Free Lodged Proposed Document - District Court of Arizona - Arizona

Mark F. Brinton (SBA 7674) Law Offices of Mark F. Brinton 1745 South Alma School Road, Suite 100 Mesa, AZ 85210-3010 (480) 756-2256 Counsel for Plaintiff Joyce Corrales IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COURT OF ARIZONA Joyce Corrales, Plaintiff, vs. Chase Bankcard Services, Inc. Defendant CV 02 - 02157 PHX - SRB SECOND AMENDED MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Mark F. Brinton hereby submits his Second Amended Motion to Withdraw as counsel for Plaintiff Joyce Corrales pursuant to LRCiv 83.3(b)(2). The basis of this Motion is the conclusion of the undersigned that his client has colluded with Brinton's paralegal Roger McKee in an attempt to persuade Brinton that McKee did not forge her signature on her Declaration which is to be a part of her Response in Opposition to Defendant's Motion for Summary Judgment. When Brinton saw her signature on her Declaration (a copy of which is attached hereto as Exhibit A), he doubted its authenticity, and therefore, called her several times and left messages on her telephone

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early Saturday morning, July 1, asking that she call him. He finally spoke with her at about 9:30 am. After discussing the matter, Brinton asked her to fax to him immediately her signature (written three times), together with a hand-written statement that she is his client in this action, all in an effort to get a good sample of her signature and of her writing style. She promised to do so and explained that she would immediately go to a fax site to comply with his request. Ultimately, however, Corrales faxed the document (Exhibit B, attached hereto) nearly two hours later. The diversity of her signatures caused Brinton to doubt even further the authenticity of her Declaration signature. Therefore, he expressed his opinion in a note (Exhibit C, attached hereto) to attorney Bill Richardson (from whom Brinton rents office space), explaining his analysis of the three signatures, expressing his fear that Corrales was colluding with McKee, and seeking Richardson's opinion about the signatures. Pursuant to LRCiv 83.3(b), Corrales's address is 3318 West Sierra Vista Drive, Phoenix, AZ 85017-1443, her home telephone number is (602) 595-3475, and her email address is [email protected]. Certificate of Notice to Client The undersigned hereby certifies, pursuant to LRCiv 83.3(b)(2)(A), that he has informed Client of the status of her case and Defendant's Motion for Sanctions, and that he has faxed and mailed a copy of that Motion to her on July 6. Moreover,
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regardless of the undersigned's being profoundly disappointed at his Client's inexplicable behavior, he feels that he has an obligation to respond to Defendant's Motion before he withdraws as her counsel. Therefore, he will file Plaintiff's Response by the due date of July 13. Accordingly, the Order, if signed by the Court, may take effect after that date. Corrales's refusal to be candid with Brinton compels him to withdraw as her counsel in this action. Accordingly, the undersigned hereby requests the Court to grant his Second Amended Motion. RESPECTFULLY REQUESTED THIS 7th day of July 2006, Law Office of Mark F. Brinton By /s/ Mark F. Brinton Mark F. Brinton Counsel for Plaintiff Corrales th I hereby certify that on the 7 day of July 2006, I electronically transmitted the foregoing document and an attachment of the three exhibits to the Clerk's office using the CM/ECF System. A copy of the foregoing and exhibits faxed/ and mailed this 7th day of July 2006 to: Joyce Corrales 3318 West Sierra Vista Drive Phoenix, AZ 85017-1443 Plaintiff /s/ Mark F. Brinton

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