Compression Labs Incorporated v. Dell, Inc et al

Filing 65

***FILED IN ERROR. SEE CORRECTED DOCUMENT# 66 *** MOTION to Withdraw as Attorney by Compression Labs Incorporated. (Attachments: # 1 Text of Proposed Order)(Capshaw, Sidney) Modified on 11/24/2004 (poa, ).

Compression Labs Incorporated v. Dell, Inc et al

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Case 2:04-cv-00159-DF

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Filed 11/24/2004

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION Compression Labs, Incorporated, Plaintiff, v. Dell Inc., et al., Defendants. ) ) ) ) ) ) ) )

C.A. No. 2:04-CV-159-DF

MOTION OF JENKENS & GILCHRIST, P.C. FOR LEAVE TO WITHDRAW FROM REPRESENTATION OF COMPRESSION LABS, INCORPORATED Jenkens & Gilchrist, P.C., by its lawyers who have appeared on behalf of Compresssion Labs, Inc. ("CLI") in the above-captioned case, hereby move this Court, pursuant to Local Rule CV-11(d), for leave to withdraw from the representation of CLI in this lawsuit. 1. Lead trial counsel, Stephen G. Rudisill of Jenkens & Gilchrist, P.C., has

previously filed an appearance as one of CLI's attorneys of record. 2. In addition, John C. Gatz, Gary E. Hood, Justin D. Swindells, Russell J. Genet,

Margo Wolf O'Donnell, Brian N. Anderson, Cynthia K. Thompson, L. Steven Leshin, Merlyn D. Sampels, Scott C. Ryan, R. David Donoghue, and Daniel V. Flatten, all of Jenkens & Gilchrist, P.C., have also filed appearances on behalf of CLI. 3. The reason behind this request to withdraw is apparent from the most recent 10-K

SEC filing of Forgent Networks, Inc. ("Forgent"), the parent company of CLI, in which Forgent stated: "On October 27, 2004, Forgent formally terminated its counsel and is currently in discussions with the law firm regarding the termination. Forgent has engaged new counsel to advise it in connection with its Patent Licensing Program and is working with both counsel to

LON:142964.1 50987.2

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ensure a timely and efficient transition in legal services." Relevant pages from Forgent's most recent Form 10-K are attached as Exhibit 1. 4. Jenkens & Gilchrist, P.C., through its lawyers who appeared on behalf of CLI in

this action, have taken reasonable steps to avoid foreseeable prejudice to the rights of CLI. 5. Forgent and CLI's new counsel includes G. Michael Gruber and Eric W. Buether,

both of the law firm of Godwin Gruber, LLP. 6. Because CLI has already engaged new counsel, the withdrawal of Jenkens &

Gilchrist, P.C. and its lawyers from the representation of CLI in this action should not affect the schedule for pleading, discovery, or other activities in this lawsuit. WHEREFORE, Jenkens & Gilchrist, P.C., by its lawyers who have filed an appearance in this matter, respectfully requests that the Court grant its motion for leave to withdraw from representation of CLI in this case.

Respectfully submitted, Dated: November 4, 2004
By:/s/ Stephen G. Rudisill by permission S. Calvin Capshaw

Stephen G. Rudisill (attorney-in-charge) Illinois Bar No.: 2417049 Texas Bar No.: 17376050 [e-mail] John C. Gatz Illinois Bar No.: 6237140 [e-mail] Russell J. Genet Illinois Bar No.: 6255982 rgenet @jenkens.com Justin D. Swindells Illinois Bar No.: 6257291 [e-mail] JENKENS & GILCHRIST, P.C. 225 West Washington Street, Suite 2600 Chicago, Illinois 60606
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Tel. Fax

[phone] [phone]

S. Calvin Capshaw III Texas Bar No.: 03783900 [e-mail] BROWN, McCARROLL, L.L.P. 1127 Judson Road, Suite 220 Longview, Texas 75601-5157 Tel. [phone] Fax. [phone] Franklin Jones, Jr. Texas Bar No.: 00000055 [e-mail] JONES & JONES, Inc., P.C. 201 West Houston Street (75670) P.O. Drawer 1249 Marshall, Texas 75670-1249 Tel. [phone] Fax. [phone] Otis Carroll Texas Bar No.: 03895700 Jack Wesley Hill Texas Bar No.: 24032294 [e-mail] IRELAND, CARROLL & KELLEY, P.C. 6101 South Broadway, Suite 500 Tyler, Texas 75703 Tel. [phone] Fax. [phone] ATTORNEYS FOR PLAINTIFF

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CERTIFICATE OF CONFERENCE On November 4, 2004, Counsel for CLI attempted to orally confer with counsel for Defendants in a good faith attempt to resolve the matter of this Motion without court intervention. Counsel for CLI has spoken or exchanged voicemail messages with various counsel for Defendants. Counsel for Defendants Dell and IBM have indicated that they do not oppose the withdrawal of Jenkens & Gilchrist. At the time of the filing of this Motion, none of the remaining counsel for Defendants have been able to indicate whether or not they oppose this motion. /s/ Stephen G. Rudisill by permission S. Calvin Capshaw CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to the electronic service are being served with a copy of MOTION OF JENKENS & GILCHRIST, P.C. FOR LEAVE TO WITHDRAW FROM REPRESENTATION OF COMPRESSION LABS, INCORPORATED via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by facsimile transmission and/or first class mail this 4th day of November, 2004. /s/ Stephen G. Rudisill by permission S. Calvin Capshaw

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