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 ORDER GRANTING BOLLING, WALTER & GAWTHROP’S MOTION TO WITHDRAW AS COUNSEL OF RECORD 

MARJORIE E. MANNING, SBN 118643

T. D. BOLLING, JR., SBN 33236 

BOLLING, WALTER & GAWTHROP

A Professional Corporation

8880 Cal Center Drive, Suite 400

Sacramento, California 95826

Telephone No. (916) 369-0777

Telecopier No. (916) 369-2698

Attorneys for Defendant Bancroft Ventures Limited

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GENERAL HOLDING, INC., a California

corporation, 

Plaintiff,

v.

BANCROFT VENTURES LIMITED, an

Isle of Man corporation, DERIVIUM

CAPITAL (USA), INC., a Delaware

corporation; DERIVIUM CAPITAL, LLC,

a South Carolina limited liability

corporation; and CHARLES CATHCART,

an individual resident of the State of New

York,

Defendants.

________________________________/

Case No. CIV. S-04-2749 DFL DAD

ORDER GRANTING BOLLING,

WALTER & GAWTHROP’S MOTION

TO WITHDRAW AS COUNSEL OF

R E CORD FOR BA N C R O F T

VENTURES LIMITED

Date: June 8, 2005

Time: 10:00 a.m.

Dept.: Judge David Levi 

Bolling, Walter & Gawthrop’s motion to withdraw as counsel of record for Bancroft

Ventures Limited was heard June 8, 2005 before the Honorable David Levi. Marjorie E.

Manning and Theodore D. Bolling, Jr. of Bolling, Walter & Gawthrop appeared in support

of the motion, and Mr. D. Banie of DLA Piper Rudnick Gray Cary appeared on behalf of

plaintiff. The matter having been argued and submitted and good cause appearing therefor,

IT IS HEREBY ORDERED that:

1. Bolling, Walter & Gawthrop’s motion to withdraw as counsel of record for

Bancroft Ventures Limited in this action is granted.

Case 2:04-cv-02749-DFL-DAD Document 28 Filed 06/09/05 Page 1 of 2
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BOLLING, WALTER

& GAWTHROP

A Professional

Corporation

2

 ORDER GRANTING BOLLING, WALTER & GAWTHROP’S MOTION TO WITHDRAW AS COUNSEL OF RECORD 

2. At the time of the aforementioned hearing, Ms. Manning was directed to contact

Bancroft Ventures Limited, Alexander Jeeves, Nigel Wood, Kristina Phelan and F. Ron

Jenkins at their last known addresses and advise them that (a) this Court has granted the

motion to withdraw; (b) a corporation cannot represent itself and must appear through

counsel; (c) Bancroft’s default will be entered in this action if it does not appear through

counsel on or before July 8, 2005; (d) if new counsel does appear for Bancroft Ventures

Limited on or before July 8, 2005, said defendant’s response to General Holding’s first

amended complaint shall be due on or before July 29, 2005. Ms. Manning was further

directed to provide the Court with a copy of her advisement to that effect

3. The Court has lifted the moratorium on discovery in this matter pursuant to

plaintiff’s request set forth in the statement of qualified non-opposition to motion to

withdraw filed May 20, 2005.

4. On the afternoon of June 8, 2005, Marjorie E. Manning filed a declaration in this

matter, to which is attached a copy of a letter evidencing Bolling, Walter & Gawthrop’s

compliance with the conditions identified in paragraph 2 above. 

Dated: 6/9/2005

DAVID F. LEVI

United States District Judge

G:\DOCS\LEV\3. Signed Orders to be Processed\04cv2749.o.wpd.

Case 2:04-cv-02749-DFL-DAD Document 28 Filed 06/09/05 Page 2 of 2