IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALBAMA

MONTGOMERY DIVISION

CAMELLIA THERAPEUTIC )

FOSTER AGENCY, LLC )

Plaintiff, ) Civil Action No.: 2.06cv735-MHT

v. )

THE ALABAMA DEPARTMENT )

OF HUMAN RESOURCES, )

Defendant. )

MOTION TQ WITHDRAW

COMES NOW the undersigned counsel, and files this motion to withdraw and in support

thereof states:

1. That the Plaintiff is financially unable or unwilling to compensate the undersigned

counsel for further legal services at this time.

2. That the undersigned attorney has attempted to resolve the present issue with Plaintiff,

but to no avail.

3. That attached hereto as Exhibit A is an Affidavit in further support of the undersigned's

motion to withdraw. (Affidavit of Dwayne L. Brown, attached hereto as Exhibit A).

WHEREFORE, PREMISES CONSIDERED, the undersigned attorney respectfully

moves the Court to grant said motion to withdraw.

Respectfully submitted,

s/Dwayne L. Brown

Dwayne L. Brown (BRO149)

Attorney for Plaintiff

Case 2:06-cv-00735-MHT-CSC Document 20 Filed 02/01/2007 Page 1 of 2
Of Counsel:

Post Office Box 230205

Montgomery, AL 36123-0205

Phone: (334) 277-3757

Facsimile: (334) 277-3613

E-Mail: dbrown@dbrowattv.com

CERTIFICATE OF SERVICE

This is to certify, that on February I, 2007, a copy of the foregoing document was

electronically filed with the Clerk of Court using the CM/ECF system, which will send

notification of such filing to the following:

Joel C. Marsh

Assistant Attorney General

State of Alabama

Department of Human Resources

Legal Office

Post Office Box 304000

Montgomery, AL 36130-4000

/s/Dwayne L. Brown

Of Counsel

Case 2:06-cv-00735-MHT-CSC Document 20 Filed 02/01/2007 Page 2 of 2
AFFIDAVIT OF DWAYNE L. BROWN

STATE OF ALABAMA )

COUNTY OF MONTGOMERY )

BEFORE ME, the undersigned authority for the State at Large, personally appeared

Dwayne L. Brown, who by me being first duly sworn, did and does depose and say the

following:

1. My name is Dwayne L. Brown. I am over the age of nineteen (19) years and a

resident of Montgomery County. I have personal knowledge of the facts set forth

below in this affidavit.

On July 13, 2006, I received a letter from Mr. Joseph Appiah seeking legal

representation for his company, Camellia Therapeutic Agency. (Letter dated July

11, 2006, attached hereto as Exhibit 1).

3. I spoke with Mr. Appiah briefly about his case and 1 indicated to him that my

initial fee to review the information he submitted would be $300.00.

4. Upon my review of the same, on August 28, 2006, 1 informed Mr. Appiah that I

anticipated that his case would take an extensive amount of time to pursue. In

addition, I advised Mr. Appiah that due to the amount of time it would take to

pursue said case, I anticipated that my attorney's fee would be considerable.

Furthermore, I informed Mr. Appiah that I could not take said case on a

contingency fee basis, but I would represent his company at a flat rate of $195.00

per hour, plus expenses.

In response thereto, Mr. Appiah represented to me that the fees would be "no

problem".

6. Consequently, on August 28, 2006, Mr. Appiah and I entered into a contractual

agreement regarding my representation of Camellia Therapeutic Foster Agency.

Said contracts read in relevant part that "Attorney retainer fee shall be $5,000.00.

Attorney shall be paid $195.00 per hour for all legal work performed above and

beyond the retainer".

7. Interestingly, Mr. Appiah's letter dated January 10, 2007, conveniently failed to

reference said agreement that clearly articulates the scope of our legal agreement.

8. Unfortunately, Mr. Appiah appears to be experiencing financial hardship (Mr.

Appiah's letter dated October 31, 2006, attached hereto as Exhibit 2).

Case 2:06-cv-00735-MHT-CSC Document 20-2 Filed 02/01/2007 Page 1 of 4
9. However, Mr. Appiah does not have the right to insist that the terms and

conditions of said agreement be materially changed, and that I refund him monies

for legal services that were remitted on his behalf

X .tar

Dwayne L. Bro

Sworn to and Subscribed before me on this ato- day of 3

-bnun 2007.

R

D ELQM:.

NOT PUBLIC

My Commission Exp.. _a )-1_00 c7

Case 2:06-cv-00735-MHT-CSC Document 20-2 Filed 02/01/2007 Page 2 of 4
Camellia Thertipeutic Foster Agency, LLC

ALABAMA STATE LICENSED CHILD PLACING & ADOPTION AGENCY

RUSSELL COUNTY, 2310 CRAWFORD ROAD, SUITE 104

P.O. BOX 788, PHENIX CITY, AL 36868-0788

DR. JOSEPH APPIAI1 PHONE: I-334448-2999

(bantams at ChifEatutheOffiter

FAX: I-(334)-448-I666

KAREN JUJUS, LCSW, PIP, EXECUTIVE: DIRECTOR

E-MAIL: Mfakabsscom

July 11, 2006

From: Dr. Joseph Appiah

To: Attorney Dwayne Brown

P.O. Box 230205

Montgomery, AL 36123-0205

RECEIVED MO 3 2005

I have been referred to you by Attorney Peter Dumbuya, asking that you take our Civil

Suit filed against the State of Alabama Governor Bob Riley for the sum of 20 million

dollars. The case has been filed in the Montgomery County Circuit Court.

Please let us know if you will be able to take our case by calling us at the above phone

number ( 334-448-2999) or writing a letter letting us know if you will be able to take our

case.

In His Service,

3

064 sysliaL

Dr. Joseph Appiah, CEO

Case 2:06-cv-00735-MHT-CSC Document 20-2 Filed 02/01/2007 Page 3 of 4
Sincerely,

3fitICC fr.

i

t

' I 7;be

44c 't 7;

Camellia Tlturapeutie Foster Agency, LW

ALABAMA STATE LICENSED CHILD PLACING & ADOPTION AGENCY

RUSSELL COUNTY, 2310 CRAWFORD ROAD, SUITE 104

P.O. BOX 788, PHENIX CITY, AL 36868-0788

DR. JOSEPH APPIAII PHONE: 1-334-448-2999

Oran &ChifecamitrOffiner

FAX: I-(330-4484666

KAREN JURLS, LCSW, PIP, EXECUTIVE DIRECTOR

E-MAIL• ctMA ei.am

October 31, 2006

To: Attorney Dwayne Brown

From: Dr. Joseph Appiah

Re: Meeting face-to-face

Dear Attorney Brown:

RECEIVED NOV 0 1 2006

I am asking for a face-to-face appointment with you on Friday, November 3, 2006 or

maybe one day next week. If the $7,300.00 I have paid is not enough money at this time,

probably 1 need to get the rest of my money and find another lawyer. My case is not

going to trial next month, but according to the court order it maybe between seven to ten

months, so what is the rush of money, money, and money?

I have had to move from 5 regional locations, it is very expensive and tedious. I have

become very stressed out, trying to pay off expensive rents and staff and utilities etc...

before I can finally shut down the operations.

I have already paid out $11,000.00 to two lawyers, who claimed to use politics to resolve

my case. Right now the check I am waiting on from family members have not arrived

and I don't have any money from any other sources, besides borrowing and I have already

borrowed $100,000.00 for payroll and other office expenses.

I will send money as the case progresses, if that's a problem then, 1 humbly ask that you

take whatever services you have performed legally out of my $7,300.00 and refund the

rest of the money, so that I can go the Atlanta to secure me a lawyer. Thank you and

"May God Bless You".

Case 2:06-cv-00735-MHT-CSC Document 20-2 Filed 02/01/2007 Page 4 of 4