IN THE UNITED STATES DISTRICT
COURT, MIDDLE DISTRICT OF
FLORIDA, ORLANDO DIVISION

CASE #: 6:12-CV-1102-ORL-31-KRS


MARK E. SCHMIDTER, et al.,
Plaintiff(s),
v.

BELVIN PERRY, JR.,

Defendant(s).

MOTION TO WITHDRAW AS COUNSEL FOR JULIAN HEICKLEN

COMES NOW the undersigned attorney, ADAM H. SUDBURY, on behalf of himself and SUDBURY LAW, PL, and pursuant to Local Rule 2.03, to move for leave of court to withdraw from representing the Plaintiff, JULIAN P. HEICKLEN, in the above-captioned matter. As grounds therefor, counsel states:

    1. The undersigned currently represents both Plaintiffs, MARK E. SCHMIDTER and JULIAN P. HEICKLEN, in the above-captioned matter as well as in a related state court appeal in case numbers 5D11-2588 and 5D11-3036.

    2. The Plaintiff, JULIAN P. HEICKLEN, has given notice to the undersigned attorney and to the Fifth District Court of Appeal of his desire to discharge counsel and proceed in forma pauperis in all pending proceedings. A copy of the “motion” filed by Plaintiff HEICKLEN in the state court appeal case is attached hereto as “Exhibit A” and incorporated herein by reference as if fully set forth here and at length.


    3. The notice of discharge was received by counsel by e-mail on October 16, 2012 and reviewed for the first time on October 18, 2012.


  4. As a result of Plaintiff HEICKLEN’s actions, counsel can no longer ethically proceed in the above-captioned matter
representing Plaintiff HEICKLEN. The undersigned counsel does not foresee any issue arising in the case regarding the representation of Plaintiff SCHMIDTER.

   5. At the time that the undersigned became aware of HEICKLEN’s intent to discharge him as his attorney, the Rule 12(f) conference had already been scheduled. To prevent delay, the undersigned proceeded with the 12(f) conference and the agreed case management report will be submitted in short order.

   
    6. Together with service of this motion, the undersigned is delivering a copy of the case management report to Plaintiff HEICKLEN via e-mail and requesting his position re: same.


    7. Plaintiff HEICKLEN’s contact information is as follows:
 
        a.    Mail: Rachel Immenu, 36 #2, Jerusalem, Israel 93228

        b.    E-Mail: jph13@psu.edu


    8. Plaintiff HEICKLEN has previously indicated by writing his willingness to accept service of all pleadings and papers via e- mail. Fla. R. Civ. P. 5(b)(2)(E).


    WHEREFORE, the undersigned respectfully requests that the Court grant the foregoing motion and permit withdrawal from representing Plaintiff HEICKLEN in the above-captioned matter.


SUDBURY LAW, PL

424 E Central Blvd # 307

Orlando, FL 32801


P: (407) 395-4111

F: (407) 395-4023

ADAM H SUDBURY

ADAM H. SUDBURY

 Florida Bar No. 783951
 



CERTIFICATE OF SERVICE


COURT:                 UNITED STATES DISTRICT COURT
DISTRICT:
            MIDDLE DISTRICT OF FLORIDA
DIVISION:    
        ORLANDO DIVISION

CASE STYLE:      
SCHMIDTER,etal.v.PERRY
CASE NO.:
             6:12-CV-1102-ORL-31-KRS
DOCUMENT:        MOTION TO WITHDRAW AS COUNSEL FOR JULIAN HEICKLEN

 I CERTIFY that a copy of the referenced document(s)

and of this certificate was furnished by E-MAIL and MAIL to:

PARTY:    
JULIAN P. HEICKLEN

Primary:     jph13@psu.edu

Secondary:
36 Rachel Immenu #2, Jerusalem, Israel 93228

Fax:
 N/A

    I CERTIFY that a copy of the referenced document(s) and of this certificate was furnished to:

ATTORNEY:
JOHN EDWIN FISHER, ESQUIRE r
OFFICE: Fisher Rushmer, P.A.
Primary: jfisher@fisherlawfirm.com
Secondary: jfisher@fisherlawfirm.com
Fax: (407) 422-1080

ATTORNEY:JAMIE BILLOTTE MOSES, ESQUIRE
OFFICE: Fisher Rushmer, P.A.
Primary: jfisher@fisherlawfirm.com 
Secondary: jmoses@fisherlawfirm.com
Fax: (407) 422-1080  


DATE OF
SERVICE:
Wednesday, October 24, 2012

METHOD:
    CM/ECF FILING    YES E-MAIL    NO FACSIMILE     NO MAIL


 BY: /s/ ADAM H SUDBURY


___________________
ADAM H. SUDBURY
Florida Bar No. 783951
adam@sudburylaw.net


SUDBURY LAW, PL
424 E Central Blvd # 307
Orlando, FL 32801-1923
 P: (407) 395-4111
F: (407) 395-4023 By:/s/
 contact@sudburylaw.net



EXHIBIT A

36 Rachel Immenu #2
Jerusalem, Israel 93228
jph13@psu.edu

October 17, 2012

Clerk of Court
Fifth District Court of Appeal
300 South Beach Street
Daytona Beach, FL 32114
Telephone: (386) 255-8600
FAX (386) 947-1562


Re: Ninth Judicial Circuit Court of FL, in and for Orange and Osceola Counties 

Heicklen and Schmidter
Case # 48–2011–CF–8856–O
 v.
Appellate Case # 5D113036
State of Florida 

    This letter is to inform the Court that Appellant Heicklen is dismissing Adam Sudbury as his counsel. Former Counsel Sudbury and Co-Appellant Schmidter are being notified by pdf copy via E-mail.

Appellant Heicklen is submitting an original signed letter of this document to the Court via regular air mail from Israel.    Another signed copy is being forwarded to Appellee’s counsel.    Appellant Heicklen does not know the E-mail address of Appellee’s counsel.  Please provide this information for use in future correspondence.

Appellant Heicklen has requested copies of court documents from former Counsel Sudbury on at least two occasions, but no response has been given. Appellant Heicklen believes this to be inadequate counsel.    As far as Appellant Heicklen knows, Adam Sudbury is still counsel for Appellant Schmidter.

Appellant Heicklen requests the Court to send him copies of all correspondence regarding this case to and from the Court since June 1, 2012. This should be done by pdf attachments to a reply E-mail.

In addition please send me the internet address for your court rules.    If no such address exists, please send me a copy of those rules as a pdf via E-mail.

Thank you for your expected cooperation.

Appellant Heicklen affirms that pdf copies of this letter have been sent via E-mail on October 17, 2012 to:
Adam Sudbury: Adam.Sudbury@SudburyLaw.net Mark Schmidter: mschmidter@gmail.com

Appellant Heicklen affirms that a signed original of this letter have been sent via air mail on October 17, 2012 to:

Florida Attorney General Pam Bondi Office of the Attorney General 444 Seabreeze Boulevard, Suite 500 Daytona Beach, FL 32118

Sincerely yours,
Julian Heicklen
 Appellant
Counsel Pro Se