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

Case 1:07-cv-00119-GMS

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Filed 12/05/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE INVISTA S.A R.L. and INVISTA (CANADA) COMPANY Plaintiffs, v. FIBER RESOURCES INTERNATIONAL, INC., Defendant. : : : : : : : : : :

C.A. No. 07-119 (GMS)

MOTION TO WITHDRAW AS COUNSEL COMES NOW, Losco & Marconi, P.A. ("L&M") and moves the Court for permission to withdraw as Counsel for Defendant, Fiber Resources International, Inc., and, in support thereof, states as follows: 1. This is a breach of contract action which was filed on February 27, 2007. 2. On or about April 11, 2007, Defendant engaged L&M as counsel to represent it pursuant to a written engagement agreement which addressed, among other things Defendant's financial obligation associated with the engagement. 3. Defendant has breached the engagement agreement with L & M in that it has failed to satisfy its financial obligations as agreed. 4. L & M has consistently warned Defendant that failure to abide by its financial obligations would result in L & M seeking permission to withdraw. Defendant has continued to represent to L & M that it had already, or would soon satisfy its obligations, but to date, Defendant has failed to do so. 5. In addition, on December 4, 2007, L & M received an e-mail from its contact at Defendant indicating that Defendant no longer desired to have L & M represent it in this action, and that it

Case 1:07-cv-00119-GMS

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would be "changing counsel". 6. Therefore, L&M no longer desires to, and no longer believes that it can properly represent Defendant in light of Defendant's desire to engage other counsel. WHEREFORE, Losco & Marconi, P.A. prays that the Court grant it permission to withdraw as counsel to Defendant, Fiber Resources International, Inc. LOSCO & MARCONI, P.A.

/s/ Thomas C. Marconi Thomas C. Marconi, Esquire (#2761) 1813 N. Franklin Street P.O. Box 1677 Wilmington, DE 19899 (302) 656-2284 Attorneys for Defendant, Fiber Resources International, Inc. Date: December 5, 2007
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Case 1:07-cv-00119-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE INVISTA S.A R.L. and INVISTA (CANADA) COMPANY : : : C.A. No. 07-119 (GMS) Plaintiffs, : : v. : : FIBER RESOURCES INTERNATIONAL, INC., : : Defendant. : NOTICE OF SERVICE I, Thomas C. Marconi, Esquire, hereby certify that on this 5th day of December, 2007, caused two true and correct copies of the attached Motion to Withdraw as Counsel, Statement Pursuant to Local Rule 7.1.1, and this Notice of Service to be served by hand delivery upon the following: Kelly E. Farnan, Esquire Richards, Layton & Finger One Rodney Square 920 North King Street P.O. Box 551 Wilmington, DE 19899 and by Certified mail, return receipt requested and e-mail upon the following: Art Hamilton Fiber Resources International, Inc. 1100 Spring Street, Suite 830 Atlanta, GA 30309 LOSCO & MARCONI, P.A. /s/ Thomas C. Marconi Thomas C. Marconi #2761 1813 North Franklin Street P.O. Box 1677 Wilmington, Delaware 19899 (302) 656-7776 Attorneys for Defendant
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE INVISTA S.A R.L. and INVISTA (CANADA) COMPANY Plaintiffs, v. FIBER RESOURCES INTERNATIONAL, INC., Defendant. : : : : : : : : : :

C.A. No. 07-119 (GMS)

STATEMENT PURSUANT TO LOCAL RULE 7.1.1 I, Thomas C. Marconi, Esquire, counsel to Plaintiff state pursuant to Local Rule 7.1.1 that on December 5, 2007, I discussed with Plaintiff's counsel, Kelly E. Farnan, Esquire the attached Motion to Withdraw as Counsel to Defendant. Ms. Farnan indicated that her client objects to the Motion.

Respectfully submitted, /s/ Thomas C. Marconi Thomas C. Marconi, Esquire (#2761) 1813 N. Franklin Street P.O. Box 1677 Wilmington, DE 19899 (302) 656-2284 Attorneys for Defendant, Fiber Resources International, Inc. Date: December 5, 2007
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE INVISTA S.A R.L. and INVISTA (CANADA) COMPANY : : : Plaintiffs, : : v. : : FIBER RESOURCES INTERNATIONAL, INC., : : Defendant. : ORDER

C.A. No. 07-119 (GMS)

UPON CONSIDERATION of Losco & Marconi, P.A.'s Motion to Withdraw as Counsel to Defendant, Fiber Resources International, Inc., and Plaintiffs' response thereto the Motion is hereby GRANTED. Defendant shall have _____ (___) days to cause substitute counsel enter his or her appearance in this action. A copy of this Order shall be mailed by Losco & Marconi, P.A. to Defendant by certified mail, return receipt requested.

IT IS SO ORDERED this ______ day of ______________, 2007.

___________________________________ United States District Judge

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