*On February 25,2002, Mr Colvin submitted his billing statement for January of 2002*, which included past arrearages, in the amount of of eleven thousand seven hundred thirteen dollars and ninety eight cents ($11,713.98). During the week of February 2002, Mr Colvin again spoke to Mr. Price concerning the failure to pay, and again, was promised that payment would be coming forthwith. (Mr. Colvin underwent shoulder-replacement surgery on March 4, 2002, and except for briefly coming in to sign papers was out of his office until March 18, 2002.)
On or about March 12, 2002, Mr. Colvin again spoke with Mr. Price about the bill. Then and there, Mr. Price promised that he would wire full payment-id est, eleven thousand seven hundred thirteen dollars and ninety eight cents $11,713.98)-to Mr. Colvin that day. Again no money was forthcoming.
On March 13 and 14, 2002, Mr.Colvin telephoned Mr. Pice, and on both occasions was told that Mr. Price was unavailable but would return the telephone call at or around the hour of nine o'clock in the morning (9:00 a.m.)on March 18, 2002. Mr. Colvin telephoned Mr. Price and was told that Mr. price was in conference but would return the telephone call. That afternoon at or around the hour of three thirty o'clock in the afternoon (3:30 p.m.) after not receiving a return call from Mr. Price, a letter was sent to hem via facsimile transmission, informing plaintiffs that Messrs. Colvin and Morrison would move to withdraw their representation unless Mr. Colvin's bill was paid by five o'clock in the afternoon (5:00 p.m.) on March 19, 2002.
Mr. Colvin mailed his billing statement for fees / costs incurred in the month of February, 2002, on March 20, 2002. As of that date, defendants were indebted to Messrs' Colvin and Morrison in a sum in excess of seventeen thousand five hundred dollars ($17,500.00). Additional billings have not been sent to plaintiffs. nevertheless, as of todays date, they owe the attorneys well in excess of twenty thousand dollars $20,000.00)
On March 19,2002, Messrs' Colvin and Morrison held a conference call with Larry Regis, Chairman of the Board of Directors for Medinah Minerals, and informed him of their intent to move to withdraw their representation. Mr. Regis said he would call Mr. Price to determine if the matter could be resolved. Subsequently, plaintiffs told counsel that they had secured several million dollars of additional financing and that once the funding was received, they would pay the bill for legal services in full.
Over the last several months, plaintiffs have made numerous promises of payment. On July 25, 2002 Mr. Colvin wrote plaintiffs asking that they stipulate to allow Messrs' Colvin and morrison to withdraw. once again, plaintiffs stated that they expected to receive funding within days and that they would pay their bill. As of todays date, counsel have neither received payment nor been contacted by plaintiffs. |
