EMG Technology, LLC v. Apple, Inc.

Filing 212

Unopposed MOTION to Substitute Attorney as Lead Counsel by American Airlines, Inc.. (Attachments: # 1 Text of Proposed Order)(Capshaw, Sidney)

EMG Technology, LLC v. Apple, Inc.

Doc. 212

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

EMG TECHNOLOGY, LLC
PLAINTIFF
VS.

§ § § § §

Civil Action No. 6:08cv447

APPLE, INC., ET AL.
DEFENDANTS

DEFENDANT AMERICAN AIRLINES, INC.'S UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL AND SUBSTITUTION OF LEAD COUNSEL COMES NOW Defendant American Airlines, Inc., ("American") and files this

Unopposed Motion to for Withdrawal of Counsel and Substitution of Lead Counsel seeking the withdrawal of Mike McKool Jr. and his firm, McKool Smith, P.C., as attorney of record in this case and the substitution of S. Calvin Capshaw as lead counsel, and would respectfully show the Court as follows: 1. 2. American is represented by Capshaw DeRieux, LLP and Nixon Peabody, LLP. Mike McKool Jr. is listed on the Court's docket as counsel for American and, Before the Capshaw DeRieux and

perhaps by default, identified as lead counsel for American.

Nixon Peabody firms were retained and appeared in this case to represent American, McKool Smith (who represents American in other matters) filed two unopposed applications for

extension of time to answer on behalf of American. (See Docket Nos. 24 and 35.) This resulted in Mr. McKool being docketed as counsel for American, even though Mr. McKool and his firm have not participated in American's defense. Accordingly, American requests that the Court's

listing of counsel be updated to remove Mr. McKool and his firm in this case. The Capshaw DeRieux and Nixon Peabody firms that have represented American are unaffected.

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Dockets.Justia.com

3. 4.

The withdrawal sought herein is not opposed by PlaintiffEMG

Technology, LLC.

American also requests that S. Calvin Capshaw be identified as its lead counsel.

Dated: January 14, 2010

Respectfully submitted,

lsi S. Calvin Capshaw
S. Calvin Capshaw, III [e-mail] State Bar No. 0378900 Elizabeth L. DeRieux [e-mail] State Bar No. 05770585 D. Jeffrey Rambin [e-mail] State Bar No. 00791478 CAPSHAW DERIEUX, LLP 1127 Judson Road, Suite 220 Longview, TX 75601 T: [phone] F: [phone] Of Counsel: Russell J. Genet David C. McKone NIXON PEABODY LLP 300 S. Riverside Plaza, 16th Floor Chicago, IL 60606-6613 T: [phone] F: [phone] Constance M. Boland LLP 437 Madison Ave. New York, NY 10022 T: [phone] F: [phone]
NIXON PEABODY

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NIXON PEABODY

Richard D. Rochford LLP 1100 Clinton Square Rochester, NY 14604 T: [phone] F: [phone] Attorneys for Defendant-Counterclaim Plaintiff American Airlines, Inc.

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CERTIFICATE OF CONFERENCE I hereby certify that counsel for American Airlines has conferred with counsel for Plaintiff and Plaintiff is not opposed to this Motion.

lsi S. Calvin Capshaw

CERTIFICATE OF SERVICE I hereby certify that all counsel of record who are deemed to have consented to electronic service are being served this 14th day of January, 2010 with a copy of this document via the Court's CMlECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by electronic mail, facsimile transmission andlor first class mail on this same date.

lsi S. Calvin Capshaw

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