Opinion

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

Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Dec 15, 2015
Status
Published
Cited by
0 cases

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

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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