Graphic Packaging Corporation v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas ( 2015 )

ACCEPTED 03-14-00197-CV 6607201 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/21/2015 4:02:52 PM JEFFREY D. KYLE CLERK No. 03-14-00197-CV _______________________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 8/21/2015 4:02:52 PM THIRD JUDICIAL DISTRICT OF TEXAS JEFFREY D. KYLE AT AUSTIN Clerk _______________________________________________ GRAPHIC PACKAGING CORPORATION, Appellant v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS, Appellees. UNOPPOSED MOTION TO CHANGE DESIGNATION OF LEAD COUNSEL, AND TO WITHDRAW AND SUBSTITUTE COUNSEL FOR APPELLANT TO THE HONORABLE THIRD COURT OF APPEALS: Pursuant to Texas Rules of Appellate Procedure 6.5, 9.5, and 10, and Local Practices No. 8, 11, and 14, James (“Jimmy”) Martens, Lacy Leonard, Amanda Taylor, and Danielle Ahlrich and the law firm of Martens, Todd, Leonard, Taylor & Ahlrich (“MTLT&A Counsel”), who currently represent Appellant Graphic Packaging Corporation (“the Client”), file this Unopposed Motion to Change the Designation of Lead Counsel and to Withdraw and 1 Substitute Counsel for Appellant. In support of this Motion, MTLT&A Counsel respectfully submit the following: I. Background: 1. For purposes of this appeal, MTLT&A Counsel have served as local counsel supporting the pro hac vice appearance and representation by Client’s primary counsel, California-based attorneys Amy Silverstein and Edwin Antolin. 2. Because Jimmy Martens signed the Notice of Appeal, he was designated as Lead Counsel for Client. See Tex. R. App. P. 6.1; Local Practice No. 8. This designation was not officially changed despite Ms. Silverstein serving in lead counsel capacity. 3. Upon the withdrawal of MTLT&A Counsel, Silverstein and Antolin will remain as the primary counsel for Client in this appeal. This Motion provides written notice to change the designation of Lead Counsel from Mr. Martens to Ms. Silverstein. Tex. R. App. P. 9.5; Local Practice No. 11. 4. Upon the withdrawal of MTLT&A Counsel, the Honorable Wallace B. Jefferson will substitute in as local counsel. His contact information is: 2 The Honorable Wallace B. Jefferson ALEXANDER, DUBOSE, JEFFERSON & TOWNSEND, LLP 515 Congress Ave., Suite 2350 Austin, Texas 78701-3562 Phone: (512) 482-9300 Fax: (512) 482-9303 Email: wjefferson@adjtlaw.com SBOT No.: 00000019 II. Argument & Authorities: 1. This Court may permit counsel to withdraw from representing an appellate party “on appropriate terms and conditions” pursuant to Texas Rule of Appellate Procedure 6.5. When another attorney is substituting in for the withdrawing counsel, Rule 6.5 requires that that Motion be delivered to the party at the party’s last known address via both certified and first class mail, or in person, and that the Motion state all required information for the substituting attorney. Tex. R. App. P. 6.5(b), (d). As shown by the Certificate of Service below and the information provided in Section I above, this Motion satisfies the requirements of Rule 6.5. 2. MTLT&A Counsel seek to withdraw from representing the Client in this proceeding for good cause and not for purposes of delay. Especially given the contemporaneous substitution of alternative local counsel and the current status of the appeal (an Opinion having issued on July 28, 2015), MTLT&A Counsel’s withdrawal can be accomplished without material 3 adverse effect on the interests of Client. See Tex. Disciplinary Rules of Prof. Conduct 1.15(b). 3. The Client and co-counsel (Silverstein and Antolin) have been informed of MTLT&A’s desire to withdraw as Appellant’s counsel from this case. Neither the Client nor co-counsel oppose this Motion. Additionally, MTLT&A Counsel have conferred with opposing counsel (Mr. Rance Craft) about this Motion, and he does not oppose it. PRAYER James (“Jimmy”) Martens, Lacy Leonard, Amanda Taylor, and Danielle Ahlrich and the law firm of Martens, Todd, Leonard, Taylor & Ahlrich (“MTLT&A Counsel”) respectfully request that this Court grant this Unopposed Motion to Change the Designation of Lead Counsel, and to Withdraw and Substitute Counsel for Appellant in this matter. MTLT&A Counsel pray that this Court will enter an order stating that MTLT&A Counsel are hereby withdrawn from any further representation of Client in this proceeding, and that the Honorable Wallace B. Jefferson of Alexander, Dubose, Jefferson & Townsend LLP is substituted in their place. 4 Respectfully submitted, MARTENS, TODD, LEONARD, TAYLOR & AHLRICH 301 Congress Ave., Suite 1950 Austin, Texas 78701 Telephone: (512) 542-9898 Telecopier: (512) 542-9899 By: /s/ James Martens__________ James F. Martens jmartens@textaxlaw.com State Bar No. 13050720 Lacy L. Leonard lleonard@textaxlaw.com State Bar No. 24040561 Amanda Taylor ataylor@textaxlaw.com State Bar No. 24045921 Danielle V. Ahlrich dahlrich@textaxlaw.com State Bar No. 24059215 CERTIFICATE OF CONFERENCE I certify that the attorneys of MTLT&A have conferred with the Client (Graphic Packaging) and co-counsel (Amy Silverstein and Edwin Antolin) about the merits of this Motion, and they do not oppose this Motion. I further certify that the attorneys of MTLT&A have conferred with counsel for Appellees, Mr. Rance Craft about the merits of this Motion, and he does not oppose this Motion. /s/ James Martens___ James Martens 5 CERTIFICATE OF COMPLIANCE I hereby certify that this Motion complies with the typeface requirements of Tex. R. App. P. 9.4(e) because it has been prepared in a conventional typeface no smaller than 14-point for text and 12-point for footnotes. /s/ James Martens___ James Martens CERTIFICATE OF SERVICE I hereby certify that, in compliance with Tex. R. App. P. 9.5, a true and correct copy of this Motion was served on the following counsel via e-service, on August 21, 2015. Rance Craft Assistant Solicitor General OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 (512) 936-2872 (512) 474-2697 [fax] rance.craft@texasattorneygeneral.gov Cynthia A. Morales Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL, FINANCIAL AND TAX LITIGATION DIVISION, P.O. Box 12548 Austin, Texas 78711 (512) 463-8897 (512) 477-2348 [fax] cynthia.morales@texasattorneygeneral.gov 6 Amy L. Silverstein Edwin Antolin SILVERSTEIN & POMERANTZ, LLP 12 Gough Street, 2nd Floor San Francisco, California 94103 (415) 593-3502 (415) 593-3501 (Facsimile) Asilverstein@sptaxlaw.com Eantolin@sptaxlaw.com The Honorable Wallace B. Jefferson ALEXANDER, DUBOSE, JEFFERSON & TOWNSEND, LLP 515 Congress Ave., Suite 2350 Austin, Texas 78701-3562 (512) 482-9300 (512) 482-9303 (Facsimile) wjefferson@adjtlaw.com I further certify that, in compliance with Tex. R. App. P. 6.5(b), a true and correct copy of this Motion was served on the following party of record via Certified Mail, Return Receipt Requested, and 1st Class US Mail, on August 21, 2015. Graphic Packaging Corporation c/o Lauren Tashma Senior VP, General Counsel, & Secretary 1500 Riveredge Parkway NW Suite 100, 9th Floor Atlanta, Georgia 30328 /s/ James Martens___ James Martens 7