been met.

WHEREFORE, the undersigned counsel requests an Order of this Court granting permission to withdraw as counsel of record for the defendant, Dana West. Respectfully submitted this 31st day of August 2006. WALTER L. GERASH LAW FIRM, P.C. /s James F. Scherer James F. Scherer 1439 Court Place, Denver CO 80202 PH: 303-825-5400 ATTORNEYS FOR DEFENDANT

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CERTIFICATE OF SERVICE I undersigned hereby certifies that she has served a copy of the above and foregoing: MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT, NOTIFICATION CERTIFICATE AND NOTICE TO COURT upon the office of the United States Attorney, by fax transmission only, properly addressed as follows: James Hearty, Esq. Assistant United States Attorney 1225 ­ 17TH Street, Suite 700 Denver, CO 80202 Mr. Dana West 1455 High Street, #204 Denver, CO 80218 Dated: August 31, 2006 FAX (303) 454-0409

(VIA CERTIFIED AND REGULAR MAIL)

/s Linda M. Conklin

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