Case 2:13-cv-00281-DS Document 151 Filed 02/04/15 Page 1of 4 JAMES C. BRADSHAW (#3768) ANN MARIE TALIAFERRO (#8776) BROWN, BRADSHAW & MOFFAT, LLP 10 West Broadway, Suite 210 Salt Lake City, Utah 84101 Telephone: (801) 532-5297 Facsimile: (801) 532-5298 Attorneys for Lyle Jeffs Attorneys for Nephi Jeffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION THOMAS E. PEREZ, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, MOTION TO WITHDRAW AS COUNSEL Petitioner, v PARAGON CONTRACTORS Civil No. 2:13-cv-00281-DS CORPORATION, BRIAN JESSOP, DALE BARLOW, KEITH DUTSON, VERGEL STEED and CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, Respondents. Pursuant to DUCivR 83-1.4, Counsel named above, JAMES C. BRADSHAW and ANN TALIAFERRO, hereby moves to withdraw as Counsel for Mr. Nephi Jefi and Mr. Lyle Jeffs. ‘The Grounds for this Motion to Withdraw are as follows:Case 2:13-cv-00281-DS Document 151 Filed 02/04/15 Page 2 of 4 1. The last known contact information for Respondents is: Mr. Lyle Jefis Mr. Nephi Jeffs 2. The reasons for withdrawal are as follows: a Nephi Jeffs and Lyle Jeffs have terminated the services of Counsel herein and seek to retain new counsel. b. Nephi Jeff’ and Lyle Jeffs are requesting the 21-day time period provided by the Rules of Procedure to retain different counsel to insure that they have effective representation advocating on their behalf. ‘The Jeffs have concluded that a change in counsel is necessary to insure the full protection of their interests relative to the important and crucial matters of constitutional magnitude that have been raised before this Court. ©. There is no trial date set. 4 There are, however, oral orders that have been made by the Court which will need to be stayed until Lyle and Nephi Jeffs have retained new counsel. Counsel herein were in the process of drafting and circulating written orders of the Court stemming from a prior hearing, which include oral orders that Lyle and Nephi Jeffs answer certain questions posed previously to them in depositions; an order that Lyle and Nephi Jeffs. provide notice as to whether they will answer those questions as ordered by the Court; and an order that Lyle and Nephi Jeffs provide scriptural support for their religious belief®. Pursuant to a telephone conference held Monday, February 2, 2015, the Court has also allowed Counsel herein to submit briefing related to theCase 2:13-cv-00281-DS Document 151 Filed 02/04/15 Page 3 of 4 issue of tolling the statute of limitations. Such orders and continued work will necessarily have to be accomplished by new counsel. ©. Withdrawal is not meant to unduly prejudice any other party or improperly delay the litigation; withdrawal is only meant to insure that the Jeffs are afforded the full protection of their interests. 3. No Notice of Substitution of Counsel has been filed. As such, Nephi Jeffs and Lyle Jefls are hereby notified that they must file a pro se notice of appearance or new counsel must file an appearance of counsel within twenty-one (21) days after entry of the order of withdrawal, unless otherwise ordered by the Court. 4. Pursuant to DUCIVR 83-1.3, notice is hereby given that no corporation, association, partnership, limited liability company or other artificial entity may appear pro se, but must be represented by an attomey who is admitted to practice in this Court, 5. Counsel herein certifies that this motion will be electronically docketed and accordingly noticed to all parties. 6. The written consent of Nephi Jef and Lyle Jeffs is not submitied with this motion, Accordingly, Pursuant to DUCivR 83-1.4(b)(2), Counsel herein certifies that a copy of this, Motion to Withdraw will be sent to Nephi Jeffs and Lyle Jeffs. A description of the status of this case was detailed above, and Counsel further certifies that such status has been made known to Nephi Jeffs and Lyle Jeffs.Case 2:13-cv-00281-DS Document 151 Filed 02/04/15 Page 4 of 4 RESPECTFULLY SUBMITTED this 4" day of February, 2014. Js! James C. Bradshaw s/ Ann Marie Taliaferro JAMES C. BRADSHAW ANN MARIE TALIAFFERRO Attorneys for Nephi Jeffs Attorneys for Lyle Jefis CERTIFICATE OF SERVICE Thereby certify that on this 4th day of February 2014, I electronically filed the foregoing MOTION TO WITHDRAW AS COUNSEL using the CM/ECF system which sent notification of such filing to the following: Karen E. Bobela Rick J. Sutherland bobela karen.e.@dol.2ov rsutherland@joneswaldo.com USS. Department of Labor ‘Attomey for Brian Jessop and Paragon, Office of the Solicitor Contractors 1244 Speer Blvd., Suite 515 170 South Main Street, Suite 1500 Denver, Colorado 80204 Salt Lake City, Utah 84101 John D. Hancock Richard A. Van Wagoner jhancocklaw.ut@gmail.com rvanwagoner(@scmlaw.com ‘Attomey for Dale Barlow ‘Attomey for Brian Jessop 72 North 300 East, s Snow Christensen & Martineau Roosevelt, Utah 84066 10 Exchange Place, 11th Floor Salt Lake City, UT 84145-5000 /s{ Stephanie Snyder _ADBMSERVER Rosiecusolsstepbn bese 124Case 2:13-cv-00281-DS Document 151-1 Filed 02/04/15 Page 1 of 3 JAMES C. BRADSHAW (#3768) ANN MARIE TALIAFERRO (#8776) BROWN, BRADSHAW & MOFFAT, LLP 10 West Broadway, Suite 210 Salt Lake City, Utah 84101 Telephone: (801) 532-5297 Facsimile: (801) 532-5298 Attorneys for Lyle Jeff Attorneys for Nephi Jeffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION THOMAS E. PEREZ, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Petitioner, PARAGON CONTRACTORS. CORPORATION, BRIAN JESSOP, DALE BARLOW, KEITH DUTSON, VERGEL STEED and CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, Respondents. ORDER GRANTING WITHDRAWAL OF COUNSEL (PROPOSED) ‘No. 2:13-ev-00281-DS Pursuant to DUCivR 83-1.4, counsel named above has moved to withdraw as counsel for Mr. Nephi Jeffs and Mr. Lyle Jeffs ‘The motion to withdraw is hereby GRANTED. ‘The Court further orders that within twenty-one (21) days after entry of the order allowing withdrawal of counsel, or within the time otherwise required by the court, the unrepresented party shall file a notice of appearance.Case 2:13-cv-00281-DS Document151-1 Filed 02/04/15 Page 2 of 3 ‘No corporation, association, partnership, limited liability company or other artificial entity may appear pro se, but must be represented by an attorney who is admitted to practice in this court Any party who fails to file a Notice of Appearance may be subject to sanction pursuant to Federal Rule of Civil Procedure 16(f)(1), including but not limited to dismissal or default judgment. BE IT SO ORDERED. DAVID SAM Federal District Court JudgeCase 2:13-cv-00281-DS Document 151-1 Filed 02/04/15 Page 3 of 3 CERTIFICATE OF SERVICE Thereby certify that on this 4th day of February 2014, I electronically filed the foregoing ORDER GRANTING WITHDRAWAL OF COUNSEL using the CM/ECF system which sent notification of such filing to the following: Karen E. Bobela Rick J. Sutherland bobela.karen.e,@dol.gov rsutherland@joneswaldo.com U.S. Department of Labor Attorney for Brian Jessop and Paragon Office of the Solicitor Contractors 1244 Speer Blvd., Suite 515 170 South Main Street, Suite 1500 Denver, Colorado 80204 Salt Lake City, Utah 84101 John D. Hancock Richard A. Van Wagoner jhancocklaw.ut@gmail.com rvanwagoner@semlaw.com ‘Attomey for Dale Barlow Attorney for Brian Jessop 72 North 300 East, Suite 1 Snow Christensen & Martineau Roosevelt, Utah 84066 10 Exchange Place, 11th Floor Salt Lake City, UT 84145-5000 ‘sf Stephanie Snyder Cithesshnie BROWNBRADSHA AD ccs now Tempo ene Fs ao 2ACOFEDASRD we