Smith v. The Abandoned Vessel

Filing 17

MOTION for Jay A. McKendree to Withdraw as Attorney by Nathan Smith, filed. Motion Docket Date 10/15/2007. (Attachments: # 1 Proposed Order)(McKendree, Jay)

Smith v. The Abandoned Vessel

Doc. 17

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION NATHAN SMITH VS. THE ABANDONED VESSEL, in rem § § § § §

CIVIL ACTION NO. 4:07-00784

ADMIRALTY

MOTION TO WITHDRAW AS COUNSEL Jay A. McKendree asks this court to allow him to withdraw as attorney for Nathan Smith. A. Introduction 1. 2. Petitioner is Nathan Smith; Intervenor is Marie Sorenson. This case involves a claim based in admiralty and/or the law of finds for title to an

abandoned vessel in Refugio County, Texas. 3. The initial scheduling conference is set for October 25, 2007. B. Facts 4. Movant, Jay A. McKendree was previously employed by Killeen & Stern, P.C.

Petitioner contracted with Killeen & Stern, P.C. to provide legal services. In the course of his employment, Movant electronically filed Petitioner's original pleading while employed by Killeen & Stern, P.C. Movant left his employment with Killeen & Stern, P.C. in June 2007, but Killeen & Stern, P.C. continued its representation of Petitioner. 5. Subsequent to Movant leaving his employment with Killeen & Stern, P.C., Petitioner

discharged Robert J. Killeen, Jr. and Killeen & Stern, P.C. from this case and Robert J. Killeen, Jr. terminated representation pursuant to Nathan Smith's Contract for Legal Services. 6. 7. This Court granted Robert J. Killeen, Jr.'s Motion to Withdraw. Movant has delivered a copy of this Motion to Petitioner and has notified him in

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writing of his right to object to the Motion. 8. This Motion is filed out of an abundance of caution to ensure Movant is not

considered by the Court or Petitioner to represent Petitioner in any fashion in this matter. C. Prayer 9. To the extent Movant is considered to represent Petitioner, Movant requests that the

Court grant his Motion to Withdraw.

Respectfully submitted,

By: /s/ Jay A. McKendree Jay A. McKendree Federal Bar No. 24615 Texas Bar No. 24013141 10006 Moorberry Houston, Texas 77080 713/468-2581 - Telephone [phone] - Facsimile

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this pleading has been forwarded to all counsel of record. Terry M. Carroll, Jr. Walker, Keeling & Carrol, L.L.P. 210 East Constitution P.O. Box 108 Victoria, Texas 77902-0108 Via E-filing

/s/ Jay A. McKendree Jay A. McKendree

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