Motion to Withdraw

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DANIEL B ROSENBAUM (DCBN 179259)

MATTHEW C. HICKS (VABN 48377)

CAPLIN & DRYSDALE, CHARTERED

One Thomas Circle, N.W., Suite 1100

Washington, DC 20005

Telephone: (202) 862-5032

Telephone: (202) 862-7852

Facsimile: (202) 429-3301

E-mail: dbr@capdale.com

E-mail: mh@capdale.com

DAVID B. PORTER (SBN 155347)

WOOD & PORTER

333 Sacramento Street

San Francisco, CA 94111

Telephone: (415) 834-0117

Facsimile: (415) 834-1888

E-mail: porter@woodporter.com

Attorneys for Scott Cathcart, Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

SCOTT CATHCART, )

) No. 3:08-cv-03784-WHA

Plaintiff, )

)

v. ) MOTION TO WITHDRAW

)

UNITED STATES OF AMERICA, )

) 

Defendant. )

Pursuant to Civil Rule 11-5 of the Local Rules of the United States District Court for the 

Northern District of California, Daniel B. Rosenbaum and Matthew C. Hicks of Caplin & 

Drysdale and David P. Porter of Wood & Porter (collectively, “the attorneys”) resubmit their 

motion to withdraw as counsel for the plaintiff in this action. In support of their motion, the 

attorneys state the following

1. The attorneys have given Mr. Cathcart reasonable written notice of their intent to 

withdraw, and he knowingly and freely assents to termination of their employment. See Cal. 

Case 3:08-cv-03784-WHA Document 23 Filed 03/18/10 Page 1 of 4
Motion to Withdraw

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Rule of Prof’l Conduct R. 3-700(C)(5) (counsel may withdraw if client knowingly and freely 

assents to termination of employment).

2. Mr. Cathcart has breached an agreement with the attorneys regarding expenses and 

fees. See Cal. Rule of Prof’l Conduct R. 3-700(C)(1)(f) (counsel may withdraw if client 

breaches an agreement or obligation to attorney as to expenses or fees).

3. Mr. Cathcart will not be prejudiced by the attorneys’ withdrawal at this stage of the 

proceedings. The case is currently stayed during his bankruptcy, and the parties are not 

obligated to take any action until April 29, 2010, when the case management statement is due.

4. Mr. Cathcart intends to proceed pro se and would like papers to be served on him at the 

following address:

Scott D. Cathcart

P.O. Box 484

Ross, CA 94957 

5. The attorneys have given counsel for the defendant reasonable written notice of their 

intent to withdraw, and the defendant does not object to their motion.

For these reasons, the attorneys respectfully ask the Court to grant the motion to withdraw.

Dated: February 19, 2010 /s/ Matthew C. Hicks s

DANIEL B. ROSENBAUM, Pro Hac Vice

MATTHEW C. HICKS, Pro Hac Vice

Caplin & Drysdale, Chartered

One Thomas Circle, N.W., Suite 1100

Washington, DC 20005

Telephone: (202) 862-5032

Telephone: (202) 862-7852

/s/ David B. Porter s

DAVID B. PORTER

Wood & Porter

333 Sacramento Street

San Francisco, CA 94111

Telephone: 415-834-0117

Case 3:08-cv-03784-WHA Document 23 Filed 03/18/10 Page 2 of 4
Motion to Withdraw

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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

SCOTT CATHCART, )

) No. 3:08-cv-03784-WHA

Plaintiff, )

)

v. ) ORDER GRANTING

) MOTION TO WITHDRAW

UNITED STATES OF AMERICA, )

) 

Defendant. )

Daniel B. Rosenbaum and Matthew C. Hicks of Caplin & Drysdale and David P. Porter 

of Wood & Porter (collectively, “the attorneys”) have moved to withdraw as counsel for the 

plaintiff in this action. Good cause having been shown, the Motion to Withdraw is 

GRANTED, and the representation of the plaintiff in this matter by Caplin & Drysdale and 

Wood & Porter is terminated.

IT IS SO ORDERED.

Date: February ____, 2010. ___________________________________ 

HON. WILLIAM H. ALSUP

United States District Judge

March 18

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge William Alsup

Case 3:08-cv-03784-WHA Document 23 Filed 03/18/10 Page 3 of 4
Motion to Withdraw -4-

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CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Motion to Withdraw and the accompanying 

proposed order were served upon each of the following on February 19, 2010, by operation of 

the Court’s electronic case filing system or by first-class mail, postage prepaid:

Scott D. Cathcart

P.O. Box 484

Ross, CA 94957

Nathan E. Clukey

U.S. Department of Justice

Civil Tax Division

Post Office Box 7238

Washington, D.C. 20044

Dated: February 19, 2010 /s/ Matthew C. Hicks s

MATTHEW C. HICKS, Pro Hac Vice

Caplin & Drysdale, Chartered

One Thomas Circle, N.W., Suite 1100

Washington, DC 20005

Telephone: (202) 862-7852

Case 3:08-cv-03784-WHA Document 23 Filed 03/18/10 Page 4 of 4