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

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DAVID A. WELLING (OSBN 0075934 ­ PRO HAC VICE) CHOKEN & WELLING Attorneys at Law 3020 West Market Street Fairlawn, Ohio 44333 Tel. (330) 865 ­ 4949 Fax (330) 865 ­ 3777 One of the Attorneys for the Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

SHIMKO & PISCITELLI,

) ) Plaintiff, ) ) v. ) ) PAUL and BOBBI WOODCOCK, et al., ) ) Defendants. )

Case No. CIV 04-78-FJM Judge Martone DAVID A. WELLING'S NOTICE OF WITHDRAWAL

NOW COMES Attorney David A. Welling, and hereby submits his Notice of Withdrawal as 17 18 19 20 21 22 23 24 Importantly, Mr. Welling no longer works for Mr. Shimko. Mr. Welling left the employ of 25 26 Mr. Shimko's law firm on April 30, 2008. And, Mr. Welling has no continuing relationship with counsel from this case for the Plaintiff. This case was filed by the Plaintiff seeking to collect a debt on attorney's fees. The current Plaintiff in this case is Mr. Timothy A. Shimko, who is a licensed attorney in Ohio, and Mr. Shimko has been admitted to appear in this case pro hac vice. Mr. Welling was formerly employed by Mr. Shimko's law firm. At all times relevant, Mr. Welling was an associate attorney at Mr. Shimko's firm. Mr. Welling entered an appearance in this case, pro hac vice, in connection with him being an associate at Mr. Shimko's firm.

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Mr. Shimko regarding this case or regarding any other case. Since Mr. Welling left Mr. Shimko's firm, Mr. Shimko has continued to represent himself in this case. Mr. Shimko is well aware of this Court's deadlines and schedule, and Mr. Shimko is well capable of continuing to represent himself in these proceedings as lead counsel. (It should be understood that Mr. Shimko has over 30 years of experience as a trial lawyer. Dissimilarly, Mr. Welling was hired by Mr. Shimko directly out of law school where Mr. Welling worked for Mr. Shimko for 5 years. Mr. Welling is 31 years old.) Mr. Welling therefore respectfully withdraws from this case. Mr. Shimko will continue as lead counsel for the Plaintiff. Mr. Welling doesn't work for Mr. Shimko anymore, and he has no agreement with Mr. Shimko to continue with any action in this case. Mr. Shimko remains as lead counsel, and Mr. Shimko can handle this case, just as he has been doing all along. (To the extent the Court must order Mr. Welling withdrawn, Mr. Welling respectfully

13 14 15 16 17 18 19 20 21 22 One of the Attorneys for the Plaintiff 23 24 25 26 ____/s/ David A. Welling______________ DAVID A. WELLING (OSBN 0075934) CHOKEN & WELLING Attorneys at Law 3020 West Market Street Fairlawn, Ohio 44333 Tel. (330) 865 ­ 4949 Fax (330) 865 ­ 3777 Email [email protected] requests the Court to order him withdrawn from this case.)

Respectfully submitted,

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 _____/s/ David A. Welling_________ DAVID A. WELLING (0075934) One of the Attorneys for the Plaintiff Copy mailed to: David and Rhona Goldfarb 11437 N. 53rd Place Scottsdale, Arizona 85254 Defendants Timothy A. Shimko Counsel for Plaintiff CERTIFICATE OF SERVICE This is to certify that on this 30th day of June, 2008 that a copy of the foregoing was sent via the Court's electronic filing system to the following counsel of record: Richard McDaniel Counsel for Woodcock Defendants

Roger Cohen Counsel for Ross Defendants

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