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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ADIL SHAFI, an individual,

Counter-Plaintiff,

vs

BRAINTECH, INC, 

Counter-Defendant,

__________________________________________/

AND

ROBOTIC VISION TECHNOLOGIES, LLC, and 

FREDERICK WEIDINGER, an individual,

Plaintiff

vs

ADIL SHAFI,

 Defendant.

___________________________________________/

Case No. 09-10454

Hon. Victoria A. Roberts

Case No. 11-12909

Hon. Victoria A. Roberts

MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT

NOW COMES Berry Moorman PC, attorney of record for Defendant Adil Shafi in this 

matter, and respectfully requests leave to withdraw as counsel under the provisions of Local Rule 

83.30(a). 

1. Case 09-10454 commenced on February 6, 2009 and 11-12909 commenced on 

July 5, 2011. Berry Moorman PC was retained to represent Adil Shafi at the commencement of 

both cases. 

2. Berry Moorman PC has vigorously represented Mr. Shafi throughout the 

pendency of this case, including filing and defending numerous motions on Mr. Shafi’s behalf.

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3. The Michigan Rules of Professional Conduct describe the circumstances where a 

lawyer may withdraw from representation. MRPC 1.16(b) provides in relevant part:

[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 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

(6) other good cause for withdrawal exists.

4. Good cause exists to withdraw from representation where the client has caused a 

breakdown in the attorney-client relationship. Ambrose v. The Detroit Edison Co, 65 Mich. App. 

484, 488 (1975); Genrow v. Flynn, 166 Mich. 564, 567-68 (1911) (“The relations between 

attorney and client are of a delicate and confidential nature. They should have faith in each other, 

and their relations should be such that they can cordially cooperate”).

5. A breakdown in the attorney-client relationship has developed in this matter as to 

certain issues, such that Berry Moorman PC can no longer act as counsel for Mr. Shafi.

6. Mr. Shafi has failed to fulfill certain obligations to Berry Moorman PC, thus 

providing good cause for withdrawal.

7. After attempts to resolve these issues with Mr. Shafi, Berry Moorman PC notified 

him on March 14, 2012 that it intended to file a motion to withdraw, and advised Mr. Shafi to 

seek alternate representation.

8. Discovery is closed in case 09-10454.

9. Discovery cutoff in 11-12909 is June 15, 2012.

10. Dispositive Motions must be filed by July 31, 2012.

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11. Subsequent to Berry Moorman PC’s informing Mr. Shafi that it would be filing a 

motion to withdraw as counsel, Robotic Vision Technologies and Frederick Weidinger served its 

First Request for Production of Documents and Things to Adil Shafi.

12. Mr. Shafi will not be prejudiced by Berry Moorman PC’s withdrawal. 

13. However, it may be necessary to stay any responses to discovery, discovery 

deadlines, and/or dispositive motion deadlines in this matter, so as to allow Mr. Shafi time to 

obtain new counsel.

14. Therefore, Berry Moorman PC recommends that the Court require Mr. Shafi an 

additional 30 days, from the date of entry of this order, to find substitute counsel.

15. Concurrence in the relief requested was sought pursuant to LR 7.1(a) on April 25 

and concurrence was given by both opposing counsels for Braintech Inc. and Robotic Vision 

Industries/Weidinger.

WHEREFORE, Berry Moorman PC requests that the Court grant it leave to withdraw as 

Mr. Shafi’s counsel and grant Mr. Shafi an additional 30 days, from the date of entry of this 

order, to find substitute counsel.

Respectfully submitted,

/s/ Noah S. Hurwitz 

Sheryl A. Laughren (P34697) 

Noah S. Hurwitz (P74063)

BERRY MOORMAN P.C. 

Attorneys for Adil Shafi 

535 Griswold, Suite 1900

May 9, 2012 Detroit, MI 48226

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ADIL SHAFI, an individual,

Counter-Plaintiff,

vs

BRAINTECH, INC, 

Counter-Defendant,

__________________________________________/

AND

ROBOTIC VISION TECHNOLOGIES, LLC, and 

FREDERICK WEIDINGER, an individual,

Plaintiff

vs

ADIL SHAFI,

 Defendant.

___________________________________________/

Case No. 09-10454

Hon. Victoria A. Roberts

Case No. 11-12909

Hon. Victoria A. Roberts

BRIEF IN SUPPORT OF BERRY MOORMAN PC’S 

MOTION TO WITHDRAW AS COUNSEL FOR ADIL SHAFI

For its Brief in Support of Berry Moorman’s Motion to Withdraw as Counsel for

Adil Shafi, Berry Moorman PC relies upon MRPC 1.16, the pleadings on file with the Court, and 

the facts set forth in its motion.

Respectfully submitted,

/s/ Noah S. Hurwitz

Sheryl A. Laughren (P34697)

Noah S. Hurwitz (P74063)

BERRY MOORMAN P.C. 

Dated May 9, 2012 535 Griswold, Suite 1900

Detroit, Michigan 48226 

(313) 496-1200

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CERTIFICATE OF SERVICE

I hereby certify that on May 9, 2012, I electronically filed the foregoing with the Clerk of 

the Court using the CM/EMF system, which will send notification of such filing (NEF) to the 

following:

Sheryl A. Laughren (P34697) Anne Widlak (P35763) 

David M. Foy (P42574) Susan D. Koval (P59297)

BERRY MOORMAN P.C. NEMETH BURWELL, P.C. 

Attorneys for Adil Shafi Attorneys for Braintech, Inc.

535 Griswold, Suite 1900 200 Talon Centre Drive, Suite 200 

Detroit, Michigan 48226 Detroit, Michigan 48207 

(313) 496-1200 (313) 567-5921

Thomas G. McNeill (P36895) 

Attorney for Weidinger, Robotic Vision Technologies

500 Woodward Ave, Suite 4000 

Detroit, Michigan 48226 

Tel: 313.223.3500

tmcneill@dickinsonwright.com

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