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Operating Engineers' Pension v. Western Power & Equipment Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


March 18, 2011

OPERATING ENGINEERS' PENSION
TRUST FUND; F.G. CROSTHWAITE AND RUSSELL E. BURNS, AS TRUSTEES,
PLAINTIFFS,
v.
WESTERN POWER & EQUIPMENT CORP., AN OREGON CORPORATION; AND
WESTERN POWER & EQUIPMENT CORP., A DELAWARE CORPORATION;
ARIZONA PACIFIC MATERIALS II, LLC, AN ARIZONA LIMITED LIABILITY COMPANY;
CHARLES DEAN MCLAIN, AS AN INDIVIDUAL; ROBERT RUBIN, AS AN INDIVIDUAL;
RUBIN FAMILY IRREVOCABLE STOCK TRUST; CASE DEALER HOLDING COMPANY, LLC
(F/K/A CNH DEALER HOLDING COMPANY, LLC), A DELAWARE LIMITED LIABILITY COMPANY;
CNH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND DOES 1-20, DEFENDANTS.

The opinion of the court was delivered by: Phyllis J. Hamilton Judge

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership 2 Including Professional Corporations ROBERT FRIEDMAN, N.Y. Bar No. 240414 3 (Pro Hac Vice Application Pending) E-mail: rfriedman@sheppardmullin.com 4 30 Rockefeller Plaza, Suite 2400 New York, New York 10112 5 Telephone: (212) 653-8700 Facsimile: (212) 653-8701 6 Attorneys for Defendant Arizona Pacific Materials II, LLC 7

Additional counsel on following page 8

NOTICE OF WITHDRAWAL OF COUNSEL AND [PROPOSED] ORDER THEREON

Trial Date: None

TO THE HONORABLE COURT, AND TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

Pursuant to Civil L.R. 11-5, Sheppard Mullin Richter & Hampton LLP hereby provides notice that Emily Seymour Costin and Jonathan Gary Rose are 5 withdrawing from this action as counsel of record for Defendant Arizona Pacific Materials II LLC.

Robert Friedman (whose Pro Hac Vice application is pending), Dianne B. Smith and M. Michael Cole will remain as counsel for Defendant Arizona Pacific Materials II LLC.

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By /s/ M. Michael Cole

M. MICHAEL COLE

Attorneys for Defendant ARIZONA PACIFIC MATERIALS II LLC

ORDER

IT IS HEREBY ORDERED that this Court enters the withdrawal for Emily Seymour Costin and Jonathan Gary Rose and relieves counsel of any duties as counsel 4 of record in this action for Defendant Arizona Pacific Materials II, LLC.

IT IS SO ORDERED.

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S O Dated: _____________, 2011 D U

March 24

I N IT IS SO ORDERED THE HONORABLE PHYLLIS J. HAMILTON UNITED STATES DISTRICT COURT JUDGE

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20110318

© 1992-2011 VersusLaw Inc.



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