2 Lawyers Seek to Quit Representing eTreppid Plaintiff

Two lawyers have asked a federal judge to let them withdraw from representing a software developer who has accused Gov. Jim Gibbons of improperly steering military contracts to a Reno-based company.

Attorneys Michael Flynn and Carla DiMare of Rancho Santa Fe, Calif., filed documents seeking to quit representing Dennis Montgomery, who is suing eTreppid Technologies LLC for copyright infringement.

"Mr. Montgomery and his family trust have 'breached an obligation for the payment of fees,"' and Montgomery "has engaged in conduct that has made continued representation unreasonably difficult," Flynn and DiMare wrote in separate applications filed Monday in federal court in Reno.

Flynn and DiMare declined to comment Tuesday on the request to withdraw from the case, which Montgomery filed against eTreppid and
its owner, Warren Trepp, in January 2006. U.S. District Court Judge
Philip Pro has yet to rule on their requests.

Montgomery also is represented by Reno-based attorneys Ronald
Logar and Eric Pulver, who did not immediately respond Tuesday to
messages seeking comment.

Gibbons spokeswoman Melissa Subbotin told the Las Vegas Review-Journal the moves cast "serious doubts" on Montgomery's credibility, and said the case would prove Gibbons' innocence.

A computer expert alleged in court papers filed June 22 that Montgomery fabricated an e-mail message suggesting Gibbons was
being paid by eTreppid, a company for which Gibbons helped secure
federal defense contracts.

The e-mail, saying, "We need to take care of him like we discussed," was reported to have been sent from eTreppid Vice President Len Glogauer to Trepp, the company's founder, in 2003.

Flynn said Tuesday that while he could not comment about the motions to withdraw, there was more to the decision than e-mails. He said he could not be more specific.

Montgomery and Trepp are suing each other over ownership of secret software used in "black budget" military work. The "black budget" includes military appropriations that are not made public. The software is video compression technology that lets the military review video taken of battlefield images and search for people or objects.

The copyright infringement case has spawned a federal investigation of whether Gibbons, while serving in Congress, accepted gifts and money in exchange for awarding military contracts to eTreppid.

Montgomery made most of the accusations against Gibbons, including that he accepted a briefcase with $100,000 from Trepp.

Montgomery, through Flynn, has also accused the governor of asking former U.S. Attorney Dan Bogden to initiate a raid on Montgomery's house and storage units.

Bogden denied being involved in the raid, in which FBI agents confiscated computer equipment.

A federal magistrate later ruled the March 2006 raid was unconstitutional.

(Copyright 2007 by The Associated Press. All Rights Reserved.)