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Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.

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UNITED STATES DISTRICT COURT


WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SAM SABOURY,

Plaintiff, Case No.: 2016 - 00885


Honorable Robert J. Jonker
Magistrate Judge Ray Kent
v.

CITY OF LANSING,
CAROL WOOD, JODY
WASHINGTON, and ADAM HUSSAIN,

Defendants.
SULLIVAN, WARD, ASHER & PATTON, P.C.

MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

NOW COMES Sullivan, Ward, Asher & Patton, P.C., and for its Motion to
Withdraw as Counsel for Plaintiff states as follows:
1. The Michigan Rules of Professional Conduct, Rule 1.16(b), provides
that counsel may withdraw from representing a client if the withdrawal can be
accomplished without material adverse effect on the interest of the client, or if,
among other things, the representation will resolve in an unreasonable financial
burden on the lawyer or has been rendered unreasonably difficult by the client or
for other good cause.
2. During the course of this matter, Plaintiff has been unable to pay
invoices as they have come due and is unable to finance necessary litigation
expenses such that cooperation between the client and counsel has become
unreasonably difficult causing a breakdown in the attorney-client relationship.
Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.238 Page 2 of 5

3. Plaintiff was notified by counsel on October 26, 2016, December 16,


2016 and March 2, 2017 that the continuing breakdown in the relationship
between the client and counsel may require counsel to withdraw.
4. At Plaintiffs request, counsel agreed to continue efforts to resolve
this matter until March 31, 2017. On March 31, 2017, counsel again advised the
client that the continuing breakdown in the relationship required counsel to
withdraw.
5. Plaintiff will suffer no prejudice as he has had ample notice of
counsels intention to terminate and trial is not scheduled in this matter until
February 13, 2018. Counsel proposes, however, that the Court adjourn the
remaining dates up to and including the completion of discovery thirty (30) days
SULLIVAN, WARD, ASHER & PATTON, P.C.

to allow Plaintiff adequate time to obtain new counsel if he wishes and time to
complete expert reports and expert/fact witness discovery.
6. An attorney may request permission to withdraw when there is good
cause to withdraw. Lipton v. Boesky, 110 Mich. App. 589 (1981). (Failure to pay
legal fees is good cause); Ambrose v. Detroit Edison Company, 65 Mich. App.
484 (1975). (Clients failure to cooperate is good cause to permit withdrawal of
counsel.)
7. Concurrence has been sought and granted by the client.
8. Concurrence has been sought and granted by opposing counsel.

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Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.239 Page 3 of 5

WHEREFORE, Plaintiffs counsel respectfully requests that this Honorable


Court grant its Motion to Withdraw as Counsel for Plaintiff.
Respectfully submitted,

SULLIVAN, WARD,
ASHER & PATTON, P.C.

By: /s/Sheri B. Cataldo


SHERI B. CATALDO (P39276)
Attorney for Plaintiff
1000 Maccabees Center
25800 Northwestern Highway
Southfield, MI 48075-1000
Dated: April 6, 2017 (248) 746-0700
SULLIVAN, WARD, ASHER & PATTON, P.C.

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BRIEF IN SUPPORT OF
MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

For its Brief in Support of Sullivan, Ward, Asher & Patton, P.C.s Motion
to Withdraw as Counsel for Plaintiff, Sam Saboury, Counsel relies upon the
Michigan Rules of Professional Conduct 1.16, the pleadings filed in this matter
and the facts as set forth in its motion.

Respectfully submitted,

SULLIVAN, WARD,
ASHER & PATTON, P.C.
SULLIVAN, WARD, ASHER & PATTON, P.C.

By: /s/Sheri B. Cataldo


SHERI B. CATALDO (P39276)
Attorney for Plaintiff
1000 Maccabees Center
25800 Northwestern Highway
Southfield, MI 48075-1000
Dated: April 6, 2017 (248) 746-0700
SSAB-128939/W1955981.DOC

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Case 1:16-cv-00885-RJJ-RSK ECF No. 34 filed 04/06/17 PageID.241 Page 5 of 5

CERTIFICATE OF COMPLIANCE REGARDING CONCURRENCE


I certify that on 5th, April, 2017 I contacted Sam Saboury to seek
concurrence in this motion pursuant to Local Rule 7.1 and obtained his
concurrence in this motion.
I further certify that on 6th, April, 2017 I contacted counsel for the City of
Lansing, James Smiertka and F. Joseph Abood, and obtained concurrence in this
motion.

SULLIVAN, WARD,
ASHER & PATTON, P.C.

By: /s/Sheri B. Cataldo


SULLIVAN, WARD, ASHER & PATTON, P.C.

SHERI B. CATALDO (P39276)


Attorney for Plaintiff
1000 Maccabees Center
25800 Northwestern Highway
Southfield, MI 48075-1000
Dated: April 6, 2017 (248) 746-0700
SSAB-128939/W1955981.DOC

CERTIFICATE OF SERVICE

On this 6th, day of April, 2017, Jacqueline Nicholson filed the foregoing

document with the Clerk of the Court via the Courts ECF system, which will

automatically serve all counsel of record.

/s/Jacqueline Nicholson