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WCSR 3641524v1
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF SOUTH CAROLINAFLORENCE DIVISION4:07-CV-1559-RBH
CELK BLUE RIVER RIDGE, LLC; and )SMR BLUE RIVER RIDGE, LLC; )each individually and as Members of )Blue River Ridge at Blowing Rock, LLC ))Plaintiffs, ))v. ))PEERLESS REAL ESTATE SERVICES, INC., )
MOTION TO WITHDRAW AS
Individually, as the Manager of and as a )
COUNSEL FOR DEFENDANTS
Member of Blue River Ridge at Blowing )
PEERLESS REAL ESTATE
Rock, LLC; ARP BLUE RIVER RIDGE, LLC; )
SERVICES, INC. AND NEIL
FAA BLUE RIVER RIDGE, LLC; ANTHONY )
G. O’ROURKE
R. PORTER; FRANK A. AMELUNG; and )NEIL G. O’ROURKE, individually and as )Members of Blue River Ridge at Blowing Rock, )LLC; PG DEVELOPMENT, LLC; MICHAEL )YEOMANS, PALMETTO LAW ASSOCIATES, )LLC, and WILLIAM PHILLIP MURDOCK, JR., )ESQUIRE, ))Defendants. )J. Jeffrey Pascoe and the law firm Womble Carlyle Sandridge & Rice, PLLC (“WombleCarlyle”), respectfully request that this Court allow Mr. Pascoe and Womble Carlyle to withdrawfrom further representation of Defendants Peerless Real Estate Services, Inc. (“Peerless”) andNeil G. O’Rourke (“O’Rourke”) in the above-captioned matter pursuant to Revised Rule of Professional Conduct 1.16(a)(1) and (b)(1) and Local Civil Rule 83.I.07. In support of thisMotion, the undersigned states as follows:1. A Notice of Removal was filed in this action by Peerless on June 4, 2007removing this action to this Court from the Court of Common Pleas in Horry County, SouthCarolina.
4:07-cv-01559-RBH Date Filed 06/27/2007 Entry Number 11 Page 1 of 5
 
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WCSR 3641524v1
2. On behalf of Peerless and O’Rourke, undersigned counsel filed a Motion forExtension of Time to Answer or Otherwise Respond to the Amended Complaint in this actionand such motion was granted, allowing Peerless and O’Rourke through and including July 2,2007 to answer or otherwise respond to the Amended Complaint.3. On June 6, 2007, the North Carolina Attorney General filed an action in WakeCounty, North Carolina Superior Court captioned as follows:
State of North Carolina ex rel. RoyCooper, Attorney General v. Peerless Real Estate Services, Inc., Village of Penland, L.L.C., MFSL Landholdings, L.L.C., Communities of Penland, L.L.C., COP Land Holdings, L.L.C., PGCapital Holdings, L.L.C., West Side Development, L.L.C., Anthony Porter, Frank Amelung, Richard Amelung, J. Kevin Foster, Neil G. O’Rourke, Michael Yeomans, and A. Greg Anderson,
File No. 07 CVS 9006. The lawsuit filed by the North Carolina Attorney General includesallegations that the defendants committed unfair or deceptive business practices.4. As part of the action filed by the North Carolina Attorney General, an order wasentered on June 6, 2007, appointing a receiver for all of the corporate defendants in that action,including Peerless.5. The nature of the claims brought by the Attorney General’s lawsuit creates aconflict or potential conflict which precludes Womble Carlyle’s further representation of Peerless and O’Rourke and any of the other corporate entities or individual defendants allegedlyconnected with Peerless. As a result, Womble Carlyle is seeking to withdraw as counsel in thismatter, as well as in all matters in which Womble Carlyle represents Peerless and/or corporateentities and/or individual defendants allegedly connected with Peerless.
4:07-cv-01559-RBH Date Filed 06/27/2007 Entry Number 11 Page 2 of 5
 
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WCSR 3641524v1
6. Joseph W. Grier, the appointed receiver for Peerless, and Neil G. O’Rourke haveboth been notified of Womble Carlyle’s need to request leave from the Court to withdraw ascounsel for them in this matter.7. Undersigned hereby certifies that Peerless has been served with a copy of thismotion by serving the appointed receiver for Peerless by electronic mail and by U.S. Mail at thefollowing mailing address, which is being included herein as required by Local Civil Rule83.I.07: Joseph W. Grier, III of Grier, Furr & Crisp, PA, 101 North Tryon Street, Suite 1240,Charlotte, North Carolina 28246, telephone number: (704) 332-0201.8. Undersigned also hereby certifies that O’Rourke has been served with a copy of this motion by serving him by electronic mail and by U.S. Mail at the following mailing address,which is being included herein as required by Local Rule 83.I.07: Neil G. O’Rourke, 210 ShadLane, Apex, North Carolina 27253, telephone number: (919) 931-0603.9. As further required by Local Civil Rule 83.I.07, undersigned hereby certifies thatthe appointed receiver for Peerless, Joseph W. Grier, III, has been advised that a corporationcannot proceed without counsel and that counsel must be admitted in this district.10. Due to the upcoming deadline of July 2, 2007, for Peerless and O’Rourke toanswer or otherwise respond to the Amended Complaint in this action, and so as not to cause anundue hardship to Peerless and O’Rourke, undersigned is submitting contemporaneouslyherewith a Motion for Extension of Time on behalf of Peerless and O’Rourke for an additional20 days to answer or otherwise respond to the Amended Complaint in this action, in order toallow both Peerless and O’Rourke additional time to locate counsel admitted in this district, andfor that new counsel to prepare an answer or other response to the Amended Complaint on theirbehalf.
4:07-cv-01559-RBH Date Filed 06/27/2007 Entry Number 11 Page 3 of 5
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