ITV Direct, Inc. v. Healthy Solutions, LLC et al

MOTION to Withdraw as Attorney

D. Mass.August 30, 2004

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ITV DIRECT, INC., Plaintiff, v. HEALTHY SOLUTIONS, L.L.C., et al., Defendants. ) ) ) ) ) ) ) ) ) CAPPSEALS, INC., Plaintiff-in-Intervention, v. HEALTHY SOLUTIONS, L.L.C., d/b/a DIRECT BUSINESS CONCEPTS; ITV DIRECT, INC.; and DIRECT FULFILLMENT, LLC, Intervenor-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 04-CV-10421-JLT MOTION TO WITHDRAW AS COUNSEL Pursuant to Local Rule 83.5.2(c), counsel of record for Plaintiff-in Intervention, the law firm of Gadsby Hannah LLP (“Gadsby Hannah”), including Daniel J. Kelly and Kristin M. Cataldo, respectfully moves this Court for leave to withdraw as counsel for Cappseals, Inc. (“Cappseals”). As grounds therefor, Gadsby Hannah submits the affidavit of Daniel Kelly and states as follows: 1. Gadsby Hannah and Cappseals have experienced irreconcilable differences arising out of past due amounts for services rendered by Gadsby Hannah, as well as a disagreement on how to proceed with the funding of the case in the future. 2. Gadsby Hannah has notified Cappseals of its intention to withdraw as counsel and has requested that Cappseals seek successor counsel. Case 1:04-cv-10421-JLT Document 59 Filed 08/30/2004 Page 1 of 3 2 3. There are no matters currently pending before the Court and no trial date has been established in this action. Further Cappseals has sufficient time, prior to the pretrial conference currently scheduled for September 22, 2004, to find successor counsel and therefore will not be prejudiced by the allowance of this motion. WHEREFORE, for the foregoing reasons and the facts described in the accompanying affidavit of Daniel J. Kelly, Gadsby Hannah LLP requests that this motion be allowed. CAPPSEALS, INC., By their attorney(s), /s/ Daniel J. Kelly Daniel J. Kelly, BBO #553926 Kristin M. Cataldo, BBO # 654033 Gadsby Hannah LLP 225 Franklin Street Boston, MA 02110 (617) 345-7000 Dated: August 30, 2004 Case 1:04-cv-10421-JLT Document 59 Filed 08/30/2004 Page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that on August 30, 2004, I served a copy of the foregoing document upon counsel of record and Plaintiff-in-Intervention by causing copies to be served by mail upon: Susan W. Gelwick, Esq. Seyfarth Shaw LLP Two Seaport Lane, Suite 300 Boston, MA 02210-2028 Dustin F. Hecker, Esq. Posternak Blankstein & Lund LLP Prudential Tower 800 Boylston Street Boston, MA 02199-8004 Andy Anderson, Individually and as Vice President of Cappseals, Inc. 12607 NE 95th Street Vancouver, WA 98682 /s/ Daniel J. Kelly Daniel J. Kelly LOCAL RULE 7.1 CERTIFICATION I, Kristin M. Cataldo, hereby certify that I have attempted to confer with opposing counsel concerning the issues raised by this Motion, but was unable to reach them and therefore have been unable to resolve or narrow the issues. /s/ Kristin M. Cataldo Kristin M. Cataldo B0379056v1 Case 1:04-cv-10421-JLT Document 59 Filed 08/30/2004 Page 3 of 3