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Counsel in Cell Tower Dispute Seeks Leave to Withdraw After Termination by Defendant

Counsel for defendant Thomas Branham in a cell tower breach of contract lawsuit against STC Two and Global Signal filed a motion for leave to withdraw as Branham’s counsel of record, said a Friday filing (docket 2:23-cv-00764) in U.S. District…

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Court for Southern Ohio in Columbus. Branham’s attorney, Charley Hess, seeks leave to withdraw as the defendant’s attorney because Branham terminated the representation. The oral termination occurred Friday during a meeting at the cell tower site in Columbus with Branham, Hess and Bruce Moore, one of plaintiffs’ attorneys, said the filing. Branham owns the property in Columbus where a cellsite has been operating for decades under a 1998 Sprint PCS site agreement that was amended in 2013. Under the lease, STC Two and Global Signal are authorized to maintain, operate and sublease the cell tower and related equipment at the site, said their May memorandum of law in support of their motion to dismiss Branham’s counterclaims. Plaintiffs filed their complaint after Branham “repeatedly and brazenly obstructed and/or prevented altogether” STC Two’s access to the cellsite in “blatant violation” of the lease.” In response to the lawsuit, Branham filed his answer and counterclaims, admitting he obstructed STC Two's access to the cellsite, said the motion. Branham “curiously asserted claims” against STC Two for trespass, preliminary and injunctive relief and breach of contract, and he installed a padlock on the gate of the metal fenced enclosure leading to the cellsite, said plaintiffs’ motion. In late May (see 2305240031), the parties said they were close to reaching a settlement, and an order from U.S. District Judge James Graham for Southern Ohio in Columbus stayed all deadlines in the case. In his Friday filing, Hess said there's no trial data set for the case, and motions for a restraining order/ injunction and to dismiss Branham’s counterclaim are pending.