Free Motion for Reconsideration - District Court of Arizona - Arizona


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Date: December 27, 2005
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State: Arizona
Category: District Court of Arizona
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1 I Sid A. Horwitz ~— State Bar No. 05447
CARMICHAEL & POWELL, P.C. `
3 7301 North 16th Street, Ste. 103
Phoenix, Arizona 85020-5297
3 _ Phone: (602) 861-0777
4 E i
I Attorneys for Defendants Grant H. and Teri B. Goodman g
5 E
6 IN THE UNITED STATES DISTRICT COURT
7 FOR TI-IE `DISTRICT OP ARIZONA E
9 CITICAPITAL TECHNOLOGY No. CV 03 1587 PHX JAT ;
FINANCE, INC., formerly known as EAB E
IO Leasing Corp. a Pennsylvania corporation,
and CITICAPITAL COMMERCIAL MOTION FOR g
_, M l I LEASING CORPORATION, formerly RECONSIDERATION
5 Z 12 known as Associates Leasing, Inc., an
E E 3 E Indiana COYpOmHOH’ (Oral Argument Requested)
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5 8:25; QE 2 A5 GRANT H. GOODMAN AND rant B. ,
E '-E 5 E GOODMAN, husband and wife, I
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U Ei W Defendants. i I
18 Sid A. Horwitz and the law thm of Carmichael & Powell, P.C. hereby requests I
19 this Court to reconsider its Order of December 21, 2005, denying their Motion to I
20 Withdraw. The Motion to Withdraw was tiled with the consent of Defendants Grant I
21 and Teri Goodman for the reason that Grant and Teri Goodman prefer to be
22 represented by their current co—counsel of record, Grant H. Goodman, who is a
23 licensed attorney. The Goodmans prefer to have Mr. Goodman represent them in this I
24 matter for a number of reasons, including but not limited to, issues related to I Q
25 economics and perceived quality of counsel. It is the Goodmans’ specific desire that
26 I they not incur attorneys fees in connection with this matter, and, again, Grant H.
Case 2:03-cv-01587-JAT Document 56 Filed 12/27/2005 Page 1 of 3 I I

1 Goodman is a licensed Arizona attorney and is already co-counsel of record in this l
2 matter. l -
3 Undersigned counsel believes that thc Court may have overlooked the fact that
4 1 the Defendants original Answer was filed by Grant H. Goodman, as attorney for l
5 ! Defendants, and that Grant Goodman is a licensed attorney. The Defendants have l
6 actually insisted that undersigned defense counsel terminate the performance of
7 services on their behalf. It was originally (and possibly erroneously) believed that
8 these matters did not have to be specifically brought to this Court’s attention in .
9 connection with the Ex Porte Motion to Withdraw. Now, however, in order to meet
10 the desires of the Goodmans, undersigned counsel believes it to be incumbent to file f
j 8 11 this Motion for Reconsideration and to bring the foregoing matters to this Court’s
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g E > ig g 12 attention. The withdrawal of counsel will preserve the Goodinans’ right to be
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g gf fg 13 represented by the attorney of their choosing and to not `oe forced to incur attorney’s Q
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Q § § 14 fees which they specifically desire to not incur.
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`" 15 For all of the foregoing reasons, undersigned counsel requests this Court to ’
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Q § E § 16 reconsider its Order of December 21, 2005 and to allow undersigned counsel and his l
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l7 law firm to withdraw as agftorneys for Defendants Goodman. :
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18 Dated this 7'"day of December, 2005.
19
CARMICHAE & POWELL, P.C.
20 _ Z` ____ _ -
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2* By t
22 Sid A. Horwitz . l
730}. North 16th Street, Suite 103 =
23 Phoenix, Arizona 85020-5297
24 Attorneys for Defendants Goodman
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Case 2:03-cv-01587-JAT Document 56 Filed 12/27/2005 Page 2 of 3 I j

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I Copy of the foregoing was mailed on this y
Zmjféday of December, 2005, to: E
2
David N. Ingrassia
3 DAVID N. INGRASSIA, P.C.
4 1212 East Osborn Road
Phoenix, Arizona 85014
5 Attomeys for Plaintiffs _
6 Grant and Teri Goodman
7 4156 North 49th Street §
8 Phoenix, Arizona 85018
9 Grant H. Goodman
Grant H. Goodman, P.C.
to 5110 North 44th Street, L200
Phoenix, Arizona 85018
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