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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

William Foreman, P.C. (010617) 7272 East Indian School Road, Suite 203 Scottsdale, Arizona 85251 (480) 941-2700 FAX: (480) 481-9021 Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT THE DISTRICT OF ARIZONA

David J. Braunstein, Plaintiff, vs. United States Postal Service; Charles Smith, an individual; Darcy A. Cerow, an individual; Department of Justice, and Does 1 through 20 inclusive, Defendant.

No. CV 04-0401-PHX-NVW MOTION TO WITHDRAW AS LOCAL COUNSEL

William Foreman, undersigned counsel, hereby moves to withdraw from the above-captioned civil action where he has served as local counsel for attorney Philip Stillman of the Law Offices of Flynn & Stillman, 224 Birmingham Drive, Suite 1A4, Cardiff, California 92007. Attorney Stillman has been serving as counsel of record for the Plaintiff. Counsel undersigned agreed to serve as local counsel for attorney Stillman who is licensed to practice in California, but apparently not Arizona. During the pendency of attorney Stillman's representation of the Plaintiff, counsel undersigned received numerous pleadings and other documents relevant to the case. Attorney Stillman did not consult with counsel undersigned regarding processing of the case,
Case 2:04-cv-00401-NVW Document 71 Filed 05/18/2006 Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

litigation strategy, or client contact. Counsel undersigned has never met or communicated with the Plaintiff in this matter. During August 2005, counsel undersigned became concerned about the lack of communication with attorney Stillman, and as a result, telephoned attorney Stillman to discuss the case. Attorney Stillman advised counsel undersigned that the case was pending appeal in the Ninth Circuit, which counsel undersigned has since verified. Counsel undersigned requested compensation from attorney Stillman, who indicated that he would "get back to" counsel undersigned regarding compensation . Counsel undersigned has had no further contact with attorney Stillman since midsummer of 2005, and remains uncompensated for his legal services. Several letters have been sent to attorney Stillman seeking information about the case. To date there has been no reply from attorney Stillman. Also, at least three phone messages have been left for attorney Stillman seeking information about the case, none of which have been returned. Counsel undersigned communicated with counsel for the government in late April, 2006, to try to understand the procedural posture of the case and was advised by counsel for the government that the briefing schedule had not yet been posted. Local Rule 83.3(b)(2) provides that an application for withdrawal that does not bear the written approval of the client shall be made by motion and served upon the client and all of the parties or their attorneys. Additionally, Local Rule 83.3(b)(2)(B) provides for a process wherein "the client cannot be located or for whatever other reason cannot be notified of the pendency of the motion and the status of the case." Id. Counsel undersigned respectfully submits that this motion for withdrawal falls within the purview of Local Rule 83.3(b)(2)(B) given that counsel undersigned has never met or spoken with the client, has no contact information ...
Case 2:04-cv-00401-NVW Document 71

2 Filed 05/18/2006

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

regarding the client, and is unable to communicate either in written form or telephonically with attorney Stillman. This matter is currently on appeal in the Ninth Circuit Court of Appeals (Docket No. 05-16390) and as a result no trial is currently pending. Counsel undersigned has been advised by court staff at the Ninth Circuit that he is not listed as counsel of record for the Plaintiff and has no legal obligation in regard to the Plaintiff's appeal. For the foregoing reasons, William Foreman, local counsel for the Plaintiff, respectfully requests that the Court find that good cause has been shown and that he should be permitted to withdraw. A form of order has been attached for the Court's convenience. Respectfully submitted: May 18, 2006.

____________________________ William Foreman, P.C.

Case 2:04-cv-00401-NVW

Document 71

3 Filed 05/18/2006

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Copy of the foregoing transmitted by CM/ECF for filing this 18 day of May, 2006, to: CLERK'S OFFICE United States District Court Sandra Day O'Connor Courthouse 401 W. Washington Phoenix, Arizona 85003 PHILIP H. STILLMAN, ESQ. Flynn & Stillman 224 Birmingham Drive, #1A3 Cardiff, California 92007 ELIZABETH WEISHAUPL, ESQ. United States Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 MICHAEL C. JOHNSON, ESQ. United States Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 s/William Foreman

Case 2:04-cv-00401-NVW

Document 71

4 Filed 05/18/2006

Page 4 of 4