Bruce Berg, Stuart Cartner, Kevin Doyle, Walter Haydock, Edward Leh, Kevin Murphy, Philip Schantz, DAIS Partners, L.P., Singer Bros., L.L.C., Skeleton Lake, L.L.C. and Wildcat Lake Partners v. Halo Companies, Inc., Halo Asset Management, L.L.C., Halo Portfolio Advisors, L.L.C., B. Cade Thompson, Paul Williams, Reif Chron, Tony Chron, Halo Asset Management Genpar II, LLC, and Halo Group, Inc.

• Court: Court of Appeals of Texas
• Decided: October 30, 2015
• Docket: 06-14-00021-CV
• Status: Published

Opinion

ACCEPTED 06-14-00021-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 10/30/2015 11:23:51 AM DEBBIE AUTREY CLERK

COURT OF APPEALS FILED IN FOR THE SIXTH DISTRICT OF TEXAS 6th COURT OF APPEALS AT TEXARKANA, TEXAS TEXARKANA, TEXAS 10/30/2015 11:23:51 AM DEBBIE AUTREY Clerk NO. 06-14-00021-CV

BRUCE BERG, ET AL.,

Plaintiffs-Appellants,

v.

HALO COMPANIES, INC., ET AL.,

Defendants-Appellees.

MOTION FOR INVOLUNTARY DISMISSAL

Bobby M. Rubarts State Bar No. 17360330 bobby.rubarts@koningrubarts.com Bart Sloan (Of Counsel) State Bar No. 00788430 bart.sloan@koningrubarts.com KONING RUBARTS LLP 1700 Pacific Avenue, Suite 4500 Dallas, Texas 75201 Telephone: (214) 751-7900 Facsimile: (214) 751-7888

ATTORNEYS FOR APPELLANTS TO THE HONORABLE COURT:

Plaintiffs/Appellants, through undersigned counsel, pursuant to Texas Rule

of Appellate Procedure, Rule 42.3(a), hereby move this Court for an Order that the

Appeal brought by Bruce Berg, Stuart Cartner, Kevin Doyle, Walter Haydock,

Edward Leh, Kevin Murphy, Philip Schantz, Dais Partners, LP, Singer Bros., LLC,

Skeleton Lake, LLC, Wildcat Lake Partners, et al. (collectively referred to as the

“Appellants”) be dismissed.

The reason for this involuntary dismissal is that the United States District

Court, Eastern District of Texas, Sherman Division (Case No. 4:11-CV-655),

entered an Order [Dkt. 337] permanently barring all Stewardship Creditors from

continuing and/or or asserting or prosecuting any claims or causes of action against

Halo. That Order is now a final order. Because the Appellants in this action fall

within the definition of “Stewardship Creditors” and because Appellants’ claims

relate to investments made in the Stewardship Investment Plan, it appears that

Appellants are forever barred from pursuing this appeal thereby divesting this

Court of jurisdiction over this appeal.

WHEREFORE, Appellants respectfully request that the Court grant this

Motion for Involuntary Dismissal and that they have such other relief to which

they may be entitled.

MOTION FOR INVOLUNTARY DISMISSAL – Page 2 Respectfully submitted,

/s/ Bobby M. Rubarts Bobby M. Rubarts State Bar No. 17360330 bobby.rubarts@koningrubarts.com Bart Sloan (Of Counsel) State Bar No. 00788430 bart.sloan@koningrubarts.com KONING RUBARTS LLP 1700 Pacific Avenue, Suite 4500 Dallas, Texas 75201 214.751.7900 (telephone) 214.751.7888 (facsimile) ATTORNEYS FOR APPELLANTS

CERTIFICATE OF CONFERENCE

I hereby certify that, on August 20-27, 2015, and multiple times thereafter,

that counsel for Appellants conferred with counsel for Appellees about the merits

of the foregoing motion. Counsel for Appellants stated that Appellees are in

agreement with the involuntary dismissal.

/s/ Bobby M. Rubarts

CERTIFICATE OF SERVICE

I hereby certify that a copy of this document was served upon the attorneys

of record of all parties to the above cause in accordance with the Texas Rules of

Appellate Procedure on this _____ day of October 2015.

MOTION FOR INVOLUNTARY DISMISSAL – Page 3