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Case 1:09-cv-01761-BAH Document 13 Filed 07/19/10 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

GREGORY SLATE

) ) Plaintiff, ) ) v. ) ) ABC NEWS, INC., et al. ) ) Defendants. ) _______________________________________)

CA. 09-1761 (EGS)

MOTION FOR WITHDRAWAL OF THE APPEARANCE OF DUNLAP, GRUBB & WEAVER, PLLC, AS COUNSEL FOR GREGORY SLATE Thomas M. Dunlap, David Ludwig, and the law firm of Dunlap, Grubb & Weaver, PLLC (hereinafter the Firm) respectfully requests leave for the Firm and its attorneys to withdraw as counsel for Gregory Slate (the Plaintiff) in the above-styled action, and in support thereof, states as follows: 1. Pursuant to Rule 1.16 of the District of Columbia Rules of Professional Conduct,

the Firm must withdraw as counsel for the Plaintiff because continued representation under the circumstances has been rendered impossible. 2. The necessity for the Firms withdrawal under the circumstances has been

confirmed by legal ethics counsel of the District of Columbia Bar and the Virginia State Bar. 3. The Plaintiff has been advised of the firms intention to file the instant motion,

and has been given ample opportunity to locate and retain substitute counsel. 4. The trial in this case is not yet scheduled, and there are still more than three

months left in discovery in this case.

Case 1:09-cv-01761-BAH Document 13 Filed 07/19/10 Page 2 of 3

WHEREFORE, the Firm respectfully requests that the Court enter an Order granting Dunlap, Grubb & Weaver, PLLC, and all attorneys associated with Dunlap, Grubb & Weaver, PLLC, leave to withdraw as counsel for Gregory Slate in this matter.

Dated this 19th Day of July, 2010. Respectfully Submitted,

By:

/s/ Thomas M. Dunlap Thomas M. Dunlap (D.C. Bar # 471319) David Ludwig (D.C. Bar # 975891) DUNLAP, GRUBB & WEAVER, PLLC 1200 G Street, NW Suite 800 Washington, DC 20005 Telephone: 202-316-8558 Facsimile: 202-318-0242 tdunlap@dglegal.com Attorney for the Plaintiff

Case 1:09-cv-01761-BAH Document 13 Filed 07/19/10 Page 3 of 3

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 19, 2010, I caused a true and correct copy of the foregoing Motion for Withdrawal of the Appearance of Dunlap, Grubb & Weaver, PLLC, as counsel for Gregory Slate to be served via the Courts ECF system, upon the following:

Nathan E. Siegel (D.C. Bar #446253) John B. OKeefe (D.C. Bar #974892) LEVINE SULLIVAN KOCH & SCHULZ, L.L.P. 1050 Seventeenth Street, NW, Suite 800 Washington, DC 20036 Telephone: (202) 508-1100 Facsimile: (202) 861-9888 Attorney for Defendants

I HEREBY FURTHER CERTIFY that on July 19, 2010, I caused a true and correct copy of the foregoing Motion for Withdrawal of the Appearance of Dunlap, Grubb & Weaver, PLLC, as counsel for Gregory Slate to be served via e-mail, facsimile, and USPS Certified Mail, postage prepaid, upon the following: Gregory Slate 1708 Kilbourne Place, NW Washington, DC 20010

/s/ Thomas M. Dunlap Thomas M. Dunlap

Case 1:09-cv-01761-BAH Document 13-1 Filed 07/19/10 Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

GREGORY SLATE

) ) Plaintiff, ) ) v. ) ) ABC NEWS, INC., et al. ) ) Defendants. ) _______________________________________)

CA. 09-1761 (EGS)

ORDER GRANTING LEAVE TO WITHDRAW THIS DAY CAME Thomas M. Dunlap, David Ludwig, and the law firm of Dunlap, Grubb & Weaver, PLLC, (the Firm) and requested leave for the Firm and its attorneys to withdraw as counsel for Gregory Slate. UPON CONSIDERATION WHEREOF, it appearing to the Court that good cause exists for Dunlap, Grubb & Weaver, PLLC, and its attorneys to withdraw from the case, it is hereby ORDERED that the law firm of Dunlap, Grubb & Weaver, PLLC and its attorneys are no longer counsel of record for any party to this case. ENTERED this ________ day of _____________, 2010

_________________________________ Emmet G. Sullivan United States District Judge

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CASREF, JURY, STAYED, TYPE-E

U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:09-cv-01761-EGS

SLATE v. ABC NEWS, INC. et al Assigned to: Judge Emmet G. Sullivan Referred to: Magistrate Judge Alan Kay (Settlement) Cause: 17:101 Copyright Infringement

Date Filed: 09/16/2009 Jury Demand: Plaintiff Nature of Suit: 820 Copyright Jurisdiction: Federal Question

Plaintiff
GREGORY SLATE represented by David Ludwig DUNLAP, GRUBB & WEAVER, P.C. 199 Liberty Street, SW Leesburg, VA 20175 (703) 777-7319 Email: dludwig@dglegal.com TERMINATED: 08/19/2010 Thomas Mansfield Dunlap DUNLAP, GRUBB & WEAVER, P.L.L.C. 1200 G Street, NW Suite 800 Washington, DC 20005 (202) 316-8558 Fax: (202) 318-0242 Email: tdunlap@dglegal.com TERMINATED: 08/19/2010 V Defendant ABC NEWS, INC. represented by John B. O'Keefe LEVINE SULLIVAN KOCH & SCHULZ, LLP 1050 Seventeenth Street, NW Suite 800 Washington, DC 20036-5514 (202) 508-1100 Fax: (202) 861-9888 Email: jokeefe@lskslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Nathan E Siegel LEVINE SULLIVAN KOCH &

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SCHULZ, LLP 1050 17th Street, NW Suite 800 Washington, DC 20036-5514 (202) 508-1184 Fax: (202) 861-9888 Email: nsiegel@lskslaw.com LEAD ATTORNEY Defendant ABC NEWS INTERACTIVE, INC. represented by John B. O'Keefe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nathan E Siegel (See above for address) LEAD ATTORNEY Defendant DISNEY/ABC INTERNATIONAL TELEVISION, INC. represented by John B. O'Keefe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nathan E Siegel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/19/2010 08/19/2010

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Docket Text Case Stayed until 1/3/11 (clv, ) (Entered: 08/19/2010) MINUTE ORDER. Pending before the Court is 13 the motion to withdraw of plaintiffs counsel. Upon consideration of the motion, the response, the reply and surreply thereto, the Court hereby GRANTS the motion for the reasons stated on the record during the status hearing held on August 17, 2010. Accordingly, Dunlap, Grubb & Weaver, PLLC, and its attorneys are given leave to withdraw from this case. Moreover, consistent with the reasons stated on the record during the August 17, 2010 status hearing, the Court hereby recuses itself from this case. The case will be submitted to the calendar committee for random reassignment. At the request of plaintiff, and subject to reconsideration by the transferee Court, this case is hereby STAYED until January 3, 2011 to allow plaintiff, pro se, to familiarize himself with the complex legal issues involved in this case. Signed by Judge Emmet G. Sullivan on August 19, 2010. (lcegsl) (Entered: 08/19/2010)

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08/17/2010

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 8/17/2010. Order to be presented. (Court Reporter CATALINA KERR.) (clv, ) (Entered: 08/17/2010) 17 RESPONSE re 13 MOTION to Withdraw as Attorney filed by GREGORY SLATE. "Let this be filed" by Judge Emmet G. Sullivan (jf,) (Entered: 08/17/2010) Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 8/10/2010; Status Conference set for 8/17/2010 12:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (Court Reporter WENDY RICARD.) (clv, ) (Entered: 08/10/2010) 16 rNOTICE of Appearance by John B. O'Keefe on behalf of ABC NEWS INTERACTIVE, INC., ABC NEWS, INC., DISNEY/ABC INTERNATIONAL TELEVISION, INC. (O'Keefe, John) (Entered: 08/03/2010) REPLY to opposition to motion re 13 MOTION to Withdraw as Attorney filed by GREGORY SLATE. (Ludwig, David) (Entered: 08/02/2010) Memorandum in opposition to re 12 MOTION to Withdraw as Attorney filed by GREGORY SLATE. (dr) (Entered: 07/26/2010) Set/Reset Hearings:(Status Conference set for 8/10/2010 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan.), Case Stayed (clv, ) (Entered: 07/20/2010) MINUTE ORDER. In view of the 13 motion to withdraw filed by plaintiffs counsel, the Court sua sponte schedules a status hearing for August 10, 2010 at 11:00 a.m. in Courtroom 24A. Plaintiffs counsel is directed to personally serve plaintiff with notice of the status hearing. This action is hereby stayed pending further Order of the Court. Signed by Judge Emmet G. Sullivan on July 20, 2010. (lcegsl) (Entered: 07/20/2010) 13
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MOTION to Withdraw as Attorney by GREGORY SLATE (Attachments: #1 Text of Proposed Order)(Dunlap, Thomas) (Entered: 07/19/2010) MINUTE ORDER directing counsel to jointly contact chambers at 202354-3030, about two to three weeks in advance of when they wish to engage in a settlement conference, and at that time, a date and time will be selected. Signed by Magistrate Judge Alan Kay on 01/11/10. (DM) (Entered: 01/11/2010)

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CASE REFERRED to Magistrate Judge Alan Kay for mediation. (kb) (Entered: 12/29/2009) Set/Reset Deadlines/Hearings: Amended Pleadings due by 2/26/2010. Discovery due by 10/29/2010. Plaintiff Rule 26a1 due by 1/15/2010. Defendant Rule 26a1 due by 1/15/2010. Status Conference set for

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11/9/2010 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, ) (Entered: 12/09/2009) 12/08/2009
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AMENDED COMPLAINT against ABC NEWS INTERACTIVE, INC., ABC NEWS, INC., DISNEY/ABC INTERNATIONAL TELEVISION, INC. filed by GREGORY SLATE.(jf, ) (Entered: 12/09/2009) SCHEDULING ORDER AND MAGISTRATE JUDGE REFERRAL ORDER. The parties are directed to read this Order in its entirety upon receipt. This case is referred to Magistrate Judge Alan Kay for mediation purposes. In the event a settlement is not reached, the Court will hold a status hearing in this case on November 9, 2010 at 11:00 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on December 8, 2009. (Icegs1) (Entered: 12/08/2009) MINUTE ORDER granting 9 plaintiffs unopposed motion for leave to file amended complaint. Pursuant to the parties' agreement, the Answer and Affirmative Defenses previously filed by defendants in this case are accepted as the Answer and Affirmative Defenses of American Broadcasting Companies, Inc. Signed by Judge Emmet G. Sullivan on December 8, 2009. (lcegs1) (Entered: 12/08/2009)

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MOTION to Amend/Correct 7 Unopposed MOTION for Leave to File Amended Complaint by GREGORY SLATE (Attachments: # j Text of Proposed Order Consent Order for Leave to Amend, # 2 Exhibit Amended Complaint)(Dunlap, Thomas) (Entered: 12/08/2009) MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order Joint Proposed Scheduling Order)(Dunlap, Thomas) (Entered: 12/08/2009)
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Unopposed MOTION for Leave to File Amended Complaint by GREGORY SLATE (Dunlap, Thomas) (Entered: 12/08/2009) ORDER: Attorney Meet and Confer Conference due by 12/1/2009., Meet & Confer Statement due by 12/8/2009. Setting forth further i nstruction to counsel.. Signed by Judge Emmet G. Sullivan on 10/28/09. (clv, ) (Entered: 10/28/2009) Corporate Disclosure Statement by DISNEY/ABC INTERNATIONAL TELEVISION, INC.. (Siegel, Nathan) (Entered: 10/27/2009) Corporate Disclosure Statement by ABC NEWS INTERACTIVE, INC.. (Siegel, Nathan) (Entered: 10/27/2009)

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Corporate Disclosure Statement by ABC NEWS, INC.. (Siegel, Nathan) (Entered: 10/27/2009) ANSWER to 1 Complaint, by ABC NEWS, INC., ABC NEWS INTERACTIVE, INC., DISNEY/ABC INTERNATIONAL TELEVISION, INC.. Related document: 1 Complaint, filed by GREGORY SLATE.(Siegel, Nathan) (Entered: 10/27/2009) Summons (3) Issued as to ABC NEWS, INC., ABC NEWS

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INTERACTIVE, INC., DISNEY/ABC INTERNATIONAL TELEVISION, INC.. (rdj) (Entered: 09/18/2009) 09/16/2009 1 COMPLAINT against ABC NEWS, INC., ABC NEWS INTERACTIVE, INC., DISNEY/ABC INTERNATIONAL TELEVISION, INC. ( Filing fee $ 350, receipt number 4616024034) filed by GREGORY SLATE. (Attachments: # 1 Exhibit A, #2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(rdj) (Entered: 09/18/2009)

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