Motion To Withdraw 3q22
This document was ed by and they confirmed that they have the permission to share it. If you are author or own the copyright of this book, please report to us by using this report form. Report 3b7i
Overview 3e4r5l
& View Motion To Withdraw as PDF for free.
More details w3441
- Words: 763
- Pages: 5
Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.237 Page 1 of 5
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SAM SABOURY, Plaintiff,
Case No.: 2016 - 00885 Honorable Robert J. Jonker Magistrate Judge Ray Kent
v.
SULLIVAN, WARD, ASHER & PATTON, P.C.
CITY OF LANSING, CAROL WOOD, JODY WASHINGTON, and ADAM HUSSAIN, Defendants.
MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF NOW COMES Sullivan, Ward, Asher & Patton, P.C., and for its Motion to Withdraw as Counsel for Plaintiff states as follows: 1.
The Michigan Rules of Professional Conduct, Rule 1.16(b), provides
that counsel may withdraw from representing a client if the withdrawal can be accomplished without material adverse effect on the interest of the client, or if, among other things, the representation will resolve in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client or for other good cause. 2.
During the course of this matter, Plaintiff has been unable to pay
invoices as they have come due and is unable to finance necessary litigation expenses such that cooperation between the client and counsel has become unreasonably difficult causing a breakdown in the attorney-client relationship.
Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.238 Page 2 of 5
3.
Plaintiff was notified by counsel on October 26, 2016, December 16,
2016 and March 2, 2017 that the continuing breakdown in the relationship between the client and counsel may require counsel to withdraw. 4.
At Plaintiff’s request, counsel agreed to continue efforts to resolve
this matter until March 31, 2017. On March 31, 2017, counsel again advised the client that the continuing breakdown in the relationship required counsel to withdraw. 5.
Plaintiff will suffer no prejudice as he has had ample notice of
counsel’s intention to terminate and trial is not scheduled in this matter until
SULLIVAN, WARD, ASHER & PATTON, P.C.
February 13, 2018.
Counsel proposes, however, that the Court adjourn the
remaining dates up to and including the completion of discovery thirty (30) days to allow Plaintiff adequate time to obtain new counsel if he wishes and time to complete expert reports and expert/fact witness discovery. 6.
An attorney may request permission to withdraw when there is good
cause to withdraw. Lipton v. Boesky, 110 Mich. App. 589 (1981). (Failure to pay legal fees is good cause); Ambrose v. Detroit Edison Company, 65 Mich. App. 484 (1975). (Client’s failure to cooperate is good cause to permit withdrawal of counsel.) 7.
Concurrence has been sought and granted by the client.
8.
Concurrence has been sought and granted by opposing counsel.
2
Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.239 Page 3 of 5
WHEREFORE, Plaintiff’s counsel respectfully requests that this Honorable Court grant its Motion to Withdraw as Counsel for Plaintiff. Respectfully submitted, SULLIVAN, WARD, ASHER & PATTON, P.C.
SULLIVAN, WARD, ASHER & PATTON, P.C.
Dated: April 6, 2017
By: /s/Sheri B. Cataldo SHERI B. CATALDO (P39276) Attorney for Plaintiff 1000 Maccabees Center 25800 Northwestern Highway Southfield, MI 48075-1000 (248) 746-0700
3
Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.240 Page 4 of 5
BRIEF IN OF MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF For its Brief in of Sullivan, Ward, Asher & Patton, P.C.’s Motion to Withdraw as Counsel for Plaintiff, Sam Saboury, Counsel relies upon the Michigan Rules of Professional Conduct 1.16, the pleadings filed in this matter and the facts as set forth in its motion.
Respectfully submitted,
SULLIVAN, WARD, ASHER & PATTON, P.C.
SULLIVAN, WARD, ASHER & PATTON, P.C.
Dated: April 6, 2017
By: /s/Sheri B. Cataldo SHERI B. CATALDO (P39276) Attorney for Plaintiff 1000 Maccabees Center 25800 Northwestern Highway Southfield, MI 48075-1000 (248) 746-0700
SSAB-128939/W1955981.DOC
4
Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.241 Page 5 of 5
CERTIFICATE OF COMPLIANCE REGARDING CONCURRENCE I certify that on 5th, April, 2017 I ed Sam Saboury to seek concurrence in this motion pursuant to Local Rule 7.1 and obtained his concurrence in this motion. I further certify that on 6th, April, 2017 I ed counsel for the City of Lansing, James Smiertka and F. Joseph Abood, and obtained concurrence in this motion.
SULLIVAN, WARD, ASHER & PATTON, P.C.
SULLIVAN, WARD, ASHER & PATTON, P.C.
Dated: April 6, 2017
By: /s/Sheri B. Cataldo SHERI B. CATALDO (P39276) Attorney for Plaintiff 1000 Maccabees Center 25800 Northwestern Highway Southfield, MI 48075-1000 (248) 746-0700
SSAB-128939/W1955981.DOC
CERTIFICATE OF SERVICE On this 6th, day of April, 2017, Jacqueline Nicholson filed the foregoing document with the Clerk of the Court via the Court’s ECF system, which will automatically serve all counsel of record. /s/Jacqueline Nicholson
5
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SAM SABOURY, Plaintiff,
Case No.: 2016 - 00885 Honorable Robert J. Jonker Magistrate Judge Ray Kent
v.
SULLIVAN, WARD, ASHER & PATTON, P.C.
CITY OF LANSING, CAROL WOOD, JODY WASHINGTON, and ADAM HUSSAIN, Defendants.
MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF NOW COMES Sullivan, Ward, Asher & Patton, P.C., and for its Motion to Withdraw as Counsel for Plaintiff states as follows: 1.
The Michigan Rules of Professional Conduct, Rule 1.16(b), provides
that counsel may withdraw from representing a client if the withdrawal can be accomplished without material adverse effect on the interest of the client, or if, among other things, the representation will resolve in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client or for other good cause. 2.
During the course of this matter, Plaintiff has been unable to pay
invoices as they have come due and is unable to finance necessary litigation expenses such that cooperation between the client and counsel has become unreasonably difficult causing a breakdown in the attorney-client relationship.
Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.238 Page 2 of 5
3.
Plaintiff was notified by counsel on October 26, 2016, December 16,
2016 and March 2, 2017 that the continuing breakdown in the relationship between the client and counsel may require counsel to withdraw. 4.
At Plaintiff’s request, counsel agreed to continue efforts to resolve
this matter until March 31, 2017. On March 31, 2017, counsel again advised the client that the continuing breakdown in the relationship required counsel to withdraw. 5.
Plaintiff will suffer no prejudice as he has had ample notice of
counsel’s intention to terminate and trial is not scheduled in this matter until
SULLIVAN, WARD, ASHER & PATTON, P.C.
February 13, 2018.
Counsel proposes, however, that the Court adjourn the
remaining dates up to and including the completion of discovery thirty (30) days to allow Plaintiff adequate time to obtain new counsel if he wishes and time to complete expert reports and expert/fact witness discovery. 6.
An attorney may request permission to withdraw when there is good
cause to withdraw. Lipton v. Boesky, 110 Mich. App. 589 (1981). (Failure to pay legal fees is good cause); Ambrose v. Detroit Edison Company, 65 Mich. App. 484 (1975). (Client’s failure to cooperate is good cause to permit withdrawal of counsel.) 7.
Concurrence has been sought and granted by the client.
8.
Concurrence has been sought and granted by opposing counsel.
2
Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.239 Page 3 of 5
WHEREFORE, Plaintiff’s counsel respectfully requests that this Honorable Court grant its Motion to Withdraw as Counsel for Plaintiff. Respectfully submitted, SULLIVAN, WARD, ASHER & PATTON, P.C.
SULLIVAN, WARD, ASHER & PATTON, P.C.
Dated: April 6, 2017
By: /s/Sheri B. Cataldo SHERI B. CATALDO (P39276) Attorney for Plaintiff 1000 Maccabees Center 25800 Northwestern Highway Southfield, MI 48075-1000 (248) 746-0700
3
Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.240 Page 4 of 5
BRIEF IN OF MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF For its Brief in of Sullivan, Ward, Asher & Patton, P.C.’s Motion to Withdraw as Counsel for Plaintiff, Sam Saboury, Counsel relies upon the Michigan Rules of Professional Conduct 1.16, the pleadings filed in this matter and the facts as set forth in its motion.
Respectfully submitted,
SULLIVAN, WARD, ASHER & PATTON, P.C.
SULLIVAN, WARD, ASHER & PATTON, P.C.
Dated: April 6, 2017
By: /s/Sheri B. Cataldo SHERI B. CATALDO (P39276) Attorney for Plaintiff 1000 Maccabees Center 25800 Northwestern Highway Southfield, MI 48075-1000 (248) 746-0700
SSAB-128939/W1955981.DOC
4
Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.241 Page 5 of 5
CERTIFICATE OF COMPLIANCE REGARDING CONCURRENCE I certify that on 5th, April, 2017 I ed Sam Saboury to seek concurrence in this motion pursuant to Local Rule 7.1 and obtained his concurrence in this motion. I further certify that on 6th, April, 2017 I ed counsel for the City of Lansing, James Smiertka and F. Joseph Abood, and obtained concurrence in this motion.
SULLIVAN, WARD, ASHER & PATTON, P.C.
SULLIVAN, WARD, ASHER & PATTON, P.C.
Dated: April 6, 2017
By: /s/Sheri B. Cataldo SHERI B. CATALDO (P39276) Attorney for Plaintiff 1000 Maccabees Center 25800 Northwestern Highway Southfield, MI 48075-1000 (248) 746-0700
SSAB-128939/W1955981.DOC
CERTIFICATE OF SERVICE On this 6th, day of April, 2017, Jacqueline Nicholson filed the foregoing document with the Clerk of the Court via the Court’s ECF system, which will automatically serve all counsel of record. /s/Jacqueline Nicholson
5
Related Documents 3m3m1z
Motion To Withdraw Petition.. 193r1o
November 2019 119
Motion To Withdraw 3q22
November 2021 0
Motion To Withdraw 3q22
December 2019 102
Motion To Withdraw 3q22
December 2019 66
Motion To Withdraw Complaint 6t4817
December 2019 83
Motion To Withdraw As Counsel 5z5q34
December 2019 82More Documents from "Eric Lacy" 2j4013
Motion To Withdraw 3q22
December 2019 66
My Nerdy Tutor 293j19
October 2019 190
6l6m1j
March 2021 0
Resumen La Lectura Eficaz De La Biblia - Gordon Fee 6r425m
May 2022 0
1n1183 48p6j
July 2022 0