UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION } } } } } } } } } } } } } } /

Case :-cv-0-kjm-ac Document Filed 0/0/ Page of 0 California State Bar No. Attorney At Law Town Center Boulevard, Suite El Dorado Hills, CA Telephone: -- Facsimile: -- E-Mail: brian@katzbusinesslaw.com Attorney For: MyECheck, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION MYECHECK, Inc., a California corporation, -- vs. -- Plaintiff, SWEETSUN INTERTRADE, INC., TITAN INTERNATIONAL SECURITIES, INC., and Does --, Inclusive, Defendants. / CASE NO. --cv-0-kjm-ac S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF Date: September, Time: 0:00 a.m. Judge: Hon. Kimberly J. Mueller Courtroom: Trial Date: n/a Action Filed: December, Pursuant to Local Rule (d), Brian R. Katz ( Movant ) hereby notifies the parties and the Court of his intent to withdraw as counsel for Plaintiff. Movant states the following grounds for this Motion: -- S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Case :-cv-0-kjm-ac Document Filed 0/0/ Page of 0. On October 0,, Plaintiff and Movant entered into a written Attorney- Client Fee Agreement whereby Plaintiff was required to pay in full all invoices within days of issuance.. Plaintiff currently has $,. in outstanding legal fees in breach of the October 0,, Attorney-Client Fee Agreement; an invoice in this amount was issued to Plaintiff on June,.. Movant contacted Plaintiff on June,, June,, and July,, and advised Plaintff that if payment, or a satisfactory payment arrangement was not made, Movant would file a Motion to Withdraw as counsel.. Plaintiff has not made payment, or responded or attempted to make a payment arrangement. Movant has also telephoned Plaintiff on two occasions and left messages, but still Plaintiff has failed to respond.. Pursuant to Cal R. Prof. Conduct -00(f) and Local Rule Local Rule (d), Plaintiff s breach of an agreement to pay legal fees is grounds for Movant s withdrawal as counsel.. Movant s withdrawal will not cause any prejudice or delay in this case. Movant has performed all necessary services and the only upcoming hearing in the matter is a Status Conference scheduled for September,. -- S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Case :-cv-0-kjm-ac Document Filed 0/0/ Page of 0 THEREFORE, Movant Brian R. Katz respectfully requests that this Court grant him leave to withdraw as counsel in the above-captioned matter, and enter an order stating that Movant has so withdrawn. Dated: August 0, /s/ Brian R. Katz Attorney For Plaintiff: MyECheck, Inc. -- S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Case :-cv-0-kjm-ac Document - Filed 0/0/ Page of 0 California State Bar No. Attorney At Law Town Center Boulevard, Suite El Dorado Hills, CA Telephone: -- Facsimile: -- E-Mail: brian@katzbusinesslaw.com Attorney For: MyECheck, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION MYECHECK, Inc., a California corporation, -- vs. -- Plaintiff, SWEETSUN INTERTRADE, INC., TITAN INTERNATIONAL SECURITIES, INC., and Does --, Inclusive, Defendants. / CASE NO. --cv-0-kjm-ac NOTICE OF S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF Date: September, Time: 0:00 a.m. Judge: Hon. Kimberly J. Mueller Courtroom: Trial Date: n/a Action Filed: December, TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September,, at 0:00 a.m., or as soon thereafter as the matter may be heard before the Honorable Kimberly J. Mueller, United States District Judge, Courtroom, th Floor, of the United States District Court for the Eastern District of California, Sacramento Division, 0 I Street, Sacramento, California, -- NOTICE OF S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Case :-cv-0-kjm-ac Document - Filed 0/0/ Page of 0, Attorney Brian R. Katz, Town Center Blvd., Suite, El Dorado Hills, California,, shall and hereby does respectfully seek leave of this Court, pursuant to Local Rule (d) and in compliance with Cal R. Prof. Conduct -00, to withdraw as counsel for Plaintiff MyECheck, Inc. This Motion will be based on this Motion, the concurrently filed Affidavit of Brian R. Katz in Support of Motion to Withdraw as Counsel, the Court s files and records in this action, and such and further evidence as may be presented at a hearing on this matter. Dated: August 0, /s/ Brian R. Katz Attorney For Plaintiff: MyECheck, Inc. -- NOTICE OF S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Case :-cv-0-kjm-ac Document - Filed 0/0/ Page of 0 California State Bar No. Attorney At Law Town Center Boulevard, Suite El Dorado Hills, CA Telephone: -- Facsimile: -- E-Mail: brian@katzbusinesslaw.com Attorney For: MyECheck, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION MYECHECK, Inc., a California corporation, -- vs. -- Plaintiff, SWEETSUN INTERTRADE, INC., TITAN INTERNATIONAL SECURITIES, INC., and Does --, Inclusive, Defendants. I,, hereby declare: / CASE NO. --cv-0-kjm-ac AFFIDAVIT OF IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF Date: September, Time: 0:00 a.m. Judge: Hon. Kimberly J. Mueller Courtroom: Trial Date: n/a Action Filed: December,. I am over years of age and I am a resident of the State of California.. I am Plaintiff MyECheck s counsel of record in this proceeding. -- AFFIDAVIT OF IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Case :-cv-0-kjm-ac Document - Filed 0/0/ Page of 0. I have personal knowledge of the matters stated herein and, if called to testify, could and would competently testify as follows:. Plaintiff s current address is 0 Investment Blvd., Suite, El Dorado Hills, California, ; I have within the past 0 days received copies of correspondence both by Email and by U.S. Postal Mail, containing this address. This address is also listed on Plaintiff s website.. Plaintiff executed a written Attorney-Client Fee Agreement with me on October 0, ( the Agreement ).. Pursuant to Item of the Agreement, Plaintiff is required to pay in full all invoices within days of issuance.. I issued invoices to Plaintiff on December,, February,, April,, and June,. Plaintiff has not made any payments on these invoices and has not made any payment since December,.. Plaintiff MyECheck is currently delinquent on $,. in legal fees.. On June,, I emailed Ed Starrs, Jim Francher and Christine Cowan at Plaintiff MyECheck asking for payment of my legal fees and advising that I would file a motion to withdraw as counsel if payment, or satisfactory payment arrangements was not made. Plaintiff MyECheck did not respond to my email. 0. On June,, I again emailed Starrs, Francher and Cowan at Plaintiff MyECheck asking for payment of my legal fees and advising that I would file a motion to withdraw as counsel if payment, or satisfactory payment -- AFFIDAVIT OF IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Case :-cv-0-kjm-ac Document - Filed 0/0/ Page of 0 arrangements was not made by June 0,. Plaintiff MyECheck has not responded to my email.. I also attempted to contact Plaintiff MyECheck by telephone on at least two occasions: July,, and July,. Each time I left a message requesting a return telephone call. I did not receive any return telephone call.. I have recently been copied by Email on correspondence between Plaintiff MyECheck and a third party: Three times on August,, once on July,, once on July,, two times on July,, and two times on July,. correspondence by U.S. Mail. I have also received a copy of some of this This, along with a review of Plaintiff MyECheck s website leads me to conclude that Plaintiff MyECheck is still in business at 0 Investment Blvd., Suite, El Dorado Hills, California,. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. California. Executed on August 0,, at El Dorado Hills, /s/ Brian R. Katz -- AFFIDAVIT OF IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Case :-cv-0-kjm-ac Document - Filed 0/0/ Page of 0 CERTIFICATE OF SERVICE I declare that: I am, and was at the time of service of the papers herein referred to, over the age of years, and not a party to this action. My business address is Town Center Blvd, Suite, El Dorado Hills, CA. On August 0,, I served the following documents: () NOTICE OF S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF, () S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF, () AFFIDAVIT OF IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF, () [PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF on the following: MyECheck, Inc. 00 E. Bidwell St. Ste 0 Folsom, CA 0 ed.starrs@myecheck.com jim.fancher@myecheck.com christine.cowan@myecheck.com Sweetsun Intertrade c/o Morgan and Morgan Trust Corp. Whitfield Tower, Third Floor Covey Dr. Belize City, Belize Titan International Securities, Inc. Dean Street Belize City, Belize _XX_ BY MAIL: I placed a true copy in a sealed envelope addressed as indicated above with postage thereon fully prepaid. I am readily familiar with the firm s practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service that same day in the ordinary course of business. _XX_ BY ELECTRONIC MAIL: I transmitted a true copy from brian@katzbusinesslaw.com to the parties at the e-mail address(es) listed. BY CERTIFIED MAIL: I placed a true copy in a sealed envelope addressed as indicated above via certified mail, return receipt requested. BY FACSIMILE: by transmitting via facsimile the document(s) listed above to the fax number set forth above. I verified transmission with a confirmation printed out by the facsimile machine used. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on August 0,, at El Dorado Hills, California. /s/ Marshal Hewitt Marshal Hewitt -- CERTIFICATE OF SERVICE

Case :-cv-0-kjm-ac Document - Filed 0/0/ Page of 0 California State Bar No. Attorney At Law Town Center Boulevard, Suite El Dorado Hills, CA Telephone: -- Facsimile: -- E-Mail: brian@katzbusinesslaw.com Attorney For: MyECheck, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION MYECHECK, Inc., a California corporation, -- vs. -- Plaintiff, SWEETSUN INTERTRADE, INC., TITAN INTERNATIONAL SECURITIES, INC., and Does --, Inclusive, Defendants. / CASE NO. --cv-0-kjm-ac [PROPOSED] ORDER GRANTING MOTION TO WITHDRAW Date: September, Time: 0:00 a.m. Judge: Hon. Kimberly J. Mueller Courtroom: Trial Date: n/a Action Filed: December, Brian R. Katz seeks to withdraw as counsel for Plaintiff in the above-captioned matter pursuant to Local Rule Local Rule (d) and Cal R. Prof. Conduct -00(f). As this Court finds that Attorney Katz has submitted satisfactory reasons for withdrawal, and that granting of his Motion will not cause substantial prejudice or delay to any party, -- [PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

Case :-cv-0-kjm-ac Document - Filed 0/0/ Page of 0 IT IS HEREBY ORDERED that Brian R. Katz s Motion to Withdraw as Counsel for Plaintiff MyECheck, Inc., is GRANTED, and Brian R. Katz is hereby terminated as counsel in this proceeding. Dated: Hon. Kimberly J. Mueller United States District Court -- [PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF