Harden Manufacturing Corporation v. Pfizer, Inc. et al

MOTION to Withdraw as Attorney for Dorothy Kern

D. Mass.January 11, 2008

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ------------------------------------------------------------x : MDL Docket No. 1629 In re: NEURONTIN MARKETING, : Master File No. 04-10981 SALES PRACTICES AND : PRODUCTS LIABILITY LITIGATION : Judge Patti B. Saris ------------------------------------------------------------x Magistrate Judge Leo T. Sorokin : THIS DOCUMENT RELATES TO: : : DOROTHY KERN : Individual Case No. 05-11027 v. PFIZER INC. : ------------------------------------------------------------x MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF DOROTHY KERN Finkelstein & Partners, LLP, counsel for Plaintiff, respectfully moves for an order pursuant to Local Rules 7.1 and 83.5.2(c), and Discovery Order No. 19 - Products Cases, granting Plaintiff’s counsel leave to withdraw as counsel of record for Plaintiff in this action. Plaintiff’s counsel has recently discussed this case with Plaintiff, and irreconcilable differences have developed between Plaintiff and Plaintiff’s counsel regarding the direction of legal services that may be provided to Plaintiff, which preclude Plaintiff’s counsel from further representation of Plaintiff in this case. Case 1:04-cv-10981-PBS Document 1060 Filed 01/11/2008 Page 1 of 5 2 Attached hereto as Exhibit A is a copy of the Order re: Motion to Withdraw, dated January 4, 2008, with the appropriate docket number of Plaintiff’s individual case. Dated: January 11, 2008 Respectfully submitted, Members of Products Liability Plaintiffs' Steering Committee By: /s/ Andrew G. Finkelstein Andrew G. Finkelstein, Esquire Finkelstein & Partners, LLP 436 Robinson Avenue Newburgh, NY 12550 By: /s/ Jack W. London Jack W. London, Esquire Law Offices of Jack W. London & Associates 106 E. 6th Street, Suite 700 Austin, TX 78701 CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system has been served pursuant to Case Management Order No. 3 on January 11, 2008; and that this document, including the attached Exhibit A, has also been served on Plaintiff pursuant to Discovery Order No. 19 - Products Cases, on January 11, 2008, by sending a copy of the document to Plaintiff by (1) certified mail return receipt requested at Plaintiff’s last known mailing address, 249 Scranton Street, Aurora, CO 80012; and (2) regular first class mail postage prepaid to Plaintiff’s secondary contact address, c/o Constance Kern, 3025 N. Ocean Blvd., Suite 3, Ft. Lauderdale, FL 33308. /s/ Andrew G. Finkelstein Andrew G. Finkelstein Case 1:04-cv-10981-PBS Document 1060 Filed 01/11/2008 Page 2 of 5 EXHIBIT A Case 1:04-cv-10981-PBS Document 1060 Filed 01/11/2008 Page 3 of 5 Case 1:04-cv-10981-PBS Document 1060 Filed 01/11/2008 Page 4 of 5 Case 1:04-cv-10981-PBS Document 1060 Filed 01/11/2008 Page 5 of 5