Emergency Motion

Case: 09-5080

Document: 1208531

Filed: 09/28/2009

Page: 1

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

GREGORY S. HOLLISTER,

: : Appellant, : vs. : Court of Appeal Case No. : Consolidating No. BARRY SOETORO, et al. : : Appellees. :

09-5080 09-5161

APPELLANT GREG HOLLISTER’S MOTION FOR LEAVE TO WITHDRAW MATERIALS FILED IN HIS APPEAL ON SEPTEMBER 23, 2009, OR, IN THE ALTERNATIVE, FOR THIS COURT TO DISREGARD SUCH MATERIALS AND TO DECLINE TO CONSIDER THEM WITH RESPECT TO HIS OWN APPEAL Appellant Col. Gregory S. Hollister requests leave of this Honorable Court to withdraw certain materials filed in his own appeal (09-5080) on September 23, 2009, specifically, Docket Entry ID 1207877 (a motion for judicial notice) and its supporting materials denominated as Attachments 1-3, Attachment 4, and Attachments 5-6. (See also “Docket Part(s) Added: 2753598, 2753600”.) We apologize to this Court, to the Appellees, and to counsel for their having been filed for Appellant Hollister instead of for Appellant Hemenway alone. They were filed only as a result of a lack of communication with attorney Lawrence J. Joyce who, immediately prior to the filing of these materials, had become responsible for Appellant Hollister’s portion of this appeal; these materials in fact should have been filed only on behalf of John Hemenway himself, the attorney who filed these

Case: 09-5080

Document: 1208531

Filed: 09/28/2009

Page: 2

materials with this Court, for his own, consolidated appeal in this case (09-5161). Appellant Hollister makes no request to withdraw these materials as they pertain to John Hemenway’s appeal of the reprimand issued against him by the District Court in this case. For the aforementioned reasons, Appellant Hollister moves for leave to withdraw these materials from his appeal in this case (09-5080) or, in the alternative, for this Court to disregard such materials and to decline to consider them with respect to his own appeal. Respectfully submitted,

Dated: September 28, 2009

s/ Lawrence J. Joyce _____________________ Lawrence J. Joyce 1517 N. Wilmot Road, Suite 215 Tucson, AZ 85712 D.C. Circuit Bar No. 52501 (520) 584-0236 Attorney for Appellant, Gregory S. Hollister

Case: 09-5080

Document: 1208531

Filed: 09/28/2009

Page: 3

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

GREGORY S. HOLLISTER,

: : Appellant, : vs. : Court of Appeal Case No. : Consolidating No. BARRY SOETORO, et al. : : Appellees. :

09-5080 09-5161

CERTIFICATE OF SERVICE I, Lawrence J. Joyce, Esquire, hereby certify that Appellant, Gregory S. Hollister’s, Motion for Leave to Withdraw certain materials filed Setpember 23, 2009, specifically, Docket Entry ID 1207877 was served via electronic filing this 28th day of September 2009 upon the following: Robert F. Bauer, Esquire PERKINS COIE 607 Fourteenth Street, N.W. Washington, D.C. 20005-2003 [email protected] Attorney for Appellees John D. Hemenway Hemenway & Associates Attorney in pro se 4816 Rodman Street NW Washington, D.C. 20016 [email protected] s/ Lawrence J. Joyce _______________________ Lawrence J. Joyce, Esquire