Case 1:04-cr-00103-REB-MEH
Document 1426
Filed 11/16/2007
Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 04-CR-103-RB UNITED STATES OF AMERICA Plaintiff, vs. 6. MIKE SMITH, Defendants. NOTICE OF INTENT TO WITHDRAW AS COUNSEL OF RECORD TO: Michael Smith 7708 N. Nappa Street Spokane, WA 99217 PLEASE TAKE NOTICE that Declan J. O'Donnell of the law firm of Declan Joseph O'Donnell, P.C. has requested permission from the Court to withdraw from further representation of Defendant Michael Smith in the captioned case by presenting to the Court a Motion to Withdraw as Counsel. A copy of the Motion is attached to this Notice. We acknowledge you are represented by counsel of record, Richard Stuckey. However, you are hereby notified of the following : 1. 2. Declan J. O'Donnell wishes to withdraw from this case; The Court in which this action is pending retains jurisdiction over Defendant
Michael Smith and the subject matter of this action; 3. Defendant Michael Smith has the burden of keeping the Court informed where
notices, pleadings or other papers may be served; 4. Defendant Michael Smith has the obligation to prepare for trial or any other
hearings scheduled, or hire counsel to prepare for such trial or hearings;
Case 1:04-cr-00103-REB-MEH
Document 1426
Filed 11/16/2007
Page 2 of 3
5.
If Defendant Michael Smith fails or refuses to meet the obligations described
above, they may suffer certain losses of their rights and/or be cited for contempt and/or possible default; 6. That Defendant Michael Smith is responsible for the dates of any proceedings,
and that the holding of such proceedings will not be affected by the withdrawal of counsel. 7. Michael Smith may file an Objection to the Motion to Withdraw within fifteen
(15) days of the date of this Notice of Withdrawal. If an objection is filed, the matter shall be referred to the Court. Dated this 15th day of November 2007. Respectfully submitted this on the 16th day of November 2007. Respectfully Submitted,
s/ Declan J. O'Donnell Declan J. O'Donnell, #4412 Attorney for Defendant Smith 777 Fifth Street Castle Rock, CO 80104 Phone (303) 688-1193 Facsimile (303) 663-8595 Email: [email protected]
Case 1:04-cr-00103-REB-MEH
Document 1426
Filed 11/16/2007
Page 3 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 04-CR-103-RB UNITED STATES OF AMERICA Plaintiff, vs. 6. MIKE SMITH, Defendant. CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of this foregoing Notice of Intent to Withdraw was electronically filed with the Clerk of the court using CM/ECF system which will send notification of such filing to the following and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants via first class mail, postage prepaid: Matthew T. Kirsch, AUSA [email protected] Wyatt Angelo, AUSA [email protected] Peter Bornstein, Esq. [email protected] Thomas Hammond, Esq. [email protected] Daniel T. Smith, Esq. [email protected] Thomas Goodreid, Esq. [email protected] Ron Gainor, Esq. [email protected] Mitchell Baker, Esq. [email protected] Richard K. Kornfeld, Esq. [email protected] Richard Stuckey, Esq. [email protected] Michael Smith (Via U.S. Mail) Dated: November 16, 2007 s/ Declan J. O'Donnell Declan J. O'Donnell, PC 777 Fifth Street Castle Rock, CO 80104 Phone (303) 688-1193 Facsimile (303) 663-8595 Email: [email protected] Attorney for Defendant Michael Smith