Plaintiffs’ Unopposed Motion for Leave Regarding Local Counsel Pg 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

KEN PAXTON, in his official capacity as 

Attorney General of Texas, DAVID 

SCHNITZ, TRACY MARTIN, and FLOICE 

ALLEN

Plaintiffs,

v.

MARVIN RICHARDSON, in his official 

capacity as Acting Director, Bureau of 

Alcohol, Tobacco, Firearms, and 

Explosives

Defendant.

Civil Action No. 4:22-cv-00143-P

Plaintiffs’ Unopposed Motion for Leave to Proceed Without Local Counsel

Comes Now Plaintiffs David Schnitz, Tracy Martin, and Floice Allen and file this

unopposed motion for leave to proceed without local counsel pursuant to L.R. 83.10.

Plaintiffs’ counsel has conferred with counsel for Plaintiff Ken Paxton as well as for 

Defendant Marvin Richardson. Paxton and Richardson are unopposed to the grant of this motion.

The Texas Attorney General’s office is lead counsel in this matter and is exempt from L.R. 

83.10 under L.R. 83.11. However, L.R. 83.11 states that “an attorney appearing on behalf of . . . 

the Attorney General of the State of Texas . . . shall be exempt.” Accordingly, L.R. 83.10 appears 

on its face to apply to counsel for Plaintiffs Schnitz, Martin, and Allen, regardless of the exemption 

for counsel for Paxton.

Counsel for Plaintiffs Schnitz, Martin, and Allen maintains his principal office in 

Williamson County, Texas, located two hours and forty minutes from the Court. Plaintiffs’ counsel 

will travel to Fort Worth as necessary to attend hearings and other local matters. Any local counsel 

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Plaintiffs’ Unopposed Motion for Leave Regarding Local Counsel Pg 2 of 3

recruited to the case would likely be superfluous as Plaintiffs’ counsel intends to be present for 

any hearing or other proceeding in this case. Plaintiffs’ counsel has represented clients in the 

Northern District and is familiar with the Local Rules.

Counsel for Plaintiffs Schnitz, Martin, and Allen is participating in this matter on a probono basis. If leave is not granted, Plaintiffs will need to recruit additional counsel willing to 

participate in this matter on a pro-bono basis.

Accordingly, Plaintiffs Schnitz, Martin, and Allen move for leave pursuant to L.R. 83.10

in order to proceed without local counsel. If this Motion is denied, Plaintiffs request up to 14 days 

following denial of the motion in order to locate and secure local counsel who is willing to 

participate on Plaintiff’s behalf in this matter on a pro bono basis.

Respectfully submitted,

The Law Offices of Tony McDonald

By: /s/ Tony McDonald 

Tony McDonald

State Bar No. 24083477

1501 Leander Dr., Suite B-2

Leander, TX 78641

(512) 200-3608 (office)

(512) 923–6893 (mobile)

(815) 550–1292 (fax)

tony@tonymcdonald.com

Counsel for Plaintiffs Schnitz, Martin, and 

Allen

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Plaintiffs’ Unopposed Motion for Leave Regarding Local Counsel Pg 3 of 3

Certificate of Conference

On February 28, 2022, I conferred with counsel for Plaintiff Ken Paxton and with counsel 

for Defendant Marvin Richardson over email who stated that Paxton and Defendant do not oppose 

this motion.

/s/ Tony K McDonald

Tony K McDonald

Counsel for Plaintiffs Schnitz, Martin, and 

Allen

Certificate of Service

I certify that on February 28, 2022, I electronically submitted the forgoing document with 

the Clerk of the Court for the U.S. District Court for the Northern District of Texas, using the 

CM/ECF system of the Court. The electronic case filing system sent “Notice of Electronic Filing” 

to individuals who have consented in writing to accept this notice of service by electronic means. 

February 28, 2022

/s/ Tony K McDonald

Tony K McDonald

Counsel for Plaintiffs Schnitz, Martin, and 

Allen

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