Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/8/2015 9:14:00 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00375-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/7/2015 6:48:55 PM CHRISTOPHER PRINE CLERK CAUSE NO. 01-15-00375-CV ________________________________________ IN THE FIRST COURT OF APPEALS IN HOUSTON, TEXAS ________________________________________ L OST C REEK V ENTURES , LLC D / B / A H APPY B ULLDOG M ANAGEMENT ; S TEPHAN

E PSTEIN , AND M ARILYN R OTH E PSTEIN , Appellants, v.

A LAN P ILGRIM , Appellee.

________________________________________ On Appeal from the County Court at Law No. 2 in Travis County, Texas

Transferred from the Third Court of Appeals in Austin, Texas ________________________________________ UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR

APPELLANTS ________________________________________ Willi Law Firm, P.C.

9600 Escarpment Blvd., Suite 745, PMB 34 Austin, TX 78749-1983 Tel. (512) 288-3200 Fax (512) 288-3202 twilli@willi.com ATTORNEY FOR LOST CREEK VENTURES, LLC D/B/A HAPPY BULLDOG MANAGEMENT; STEPHAN EPSTEIN, AND MARILYN ROTH EPSTEIN *2 UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR

APPELLANTS

Tracy J. Willi files this Motion to Withdraw as Counsel for Lost Creek

Ventures, LLC d/b/a Happy Bulldog Management, Stephan Epstein, and Marilyn

Roth Epstein, Appellants, and would show this Court as follows.

Pursuant to Rule 6.5 of the Texas Rules of Appellate Procedure, Tracy J.

Willi and Willi Law Firm, P.C., request this Court to grant an order withdrawing as

counsel of record for the Appellants.

The list of current deadlines is as follows:

The trial court in this case entered judgment on November 10, 2014. The

Appellants’ Brief was due on September 4, 2015. Concurrently with this motion to

withdraw, counsel for Appellants has filed an unopposed motion for extension of

time to file the Appellants’ Brief to move the deadline to October 5, 2015. The

motion for extension is filed so that Appellants will have time to find new counsel,

if they choose to do so.

The last known address and telephone for the Appellants is as follows:

Lost Creek Ventures, LLC d/b/a Happy Bulldog Management

Stephan Epstein

Marilyn Roth Epstein

7519 Stonecliff Dr.

Austin, TX 78731

512-476-5951

A copy of this motion has been delivered to the Appellants as stated in the

Certificate of Service below. The Appellants have been notified in writing of their

right to object to the motion.

Good cause exists for this motion to withdraw because the Appellants have

had difficulty coming up with money to pay their attorney to pursue this appeal.

As of September 7, 2015, the Appellants have been unable to pay their attorney for

outstanding fees incurred.

Upon the granting of this motion, the withdrawing attorney will immediately

notify the Appellants, in writing, of any deadlines or settings that the attorney

knows about at the time of withdrawal but that were not previously disclosed to the

party. The withdrawing attorney will file a copy of that notice with the Court’s

clerk.

Tracy J. Willi and Willi Law Firm, P.C., request this Court to grant an order

stating that Tracy J. Willi and Willi Law Firm, P.C. are hereby withdrawn from

this case.

Respectfully submitted, /s/ Tracy J. Willi Tracy J. Willi Texas Bar No. 00784633 Willi Law Firm, P.C.

9600 Escarpment Blvd., Suite 745, PMB 34 Austin, TX 78749-1983 Tel. (512) 288-3200 Fax (512) 288-3202 twilli@willi.com ATTORNEY FOR LOST CREEK VENTURES, LLC D/B/A HAPPY BULLDOG MANAGEMENT; STEPHAN EPSTEIN, AND MARILYN ROTH EPSTEIN CERTIFICATE OF CONFERENCE I hereby certify that I conferred with opposing counsel, Lisa Bowlin Hobbs,

and she is not opposed to this motion.

/s/ Tracy J. Willi *5 CERTIFICATE OF SERVICE ON APPELLANTS I hereby certify that this motion was served on Appellants by certified and

first-class mail to the Appellants’ last known address as follows:

Lost Creek Ventures, LLC d/b/a Happy Bulldog Management

Stephan Epstein

Marilyn Roth Epstein

7519 Stonecliff Dr.

Austin, TX 78731

512-476-5951

/s/ Tracy J. Willi Tracy J. Willi CERTIFICATE OF FILING AND SERVICE ON OPPOSING COUNSEL

I hereby certify that this document was filed with Clerk of Court through the

Court’s electronic filing system (“efs”) and served on all counsel of record through

efs or, if counsel is not registered for efs, then by email on September 7, 2015 as

follows:

Lisa Bowlin Hobbs

Kuhn Hobbs, PLLC

3307 Northland Drive, Suite 310

Austin, TX 78731

(512) 476-6003

(512) 476-6002 (fax)

Lisa@kuhnhobbs.com

COUNSEL FOR APPELLEE, ALAN PILGRIM

/s/ Tracy J. Willi