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

Case 1:03-cv-02504-REB-CBS

Document 140

Filed 01/19/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-02504-REB-CBS PETER HORNICK, an individual, Plaintiff, vs. GARY BOYCE, and JOANNE BOYCE, individuals Defendants/Counterclaimants ______________________________________________________________________ MOTION FOR WITHDRAWAL OF ALLAN L. HALE AS COUNSEL FOR DEFENDANTS ______________________________________________________________________ Pursuant to D.C.COLO.LCivR 83.3D, Allan L. Hale of Hale Friesen, LLP ("Hale Friesen"), hereby moves the Court for an Order approving his withdrawal as counsel of record for Defendants/Counterclaimants Gary and Joanne Boyce (the "Defendants"). As grounds for this Motion, Mr. Hale states as follows: 1. The undersigned entered an appearance in this case on behalf of the

Defendants on January 6, 2004. Scott A. Hyman and John G. Lubitz, while employed with the Hale Friesen law firm, entered their appearances on behalf of the Defendants on March 2, 2006, and on March 9, 2006, respectively. 2. On January 3, 2007, Mr. Lubitz left the Hale Friesen law firm. Mr. Hyman

previously left the Hale Friesen law firm on December 27, 2006.

Case 1:03-cv-02504-REB-CBS

Document 140

Filed 01/19/2007

Page 2 of 3

3.

On January 9, 2007, Messrs. Lubitz and Hyman filed an Entry of

Appearance on Behalf of Gary Boyce and Joanne Boyce and Notice of Change of Firm Affiliation, stating that all future correspondence should be sent to their new law firm, Oster & Martin, LLC. 4. 5. Defendants. 6. Pursuant to D.C.COLO.LCivR 83.3D, the Notice of Withdrawal attached The Defendants have requested that Allan Hale withdraw as their counsel. Messrs. Lubitz and Hyman will remain as counsel of record for the

hereto at Tab A has been served along with this Motion on the Defendants and all counsel of record. Accordingly, good cause exists to grant this Motion pursuant to D.C.COLO.LCivR 83.3D. A proposed Order is attached hereto at Tab B. Respectfully submitted this 19th day of January, 2007.

Allan L. Hale Allan L. Hale HALE FRIESEN, LLP 1430 Wynkoop Street, Suite 300 Denver, Colorado 80202

2

Case 1:03-cv-02504-REB-CBS

Document 140

Filed 01/19/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 19th day of January, 2007, I caused a true and correct copy of: MOTION FOR WITHDRAWAL OF ALLAN L. HALE AS COUNSEL FOR DEFENDANTS; NOTICE OF WITHDRAWAL OF ALLAN L. HALE AS COUNSEL FOR DEFENDANTS; and ORDER GRANTING MOTION FOR WITHDRAWAL OF ALLAN L. HALE AS COUNSEL FOR DEFENDANTS [PROPOSED] to be served electronically via CM/ECF System, addressed to: Erich Schwiesow, Esq. Helen Sigmond, Esq. 311 San Juan Avenue P.O. Box 1270 Alamosa, Colorado 81101-7195 John G. Lubitz, Esq. Scott A. Hyman, Esq. Oster & Martin, LLC 370 17th Street, Suite 4400 Denver, Colorado 80202 and by depositing correct copies of same in the United States mail, first class postage prepaid, addressed to the following: Gary and Joanne Boyce 17425 County Road 66-T Moffat, Colorado 81143

____/s/ Jason B. Harms_________________

3