Perritt et al v. The Cupcakery, et al

Filing 108

***CORRECTED DOCUMENT REPLACES DOCUMENT 107 WHICH WAS FILED IN ERROR***MOTION to Substitute Attorney by Buster Baking, Ricky B Perritt, The Cupcakery, The Woodlands Baking, LLC. (Attachments: # 1 Text of Proposed Order)(Wood, Richard) Modified on 8/25/2011 (baf, ).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION RICKY B. PERRITT, individually; THE CUPCAKERY, LLC, a Texas Limited Liability Company; BUSTER BAKING, LLC, a Texas Limited Liability Company; THE WOODLANDS BAKING, LLC, A Texas Limited Liability Company; CUSTOM VERSION CORPORATION, A Texas Corporation § § § § § § § § § § § § § § v PAMELA F. JENKINS, individually; and THE CUPCAKERY LLC, a Nevada Limited Liability Company Civil Action No. 4:11-CV-23 MOTION TO SUBSTITUTE COUNSEL COMES NOW Plaintiff, RICKY B. PERRITT, Individually; THE CUPCAKERY, LLC, a Texas Limited Liability Company; BUSTER BAKING LLC, a Texas Limited Liability Company; THE WOODLAND BAKING, LLC, A Texas Limited Liability Company; CUSTOM VERSION CORPORATION, A Texas Corporation, and files this its Motion to Substitute Counsel and would respectfully show the Court as follows: I. Plaintiff is represented by Michael J. Whitten, Michael J. Whitten & Associates, P.C., 218 North Elm Street, Denton, Texas 76201. Plaintiff now moves that R. WILLIAM WOOD of the law firm of Wood, Thacker & Weatherly, P.C., 400 West Oak Street, Suite 310, Denton, Texas 76201, (940) 565-6565 be substituted as lead counsel on behalf of the Plaintiff. Motion to Substitute Counsel - Page 1 II. Plaintiff has approved that R. WILLIAM WOOD of the law firm of Wood, Thacker & Weatherly P.C. be substituted as lead counsel on behalf of the Plaintiff. III. This substitution is not being taken for purposes of delay. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that this Motion of Substituted Counsel be granted and that R. WILLIAM WOOD of the law firm of Wood, Thacker & Weatherly P.C. be substituted as lead counsel on behalf of the Plaintiff. Respectfully submitted, WOOD, THACKER & WEATHERLY, P.C. 400 West Oak, Suite 310 Denton, Texas 76201 (940) 565-6565 (940) 566-6673 FAX Attorneys for Plaintiff /s/ R. William Wood R. WILLIAM WOOD State Bar Card No. 21906000 APPROVED: Mr. Michael J. Whitten Michael J. Whitten & Associates P.C. 218 North Elm Street Denton,Texas 76201 /s/ Michael J. Whitten Michael J. Whitten State Bar Card No. 21392000 CERTIFICATE OF SERVICE A true and correct copy of the above and foregoing document has been furnished to all counsel of record in accordance with the Federal Rules of Civil Procedure, this 23rd day of August, 2011. Motion to Substitute Counsel - Page 2 /s/ R. William Wood R. William Wood Ms. Jodie Slater Strong & Nolan LLP 1701 N. Market Street, Suite 200 Dallas, Texas 75202 VIA FACSIMILE (214)752-6929 Mr. Clyde M. Siebman Siebman, Burg, Phillips & Smith, LLP 300 North Travis Street Sherman, Texas 75090 VIA FACSIMILE (903)870-0066 Mr. Michael J. Whitten Michael J. Whitten & Associates P.C. 218 North Elm Street Denton, Texas 76201 VIA FACSIMILE (940)898-0196 CERTIFICATE OF CONFERENCE I called this 24th day of August, 2011, to attempt to speak to anybody in the office of Strong & Nolan, LLP but were unable to reach anyone. I understand from emails with counsel that Defendant’s counsel, Jodi Slater, is out of town on a honeymoon. I left word for her to return my call. /s/ R. William Wood R. William Wood Motion to Substitute Counsel - Page 3

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