Free Motion to Substitute Attorney - District Court of Federal Claims - federal

Case 1:05-cv-01044-MMS

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FISHERMAN'S HARVEST, INC., C. JOE NELSON, JR., DORIS MAE NELSON, VANESSA JO NELSON VALLEJO, VICKIE JO NELSON SALAZAR, CHILDRESS SEAFOOD, INC., W. F. CHILDRESS AND ALTON LEE KELLY Plaintiffs, V. THE UNITED STATES AND UNITED STATES ARMY CORPS OF ENGINEERS Defendants. ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '

NO. 05-840C (Chief Judge Damich)

PLAINTIFFS' MOTION FOR SUBSTITUTION OF COUNSEL TO THE HONORABLE JUDGE OF SAID COURT: NOW COME Plaintiffs, Childress Seafood, Inc. and W. F. Childress, as Movants herein, and as prescribed by RCFC 83.1(c)(4), request leave of Court to substitute Shannon T. Nash for Paul O'Finan as attorney of record for Plaintiffs, in the above-entitled and numbered cause, and in support thereof, would show the court the following: I. Shannon T. Nash has been employed to represent Plaintiffs. Mr. Nash has been admitted to practice before this Honorable Court. Paul O'Finan has agreed for the withdrawal of his services as the attorney of record for Movants and hereby agrees to the substitution of Shannon T. Nash as attorney of record . This substitution is not sought for delay only. WHEREFORE, PREMISES CONSIDERED, Movants, Childress Seafood, Inc. and W. F. Childress pray for the Court to enter an order substituting Shannon T. Nash for Paul O'Finan, and

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discharging Paul O'Finan as attorney of record for Movants, and for such other and further relief that may be awarded at law or in equity.

APPROVED TO AS TO FORM AND CONTENT:

s/ Paul O'Finan PAUL O'FINAN

Respectfully submitted, By: s/ Shannon T. Nash Shannon T. Nash Southern District of Texas Bar No. 222072 Texas State Bar No. 14811620 TOLLESON & NASH 26510 Keith Street Spring, Texas 77373 (281) 350-3900 (281) 350-9977 [FACSIMILE] [email protected] Attorney for Plaintiffs, Childress Seafood, Inc. W. F. Childress

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing instrument has been served via E-File and/or certified U.S. Mail, return receipt requested, to all counsel of record on this the 3rd day of April, 2007.

s/ Shannon T. Nash Shannon T. Nash E-mail: [email protected]

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David D'Alessandris ATTORNEY FOR THE UNITED STATES AND UNITED STATES ARMY CORPS OF ENGINEERS Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 TEL: (202) 307-1011 FAX: (202) 514-8624 Via Electronic Transmission

KENNETH G. ENGERRAND ATTORNEY FOR WEEKS MARINE, INC. BROWN SIMS, P. C. 1177 West Loop South, Tenth Floor Houston, Texas 77027-9007 (713) 629-1580 (713) 629-5027 (Telecopier) Via Electronic Transmission

Paul O'Finan ATTORNEY OF RECORD FOR CHILDRESS SEAFOOD , INC., W. F. CHILDRESS 9597 Jones Road, #317 Houston, Texas 77065 Phone: (713) 202-1776 Via Electronic Transmission E-Mail: [email protected]

DAVID ERIC BERNSEN

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LAW OFFICE OF DAVID BERNSON, P.C. Post Office Box 822 Beaumont, Texas 77704 (409) 832-1957 (409) 832-2211 [FACSIMILE] E-Mail:[email protected] ATTORNEY FOR PLAINTIFFS, FISHERMAN'S HARVEST, INC., C. JOE NELSON, JR., DORIS MAE NELSON, VANESSA JO NELSON VALLEJO AND VICKIE JO NELSON SALAZAR

A. MARK FAGGARD A. MARK FAGGARD, P.C. 550 Fannin Street, Suite 1141 Beaumont, Texas 77701 (409) 835-4300 (409) 835-4335 [FACSIMILE] [email protected] OF COUNSEL TO ATTORNEY FOR PLAINTIFFS, FISHERMAN 'S HARVEST , INC., C. JOE NELSON , JR., DORIS MAE NELSON , VANESSA JO NELSON VALLEJO AND VICKIE JO NELSON SALAZAR

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

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FISHERMAN'S HARVEST, INC., C. JOE NELSON, JR., DORIS MAE NELSON, VANESSA JO NELSON VALLEJO, VICKIE JO NELSON SALAZAR, CHILDRESS SEAFOOD, INC., W. F. CHILDRESS AND ALTON LEE KELLY Plaintiffs, V. THE UNITED STATES AND UNITED STATES ARMY CORPS OF ENGINEERS Defendants.

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NO. 05-840C (Chief Judge Damich)

AFFIDAVIT OF APPOINTMENT Shannon T. Nash, having been duly sworn, deposes and says: 1. I am submitting this Affidavit in support of the Plaintiffs' Amended Motion for

Substitution of Counsel (hereinafter "Motion") filed by Childress Seafood, Inc. and W. F. Childress, Movants herein. 2. I am over the age of twenty-one (21) years, have never been convicted of a felony,

have personal knowledge of the facts and statements contained herein, and hereby swear that they are true and correct. 3. If called upon to testify as to the facts contained in this Motion, I could and would

testify competently because the facts are personally known to me to be true. 4. I am an attorney licensed to practice in the State of Texas, as well as before this

Honorable Court. My office address is 26510 Keith Street, Spring, Texas 77373. I have personal knowledge of the facts of this case.

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5.

I hereby state that I have read the Motion and that every statement contained therein

is within my personal knowledge and is true and correct. I declare under penalty of perjury and the laws of the United States that the foregoing is true and correct. Further affiant sayeth not. DATED this the 3rd day of April, 2007.

s/ Shannon T. Nash Shannon T. Nash