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FILED
11/29/2023 11:42 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Rosa Delacerda DEPUTY
CAUSE NO. DC-22-05311
§
BNM VENTURES, LLC, § IN THE DISTRICT COURT OF
Plaintiff §
§
v. § 116th JUDICIAL DISTRICT
§
§
ALFONSO NORIA, Individually, §
WATERWHEEL ACQUISITIONS, §
LLC and WADE KRICKEN, §
Defendants § DALLAS COUNTY, TEXAS
AGREED MOTION TO WITHDRAW
AS COUNSEL OF RECORD FOR PLAINTIFF
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Movants, DALE H. HENLEY, J. SCOTT DILBECK and VICE HENLEY &
DILBECK, PLLC, Attorney of Record for the Plaintiff, BNM Ventures LLC, in the above styled
and numbered cause, who would file this Motion to Withdraw as counsel in the present cause, and
for same would show unto the Court as follows:
I.
Movants have ethical considerations and client-relationship issues that prevent Movants
and their firm’s further representation of the Plaintiff. These considerations and issues reduce or
eliminate the ability of Movants and Movants’ firm to provide adequate representation to the
Plaintiff within ethical bounds and renders an ongoing attorney-client relationship impossible. In
addition, via email, Plaintiff has advised Movants that Plaintiff wants nothing further to do with
Movants or Movants’ firm, which Movants and Movants’ firm consider to be a termination of the
attorney-client relationship. Accordingly, Movants lack the authority to prosecute this lawsuit and
good cause exists for Movants to withdraw from representing Plaintiff in the above cause number.
Agreed Motion to Withdraw as Counsel of Record for Plaintiff Page 1 of 3
II.
Movants have notified the Plaintiff of the intent to withdraw as counsel of record in this
cause and has notified Plaintiff of its opportunity and right to object to this Motion. Plaintiff does
not object to or oppose this Motion.
The last known address of Michael White, the Plaintiff’s authorized representative, is
14397 County Road 2804, Eustace, Texas 75124, Tel No. 214-418-8598, E-Mail:
michae1@r4uventures.com. A copy of this motion is being sent to Michael White, Plaintiffs
authorized representative, at the above last known address, as well as via email.
III.
The settings and deadlines, including discovery deadlines, in this case are as follows:
Trial Date -February l9, 2024.
IV.
The granting of this Motion to Withdraw will not jeopardize the rights of the Plaintiff.
The requested withdrawal is not for the purposes of delay, as Plaintiff has terminated Movant’s
services, and will have ample opportunity to employ counsel, as significant time exists before the
current trial setting.
V.
WHEREFORE, PREMISES CONSIDERED, Movants pray that this Honorable Court
allow the withdrawal of counsel and that Movants and Movants’ firm be released from filrther
obligation or duty to the Plaintiff as Attorney of Record.
Respectfully submitted:
VICE HENLEY & DILBECK, PLLC
By: /s/ Dale H. Henley
DALE H. HENLEY
State Bar No. 24048148
dhenley@vicehenleylaw.com
Agreed Motion to Withdraw as Counsel of Record for Plaintiff Page 2 of 3
J. Scott Dilbeck
State Bar No.24091 123
sdilbeck@vicehenleylaw.com
5368 State Hwy. 276
Royse City, Texas 75189
(469) 402-0450
(469) 402-0461 (Fax)
CERTIFICATE OF CONFERENCE
Counsel for Plaintiff has conferred with Defendant, Wade Kricken and certifies that this
Motion is not opposed by this Defendant. Counsel for Plaintiff has conferred with Defendants,
Alfoso Noria and Waterwheel Acquisitions, LLC and certifies that this Motion is not opposed by
these Defendants.
/s/ Dale H. Henlfl
Dale H. Henley, Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been forwarded
to the following counsel of record, on this 29th day of November, 2023:
Wade Cricken V_ia E-Service at wadflkrickenlgwfirmfiam
Alfonso Noria Via E—service at aln 0ria@texanm0dem.c0m
3010 LBJ Freeway, Suite 1200 Via First Class Mail and
Dallas, Texas 75234 Via Certified Mail
Waterwheel Acquisitions, LLC Via E—Service at aln oriaaih‘exanmodem. com
3010 LBJ Freeway, Suite 1200 Via First Class Mail and
Dallas, Texas 75234 Via Certified Mail
BNM Ventures, LLC Via email: michael@r4uventares. com
Attn: Michael White Via First Class Mail and
14397 County Road 2804 Via Certified Mail
Eustace, Texas 75124
/s/ Dale H. Henlgz
Dale H. Henley, Attorney for Plaintiff
Agreed Motion to Withdraw as Counsel of Record for Plaintiff Page 3 of 3
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 82049247
Filing Code Description: Motion - Withdraw Attorney
Filing Description:
Status as of 11/29/2023 1:42 PM CST
Associated Case Party: BNM VENTURES, LLC
Name BarNumber Email TimestampSubmitted Status
Lizzeth Flores lflores@vicehenleylaw.com 11/29/2023 11:42:43 AM SENT
J. Scott Dilbeck sdilbeck@vicehenleylaw.com 11/29/2023 11:42:43 AM SENT
Associated Case Party: WATERWHEEL ACQUISITIONS, LLC
Name BarNumber Email TimestampSubmitted Status
Alfonso Noria alnoria@texanmodern.com 11/29/2023 11:42:43 AM SENT
Associated Case Party: WADE KRICKEN
Name BarNumber Email TimestampSubmitted Status
Wade Kricken wade@krickenlawfirm.com 11/29/2023 11:42:43 AM SENT
Associated Case Party: ALFONSO NORIA
Name BarNumber Email TimestampSubmitted Status
Alfonso Noria alnoria@texanmodern.com 11/29/2023 11:42:43 AM SENT
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FILED 11/29/2023 11:42 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Rosa Delacerda DEPUTY CAUSE NO. DC-22-05311 § BNM VENTURES, LLC, § IN THE DISTRICT COURT OF Plaintiff § § v. § 116th JUDICIAL DISTRICT § § ALFONSO NORIA, Individually, § WATERWHEEL ACQUISITIONS, § LLC and WADE KRICKEN, § Defendants § DALLAS COUNTY, TEXAS AGREED MOTION TO WITHDRAW AS COUNSEL OF RECORD FOR PLAINTIFF TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Movants, DALE H. HENLEY, J. SCOTT DILBECK and VICE HENLEY & DILBECK, PLLC, Attorney of Record for the Plaintiff, BNM Ventures LLC, in the above styled and numbered cause, who would file this Motion to Withdraw as counsel in the present cause, and for same would show unto the Court as follows: I. Movants have ethical considerations and client-relationship issues that prevent Movants and their firm’s further representation of the Plaintiff. These considerations and issues reduce or eliminate the ability of Movants and Movants’ firm to provide adequate representation to the Plaintiff within ethical bounds and renders an ongoing attorney-client relationship impossible. In addition, via email, Plaintiff has advised Movants that Plaintiff wants nothing further to do with Movants or Movants’ firm, which Movants and Movants’ firm consider to be a termination of the attorney-client relationship. Accordingly, Movants lack the authority to prosecute this lawsuit and good cause exists for Movants to withdraw from representing Plaintiff in the above cause number. Agreed Motion to Withdraw as Counsel of Record for Plaintiff Page 1 of 3 II. Movants have notified the Plaintiff of the intent to withdraw as counsel of record in this cause and has notified Plaintiff of its opportunity and right to object to this Motion. Plaintiff does not object to or oppose this Motion. The last known address of Michael White, the Plaintiff’s authorized representative, is 14397 County Road 2804, Eustace, Texas 75124, Tel No. 214-418-8598, E-Mail: michae1@r4uventures.com. A copy of this motion is being sent to Michael White, Plaintiffs authorized representative, at the above last known address, as well as via email. III. The settings and deadlines, including discovery deadlines, in this case are as follows: Trial Date -February l9, 2024. IV. The granting of this Motion to Withdraw will not jeopardize the rights of the Plaintiff. The requested withdrawal is not for the purposes of delay, as Plaintiff has terminated Movant’s services, and will have ample opportunity to employ counsel, as significant time exists before the current trial setting. V. WHEREFORE, PREMISES CONSIDERED, Movants pray that this Honorable Court allow the withdrawal of counsel and that Movants and Movants’ firm be released from filrther obligation or duty to the Plaintiff as Attorney of Record. Respectfully submitted: VICE HENLEY & DILBECK, PLLC By: /s/ Dale H. Henley DALE H. HENLEY State Bar No. 24048148 dhenley@vicehenleylaw.com Agreed Motion to Withdraw as Counsel of Record for Plaintiff Page 2 of 3 J. Scott Dilbeck State Bar No.24091 123 sdilbeck@vicehenleylaw.com 5368 State Hwy. 276 Royse City, Texas 75189 (469) 402-0450 (469) 402-0461 (Fax) CERTIFICATE OF CONFERENCE Counsel for Plaintiff has conferred with Defendant, Wade Kricken and certifies that this Motion is not opposed by this Defendant. Counsel for Plaintiff has conferred with Defendants, Alfoso Noria and Waterwheel Acquisitions, LLC and certifies that this Motion is not opposed by these Defendants. /s/ Dale H. Henlfl Dale H. Henley, Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been forwarded to the following counsel of record, on this 29th day of November, 2023: Wade Cricken V_ia E-Service at wadflkrickenlgwfirmfiam Alfonso Noria Via E—service at aln 0ria@texanm0dem.c0m 3010 LBJ Freeway, Suite 1200 Via First Class Mail and Dallas, Texas 75234 Via Certified Mail Waterwheel Acquisitions, LLC Via E—Service at aln oriaaih‘exanmodem. com 3010 LBJ Freeway, Suite 1200 Via First Class Mail and Dallas, Texas 75234 Via Certified Mail BNM Ventures, LLC Via email: michael@r4uventares. com Attn: Michael White Via First Class Mail and 14397 County Road 2804 Via Certified Mail Eustace, Texas 75124 /s/ Dale H. Henlgz Dale H. Henley, Attorney for Plaintiff Agreed Motion to Withdraw as Counsel of Record for Plaintiff Page 3 of 3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 82049247 Filing Code Description: Motion - Withdraw Attorney Filing Description: Status as of 11/29/2023 1:42 PM CST Associated Case Party: BNM VENTURES, LLC Name BarNumber Email TimestampSubmitted Status Lizzeth Flores lflores@vicehenleylaw.com 11/29/2023 11:42:43 AM SENT J. Scott Dilbeck sdilbeck@vicehenleylaw.com 11/29/2023 11:42:43 AM SENT Associated Case Party: WATERWHEEL ACQUISITIONS, LLC Name BarNumber Email TimestampSubmitted Status Alfonso Noria alnoria@texanmodern.com 11/29/2023 11:42:43 AM SENT Associated Case Party: WADE KRICKEN Name BarNumber Email TimestampSubmitted Status Wade Kricken wade@krickenlawfirm.com 11/29/2023 11:42:43 AM SENT Associated Case Party: ALFONSO NORIA Name BarNumber Email TimestampSubmitted Status Alfonso Noria alnoria@texanmodern.com 11/29/2023 11:42:43 AM SENT