Motion to Withdraw (HDI)

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- APPELLATE DOCKET NO: 03

- 15

- 0461

- CV

HOPKINS & WILLI AMS, PLLC 'S AND M. MATTHEW WILLI AMS' MOTION TO WITHDRAW A S ATTORNEYS IN CHARG E

TO THE HONORABLE JUDGE OF THIS COURT: Hopkins & Williams, PLLC and M. Matthew Williams ( collectively "Attorneys") move this C ourt to allow their withdraw al as the attorneys in charge
for Cross

- Appellee , HDI Plastics, Inc

. (" Cross

- Appellee HDI") , who has terminated Attorneys' representation based upon the company's insolvency and inability to pay its current or future attorney's fees

. A. Facts
1. Cross

- Appellant is BROWN REAL EST ATE VENTURES 5 (" Cross

Appellant").
2. Cross

- Appellee HDI is a domestic corporation

. 3. On January 10, 2014, Cross

- Appellant sued Cross

- Appellee HDI for
violations of the Texas Uniform Fraudulent Transfer Act.
4. The Final Judgment in this case was entered on May 2 8, 2015.
5. After two hearings, Cross

- Appellee HDI had the judgment against it reduced by $448,650.00.

BROWN REAL ESTATE VENTURES 5, Cross

- Appellant ,

v . HDI PLASTICS, INC., Cross

- Appellee
. § § § § § § § THIRD DISTRICT

COURT OF APPEALS

AUSTIN , TEXAS ACCEPTED 03-15-00461-CV 7098487 THIRD COURT OF APPEALS

AUSTIN, TEXAS 9/25/2015 10:33:01 AM JEFFREY D. KYLE

CLERKMotion to Withdraw (HDI)

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- 6. Cross Motions to Modify, Correct and Reform the Judgment were
both denied on August 4, 2015, and Cross

- Appellant has appeal ed the judgment against Cross

- App ellee HDI to the Third District Court of Appeals

. 7. On or about August 31, 2015, Cross

- Appellee HDI entirely ceased its
business operations after being unable to pay its employees for approximately two
weeks. President of Cross

- Appellee HDI , Kenneth Brimmer , has confirmed to Attorneys that Cross

- Appellee HDI cannot pay its sizable attorney's fees currently

ow ed to Attorneys , incurred before, during, and after the seven

- day trial, and
thereafter expressly terminated Att orneys' services in this lawsuit effectiv e immediately.
8. On September 22, 2015, Cross

- Appellee HDI informed Attorneys of
its desire to discharge Attorneys and to have Attorneys withdraw n as the attorneys
of record in this lawsuit effective immediately

. B . Argument & Authorities
9. A client may disc harge his attorney at any time even without cause,
and Cross

- Appellee HDI , who is insolvent, desire s the immediate discharg e of its Attorneys from this lawsuit and appeal and desires Attorneys' immediate
withdrawal from this lawsuit and appeal as the lawye rs for Cross

- Appellee HDI

. See Rogers v. Clinton , 794 S.W. 2d 9, 10 n.1 (Texas 1990). Cross

- Appellee HDI
agree s to this motion as follows :Motion to Withdraw (HDI)

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- AGREED BY : HDI Plastics, Inc., STATE OF TEXAS § COUNTY OF TRAVIS §
VERIFICATION
Before me, the undersigned notary, on this day personally appeared Defendant Kenneth
Brimmer, individually, a person whose identity is known to me. After I administered an oath to him, upon his oath he said that he read the DEFENDANT KENNETH BRJMMER'S FIRST
AMENDED ORIGINAL ANSWER, including certain verified pleas made in his individual capacity, and that the facts stated in it are within his personal knowledge and are true and correct.

Kenneth Brimmer

SUBSCRIBED AND SWORN TO before me on this the 29th day of September 2014, by Adam Mosier, an individual.

Kenneth Brimmer's First Amended Original Answer 11 EMILY KATE YURAS My Commission Expires June 19, 2017 By:

__________________________ ______ Kenneth Brimmer, President
10. Contempora neous with the filing of this motion , Attorneys have delivered a copy of this motion to Cross

- Appellee HDI and have notified its President, Kenneth Brimmer, in writing, by both certified and regular mail, of its right to object to the motion.
11. As stated in paragraph s 8 and 9 supra , Cross

- Appellee HDI consent s to this motion

. 12. The last known address of Cross

- Appellee HDI in Taylor, Texas is no longer valid because its business is no longer operating at that or any other location
in the state

. Cross

- Appellee HD I 's President, Kenneth Brimmer, can therefore be
served at his last known business address: 10275 Wayzata Blvd., Minnetonka, MN
55305

. 13. Cross

- Appellee HDI has been served with post

- judgment interrogatories and requests for production, which Cross

- Appellee H DI is unable to answer because of the loss of its employees and loss of access to its books and
records , the location of which is currently unknown to Attorneys . These post

judgment discovery responses are due on September 23, 2015. Other than these
discov ery responses, there are no pending settings or deadlines in this case known to Attorneys at the present time. Cross

- Appellee HDI will likely have appellate deadlines set by the Third District Court of Appeals in the near future.Motion to Withdraw (HDI)

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- C . Conclusion
14. In conclusio n, Cross

- Appellee HDI desire s that Attorneys withdraw as the attorneys of record in this lawsuit and agree s to this motion , and Attorneys seek
to withdraw because Cross

- Appellee HDI is insolvent and cannot pay its current or future attorney's fees.
D . P rayer 15. For these reasons, Hopkins & Williams, PLLC and attorn ey M. Matthew Williams ask the C ourt to grant their motion to immediately withdraw as the attorneys in charge for Cross

- Appellee , HDI Plastics, Inc

. in this lawsuit and on appeal. Respectfully sub mitted, Hopkins & Williams, PLLC 12117 Bee Caves Road, Suite 260 Austin, Texas 78738 (512) 600

- 4320

– Telephone (512) 600

- 4326

– Facsimile

By: M. Matthew Williams Texas State Bar No. 24047115 Mark D. Hopkins Texas State Bar No. 00793975 Glenn A. Brown Texas State Bar No. 00796255
ATTORNEYS FOR CROSS

- APPELLEEMotion to Withdraw (HDI)

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- CERTIFICATE OF CONFERENCE I certify that I attempted to confer with Michael Deitch via email on Thurs day, September 24, 2015 11:04 a.m. regarding HOPKINS & WILLIAMS, PLLC'S AND M. MATTHEW WILLIAMS' MOTION TO WITHDRAW AS ATTORNEYS IN CHARGE , and he has not r esponded to my inquiry about whether or not he oppos e s the motion

.

______________________________ M. Matthew WilliamsMotion to Withdraw (HDI)

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- CERTIFICATE OF SERVICE I hereby certify that this HOPKINS & WILLIAMS, PLLC'S AND M. MATTHEW WILLIAMS' MO TION TO WITHDRAW AS ATTORNEYS IN CHARGE for CAUSE NO. D

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- GN

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- 000807 has been forwarded to the following persons in the stated manner on the 25 th day of September 2015:

V

ia Electronic File Manager Michael Deitch The Deitch Law Offices 800 Rio Grande Austin, TX 78701 512/474

- 1554 512/474

- 1579 (telecopy) mike.d@dhpc

- law.com (e

- mail) brian@dhpc

- law.com (e

- mail)

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ia Certified Mail Return Receipt Requested And Regular Mail HDI Plastics, Inc. Attn: Kenneth Brimmer 10275 Wayzata Blvd Minnetonka, MN 55305

M. Matthew WilliamsMotion to Withdraw (HDI)

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- STATE OF TEXAS § COUNTY OF TRAVIS §
VERIFICATION Before me, the undersigned notary, on this day personally appeared M. Matthew Williams, a person whose identity is known to me. After I administered an oath to him, upon his oath he said that he has read HOPKINS & WILLIAMS,
PLLC'S AND M. MATTHE W WILLIAMS' MOTION TO WITHDRAW A S
ATTORNEYS IN CHARGE and that the facts stated in it are within his personal knowledge and are true and correct.

_____________________________ _______ M. Matthew Williams , for himself and for the firm Hopkins & Wi lliams, PLLC
SUBSCRIBED AND SWORN TO before me by M. Matthew Williams on
this the 23rd day of September 2015

.