CAUSE NO.: CC-21-05404-C
`
`FELICIA RICKS TINNELL,Individually
`and as Representative of the Estate of
`Raheem Ricks,
`
`Plaintiff,
`
`And
`
`CHADSEDI ROSHELL HOLT,Individually
`and as Representative of the Estate of
`CHRISTIAN LEWIS GUESS, Deceased, and
`As Parent and Next Friend of CDG, a Minor,
`
`Intervenors.
`
`TRINITY INDUSTRIES,INC.;
`TRINITY RAIL GROUP, LLC.; AND
`TRINITY RAIL MAINTENANCE
`SERVICES,INC.
`
`Defendants.
`
`0GRCORCORUGLORCORUGLO?COR6G60?COD6GCODCODGORCODCODUGRCODCOD66RDCO?6GDGn60D4GnUn
`
`1/21/2022 3:16 PM
`JOHN F. WARREN
`COUNTY CLERK
`DALLAS COUNTY
`
`IN THE COUNTY COURT
`
`AT LAW NO. 3
`
`DALLAS COUNTY, TEXAS
`
`INTERVENORS’ UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE
`
`Pursuant to the Rules Governing Admission to the Bar of Texas, Intervenors Chadsedi
`
`Roshell Holt, Individually and as Representative of the Estate of Christian Lewis Guess, Deceased,
`
`and As Parent and NextFriend of CDG, a Minor, respectfully request that Jack L. Stipe, attorney
`
`with the law firm of Stipe & Belote, LLP, and Timothy Dwight Maxcey,attorney with the Stipe
`
`Law Firm, be admitted pro hac vice in the above-captioned case. This Motion is unopposed by
`
`Plaintiff and Defendants. In support of such request, Movants would show the Court as follows:
`
`INTERVENORS’ UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE - Page 1
`
`
`
`1.
`
`1.
`
`Jack L. Stipe and Timothy Dwight Maxceyare associated with the following Texas
`
`attorneys, and Intervenor’s undersigned counsel, who will personally participate in the litigation
`
`of this case:
`
`Mr. Karl W. Koen
`State Bar No.: 11652275
`Karl. Koen@gkbklaw.com
`14643 Dallas Parkway, Suite 500
`Dallas, Texas 75254
`(972) 630-4620 — Telephone
`(972) 630-4669 — Facsimile
`GAUNTT, KOEN, BINNEY & KIDD, L.L.P.
`
`2.
`
`Jack L. Stipe’s contact informationis:
`
`Stipe & Belote, LLP
`One Benham Place
`9400 Broadway Extension, Suite 420
`Oklahoma City, OK 73114
`(405) 607-1790
`(405) 607-1796-Fax
`jstipe@stipelawokc.com
`
`3.
`
`Timothy Dwight Maxcey’s contact informationis:
`
`Stipe Law Firm
`343 E. Carl Albert Parkway
`McAlester, OK 74501
`(918)423-0421
`(918)423-0266-Fax
`tmaxcev@stipelaw.com
`
`II.
`
`4.
`
`Jack L. Stipe and Timothy Dwight Maxcey have not appeared nor sought leave to appear
`
`or participate in Texas Courts in the past two years.
`
`5.
`
`Jack L. Stipe and Timothy Dwight Maxceyare licensed and is a memberin good standing
`
`in the State of Oklahoma.
`
`INTERVENORS’ UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE - Page 2
`
`
`
`6.
`
`Jack L. Stipe and Timothy Dwight Maxceyhave not beenthe subject of disciplinary action
`
`by the baror courts of any jurisdiction in which they have beenlicensed. Jack L. Stipe and Timothy
`
`Dwight Maxcey have not been denied admission to the courts of any state or to any federal court
`
`during the preceding five years. Jack L. Stipe and Timothy Dwight Maxceyare familiar with the
`
`Texas State Bar Act, the Texas State Bar Rules, and the Texas Disciplinary Rules of Professional
`
`Conduct governing the conduct of members of the State Bar of Texas and will at all times abide
`
`by and comply with the same so long as this cause is pending and they have not withdrawn as
`
`counsel for the proceeding.
`
`Il.
`
`7.
`
`Attached to this Motion is a proof of payment for Jack L. Stipe’s and Timothy Dwight
`
`Maxcey’s application for pro hac vice admission, issued by the Texas Board of Law Examiners.
`
`See Exhibits A and B, respectively, attached hereto.
`
`Jack L. Stipe’s and Timothy Dwight
`
`Maxcey’s Certificates of Good Standing with their State Bar are attached as Exhibits C and D.
`
`Jack L. Stipe’s , Timothy Dwight Maxcey’s and Karl W. Koen’s verifications for said motion are
`
`attached as Exhibits E, F and G.
`
`WHEREFORE, Movants, Jack L. Stipe, Timothy Dwight Maxcey and Intervenors, seek
`
`the admission pro hac vice to participate before this Court in the above-captioned cause.
`
`Respectfully submitted,
`
`STIPE & BELOTE, LLP
`
`/s/Karl W. Koen
`
`JAMES ALLEN BELOTE
`State Bar No.: 02108450
`jbelote@stipelawokc.com
`
`One Benham Place
`9400 Broadway Extension, Suite 420
`Oklahoma City, OK, 73114
`(405) 607-1790 - Telephone
`
`INTERVENORS’ UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE - Page 3
`
`
`
`(405) 607-1796 — Facsimile
`
`And
`
`GAUNTT, KOEN, BINNEY & KIDD, LLP
`
`KARL W. KOEN
`State Bar No.: 11652275
`Karl.Koen@gkbklaw.com
`
`14643 Dallas Parkway, Suite 500
`Dallas, Texas 75254
`(972) 630-4620 — Telephone
`(972) 630-4669 — Facsimile
`
`ATTORNEYS FOR INTERVENOR
`CHADSEDI ROSHELL HOLT,
`INDIVIDUALLY AND AS
`REPRESENTATIVE OF THE ESTATE OF
`CHRISTIAN GUESS, AND AS NEXT FRIEND
`OF CDG, A MINOR
`
`CERTIFICATE OF CONFERENCE
`
`I, the undersigned attorney, hereby certify to the Court that I have conferred with opposing
`
`counsel in an effort to resolve the issues contained in this motion without the necessity of Court
`
`intervention, and opposing counsel has indicated that he does not oppose this motion.
`
`/s/Karl W. Koen
`KARL W. KOEN
`
`INTERVENORS’ UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE - Page 4
`
`
`
`CERTIFICATE OF SERVICE
`
`I herebycertify that a true and correct copy of the foregoing document was forwarded to
`
`the following counsel of record pursuantto the Texas Rules of Civil Procedure,as indicated below,
`
`on this the 21* day of January, 2022.
`
`Via ProDoc E-Filing
`Charla G. Aldous
`Brent Walker
`Caleb Miller
`Aldous\Walker LLP
`4311 Oaklawn Ave., Suite 150 B
`Dallas, Texas 75219
`
`Via ProDoc E-Filing
`Bryan D. Pope
`Larry F. Taylor
`The Cochran Firm-Dallas, PLLC
`400 Carlisle St. Suite 550
`Dallas, Texas 75204
`
`Mr. Jeffrey M. Tillotson
`Tillotson Law
`1807 Ross Avenue, Suite 325
`Dallas, Texas 75201
`
`Via ProDoc E-Filing
`Ronald W. Breaux
`Anne M. Johnson
`Charles M. Johnson
`Andrew Guthrie
`Haynes & Boone, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`
`
`/s/Karl W. Koen
`
`KARL W. KOEN
`
`INTERVENORS’ UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE - Page 5
`
`
`
`Board of Law Examiners
`
`Appointed by the Supreme Court of Texas
`
`January 20, 2022
`
`Jack Stipe
`Via: E-Mail
`
`AcknowledgmentLetter
`
`Non-Resident Attorney Fee
`
`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: Jack Stipe
`
`Case: CC-21-05404-C
`
`Texas court or bady: Dallas County, Court No. 3
`
`After satisfying the fee requirement, a non-resident attomey shail file a motion in the Texas court or body in which
`the non-residentattorney is requesting permission to appear. The motion shall contain the information and statements
`required by Rule 19(a) of the Rules Governing Admissionto 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 19(b).
`Thedecision to grant or deny a non-resident attorney's motion for permissionto participate in the proceedingsin
`a particular cause is made by the Texas court or body in whichitis filed.
`For more information, please see Rule 19 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.
`
`Cordially,
`
`Nahdval- ar
`
`Nahdiah Hoang
`Exccutive Director
`
`
`
`
`
`MAILING ADDRESS TELEPHONE: 512+ 463-1621»FACSIMILE: 512- 463-5300 STREET ADDRESS
`
`Post Office Box 13486
`
`Austin,Texas 78711-3486
`
`WEBSITE: www.ble.texas.gov
`
`205 West [4th Street, Ste.500
`
`Austin, Texas 78701
`
`
`
`
`
`Board of Law Examiners
`
`Appointed by the Supreme Court of Texas
`
`January 20, 2022
`
`Timothy D. Maxcey
`Via: E-Mail
`
`AcknowledgmentLetter
`
`Non-Resident Attorney Fee
`
`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 whichthe attorneyis requesting
`to participate.”
`
`This AcknowledgementLetter serves as proof that the Board of Law Examinershas received $250 in
`connection with the following matter:
`
`Non-resident attorney: Timothy D. Maxcey
`
`Case: CC-21-05404-C
`
`Texas court or body: County Court at Law No.3, Dallas County
`
`After satisfying the fee requirement, a non-residentattorney shall file a motion in the Texas court or body in which
`the non-resident attorney is requesting permission to appear. The motionshall contain the information and statements
`required by Rule 19(a) of the Rules Governing Admission to the Bar of Texas. The motion must be accompanied
`by this AcknowledgmentLetter and by a motion from a resident practicing Texas attorney that contains the
`statements required by Rule 19(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 whichitis filed.
`For more information, please see Rule 19 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.
`
`Cordially,
`
`Nohdual rs
`
`Nahdiah Hoang
`Executive Director
`
`MAILING ADDRESS
`
`Post Office Box 13486
`
`Austin.Texas 78711-3486
`
`TELEPHONE:512- 463-1621 - FACSIMILE: 312+ 463-3300
`
`STREET ADDRESS
`
`WEBSITE: www ble.texas.gov
`
`205 West 14th Street, Ste500
`
`Austin, Texas 78701
`
`
`
`
`
`
`OKLAHOMABAR ASSOCIATION
`Office of the General Counsel
`
`CERTIFICATE
`
`) )
`
`)
`
`STATE OF OKLAHOMA
`
`COUNTY OF OKLAHOMA
`
`Gina L. Hendryx, being duly sworn, deposes and says:
`
`Thatshe is the General Counsel of the Oklahoma Bar Association, under the Rules Creating
`and Controlling the Oklahoma Bar Association as adopted and promulgated by the Supreme Court
`of the State of Oklahoma, and as such has access to the records and files showing the date of
`admission and the standingofall attorneys admitted to practice by the Supreme Court.
`
`That JACK LEE STIPE, OBA #17965, was admitted to the practice of law by the Supreme
`Court of Oklahoma on September 30, 1999 and is an active member in good standing of the
`Oklahoma Bar Association.
`
`SYL.Hendryx
`
`General Counsel
`
`The foregoing was subscribed and sworn to before me under penalty of perjury pursuant
`to the laws ofthe State of Oklahomaon the 18" day of January, 2022 by Gina L. Hendryx.
`
`B52Aig——NOTARY PUB
`
`My Commission Expires:
`10/21/2023
`
`Commission Number:
`19010584
`
`oonbor!
`
`3 Sonaas}<f
`ae tugse OF
`inGeoe
`
`www.okbar.org
`
`1901 North Lincoln Blvd.
`P.O. Box 53036
`
`Oklahoma City, OK 73152-3036
`office 405.416.7007
`fax 405.416.7003
`
`toll free 800.522.8065
`
`
`
`OKLAHOMABAR ASSOCIATION
`
`Office of the General Counsel
`
`CERTIFICATE
`
`) )
`
`)
`
`STATE OF OKLAHOMA
`
`COUNTY OF OKLAHOMA
`
`Gina L. Hendryx, being duly sworn, deposes and says:
`
`Thatsheis the General Counsel of the Oklahoma Bar Association, under the Rules Creating
`and Controlling the Oklahoma Bar Association as adopted and promulgated by the Supreme Court
`of the State of Oklahoma, and as such has access to the records and files showing the date of
`admission andthe standingofall attorneys admitted to practice by the Supreme Court.
`
`That TIMOTHY DWIGHT MAXCEY, OBA #13567, was admitted to the practice of law
`by the Supreme Court of Oklahoma on September 20, 1989 and is an active member in good
`standing of the Oklahoma Bar Association.
`
`
` ind L. Hendryx
`
`General Counsel
`
`The foregoing was subscribed and sworn to before me under penalty of perjury pursuant
`to the laws of the State of Oklahomaon the 18" day of January, 2022 by Gina L. Hendryx.
`
`aNOTARY PUBI¢
`
`My Commission Expires:
`10/21/2023
`
`os
`Commission Number:
`19010584
`
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`www.okbar.org
`
`1901 North Lincoln Blvd.
`P.O. Box 53036
`
`Oklahoma City, OK 73152-3036
`office 405.416.7007
`fax 405.476.7003
`
`toll free 800.522.8065
`
`
`
`VERIFICATION
`
`§ §
`
`§
`
`THE STATE OF OKLAHOMA
`
`COUNTY OF OKLAHOMA
`
`BEFORE ME,the undersigned authority, a notary public, on this day personally appeared
`Jack L.Stipe, known to me, who being by mq duly sworn on his oath, deposed and said thatheis
`over the age of 18, fully competent to make thls affidavit, he has read the foregoing Motion, heis
`personally acquainted with the facts therein;
`and every statement contained in the Motion within
`
`his knowledgeis true and correct.
`
`SUBSCRIBED AND SWORN TO BEFORE ME this
`the
`o20 day of
`)an“atu
`, 2022, to certify which witness my hand andofficial seal.
`
`Mi
`
`_—
`
`Notary Public, State of Oklahoma
`
`utndttayy,
`one MOL
`Expires: fae
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`VERIFICATION
`
`§§
`
`§
`
`THE STATE OF OKLAHOMA
`
`COUNTYOF PITTSBURG
`
`BEFORE ME,the undersigned authority, a notary public, on this day personally appeared
`Timothy D. Maxcey, known to me, who being by me duly sworn onhis oath, deposed and said
`that he is over the age of 18, fully competent to make this affidavit, he has read the foregoing
`Motion, he is personally acquainted with the facts therein; and every statement contained in the
`Motion within his knowledgeis true and correct.
`
`es
`
`*
`
`EW
`
`~
`
`TIMOTHY D.
`
`CEY
`
`
`
`SUBSCRIBED AND SWORN TO BEFORE ME this
`
`the
`
`coh
`
`day of
`
`Sanyal’4
`
`; 2022, to certify which witness my hand andofficial seal.
`
`
`
`My Commission Expires:
`
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`COMMISSION 404003747
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`47312024
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`
`
`THE STATE OF TEXAS=§
`
`COUNTY OF DALLAS
`
`§
`
`VERIFICATION
`
`BEFORE ME,the undersigned authority, 2 notary public, on this day personally appeared
`Karl W. Koen, known to me, who being by me duly sworn on his oath, deposed and said that he
`
`
`is over the age of 18, fully competent to make this affidavit,hghas readtheforegoing Motion, he
`is personally acquainted with the facts therein; and every
`sfatement copfained in the Motion is
`within his knowledgeis true and correct.
`
`
`
`SUBSCRIBED
`
`AND SWORN TO BEFORE ME this
`
`the oy07~day of
`
`, 2022, to certify which witness my hand andofficialseal.
`
`Notary Public, State of Tex
`
`My Commission Expires:
`/O0 - 62-3O0BY
`
`
`
`
`
`
`
`ti, MELISSA CAMPOS SHAFFER
`
`
`.
`oe Motay Publis Sunto of Texas
`
`
`sate LOU: Exptce 10-02-2024
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`Watery ID 175964731
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`
`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the personslisted below. The rules governing
`certificates of service have not changed. Filers muststill provide a
`certificate of service that complies with all applicable rules.
`
`Karl Koen on behalf of Karl Koen
`Bar No. 11652275
`karl.koen@gkbwklaw.com
`Envelope ID: 61044191
`Status as of 1/21/2022 3:30 PM CST
`
`Case Contacts
`
`Name
`
`Sha’Huni Robinson
`
`
`
`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the personslisted below. The rules governing
`certificates of service have not changed. Filers muststill provide a
`certificate of service that complies with all applicable rules.
`
`Karl Koen on behalf of Karl Koen
`Bar No. 11652275
`karl.koen@gkbwklaw.com
`Envelope ID: 61044191
`Status as of 1/21/2022 3:30 PM CST
`
`Case Contacts
`
`Taylor Levendusky po tlevendusky@stipelawokc.com|1/21/2022 3:16:07 PM|SENT Amanda Woods
`
`
`
`amanda@stipelaw.com 1/21/2022 3:16:07 PM|SENT
`
`Associated Case Party: TRINITY INDUSTRIES, INC.
`
`[ee[BaeEeene
`LSa
`Ga
`
`
`
`Porcine|[eiseioasrnionecon|TVETETF[ENT
`GMi
`
`Associated Case Party: C.D.G.
`
` JAMES A.BELOTE po jbelote@stipelawokc.com|1/21/2022 3:16:07 PM|SENT
`
`
