UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION AT LONDON CASE NO. 6:12-CV-00091-HAI NEW LONDON TOBACCO MARKET, INC. FIVEMILE ENERGY, INC. VS. PLAINTIFFS MOTION TO WITHDRAW AS COUNSEL KENTUCKY FUEL CORPORATION and JAMES C. JUSTICE COMPANIES, INC. DEFENDANTS ************** Comes the undersigned counsel for the Defendants and respectfully moves this Court for the entry of an Order allowing him and his firm to withdraw as counsel in this matter. In support of this motion, undersigned counsel states that he has been unable to obtain documents and information from his client necessary to properly and adequately prepare and provide a defense to the Defendants in this matter. Additionally, the Defendants have failed to pay counsel for recent legal services in this matter and have failed to make arrangements to bring the account current. WHEREFORE, counsel prays as follows: 1. That an Order be issued allowing undersigned counsel to withdraw as counsel for the Defendants. 2. That the Defendants be granted thirty days in which to obtain substitute counsel. 3. For all other proper relief. Respectfully submitted, /s/ Billy R. Shelton__________________ BILLY R. SHELTON Jones, Walters, Turner & Shelton, PLLC 151 N. Eagle Creek Drive, Ste. 310 Lexington, KY 40509 (859) 294-6868 (859) 294-6866 Facsimile CERTIFICATE OF SERVICE I hereby certify that on this 24th day of June, 2013, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notice of filing to all counsel of record who are certified for electronic filing. Hon. Scott M. Webster Jensen, Cessna, Benge & Webster 303 South Main Street London, KY 40741 scottwebster@windstream.net Hon. John A. Lucas Wagner, Myers & Sanger P.C. 800 S. Gay Street 1801 First Tennessee Plaza P.O. Box 1308 Knoxville, TN 37901-1308 jlucas@wmspc.com Hon. W. Edward Shipe Wagner, Myers & Sanger P.C. 800 S. Gay Street 1801 First Tennessee Plaza P.O. Box 1308 Knoxville, TN 37901-1308 eshipe@wmspc.com 2 And mailed postage prepaid and sent via e-mail to the following: Kentucky Fuel Corporation c/o The Justice Corporation ATTN: Hon. A.J. Dudley 302 South Jefferson Street, Suite 400 Roanoke, VA 24011 aj.dudley@justicecorporation.com /s/ Billy R. Shelton_____________ BILLY R. SHELTON 3