Cathcart v. United States of America

Filing 23

ORDER GRANTING MOTION TO WITHDRAW by Judge Alsup granting 16 Motion to Withdraw as Attorney. Attorney Daniel B. Rosenbaum; Matthew C. Hicks and David Bujannoff Porter, Jr terminated; granting 18 Motion to Withdraw as Attorney. Attorney Daniel B. Rosenbaum; Matthew C. Hicks and David Bujannoff Porter, Jr terminated (whalc2, COURT STAFF) (Filed on 3/18/2010)

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DANIEL B ROSENBAUM (DCBN 179259) MATTHEW C. HICKS (VABN 48377) CAPLIN & DRYSDALE, CHARTERED One Thomas Circle, N.W., Suite 1100 Washington, DC 20005 Telephone: [phone] Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] DAVID B. PORTER (SBN 155347) WOOD & PORTER 333 Sacramento Street San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Scott Cathcart, Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SCOTT CATHCART, Plaint iff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) )

No. 3:08-cv-03784-WHA MOTION TO WITHDRAW

Pursuant to Civil Rule 11-5 of the Local Rules of the United States District Court for the Northern District of California, Daniel B. Rosenbaum and Matthew C. Hicks of Caplin & Drysdale and David P. Porter of Wood & Porter (collectively, "the attorneys") resubmit their motion to withdraw as counsel for the plaintiff in this action. In support of their motion, the attorneys state the following 1. The attorneys have given Mr. Cathcart reasonable written notice of their intent to withdraw, and he knowingly and freely assents to termination of their employment. See Cal. Motion to Withdraw

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Rule of Prof'l Conduct R. 3-700(C)(5) (counsel may withdraw if client knowingly and freely assents to termination of employment). 2. Mr. Cathcart has breached an agreement with the attorneys regarding expenses and fees. See Cal. Rule of Prof'l Conduct R. 3-700(C)(1)(f) (counsel may withdraw if client breaches an agreement or obligation to attorney as to expenses or fees). 3. Mr. Cathcart will not be prejudiced by the attorneys' withdrawal at this stage of the proceedings. The case is currently stayed during his bankruptcy, and the parties are not obligated to take any act ion until April 29, 2010, when the case management statement is due. 4. Mr. Cathcart intends to proceed pro se and would like papers to be served on him at the following address: Scott D. Cathcart P.O. Box 484 Ross, CA 94957 5. The attorneys have given counsel for the defendant reasonable written notice of their intent to withdraw, and the defendant does not object to their motion. For these reasons, the attorneys respectfully ask the Court to grant the motion to withdraw. Dated: February 19, 2010 /s/ Matthew C. Hicks s DANIEL B. ROSENBAUM, Pro Hac Vice MATTHEW C. HICKS, Pro Hac Vice Caplin & Drysdale, Chartered One Thomas Circle, N.W., Suite 1100 Washington, DC 20005 Telephone: [phone] Telephone: [phone] /s/ David B. Porter DAVID B. PORTER Wood & Porter 333 Sacramento Street San Francisco, CA 94111 Telephone: [phone] s

Motion to Withdraw

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SCOTT CATHCART, Plaint iff, ) ) ) ) ) ) ) ) )

No. 3:08-cv-03784-WHA ORDER GRANTING MOTION TO WITHDRAW

UNITED STATES OF AMERICA, Defendant.

Daniel B. Rosenbaum and Matthew C. Hicks of Caplin & Drysdale and David P. Porter of Wood & Porter (collectively, "the attorneys") have moved to withdraw as counsel for the plaintiff in this action. Good cause having been shown, the Motion to Withdraw is GRANTED, and the representation of the plaintiff in this matter by Caplin & Drysdale and Wood & Porter is terminated. IT IS SO ORDERED. Date: February ____, 2010. March 18

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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 27 28 Motion to Withdraw Dated: February 19, 2010

CERTIFICATE OF SERVICE I certify that a copy o f the foregoing Motion to Withdraw and the accompanying proposed order were served upon each of the following on February 19, 2010, by operation of the Court's electronic case filing system or by first-class mail, postage prepaid: Scott D. Cathcart P.O. Box 484 Ross, CA 94957 Nathan E. Clukey U.S. Department of Justice Civil Tax Division Post Office Box 7238 Washington, D.C. 20044 /s/ Matthew C. Hicks MATTHEW C. HICKS, Pro Hac Vice Caplin & Drysdale, Chartered One Thomas Circle, N.W., Suite 1100 Washington, DC 20005 Telephone: [phone] s

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