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

Case 1:04-cv—00399-G|\/IS Document 16 Filed 08/23/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: )
)
BROADBAND OFFICE, INC., ) C.A. No. 01-01720
Debtor. g
———————-l
BROADBAND OFFICE, INC., )
Plaintiff, §
v. g C.A. No. 04-399 (GMS)
DITTO COMMUNICATIONS g
TECHNOLOGIES INC. d/b/a )
DITTCOMM TECHNOLOGIES, )
Defendant. I

MOTION TO WITHDRAW AS COUNSEL
Cross & Simon, LLC ("C&S"), pursuant to Local Rule 83.7 of the District Court
for the District of Delaware, hereby moves this Court for an order authorizing C&S to
withdraw as counsel of record for the Defendant in the above-referenced matter, and in
support thereof, respectfully states as follows:
l. On December 23, 2003, Broadband Office, Inc. ("Plaintiff") tiled a
complaint against Ditto Communications Technologies Inc. ("Defendant”) seeking to
avoid and recover $40,840.32 in transfers made to the Defendant prior to the Plaintiffs
May 9, 2001 petition for relief filed under chapter 11 of title 11 of the United States
Code.
2. On behalf of Defendant, C&S tiled an answer to the complaint. The
parties have participated in fact discovery.

Case 1 :04-cv—00399-GIVIS Document 16 Filed 08/23/2005 Page 2 of 3
3. On or about July 27, 2005, this Court entered a scheduling order in this
case, setting certain deadlines and trial in this matter.
2. Pursuant to Delaware Professional Conduct Rule 1.16 (b)(5), withdrawing
is appropriate when the "client fails substantially to fulfill an obligation to the lawyer
regarding the lawyer’s services and has been given reasonable warning that the lawyer
will withdraw unless the obligation is fulfilled? In addition withdrawing is appropriate
if "the representation will result in an unreasonable financial burden on the lawyer..."
and where "good cause” exists. Rule 1.16 (b)(6) and (7).
3. Defendant currently owes C&S amounts for fees and expenses incurred by
Defendant during C&S’s tenure as counsel to Defendant. Defendant has represented that
it is unable to pay past and future legal fees and expenses of C&S.
4. C&S has served a copy of this motion to Plaintiff, and to Defendant by
certified mail addressed to the Defendanfs last known address.
WHEREFORE, C&S respectfully requests the Court enter an order authorizing
C&S to withdraw as counsel of record in the above-referenced matter. l
Dated: August 23, 2005 CROSS & SIMON, LLC
Wilmington, Delaware
BYÂ¥
Christopher P. Simon (No. 3697)
913 North Market Street, llth Floor
P.O. Box 1380
Wilmington, Delaware 19899-1380
(302) 777-4200
(302) 777-4224 (Facsimile)
2

Case 1 :04-cv—00399-GIVIS Document 16 Filed 08/23/2005 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT A
FOR THE DISTRICT OF DELAWARE
In re: )
)
BROADBAND OFFICE, INC., ) C.A. No. 01-01720
)
Debtor. )

_ )
BROADBAND OFFICE, INC., )
)
Plaintifi )
)
v. ) C.A. No. 04-399 (GMS)
)
DITTO COMMUNICATIONS )
A TECHNOLOGIES INC. d/b/a )
DITTCOMM TECHNOLOGIES, )
)
Defendant. )

ORDER
AND NOW, this day of , 2005, having considered
the motion of Cross & Simon, LLC to withdraw as counsel of record for Defendant and
the responses thereto, if any; IT IS HEREBY ORDERED that the Motion is GRANTED
and the law firm of Cross & Simon, LLC is permitted to withdraw as counsel for
Defendant.
Gregory M. Sleet
District Court Judge

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