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

Case 3:08-cv-00456-W-BLM

Document 11

Filed 08/01/2008

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Benjamin Anderson (SBN 248616) SAN DIEGO TRIAL GROUP 4275 Executive Square, Suite 200 La Jolla, CA 92037 (858) 550-2008; FAX (858) 550-2281 James D. Hoey, III (SBN 102088) HOEY & MORGAN 4275 Executive Square, Suite 920 La Jolla, CA 92037 (858) 550-1002; FAX (858) 550-2043

Attorney for Plaintiff, PATRICIA NEALY UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

PATRICIA NEALY, as surviving heir of MAURICE WHITE, deceased,

) ) ) ) Plaintiff, ) ) v. ) ) THE CITY OF SAN DIEGO, SAN DIEGO ) POLICE DEPARTMENT, OFFICER ADAM ) ) SHARKI, OFFICER SCOTT SPILLANE, ) CHIEF WILLIAM LANDSDOWNE AND ) DOES 8-100, Inclusive. ) ) Defendants. ) ) ) ) ) ) ) )

CIVIL NO. 08cv0456-W (BLM) DECLARATION OF JAMES D. HOEY, III IN SUPPORT OF MOTION TO BE RELIEVED AS COUNSEL

Date: September 8, 2008 Time: 10:30 a.m. Courtroom: 7 Hon: Thomas J. Whelan

I, JAMES D. HOEY, III, declare as follows:

DECLARATION OF JAMES D. HOEY, III OF MOTION TO WITHDRAW ­ Page 1

Case 3:08-cv-00456-W-BLM

Document 11

Filed 08/01/2008

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1.

I am a principal with the law firm of Hoey & Morgan, attorneys for plaintiff

Patricia Nealy in the referenced matter. The facts set forth herein are within my own personal knowledge. 2. I make this motion to be relieved as counsel under Rule 83.3(g)(3) because the

interactions between plaintiff and my office have made it unreasonably difficult for me to carry out my employment effectively. If necessary, I am willing to divulge further details about these interactions in camera. 3. I have requested that Ms. Nealy either substitute into this action in propria

persona or obtain new counsel. She has failed to respond to this request. 4. I have served Ms. Nealy by mail at her last known address with copies of the

motion papers served with this declaration. I have confirmed within the past 30 days that the address is current by mail, return receipt requested. 5. Attached as Exhibit "A" is a copy of the Court's Scheduling Order detailing

upcoming deadlines and court dates. Plaintiff has been provided with a copy of this order. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: July 31 2008 HOEY & MORGAN

By:

/s/ James D. Hoey, III JAMES D. HOEY, III Attorneys for Plaintiff

DECLARATION OF JAMES D. HOEY, III OF MOTION TO WITHDRAW ­ Page 2