Simmons Bank v. First Capital Victoria LLC et alMOTION for Leave to File to withdraw as local counselE.D. Ark.March 14, 2019 1822203-v1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SIMMONS BANK, TRUSTEE OF THE HEARTLAND BANK LIQUIDATING TRUST U/I/D MARCH 8, 2018 PLAINTIFF v. CASE NO. 4:17-CV-549-DPM FIRST CAPITAL VICTORIA, LLC; FIRST CAPITAL JOURDANTON, LLC; FIRST CAPITAL HOBBS, LLC; FIRST CAPITAL REAL ESTATE INVESTMENTS, LLC; FIRST CAPITAL RETAIL, LLC; FIRST CAPITAL REAL ESTATE ADVISORS, L.P.; and SUNEET SINGAL DEFENDANTS MOTION FOR LEAVE TO WITHDRAW AS LOCAL COUNSEL Under Local Rule 83.5(f), David C. Jung, Charles T. Coleman, and Wright, Lindsey & Jennings LLP (collectively, “Arkansas Counsel”), for their motion for leave to withdraw as local counsel, state: 1. Defendants retained Arkansas Counsel to serve as local counsel in this lawsuit. One of the roles Arkansas Counsel assumed was to assist Matthew Sarelson as lead counsel with petitioning this Court for Pro Hac Vice admission. 2. Due to factors beyond the control of Arkansas Counsel, it has become necessary to move for leave to withdraw from representation of defendants. See Ark. R. Prof. Conduct 1.16(b)(1), (5), and (6).1 3. Neither plaintiff nor defendants would be prejudiced by granting this motion, as defendants remain represented by Mr. Sarelson, and Local Rule 83.5(d) vests this Court with the authority to allow Mr. Sarelson to proceed without 1 Should the Court wish to inquire further into the specific bases for this motion, Arkansas Counsel will provide supporting documentation for in camera review. Case 4:17-cv-00549-DPM Document 110 Filed 03/14/19 Page 1 of 2 2 1822203-v1 designating local counsel. Additionally, Arkansas Counsel have had virtually no substantive involvement in this litigation. 4. Reasonable notice of Arkansas Counsel’s intention to withdraw has been provided to defendants, Mr. Sarelson, and plaintiff’s counsel. Plaintiff does not object to Mr. Sarelson proceeding alone or to this motion to withdraw, so long as no delay should result from the withdrawal. WHEREFORE, David C. Jung, Charles T. Coleman, and Wright, Lindsey & Jennings LLP, pray that their motion for leave to withdraw as local counsel be granted, that they be permitted to withdraw as counsel for defendants, and for all other relief to which they are entitled. WRIGHT, LINDSEY & JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501) 376-9442 E-MAIL: djung@wlj.com; ccoleman@wlj.com By Charles T. Coleman (80030) David C. Jung (2013141) Attorneys for defendants Case 4:17-cv-00549-DPM Document 110 Filed 03/14/19 Page 2 of 2