Page 1 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
JOHNSON, et al
*
Plaintiffs
* Case No.: 1:93-cv-03425
v.
*
AC&S, INC., et al
*
Defendants
*
*
*
*
*
*
*
*
*
*
*
*
MOTION TO WITHDRAW APPEARANCE ON BEHALF OF DEFENDANT
ACandS, INC.
B. Ford Davis, Gardner M. Duvall, Whiteford, Taylor & Preston L.L.P., any other
attorney of Whiteford, Taylor & Preston L.L.P., and Louis G. Close, Jr., hereby move
pursuant to Local Rule 101 to withdraw and strike their appearance entered on behalf of
Defendant ACandS, Inc., stating:.
ACandS, Inc., (ACandS) is a debtor in possession in a bankruptcy case
under chapter 11 of the Bankruptcy Code, In re ACandS, Inc., No. 02-12687 (RJN)
(Bankr. D. Del.)..
Prior to filing its chapter 11 petition, ACandS discharged Whiteford,
Taylor & Preston, L.L.P. (Whiteford, Taylor & Preston), and its attorneys, from the
defense of bodily injury asbestos cases, including this case. Prior to that discharge, Louis
G. Close, Jr., had retired from Whiteford, Taylor & Preston..
On February 8, 2006, Whiteford, Taylor & Preston, sent by Federal
Express a letter to ACandS explaining its intent to file this motion, and reciting that Local
Rule 101 requires withdrawing counsel to inform the client that the client:Page 2 must have new counsel enter an appearance or be subject to the dismissal
of its claims and/or default judgment on claims against it. In the event that
within thirty days of the filing of the motion to withdraw, new counsel has
not entered an appearance, the Court may take such action, if any, that it
deems appropriate, including granting the motion to withdraw and
dismissing any affirmative claim for relief asserted by the party and/or
directing the party to show cause why a default should not be entered on
claims asserted against it..
Notice to ACandS in this case may be provided to:
James E. Hipolit, Esquire
ACandS, Inc. N. Lime Street
Lancaster, PA 17608.
Whiteford, Taylor & Preston is not aware of other counsel whom ACandS
would substitute for Whiteford, Taylor & Preston.
CONCLUSION
For the foregoing reasons, this Court should strike the appearance of B. Ford
Davis, Gardner M. Duvall, Whiteford, Taylor & Preston L.L.P., any other attorney of
Whiteford, Taylor & Preston L.L.P., and Louis G. Close, Jr., with an appearance in this
case on behalf of ACandS, Inc.
/s/
Gardner M. Duvall, Bar No. 09823
Whiteford, Taylor & Preston LLP
Seven Saint Paul Street, Suite 1400
Baltimore, Maryland 21202
(410) 347-8700 Page 3 CERTIFICATE OF SERVICE
I hereby certify this 3rd day of October, 2006, that the foregoing motion and
attached order were served by first-class mail, postage-prepaid, on:
James E. Hipolit, Esquire
ACandS, Inc. N. Lime Street
Lancaster, PA 17608
and to all counsel of record via e-filing.
/s/
Gardner M. Duvall, Bar No. 09823
PDF Page 1
PlainSite Cover Page
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Case 1:93-cv-03425
Document 30
Filed 10/03/2006
Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
JOHNSON, et al
*
Plaintiffs
* Case No.: 1:93-cv-03425
v.
*
AC&S, INC., et al
*
Defendants
*
*
*
*
*
*
*
*
*
*
*
*
MOTION TO WITHDRAW APPEARANCE ON BEHALF OF DEFENDANT
ACandS, INC.
B. Ford Davis, Gardner M. Duvall, Whiteford, Taylor & Preston L.L.P., any other
attorney of Whiteford, Taylor & Preston L.L.P., and Louis G. Close, Jr., hereby move
pursuant to Local Rule 101 to withdraw and strike their appearance entered on behalf of
Defendant ACandS, Inc., stating:
1.
ACandS, Inc., (ACandS) is a debtor in possession in a bankruptcy case
under chapter 11 of the Bankruptcy Code, In re ACandS, Inc., No. 02-12687 (RJN)
(Bankr. D. Del.).
2.
Prior to filing its chapter 11 petition, ACandS discharged Whiteford,
Taylor & Preston, L.L.P. (Whiteford, Taylor & Preston), and its attorneys, from the
defense of bodily injury asbestos cases, including this case. Prior to that discharge, Louis
G. Close, Jr., had retired from Whiteford, Taylor & Preston.
3.
On February 8, 2006, Whiteford, Taylor & Preston, sent by Federal
Express a letter to ACandS explaining its intent to file this motion, and reciting that Local
Rule 101 requires withdrawing counsel to inform the client that the client:
PDF Page 3
Case 1:93-cv-03425
Document 30
Filed 10/03/2006
Page 2 of 3
must have new counsel enter an appearance or be subject to the dismissal
of its claims and/or default judgment on claims against it. In the event that
within thirty days of the filing of the motion to withdraw, new counsel has
not entered an appearance, the Court may take such action, if any, that it
deems appropriate, including granting the motion to withdraw and
dismissing any affirmative claim for relief asserted by the party and/or
directing the party to show cause why a default should not be entered on
claims asserted against it.
4.
Notice to ACandS in this case may be provided to:
James E. Hipolit, Esquire
ACandS, Inc.
120 N. Lime Street
Lancaster, PA 17608
5.
Whiteford, Taylor & Preston is not aware of other counsel whom ACandS
would substitute for Whiteford, Taylor & Preston.
CONCLUSION
For the foregoing reasons, this Court should strike the appearance of B. Ford
Davis, Gardner M. Duvall, Whiteford, Taylor & Preston L.L.P., any other attorney of
Whiteford, Taylor & Preston L.L.P., and Louis G. Close, Jr., with an appearance in this
case on behalf of ACandS, Inc.
/s/
Gardner M. Duvall, Bar No. 09823
Whiteford, Taylor & Preston LLP
Seven Saint Paul Street, Suite 1400
Baltimore, Maryland 21202
(410) 347-8700
2
PDF Page 4
Case 1:93-cv-03425
Document 30
Filed 10/03/2006
Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify this 3rd day of October, 2006, that the foregoing motion and
attached order were served by first-class mail, postage-prepaid, on:
James E. Hipolit, Esquire
ACandS, Inc.
120 N. Lime Street
Lancaster, PA 17608
and to all counsel of record via e-filing.
/s/
Gardner M. Duvall, Bar No. 09823
3
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