MOTION FOR WITHDRAWAL OF COUNSEL- Page 1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

 

 

ROBERT “BOB” ROSS AND 

EUGENIO VARGAS 

 

Plaintiffs/Counterclaim Defendants, 

 

v. 

 

ASSOCIATION OF PROFESSIONAL 

FLIGHT ATTENDANTS, et al., 

 

Defendants/Counterclaim 

Plaintiffs. 

 

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Civil Action No. 4:22-cv-343-Y 

 

Consolidated with 

Civil Action No. 4:22-cv-430-Y 

 

 Judge Terry R. Means 

MOTION AND BRIEF IN SUPPORT FOR MANDATORY WITHDRAWAL OF 

COUNSEL AND EXTEND PLAINTIFFS’ DEADLINE TO FILE AMENDED 

RESPONSE 

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Kerri Phillips, attorney of record for Plaintiffs, in accordance 

with Local Rules 5.1, 7.1, 7.2, 53.1 and 83.12, and brings this Motion for Withdrawal 

of Counsel. Kerri Phillips requests the Court issue and order complying with Tex. R. 

Disc. Prof’l Cond. 1.15(a)(1), which requires a mandatory, rather than permissive, 

withdrawal as counsel of record for Plaintiffs and in support thereof would show the 

Court: 

I. Arguments and Authorities 

 

Good cause exists for a mandatory withdrawal of Kerri Phillips as counsel of 

record for Plaintiffs in that circumstances have developed that make it impossible for 

her legal representation to continue. Facts have recently come to Counsel’s attention 

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MOTION FOR WITHDRAWAL OF COUNSEL- Page 2 

that create a conflict of interest. 

The Tex. R. Disc. Prof’l Cond. 1.15(a)(1) states that “a lawyer shall decline to 

represent a client or where representation has commenced, shall withdraw. . . from 

the representation of a client, if (1) the representation will result in violation of. . . 

other applicable rules of professional conduct or law.” (emphasis added) (Tex. R. Disc. 

Prof’l Cond. 1.15(a)(1)). A mandatory withdrawal as counsel in this matter is 

required as continued representation would violate the Tex. R. Disc. Prof’l Cond. 

1.06(b)(2) which prevents a lawyer from the representation of that person if it 

“reasonably appears to be or become adversely limited by the lawyers or law firm's 

responsibilities to another client or to a third person or by the lawyers or law firm's 

own interests.” (Tex. R. Disc. Prof’l Cond. 1.06(b)(2)). 

II. Facts 

On or about August of 2024, facts came to light related to Mr. Ross that gave 

rise to a conflict of interest in the case pending before this Court. (App. p. 2, Aff. of 

Kerri Phillips, ¶4). Counsel is unable to disclose those facts that gave rise to such 

conflict as a possible breach of the clients’ confidentiality could cause substantial 

harm to her clients and a subsequent violation of the Texas Rules of Professional 

Conduct. (Tex. R. Disc. Prof’l Cond. § 4.04). However, those facts that give rise to a 

conflict substantially interfere with Counsel’s ability to pursue claims or defenses on 

behalf of either client’s best interest on those matters pending before this Court. (App. 

p. 2, Aff. of Kerri Phillips, ¶5).

Additionally, Plaintiffs’ Counsel consulted with the State Bar of Texas Ethics

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MOTION FOR WITHDRAWAL OF COUNSEL- Page 3 

Counsel who advised that, under the current facts at issue creating the conflict, the 

undersigned counsel’s withdrawal is mandatory (Tex. R. Disc. Prof’l Cond. 1.15(a)(1). 

(App. p. 2, Aff. of Kerri Phillips, ¶ 5).

It is submitted that withdrawal can be accomplished without material adverse 

effects in the interests of the clients as there is no trial setting in the case at present. 

To that end, Plaintiffs move the Court for a 30-day extension to its deadline to file an 

Amended Response to Defendants Motion for Summary Judgment to afford Plaintiffs 

a fair opportunity to retain successor counsel and meet the deadline set out by this 

Court. Mr. Ross has consulted with other counsel on the matters related to this case, 

however the undersigned counsel has not been informed as to whether substitute 

counsel has been retained. (App. p. 2, Aff. of Kerri Phillips, ¶ 6).

II. 

 

Defendants have advised the undersigned counsel that they are not opposed to 

this motion. A request was made seeking Plaintiffs agreement or opposition to the 

current Motion to Withdraw in compliance with L.R.7.1(a). Plaintiff, Ross, opposes

the filing of this Motion to Withdraw. Plaintiff, Vargas opposes the filing of this 

Motion to Withdraw.

This motion is filed as a mandatory withdrawal due to the conflict of interest 

and inability to communicate with clients which makes continued legal 

representation an impossibility as evidenced by the Affidavit of Kerri Phillips 

attached hereto and marked as the appendix to this Motion. 

A copy of this motion has been delivered to the Plaintiffs, who are hereby 

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MOTION FOR WITHDRAWAL OF COUNSEL- Page 4 

notified of their right to object to this motion. Plaintiffs have informed Counsel that 

they have consulted with possible substitute counsel; however, the undersigned 

counsel has not been informed that substitute counsel has been formally engaged at 

this time. (App. p. 2, Aff. of Kerri Phillips, ¶ 7). Therefore, the undersigned counsel 

reasserts her request on Plaintiffs’ behalf for a thirty-day extension to file an 

Amended Response to the Motion for Summary Judgment, as successor counsel is 

unknown at this time, however this extension would provide Plaintiffs the required

time to formally engage successor counsel and meet the Court’s deadline. 

The last known address of Plaintiff, Robert “Bob” Ross is 4701 Hayloft Ct. El 

Dorado Hills, California 95762, contact telephone number is (916) 284-2402, and 

email address is 1rross@comcast.net. The last known address of Plaintiff, Eugenio 

Vargas, is 1616 Brookhaven Cir, Bedford, Texas 76022, telephone number is (401) 

952-7126, and email address is medellin3@hotmail.com. 

 

 

III. NOTICE TO CLIENT 

 

 

 THE C'URRENT DEADLINE TO FILE AN AMENDED RESPONSE TO 

DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT IS DUE ON SEPTEMBER 

30, 2024. THE UNDERSIGNED COUNSEL SEEKS A 30-DAY EXTENTION ON 

PLAINTIFFS’ DEADLINE TO FILE AN AMENDED RESPONSE TO 

DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT IF ITS MOTION TO 

WITHDRAW IS GRANTED WHICH IMPOSES A NEW DEADLINE OF OCTOBER 

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MOTION FOR WITHDRAWAL OF COUNSEL- Page 5 

31, 2024. 

 An extension to the deadline set by the court to file an Amended Response to 

Defendants’ Motion for Summary Judgment provides Plaintiffs a fair opportunity to

formally retain successor counsel. 

 

IV. 

 

 Therefore WHEREFORE, PREMISES CONSIDERED, Kerri Phillips, prays 

that the Court enter an Order discharging her as attorney of record for Defendant. 

Respectfully submitted,

K.D. PHILLIPS LAW FIRM, PLLC

 

 

By: /s/ Kerri Phillips 

Kerri Phillips

Texas Bar No. 24065906

Email: kerri@KDphillipslaw.com

6010 W. Spring Creek Parkway

Plano, Texas 75024

Phone: (972) 327-5800

Fax: (940) 400-0089

For Service of Filings: 

notice@KDphillipslaw.com

 

 

ATTORNEY FOR PLAINTIFFS

 

CERTIFICATE OF CONFERENCE 

 

The Defendants’ counsel have advised the undersigned that the Defendants 

are unopposed to this motion. Despite the mandatory requirement to withdraw as 

counsel, Plaintiffs opposes the filing of this Motion to Withdraw. 

 

___/s/Kerri Phillips 

Kerri Phillips

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MOTION FOR WITHDRAWAL OF COUNSEL- Page 6 

CERTIFICATE OF SERVICE

I hereby certify that a copy of the above motion was sent to Defendants’ counsel 

via email, in accordance with the Texas Rules of Civil Procedure on September 17, 

2024. A copy of this motion was also sent to the Plaintiffs, Robert “Bob” Ross and 

Eugenio Vargas at their last known address via First Class and Certified U.S. mail

on September 17, 2024. 

 /s/Kerri Phillips

Kerri Phillips 

Jeffrey Bartos

Guerrieri, Bartos, & Roma, P.C. 

1900 M Street, NW, Suite 700

Washington, DC 20036

Tel: (202) 624-7400; Fax: (202) 624-7420

Email: jbartos@geclaw.com

Charlette Matts

In-House Counsel for APFA

1004 West Euless Blvd

Euless, TX 76040

Tel: (682) 301-8454

Cmatts@apfa.org

James Sanford

4803 Gaston Avenue

Dallas, TX 75249-1020

Tel: (214) 800-5111; Fax: (214) 838-0001

Email jim@gillespiesanford.com

Email: 

joe@gillespiesanford.com

Michael Rake

PO Box 1556 

Lake Dallas, TX 75065-1556

Tel: (940) 498-2103 Fax: (940) 498-2103

Email: mrake1@mrakeattorney.com

 

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MOTION FOR WITHDRAWAL OF COUNSEL- Page 7 

Robert (Bob) Ross, Plaintiff

4701 Hayloft Ct. 

 El Dorado Hills, California 95762

 Tel: (916) 284-2402

 Email address: 1rross@comcast.net 

 Eugenio Vargas, Plaintiff

 1616 Brookhaven Circle 

 Bedford, Texas 76022

 Tel: (401) 952-7126

 Email address: medellin3@hotmail.com 

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