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

Case 1 :04—cv—00394-GIVIS Document 10 Filed 07/28/2005 Page 1 of 3
IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Chapter It
BROADBAND OFHC12, INC., Case Nu. 01-01720 (GMS)
Debtor.
Adversary Proceeding N0. 03-6019.3
C.A.No.: 04—394 GMS
BROADBAND OFFICE, INC.,
Pleimtiii
v.
AMERILINK LLC F/K/A AMEMLINK CORP.
D/B/A NACOM,
Defestdmtt.
MOTION OF BIFFERATO, GENTILOTTI & BIDEN
FOR LEAVE TO WITHDRAW AS COUNSEL
NOW COMES Bifferato, Geutilotti & Biden ("BGB") and hereby moves the Court
])LtE'SLlH1'lI to Del. Battle". LR 90} 0-2 and D.. Del. LR 83 .7 (as made applicable to these proceciures
by Dei. l3zmI<1‘. LR IO0l~I(b)) for leave to withdraw as Amerillxtk LLC F/KJA Ameriliulc
Co1··p.D/B/A Netcom (°‘Ame1siIin1<") counsel in this case and in support thereof states as follows:

Case 1 :04—cv—00394-GIVIS Document 10 Filed 07/28/2005 Page 2 of 3
E. BACKGROUND
l. On or about June 2i, 2004, tire reference ofthis adversary proceeding was withdrawn
and assigned to the Honorable Gregory M. Sleet.
2. On June 27, .2005 a status conference was ireid hy the Court.
3. Amerliink is no ionger a business entity and the company has been closed down.
Tlreretbre, BGB can not continue to represent a business that is no longer in place and can not
detend the cornpany.
4. At the status conterence, the Plaintiff informed the Court that he would not object to
l3CrB’s application to withdraw as counsel.
5. The Court stated that it would approve the Motion to Withdrawn when tiled.
H. ARGUMENT
A. BGB Has Stated A Sufficient Basis for Withdrawal.
6. The decision whether to grant an attorney’s motion to withdraw from
representation rests within the discretion ofthe Court. Ohntrup v. Firearms Center. Inc., 802
l?.2cl 676, 679 (3d Cir. 1986); Bavaes v. SEPTA, 887 F. Supp. IOS, lll) (ED. Pa. l995) (Joyner,
J ,). BGB submits that sufficient cause exists to perrnit BGB to withdraw from further
representation of Berger & Norton in this case.
7. The Models Rules of Professional Conduct ("MRPC") of the American Bar
Association govern attorneys in this Court pursuant to D. Del. LR 83.6(d)(2) (as applicable under
Del. Barrios. LR lOOl~i(i;>)). Counsel rnay withdraw ii "the client tails substantially to fulfill an
obligation to the lawyer regarding the lawyer’s services and has been given a reasonable warning
that the lawyer wili withdraw unless the obligation is fulfilled? (MPRC.i.. l 6(h)(5)). The MPRC
itrrtlrer allows counsel to withdraw "if the representation will result in an unreasonable financial

Case 1 :04—cv—00394-GIVIS Document 10 Filed 07/28/2005 Page 3 of 3
burden on the iawryer or has been rendered unreasonabiy difiicult by the c1ient." (MPRC
11i 16(b)(6)).
8, Counsei is required to give 10 days prior notice ofa request to
withdraw to atl parties (along with the party—c1ient) pursuant to D. Dei., LR 83.7,. Notice of this
Motion has been provided to corporate counsei fo1·‘/-Xrnerilinlc, counsel to Piaintiff, BGB submits
that as outiined on the Certificate of Service tiled herewith, the required notice under D. Dei. LR
83 ,7 has been made and no further notice is necessary,
9. No prior reiief has been sought or granted in this or any other court,
10. The Motion contains no novel issues of law or fact and contains citations to
appropriate legai authority. Accordingiy, BGB respectfully requests that the Court waive the
requirement for the tiling of a brief under D. Dei, LR 712 (incorporated by reference under Delr
Bankr: LR 1001 .1 (b)),
DATED: Juiy 28, 2005r Q {
Ian Connor Biffetato (#3273)
Garvan F. McDaniel (#4167)
B1FFE%TO, GENTILOTTI & BIDEN
1308 Deiaware Avenue
PD. Box 2i65
Wilmington, DE 1989%.2165
(302) 429-1900

Case 1:04-cv-00394-GMS

Document 10

Filed 07/28/2005

Page 1 of 3

Case 1:04-cv-00394-GMS

Document 10

Filed 07/28/2005

Page 2 of 3

Case 1:04-cv-00394-GMS

Document 10

Filed 07/28/2005

Page 3 of 3