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 AMENDED MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Mark F. Brinton hereby submits his 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 by attempting to persuade Brinton that McKee did not forge her signature on her Declaration, which was to be a part of her Response in Opposition to Defendant's Motion for Summary Judgment. When Brinton saw her signature on her Declaration, he doubted its authenticity, and therefore, called her several times and left messages on her telephone early Saturday morning, July 1, asking that she call him.

Case 2:02-cv-02157-SRB

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He finally spoke with her at about 9:30 am, and ultimately asked her to fax him her signature (written three times) immediately, 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 A, attached hereto) nearly two hours later, which caused Brinton to doubt even further the authenticity of her "initial signature," and, therefore, to write a note (Exhibit B, attached hereto) to attorney Bill Richardson (from whom Brinton rents office space), explaining his analysis of the three signatures and his fear that Corrales was colluding with McKee, as described above. 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 mailed a copy of that Motion to her as of this day. Moreover, despite the undersigned being profoundly disappointed at his Client's inexplicable behavior, he feels that he is obligated to respond to Defendant's Motion before he withdraws as her
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counsel. Therefore, he will file Plaintiff's Response by the due date of July 13. Accordingly, the Order, if signed by the Court, may go into 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 Motion. RESPECTFULLY REQUESTED THIS 6th day of July 2006, Law Office of Mark F. Brinton By /s/ Mark F. Brinton Mark F. Brinton Counsel for Plaintiff Corrales I hereby certify that on the 6th day of July 2006, I electronically transmitted the foregoing document and an attachment of the two exhibits to the Clerk's office using the CM/ECF System. A copy of the foregoing and both exhibits faxed/ and mailed this 6th 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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Case 2:02-cv-02157-SRB

Document 66

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