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

Case 1:03-cv-02311-EWN-CBS

Document 106

Filed 10/05/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2311-EWN-CBS LINDA M. PIERCY, Plaintiff, v. TERRY MAKETA, AS SHERIFF OF EL PASO COUNTY SHERIFF'S OFFICE, EL PASO COUNTY SHERIFF'S OFFICE and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EL PASO, Defendants.

MOTION TO WITHDRAW AS COUNSEL

Pursuant to D.C.COLO.LCivR 83.3(D), Jay A. Lauer hereby submits this motion to withdraw as co-counsel in the above captioned matter. Counsel states as follows: 1. Jay A. Lauer requests leave to withdraw as co-counsel for Terry Maketa,

as Sheriff of El Paso County Sheriff's Office, El Paso County Sheriff's Office and the Board of County Commissioners of the County of El Paso ("County Defendants"). 2. Counsel represents that he will no longer be available to serve as co-

counsel for the County Defendants. As a result, good cause exists to allow Jay A. Lauer to withdraw as counsel in this matter. 3. Counsel represents that substitute co-counsel has been provided as

Andrew C. Gorgey of the Office of the El Paso County Attorney entered his appearance on behalf of the County Defendants on October 5th, 2007. 4. As there has been a simultaneous entry of appearance by counsel for the

County Defendants and the law firm of Vaughan & DeMuro will continue to represent

Case 1:03-cv-02311-EWN-CBS

Document 106

Filed 10/05/2007

Page 2 of 3

the County Defendants in this matter, it is not believed that the withdrawal requires notification certification pursuant to D.C.COLO.LCivR 83.3(D). 5. Undersigned counsel Jay A. Lauer certifies, pursuant to

D.C.COLO.L.CivR 7.1, that staff has consulted with counsel Stefan Kazmierski and that counsel does not oppose this motion. WHEREFORE, it is hereby requested that an order be entered granting the requested motion for withdrawal of counsel. RESPECTFULLY SUBMITTED this 5th day of October, 2007. Respectfully submitted, s/ Jay A. Lauer Jay A. Lauer Office of the County Attorney of El Paso County, Colorado 27 E. Vermijo Avenue Colorado Springs, CO 80903 (719) 520-6485 Fax (719) 520-6487 [email protected] Co-counsel for County Defendants

Case 1:03-cv-02311-EWN-CBS

Document 106

Filed 10/05/2007

Page 3 of 3

CERTIFICATE OF MAILING I hereby certify that on October 5th, 2007, 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: Stefan Kazmierski, Esq., [email protected] Gordon L. Vaughan, Esq. and Jessica K. Muzzio, Esq., [email protected]

s/ Edi Anderson