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

l Y FILED __ oo ow
{ ___ RECEIVED
1 i` Ignacio D. Maramba C —" COPY
2 Maramba & Associates, LLC ,_ .. - i,·_,_,- — A I _
3 121 s. wake noaa; suite 101 .- . aRIiid`1°iiIioLdIi1LR%]i1?e§OiR1i[nJi=gAgngi§ AUG 0 1 2005
4 Arlington Heights, IL 60005 *` `I MEG I0 RUEUMN BY THE COURT- CLERK U S DISTRICT counr
5 847-255-3222 . .- . DQ €_E 1 5 I _ Q 2 ,, — , DISTRICT OF ARIZONA
6 847-255—4l 19 Facsimile &EERE}‘C£ (gumqmhggmh,) J : _ . . s... .. .. . ...=_ . . _ Ep -IY
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a UNITED STATES DISTRICT COURT
9 FOR THE DISTRICT OF ARIZONA
1 0
KAHALA CORP., a Florida Corporation )
tka SPORTS GROUP ) -
INTERNATIONAL, INC. a Florida ) Case N0.: CV03-2160PHX JAT
Corporation; MALIBU SMOOTHIE ) Combined With .
FRANCHISE CORP., an Arizona ) Case No. CV’04 1543 PHX MS
Corporation; FRULLATI FRANCHISE )
SYSTEMS, INC., A Texas Corporation; ) Notice of Filing and Certificate of Service
ROLLERZ FRANCHISE SYSTEMS. ) for IGNACI0 D. MARAMBA’S
LLC, an Arizona Limited Liability ) M0·]·{()N TO WITHDRAW AS
g1<3im§§§>£i;?;$ g COUNSEL Fon ALL DEFENDANTS
Z 3 NI A R
RANCH 1 GROUP, INC., a New York ) RETROACTWE TO CH 23’ 2005
Corporation, _ _ )
P*¤¤¤¤ff» ) (Assigned to the Honorable James A.
VS' . . ) Teilborg)
RILWALA GROUP, INC., an Illinois )
Corporation; MANU IOGANI, an )
Individual; PRAVIN PATEL, an )
Individual; DINESH GHANDI, an )
Individual; HARESH SHAH, an )
Individual; RB. TEXAS )
COLLECTIONS, INC., an Illinois )
Corporation; JANI FOODS, INC. a Texas )
Corporation; SNEHAL D. J ANI, an )
Individual; AMIT PATEL, an Individual; )
RIWALA FOODS, INC., an Illinois )
Corporation; and DOES1-100, Inclusive, )
Defendants g
)
)
)
11
)
AMIT PATEL, an individual; ) Case No.: CV03·2l60PI~IX JAT
ANAR ENTERPRISES, INC., an Illinois ) Combined With
Corporation, ) Case No. CV’04 1543 PHX MS
)
Cross-Complainauts )
Case 2:03-cv-02160-JAT Document 149 Filed O8/O1/2005 Page 1 of 4

I ’ vs. )
RILWALA GROUP, INC., an Illinois )
Corporation; MANU J OGAN I, an )
Individual; DINESH GHANDI, an )
Individual; PRAVIN PATEL, an )
Individual; HARESH SHAH, an )
Individual; R.B. TEXAS )
COLLECTIONS, INC., an Illinois )
Corporation; JANI FOODS, INC., a Texas)
Corporation; RILWALA FOODS, INC., )
an Illinois corporation; and DOES I — I 00, )
Inclusive, )
2
Defendants )
I
H. RILWALA GOODS, an Illinois )
corporation, and R.B. FOODS, INC., an )
Illinois Corporation, g
Piaiaarrs, g
v.
)
KAHALA CORP., a Florida corporation, g
RANCH*I GROUP, INC., a New York )
corporation, MALIBU SMOOTHIE )
FRANCHISE CORP., an Arizona )
corporation, FRULLATI FRANCHISE )
SYSTEMS, a Texas Corporation, I
ROLLERZ FRANCHISE SYSTEMS, ) ·
LLC, an Arizona limited liability )
company, and TAHI MANA, LLC., an )
Arizona limited liability company, and g
DOES1—25 INCLUSIVE ) ·
Defendants ))
1
2
3 Ignacio D. Maramba (Movant) states the following in support of his motion to withdraw
4 his individual appearance on behalf of all defendants in the entirety:
Case 2:03-cv-02160-JAT Document 149 Filed O8/O1/2005 Page 2 of 4 I

t ~ ~ r
1 1. Movant was granted leave to tile appearance pro hac vice on March 4, 2005
2 (Docket Entry 83). Movant’s appearance was solely based on his then
3 employment with Weissberg & Associates, Ltd. `
4 2. On March 23, 2005, Movant left the employ of Weissberg & Associates, Ltd.
5 3. Upon Movant’s departure, it was agreed between Movant and Weissberg &
6 Associates, Ltd. that Weissberg & Associates, Ltd. would immediately prepare
7 and file a motion to withdraw Movant’s name as attorney of record in this matter
8 since Movant would no longer be participating in the representation of any of the
9 Defendants.
10 4. On June 27, 2005, Weissberg and Associates, Ltd. did file a Substitution of
ll Attorneys (Docket Entry 137) removing all of the Weissberg attorneys from the
12 case, but inadvertently did not include Movant. Weissberg & Associates, Ltd.
13 represented to Movant that the omission was inadvertent.
14 5. Movant has received no notice that he was still counsel on the case, since his
15 address on the docket record is that of the Weissberg firm. Accordingly, Movant
16 was not aware of the Weissberg tirm’s failure to include him on any withdrawal
17 or substitution, and learned about his status as counsel for the case through a
18 routine check on Pacer on July 27, 2005.
1 9 6. Movant has not been associated with this matter since leaving the Weissberg iimi,
20 and believed in good faith that the Weissberg firm had withdrawn his appearance
21 as promised. Since that has not been accomplished by the Weissberg firm,
22 Movant now moves to withdraw his appearance instanter, with the record to
23 indicate that the withdrawal is retroactive to March 23, 2005 so that any activity
2 4 after that date is not attributed in any way to Movant.
Case 2:03-cv-02160-JAT Document 149 Filed O8/O1/2005 Page 3 of 4

1 7. The denial of this motion to would prejudice Movant in that he would
2 be listed as counsel in a case wheie he has had no relationship with the client
3 since March 23, 2005. The denial of the language regarding retroactivity would
4 prejudice Movant in that he would be associated with litigation activity over
5 which he had no role or control.
6 Wherefore, Movant prays that this Court grant his Motion to Withdraw as
7 Counsel for All Defendants, retroactive to March 23, 2005.
8
9
10 Respectfully submitted,
11 .
12 IGNACIO D
13 ·
14 BY:
15
16
1 1 Ignacio D. Maramba
18 Mararnba & Associates, LLC
19 121 S. Wilke Road; Suite 101
20 Arlington Heights, IL 60005
21 847-255-3222
22 847-255-4119 Facsimile
23
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