Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 10/30/2015 11:23:51 AM DEBBIE AUTREY Clerk *1 ACCEPTED 06-14-00021-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 10/30/2015 11:23:51 AM DEBBIE AUTREY CLERK COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS
AT TEXARKANA, TEXAS NO. 06-14-00021-CV BRUCE BERG, ET AL.,
Plaintiffs-Appellants, v.
HALO COMPANIES, INC., ET AL.,
Defendants-Appellees. MOTION FOR INVOLUNTARY DISMISSAL
Telephone: (214) 751-7900 Facsimile: (214) 751-7888 *2
TO THE HONORABLE COURT:
Plaintiffs/Appellants, through undersigned counsel, pursuant to Texas Rule
of Appellate Procedure, Rule 42.3(a), hereby move this Court for an Order that the
Appeal brought by Bruce Berg, Stuart Cartner, Kevin Doyle, Walter Haydock,
Edward Leh, Kevin Murphy, Philip Schantz, Dais Partners, LP, Singer Bros., LLC,
Skeleton Lake, LLC, Wildcat Lake Partners, et al. (collectively referred to as the
“Appellants”) be dismissed.
The reason for this involuntary dismissal is that the United States District
Court, Eastern District of Texas, Sherman Division (Case No. 4:11-CV-655),
entered an Order [Dkt. 337] permanently barring all Stewardship Creditors from
continuing and/or or asserting or prosecuting any claims or causes of action against
Halo. That Order is now a final order. Because the Appellants in this action fall
within the definition of “Stewardship Creditors” and because Appellants’ claims
relate to investments made in the Stewardship Investment Plan, it appears that
Appellants are forever barred from pursuing this appeal thereby divesting this
Court of jurisdiction over this appeal.
WHEREFORE, Appellants respectfully request that the Court grant this
Motion for Involuntary Dismissal and that they have such other relief to which
they may be entitled.
Respectfully submitted, /s/ Bobby M. Rubarts 214.751.7900 (telephone) 214.751.7888 (facsimile) CERTIFICATE OF CONFERENCE
I hereby certify that, on August 20-27, 2015, and multiple times thereafter,
that counsel for Appellants conferred with counsel for Appellees about the merits
of the foregoing motion. Counsel for Appellants stated that Appellees are in
agreement with the involuntary dismissal.
/s/ Bobby M. Rubarts CERTIFICATE OF SERVICE I hereby certify that a copy of this document was served upon the attorneys
of record of all parties to the above cause in accordance with the Texas Rules of
Appellate Procedure on this _____ day of October 2015.
/s/ Bobby M. Rubarts