The opinion
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
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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.
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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
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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
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Exhibit A