Todd Enright v. Asclepius Panacea, LLC Asclepius Panacea GP, LLC Daily Pharmacy, LLC Daily Pharmacy GP, LLC And Toth Enterprises II, P .A. D/B/A Victory Medical Center ( 2015 )

ACCEPTED 03-15-00348-CV 8251831 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/15/2015 4:36:40 PM JEFFREY D. KYLE CLERK No. 03-15-00348-CV ______________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS COURT OF APPEALS 12/15/2015 4:36:40 PM THIRD JUDICIAL DISTRICT OF TEXAS JEFFREY D. KYLE AUSTIN, TEXAS Clerk ______________________________________ TODD ENRIGHT Appellant, v. ASCLEPIUS PANACEA, LLC; ASCLEPIUS PANACEA GP, LLC; DAILY PHARMACY, LLC; DAILY PHARMACY GP, LLC; AND TOTH ENTERPRISES II, P .A. D/B/A VICTORY MEDICAL CENTER, Appellees. ______________________________________ UNOPPOSED MOTION TO WITHDRAW ______________________________________ On Appeal from the 98th Judicial District Court of Travis County, Texas Trial Court No. D-1-GN-14-004689 Hon. Gisela D. Triana of the 200th Judicial District Court, Presiding __________________________________ TO THE HONORABLE COURT OF APPEALS: Pursuant to Texas Rule of Procedure 10 and Texas Rule of Appellate Procedure 10.1, undersigned counsel, the law firm of Vinson & Elkins LLP, hereby moves the Court for leave to withdraw as counsel for Appellant Todd Enright (Enright). In support of this motion, counsel notes the following: 1. On November 10, 2014, Asclepius Panacea, LLC; Asclepius Panacea GP, LLC; Daily Pharmacy, LLC; Daily Pharmacy GP, LLC; and Toth Enterprises II, P.A. d/b/a Victory Medical Center (collectively, Appellees) filed their original petition against QVL Pharmacy #181 GP, LLC, QVL Pharmacy #162 GP, LLC, QVL Pharmacy Holdings, and Enright (collectively, Defendants) in the 98th Judicial District Court of Travis County, Texas (No. D-1-GN-14-004689). 2. In November 2014, Vinson & Elkins LLP (Vinson & Elkins) was retained to represent Enright in this matter. 3. On June 3, 2015, Enright appealed the district court’s May 15, 2015 denial of Enright’s special appearance. Defendants QVL Pharmacy #181 GP, LLC, QVL Pharmacy #162 GP, LLC, and QVL Pharmacy Holdings (collectively, the QVL Defendants) are not a party to this appeal. Briefing on this appeal was completed on September 28, 2015, and oral argument was heard on November 4, 2015. This Court has not issued a ruling as of the date of this motion. 4. Vinson & Elkins now has good cause to withdraw from representing Enright. 5. On November 20, 2015, Vinson & Elkins filed a motion to withdraw in the district court. Enright and Appellees (Plaintiffs below) consented to the 2 withdrawal.1 On December 10, 2015, the district court granted Vinson & Elkins’ motion to withdraw. A copy of the district court’s order granting withdrawal is attached as Exhibit A to this motion. 6. A copy of this motion has been delivered to Enright via electronic mail, and he has been notified in writing of his right to object to the motion. In addition, a copy of this motion has been sent to Enright at his last known address both by certified mail and by first-class mail. 7. Enright consents to this withdrawal. 8. Counsel for Plaintiffs consent to this withdrawal and do not oppose this motion. 9. Enright’s last known address and telephone number are: Mr. Todd Enright P.O. Box 25 Hinsdale, NH 03451 850.570.4793 WHEREFORE, Vinson & Elkins LLP prays that this Court enter an order granting this Unopposed Motion to Withdraw. 1 Counsel for QVL Defendants, who are not a party to this appeal, withdrew from representing QVL Defendants on March 13, 2015. Because no new counsel has been named, the QVL Defendants were unable to provide or withhold their consent to Vinson & Elkin’s withdrawal in the district court. 3 Date: December 15, 2015 Respectfully submitted, /s/ Jennifer B. Poppe Thomas S. Leatherbury State Bar No. 12095275 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201 Telephone: (214) 220-7700 Facsimile: (214) 999-7792 tleatherbury@velaw.com Jennifer B. Poppe State Bar No. 24007855 Michael A. Heidler State Bar No. 24059921 Jonah Jackson State Bar No. 24071450 VINSON & ELKINS L.L.P. 2801 Via Fortuna, Suite 100 Austin, Texas 78746 Telephone: (512) 542-8400 Facsimile: (512) 542-8612 jpoppe@velaw.com mheidler@velaw.com jjackson@velaw.com Counsel for Appellant Todd Enright 4 CERTIFICATION OF CONFERENCE I hereby certify that on December 11, 2015, I conferred with counsel for Appellees regarding this motion and was informed that Appellees do not oppose this motion. /s/ Jonah Jackson Jonah Jackson CERTIFICATE OF SERVICE I hereby certify that on December 15, 2015, a true and correct copy of the foregoing document was served in accordance with the requirements of the Texas Rules of Civil Procedure via electronic filing and email on the following counsel of record: Eric J. Taube Paul Matula Rola Daaboul Taube Summers Harrison Taylor Meinzer Brown LLP 100 Congress Avenue, 18th Floor Austin, Texas 78701 etaube@taubesummers.com pmatula@taubesummers.com rdaaboul@taubesummers.com /s/ Jonah Jackson Jonah Jackson 5 Exhibit A