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

Case 1 :04-cv—01 033-SLR-I\/I PT Document 17 Filed 06/21 /2006 Page 1 ot 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In Re; : Chapter ll
NATIONSRENT, INC., etal., : Case No. 01-11628 through 01-11639 (PJW) .
(J ointly Administered)
Debtors :
: Adv. No, 03-59758 .
NATIONSRENT UNSECURED :
CREDITOR°S LIQUIDATING TRUST, :
PERRY MANDARINO, : I
NOT PERSONALLY, BUT AS TRUSTEE :
Plaintiff, :
v,
3-D/COASTAL OIL COMPANY, : Civil Action No. 04-1033 KAJ ·
Defendant.
MOTION TO WITHDRAW
AS COUNSEL FOR 3-D/COASTAL OIL COMPANY
NOW COMES, Jeffrey P. Wasserman, counsel for the Defendant, 3-D/Coastal Oil Company
("3-D"), and hereby moves this Honorable Court for an Order allowing him to withdraw as counsel
and in support thereof represents as follows: ,
1. In March of 2004, the undersigned counsel tiled an Answer to the Complaint on behalf of
the Defendant.

Case 1 :04-cv—01033-SLR-IVIPT Document 17 Filed 06/21/2006 Page 2 of 2
2. On or about February 6, 2006, the parties reached an agreement to settle this matter. The
terms ofthe settlement agreement were authorized by Defendant.
3. On February 7, 2006, the appropriate settlement documents and payment directions were
provided to Defendant. I
4. On February 22, 2006, Defendant’s principal, Jerry Otzelberger, advised counsel’s
associate that Defendant would comply with the terms of the settlement agreement within 30 days. .
5. As of this date, Defendant has not complied with the terms of the settlement agreement.
6. Additionally, Mr. Otzelberger has not responded to numerous communications from
counsel’s office, including telephones calls and written correspondence.
7. Defendant’s failure to comply with the terms of the settlement agreement or communicate
with counsel prevent counsel from competently representing Defendant.
WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court enter
an Order granting him leave to withdraw as counsel for Defendant, 3-D/Coastal Oil Company, for the
reasons stated herein.
Dated: [H
Jeffrey P. sserman. (#2184)
Ciconte, R eman, and Wasserman ·
1300 King treet
Wilmington, Delaware 19801
(302) 658-7101
Attorney for the Defendant