MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR DEFENDANTS 

BOSTON MARKET CORPORATION AND JIGNESH JAY PANDYA AND MOTION 

FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT PAGE | 1

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

BEN E. KEITH COMPANY, 

 Plaintiff, 

v. 

BOSTON MARKET CORPORATION 

AND JIGNESH JAY PANDYA, 

 Defendants.

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Case Number 4:22-cv-00868-O 

MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR DEFENDANTS 

BOSTON MARKET CORPORATION AND JIGNESH JAY PANDYA AND MOTION 

FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S MOTION FOR 

PARTIAL SUMMARY JUDGMENT 

TO THE HONORABLE JUDGE OF SAID COURT: 

COME NOW, Darrell W. Cook, Stephen W. Davis, Ethan M. Herrema, and the law firm 

of COOK KEITH & DAVIS, A PROFESSIONAL CORPORATION and files this their Motion to Withdraw 

as Attorneys of Record for Defendants BOSTON MARKET CORPORATION and JIGNESH JAY 

PANDYA and Motion for Extension of Time to Respond to Plaintiff’s Motion for Partial Summary 

Judgment and in support would show the Court as follows: 

I. 

MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR DEFENDANTS 

BOSTON MARKET CORPORATION AND JIGNESH JAY PANDYA

1. Darrell W. Cook, Stephen W. Davis, Ethan M. Herrema, and the law firm of COOK KEITH 

& DAVIS, P.C., attorneys for Defendants BOSTON MARKET CORPORATION and 

JIGNESH JAY PANDYA request permission to withdraw from representation. 

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MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR DEFENDANTS 

BOSTON MARKET CORPORATION AND JIGNESH JAY PANDYA AND MOTION 

FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT PAGE | 2

2. This motion is based on good cause in that continued representation of Defendants 

BOSTON MARKET CORPORATION and JIGNESH JAY PANDYA in this matter will 

result in undue financial hardship to counsel. The withdrawal is not sought for delay alone. 

3. Defendant BOSTON MARKET CORPORATION may be reached through its registered 

agent, C T Corporation System at 1999 Bryan Street, Suite 900, Dallas, Texas 75201. 

Additionally, Defendant BOSTON MARKET CORPORATION’s mailing address is 

14103 Denver West Parkway, Golden, Colorado 80401. Defendant JIGNESH JAY 

PANDYA may be reached at 14103 Denver West Parkway, Golden, Colorado 80401. A 

copy of this motion will be delivered to Defendants BOSTON MARKET 

CORPORATION and JIGNESH JAY PANDYA, and to all counsel of record. 

4. Defendants BOSTON MARKET CORPORATION and JIGNESH JAY PANDYA have 

been notified of the following deadlines in this matter, and have been provided with a copy 

of the Scheduling Order: 

Deadline to Respond to Plaintiff’s 

Motion for Summary Judgment (Dkt. 

No. 47)

March 30, 2023 

Completion of Discovery (¶ 6) April 14, 2023 

Dispositive Motions (¶ 3) May 15, 2023 

Rebuttal Expert Designation (¶ 4 c.) 30 days after disclosure made by other 

party

Pretrial Disclosures and Objections (¶ 7) August 2, 2023 Objections due 14 days 

thereafter

Expert Objections (¶ 4 d.) August 7, 2023 

Pretrial Materials (pretrial order etc.) (¶ 

8)

August 17, 2023 

Exchange of Exhibits (¶ 9) August 28, 2023 

Pretrial Conference (¶ 11) To be set if necessary 

Trial Date (¶ 1) September 11, 2023 

5. Defendants have also been given notice of their right to object to this withdrawal. 

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MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR DEFENDANTS 

BOSTON MARKET CORPORATION AND JIGNESH JAY PANDYA AND MOTION 

FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT PAGE | 3

6. WHEREFORE, Darrell W. Cook, Stephen W. Davis, Ethan M. Herrema, and the law firm 

of COOK KEITH & DAVIS, A PROFESSIONAL CORPORATION, respectfully request that this 

Court grant this motion permitting it to withdraw from this cause. 

II. 

MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S PARTIAL 

MOTION FOR SUMMARY JUDGMENT

7. Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), Defendants BOSTON MARKET 

CORPORATION and JIGNESH JAY PANDYA respectfully request that the Court extend 

Defendants’ deadline to respond to Plaintiff’s Motion for Partial Summary Judgment [Dkt. 

No. 47]. 

8. Plaintiff filed its Motion for Partial Summary Judgment on March 9, 2023, resulting in a 

deadline of March 30, 2023 for Defendants to respond. 

9. Current Trial Setting: This lawsuit has been set for trial on September 11, 2023. See 

Scheduling Order [Dkt. 8]. 

10. FEDERAL RULE OF CIVIL PROCEDURE 6(b)(1) allows for such an enlargement of time for

good cause, if the request is made before the original time or its extension expires. See FED.

R. CIV. P. 6(b)(1)(A); see also Garcia v. LQ Props., Inc., Civil Action No. 3:16-CV-1646-

L, 2018 U.S. Dist. LEXIS 1074, at *6 (N.D. Tex. 2018). 

11. Plaintiff is aware of the financial hardship continued representation of the Defendants 

would place on the undersigned counsel. Accordingly, counsel for Plaintiff requested an 

extension of the deadline to respond to Plaintiff’s Motion for Partial Summary Judgment 

so that the undersigned counsel would not be forced to incur additional attorney’s fees in 

responding to the Partial Motion for Summary Judgment. However, Plaintiff refused to 

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MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR DEFENDANTS 

BOSTON MARKET CORPORATION AND JIGNESH JAY PANDYA AND MOTION 

FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT PAGE | 4

grant the requested extension of time. 

12. Defendants have demonstrated the requisite good cause hereinabove in that Defendants’ 

attorneys of record have moved to withdraw, and responding to Plaintiff’s Motion for 

Partial Summary Judgment will result in increased undue financial hardship to Defendants’ 

counsel. As such, Defendants request that the Court extend Defendants’ deadline to 

respond to Plaintiff’s Motion for Partial Summary Judgment to twenty-one (21) days after 

an Order Granting Darrell W. Cook, Stephen W. Davis, Ethan M. Herrema, and the law 

firm of COOK KEITH & DAVIS, P.C.’S Motion to Withdraw has been signed to allow 

Defendants to find new counsel and give said new counsel adequate time to respond to 

Plaintiff’s Motion for Partial Summary Judgment. 

III. 

PRAYER 

WHEREFORE, PREMISES CONSIDERED, Darrell W. Cook, Stephen W. Davis, and 

Ethan M. Herrema, and the law firm of COOK KEITH & DAVIS, A PROFESSIONAL CORPORATION, 

respectfully request that this court grant this motion permitting it to withdraw from this cause. 

Additionally, Defendants BOSTON MARKET CORPORATION and JIGNESH JAY PANDYA 

respectfully request that the Court extend Defendants’ deadline to respond to Plaintiff’s Motion 

for Partial Summary Judgment [Dkt. No. 47] to no less than to twenty-one (21) days after an Order 

Granting Darrell W. Cook, Stephen W. Davis, Ethan M. Herrema, and the law firm of COOK KEITH 

& DAVIS, P.C.’S Motion to Withdraw has been signed. Movants further pray for such other and 

further relief, special or general, legal or equitable, to which they may be shown to be justly entitled 

to receive. 

 

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MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR DEFENDANTS 

BOSTON MARKET CORPORATION AND JIGNESH JAY PANDYA AND MOTION 

FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT PAGE | 5

Respectfully submitted, 

COOK KEITH & DAVIS, 

A PROFESSIONAL CORPORATION 

/s/Darrell W. Cook____________________ 

DARRELL W. COOK 

State Bar No. 00787279 

dwcook@cookkeithdavis.com 

STEPHEN W. DAVIS 

State Bar No. 24066792 

stephen@cookkeithdavis.com 

ETHAN M. HERREMA 

State Bar No. 24106088 

ethan@cookkeithdavis.com 

6688 North Central Expressway, Suite 1000 

Dallas, TX 75206 

(214) 368-4686 

(214) 593-5713 – Facsimile 

ATTORNEYS FOR DEFENDANTS 

AGREED: 

___________________________________ 

By: ________________________________, 

Authorized Representative of Defendant

BOSTON MARKET CORPORATION

___________________________________ 

JIGNESH JAY PANDYA, Defendant

 

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MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR DEFENDANTS 

BOSTON MARKET CORPORATION AND JIGNESH JAY PANDYA AND MOTION 

FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT PAGE | 6

CERTIFICATE OF LAST KNOWN MAILING ADDRESS 

I hereby certify that the last known mailing address and phone number for Defendants are 

as follows: 

BOSTON MARKET CORPORATION 

By and through its registered agent: 

C T Corporation System 

1999 Bryan Street, Suite 900, 

Dallas, Texas 75201

JIGNESH JAY PANDYA 

14103 Denver West Parkway 

Golden, CO 80401

 Certified on the 15th day of March, 2023. 

 

/s/ Ethan M. Herrema 

 ____________________________________ 

 ETHAN M. HERREMA

CERTIFICATE OF SERVICE 

This is to certify that on this the 23rd day of March, 2023, I electronically filed the foregoing 

document with the United States District Court for the Northern District of Texas, using the court's 

electronic case filing system. The electronic filing system sent a "Notice of Electronic Filing" to 

all attorneys of record who have consented to accept the Notice of Electronic Filing as service of 

this document by electronic means. 

/s/ Stephen W. Davis ___________ 

STEPHEN W. DAVIS 

 

 

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MOTION TO WITHDRAW AS ATTORNEYS OF RECORD FOR DEFENDANTS 

BOSTON MARKET CORPORATION AND JIGNESH JAY PANDYA AND MOTION 

FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT PAGE | 7

CERTIFICATE OF CONFERENCE 

Counsel for Movant hereby certifies that he contacted counsel for Plaintiff in this matter 

regarding the merits of this motion and counsel for Plaintiff indicated that he is UNOPPOSED to 

the withdrawal of counsel, but OPPOSED to the Defendants’ Motion for Extension of Time in this 

matter. 

 Certified on the 23rd day of March, 2023. 

 /s/ Stephen W. Davis 

 ____________________________________ 

 STEPHEN W. DAVIS 

 

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