Free Notice (Other) - District Court of Colorado - Colorado

Case 1:01-cv-02163-BNB-MEH

Document 285

Filed 02/01/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-CV-2163-BNB-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, vs. EL PASO PROPERTIES, INC., Defendant. ______________________________________________________________________________ NOTICE OF INTENT TO WITHDRAW ______________________________________________________________________________ COMES NOW Michael J. Gustafson, in compliance with District of Colorado Local Civil Rule 83.3, and hereby submits the following Notice of Intent to Withdraw in support of the undersigned's Motion to Withdraw as counsel of record for El Paso Properties, Inc. in the above-captioned case. NOTIFICATION CERTIFICATE TO EL PASO PROPERTIES, INC.: You are hereby notified that the undersigned intends to withdraw as the attorney of record for El Paso Properties, Inc. ("El Paso") and has requested that the Court enter an Order authorizing his withdrawal fifteen (15) days after serving this notice on El Paso. 1. Michael J. Gustafson wishes to withdraw as attorney of record for El Paso in the above-captioned case. 2. The Court will continue to have jurisdiction of this matter even if Michael J. Gustafson no longer represents El Paso. 3. El Paso has the burden of keeping the Court informed where notices, pleadings or other papers may be served. 4. Even if Michael J. Gustafson is allowed to withdraw as El Paso's attorney, El Paso has the responsibility and the obligation to prepare for any possible future hearings and/or trial when the trial date has been set, or to obtain another attorney to represent it in this matter.
EL PASO GOLD MINES, INC.'S NOTICE OF INTENT TO WITHDRAW FOR MICHAEL J. GUSTAFSON Sierra Club, et al. v. El Paso Gold Mines, Inc. (Civil Action No. 01-CV-2163) Page 1

Case 1:01-cv-02163-BNB-MEH

Document 285

Filed 02/01/2008

Page 2 of 2

5. If El Paso fails or refuses to meet the above burdens and responsibilities, EL PASO may suffer possible serious consequences and/or default, and the Court may proceed to decide matters in the above-captioned case against El Paso. 6. 7. That the upcoming hearings have been set as follows: NONE Service of process may be served upon El Paso Properties, Inc.

8. El Paso has fifteen (15) days from the date of this Notice in which to object to Michael J. Gustafson withdrawing as its attorney of record in this matter. Respectfully submitted this 1st day of February, 2008. DULY SIGNED ORIGINAL ON FILE

_s/ Michael J. Gustafson__________ Michael J. Gustafson CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing NOTICE OF INTENT TO WITHDRAW was sent via ECF this 1st day of February, 2008, to the following: John M. Barth, Esq. Attorney at Law Post Office Box 409 Hygiene, Colorado 80533 Stephen D. Harris, Esq James L. Merrill, Esq 20 Boulder Crescent Colorado Springs, CO 80903 DULY SIGNED ORIGINAL ON FILE _ s/ Michael J. Gustafson__________ Michael J. Gustafson Roger Flynn, Esq. Jeffrey C. Parson, #30210 2260 Baseline Road, Suite 101A Boulder, Colorado 80302

NOTICE OF INTENT TO WITHDRAW FOR MICHAEL J. GUSTAFSON Sierra Club, et al. v. El Paso Gold Mines, Inc. (Civil Action No. 01-cv-2163-BNB-MEH) Page 2