UNITED STATES DISTRICT COURT

IN THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

EDWARD BROWN and

NANCY BROWN,

Plaintiffs, Case No. 2:09-cv-10864

v. Hon. Gerald E. Rosen

Mag. Judge Virginia M. Morgan

LITTON LOAN SERVICING LP and

EMC MORTGAGE CORPORATION,

Defendants.

_______________________________________________________________________/

LANDIS & DAY, PLC DYKEMA GOSSETT PLLC

Edward L. Ewald, Jr. (P43751) Joseph H. Hickey (P41664)

Kassem M. Dakhlallah (P70842) Jong-Ju Chang (P70584)

Attorneys for Plaintiffs Joseph A. Doerr (P66109)

6200 Schaefer Rd., Ste. 301 Michael J. Blalock (P68969)

Dearborn, MI 48126 Attorneys for EMC Mortgage Corporation

(313) 582-1212 39577 Woodward Avenue, Suite 300

Email: eewald@landisday.com Bloomfield Hills, MI 48304

kassemd@landisday.com (248) 203-0700

Email: jhickey@dykema.com

HERTZ SCHRAM, PC jchang@dykema.com

Ari M. Charlip (P57285) jdoerr@dykema.com

Deborah S. Lapin (P59027) mblalock@dykema.com

Attorneys for Defendant Litton

Loan Servicing LP

1760 South Telegraph Rd., Ste. 300

Bloomfield Hills, MI 48302

(248) 335-5000

Email: acharlip@hertzschram.com

_______________________________________________________________________/

LANDIS & DAY, PLC’S MOTION TO WITHDRAW AS COUNSEL

FOR PLAINTIFFS EDWARD BROWN AND NANCY BROWN

Case 2:09-cv-10864-GER-VMM Document 11 Filed 05/14/2009 Page 1 of 6
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Landis & Day, PLC hereby motions this Court, pursuant to E.D. Mich. L.R. 83.30 and

MRPC 1.16, for permission to withdraw as counsel of record for Plaintiffs Edward Brown and

Nancy Brown, and in support of its motion, states as follows:

1. On February 20, 2009, Landis & Day, PLC initiated this matter in the Oakland

County Circuit Court on behalf of Plaintiffs by filing a Complaint and an Ex Parte Motion for

a Temporary Restraining Order and a Preliminary Injunction.

2. On March 6, 2009, the action was removed to this Honorable Court by Defendant

EMC Mortgage Corporation’s (“EMC”) counsel.

3. Plaintiffs’ counsel have made diligent and good-faith attempts to reach an

agreeable solution to this matter with counsel for Defendant EMC and Defendant Litton Loan

Servicing LP.

4. However, for over two months, Plaintiffs’ counsel and other staff members from

Landis & Day, PLC have attempted to contact each of the Plaintiffs on several occasions,

verbally and in writing.

5. All attempts to contact Plaintiffs have failed, and Plaintiffs have been unreceptive

to said attempts.

6. MCR 1.16(b) provides, in relevant part, that:

[A] lawyer may withdraw from representing a client if withdrawal can be

accomplished without material adverse effect on the interests of the client, or if:

*******

(4) the client fails substantially to fulfill an obligation to the lawyer regarding the

lawyer’s services and has been given the reasonable warning that the lawyer will

withdraw unless the obligation is fulfilled;

(5) the representation will result in an unreasonable financial burden on the

lawyer or has been rendered unreasonably difficult by the client; or

Case 2:09-cv-10864-GER-VMM Document 11 Filed 05/14/2009 Page 2 of 6
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(6) other good cause for withdrawal exists.

7. In this matter, the Plaintiffs have unquestionably failed to substantially honor their

obligation to Plaintiffs’ counsel and attempts to warn Plaintiffs of said deficiency have been

made on several occasions, verbally and in writing.

8. After said warnings, Plaintiffs continued in their failure to honor their obligations

to Landis & Day, PLC, including the payment of amounts due and owing from Plaintiffs to

Landis & Day, PLC.

9. A breakdown of the attorney-client relationship has occurred to the extent that

Plaintiffs’ counsel can no longer represent Plaintiffs in this matter in an ethical or good faith

fashion, and good cause exists to terminate the attorney-client relationship.

10. As such, Plaintiffs’ counsel seeks an order from this Honorable Court allowing

Plaintiffs’ Counsel to withdraw as counsel for Plaintiffs in this matter.

WHEREFORE, Landis & Day, PLC respectfully requests that this Honorable Court

grant this Motion, permitting its withdrawal as counsel for Plaintiffs Edward Brown and

Nancy Brown.

Respectfully Submitted,

LANDIS & DAY, PLC

/s/ Kassem M. Dakhlallah_____

Edward L. Ewald, Jr. (P43751)

Kassem M. Dakhlallah (P70842)

Attorneys for Plaintiffs

6200 Schaefer Rd., Ste. 301

Dearborn, MI 48126

(313) 582-1212

kassemd@landisday.com

Dated: May 14, 2009

Case 2:09-cv-10864-GER-VMM Document 11 Filed 05/14/2009 Page 3 of 6
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UNITED STATES DISTRICT COURT

IN THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

EDWARD BROWN and

NANCY BROWN,

Plaintiffs, Case No. 2:09-cv-10864

v. Hon. Gerald E. Rosen

Mag. Judge Virginia M. Morgan

LITTON LOAN SERVICING LP and

EMC MORTGAGE CORPORATION,

Defendants.

_______________________________________________________________________/

LANDIS & DAY, PLC DYKEMA GOSSETT PLLC

Edward L. Ewald, Jr. (P43751) Joseph H. Hickey (P41664)

Kassem M. Dakhlallah (P70842) Jong-Ju Chang (P70584)

Attorneys for Plaintiffs Joseph A. Doerr (P66109)

6200 Schaefer Rd., Ste. 301 Michael J. Blalock (P68969)

Dearborn, MI 48126 Attorneys for EMC Mortgage Corporation

(313) 582-1212 39577 Woodward Avenue, Suite 300

Email: eewald@landisday.com Bloomfield Hills, MI 48304

kassemd@landisday.com (248) 203-0700

Email: jhickey@dykema.com

HERTZ SCHRAM, PC jchang@dykema.com

Ari M. Charlip (P57285) jdoerr@dykema.com

Deborah S. Lapin (P59027) mblalock@dykema.com

Attorneys for Defendant Litton

Loan Servicing LP

1760 South Telegraph Rd., Ste. 300

Bloomfield Hills, MI 48302

(248) 335-5000

Email: acharlip@hertzschram.com

_______________________________________________________________________/

LANDIS & DAY, PLC’S BRIEF IN SUPPORT OF ITS MOTION TO WITHDRAW AS

COUNSEL FOR PLAINTIFFS ADAM PACHANA AND LIDIA PACHANA

Case 2:09-cv-10864-GER-VMM Document 11 Filed 05/14/2009 Page 4 of 6
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For its Brief in Support of its Motion to Withdraw as Counsel for Plaintiffs in this

matter, Landis & Day, PLC hereby relies on its Motion and E.D. Mich. L.R. 83.30 and MRPC

1.16.

WHEREFORE, Landis & Day, PLC respectfully requests that this Honorable Court

grant this Motion, permitting its withdrawal as counsel for Plaintiffs Edward Brown and

Nancy Brown.

Respectfully Submitted,

LANDIS & DAY, PLC

/s/ Kassem M. Dakhlallah_____

Edward L. Ewald, Jr. (P43751)

Kassem M. Dakhlallah (P70842)

Attorneys for Plaintiffs

6200 Schaefer Rd., Ste. 301

Dearborn, MI 48126

(313) 582-1212

kassemd@landisday.com

Dated: May 14, 2009

Case 2:09-cv-10864-GER-VMM Document 11 Filed 05/14/2009 Page 5 of 6
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CERTIFICATE OF SERVICE

I hereby certify that on May 14, 2009, I electronically filed the foregoing paper with

the Clerk of the Court using the ECF system which will send notification of such filing to the

following:

jhickey@dykema.com;

jchang@dykema.com;

jdoerr@dykema.com;

mblalock@dykema.com; and

acharlip@hertzschram.com

Respectfully Submitted,

LANDIS & DAY, PLC

/s/ Kassem M. Dakhlallah_____

Edward L. Ewald, Jr. (P43751)

Kassem M. Dakhlallah (P70842)

Attorneys for Plaintiffs

6200 Schaefer Rd., Ste. 301

Dearborn, MI 48126

(313) 582-1212

kassemd@landisday.com

Dated: May 14, 2009

Case 2:09-cv-10864-GER-VMM Document 11 Filed 05/14/2009 Page 6 of 6