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CAUSE NO. 10-11915
PLAINTIFF’S MOTION TO STRIKE INTERVENTION
COMES NOW Jeffrey Baron (“Baron
"
)
,
and files Plaintiff’s Motion to Strike Pleas in
Intervention of Lyon and Taylor and would respectfully show the Court as follows:
1. On July 3, 2014, Gary Lyon (“Lyon”) filed a Plea in Intervention
2. On May 8, 2014, Powers Taylor, LLP (“Taylor”) filed a Plea in Intervention
(Collectively, Lyon, Taylor are hereinafter referred to as the “Interveners”)
3. Gary Lyon is a client of Defendants Gerrit Pronske and PGK. Mr Lyon, not licensed by
the state Bar of Texas, entered into a written contract with Mr. Baron to provide legal services in
the state of Texas. In 2010, Mr. Lyon released all claims against Baron and executed an accord
and satisfaction with Mr. Baron. Despite this agreement and release, Mr. Lyon made a fraudulent
claim in the receivership action along with Defendants Pronske and PGK, falsely claiming $____
against Mr. Baron. After being rebuffed by the 5th Circuit Court of Appeals in December 2012,
Mr. Lyon took his same fraudulent claim to the bankruptcy court, filing an involuntary
bankruptcy petition against Baron. The petition was dismissed for lack of standing.
JEFF BARON,
Plaintiff,
v.
GERRIT M. PRONSKE, INDIVIDUALLY
AND PRONSKE & PATEL, P.C.
Defendants.
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IN THE DISTRICT COURT,
DALLAS COUNTY, TEXAS
193
rd
JUDICIAL DISTRICT
FILED
DALLAS COUNTY
8/28/2014 10:45:48 PM
GARY FITZSIMMONS
DISTRICT CLERK
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4. Taylor and Powers is a client of Defendants Gerrit Pronske and PGP. Taylor and Powers
represented Baron in a civil action. Taylor and Powers have a written engagement agreement
with Baron and have been paid in full in accordance with the agreement. Taylor and Powers sent
Baron confirmation that they considered Baron to have fully complied with the agreement. After
being solicited by Lyon and Pronske, Taylor made a groundless claim in the bankruptcy court
and in the receivership action suddenly alleging an additional $_____ in fees. After being
rebuffed by the 5th Circuit Court of Appeals in December 2012, Taylor took his same groundless
claim to the bankruptcy court, filing an involuntary bankruptcy petition against Baron. The
petition, like his claim in the receivership was dismissed for lack of standing.
5. A suit is currently pending in the bankruptcy court against Mr. Lyon, Mr. Taylor and Mr.
Pronske for attorney fees and damages resulting from their bad faith filing of the involuntary
bankruptcy against Baron. Defendants Pronske and PGK represent Mr. Lyon and Mr. Taylor in
the bankruptcy court suit.
6. As much as Defendants Pronske and PGK desire them to participate and complicate this
proceeding, the Intervenors do not have standing to intervene. An intervening party must
demonstrate a “justicable interest” in the pending suit. In re Union Carbine Corp., 273 S.W.3d
152, 155 (Tex. 2008); Mendez v. Brewer, 626 S.W.2d 498, 499 (Tex. 1982); Zeifman v. Michels,
229 S.W.3d 460, 464 (Tex. App.-Austin 2007, pet. denied). The Intervenors have not and cannot
do so.
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7. The Texas Supreme Court explained the "justiciable interest" requirement: “Because
intervention is allowed as a matter of right
1,
the “justiciable interest” requirement is of paramount
importance: it defines the category of non-parties who may, without consultation with or
permission from the original parties or the court, interject their interests into a pending suit to
which the intervenors have not been invited” Union Carbide at 154-55 (internal citations
omitted) (emphasis added).
8. In Union Carbide, the Texas Supreme Court had an opportunity to examine an
intervention similar to that of the Interveners in this case. In rejecting such intervention, the
Court explained that disruptive interlopers are not entitled to intervene in a cause, keenly
observing that “[t]he intervenor’s interest must be such that if the original action had never been
commenced, and he had first brought it as the sole plaintiff, he would have been entitled
to recover in his own name to the extent at least of a part of the relief sought” in