Replies to post #122657 on MultiCorp International Inc (MCIC)

[bluetide]

Pl changed lawyers in DE...still has retained lawyers in Ca...they have patents as collateral to stay on case...enter at your own risk...

[altruism]

That was part of the reason Court doc 17


IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
XTEND MEDICAL CORP., a Delaware
corporation,
Plaintiff/
Counterclaim Defendant,
v.
U&I BIO-TECH, INC., a Korean corporation;
U&I BIO-TECH CALIFORNIA, INC., a
California corporation; SANG M. LEE a/k/a
SAM LEE; and IN SOO SHIN a/k/a ERIC
SHIN,
Defendants/
Counterclaim Plaintiffs.
))))))))))))))))
C.A. No. 5478-VCS
MOTION TO WITHDRAW
The law firm of Morris, Nichols, Arsht & Tunnell LLP (“Morris Nichols”) hereby
moves the Court for an Order permitting it to withdraw as counsel for Plaintiff XTend Medical
Corp. (“XTend” or the “Company”) in this action. In support of this motion, Morris Nichols states
as follows:
1. The grounds for this motion are that a dispute has arisen among various
parties as to the composition of the board of directors of XTend and control of the Company. As a
result of this dispute, Morris Nichols does not know from whom to take direction or how to proceed
with this litigation. In addition, Plaintiff has failed substantially to fulfill its obligations regarding
the firm’s services and currently has a significant outstanding balance owed to the firm with no
present ability to satisfy such balance.
2. Morris Nichols will take all steps necessary to the extent reasonably
practicable to protect the interests of the Company. Notice of this motion is being served on all
parties that may have an interest or right to serve on the Board or to control the Company.
2
3. The parties in the litigation recently participated in voluntary mediation and
entered into a settlement agreement. As part that settlement, the Company's affirmative claims in
this case were expressly preserved as an asset of the Company and the Company’s Board was to
determine how the litigation should be resolved. There has been no further action in this case.
Specifically, no discovery has occurred to date, no scheduling order is in place and no motions are
pending in this action.
4. Allowing Morris Nichols to withdraw at this time should not cause an
adverse effect with respect to any interested parties in how to proceed with this action.
For the foregoing reasons, Morris Nichols respectfully requests entry of an order in
the form filed contemporaneously herewith permitting it to withdraw as counsel for Plaintiff.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
______________________________________
David J. Teklits (#3221)
D. McKinley Measley (#5108)
Bradley D. Sorrels (#5233)
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899-1347
[phone]
Attorneys for Plaintiff
November 11, 2010
550021
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
XTEND MEDICAL CORP., a Delaware
corporation,
Plaintiff/
Counterclaim Defendant,
v.
U&I BIO-TECH, INC., a Korean corporation;
U&I BIO-TECH CALIFORNIA, INC., a
California corporation; SANG M. LEE a/k/a
SAM LEE; and IN SOO SHIN a/k/a ERIC
SHIN,
Defendants/
Counterclaim Plaintiffs.
))))))))))))))))
C.A. No. 5478-VCS
ORDER GRANTING WITHDRAWAL
The firm of Morris, Nichols, Arsht & Tunnell LLP (“Morris Nichols”) having filed a
motion to withdraw as counsel for Plaintiff, and the Court having found good cause therefor;
IT IS HEREBY ORDERED this ____ day of ____________, 2010, that:
1. Morris Nichols’ Motion to Withdraw is granted;
2. Morris Nichols’ appearance on behalf of Plaintiff is withdrawn.
Vice Chancellor