Preview
CAUSE NO. 2019-71004
GUY JONES AND IN THE DISTRICT COURT OF
MARLA JONES,
Plaintiffs,
HARRIS COUNTY, TEXAS
THE BANK OF NEW YORK MELLON
F/K/A THE BANK OF NEW YORK, AS
TRUSTEE FOR
CERTIFICATEHOLDERS OF CWABS,
INC. AND NATIONSTAR MORTGAGE,
LLC D/B/A MR. COOPER,
125th JUDICIAL DISTRICT
Defendants.
UNOPPOSED MOTION TO WITHDRAW
AS COUNSEL FOR PLAINTIFFS
TO THE HONORABLE COURT:
Robert C. Lane, Joshua D. Gordon, and The Lane Law Firm, P.L.L.C. (“Movants”) ask
this Court’s permission to withdraw as Counsel for Guy Jones and Marla Jones. This Motion
encompasses any other counsel of record or any other attorney employed or associated with The
Lane Law Firm, P.L.L.C., and in support thereof would show the following:
Plaintiffs are Guy Jones and Marla Jones (“Plaintiff ”).
Defendants are The Bank of New York Mellon dka The Bank of New York, As Trustee
for Certificateholders of CWABS, Inc. and Nationstar Mortgage, LLC d/b/a Mr. Cooper
(“Defendant
On September 30, 2019, Plaintiffs filed an Original Petition in the District Court of Harris
County.
There are no pending motionsand no settings
The parties mediated on March 4, 2021 nd came to an agreement. Notice of Settlement
was filed on April 27, 2021.
There is good cause, as required by Texas Rule of Civil Procedure 10, for this court to grant
the Unopposed Motion to Withdraw because Plaintiffs insist on pursuing an objective that
Movants consider imprudent and with which Movants have a fundamental disagreement.
Tex. R. Civ. P. 10 does not define “good cause,” however, the Texas Disciplinary Rules of
Professional Conduct articulate considerations relevant to Rule 10 motions. e In re A.R.
236 S.W.3d 460, 474 (Tex. App.Dallas 2007, no pet
Subsection (b) of Disciplinary Rule 1.15 lists specific instances when an attorney may seek
to withdraw, including: (4) a client insists upon pursuing an objective that the lawyer
considers repugnant or imprudent or with which the lawyer has fundamental disagreement
or (7) other good causes for withdrawal exist. See Tex. DISCIPLINARY R. PROF’L
CONDUCT 1.15.
Here, Movants terminated their representation of Plaintiff May 3, 2021 due to
Plaintiffs insistence on pursuing an objective that Movants consider imprudent and with
which Movants have a fundamental disagreement Movants are wary of providing more
detail than this in a public filingdue to attorney client privilege.
On April 27, 2021, Movants warnedPlaintiffs in writing via email of the imminent risk of
termination. Email has been the primary method of written communication between
Plaintiffs and Movants.Plaintiffs have not responded to this termination warning.
On May 3, 2021, due to the aforementioned irreconcilable issues, Movants terminated
representation of Plaintiff in writing via email. Plaintiffs have not responded to this
termination. The attached letter was sent to Plaintiffs via email, certified mail, and first
class mail along with this motion.
This motion has been served to Plaintiffs via email, certified mail, and first class mail to
Plaintiffs’ last known address Plaintiff expressed no opposition to Movants’
termination of services or this motion. Movants do not know if Plaintiffs intend to hire
new counsel.
Defendant areunopposedto this motion.
This motion will not delay the prosecution of this case.
Plaintiffs last known address is 7025 East Alpine Drive, Houston, Texas 77061 Plaintiffs’
phone numbers are (832) 656 3361 and (281) 236
WHEREFORE, PREMISES CONSIDERED, Robert C. Lane, Joshua D. Gordon, and The
Lane Law Firm, P.L.L.C. ask that this Court grant their Unopposed Motion to Withdraw as
Counsel for Plaintiff and remove any and all counsel associated with The Lane Law Firm, P.L.L.C.
Respectfully submitted this day of May
By: /s/ Robert C. Lane
Robert “Chip” Lane
State Bar No. 24046263
Notifications@lanelaw.com
Joshua D. Gordon
State Bar No. 24091592
Joshua.gordon@lanelaw.com
HE ANE AW IRM P.L.L.C.
6200 Savoy Drive, Suite 1150
Houston, Texas 77036
Telephone: (713) 595 8200
Facsimile: (713) 595 8201
TTORNEYS OR LAINTIFF
CERTIFICATE OF LAST KNOWN ADDRESS
This is to certify that Plaintiffs Guy and Marla Jones last known address is 7025 East Alpine
Drive, Houston, Texas 77061. Plaintiffs’ phone numbers are (832) 656 3361 and (281) 236
To the best of my knowledge, this information is accurate as of the date of this filing.
By: /s/ Joshua D. Gordon
Joshua D. Gordon
CERTIFICATE OF CONFERENCE
conferred with Counsel for the Defendant regarding this motion. Defendant are
unopposedto this motion
By: /s/ Joshua D. Gordon
Joshua D. Gordon
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing was served to
Counsel via proper service, this day of May , 2021
Matthew D. Durham
SBN: 24040226
mail: mdurham@mcguirewoods.com
UIRE OODS LLP
2000 McKinney Avenue, Suite 1400
Dallas, Texas 75201
Telephone: (214) 9326400
Facsimile: (214) 9326499
TTORNEY FOR EFENDANT
By: /s/Joshua D. Gordon
Joshua D. Gordon
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing was served to
Plaintiffsvia email, certified mail, and first class mail on this day of May, 2021
By: /s/Joshua D. Gordon
Joshua D. Gordon
EXHIBIT 1
Preview
CAUSE NO. 2019-71004 GUY JONES AND IN THE DISTRICT COURT OF MARLA JONES, Plaintiffs, HARRIS COUNTY, TEXAS THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR CERTIFICATEHOLDERS OF CWABS, INC. AND NATIONSTAR MORTGAGE, LLC D/B/A MR. COOPER, 125th JUDICIAL DISTRICT Defendants. UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS TO THE HONORABLE COURT: Robert C. Lane, Joshua D. Gordon, and The Lane Law Firm, P.L.L.C. (“Movants”) ask this Court’s permission to withdraw as Counsel for Guy Jones and Marla Jones. This Motion encompasses any other counsel of record or any other attorney employed or associated with The Lane Law Firm, P.L.L.C., and in support thereof would show the following: Plaintiffs are Guy Jones and Marla Jones (“Plaintiff ”). Defendants are The Bank of New York Mellon dka The Bank of New York, As Trustee for Certificateholders of CWABS, Inc. and Nationstar Mortgage, LLC d/b/a Mr. Cooper (“Defendant On September 30, 2019, Plaintiffs filed an Original Petition in the District Court of Harris County. There are no pending motionsand no settings The parties mediated on March 4, 2021 nd came to an agreement. Notice of Settlement was filed on April 27, 2021. There is good cause, as required by Texas Rule of Civil Procedure 10, for this court to grant the Unopposed Motion to Withdraw because Plaintiffs insist on pursuing an objective that Movants consider imprudent and with which Movants have a fundamental disagreement. Tex. R. Civ. P. 10 does not define “good cause,” however, the Texas Disciplinary Rules of Professional Conduct articulate considerations relevant to Rule 10 motions. e In re A.R. 236 S.W.3d 460, 474 (Tex. App.Dallas 2007, no pet Subsection (b) of Disciplinary Rule 1.15 lists specific instances when an attorney may seek to withdraw, including: (4) a client insists upon pursuing an objective that the lawyer considers repugnant or imprudent or with which the lawyer has fundamental disagreement or (7) other good causes for withdrawal exist. See Tex. DISCIPLINARY R. PROF’L CONDUCT 1.15. Here, Movants terminated their representation of Plaintiff May 3, 2021 due to Plaintiffs insistence on pursuing an objective that Movants consider imprudent and with which Movants have a fundamental disagreement Movants are wary of providing more detail than this in a public filingdue to attorney client privilege. On April 27, 2021, Movants warnedPlaintiffs in writing via email of the imminent risk of termination. Email has been the primary method of written communication between Plaintiffs and Movants.Plaintiffs have not responded to this termination warning. On May 3, 2021, due to the aforementioned irreconcilable issues, Movants terminated representation of Plaintiff in writing via email. Plaintiffs have not responded to this termination. The attached letter was sent to Plaintiffs via email, certified mail, and first class mail along with this motion. This motion has been served to Plaintiffs via email, certified mail, and first class mail to Plaintiffs’ last known address Plaintiff expressed no opposition to Movants’ termination of services or this motion. Movants do not know if Plaintiffs intend to hire new counsel. Defendant areunopposedto this motion. This motion will not delay the prosecution of this case. Plaintiffs last known address is 7025 East Alpine Drive, Houston, Texas 77061 Plaintiffs’ phone numbers are (832) 656 3361 and (281) 236 WHEREFORE, PREMISES CONSIDERED, Robert C. Lane, Joshua D. Gordon, and The Lane Law Firm, P.L.L.C. ask that this Court grant their Unopposed Motion to Withdraw as Counsel for Plaintiff and remove any and all counsel associated with The Lane Law Firm, P.L.L.C. Respectfully submitted this day of May By: /s/ Robert C. Lane Robert “Chip” Lane State Bar No. 24046263 Notifications@lanelaw.com Joshua D. Gordon State Bar No. 24091592 Joshua.gordon@lanelaw.com HE ANE AW IRM P.L.L.C. 6200 Savoy Drive, Suite 1150 Houston, Texas 77036 Telephone: (713) 595 8200 Facsimile: (713) 595 8201 TTORNEYS OR LAINTIFF CERTIFICATE OF LAST KNOWN ADDRESS This is to certify that Plaintiffs Guy and Marla Jones last known address is 7025 East Alpine Drive, Houston, Texas 77061. Plaintiffs’ phone numbers are (832) 656 3361 and (281) 236 To the best of my knowledge, this information is accurate as of the date of this filing. By: /s/ Joshua D. Gordon Joshua D. Gordon CERTIFICATE OF CONFERENCE conferred with Counsel for the Defendant regarding this motion. Defendant are unopposedto this motion By: /s/ Joshua D. Gordon Joshua D. Gordon CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing was served to Counsel via proper service, this day of May , 2021 Matthew D. Durham SBN: 24040226 mail: mdurham@mcguirewoods.com UIRE OODS LLP 2000 McKinney Avenue, Suite 1400 Dallas, Texas 75201 Telephone: (214) 9326400 Facsimile: (214) 9326499 TTORNEY FOR EFENDANT By: /s/Joshua D. Gordon Joshua D. Gordon CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing was served to Plaintiffsvia email, certified mail, and first class mail on this day of May, 2021 By: /s/Joshua D. Gordon Joshua D. Gordon EXHIBIT 1