Drew A. Richards, attorney for former Sprint Cup car owner John Cohen, filed a motion to withdraw on Monday because Cohen and XXXtreme Motorsports have “failed to fully compensate” for services rendered and failed to provide a retainer to cover fees and expenses in preparing the case.
NBC Sports sought a comment from Cohen but has not received a response.
U.S. Magistrate Judge David C. Keesler denied Richards’ motion Tuesday.
Cohen is being sued in federal court by former Swan Racing car owner Brandon Davis for failure to pay $200,000 for the points of Swan Racing’s No. 30 car based on an April 2014 agreement cited in the complaint.
The complaint notes that Cohen’s XXXtreme Motorsports fielded the No. 30 car for one race and transferred the points to the No. 44 car after that.
The No. 44 car made the 2015 Daytona 500 with Reed Sorenson as the driver. Sorenson finished 32nd with the team collecting $314,228 in winnings. The car was to have run the following week at Atlanta but it was stolen in a hotel parking lot. The team withdrew from that race. The car was later recovered and the team tried to make three more races but failed to do so.