ACCEPTED
01-15-00877-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/22/2015 4:25:39 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00877-CV
__________________________________________________________________
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE FIRST DISTRICT OF TEXAS10/22/2015 4:25:39 PM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk
__________________________________________________________________
IN RE CVR ENERGY, INC., CVR PARTNERS, LP, CVR REFINING, LP,
GARY-WILLIAMS ENERGY COMPANY, LLC
RELATORS
__________________________________________________________________
Original Proceeding
From the 434th Judicial District Court of Fort Bend County, Texas
Cause No. 2013-DCV-209679
The Honorable James H. Shoemake, Presiding
__________________________________________________________________
MOTION FOR ADMISSION PRO HAC VICE
__________________________________________________________________
Phillip D. Sharp Lee M. Smithyman
State Bar No. 18118680 Kansas State Bar No. 09391
MARTIN, DISIERE, JEFFERSON & SMITHYMAN & ZAKOURA, CHARTERED
WISDOM, L.L.P. 750 Commerce Plaza II Building
808 Travis, 20th Floor 7400 West 110th Street
Houston, Texas 77002 Overland Park, Kansas 66210-2362
(713) 632-1700 – Telephone (913) 661-9800 – Telephone
(713) 222-0101 – Facsimile (913) 661-9861 – Facsimile
sharp@mdjwlaw.com lee@smizak-law.com
Application for pro hac admission
pending
1
TO THE HONORABLE COURT OF APPEALS:
Pursuant to Texas Government Code Section 82.0361 and in compliance
with Rule XIX of the Texas Board of Law Examiners, the relators, CVR Energy,
Inc., CVR Partners, LP, and Gary-Williams Energy Company, LLC respectfully
move for the admission pro hac vice of attorney Lee M. Smithyman of the Bar of
the State of Kansas. In support of this Motion, attorney Lee M. Smithyman
submits herewith the acknowledgment letter required by Rule XIX of the Texas
Board of Law Examiners and further states as follows:
1. Mr. Smithyman’s contact information is:
Lee M. Smithyman
SMITHYMAN & ZAKOURA, CHARTERED
750 Commerce Plaza II
7400 West 110th Street
Overland Park, Kansas 66210-2362
Telephone: (913) 661-9800
Facsimile: (913) 661-9863
Email: lee@smizak-law.com
2. Mr. Smithyman will be associated in this proceeding with:
Phillip D. Sharp
Texas State Bar No.18118680
MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P.
808 Travis Street, Suite 2000
Houston, Texas 77002
Telephone: (713) 632-1700
Facsimile: (713) 222-0101
Email: sharp@mdjwlaw.com
2
3. Within the last two (2) years, Mr. Smithyman has appeared or sought
leave to appear or participated in the following cases or causes in Texas courts:
a. In re CVR Energy, Inc. and CVR Refining, LP, Relators, No.
01-15-00715-CV, In the First District Court of Appeals,
Houston, Texas
b. Donald R. Collier, et al. v. CVR Energy, Inc. and CVR
Refining, LP, Cause No. 15-DCV-220330, In the District Court
of Fort Bend County, Richmond, TX, 268th Judicial District
c. Leanna Mann and Kari Smith vs. CVR Energy, et al., Cause
No. 13-DCV-209679, In the District Court of Fort Bend
County, Richmond, TX, 434th Judicial District
d. Unicorn HRO, LLC vs. Pro Pay, LLC, Cause No. 2012-22616,
In the District Court of Harris County, Houston, TX, 61st
Judicial District
4. Mr. Smithyman is licensed or admitted to practice law in, and is an
active member in good standing with the following state and federal jurisdictions:
Court: Admission date:
Kansas April 25, 1977
Missouri May 6, 1991
Oklahoma June 7, 2010
U.S. District Court – District of Kansas April 26, 1977
U.S. Court of Appeals- Tenth Circuit May 13, 1983
U. S. District Court – Western District of Missouri May 13, 1994
United States Supreme Court January 6, 1997
5. Mr. Smithyman has never been the subject of disciplinary actions by
the Bar of the courts of any jurisdiction in which he is licensed. Mr. Smithyman
3
has not been denied admission to the courts of any state or to any federal court
during the past five (5) years.
6. Mr. Smithyman attests that he is familiar with the State Bar Act, the
State Bar Rules, and the Texas Disciplinary Rules of Professional Conduct
governing the conduct of members of the State Bar of Texas. Mr. Smithyman
attests that he will at all times abide by and comply with these rules as long as the
Texas proceeding is pending and he has not withdrawn as counsel in the
proceeding.
7. Pursuant to Texas Rules Governing Admission to the Bar of Texas,
Rule XIX(a), Mr. Smithyman has filed an application for admission pro hac vice
and has paid the filing fee. The Texas Board of Law Examiners’ letter
acknowledging the application is attached hereto as Exhibit A.
Mr. Smithyman has been retained by Relators to appear as additional
counsel in this proceeding before this Court. For the above reasons, Relators
respectfully request that this Motion be granted. This motion is supported by the
attached "Acknowledgment Letter" from the Texas Board of Law Examiners
showing Mr. Smithyman's application for pro hac vice admission to the Texas
Board of Law Examiners and proof of payment of the required fee (Exhibit A) and
the "Motion to Associate Counsel" from the Texas attorney with whom
Mr. Smithyman shall be associated in this proceeding with this Court (Exhibit B).
4
Respectfully submitted,
SMITHYMAN & ZAKOURA, CHARTERED
By: /s/ Lee M. Smithyman
Lee M. Smithyman
KS Supreme Court No. 09391
750 Commerce Plaza II
7400 West 110th Street
Overland Park, KS 66210-2362
Telephone: (913) 661-9800
Facsimile: (913) 661-9863
Email: lee@smizak-law.com
MARTIN, DISIERE, JEFFERSON &
WISDOM, L.L.P.
By: /s/ Phillip D. Sharp
Phillip D. Sharp
Texas State Bar No. 18118680
808 Travis, 20th Floor
Houston, TX 77002
Telephone: (713) 632-1700
Telefacsimile: (713) 222-0101
Email: sharp@mdjwlaw.com
ATTORNEYS FOR CVR ENERGY, INC.,
CVR PARTNERS, LP, CVR REFINING, LP
and GARY-WILLIAMS ENERGY
COMPANY, LLC
5
CERTIFICATE OF COMPLIANCE
This is to certify that this computer-generated Motion for Admission Pro
Hac Vice contains 631 words.
/s/ Philip D. Sharp
Philip D. Sharp
Dated: October 22, 2015
CERTIFICATE OF CONFERENCE
This is to certify that my office has conferred David Medina, lead appellate
counsel for the real parties in interest regarding the relief requested in this motion.
Justice Medina advised that the real parties are unopposed to the relief requested.
/s/ Philip D. Sharp
Philip D. Sharp
Dated: October 22, 2015
6
CERTIFICATE OF SERVICE
I hereby certify that on this October 22, 2015, a true and correct copy of the
Motion for Admission Pro Hac Vice was sent by the method indicated to the
following individuals:
Gary M. Riebschlager via Email gary@riebschlagerlaw.com
THE RIEBSCHLAGER LAW FIRM
801 Congress, Suite 250
Houston, TX 77002
Richard L. Tate via Email: rltate@tate-law.com
Kristin Reis via Email: kreis@tate-law.com
TATE, MOERER & KING, LLP
206 South Second Street
Richmond, TX 77469
Timothy A. Hootman via Email: thootman2000@yahoo.com
2402 Pease St
Houston, TX 77003
713.247.9548; 713.583.9523 (f)
David M. Medina via email: davidmedina@justicedavidmedina.com
THE MEDINA LAW FIRM
5300 Memorial Dr., Ste. 890
Houston, TX 77007
/s/ Philip D. Sharp
Philip D. Sharp
7
A
Board of Law Examiners
Appointed by the Supreme Court of Texas
P.O. Box 13486 * Austin, Texas 78711-3486
Acknowledgment Letter
Non-Resident Attorney Fee
October 21, 2015
To: Lee M. Smithyman
Via: lee@smizak-law.com
According to Texas Government Code §82.0361, “a nonresident attorney
requesting permission to participate in proceedings in a court in this state shall
pay a fee of $250 for each case in which the attorney is requesting to
participate.”
This Acknowledgement Letter serves as proof that the Board of Law
Examiners has received $250 in connection with the following matter:
Non-resident attorney: Lee M. Smithyman
Case: 01-15-00877-CV
Texas court or body: First Court of Appeals Houston TX
After satisfying the fee requirement, a non-resident attorney shall file a
motion in the Texas court or body in which the non-resident attorney is
requesting permission to appear. The motion shall contain the information and
statements required by Rule XIX(a) of the Rules Governing Admission to the Bar
of Texas. The motion must be accompanied by this Acknowledgment Letter and
by a motion from a resident practicing Texas attorney that contains the
statements required by Rule XIX(b).
The decision to grant or deny a non-resident attorney’s motion for permission
to participate in the proceedings in a particular cause is made by the Texas court
or body in which it is filed.
For more information, please see Rule XIX of the Rules Governing Admission
to the Bar of Texas and §82.0361 of the Texas Government Code, which can be
found on the Board’s website.
Sincerely,
Susan Henricks
Executive Director
B
NO. 01-15-00877-CV
__________________________________________________________________
IN THE COURT OF APPEALS
FOR THE FIRST DISTRICT OF TEXAS
HOUSTON, TEXAS
__________________________________________________________________
IN RE CVR ENERGY, INC., CVR PARTNERS, LP, CVR REFINING, LP,
GARY-WILLIAMS ENERGY COMPANY, LLC
RELATORS
__________________________________________________________________
Original Proceeding
From the 434th Judicial District Court of Fort Bend County, Texas
Cause No. 2013-DCV-209679
The Honorable James H. Shoemake, Presiding
__________________________________________________________________
MOTION TO ASSOCIATE COUNSEL
__________________________________________________________________
Phillip D. Sharp
State Bar No. 18118680
MARTIN, DISIERE, JEFFERSON & WISDOM, LLP
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
sharp@mdjwlaw.com
Lee M. Smithyman
Kansas State Bar No. 09391
SMITHYMAN & ZAKOURA, CHARTERED
750 Commerce Plaza II Building
7400 West 110th Street
Overland Park, Kansas 66210-2362
(913) 661-9800 – Telephone
(913) 661-9861 – Facsimile
lee@smizak-law.com
Application for pro hac admission pending
1
TO THE HONORABLE COURT OF APPEALS:
Come now the relators, CVR Energy, Inc., CVR Refining, L.P., and Gary-
Williams (collectively, “CVR”), who hereby file this motion to associate counsel
and move this Court for an Order permitting Lee M. Smithyman, a non-resident
attorney for the State of Texas to practice in the above styled and numbered cause
pursuant to Rule XIX, “Requirements for Participation in Texas Proceedings by a
Non-Resident Attorney of the Texas Board of Law Examiners. As indicated in the
style of the motion and in the certificate of conference below, this motion is
unopposed.
I, Philip D. Sharp, CVR’s Texas counsel in this proceeding find Mr.
Smithyman, a non-resident attorney for the State of Texas to be a reputable
attorney and recommend that he be granted permission to participate in the above-
referenced proceeding before this honorable Court.
MARTIN, DISIERE, JEFFERSON &
WISDOM, L.L.P.
By: /s/ Philip D. Sharp
Phillip D. Sharp
Texas State Bar No. 18118680
808 Travis, 20th Floor
Houston, TX 77002
Telephone: (713) 632-1700
Facsimile: (713) 222-0101
Email: sharp@mdjwlaw.com
COUNSEL FOR RELATORS
2
CERTIFICATE OF COMPLIANCE
This is to certify that this computer-generated Motion to Associate Counsel
contains 139 words.
/s/ Philip D. Sharp
Philip D. Sharp
Dated: October 22, 2015
CERTIFICATE OF CONFERENCE
This is to certify that my office has conferred David Medina, lead appellate
counsel for the real parties in interest regarding the relief requested in this motion.
Justice Medina advised that the real parties are unopposed to the relief requested.
/s/ Philip D. Sharp
Philip D. Sharp
Dated: October 22, 2015
3
CERTIFICATE OF SERVICE
I hereby certify that on this October 22, 2015, a true and correct copy of the
Motion To Associate Counsel was sent by the method indicated to the following
individuals:
Gary M. Riebschlager Via Email gary@riebschlagerlaw.com
THE RIEBSCHLAGER LAW FIRM
801 Congress, Suite 250
Houston, TX 77002
Richard L. Tate Via Email: rltate@tate-law.com
Kristin Reis Via Email: kreis@tate-law.com
TATE, MOERER & KING, LLP
206 South Second Street
Richmond, TX 77469
Timothy A. Hootman via Email: thootman2000@yahoo.com
2402 Pease St
Houston, TX 77003
713.247.9548; 713.583.9523 (f)
David M. Medina via email: davidmedina@justicedavidmedina.com
THE MEDINA LAW FIRM
5300 Memorial Dr., Ste. 890
Houston, TX 77007
/s/ Philip D. Sharp
Philip D. Sharp
4
in Re CVR Energy, Inc., CVR Partners, LP, CVR Refining, LP, Gary-Williams Energy Company, LLC
Combined Opinion