Motion to Withdraw (HDI)

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APPELLATE DOCKET NO: 03-15-0461-CV

HOPKINS & WILLIAMS, PLLC'S AND M. MATTHEW WILLIAMS'

MOTION TO WITHDRAW AS ATTORNEYS IN CHARGE

TO THE HONORABLE JUDGE OF THIS COURT:

Hopkins & Williams, PLLC and M. Matthew Williams (collectively 

"Attorneys") move this Court to allow their withdrawal 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 ESTATE VENTURES 5 ("CrossAppellant").

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 28, 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.

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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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/25/2015 10:33:01 AM JEFFREY D. KYLE Clerk
Motion 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 appealed the judgment 

against Cross-Appellee 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 

owed to Attorneys, incurred before, during, and after the seven-day trial, and 

thereafter expressly terminated Attorneys' services in this lawsuit effective

immediately.

8. On September 22, 2015, Cross-Appellee HDI informed Attorneys of 

its desire to discharge Attorneys and to have Attorneys withdrawn as the attorneys 

of record in this lawsuit effective immediately. 

B. Argument & Authorities

9. A client may discharge his attorney at any time even without cause, 

and Cross-Appellee HDI, who is insolvent, desires the immediate discharge of its 

Attorneys from this lawsuit and appeal and desires Attorneys' immediate 

withdrawal from this lawsuit and appeal as the lawyers for Cross-Appellee HDI. 

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

agrees to this motion as follows:
Motion to Withdraw (HDI)

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AGREED BY:

HDI Plastics, Inc.,

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. Contemporaneous 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 paragraphs 8 and 9 supra, Cross-Appellee HDI consents

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 HDI'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 HDI 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 postjudgment discovery responses are due on September 23, 2015. Other than these 

discovery 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 conclusion, Cross-Appellee HDI desires that Attorneys withdraw as 

the attorneys of record in this lawsuit and agrees 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. Prayer

15. For these reasons, Hopkins & Williams, PLLC and attorney M. 

Matthew Williams ask the Court 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 submitted,

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-APPELLEE
Motion to Withdraw (HDI)

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CERTIFICATE OF CONFERENCE

I certify that I attempted to confer with Michael Deitch via email on 

Thursday, 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 responded to my inquiry about 

whether or not he opposes the motion.

______________________________

M. Matthew Williams
Motion to Withdraw (HDI)

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CERTIFICATE OF SERVICE

I hereby certify that this HOPKINS & WILLIAMS, PLLC'S AND M. 

MATTHEW WILLIAMS' MOTION TO WITHDRAW AS ATTORNEYS IN 

CHARGE for CAUSE NO. D-1-GN-12-000807 has been forwarded to the 

following persons in the stated manner on the 25th day of September 2015:

Via 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)

Via Certified Mail Return Receipt Requested 

And Regular Mail

HDI Plastics, Inc.

Attn: Kenneth Brimmer

10275 Wayzata Blvd

Minnetonka, MN 55305

M. Matthew Williams
Motion 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. MATTHEW WILLIAMS' MOTION TO WITHDRAW AS 

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 & Williams, PLLC

SUBSCRIBED AND SWORN TO before me by M. Matthew Williams on 

this the 23rd day of September 2015.