4:07-cv-01559-RBH

Date Filed 06/27/2007

Entry Number 11

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION 4:07-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., Individually, as the Manager of and as a Member of Blue River Ridge at Blowing Rock, LLC; ARP BLUE RIVER RIDGE, LLC; FAA BLUE RIVER RIDGE, LLC; ANTHONY 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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS PEERLESS REAL ESTATE SERVICES, INC. AND NEIL G. O’ROURKE

J. Jeffrey Pascoe and the law firm Womble Carlyle Sandridge & Rice, PLLC (“Womble Carlyle”), respectfully request that this Court allow Mr. Pascoe and Womble Carlyle to withdraw from further representation of Defendants Peerless Real Estate Services, Inc. (“Peerless”) and Neil 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 this Motion, the undersigned states as follows: 1. A Notice of Removal was filed in this action by Peerless on June 4, 2007

removing this action to this Court from the Court of Common Pleas in Horry County, South Carolina. 1
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2.

On behalf of Peerless and O’Rourke, undersigned counsel filed a Motion for

Extension of Time to Answer or Otherwise Respond to the Amended Complaint in this action and 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 Wake

County, North Carolina Superior Court captioned as follows: State of North Carolina ex rel. Roy Cooper, 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., PG Capital 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 includes allegations that the defendants committed unfair or deceptive business practices. 4. As part of the action filed by the North Carolina Attorney General, an order was

entered 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 a

conflict 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 allegedly connected with Peerless. As a result, Womble Carlyle is seeking to withdraw as counsel in this

matter, as well as in all matters in which Womble Carlyle represents Peerless and/or corporate entities and/or individual defendants allegedly connected with Peerless.

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6.

Joseph W. Grier, the appointed receiver for Peerless, and Neil G. O’Rourke have

both been notified of Womble Carlyle’s need to request leave from the Court to withdraw as counsel for them in this matter. 7. Undersigned hereby certifies that Peerless has been served with a copy of this

motion by serving the appointed receiver for Peerless by electronic mail and by U.S. Mail at the following mailing address, which is being included herein as required by Local Civil Rule 83.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 Shad Lane, Apex, North Carolina 27253, telephone number: (919) 931-0603. 9. As further required by Local Civil Rule 83.I.07, undersigned hereby certifies that

the appointed receiver for Peerless, Joseph W. Grier, III, has been advised that a corporation cannot 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 to

answer or otherwise respond to the Amended Complaint in this action, and so as not to cause an undue hardship to Peerless and O’Rourke, undersigned is submitting contemporaneously herewith a Motion for Extension of Time on behalf of Peerless and O’Rourke for an additional 20 days to answer or otherwise respond to the Amended Complaint in this action, in order to allow both Peerless and O’Rourke additional time to locate counsel admitted in this district, and for that new counsel to prepare an answer or other response to the Amended Complaint on their behalf.

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WHEREFORE, J. Jeffrey Pascoe, on behalf of himself and Womble Carlyle Sandridge & Rice, PLLC, respectfully requests that this Court issue an order allowing Mr. Pascoe and Womble Carlyle Sandridge & Rice, PLLC, to withdraw as counsel for Defendants Peerless Real Estate Services, Inc. and Neil G. O’Rourke. This the 27th day of June, 2007. /s/ J. Jeffrey Pascoe_____________________ Jeff Pascoe (Fed. I.D. No. 9582) Womble Carlyle Sandridge & Rice, PLLC 550 S. Main St., Suite 400 Post Office Box 10208 Greenville, South Carolina 29603-0208 Phone: 864.255.5422 Fax: 864.239.5855 Attorney for the Defendants Peerless Real Estate Services, Inc. and Neil G. O’Rourke

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CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the 27th day of June 2007, (s)he mailed a copy of the attached Motion to Withdraw As Counsel for Defendants Peerless Real Estate Services, Inc. and Neil G. O’Rourke by depositing same in the United States Mail, first-class, proper postage, affixed, addressed to the person(s) hereinafter named, at the place(s) and address(es) stated below, which is/are the last known address(es): Joseph W. Grier, III, Esq. Grier, Furr & Crisp, PA 101 North Tryon Street, Suite 1240 Charlotte, NC 28246 Neil G. O’Rourke, Esq. 210 Shad Lane Apex, NC 27253 _______/s/ J. Jeffrey Pascoe ________

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