Motion for Leave to Withdraw as Counsel — United States v. David Staveley (Dkt. 32, D.R.I. No. 1:20-cr-00074)

Summary

Motion for leave to withdraw as counsel, filed 01/06/21 as Document 32 in United States v. David Staveley, a/k/a Kurt Sanborn, No. 20-CR-074-MSM in the U.S. District Court for the District of Rhode Island. Attorney Mark L. Josephs, admitted pro hac vice, asks to withdraw because he is closing his solo Massachusetts practice by the end of January 2021 to take an in-house counsel position. He also states that Staveley has not paid, and cannot pay, for his services, and that he has contacted the Federal Defender's office. An attached certification says Josephs told Staveley of the motion in person at the Wyatt Detention Facility on January 6, 2021.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF RHODE ISLAND 
  
UNITED STATES OF AMERICA  
 
: 
 
 
 
 
 
 
 
: 
 
 
 
v. 
 
 
 
 
: 
No. 20-CR-074-MSM  
 
 
 
 
 
 
 
: 
DAVID STAVELEY,  
 
 
 
: 
 
  a/k/a Kurt Sanborn,  
 
 
 
: 
 
 
Defendant. 
 
 
 
: 
 
 
 
 
 
  
 
 MOTION FOR LEAVE TO WITHDRAW AS COUNSEL   
 
 
Attorney Mark L. Josephs respectfully submits this Motion for Leave to Withdraw as 
Counsel for Defendant David Staveley.  Undersigned counsel has represented Mr. Staveley in 
this matter as defense counsel after being admitted pro hac vice for purposes of this 
representation.  
 
Mr. Josephs requests that he be allowed to withdraw for two reasons.  First, Mr. Josephs 
will be closing his solo Massachusetts practice by the end of January 2021 because he has 
accepted an offer to serve as in-house counsel in a private company.  Second, Mr. Staveley has 
not paid, and cannot pay, for Mr. Josephs’s services.  Mr. Josephs has been in touch with the 
Federal Defender’s office about Mr. Staveley, as he will require an Assistant Federal Defender or 
a CJA attorney. 
 
For the foregoing reasons, undersigned counsel respectfully requests that this Motion for 
Leave be granted, and undersigned counsel be permitted to withdraw his appearance in this 
action.  The affidavit and certification required by Local Rule Gen 206 are attached. 
 
 
 
 
 
 
 
Respectfully submitted, 
 
Dated:  January 6, 2021 
 
 
 
Case 1:20-cr-00074-MSM-LDA   Document 32   Filed 01/06/21   Page 1 of 5 PageID #: 150

 
2
 
 
 
 
 
 
 
 
 
 
 
 
/s/ Mark L. Josephs 
 
 
 
 
 
 
 
 
Mark L. Josephs 
 
 
 
 
 
 
 
MA Bar No. 568454 
 
 
 
 
 
 
 
Law Office of Mark L. Josephs LLC 
 
 
 
 
 
 
 
100 Cambridge Street, 14th Floor 
 
 
 
 
 
 
 
Boston, MA  02114 
 
 
 
 
 
 
 
(202) 904-4736 
 
 
 
 
 
 
 
mark.josephs@markljosephslaw.com 
 
Case 1:20-cr-00074-MSM-LDA   Document 32   Filed 01/06/21   Page 2 of 5 PageID #: 151

 
3
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF RHODE ISLAND 
  
UNITED STATES OF AMERICA  
 
: 
 
 
 
 
 
 
 
: 
 
 
 
v. 
 
 
 
 
: 
No. 20-CR-074-MSM  
 
 
 
 
 
 
 
: 
DAVID STAVELEY,  
 
 
 
: 
 
  a/k/a Kurt Sanborn,  
 
 
 
: 
 
 
Defendant. 
 
 
 
: 
 
 
 
 
 
  
 
AFFIDAVIT IN SUPPORT OF MOTION FOR LEAVE TO WITHDRAW AS COUNSEL 
 
 
1. 
My name is Mark Josephs.  I am 55 years old, and I am defense counsel to 
Defendant David Staveley in this action.   
 
2. 
I am admitted to the Massachusetts, Illinois, and District of Columbia Bars.  My 
Massachusetts Bar Number is 568454. 
 
3. 
Mr. Staveley is not in the military service of the United States as defined in the 
Servicemembers Civil Relief Act of 2003 (50 U.S.C. §§ 3901-4043), as amended. 
 
Signed this 6th day of January, under the pains and penalties of perjury. 
 
 
 
 
 
 
 
 
/s/ Mark L. Josephs 
 
 
 
 
 
 
 
 
Mark L. Josephs 
 
 
 
 
Case 1:20-cr-00074-MSM-LDA   Document 32   Filed 01/06/21   Page 3 of 5 PageID #: 152

 
4
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF RHODE ISLAND 
  
UNITED STATES OF AMERICA  
 
: 
 
 
 
 
 
 
 
: 
 
 
 
v. 
 
 
 
 
: 
No. 20-CR-074-MSM  
 
 
 
 
 
 
 
: 
DAVID STAVELEY,  
 
 
 
: 
 
  a/k/a Kurt Sanborn,  
 
 
 
: 
 
 
Defendant. 
 
 
 
: 
 
 
 
 
 
  
 
CERTIFICATION OF MARK JOSEPHS IN SUPPORT OF  
MOTION FOR LEAVE TO WITHDRAW AS COUNSEL 
 
 
1. 
I, Mark Josephs, hereby certify that I notified my client, Defendant David 
Staveley, in person at the Wyatt Detention Facility on January 6, 2021, of my intent to file a 
Motion to withdraw as counsel. 
 
 
2. 
I made him aware that he could object to this Motion and that substitution of 
counsel will not be considered as grounds for delaying the trial or any other matter scheduled in 
this case.  
 
 
 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
 
 
 
 
 
/s/ Mark L. Josephs 
 
 
 
 
 
 
 
 
Mark L. Josephs 
 
 
Case 1:20-cr-00074-MSM-LDA   Document 32   Filed 01/06/21   Page 4 of 5 PageID #: 153

 
5
 
 
 
 CERTIFICATE OF SERVICE 
 
I hereby certify that this document filed through the ECF system will be sent 
electronically to the registered participants as identified on the Notice of Electronic Filing (NEF), 
and paper copies will be sent to anyone indicated as a non-registered participant on January 6, 
2021. 
 
 
 
 
 
 
 
 
/s/ Mark L. Josephs 
 
 
 
 
 
Mark L. Josephs 
 
 
  
 
 
 
 
 
Case 1:20-cr-00074-MSM-LDA   Document 32   Filed 01/06/21   Page 5 of 5 PageID #: 154

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