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

Case 1:04-cv-01114-PSF-OES

Document 82

Filed 08/23/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1114-PSF-OES KENNETH L. KEIL, Plaintiff, v. CITIGROUP, INC.; SANFORD I. WEILL, Chief Executive Officer of Citigroup, Inc.; THOMAS F. FARRELL; FARRELL & SELDIN; F. EUGENE WESTHAFER; THE SILVERMAN LAW FIRM, P.C.; and JOHN DOES (1-10), Defendants. Defendants. ______________________________________________________________________________ MOTION TO WITHDRAW AND NOTICE OF WITHDRAWAL ______________________________________________________________________________ Richard E. Mishkin, Esq., of Berenbaum, Weinshienk & Eason, P.C. moves the Court for an Order allowing him to withdraw as counsel for Defendants F. Eugene Westhafer and The Silverman Law Firm, P.C. (hereinafter "Represented Defendants"). AS GROUNDS FOR THIS MOTION, Mr. Mishkin states: (i) he has completed all terms of the engagement agreement between himself and the Represented Defendants, and (ii) Hal R. Kyles, Esq. has entered his appearance on behalf of the Represented Defendants. CONSISTENT WITH D.C. COLO.LCiv.R. 83.3(D), NOTICE IS FURTHER GIVEN to the Represented Defendants that each is personally responsible for complying with all court orders and time limitations established by any applicable rules. Since The Silverman Law Firm,

Case 1:04-cv-01114-PSF-OES

Document 82

Filed 08/23/2005

Page 2 of 3

P.C. is a Professional Corporation, it cannot appear without counsel admitted to practice before this Court, and absent prompt appearance of substitute counsel, pleadings, motions, and other papers may be stricken, and default judgment or other sanctions may be imposed against The Silverman Law Firm, P.C. Respectfully submitted this 23rd day of August 2005. BERENBAUM, WEINSHIENK & EASON, P.C.

/s/ Richard E. Mishkin Richard E. Mishkin, #3850 370 Seventeenth Street Republic Plaza, 48th Floor Denver, CO 80202-5698 Phone: (303) 825-0800 Fax: (303) 629-7610 E-mail: [email protected] Attorneys for Defendants F. Eugene Westhafer and The Silverman Law Firm, P.C.

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Case 1:04-cv-01114-PSF-OES

Document 82

Filed 08/23/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on August 23, 2005, I electronically filed the foregoing MOTION TO WITHDRAW AND NOTICE OF WITHDRAWAL with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: David G. Palmer, Esq. GREENBERG TRAURIG, LLP [email protected] Kristi L. Blumhardt, Esq. GREENBERG TRAURIG, LLP [email protected]

Thomas F. Farrell, Esq. FARRELL & SELDIN [email protected]

Hal R. Kyles, Esq. The Silverman Law Firm [email protected]

David Silverman, Esq. The Silverman Law Firm [email protected]

F. Eugene Westhafer, Esq. The Silverman Law Firm [email protected]

and I hereby certify that I have mailed or served the document to the following non CM/ECF participants by mail, as indicated by the non-participant's name: Kenneth L. Keil ­ (Mail) 1507 E. 16th Street Loveland, Colorado 80538 s/Richard E. Mishkin, Esq. BERENBAUM, WEINSHIENK & EASON, P.C. Attorneys for Defendants F. Eugene Westhafer and The Silverman Law Firm, P.C. 370 17th Street, Ste. 4800 Denver, CO 80202 Telephone: (303) 825-0800 Fax: (303) 629-7610 [email protected]

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