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

Case 1:04-cv-01819-ZLW-CBS

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Filed 08/23/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1819-ZLW-CBS RHONDA KYLE, Plaintiff, v. BROWN & BIGELOW, INC., and BILL SMITH, JR., Defendants.

MOTION TO WITHDRAW

Stacy Lynn Bettison, counsel of record for Defendants Brown & Bigelow, Inc. and Bill Smith, Jr. ("Defendants"), respectfully move this Court to enter an Order allowing her to withdraw as counsel for the aforementioned parties. In support of this Motion, undersigned counsel states as follows: 1. 2. Undersigned is counsel of record for the Defendants in the above-entitled action. Undersigned counsel had been employed with the Greene Espel, P.L.L.P. law

firm ("Greene Espel") in Minneapolis, Minnesota. Undersigned left the employ of Greene Espel in May of 2005, and is not currently engaged in the practice of law. To that end, undersigned counsel must withdraw from all active cases. 3. The Defendants currently have capable counsel in Matthew B. Dillman, of Burns,

Figa & Will, P.C. and Larry Shapiro, of Greene Espel, who will remain as counsel of record.

Case 1:04-cv-01819-ZLW-CBS

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4.

Undersigned hereby notifies the Defendants that through Messrs. Dillman and

Shapiro, as attorneys of record, that Defendants are responsible for complying with all Court Orders and time limitations established by any and all applicable rules. 5. Filed contemporaneously with this Motion and incorporated herein by reference

is a Notice of Withdrawal which Undersigned has delivered to the Defendants, disclosing that undersigned counsel has made reasonable efforts to give actual notice: (a) (b) (c) that the Undersigned wishes to withdraw as Defendant's counsel; that the Court retains jurisdiction of the above-entitled action; that the Defendants, through Messrs. Dillman and Shapiro, as attorneys of

record, have the burden of keeping the Court informed where notices, pleadings, or other papers may be served; (d) possible default; (f) that the dates of any future proceedings will not be affected by the that if the Defendants fail or refuse to meet these burdens, they may suffer

withdrawal of Ms. Bettison; and (g) that Brown & Bigelow, Inc. cannot appear without counsel admitted to

practice before this Court.

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Dated: August 23, 2005. /s/ Stacy Lynn Bettison Stacy Lynn Bettison 2721 France Ave. S. Minneapolis, MN 55416 (612) 929-2205

BURNS, FIGA & WILL, P.C.

/s/ Matthew Brian Dillman Dana L. Eismeier Matthew Brian Dillman 6400 S. Fiddlers Green Circle Suite 1030 Englewood, CO 80111 303-796-2626 GREENE ESPEL, P.L.L.P. Lawrence M. Shapiro, P.A. 200 S. 6th Street, Suite 1200 Minneapolis, MN 54402 612-373-0830 ATTORNEYS FOR DEFENDANTS

Case 1:04-cv-01819-ZLW-CBS

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CERTIFICATE OF SERVICE

I hereby certify that on August 23, 2005 I electronically filed the MOTION TO WITHDRAW with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail address: Brice A. Tondre 1821 Blake Street Suite 2C Denver, Colorado 80202-1287 [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CMECF participants in the manner indicated by the non-participant's name: Via U.S. Mail: Bill Smith, Jr. and Brown & Bigelow, Inc. 345 East Plato Boulevard St. Paul, MN 55107

/s/ Matthew Brian Dillman Dana L. Eismeier Matthew Brian Dillman BURNS, FIGA & WILL, P.C. 6400 S. Fiddlers Green Circle, Suite 1030 Englewood, CO 80111 Phone: 303-796-2626 Fax: 303-796-2777 E-mail: [email protected]

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