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IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

)
RIGHTHAVEN LLC, ) Case No. 2:10-CV-3075-RMG-JDA
)
Plaintiff and Counter-Defendant, )
) MOTION FOR WITHDRAWAL OF
v. ) APPEARANCE AND TO STAY
) PROCEEDINGS
DANA EISER, )
)
Defendant and Counter-Plaintiff. )
)

Movant, Edward T. Fenno (“Counsel”), respectfully moves for withdrawal of his

appearance as counsel for Plaintiff / Counter-Defendant Righthaven LLC (“Righthaven”) in the

above-referenced matter, and to stay proceedings in this matter for fourteen (14) days to allow

Righthaven opportunity to obtain substitute counsel. In support thereof, Counsel states the

following:

1. Counsel’s withdrawal is permissible under the South Carolina Rules of

Professional Conduct pursuant to Rule 1.16(b)(1) (“withdrawal can be accomplished without

material adverse effect on the interests of the client”); Rule 1.16(b)(5) (“the client fails

substantially to fulfill an obligation to the lawyer regarding the lawyer’s services or payment

therefore and has been given reasonable warning that the lawyer will withdraw unless the

obligation is fulfilled”); Rule 1.16(b)(6) (“the representation will result in an unreasonable

financial burden on the lawyer or has been rendered unreasonably difficult by the client”); and/or

Rule 1.16(b)(7) (“other good cause for withdrawal exists”).

2. There is no discovery pending in this matter, there are no scheduled hearings at

this time, and the next deadline under the current Scheduling Order (Docket Entry No. 27) is not

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until June 23, 2011 (the last date on which parties may file motion to join other parties and

amend the pleadings).

3. Presently before the Court is Defendant Eiser’s Motion to Dismiss Righthaven’s

Complaint filed April 19, 2011 (Docket No. 37). Righthaven filed its Response in Opposition to

the Motion to Dismiss on May 6, 2011 (Docket No. 41). Defendant Eiser did not file a Reply.

The parties have not received notice of any scheduled hearing for oral arguments on this motion.

Nevertheless, in the event such hearing is scheduled and in order to allow Righthaven an

opportunity to obtain counsel to be present at any hearing, Counsel moves for a stay of all

proceedings in this matter for fourteen (14) days following the Court’s order on this motion.

Counsel does not, however, seek amendment to the Scheduling Order.

4. As required by Local Civil Rule 83.I.07, Righthaven’s mailing address and phone

number are provided on the Certificate of Service below, and Counsel states that he has advised

Righthaven that a corporation cannot proceed without counsel and that counsel must be admitted

in this District.

5. Counsel further states that he has given Righthaven reasonable notice of

Counsel’s intent to withdraw. The date(s) of the notice(s) are available to the Court upon

request. Counsel has received confirmation of receipt by Righthaven of the notice(s).

6. Finally, Counsel has complied with his duty to consult under Local Civil Rule

7.02 before filing this motion and conferred with opposing counsel. Counsel for Defendant Eiser

consents to this motion -- as indicated by her counsel’s signature below.

WHEREFORE, Edward T. Fenno of Fenno Law Firm, LLC moves for an Order granting

a withdrawal of his appearance as counsel for Righthaven, and providing that he is relieved from

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any further responsibility associated with the representation of Righthaven in this case. Counsel

further requests a stay of any proceedings in this matter for fourteen (14) days after the Court’s

entry of an Order on this motion to allow Righthaven to obtain substitute counsel.

Respectfully submitted,

CHARLESTON, SC FENNO LAW FIRM, LLC

Dated: May 17, 2011

By: s/Edward T. Fenno

Edward T. Fenno, Esq. (ID No. 7498)
171 Church Street, Suite 160
Charleston, SC 29401
Telephone: 843-720-3747
Fascimile: 843-577-0460
E-Mail: efenno@fennolaw.com

Attorney for Plaintiff / Counter-Defendant,

Righthaven LLC

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WE SO CONSENT:

THE KINCANNON FIRM

By: s/J. Todd Kincannon Date: May 17, 2011

J. Todd Kincannon (ID No. 10057)
1329 Richland Street
Columbia, SC 29201
Office: 877-992-6878
Fax: 888-704-2010
Email: Todd@TheKincannonFirm.com

Attorney for Defendant/Counter-Plaintiff,

DANA EISER

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

)
RIGHTHAVEN LLC, ) Case No. 2:10-CV-3075-RMG-JDA
)
Plaintiff and Counter-Defendant, )
)
v. ) CERTIFICATE OF SERVICE
)
DANA EISER, )
)
Defendant and Counter-Plaintiff. )
)

I hereby certify that I served a copy of the foregoing Motion for Withdrawal of
Appearance and to Stay Proceedings and the Proposed Order Granting Counsel’s Motion for
Withdrawal of Appearance and to Stay Proceedings (emailed to Chambers this date with carbon
copies to all counsel of record) on Plaintiff / Counter-Defendant Righthaven LLC by (i)
depositing the same in the United States Mail with sufficient postage on this day addressed as
follows and (ii) sending it by facsimile to the person listed below at the fax number listed below:

Steve Gibson, Esquire

President
Righthaven LLC
Conquistador Business Park
9960 West Cheyenne Avenue, Suite 210
Las Vegas, NV 89129
Ph: (702) 527-5900
Fax: (702) 527-5909

s/Edward T. Fenno
CHARLESTON, SC
Dated: May 17, 2011

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