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

Case 1:04-cv-01314-SLR Document 37 Filed 12/14/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
l\/IARLAYNA G. TILLl\/IAN, :
Plaintiff, C.A.Nu1nber: O4—"l3l·4(SLR_)
v.
TH E PEPSI BOTTLING GROUP, INC.,
and TEAMSTERS LOCAL UNION 830 :
Defendants.
MOTION TO VVITHDRAVV AS COUNSEL FOR PLAINTIFF
Pursuant to Rule 83.7 of the Local Rules of Civil Practice and Procedure of the
United States District Court for the District oi`Delaware, the undersigned Lori A. Brewington
and Jeffrey K. Martin and the law oflice of Margolis Edclstein hereby moves the Court lor an
order allowing them to withdraw as counsel for plaintiff This motion is based on 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
M arlayna Tillman and other good cause for withdrawal exists.
2. In particular, plaintiff and the undersigned counsel have had a fundamental
brealrdown with regard to the manner in which the case is to he 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.l6{b).

Case 1:04-cv-01314-SLR Document 37 Filed 12/14/2005 Page 2 of 3
WH EREFORE, the undersigned counsel respectfully requests leave of Court to
terminate their representation of1\/Iarlayna Tillman in this matter and to withdraw as counsel
inthe ahove—captioned matter.
MARGOLIS EDELSTETN
rrrra A , ll
7,, / ’ Q xl pf
5%: ‘ if _ lm .,,, ?
Je K. a tm, Esq. (TD 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

Case 1:04-cv-01314-SLR Document 37 Filed 12/14/2005 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MARLAYNA G. TILLMAN, :
Plaintitt, C.A. Number: 04-l3`l4(SLR)
v.
THE PEPSI BOTTLING GROUP, INC.,
and TEAMSTERS LOCAL UNTON 830 :
Defendants.
CERTIFICATE OF SERVICE
I certify that on December E4, 2005, two eopies of the Motion to 1’VIZTILIii'(£l~\»’ as
Counsel for P!rzmt;gj’ were delivered by U.S. First Class Mail, postage prepaid, to the
following:
William M. Kelleher, Esquire
Ballard Spahr Andrews & lngersoll, LLP
919 Market Street, l'/lh Floor
Wilmington, DE 1980l-3034
Clifford B. Hearn lr. Esquire
606 Market Street Mall
P.O. Box 1205
Wilmington, DE 19899
Ms. Marlayna Tillman
497 Linden iBOLll€V3l'd,Ullll C—7
Brooklyn, NY 11203
.#"/will
aff! if
-e [ - i ii
'effr . Martin, Esquire