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

Case 1:02-cv-01662-RPM

Document 294

Filed 05/03/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-1662-RPM ROBERT HUNTSMAN, et al., Plaintiffs, and NOVA GROUP, INC. d/b/a/ TRILOGY STUDIOS, INC., et al., Counterclaim Defendants, v. STEVEN SODERBERGH, et al., Defendants and Counterclaimants, and THE DIRECTORS GUILD OF AMERICA, Defendant-in-Intervention and Counterclaimant-in-Intervention. ________________________________________________________________________ MOTION FOR WITHDRAWAL OF COUNSEL ________________________________________________________________________ Pursuant to D.C.Colo.LCivR 83.3(D), Kathleen E. Craigmile, Cameron T. Chandler, the offices of Bennington Johnson Biermann & Craigmile, LLC, Mark F. Wright and the offices of Wright Law Group, PLLC (collectively, the "Movants") respectfully move for an order of this Court permitting them to withdraw as counsel in this action for Counterclaim-Defendant Family Flix USA, L.L.C. ("Family Flix"). As grounds for this motion Movants state:

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Case 1:02-cv-01662-RPM

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Filed 05/03/2006

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1. 18, 2002. 2.

Movants originally entered their appearance in this matter on December

Bennington Johnson Biermann & Craigmile, LLC ("Bennington

Johnson"), through Cameron T. Chandler, has incurred legal fees and costs in representing Family Flix in this action. Family Flix presently owes Bennington Johnson several thousand dollars in outstanding legal fees and litigation-related expenses and has disregarded an agreement or obligation to Bennington Johnson regarding the payment of such fees and expenses in this action. 3. The Wright Law Group, through Mark F. Wright, has incurred legal fees

and costs in representing Family Flix in this and other matters. Family Flix presently owes the Wright Law Group an amount in excess of $30,000 for legal services provided by the Wright Law Group in this case and other legal matters. 4. Neither Bennington Johnson nor the Wright Law Group anticipates ever

receiving payment from Family Flix for the outstanding legal fees and litigation-related expenses. 5. Family Flix has been dissolved and received a Certificate of Termination

from the State of Arizona Corporation Commission on November 9, 2005, a copy of which is attached hereto as Exhibit 1. 6. Family Flix is not facing any pending deadlines in this action; however,

Cameron T. Chandler will attend the Motions and Setting Hearing scheduled for May 10, 2006 in anticipation of the Court's approval of this Motion for Withdrawal.

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Case 1:02-cv-01662-RPM

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7.

NOTICE IS HEREBY GIVEN to the former manager of Family Flix,

Richard Teraci, of the withdrawal of Movants and Family Flix will be responsible for complying with all court orders and time limitations established by any applicable rules. 8. NOTICE IS FURTHER GIVEN that Family Flix, as a legal entity, cannot

appear without counsel admitted to practice before this Court, and absent prompt appearance of substitute counsel, pleadings, motions, and other papers may be stricken and default judgment or other sanctions may be imposed against Family Flix. WHEREFORE, for good cause shown herein, Movants Kathleen E. Craigmile, Cameron T. Chandler, the offices of Bennington Johnson Biermann & Craigmile, LLC, Mark F. Wright, and the offices of Wright Law Group, PLLC respectfully request that this Court issue an Order allowing each of the Movants to withdraw from this matter as counsel for Counterclaim-Defendant Family Flix USA, L.L.C. Dated May 3, 2006 s/ Cameron T. Chandler ______________________________ Kathleen E. Craigmile Cameron T. Chandler BENNINGTON JOHNSON BIERMANN & CRAIGMILE, LLC 370 17th Street, Suite 2480 Denver, CO 80202 (303) 629-5200 Mark F. Wright, Esq. WRIGHT LAW GROUP, PLLC 7201 West Oakland, Suite 2 Chandler, AZ 85226 (480) 477-3788

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Case 1:02-cv-01662-RPM

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CERTIFICATE OF SERVICE I hereby certify that on this May 3, 2006, I electronically filed the foregoing Motion of Withdrawal as Counsel with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following: Mark Wiegla, Esq. Erika Zimmer Enger, Esq. Nathan M. Longenecker, Esq. Temkin Wielga & Hardt LLP 1900 Wazee Street, Suite 303 Denver, CO 80202 Ernest J. Getto, Esq. Daniel Scott Schecter, Esq. Catherine S. Bridge, Esq. Anthony N. Luti, Esq. Latham & Watkins 633 W. Fifth Street, Suite 4000 Los Angeles, CA 90071 Andrew P. Bridges, Esq. Thomas B. Kelley, Esq. Christopher Beall, Esq. Natalie Hahlon-Leh, Esq. Faegre & Benson LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, CO 80203 Jeffrey N. Aldous, Esq. Leefe, Gibbs, Sullivan, Dupre & Aldous 4262 Imperial Way Provo, UT 84604

David N. Schachter, Esq. Sherman & Howard, LLC 633 ­ 17th Street, Suite 3000 Denver, CO 80202

Andrew Bridges Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304-105 Thomas P. Howard, Esq. 245 Century Circle, Suite 206 Louisville, CO 80027

Scott J. Mikulecky, Esq. Sherman & Howard, LLC 90 South Cascade Ave., Suite 1500 D.J. Poyfair, Esq. Colorado Springs, CO 80903 Jennifer Schaffner, Esq. Shughart Thomson & Kilroy, PC Jonathan Zavin, Esq. 1050 ­ 17th Street, Suite 2300 Jacques Rimokh, Esq. Denver, CO 80265 Christian D. Carbone, Esq. Loeb & Loeb LLP 345 Park Avenue New York, NY 10154 s/ Katie Simonson _________________________________ 4