Free Motion to Withdraw - District Court of Colorado - Colorado

Case 1:03-cv-02633-PSF-PAC

Document 300

Filed 12/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02633-PSF-PAC LILLIAN BARTON, Plaintiff, v. OFFICER R. BLEY, Badge No. 99006 OFFICER N. SAGEN, Badge No. 96-021 OFFICER JOHN DOE Defendants, and Civil Action No. 04-cv-00319-PSF-PAC LILLIAN BARTON, Plaintiff, v. RICHARD BLEA NICK SAGAN JOSH VASCONCELLOS Defendants. _____________________________________________________________________________ MOTION OF A. THOMAS ELLIOTT, JR., P.C. AND A. THOMAS ELLIOTT, JR. TO WITHDRAW AS PLAINTIFF'S COUNSEL _____________________________________________________________________________ Plaintiff's attorney, A. THOMAS ELLIOTT, JR., P.C. and A. Thomas Elliott, Jr., personally, move to withdraw as Plaintiff's counsel herein and as grounds therefor state: 1. On December 12, 2006 Lillian Barton called the office of her legal counsel, A.

Case 1:03-cv-02633-PSF-PAC

Document 300

Filed 12/13/2006

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Thomas Elliott, Jr., P.C. and A. Thomas Elliott, Jr. and stated that she "had just got your newest bunch of cra.., er baloney" which was a reference to correspondence Plaintiff's counsel had sent to her, and was obligated to have sent, including a copy of Defendants' Bill of Costs and Revised Bill of Costs and a notice of the date and time (December 21, 2006 at 9:00 a.m.) for appearance before the Court Clerk to tax costs herein. 2. In her call Plaintiff stated that she agreed with none of what was contained in Defendants' Bills of Costs and stated that Plaintiff's counsel was "off the case." 3. Minutes later Plaintiff left a further telephone message that "I want to tell you you're fired," stated that she had intended to hire undersigned counsel for trial only, made various derogatory references to the performance of Plaintiff's counsel at trial and reaffirmed her previously expressed intent to file pro se both a Notice of Appeal in this matter and a Motion under F.R.Civ. P. 60(b) regarding "fraud" and false impersonation by a witness at trial. 4. Plaintiff has expressed her dissatisfaction regarding the performance of counsel at trial, has told Plaintiff's counsel he is "off the case," has "fired" her undersigned counsel, has told counsel that she agrees with none of the Bill of Costs or Revised Bill of Costs in this matter, and has stated that she wishes to file pro se both a Notice of Appeal and a Motion under F.R. Civ. P. 60(b). Therefore, Plaintiff's counsel considers himself authorized to do nothing further for Plaintiff in this matter. 5. Plaintiff's counsel wishes to withdraw as Plaintiff's legal counsel in this case. 6. Pursuant to D. C. COLO. L Civ R 83.3 D "an attorney who has appeared in a case may seek to withdraw on motion showing good cause. Withdrawal shall be effective only 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

Case 1:03-cv-02633-PSF-PAC

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Filed 12/13/2006

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unless the statement would violate the rules of professional conduct. Notice to the attorney's client must include the warning that the client personally is responsible for complying with all court orders and time limitations established by any applicable rules." 7. By copy of this Motion Plaintiff's counsel informs and warns the Plaintiff, Lillian Barton, that she personally is responsible for complying with all court orders and time limitations established by any applicable rules, including the time limits set forth in the local rules of this Court, the Federal Rules of Civil Procedure, the Federal Appellate Rules, and local Rules of the 10th Circuit Federal Court of Appeals including but not limited to the time limits for filing any Notice of Appeal or any Motion under F.R.Civ. P. 60(b). 8. Pursuant to D.C.Colo.L.CivR 7.1 undersigned counsel has informed defense counsel by e-mail that he intended to file this motion and is informed by defense counsel that they take no position regarding this motion. WHEREFORE, Plaintiff's counsel requests that A. Thomas Elliott, Jr, P.C. and A. Thomas Elliott, Jr. be permitted to withdraw as Plaintiff's legal counsel in this matter. RESPECTFULLY SUBMITTED, A. THOMAS ELLIOTT, JR., P.C.

BY: s/ A. Thomas Elliott, Jr. A. Thomas Elliott, Jr. 1816 Race Street Denver, CO 80206 (303)322-5490 E-mail: [email protected] Attorney for Plaintiff

CERTIFICATE OF SERVICE I hereby certify that on December 13, 2006, an electronic copy of the foregoing MOTION OF A. THOMAS ELLIOTT, JR., P.C. AND A. THOMAS ELLIOTT, JR.

Case 1:03-cv-02633-PSF-PAC

Document 300

Filed 12/13/2006

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TO WITHDRAW AS PLAINTIFF'S COUNSEL was filed with the Court via CM/ECF system which will send notice to: Brett Anthony McDaniel [email protected] Sonja S. McKenzie [email protected] and a copy was also sent via the U.S. Mail, first class postage prepaid, addressed as follows: Lillian Barton 97 Soda Creek Rd. Evergreen, CO 80439 s/A. Thomas Elliott, Jr. A. Thomas Elliott, Jr.