ACCEPTED
06-14-00021-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/30/2015 11:23:51 AM
DEBBIE AUTREY
CLERK
COURT OF APPEALS
FILED IN
FOR THE SIXTH DISTRICT OF TEXAS 6th COURT OF APPEALS
AT TEXARKANA, TEXAS TEXARKANA, TEXAS
10/30/2015 11:23:51 AM
DEBBIE AUTREY
Clerk
NO. 06-14-00021-CV
BRUCE BERG, ET AL.,
Plaintiffs-Appellants,
v.
HALO COMPANIES, INC., ET AL.,
Defendants-Appellees.
MOTION FOR INVOLUNTARY DISMISSAL
Bobby M. Rubarts
State Bar No. 17360330
bobby.rubarts@koningrubarts.com
Bart Sloan (Of Counsel)
State Bar No. 00788430
bart.sloan@koningrubarts.com
KONING RUBARTS LLP
1700 Pacific Avenue, Suite 4500
Dallas, Texas 75201
Telephone: (214) 751-7900
Facsimile: (214) 751-7888
ATTORNEYS FOR APPELLANTS
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.
MOTION FOR INVOLUNTARY DISMISSAL – Page 2
Respectfully submitted,
/s/ Bobby M. Rubarts
Bobby M. Rubarts
State Bar No. 17360330
bobby.rubarts@koningrubarts.com
Bart Sloan (Of Counsel)
State Bar No. 00788430
bart.sloan@koningrubarts.com
KONING RUBARTS LLP
1700 Pacific Avenue, Suite 4500
Dallas, Texas 75201
214.751.7900 (telephone)
214.751.7888 (facsimile)
ATTORNEYS FOR APPELLANTS
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
MOTION FOR INVOLUNTARY DISMISSAL – Page 3