Gramercy Advisor LLC, Gramercy Asset Management LLC, Gramercy Local Markets Recovery Fund LLC and Gramercy Financial Services LLC v. R. K. Lowery, Jr. L-Falling Creek LLC, Russell A. Chabaud, R-Rac Wimbledon, LLC, John P. Moffitt, J-Jason LLC, Russell A. Chabaud, Trustee of the Russell G. Chabaud 1999 Investment Trust, R- Russell Wimbledon, LLC

• Court: Court of Appeals of Texas
• Decided: December 29, 2014
• Docket: 01-14-00904-CV
• Status: Published

Opinion

FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/29/2014 10:35:32 AM CHRISTOPHER A. PRINE Clerk

EXHIBIT 1 NO.Ol-14-00904-CV

IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS

GRAMERCY ADVISORS LLC, ET AL, Appellants

vs.

R.K. LOWRY, JR., ET AL., Appellees.

Interlocutory Appeal from the so" Judicial District Court, Harris County, Texas Cause No. 2008-74262

DANIEL M. HIBSHOOSH'S MOTION FOR ADMISSION PRO HAC VICE

TO THE HONORABLE mDGE OF SAID COURT:

I, Daniel M. Hibshoosh, file this Motion For Admission Pro Hac Vice before

this Court, under the authority of the Rules Governing Admission to the Bar of

Texas, Rule XIX.

I. FACTS

1. I am associated with David C. Mattka, who will personally participate

in the trial of this case. David C. Mattka is a practicing attorney and a member of

the State Bar of Texas. His State Bar of Texas card number is 13231500 and his

office address, telephone number, facsimile number, and e-mail address are: DANIEL HIBSHOOSH'S MOTION FOR ADMISSION PRO HAC VICE PAGE 1 MHDocs 5824829_1 10862.1 Munsch Hardt Kopf & Harr, P.C., Frost Bank Tower, 401 Congress Avenue, Suite

3050, Austin, Texas 78701; 512-391-6100; 512-391-6149; and

dmattka@munsch.com.

2. The cases and causes in which I have appeared or sought leave to

appear in Texas courts in the last two years are: Cause No. 2008-74262, the

underlying case for the appeal now before this Court.

3. I am licensed to practice law in the following jurisdictions: the Bar of

the State of New York (2004); the United States District Court for the Southern

District of New York (2004); the United States Tax Court (2013); and the United

States Court of Appeals for the Second Circuit (2012). I am in good standing in

each of those jurisdictions.

4. I have not been the subject of disciplinary action in the last five years

by the bar or courts of any jurisdiction in which I have been licensed, and no

discipline has ever been imposed against me in any jurisdiction.

5. I have not been denied admission to the courts of any state or to any

federal court in the preceding five years.

6. I am familiar with the State Bar Act, the State Bar Rules, and the

Texas Disciplinary Rules of Professional Conduct governing conduct of members

of the State Bar of Texas. I will at all times abide by and comply with those rules,

and I have not withdrawn as counsel from the proceeding.

DANIEL HIBSHOOSH'S MOTION FOR ADMISSION PRO HAC VICE PAGE 2 MHDocs 5824829_1 10862.1 7. My office address, telephone number, and facsimile number are:

Daniel M. Hibshoosh O'Shea Partners LLP 521 Fifth Avenue, zs" Floor New York, New York 10175 Tel.: (212) 682-4426 Fax: (212) 682-4437

8. The Non-Resident Acknowledgement Letter dated December 10,

2014, from the Board of Law Examiners is attached to this Motion as Exhibit A.

II. PRAYER

9. For these reasons, I ask this Court to grant my Motion For Admission

Pro Hac Vice and allow me to appear before this Court until the conclusion of this

case.

DANIEL HIBSHOOSH'S MOTION FOR ADMISSION PRO HAC VICE PAGE 3 MHDocs 5824829_1 10862.1 Dated: December 15,2014 Respectfully submitted,

O'SH~R~:LP

By: ~ Daniel M. Hibshoosh 521 Fifth Avenue, 25th Floor New York, New York 10175 Email: dhibshoosh@osheapartners.com (212) 682-4426 (telephone) (212) 682-4437 (facsimile)

MUNSCH HARDT KOPF & HARR, P.C.

BY:~- David C. Mattka (TSB No. 13231500) 401 Congress Avenue, Suite 3050 Austin, Texas 78701 Email: dmattka@munsch.com (512) 391-6100 (telephone) (512) 391-6149 (facsimile)

Attorneys for Appellants Gramercy Advisors LLC, Gramercy Asset Management LLC, Gramercy Local Markets Recovery Fund LLe, Gramercy Financial Services LLC

DANIEL HIBSHOOSH'S MOTION FOR ADMISSION PRO HAC VICE PAGE 4 MHDocs 5824829_1 10862.1 VERIFICATION

STATE OF NEW YORK§ § NEW YORK COUNTY §

BEFORE ME, the undersigned notary, on this day personally appeared

Daniel M. Hibshoosh, who being by me first duly sworn, upon his oath stated that

the Motion For Admission Pro Hac Vice was made based on his personal

knowledge and that the facts contained therein are true and correct.

FURTHER AFFIANT SA YETH NAUGHT.

Signed this 15th day of December 2014.

Daniel M. Hibshoosh

SUBSCRIBED AND SWORN TO BEFORE ME, the this 15th day of December 2014.

Notary Public - State of New York

0)&1-; i NO. 01DE6255959 Qualifled in Kings My Commission Expires coun~1 vt - ~/b) My commission expires:

DANIEL HIBSHOOSH'S MOTION FOR ADMISSION PRO HAC VICE PAGE 5 MHDocs 5824829_1 10862.1 CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5, I certify that

I have served this document on all parties, which are listed below, on December

1/L, 2014 as follows: David R. Deary via e-filing and email davidd@lfdlaw.com W. Ralph Canada, Jr. ralphc@lfdlaw.com Wilson Wray wilsonw@lfdlaw.com Tyler Simpson tylers@lfdlaw.com Lowsinsohn Flegel Deary, LLP 12377 Merit Drive, Suite 900 Dallas, Texas 75251

David C. Mattka

DANIEL HIBSHOOSH'S MOTION FOR ADMISSION PRO HAC VICE PAGE 6 MHDocs 5824829_110862.1 EXHIBIT A 12-10-2014 04:12pm From- T-614 P.001/001 F-145

Board of Law Examiners Apponned by the Supreme Court oft I!JQlJl

Nan-Resident Acknowledgment Letter December 1O~2014

DANIEL M HlBSHOOSH O'SHEA PARTNERS LLP 521 5TH AVENUE 25TH FL. NEW YORK NY 10175-

Application Received: 12/9114 Cause/Texas Court of Record: Ol-14-00904-CV FIRST COURT Ol~APPEALS

FROM: Angus Tilney, Licensure Analyst. 512-463-5409

This letter acknowledges receipt of your Application for Pro Hac Vice admission and serves as your Proof of Payment of Fee.

Filing the Application for Pro Hac Vice Admission and fee is the mandatory first step in your request for permission to participate in proceedings in a Texas Court. The next step is to file a sworn motion, in compliance with Rule XIX of the current Rules Governing Admission to the. Bar of Texas, in the Texas Court in which you request to participate, which must be accompanied by this acknowledgment letter. The decision to grant or deny your application is ultimately made by the Texas Court in which you request to participate.

Majljns Addrs;S$ Street Address PQS~Office ao>: 134S6 ".I.p~on.: 5 12-46l·16~1 F.cslmil~:511-463-5300 W.b5i'.: w_.bl.,$l~'.,IX."' 2.01 Wes~ 14th ScrCCI, 5th FI or Austin, TelCltS7871 hHS6 Austin, Texas 78701