Martin Thomas
P.O. Box 36528
Dallas, TX 75235
Phone 214 951 9466
Fax 214 951 9007
State Bar 19859650
IN THE UNITED STATES BANKRUPTCY COURT FOR THE
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ONDOVA LIMITED COMPANY CASE NO. 09-34784-SGJ-11
DEBTOR CHAPTER 11
MOTION TO SUBSTITUTE
AND TO RECONSIDER EMPLOYMENT OF
GARY LYONS AS SOLE ATTORNEY FOR JEFF BARON
Comes now Jeff Baron (“Baron”) and for his AMENDED MOTION TO SUBSTITUTE
AND TO RECONSIDER EMPLOYMENT OF GARY LYONS AS SOLE ATTORNEY FOR
JEFF BARON states and alleges:
1. Baron does not seek this substitution for the purpose of delay or to negatively
effect the Global Settlement Agreement. In point of fact, he wants the Global Settlement
Agreement to be fully implemented.
2. However, after the Global Settlement Agreement, there will be matters remaining
in the bankruptcy that Mr. Lyon is not licensed to handle and therefore Baron wants to replace
Mr. Lyon as lead counsel for Baron in this matter.
3. On September 15, 2010, this Court ordered that Jeff Baron not be allowed to
retain counsel of his choice.
4. The Court ruled on that date that the only attorney who could represent Mr. Baron
in this matter was Gary Lyon and that Martin Thomas could not participate in this bankruptcy.
5. However, the Court did not then consider that Mr. Lyon is not admitted to
practice law by the State of Texas. He does represent that he has been admitted to the United
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States District Court for the Northern District of Texas (and thereby to the U.S. Bankruptcy
Court in this matter).
6. While bankruptcy is initially federal law, many aspects of cases are determined by
state law.
7. Without limitation, this Court has issued two Show Cause Orders implicating
Texas State criminal law.
8. Additionally, state law may control the attorney fee issues raised by Gerrit
Pronske as well as the evaluation of claims.
9. Mr. Lyon has advised Baron that Mr. Lyon is admitted only in the State of
Oklahoma and that the Oklahoma Supreme Court requires that when an attorney licensed only in
Oklahoma appears in the courts of another state (including the Federal Courts located in a state
other than Oklahoma) the Oklahoma lawyer must associate with an attorney licensed in that state
for the purpose of any non-Oklahoma state law issues.
10. Additionally, Baron asked the Court on September 22, 2010 to allow him to be
represented Mr. Thomas at the show cause hearing because Mr. Lyon had not previously
handled a show cause hearing and Mr. Thomas had. Baron had asked Mr. Lyon to assert the
objections stated in Exhibit “A” but Mr. Lyon failed to do so. Baron believes the same
objections should be asserted as to the Show Cause Order issued on September 27, 2010.
11. Mr. Thomas has been paid in full for his services through September 30, 2010 and
agrees not to assert any future non-payment in this bankruptcy.
Wherefore, Baron prays that the Court reconsider its prior rulings in light of Mr. Lyon’s
not being licensed to practice law in the State of Texas and that Martin Thomas be substituted as
his lead counsel of record in this matter.
Dated: September 28, 2010 Respectfully submitted,
MOTION TO SUBSTITUTE AND TO RECONSIDER EMPLOYMENT OF
GARY LYONS AS SOLE ATTORNEY FOR JEFF BARON - Page NO.: 2
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/s/ Martin K. Thomas
Martin Thomas
P.O. Box 36528
Dallas, TX 75235
Phone 214 951 946
Fax 214 951 9007
State Bar 19859650
CERTIFICATE OF SERVICE
I hereby certify that I served all parties who have entered an electronic appearance in this
matter via the ECF filing system this September 29, 2010
/s/ Martin K. Thomas
CERTIFICATE OF CONFERENCE
The undersigned counsel hereby certifies that he conferred with Ray Urbanik on
September 30, 2010 and that Mr. Urbanik said that the Trustee, Daniel Sherman, will not oppose
the relief requested in this motion. The Trustee was the only party who objected to the
withdrawal of Mr. Pronske (on the basis that he objected to any replacement attorney) and
therefore appears to be the only party with an interest in this motion. Mr. Gary Lyon has not
advised the undersigned of whether he opposes the motion. Additionally, under Local
Bankruptcy Rule 9014-1 a conference is not required when it is reasonably anticipated that the
number of opposing parties may be too numerous to contact prior to the filing of the motion.
Because of the large number of signatories to the Global Settlement Agreement, Baron does not
believe that further conferences are required on this motion.
/s/ Martin K. Thomas
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