Professional Documents
Culture Documents
J. Jeffrey Pascoe and the law firm Womble Carlyle Sandridge & Rice, PLLC (“Womble
Carlyle”), respectfully request that this Court allow Mr. Pascoe and Womble Carlyle to withdraw
from further representation of Defendants Peerless Real Estate Services, Inc. (“Peerless”) and
Professional Conduct 1.16(a)(1) and (b)(1) and Local Civil Rule 83.I.07. In support of this
removing this action to this Court from the Court of Common Pleas in Horry County, South
Carolina.
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4:07-cv-01559-RBH Date Filed 06/27/2007 Entry Number 11 Page 2 of 5
Extension of Time to Answer or Otherwise Respond to the Amended Complaint in this action
and such motion was granted, allowing Peerless and O’Rourke through and including July 2,
3. On June 6, 2007, the North Carolina Attorney General filed an action in Wake
County, North Carolina Superior Court captioned as follows: State of North Carolina ex rel. Roy
Cooper, Attorney General v. Peerless Real Estate Services, Inc., Village of Penland, L.L.C.,
MFSL Landholdings, L.L.C., Communities of Penland, L.L.C., COP Land Holdings, L.L.C., PG
Capital Holdings, L.L.C., West Side Development, L.L.C., Anthony Porter, Frank Amelung,
Richard Amelung, J. Kevin Foster, Neil G. O’Rourke, Michael Yeomans, and A. Greg Anderson,
File No. 07 CVS 9006. The lawsuit filed by the North Carolina Attorney General includes
4. As part of the action filed by the North Carolina Attorney General, an order was
entered on June 6, 2007, appointing a receiver for all of the corporate defendants in that action,
including Peerless.
5. The nature of the claims brought by the Attorney General’s lawsuit creates a
Peerless and O’Rourke and any of the other corporate entities or individual defendants allegedly
connected with Peerless. As a result, Womble Carlyle is seeking to withdraw as counsel in this
matter, as well as in all matters in which Womble Carlyle represents Peerless and/or corporate
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6. Joseph W. Grier, the appointed receiver for Peerless, and Neil G. O’Rourke have
both been notified of Womble Carlyle’s need to request leave from the Court to withdraw as
7. Undersigned hereby certifies that Peerless has been served with a copy of this
motion by serving the appointed receiver for Peerless by electronic mail and by U.S. Mail at the
following mailing address, which is being included herein as required by Local Civil Rule
83.I.07: Joseph W. Grier, III of Grier, Furr & Crisp, PA, 101 North Tryon Street, Suite 1240,
8. Undersigned also hereby certifies that O’Rourke has been served with a copy of
this motion by serving him by electronic mail and by U.S. Mail at the following mailing address,
which is being included herein as required by Local Rule 83.I.07: Neil G. O’Rourke, 210 Shad
9. As further required by Local Civil Rule 83.I.07, undersigned hereby certifies that
the appointed receiver for Peerless, Joseph W. Grier, III, has been advised that a corporation
cannot proceed without counsel and that counsel must be admitted in this district.
10. Due to the upcoming deadline of July 2, 2007, for Peerless and O’Rourke to
answer or otherwise respond to the Amended Complaint in this action, and so as not to cause an
herewith a Motion for Extension of Time on behalf of Peerless and O’Rourke for an additional
20 days to answer or otherwise respond to the Amended Complaint in this action, in order to
allow both Peerless and O’Rourke additional time to locate counsel admitted in this district, and
for that new counsel to prepare an answer or other response to the Amended Complaint on their
behalf.
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WHEREFORE, J. Jeffrey Pascoe, on behalf of himself and Womble Carlyle Sandridge &
Rice, PLLC, respectfully requests that this Court issue an order allowing Mr. Pascoe and
Womble Carlyle Sandridge & Rice, PLLC, to withdraw as counsel for Defendants Peerless Real
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4:07-cv-01559-RBH Date Filed 06/27/2007 Entry Number 11 Page 5 of 5
CERTIFICATE OF SERVICE
The undersigned hereby certifies that, on the 27th day of June 2007, (s)he mailed a copy
of the attached Motion to Withdraw As Counsel for Defendants Peerless Real Estate
Services, Inc. and Neil G. O’Rourke by depositing same in the United States Mail, first-class,
proper postage, affixed, addressed to the person(s) hereinafter named, at the place(s) and
address(es) stated below, which is/are the last known address(es):
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