On September 25, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Mcintyre, Kevin,
and
Infinity Energy Inc.,
Sunnova Energy Corporation,
for All Other Civil Cases (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
4/5/2024 11:16 AM
Hidalgo County District Clerks
Reviewed By: Rachel Bueno
CAUSE NO. C-3960-23-H
KEVIN MCINTYRE § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
v. § 389TH JUDICIAL DISTRICT
§
SUNNOVA ENERGY CORPORATION
§
AND INFINITY ENERGY INC.
§
§ HIDALGO COUNTY, TEXAS
Defendants.
MOTION TO WITHDRAW AS COUNSEL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Movant, Dawn S. McCord, Attorney of Record for Defendant Infinity
Energy, Inc. (“Infinity”), in the above-styled and numbered cause, and files this Motion to
Withdraw as Counsel in the present cause, and in support thereof, would show the Court as follows.
I.
Faegre Drinker Biddle & Reath LLP (“FDBR”) has served as outside counsel to Infinity
as to certain matters during the last year. Recently, through conversations had between Infinity
and FDBR attorneys, it has become evident that FDBR must terminate its representation of
Infinity, any of its affiliates, and/or any of its employees, and that such termination is permitted
pursuant to Rule 10 of the Texas Rules of Civil Procedure. In reaching this conclusion, FDBR has
reviewed the applicable Texas Disciplinary Rules of Professional Conduct, along with the
applicable Texas Rules of Court, and has provided appropriate notice and opportunity to Infinity
to have new counsel substitute into the matter in lieu of preparing and filing this immediate Motion.
At this time, FDBR is not aware of the name or identity of any new counsel that may be retained
to defend Infinity in this case.
MOTION TO WITHDRAW AS COUNSEL – Page 1
Electronically Filed
4/5/2024 11:16 AM
Hidalgo County District Clerks
Reviewed By: Rachel Bueno
In addition, FDBR has taken all reasonable and appropriate steps possible to minimize any
detriment to Infinity caused by the termination of FDBR’s representation of Infinity.
FDBR acknowledges that the grounds upon which its termination of representation of
Infinity are based rely on confidential attorney-client communication, and thus cannot be
disclosed. That notwithstanding, undersigned counsel would be willing to participate in an in
camera hearing with the Court to answer any questions and/or provide any additional non-
confidential information that this Court may need to evaluate the bases of this Motion.
II.
Movant has notified Infinity of her intent to withdraw. The last known address of
Defendant Infinity is 3825 Atherton Road, Rocklin, California 95764. Pursuant to Rule 10 of the
Texas Rules of Civil Procedure, a copy of this motion will be sent to that address by U.S. Mail and
Certified U.S. Mail. Service of this Motion is accompanied by a letter that notifies Infinity of its
right to object to the withdrawal within ten (10) days of the date that letter is mailed to Infinity’s
last known address. Infinity is hereby notified in writing of its right to object to the Motion. Movant
does not know if Infinity objects or not to this motion; however, Infinity has expressed no objection
to Movant or other FDBR attorneys to date.
III.
There are currently no pending deadlines or hearing dates for this action.
IV.
The granting of this Motion to Withdraw will not jeopardize Infinity’s rights. The requested
withdrawal is not for the purposes of delay. Infinity has had ample opportunity to employ counsel.
MOTION TO WITHDRAW AS COUNSEL – Page 2
Electronically Filed
4/5/2024 11:16 AM
Hidalgo County District Clerks
Reviewed By: Rachel Bueno
WHEREFORE, PREMISES CONSIDERED, Movant prays that this Honorable Court
allow the withdrawal of counsel, and that present counsel be released from further obligation or
duty to Infinity as Attorney of Record.
Respectfully submitted,
FAEGRE DRINKER BIDDLE & REATH LLP
By: /s/ Dawn S. McCord
Dawn S. McCord
Bar No. 24002934
dawn.mccord@faegredrinker.com
1717 Main Street, Suite 5400
Dallas, TX 75201
Telephone: (469) 357 2500
Facsimile: (469) 327 0860
ATTORNEYS FOR DEFENDANT
INFINITY ENERGY INC.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served upon all parties
herein via Tex. R. Civ. P. 21 and 21a on this 5th day of April 2024.
/s/ Dawn S. McCord
Dawn S. McCord
MOTION TO WITHDRAW AS COUNSEL – Page 3
DMS_US.362226909.1
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.
Rachel Pereyda on behalf of Dawn McCord
Bar No. 24002934
rachel.pereyda@faegredrinker.com
Envelope ID: 86341183
Filing Code Description: Motion to Withdraw as Attorney of Record
Filing Description:
Status as of 4/5/2024 11:55 AM CST
Associated Case Party: Kevin McIntyre
Name BarNumber Email TimestampSubmitted Status
ABRAHAM GARCIA LITIGATION@KGSLAWPLLC.COM 4/5/2024 11:16:36 AM SENT
Associated Case Party: Sunnova Energy Corporation
Name BarNumber Email TimestampSubmitted Status
Michael D.Matthews, Jr. matt.matthews@mhllp.com 4/5/2024 11:16:36 AM SENT
Louise Root louise.root@mhllp.com 4/5/2024 11:16:36 AM SENT
Associated Case Party: Infinity Energy Inc.
Name BarNumber Email TimestampSubmitted Status
Dawn S. McCord dawn.mccord@faegredrinker.com 4/5/2024 11:16:36 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Rachel Pereyda rachel.pereyda@faegredrinker.com 4/5/2024 11:16:36 AM SENT
BRANDON AKINARD kgs@kgslawgroup.com 4/5/2024 11:16:36 AM SENT
ABRAHAM GARCIA service@kgslawpllc.com 4/5/2024 11:16:36 AM SENT
Document Filed Date
April 05, 2024
Case Filing Date
September 25, 2023
Category
All Other Civil Cases (OCA)
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Electronically Filed 4/5/2024 11:16 AM Hidalgo County District Clerks Reviewed By: Rachel Bueno CAUSE NO. C-3960-23-H KEVIN MCINTYRE § IN THE DISTRICT COURT OF § Plaintiff, § § v. § 389TH JUDICIAL DISTRICT § SUNNOVA ENERGY CORPORATION § AND INFINITY ENERGY INC. § § HIDALGO COUNTY, TEXAS Defendants. MOTION TO WITHDRAW AS COUNSEL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Movant, Dawn S. McCord, Attorney of Record for Defendant Infinity Energy, Inc. (“Infinity”), in the above-styled and numbered cause, and files this Motion to Withdraw as Counsel in the present cause, and in support thereof, would show the Court as follows. I. Faegre Drinker Biddle & Reath LLP (“FDBR”) has served as outside counsel to Infinity as to certain matters during the last year. Recently, through conversations had between Infinity and FDBR attorneys, it has become evident that FDBR must terminate its representation of Infinity, any of its affiliates, and/or any of its employees, and that such termination is permitted pursuant to Rule 10 of the Texas Rules of Civil Procedure. In reaching this conclusion, FDBR has reviewed the applicable Texas Disciplinary Rules of Professional Conduct, along with the applicable Texas Rules of Court, and has provided appropriate notice and opportunity to Infinity to have new counsel substitute into the matter in lieu of preparing and filing this immediate Motion. At this time, FDBR is not aware of the name or identity of any new counsel that may be retained to defend Infinity in this case. MOTION TO WITHDRAW AS COUNSEL – Page 1 Electronically Filed 4/5/2024 11:16 AM Hidalgo County District Clerks Reviewed By: Rachel Bueno In addition, FDBR has taken all reasonable and appropriate steps possible to minimize any detriment to Infinity caused by the termination of FDBR’s representation of Infinity. FDBR acknowledges that the grounds upon which its termination of representation of Infinity are based rely on confidential attorney-client communication, and thus cannot be disclosed. That notwithstanding, undersigned counsel would be willing to participate in an in camera hearing with the Court to answer any questions and/or provide any additional non- confidential information that this Court may need to evaluate the bases of this Motion. II. Movant has notified Infinity of her intent to withdraw. The last known address of Defendant Infinity is 3825 Atherton Road, Rocklin, California 95764. Pursuant to Rule 10 of the Texas Rules of Civil Procedure, a copy of this motion will be sent to that address by U.S. Mail and Certified U.S. Mail. Service of this Motion is accompanied by a letter that notifies Infinity of its right to object to the withdrawal within ten (10) days of the date that letter is mailed to Infinity’s last known address. Infinity is hereby notified in writing of its right to object to the Motion. Movant does not know if Infinity objects or not to this motion; however, Infinity has expressed no objection to Movant or other FDBR attorneys to date. III. There are currently no pending deadlines or hearing dates for this action. IV. The granting of this Motion to Withdraw will not jeopardize Infinity’s rights. The requested withdrawal is not for the purposes of delay. Infinity has had ample opportunity to employ counsel. MOTION TO WITHDRAW AS COUNSEL – Page 2 Electronically Filed 4/5/2024 11:16 AM Hidalgo County District Clerks Reviewed By: Rachel Bueno WHEREFORE, PREMISES CONSIDERED, Movant prays that this Honorable Court allow the withdrawal of counsel, and that present counsel be released from further obligation or duty to Infinity as Attorney of Record. Respectfully submitted, FAEGRE DRINKER BIDDLE & REATH LLP By: /s/ Dawn S. McCord Dawn S. McCord Bar No. 24002934 dawn.mccord@faegredrinker.com 1717 Main Street, Suite 5400 Dallas, TX 75201 Telephone: (469) 357 2500 Facsimile: (469) 327 0860 ATTORNEYS FOR DEFENDANT INFINITY ENERGY INC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served upon all parties herein via Tex. R. Civ. P. 21 and 21a on this 5th day of April 2024. /s/ Dawn S. McCord Dawn S. McCord MOTION TO WITHDRAW AS COUNSEL – Page 3 DMS_US.362226909.1 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. Rachel Pereyda on behalf of Dawn McCord Bar No. 24002934 rachel.pereyda@faegredrinker.com Envelope ID: 86341183 Filing Code Description: Motion to Withdraw as Attorney of Record Filing Description: Status as of 4/5/2024 11:55 AM CST Associated Case Party: Kevin McIntyre Name BarNumber Email TimestampSubmitted Status ABRAHAM GARCIA LITIGATION@KGSLAWPLLC.COM 4/5/2024 11:16:36 AM SENT Associated Case Party: Sunnova Energy Corporation Name BarNumber Email TimestampSubmitted Status Michael D.Matthews, Jr. matt.matthews@mhllp.com 4/5/2024 11:16:36 AM SENT Louise Root louise.root@mhllp.com 4/5/2024 11:16:36 AM SENT Associated Case Party: Infinity Energy Inc. Name BarNumber Email TimestampSubmitted Status Dawn S. McCord dawn.mccord@faegredrinker.com 4/5/2024 11:16:36 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Rachel Pereyda rachel.pereyda@faegredrinker.com 4/5/2024 11:16:36 AM SENT BRANDON AKINARD kgs@kgslawgroup.com 4/5/2024 11:16:36 AM SENT ABRAHAM GARCIA service@kgslawpllc.com 4/5/2024 11:16:36 AM SENT