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

Case 1:03-cv-00557-WYD-KLM

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Filed 06/02/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-557-WYD-KLM RUSSELL M. BOLES, Plaintiff, v. GARY D. NEET, Defendant.

UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Jessica Runyan Allen and Blain D. Myhre, of Isaacson Rosenbaum P.C., move to withdraw as counsel for Plaintiff Russell M. Boles, pursuant to D.C.Colo.LCivR 83.3(D). In support of this motion, counsel states as follows: D.C.Colo.LCivR 7.1(A) CERTIFICATION 1. Pursuant to D.C.Colo.LCivR 7.1(A), undersigned counsel conferred with counsel

for the Defendant, Assistant Attorney General James Quinn. Mr. Quinn does not oppose this motion. MOTION 2. Until recently, the parties were very close to settling this case, having negotiated

all but one term of the final settlement. Based on this probable settlement, on April 21, 2008 the Court granted the Parties' Motion to Amend the Scheduling Order which set the following revised deadlines:

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Case 1:03-cv-00557-WYD-KLM

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a. Designation of experts: b. Designation of rebuttal experts: c. End of discovery period: 3.

June 2, 2008 June 30, 2008 July 15, 2008

Recently, an irreconcilable conflict of interest has developed between undersigned

counsel and Plaintiff. Due to the attorney-client privilege, undersigned counsel cannot divulge the nature of the conflict. The conflict, however, cannot be remedied and justifies withdrawal of counsel under Rule 1.16 of the Colorado Rules of Professional Conduct. 4. Contemporaneously with this Motion, undersigned counsel has filed a Motion to

Amend the Scheduling Order to allow Plaintiff sufficient time to obtain other counsel to represent him and to engage in discovery and obtain expert witnesses, if appropriate. Because this is a prisoner's rights case and Plaintiff Boles is currently incarcerated at the Sterling Correctional Facility, Plaintiff will likely need the assistance of the Court in appointing new counsel. NECESSITY OF WITHDRAWAL 5. The conflict of interest between Plaintiff and undersigned counsel prevents

undersigned counsel from continuing to represent Plaintiff. Because continued representation of Plaintiff under the circumstances would be contrary to the Colorado Rules of Professional Conduct, undersigned counsel should be permitted to withdraw, and Plaintiff should be appointed new, conflict-free counsel. Cf. Holloway v. Arkansas, 435 U.S. 475, 485-86 (1978) (citing cases holding that "an attorney's request for the appointment of separate counsel, based on his representations as an officer of the court regarding a conflict of interests, should be granted.")

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Case 1:03-cv-00557-WYD-KLM

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6.

The conflict is of such seriousness that undersigned counsel cannot continue to

carry out the representation effectively. See Colo. RPC 1.16(b). Thus, good cause exists to permit undersigned counsel to withdraw. 7. 83.3(D). WHEREFORE, counsel respectfully requests this Court enter an Order permitting undersigned counsel to withdraw as Plaintiff's counsel of record. Respectfully submitted this 2nd day of June, 2008. Counsel has fulfilled all the obligations and requirements of D.C.Colo.LCivR

By:

s/ Blain D. Myhre_____________________ s/ Jessica R. Allen Blain D. Myhre Jessica R. Allen Isaacson Rosenbaum P.C. 633 17th Street, Suite 2200 Denver, Colorado 80202 Telephone: (303) 292-5656 Facsimile: (303) 292-3152 Email: [email protected] Email: [email protected] ATTORNEYS FOR THE PLAINTIFF

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Case 1:03-cv-00557-WYD-KLM

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CERTIFICATE OF SERVICE I hereby certify that on the 2nd day of June, 2008, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email address: [email protected] James X. Quinn, Esq. Colorado Attorney General's Office Civil Litigation and Employment Law Section 1525 Sherman Street, 4th Floor Denver, Colorado 80204 A copy of the foregoing was sent via U.S. mail to: Russell M. Boles, DOC #90379 Sterling Correctional Facility P.O. Box 6000, SCF-4 Sterling, Colorado 80751 and Case Manager of Russell Marshall Boles #90379 Sterling Correctional Facility (SCF) P.O. Box 6000 Sterling, CO 80751

s/Jessica Runyan Allen Jessica Runyan Allen Attorney for Plaintiff Russell Boles Isaacson Rosenbaum P.C. 633 17th Street, Suite 2200 Denver, Colorado 80202 Telephone: (303) 292-5656 Facsimile: (303) 292-3152 E-mail: [email protected]

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