Exhibit A Cochell to Withdraw Doc 1104-1

Case 09-34784-sgj 11 Doc 1015 Filed
12/12/12
Entered
12/12/12
00:06:23 Desc
Main Document Page 1 of 7
Stephen R. Cochell
The Cochell Law Firm, P.C.
Texas Bar No. 24044255
7026 Old Katy Rd., Ste 259
Houston, Texas 77096
(713) 980-8796 (phone)
(713) 980-1179 (facsimile)
srcochel1@cochellfirm.com
ATTORNEY FOR JEFFREY BARON
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
In re: §
§
ONDOVA LIMITED COMPANY
§
§
§
CASE NO. 09-34784-SGJ-11
§
Chapter 11
D~fu~
§
MOTION TO WITHDRAW AS COUNSEL AND
FOR CONTINUANCE OF HEARINGS ON FEES
Stephen R. Cochell, hereby moves to withdraw as counsel for Jeffrey Baron and for
continuance of hearings on fees, and in support, states:
1. On November 24, 2010 the Chapter
11
trustee proceeded in a secret, ex
parte hearing to obtain an ex parte order that seized all of Mr. Baron's
assets including future income and wages, for the express purpose of
preventing Mr. Baron from being able to hire paid counsel to represent
him in these, and all other court proceedings.
2. The Fifth Circuit has heard argument on the matter and is preparing a
ruling as to the propriety, legality and constitutionality of the seizure order
secured by the chapter 11 trustee.
Motion to Withdraw as Counsel and
for Continuance Page 1
Exhibit A
Case 3:09-cv-00988-F   Document 1104-1   Filed 12/14/12    Page 1 of 7   PageID 61703

Case 09-34784-sgj11 Doc 1015 Filed
12/12/12
Entered
12/12/1200:06:23
Desc
Main Document Page 2 of 7
3. The Fifth Circuit has advised this Honorable Court and the District Court
that no significant distribution of any receivership asset should be made
prior to the ruling of the Fifth Circuit and that no sale of any assets subject
to the receivership shall be made prior to the decision of the Fifth Circuit
as to the appeals (and mandamus) now pending before it.
4. So long as Mr. Baron is prohibited from earning income and hiring
counsel of his choice to represent him, he is wholly dependent upon the
rulings of the District Court as to the extent of his representation before
this Court.
5. The undersigned sought, and was granted, an appointment to represent
Mr. Baron for a very limited purpose-- "TO OPPOSE CREA nON OF
[THE] LIQUIDATING TRUST". [Dist. Dkts. 1056 ~ 2, 1066 ~ 1].
6. The undersigned later sought, but was not granted, an appointment to
represent Mr. Baron for the purpose of objecting to fee applications made
by the chapter 11 trustee and his receiver. [Dist. Dkt. 1087].
7. On September 28, 2012, counsel entered an appearance for Mr. Baron in
this proceeding for the limited purpose of representing Mr. Baron on the
Chapter 11 Liquidating Trust Plan. An Expedited Discovery Scheduling
Order was entered by the Court. [Dkt. 858]. That discovery has been
complete.
8. Counsel filed objections to the Chapter 11 Plan and filed several motions
seeking continuance and discovery based on failure to produce court-
ordered documents, investigated issues relating to the Receiver's
Motion to Withdraw as Counsel and
for Continuance
Page 2
Case 3:09-cv-00988-F   Document 1104-1   Filed 12/14/12    Page 2 of 7   PageID 61704