THE LAw FIRM OF
2 PETER STROJN IK
3030 North Central Avenue, Suite 1401
3 Phoenix, Arizona 85012
602-297-3019
4 www/str0jnik.c0m
Attorney for Plaintiff
5
IN THE UNITED STATES DISTRICT COURT
6
7 FOR THE DISTRICT OF ARIZONA
8 _ )
DAVID MENKEN, a s1ngle man, ) NO. CV 04-598-PHX-MHM
9 . . )
Plamufh) MoT1oN TO WITHDRAW AS
10 ) COUNSEL
Vs. )
“ GEISRY F. (EM];/I a1&MA%` hus and an wi eg LD ELL N R
12 ITILDO, INC. a foreign corporation; g CERTIFICATE OF COUNSEL
MARSHA L. TOMERLIN and JOHN DOE .
13 roMERL1N, husband and wire, JIM >
VALENTINE and JANE DOE VALENTINE, )
14 husband and wife; DAVID J. MORANDI and)
JANE DOE MORANDI, husband and wife, )
15 SCARPELLO, HUSS & OSHINSKI, LTD, a )
Nevada Law firm, g
16
Defendants. )
17
18 Pursuant to LRCiv 83.3(b)(2), undersigned counsel respectfully requests that he b
19
permitted to withdraw as counsel for the reason that in the opinion of counsel furthe
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representation may violate counsel’s professional obligations. Counsel has previously filed wit
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22 the Court a Notice of Non-Representation (DOC 51) in which counsel advised the Court tha
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25
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Case 2:O45cv500§9E,&Il{l,l;II&Y_, Document 56 @@1/0]/@007 Page 1 of4
1 Plaintiff was represented by John Derrick, 1216 State Street, Santa Barbara, California 931011.
2 At the time of the filing of Notice of Non-Representation, this matter was on appeal. Counse
3
was acting under the rule that the filing of a notice of appeal transfers jurisdiction from th
4
district court to the court of appeals with respect to all matters involved in the appeal. Griggs v.
5
6 Provident Consumer Discount Co., 459 U.S. 56, 103 S. Ct. 400, 402, 74 L. Ed. 2d 225 (1982
7 (per curiam). The rule is designed to avoid the confusion and inefficiency of two court
8 considering the same issues simultaneously. 9 J. Moore, B. Ward & J. Lucas, Moore's Federa
9 Practice P203.ll at 3-44 n.l (2d ed. 1983). The Notice of Non-Representation was filed in lie
10
of a Motion to Withdraw in light of the transfer of jurisdiction to the Court of Appeals and th
ll
12 then current representation of Plaintiff by Mr. Derrick.
13 Counsel certifies that:
14 1. He has advised Plaintiff by letter dated 11-07-07 sent to Plaintiff by regular mail and e-mai
15 that the Court has scheduled a hearing for November 13, 2007 at 4:00 p.m. and suggeste
16
that Plaintiff retain new counsel for appearance — along with the undersigned — at th
17
scheduled time and date. Counsel quoted from the court docket:
18
19 Full docket text for document 55:
20 Minute Entry for proceedings held before Judge Mary H Murguia on 11/5/07.
Court Reporter: Merilyn Sanchez. Appearances: Vincent Creta for the defendants.
21 This is the time set for Status Hearing re: remand. The Court notes the absence of
Plaintiffs counsel, Peter Strojnik. IT IS ORDERED setting this matter for Order to
22 Show Cause Hearing on Tuesday, November 13, 2007 at 4:00 p.m., at which time
23 Mr. Strojnik shall be present and show cause why this matter should not be
24 —;i··—··;—·
25 I Since moved to new address: John Derrick, The Law Office of John Derrick, 21 East Predregosa
Street, Santa Barbara, CA 93101. Tel: 805/284-1660, Fax:805/456-4440. Email:
[email protected].
-2-
Case 2:04-cv-OO§g$-IVIHIVI Document 56 Filed 11/O7/2007 Page 2 of 4
1 dismissed for his failure to appear. [This is a TEXT ENTRY ONLY. There is no
2 PDF document associated with this entry.] (KSP)
3 2. The last known street address, e-mail address and telephone—fax for Plaintiff are:
4 David Menken
23233 N. Pima Road
5 Suite 113-115
6 Scottsdale, Arizona 85255
Phone — fax: 480-471-3529
7 e-mail [email protected]
8 3. That the last known address, e-mail address and telephone number for Plaintiffs attorne
9
are:
10
John Derrick, Esq.
U The Law Office of John Derrick
12 21 East Predregosa Street
Santa Barbara, CA 93101
13 Tel: 805/284-1660
Fax:805/456-4440
14 Email: [email protected].
15 RESPECTFULLY SUBMITTED this 7th day of November, 2007.
16
PETER STROJNIK, P.C.
17
18 P trojnr
19 orneys for Plainti f
20 The original e-filed this 7th day of November, 2007
with the Clerk of the Court.
21
Copies mailed — e-mailed as follows:
22
23 David Menken
23233 N. Pima Road
24 Suite 113-115
Scottsdale, Arizona 85255
25 By mail and e-mail [email protected]
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Case 2:04-cv-00§,98Ml¢II\/I Docurrrent 56 FiEd £07/2007 Page 3 of 4
I John Derrick, Esq.
2 The Law Office of J chu Derrick
21 East Predregosa Street
3 Santa Barbara, CA 93101
By mail and e-mail: [email protected].
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Case 2:04-cv-00598&I,ILDccument 5 Page 4 of 4
Case 2:04-cv-00598-MHM
Document 56
Filed 11/07/2007
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Case 2:04-cv-00598-MHM
Document 56
Filed 11/07/2007
Page 2 of 4
Case 2:04-cv-00598-MHM
Document 56
Filed 11/07/2007
Page 3 of 4
Case 2:04-cv-00598-MHM
Document 56
Filed 11/07/2007
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