IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS - AUSTIN DIVISION FUNDSXPRESS FINANCIAL NETWORK, INC. Plaintiff, v. DIGITAL INSIGHT CORPORATION, ET AL. Defendants. DEFENDANT RONALD GOFFMAN'S AGREED MOTION TO WITHDRAW AND TO SUBSTITUTE COUNSEL TO THE HONORABLE SAM SPARKS, UNITED STATES DISTRICT JUDGE: COMES NOW Defendant Ronald Goffman, along with counsel, and files this his Agreed Motion to Withdraw and Substitute Counsel, and in support would show the following: Defendant wishes to allow his current attorneys of record to withdraw and substitute them with new counsel. This substitution is not being made for purposes of delay. Defendant's current counsel is: Barry K. Bishop State Bar No. 02346000 Clark, Thomas & Winters, A Professional Corporation P.O. Box 1148 Austin, Texas 78767-1148 & John W. Cotton Aaron C. Gundzik Cotton & Gundzik LLP 725 South Figueroa Street, 34th Floor Los Angeles, California 90017 Defendant wishes to substitute the following counsel as his counsel of record: A. Boone Almanza State Bar No. 01579001 Bo Blackburn State Bar No. 24006853 Akin & Almanza, L.L.P. 1717 West Sixth Street, Suite 230 Austin, Texas 78703 Defendant's counsel has consulted with counsel for the Plaintiff and other Defendants, who agree to the relief sought herein. WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court grant his Agreed Motion to Withdraw and Substitute Counsel and grant Defendant all such other relief to which he may show himself justly entitled. Respectfully submitted, Barry K. Bishop State Bar No. 02346000 Clark, Thomas & Winters, A Professional Corporation P.O. Box 1148 Austin, Texas 78767-1148 & John W. Cotton Aaron C. Gundzik Cotton & Gundzik LLP 725 South Figueroa Street, 34th Floor Los Angeles, California 90017 A. Boone Almanza State Bar No. 01579001 Bo Blackburn State Bar No. 24006853 Akin & Almanza, L.L.P. 1717 West Sixth Street, Suite 230 Austin, Texas 78703 (512) 474-9486 (512) 478-7151 FAX ATTORNEYS FOR DEFENDANT RONALD GOFFMAN CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been sent certified mail, return receipt requested or first-class mail to all counsel of record listed below on this the 6th day of September, 2002. R. James George, Jr. Nanneska N. Hazel George & Donaldson, L.L.P. 114 West 7th Street, Suite 1100 Austin, Texas 78701 via CMRRR Martha Dickie Minton, Burton, Foster & Collins A Professional Corporation 1100 Guadalupe Street Austin, Texas 78701 via First-Class Mail Barry K. Bishop Clark, Thomas & Winters, A Professional Corporation P.O. Box 1148 Austin, Texas 78767-1148 via First-Class Mail John W. Cotton Cotton & Gundzik Cotton & Gundzik LLP 725 South Figueroa Street, 34th Floor Los Angeles, California 90017 via First-Class Mail A. Boone Almanza