Preview
9/21/2015 11:28:56 AM
Velva L. Price
District Clerk
Travis County
NO. D-1-GN-14-005419 D--GN-14-005419
Jonathan Sanders
OPSMD, INC., § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
v. § TRAVIS COUNTY, TEXAS
§
MEDIGAIN, LLC, and §
GREG HACKNEY, §
§
Defendants. § 98th JUDICIAL DISTRICT
MOTION TO WITHDRAW AS COUNSEL
LYNN TILLOTSON PINKER & Cox, LLP and Christopher J. Schwegmann (collectively
“Lynn Tillotson”) respectfully ask this Court to allow them to withdraw as attorneys for
Defendants MediGain, LLC and Greg Hackney.
BASIS OF MOTION
1. Defendants MediGain, LLC and Greg Hackney retained LYNN TILLOTSON to
represent it in this proceeding. Good cause exists for the withdrawal of LYNN TILLOTSON as
counsel for Defendants because a conflict has arisen between the defendants that impairs LYNN
TILLOTSON’S representation of Defendants collectively.
2. MediGain has retained Mr. Drew York, of GRAY REED & McGraw, P.C. to
represent it in this matter. Mr. York may be reached at: dyork@grayreed.com, GRAY REED &
McGraw, P.C., 1601 Elm Street, Suite 4600, Dallas, Texas 75201,Telephone: (469) 320-6114,
Facsimile: (469) 320-6883. MediGain does not oppose LYNN TILLOTSON’S request to withdraw
and approves of the substitution of Mr. York and his firm, GRAY REED & MCGRAW.
MOTION TO WITHDRAW AS COUNSEL PAGE1
4848-6139-60083. Mr. Hackney has not yet retained replacement counsel. Accordingly, LYNN
TILLOTSON has provided Mr. Hackney with a copy of this motion and has been advised in
writing of his right to object to it. Mr. Hackney has advised LYNN TILLOTSON that he does not
oppose the motion and consents to the withdrawal. LYNN TILLOTSON has also provided
Mr. Hackney with copies of the Court’s Scheduling Order, as well as all pending settings and
deadlines. Mr. Hackney may be reached at: Greg Hackney, greg(@kironpoint.com, 6716
Frankford Road, Dallas, Texas 75252.
4, LYNN TILLOTSON’S withdrawal can be accomplished without material adverse
effect on the interests of Defendants. MediGain has already retained substitute counsel and
Mr. Hackney has sufficient time to retain new counsel before trial.
5. The withdrawal is not sought for purposes of delay. As indicated below, counsel
for Plaintiffs does not oppose this Motion.
RELIEF REQUESTED
6. By this Motion, LYNN TILLOTSON requests that the Court, based upon the good
cause shown, grant this request and that the Court enter an order permitting them to withdraw as
counsel of record for Defendants in all matters pending under the above-styled and numbered
cause.
MOTION TO WITHDRAW AS COUNSEL PAGE 2
4848-6139-6008DATE: September 21, 2015
Respectfully submitted,
Cha ore —
Christopher J. Schwegmann
Texas Bar No. 24051315
cschwegmann@lynnllp.com
LYNN TILLOTSON PINKER & COX, LLP
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
Telephone: 214.981.3800
Facsimile: 214.981.3839
ATTORNEY FOR DEFENDANTS
MEDIGAIN, LLC AND GREGORY L. HACKNEY
CERTIFICATE OF CONFERENCE
I hereby certify that I conferred with counsel for Plaintiff and he indicated that his client
opposes the motion.
MOTION TO WITHDRAW AS COUNSEL
4848-6139-6008
(Cha Jory —
Christopher J. Schwegmann
PAGE 3CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy on the foregoing has been served on the
following via electronic mail on this September 21, 2015:
Via Electronic Mail: drowe@dbellp.com
Mr. J. David Rowe
DUBOIS, BRYANT & CAMPBELL, LLP
303 Colorado Street, Suite 2300
Austin, Texas 78701
Attorney for Plaintiff
OPSMD, Inc.
Via Electronic Mail: dyork@grayreed.com
Mr. Drew York
GRAY REED & MCGRAW, P.C.
1601 Elm Street, Suite 4600
Dallas, Texas 75201
Attorney for Defendant
MOTION TO WITHDRAW AS COUNSEL
4848-6139-6008
MediGain, LLC
Christopher J. Schwegmann
PAGE 4
Preview
9/21/2015 11:28:56 AM Velva L. Price District Clerk Travis County NO. D-1-GN-14-005419 D--GN-14-005419 Jonathan Sanders OPSMD, INC., § IN THE DISTRICT COURT OF § Plaintiff, § § v. § TRAVIS COUNTY, TEXAS § MEDIGAIN, LLC, and § GREG HACKNEY, § § Defendants. § 98th JUDICIAL DISTRICT MOTION TO WITHDRAW AS COUNSEL LYNN TILLOTSON PINKER & Cox, LLP and Christopher J. Schwegmann (collectively “Lynn Tillotson”) respectfully ask this Court to allow them to withdraw as attorneys for Defendants MediGain, LLC and Greg Hackney. BASIS OF MOTION 1. Defendants MediGain, LLC and Greg Hackney retained LYNN TILLOTSON to represent it in this proceeding. Good cause exists for the withdrawal of LYNN TILLOTSON as counsel for Defendants because a conflict has arisen between the defendants that impairs LYNN TILLOTSON’S representation of Defendants collectively. 2. MediGain has retained Mr. Drew York, of GRAY REED & McGraw, P.C. to represent it in this matter. Mr. York may be reached at: dyork@grayreed.com, GRAY REED & McGraw, P.C., 1601 Elm Street, Suite 4600, Dallas, Texas 75201,Telephone: (469) 320-6114, Facsimile: (469) 320-6883. MediGain does not oppose LYNN TILLOTSON’S request to withdraw and approves of the substitution of Mr. York and his firm, GRAY REED & MCGRAW. MOTION TO WITHDRAW AS COUNSEL PAGE1 4848-6139-60083. Mr. Hackney has not yet retained replacement counsel. Accordingly, LYNN TILLOTSON has provided Mr. Hackney with a copy of this motion and has been advised in writing of his right to object to it. Mr. Hackney has advised LYNN TILLOTSON that he does not oppose the motion and consents to the withdrawal. LYNN TILLOTSON has also provided Mr. Hackney with copies of the Court’s Scheduling Order, as well as all pending settings and deadlines. Mr. Hackney may be reached at: Greg Hackney, greg(@kironpoint.com, 6716 Frankford Road, Dallas, Texas 75252. 4, LYNN TILLOTSON’S withdrawal can be accomplished without material adverse effect on the interests of Defendants. MediGain has already retained substitute counsel and Mr. Hackney has sufficient time to retain new counsel before trial. 5. The withdrawal is not sought for purposes of delay. As indicated below, counsel for Plaintiffs does not oppose this Motion. RELIEF REQUESTED 6. By this Motion, LYNN TILLOTSON requests that the Court, based upon the good cause shown, grant this request and that the Court enter an order permitting them to withdraw as counsel of record for Defendants in all matters pending under the above-styled and numbered cause. MOTION TO WITHDRAW AS COUNSEL PAGE 2 4848-6139-6008DATE: September 21, 2015 Respectfully submitted, Cha ore — Christopher J. Schwegmann Texas Bar No. 24051315 cschwegmann@lynnllp.com LYNN TILLOTSON PINKER & COX, LLP 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 Telephone: 214.981.3800 Facsimile: 214.981.3839 ATTORNEY FOR DEFENDANTS MEDIGAIN, LLC AND GREGORY L. HACKNEY CERTIFICATE OF CONFERENCE I hereby certify that I conferred with counsel for Plaintiff and he indicated that his client opposes the motion. MOTION TO WITHDRAW AS COUNSEL 4848-6139-6008 (Cha Jory — Christopher J. Schwegmann PAGE 3CERTIFICATE OF SERVICE I hereby certify that a true and correct copy on the foregoing has been served on the following via electronic mail on this September 21, 2015: Via Electronic Mail: drowe@dbellp.com Mr. J. David Rowe DUBOIS, BRYANT & CAMPBELL, LLP 303 Colorado Street, Suite 2300 Austin, Texas 78701 Attorney for Plaintiff OPSMD, Inc. Via Electronic Mail: dyork@grayreed.com Mr. Drew York GRAY REED & MCGRAW, P.C. 1601 Elm Street, Suite 4600 Dallas, Texas 75201 Attorney for Defendant MOTION TO WITHDRAW AS COUNSEL 4848-6139-6008 MediGain, LLC Christopher J. Schwegmann PAGE 4