Free SO ORDERED - District Court of Delaware - Delaware

Case 1 :05-cv—00580-GIVIS Document 25 Filed 06/28/2006 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
LISA DAVIS, )
)
Plaintiff, ) Civil Action No.: 05-580 GMS
)
v. )
)
MCCULLOUGH & MCKENTY, P.A., )
and Daniel L. McKenty, )
)
Defendants. )
)
MOTION FOR LEAVE TO WITHDRAW AS COUNSEL
Counsel for the Plaintiff, Lisa Davis, hereby moves the Court for leave to withdraw as counsel.
In support of this motion, counsel hereby makes the following submissions:
1. The above-captioned action involves claims under the federal Fair Debt Collection
Practices Act.
2. The defendants are the law firm and individual attorney collecting or attempting to
collect the alleged debt.
3. Defendants originally noticed a deposition of Plaintiff for April 24, 2006, at 10:00 a.m.
4. At Plaintiff’s request, Defendants renoticed the deposition for April 25, 2006, at l l:00
a.m. The new notice was dated March l3, 2006 and received by Counsel for Plaintiff
on March I4. 2006.
5. Counsel for Plaintiff forwarded a copy ofthe above Notice, along with an explanatory
letter, also stating the date and time of the deposition, on March 14, 2006.

Case 1:05-cv—00580-GIVIS Document 25 Filed 06/28/2006 Page 2 of 4
6. Counsel for Plaintiff sent Plaintiff a reminder letter dated March 29, 2006.
7. Plaintiff left a voice mail message for her attomey on April 19, 2006 stating that she
needed to reschedule her deposition. She did not speak directly to a staff member at
Legal Services Corporation of Delaware, Inc. (LSCD).
8. Counsel for Plaintiff was out of the office and did not receive the message until Friday,
April 21, 2006. Counsel directed the paralegal assigned to the case to contact Plaintiff
first regarding the late request to reschedule and then to contact Counsel for
Defendants.
9. LSCD contacted Plaintiff and left a voice mail message. Plaintiff called back leaving a
message that she had to reschedule the deposition do to make up exams at school.
10. Later on April 21*, LSCD contacted Counsel for Defendants to request that the
deposition be rescheduled. Counsel called LSCD back that same date and stated that
Defendants re fused to reschedule.
1 1. Shortly thereafter, on April 2l$‘, LSCD contacted Plaintiff and infomied her that
Defendants refused to reschedule. She did not indicate whether she would come to the
deposition.
12. Counsel for Plaintiff contacted her by telephone three (3) times on the moming of
Monday, April 24, 2006, leaving her several voice mail messages.
13. On Monday, April 24, 2006, LSCD sent Counsel for Defendants a confirmatory letter
regarding Plaintiffs request to reschedule and Defendants’ denial of the request.
14. On Monday, April 24"‘, Counsel lor Plaintiff left Plaintiff another message at
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Case 1:05-cv—00580-Gl\/IS Document 25 Filed 06/28/2006 Page 3 of 4
approximately 5:20 p.m. regarding the deposition scheduled for April 25, 2006.
15. On Tuesday, April 25, 2006, Counsel for Plaintiff contacted Counsel for Defendants by
telephone to inform her that LSCD had not heard from Plaintiff in response to the voice
mail messages.
16. Plaintiff did not appear in her attorney’s office and did not appear for the scheduled
deposition.
17. On May 3, 2006, Counsel for Plaintiff received a telephone call with several potential
dates from Counsel for Defendants’ office and contacted Plaintiff` the same day.
18. Plaintiff agreed to Wednesday, May 31, 2006, at 1 1:00 a.m. and said she was writing
the date down. Counsel for Plaintiff emphasized the importance of her attendance at
the deposition and told Plaintiff to come to her attomey’s office before the deposition.
19. A few minutes later, Counsel for Plaintiff contacted Counsel for Defendants’ office and
communicated the agreed upon date and time for the deposition.
20. The renotice of the deposition was filed on May 5, 2006. The notice was received by
LSCD and a copy forwarded to Plaintiff on the same day it was filed.
2 I . Counsel for Plaintiff sent another copy of the Notice to Plaintiff with an accompanying
letter on May 8, 2006.
22. On May 30, 2006, LSCD contacted Plaintiff by telephone, leaving a message to
remind Plaintiff of the deposition rescheduled for May 31, 2006 and telling her to come
to her attorney’s office before the deposition.
23. On the morning of May 31S‘, Plaintiff did not arrive at her attomey’s office. Counsel for
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Case 1:05-cv—00580-Gil\/IS Document 25 Filed 06/28/2006 Page 4 of 4
Plaintiff attempted t0 contact Plaintiff by telephone.
24. Upon reaching Plaintiff her attorney told her that she had a deposition scheduled for
today. Plaintiff stated that she was in the hospital and terminated the call.
25. Based upon the above, Plaintiff s failure to communicate with her attorney or assist her
attomey in the successtiil completion of her case, and Plaintiffs failure to appear for
two court noticed depositions, counsel for Plaintiff believes that it is not possible to
continue to adequately represent the Plaintiff
WHEREFORE, the movant respectfully requests leave to withdraw as counsel to the Plaintiff.
LEGAL SERVICES CORPORATION
OF DELAWARE, INC.
BY: Isl Susan E. Flood
Susan E. Flood, Esquire
I00 West I0th St., Suite 203
Wilmington, Delaware 19801
302-575-0408 telephone
Dated: 6/28/06 Attomey for Plaintiff
·r`\
IT IS SO ORDERED the gc/_ clay of { | X S 2006.
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