COMMONWEALTH OF MASSACHUSETTS TRIAL COURT HAMPSHIRE, ss. SUPERIOR COURT DEPARTMENT CIVIL ACTION No.

09-074 ALAN SCHEINMAN, DAVID R. PESUIT, NORTHAMPTON PROPERTIES, INC., NORTHAMPTON INVESTMENTS, LLC, NORTHAMPTON INVESTMENTS II, LLC, 298 MAIN STREET, LLC, ES 86 PLEASANT STREET, LLC, ES 21 CENTER STREET, LLC, BIAPITA, LLC, and SUHER PROPERTIES, LLC, Plaintiffs v. CITY OF NORTHAMPTON and NORTHAMPTON BUSINESS IMPROVEMENT DISTRICT, INC., Defendants EMERGENCY MOTION OF COUNSEL FOR PLAINTIFF FOR LEAVE TO WITHDRAWAND TO STAY ACTION 1The undersigned, Alan Seewald, counsel for the plaintiffs in the above-referenced action hereby moves for leave to withdraw as counsel for the plaintiffs in this action and to stay this action pending the appearance of successor counsel. As reason for this motion, counsel states as follows: 1. I am an attorney duly licensed to practice in the Commonwealth of Massachusetts

since December 1985, with offices located in Amherst, Massachusetts. 2. Since I began practicing law in 1985, my practice has included the representation

of both municipalities and private parties with regard to issues of municipal law. From 1988 through 2007, I served the Town of Amherst as its Assistant Town Counsel or Town Counsel. In Page 1

addition, I have represented several other municipalities and other governmental entities either as counsel or as special counsel, including the Town of Westminster, City of Northampton, City of Boston, Amherst-Pelham Regional School District, Hampshire Regional School District, and Bondsville Fire and Water District, among others. 4. In the instant litigation, the plaintiffs seek judicial review of the procedures by

which the City Council of the City of Northampton authorized the organization of the Northampton Business Improvement District in accordance with G.L. c. 40O. 5. The undersigned has been offered, and upon withdrawal from this litigation,

intends to accept, appointment as City Solicitor of the City of Northampton. 6. In accordance with C-48 of the Northampton Charter, [t]he City Solicitor of the

City of Northampton shall be appointed by the Mayor, without confirmation by the City Council or either branch thereof, in the month of January following his election. 7. M.G.L. c. 268A, 17 (c) states as follows: No municipal employee shall, otherwise than in the proper discharge of his official duties, act as agent or attorney for anyone other than the city or town or municipal agency in prosecuting any claim against the same city or town, or as agent or attorney for anyone in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest. 8. Thus, in order to accept appointment to the position of City Solicitor in the month

of January, 2012, as required by the Northampton Charter, and in compliance with the requirements of 17, counsel for the plaintiffs must withdraw from the instant litigation. 9. Upon withdrawal from this litigation, the undersigned counsel will not participate

or otherwise act as attorney or agent for the City with regard to this litigation, and the current City Solicitor, who has appeared as counsel for the City, will continue her representation of the Citys interests in this matter. Page 2

10.

In order to avoid any prejudice to the plaintiffs during the period of time in which

they are unrepresented in this matter, counsel further moves to stay this action for a reasonable period of time in order for the plaintiffs to retain successor counsel. 11. Given the time constraint for appointment of City Solicitor, I am making this

motion on an emergency basis. WHEREFORE, the undersigned, Alan Seewald, attorney for the plaintiffs in the abovereferenced matter, hereby moves to withdraw as counsel for the plaintiffs and to stay this action for a period of time to allow the plaintiffs to retain successor counsel. Dated: December 28, 2011 Plaintiffs, ALAN SCHEINMAN, DAVID R. PESUIT, NORTHAMPTON PROPERTIES INC., NORTHAMPTON INVESTMENTS, LLC, NORTHAMPTON INVESTMENTS, II LLC, 298 MAIN STREET LLC, ES 86 PLEASANT STREET, LLC, ES 21 CENTER STREET, LLC, BIAPITA, LLC, and SUHER PROPERTIES, LLC, By Their Attorneys

Alan Seewald, BBO No. 546790 SEEWALD, JANKOWSKI & SPENCER, P.C. Five East Pleasant Street Amherst, Massachusetts 01002 Telephone: (413) 549-0041 Facsimile: (413) 549-3818 Email: AS@SJSAmherst.com Certificate of Service The undersigned, Alan Seewald, hereby certifies that on December 28, 2011, the within motion was served on all parties in interest as follows: Page 3

By Email and Federal Express: Alan Scheinman 150 Fairfield Avenue Holyoke, MA 01040 David R. Pesuit 16 Armory Street Northampton, MA 01060 Northampton Properties Inc., Northampton Investments, LLC, Northampton Investments, II LLC, 298 Main Street LLC, ES 86 Pleasant Street, LLC, ES 21 Center Street, LLC, Biapita, LLC, and Suher Properties, LLC 47 Jackson Street P.O. Box 771 Holyoke, MA 01041 By First Class Mail: Harry L. Miles, Esq. Michael Pill, Esq. Green, Miles, Lipton & Fitz-Gibbon, LLP 177 Pleasant Street P.O. Box 210 Northampton, MA 01061 Elaine M. Reall, Esq. 120 Hampton Avenue, Suite 160 Northampton, MA 01060 Signed under the pains and penalties of perjury on this 28th day of December, 2011.

Alan Seewald, BBO # 546790

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