Court filing

Motion to Withdraw as Counsel — United States v. Baver (Dkt. 56, D. Utah)

Summary

A Motion to Withdraw as Counsel in United States of America v. Allison Marie Baver and Allison Baver Entertainment, LLC, Case No. 2:21-cr-00520, in the U.S. District Court for the District of Utah, filed November 4, 2022. R. Blake Hamilton and Scott F. Garrett of Dentons Durham Jones Pinegar, P.C. move to withdraw for both defendants under DUCrimR 57-12 and DUCivR 83-1.4. The motion states that the FBI seized $9,536,720.95 from bank accounts owned by Allison Baver Entertainment on or around October 9, 2020, and that superseding indictments followed on June 29, 2022 and October 19, 2022. It states that no engagement agreement exists with the company, that communications have broken down, and that Baver has failed or refused to perform under her engagement agreement.

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Filed November 4, 2022 in Allison Marie Baver; one of 66 filings from this case.

Record facts

Court	U.S. District Court for the District of Utah
Filed	2022-11-04
Date source	Court docket (no file stamp on the filing)

Cite this document

“Motion to Withdraw as Counsel — United States v. Baver (Dkt. 56, D. Utah).” U.S. District Court for the District of Utah, No. 2:21-cr-00520, Doc. 56, filed 2022-11-04. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-allison-marie-baver-utd-129379/2022-11-04-gov-uscourts-utd-129379-56-0-doc-56/, SHA-256 7e8d59f83aadf246826c30fea6de4555f2dff28309b314ed368d0b5e4d181f36.

Full text

Scott F. Garrett (8687)
DENTONS DURHAM JONES PINEGAR P.C.
192 East 200 North, Third Floor
St. George, Utah 84770
Telephone: (435) 674-0400
Facsimile: (453) 628-1610
scott.garrett@dentons.com

R. Blake Hamilton (11395)
DENTONS DURHAM JONES PINEGAR P.C.
111 S. Main Street, Suite 2400
Salt Lake City, UT 84111
Telephone: (801) 415-3000
Facsimile: (801) 415-3500
blake.hamilton@dentons.com

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH

UNITED STATES OF AMERICA,
MOTION TO WITHDRAW AS
Plaintiff, COUNSEL

v. Case No. 2:21-cr-00520

ALLISON MARIE BAVER, and Judge Jill N. Parrish
ALLISON BAVER ENTERTAINMENT,
LLC,

Defendants.

In accordance with Rule DUCrimR 57-12 and DUCivR 83-1.4, R. Blake Hamilton and

Scott F. Garrett of the law firm Dentons Durham Jones Pinegar, P.C. (collectively, “Counsel”),

hereby submit this Motion to Withdraw as Counsel (“Motion”) for Defendants Allison Baver

(“Baver”) and Allison Baver Entertainment, LLC (“ABE”). Counsel on the one hand, and ABE

or Baver on the other hand, are herein sometimes collectively referred to as “Parties.”

SLC_1090927.1

STATEMENT OF FACTS

1. On or around October 9, 2020, the FBI, pursuant to seizure warrants, seized

$9,536,720.95 from various bank accounts owned by ABE.

2. On or around December 15, 2021, Allison Baver (“Baver”) was charged in a nine-

count Indictment, which was followed by a superseding indictment and second superseding

indictment on June 29, 2022 and October 19, 2022, respectively.

3. Counsel entered into an engagement agreement with Allison Baver on or around

January 14, 2022 in connection with criminal and grand jury proceedings against Baver.

4. There is no engagement agreement between Counsel and ABE.

5. In August of 2022, Counsel prepared an engagement agreement for ABE, but despite

continually requesting that Baver sign the engagement agreement, Baver has failed or refused to

sign.

6. In recent months, communications between the Parties have broken down, and Baver

has increasingly refused to follow the advice of counsel.

7. Finally, Baver has failed or refused to perform according to the engagement

agreement, including the compensatory obligations contained therein.

ARGUMENT

Withdrawal will cause Baver and ABE to be left without representation. Consequently, this

Motion is filed in accordance with DUCivR 83-1.4(c)(1)(A).

i. The last known contact information of the moving attorneys’ client is

Allison Baver
6219 Saunter Lane
Taylorsville, Utah 84123
allison@allisonbaver.com

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SLC_1090927.1

A LLISON B AVER E NTERTAINMENT ,
LLC
℅ LegalINC Corporate Services Inc.
651 N. Broad St. Ste. 201
Middletown, Delaware 19709

ii. Reasons for Withdraw:

(1) Despite Counsel’s continual attempts over the preceding three months to have

Baver sign a separate engagement agreement for ABE in connection with this criminal case

and forfeiture action, Baver has refused to do so. Consequently, no engagement agreement

exists between Counsel and ABE.

(2) In recent months, communications between the Parties have broken down, and

Baver has increasingly chosen to ignore the advice of counsel. Fundamentally, trust

between the Parties has deteriorated, which is untenable for the interests of all involved.

(3) Finally, Baver has failed or refused to perform according to the engagement

agreement, including the compensatory obligations contained therein. Consequently,

Counsel can no longer continue a representative capacity.

iii. Baver and ABE are on notice that if the Motion is granted and no Notice of

Substitution of Counsel has been filed, then Baver and ABE must take care that a Notice of

Appearance is filed within 21 days after entry of the order, unless otherwise ordered by the court.

iv. ABE is on notice that, pursuant to DUCivR 83-1.3, 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

v. Counsel certifies that this Motion was sent to all parties.

In accordance with DUCivR 83-1.4(d)(2), Counsel:

(1) Certifies that Baver and ABE have been served with a copy of this Motion.

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SLC_1090927.1

(2) The status of this case, including dates and times of any scheduled court

proceedings, requirements under any existing court orders, and any possibility of sanctions

are as follows:

The Motion to Dismiss filed by Ms. Baver and ABE has been briefed and fully argued (oral
arguments was held on November 1, 2022). The matter was taken under advisement and a
written order will be issued. Therefore, there are no outstanding Motions or matters.

The final pretrial conference in this matter is scheduled for Tuesday, January 24,
2023 at 2 p.m. via Zoom. Counsel who will try the case must attend.

This case is set for a five-day jury trial to begin on Monday, February 6, 2023 at
8:30 a.m. in Room 8.200. The attorneys are expected to appear in court at 8:00
a.m. on the first day of trial for a brief pre-trial meeting.

There is presently no request or proposal for sanctions against Defendants.

CONCLUSION

For the foregoing reasons, Counsel respectfully requests that it be granted leave to withdraw

as counsel. A proposed Order granting this Motion is filed concurrently herewith.

DATED this 4th day of November, 2022.

DENTONS DURHAM JONES PINEGAR P.C.

/s/ R. Blake Hamilton
R. Blake Hamilton
Scott F. Garrett

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SLC_1090927.1

CERTIFICATE OF SERVICE

I certify that on November 4, 2022, I served a copy of the foregoing via electronic Court

filing upon the following people (except where indicated otherwise below).

Cy Castle Allison Baver
Assistant U.S. Attorney 6219 Saunter Lane
111 S. Main St., Ste. 1800 Taylorsville, Utah 84123
Salt Lake City, UT 84111 allison@allisonbaver.com
cy.castle@usdoj.gov

Trina A. Higgins A LLISON B AVER E NTERTAINMENT ,
Aaron B. Clark LLC
Jennifer K. Muyskens ℅ LegalINC Corporate Services Inc.
651 N. Broad St. Ste. 201
Office of the United States Attorney Middletown, Delaware 19709
111 S. Main St., Ste. 1800
Salt Lake City, Utah 84111
jennifer.muyskens@usdoj.gov
aaron.clark@usdoj.gov

/s/ Melani Thatcher
Paralegal

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SLC_1090927.1

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SHA-256: 7e8d59f83aadf246826c30fea6de4555f2dff28309b314ed368d0b5e4d181f36
Our copy: gov.uscourts.utd.129379.56.0.pdf
Original: archive.org