Free Motion to Dismiss - District Court of Delaware - Delaware

p Case 1 :04-cv—O1314-SLR Document 40-2 Filed O1/O3/2006 Pagei of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MARLAYNA G. TILLMAN, :
Plaintiff, C.A. Number: O4-l3l4(SLR)
THE PEPSI BOTTLING GROUP, INC.,
and TEAMSTERS LOCAL UNION 830 :
Defendants.
MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF
Pursuant t0 Rule 83.7 of the Local Rules 0f Civil Practice and Procedure of the
United States District Coun for the District 0f Delaware, the undersigned Lori A. Brewington
and Jeffrey K. Martin and the law office 0f Margolis Edelstein hereby moves the Court for an
order allowing them to withdraw as counsel for plaintiff This motion is based 0n the
following facts:
l. Pursuant to Rule l.l6(b)(5) and (6) of the Delaware Lawyers Rule of
Professional Conduct, the representation has been rendered unreasonably difficult by
Marlayna Tillman and other good cause for withdrawal exists.
2. In particular, plaintiff and the undersigned counsel have had a fundamental
breakdown with regard to the manner in which the case is to be handled.
3. The undersigned believes that the withdrawal "can be accomplished without
material adverse effect on the interest of the client" pursuant to the Delaware Lawyers’ Rules
of Professional Conduct, Rule l.16(b).

Case 1 :04-cv—O1314-SLR Document 40-2 Filed O1/O3/2006 Page 2 of 2
WHEREFORE, the undersigned counsel respectfully requests leave of Court to
terminate their representation of Marlayna Tillman in this matter and to withdraw as counsel
in the above—captioned matter.
MARGOLIS EDELSTEIN
. at Ja K p·V_
K. .1, in, Esq. (ID No. 2407)
Lori A. Brewington, Esq. (ID No. 4522)
1509 Gilpin Avenue
Wilmington, DE 19806
(302) 777-4680
Attorney for Plaintiff
DATED: December 14, 2005