I know it's hard for some to believe because MW neither updated the shareholders on FarceBook or filed the required 8K. But, it's true ... every word and syllable.
IFUS no longer has an attorney to defend it in the RICO case. That is strictly MW's own fault. he didn't pay the guy (Serafini, esq). He owes him many, many 10s of thousands of dollars.
Remember all that bizarre, fantastical nonsense on the board about MW paying the attorney out of the income from sales of bales & bags of bagasse. Not an ounce of truth to it. Of course, those of us in the know, knew it could not be true. But, a few newbies swallowed the bait. Sad, but true. In truth, there never were any sales ... not one bag and not one bale.
Anyway, here is what the motion has to say:
ENERGY SUPREME, LLC, Plaintiff, vs. SUPREME ENERGY RESOURCES, INC., et al. Defendants. ________________________________/ MOTION FOR WITHDRAWAL OF COUNSEL Pursuant to Local Rule 7.1, counsel for Defendants Supreme Energy Resources, Inc., Impact Fusion International, Inc., and Marc Walther (“Defendants”) respectfully moves this Court for an order granting the following:
1) allowing him leave to withdraw from further representation in this matter and 2) staying all proceedings and deadlines for a period of 30 days to allow the Defendants the opportunity to obtain replacement counsel and as grounds states the following: I. Background Plaintiff filed the complaint in this matter on January 6, 2015. [DE 1] Counsel was initially retained by Supreme Energy and Impact Fusion on February 9, 2015. [DE 12 and 13] On June 5, 2015, Walther retained the undersigned to also represent him in this case. [DE 47] On June 26, 2015, Supreme Energy and Impact Fusion filed a motion to amend pleadings to allow the filing of a counterclaim and third party complaint. [DE 49] On June 29, 2015, the Court granted the motion to allow the counterclaim and third party claim [DE 50] Case 0:15-cv-60034-UU Document 75 Entered on FLSD Docket 09/17/2015 Page 1 of 4
2) The counter defendant filed a motion to dismiss the counterclaim on July 20, 2015. [DE 59] On July 29, 2015, the third party defendants filed a motion to dismiss the third party complaint. [DE 60] The Court granted these motions in part and denied them in part in its Onmibus Order of September 9, 2015. [DE 70] On September 15, 2015, in accordance with the Court’s Omnibus Order counsel filed an amended counterclaim and third party complaint on behalf of Supreme Energy. [DE 71 and DE 74] The Court entered its scheduling order on May 15, 2015. [DE 32] Pursuant to that order, the following deadlines are in effect: 1) discovery cut off – November 20, 2015; 2) filing of motions other than in limine – December 18, 2015; 3) motions in limine – January 8, 2016; and 4) pretrial stipulations, jury instructions, and proposed findings of fact and conclusions of law – January 15, 2016. The pretrial conference is scheduled for February 5, 2016. Calendar call is set for February 17, 2016, and the trial is set for the two week calendar commencing on February 22, 2016. The Court has entered a mediation conference order. [DE 68] The mediation conference is scheduled for October 2, 2015. Counsel for the Defendants has expended significant amounts of time in the representation of the Defendants. Moreover, counsel has absorbed a number of expenses in the representation. The Defendants have a large outstanding balance owing for their legal fees and incurred expenses. Moreover, the mediator in the upcoming conference has advised that counsel for the parties and not the parties bear responsibility for his fees and costs. The outstanding fees and costs and the upcoming costs and amount of work necessary make continuing representation economically untenable for undersigned counsel. Thus, counsel requests an order from the Court Case 0:15-cv-60034-UU Document 75 Entered on FLSD Docket 09/17/2015 Page 2 of 4
3) granting him leave to withdraw from the representation and staying the proceedings and deadlines for 30 days. This motion is made in good faith and not for the purpose of delay. No prejudice would result to any party as a result of the granting of this motion. Pursuant to Local Rule 7.1(a)(3), counsel for the Defendants certifies that he has contacted counsel for Plaintiff Energy Supreme. As of the filing of this motion, counsel for Energy Supreme has failed to advise the undersigned of their position on the motion. Moreover, Defendant Marc Walther, who is also the corporate representative for Defendants Supreme Energy and Impact Fusion, has been advised of this motion. II. Conclusion For the above reasons, counsel for the Defendants respectfully requests the Court grant this motion and enter an order 1) allowing counsel to withdraw from representation and 2) staying the case for a period 30 days and continuing all deadlines and scheduled events for 30 days to allow the Defendants to obtain replacement counsel. Respectfully submitted, /s/ Richard A. Serafini Richard A. Serafini, Esq. Florida Bar No. 0972037 Counsel for Supreme Energy Resource, Inc. Counsel for Impact Fusion International, Inc. Counsel for Marc Walther Serafini Law Office, LLC One Financial Plaza 100 SE Third Avenue, Suite 2510 Fort Lauderdale, FL 33394 Telephone: (754) 223-4718 Facsimile: (800) 535-9913 Email: ras@rserafinilaw.com Case 0:15-cv-60034-UU Document 75 Entered on FLSD Docket 09/17/2015 Page 3 of 4
4) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed electronically via CM/ECF this 16 th day of September 2015. /s/ Richard A. Serafini Richard A. Serafini, Esq.
