Charvat v. NMP, LLC

MOTION to Withdraw as Attorney

S.D. OhioOctober 27, 2011

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Philip J. Charvat, : : Plaintiff, : Case No. 2:09-cv-209 : v. : Judge Sargus : NMP, LLC, et al., : Magistrate Judge Kemp : Defendants. : MOTION TO WITHDRAW AS COUNSEL Pursuant to Local Rule 83.4(c), James B. Hadden, Trial Attorney, Anthony R. McClure, and the law firm of Porter Wright Morris & Arthur LLP, as well as W. R. Baldwin, III and the law firm of Marchant, Thorsen, Honey, Baldwin & Meyer, LLP (admitted pro hac vice) move to withdraw as counsel for Defendant Media Synergy Group, LLC (“MSG”) and to be relieved from any further obligations as counsel for MSG in this case. The reasons for this motion are set forth in the accompanying memorandum in support. Respectfully submitted, /s/ James B. Hadden_______________ by Anthony R. McClure James B. Hadden (0059315) (Trial Attorney) Anthony R. McClure (0075977) Porter, Wright, Morris & Arthur LLP 41 S. High Street, 29th Floor Columbus, OH 43215-6194 Telephone:(614) 227-2168 Fax: (614) 227-2100 Email: jhadden@porterwright.com amcclure@porterwright.com Case: 2:09-cv-00209-EAS-TPK Doc #: 60 Filed: 10/27/11 Page: 1 of 5 PAGEID #: 1199 2 /s/ W. R. Baldwin, III______________ W. R. Baldwin, III (VSB #16988) Marchant, Thorsen, Honey, Baldwin & Meyer, LLP 5600 Grove Avenue Richmond, VA 23226 Voice: (804) 285-3888 Fax: (804) 285-7779 Email: billbaldwin@comcast.net Counsel for Defendants Case: 2:09-cv-00209-EAS-TPK Doc #: 60 Filed: 10/27/11 Page: 2 of 5 PAGEID #: 1200 MEMORANDUM IN SUPPORT James B. Hadden, Trial Attorney, Anthony R. McClure, and the law firm of Porter Wright Morris & Arthur LLP, as well as W. R. Baldwin, III and the law firm of Marchant, Thorsen, Honey, Baldwin & Meyer, LLP (admitted pro hac vice) (collectively “Counsel”) move to withdraw as counsel for Defendant MSG and to be relieved from any further obligations as counsel for MSG in this case. Counsel will remain counsel for Defendant NMP, LLC. Local Rule 83.4(c)(2) provides that the withdrawal of the trial attorney “must occur by way of motion and order.” In accordance with the rule, the undersigned certifies that this motion is being served at the last known address of MSG listed in the certificate of service below. Further, good cause exists under the Rules of Professional Conduct, as MSG has failed to pay legal fees in this matter. To the best of Counsel’s knowledge, Media Synergy Group, LLC is no longer in operation. A printed page from the State of Virginia’s records (attached as Exhibit A) shows that MSG’s status as a Limited Liability Company in that state has been “canceled.” MSG will not be prejudiced by this motion to withdraw, as trial has not yet been scheduled and the Court has issued a stay of proceedings, which has not yet been lifted. No other deadlines will be affected by Counsel’s withdrawal. For the foregoing reasons, James B. Hadden, Trial Attorney, Anthony R. McClure, and the law firm of Porter Wright Morris & Arthur LLP, as well as W. R. Baldwin, III and the law firm of Marchant, Thorsen, Honey, Baldwin & Meyer, LLP (admitted pro hac vice) move to withdraw as counsel for MSG and to be relieved from any further obligations as counsel for MSG. Case: 2:09-cv-00209-EAS-TPK Doc #: 60 Filed: 10/27/11 Page: 3 of 5 PAGEID #: 1201 2 Respectfully submitted, /s/ James B. Hadden_______________ by Anthony R. McClure James B. Hadden (0059315) (Trial Attorney) Anthony R. McClure (0075977) Porter, Wright, Morris & Arthur LLP 41 S. High Street, 29th Floor Columbus, OH 43215-6194 Telephone:(614) 227-2168 Fax: (614) 227-2100 Email: jhadden@porterwright.com amcclure@porterwright.com /s/ W. R. Baldwin, III______________ W. R. Baldwin, III (VSB #16988) Marchant, Thorsen, Honey, Baldwin & Meyer, LLP 5600 Grove Avenue Richmond, VA 23226 Voice: (804) 285-3888 Fax: (804) 285-7779 Email: billbaldwin@comcast.net Counsel for Defendants Case: 2:09-cv-00209-EAS-TPK Doc #: 60 Filed: 10/27/11 Page: 4 of 5 PAGEID #: 1202 3 CERTIFICATE OF SERVICE I certify that a copy of the foregoing was served this 27th day of October, 2011, via the Court’s electronic filing system, and by regular mail to the following: Philip J. Charvat 636 Colony Drive Westerville, Ohio 43081 Plaintiff Media Synergy Group, LLC c/o Charles Anton, President & CEO 720 Moorefield Park Dr., Ste. 200 Richmond, VA 23236 /s/ Anthony R. McClure Attorney for Defendants COLUMBUS/1601353v.1 Case: 2:09-cv-00209-EAS-TPK Doc #: 60 Filed: 10/27/11 Page: 5 of 5 PAGEID #: 1203