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RICHARD J. MCDANIEL 11811 N. TATUM BLVD., #1051 PHOENIX, ARIZONA 85028 Telephone (602) 953-8721 FAX (602) 953-8731 Richard J. McDaniel #013329 Attorney for Defendants Guenther IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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SHIMKO & PISCITELLI, et al., Plaintiffs v.
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PAUL WOODCOCK and BOBBI WOODCOCK, et. al. Defendants.
) Case No. CIV 04-78-PHX-FJM ) ) ) MOTION TO WITHDRAW WITHOUT ) CLIENTS' CONSENT AND REQUEST ) FOR EXPEDITED CONSIDERATION ) ) ) ) ) ) ) ) )
Richard J. McDaniel, counsel for Defendant Mick and Kathi Guenther moves to withdraw as their counsel of record. McDaniel represented to the the Guenthers Circuit, through but written as appeal counsel Mr. of of
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this
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case
Ninth
withdrew
record after briefing, when the Guenthers were unable to pay
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attorneys' fees and costs.
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Clients are unable to pay for on-
going legal services. For these reasons, counsel is unable to further represent these Defendants, and requests this Court's order removing him as counsel of record.
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Counsel
signing
below
certifies
that
he
has
advised
Defendants of pending matters, including the need to submit a post-trial memorandum no later than March 3, 2008 on the amount of fees, if any, that should be awarded to Plaintiff in quantum meruit or unjust enrichment, pursuant to the Ninth Circuit's
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decision and remand. Defendants have been advised of the risks
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and penalties for failing to comply with the Court's orders and
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the Federal Rules of Civil Procedure.
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Defendants have also been
strongly encouraged to seek legal counsel. Defendants' address and phone number are: Mick and Kathi Guenther, 3642 E. Rockwood, Phoenix, AZ 85032, (602)451-8034. copy of this motion to withdraw has been mailed to A the
Guenthers. DATED this 10th day of December 2007. RICHARD J. MCDANIEL, P.C.
By__/S/Rich McDaniel Richard J. McDaniel 11811 N. Tatum Blvd., #1051 Phoenix, Arizona 85028 Attorney for Defendant Guenther
Original electronically filed with the United States District Court this 10th day of December 2007. Copy e-mailed to: Honorable Frederick J. Martone Sandra Day O'Connor Courthouse 401 West Washington Street Phoenix, AZ 85003
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Copy electronically sent to: David Welling Timothy Shimko & Associates 2010 Huntington Building 925 Euclid Avenue Cleveland, Ohio 44115 Roger Cohen JABURG & WILK 3200 N. Central, 20th Floor Phoenix, AZ 85012-2440 Attorney for Ross Copy mailed to:
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David and Rhona Goldfarb 11437 N. 53rd Place Scottsdale, AZ 85254 Pro Per Mick and Kathi Guenther 3642 E. Rockwood Phoenix, AZ 85032
/S/ Rich McDaniel
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Case 2:04-cv-00078-FJM
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