Free Response to Motion - District Court of Arizona - Arizona

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Ira M. Schwartz (I.D. No. 010448) Michael A. Cordier (I.D. No. 014378) DeCONCINI McDONALD YETWIN & LACY, P.C. 7310 N. 16th Street, Suite 330 Phoenix, Arizona 85020 Telephone (602) 282-0500 Facsimile (602) 282-0520
Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA

DECONCINI MCDONALD YETWIN & LACY, P.C.

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16th Street, Suite 330 Phoenix, Arizona 85020

Erchonia Medical Inc., et al Plaintiff, v. Miki Smith, et al Defendants.

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Case No.: CIV 02-2036-PHX-MHM Consolidated with CIV 02-2048-PHX-MHM CIV 02-2353-PHX-MHM RESPONSE TO MOTION FOR LEAVE TO WITHDRAW AS COUNSEL

7310 North

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Plaintiff submits this response to the Motion For Leave to Withdraw as Counsel filed by Gordon Bueler and the law firm of Bueler Jones LLP (the "Motion to Withdraw"), as counsel for Defendant Miki Smith. For the reasons stated below, Plaintiff does not object to this motion. As stated in the Motion, Mr. Smith has repeatedly and unequivocally stated as early as August 10, 2007 that he no longer wants Mr. Bueler or his firm to represent him. His statements further specifically instructed Mr. Bueler that he was not authorized to

Case 2:02-cv-02036-MHM

Document 378

Filed 08/24/2007

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represent him in this matter.

In addition, it is further clear that Mr. Smith has not

cooperated with Mr. Bueler in preparing this case for trial. The case law cited in the Motion to Withdraw shows that under these circumstances

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Mr. Bueler can no longer represent Mr. Smith. See also Doggett v. Deauville Corp., 148
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F.2d 881, (5th Cir. 1945). If Mr. Bueler cannot act on behalf of Defendant Miki Smith, and his authority to do so has clearly been revoked, there does not appear to be any basis to

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require Mr. Bueler to remain in this action.
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DECONCINI MCDONALD YETWIN & LACY, P.C.

For the reasons stated above, Plaintiff does not object to the Motion to Withdraw.
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North 16th Street, Suite 330 Phoenix, Arizona 85020

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Dated this 24th day of August, 2007. DeCONCINI McDONALD YETWIN & LACY

By _s/ Ira M. Schwartz_____________________ Ira M. Schwartz Michael A. Cordier 7310 N. 16th St., Suite 330 Phoenix, Arizona 85020 (602) 282-0500 Attorneys for Erchonia Medical Inc. and Kevin Tucek

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Case 2:02-cv-02036-MHM Document 378 Filed 08/24/2007 Page 2 of 3

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Certificate of Service I certify that on August 24, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to those attorneys registered with CM/ECF: Gordon S. Bueler, Esq. BUELER JONES, LLP 1300 N. McClintock Drive, Suite B-4 Chandler, AZ 85226 Attorneys for Miki Smith and KMS Marketing, Inc.

DECONCINI MCDONALD YETWIN & LACY, P.C.

__s/ Ira M. Schwartz________
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North 16th Street, Suite 330 Phoenix, Arizona 85020
7310

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Case 2:02-cv-02036-MHM Document 378 Filed 08/24/2007 Page 3 of 3