Auglle, L.L.C., Wrap It Up, L.L.C., James A. McVey, Jr., Individually, and Valdis Karlis Gravis Krumins, Individually v. David A. Monroe, E-Watch Corporation, E-Watch, Inc., and the Telesis Group, Inc., Each Individually and as Member of Power Surveillance Corporation, L.L.C.

Opinion

ACCEPTED

04-15-00435-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

8/13/2015 4:51:22 PM

KEITH HOTTLE

CLERK

No. 04-15-00435-CV

FILED IN

4th COURT OF APPEALS

IN THE COURT OF APPEALS FOR THE FOURTH DISTRICT SAN ANTONIO, TEXAS

OF TEXAS AT SAN ANTONIO 08/13/2015 4:51:22 PM KEITH E. HOTTLE

Clerk

AUGLLE, L.L.C., WRAP IT UP, L.L.C., JAMES A. MCVEY, JR., INDIVIDUALLY AND VALDIS KARLIS GRAVIS KRUMINS, INDIVIDUALLY,

Appellants,

v.

DAVID A. MONROE, E-WATCH CORPORATION, E-WATCH, INC., AND THE TELESIS GROUP, INC., EACH INDIVIDUALLY AND AS MEMBER OF POWER SURVEILLANCE CORPORATION, L.L.C., Appellees.

Appeal from the 225th Judicial District Court, Bexar County, Texas, No. 2015-CI-07230, Honorable Gloria Saldana presiding

UNOPPOSED MOTION BY APPELLANTS FOR ACCESS TO SEALED DOCUMENTS IN CLERK’S RECORD

Appellants Auglle, L.L.C., Wrap It Up, L.L.C., James A. McVey, Jr.,

Individually, and Valdis Karlis Gravis Krumins, Individually (hereinafter

“Appellants”), file this Unopposed Motion for Access to Sealed Documents in

Clerk’s Record (the “Motion”) and respectfully request that the Court grant the

Motion and provide Appellants access to the sealed documents included in the

Clerk’s Record on appeal in this case.

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BACKGROUND

Two documents were filed by the trial court under seal. The district clerk

filed the sealed and unsealed Clerk’s Records in this Court on July 23, 2015.

Counsel obtained the unsealed Record from the Clerk of this Court on July 28,

2015. Counsel for Appellants also needs access to the sealed portion of the Clerk’s

Record.

REASON FOR RELIEF

Although the parties have copies of the sealed documents filed and served in

the proceedings below, Appellants need access to the sealed documents to

(1) confirm which documents are included in the Clerk’s Record, (2) verify that the

Appellants possess copies of all such sealed documents, and (3) allow proper

citation to the sealed documents in the Appellants’ brief to be filed with the Court

in accordance with this Court’s rules.

Concerns that sometimes arise with granting access to sealed documents are

not present here. First, because the parties and their counsel already have copies of

and access to documents under seal in the district court, no new or additional

access would be allowed by granting the Motion. Second, the sealed items will

remain sealed until unsealed. Third, this Motion is not opposed. Because allowing

access to the sealed documents will enable the Appellants to comply with the

Court’s rules on citations to the Clerk’s Record and because there will be no harm

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in allowing access, Appellants ask the Court to grant their counsel access to the

sealed documents.

PRAYER FOR RELIEF

For the reasons set forth above, Appellants request that the Motion be

granted in its entirety and that Appellants be granted access to all of the sealed

documents included in the Clerk’s Record currently on file in this Court and to any

subsequently filed sealed documents, if any, supplemented to the Clerk’s Record.

Appellants pray for all other and further relief to which each may be justly entitled.

Dated: August 13, 2015.

Respectfully Submitted,

HAYNES AND BOONE, LLP

/s/ Karen S. Precella William B. Nash State Bar No. 14812200 bill.nash@haynesboone.com 112 East Pecan Street, Suite 1200 San Antonio, Texas 78205 Telephone: (210) 978-7477 Telecopier: (210) 554-0484

Karen S. Precella State Bar No. 16245550 karen.precella@haynesboone.com 301 Commerce Street, Suite 2600 Fort Worth, Texas 76102 Telephone: (817) 347-6620 Telecopier: (817) 348-2367

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Ben L. Mesches State Bar No. 24032737 ben.mesches@haynesboone.com Ryan Paulsen State Bar No. 24060397 ryan.paulsen@haynesboone.com 2323 Victory Avenue, Suite 700 Dallas, Texas 75219 Telephone: (214) 651-5234 Telecopier: (214) 200-0913

OLIVA, SAKS, GARCIA & CURIEL, LLP Carlo Garcia State Bar No. 00790744 cglaw@osgclaw.com The OSGC Building 14255 Blanco Road San Antonio, Texas 78216 Telephone: 210-265-6730 Telecopier: 210-308-6939

ATTORNEYS FOR APPELLANTS

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CERTIFICATE OF CONFERENCE I hereby certify that I conferred with Counsel for Appellees, Louis Vetrano, on August 10, 2015, and Jorge Mares, on August 13, 2015, concerning this Motion, who stated that Appellees do not oppose the Motion.

/s/ Karen S. Precella Karen S. Precella

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has been served on all counsel of record via e-service and/or e-mail on this 13th day of August, 2015:

Louis A. Vetrano, Jr. lvetrano@flash.net 2502 Huebner Park San Antonio, Texas 78248 Telephone: (210) 862-5786

Mikal Watts mwatts@wattsguerra.com Mark Anthony Fassold mfassold@wattsguerra.com Francisco Guerra IV fguerra@wattsguerra.com Jorge Mares jmares@wattsguerra.com WATTS GUERRA LLP 4 Dominion Drive Bldg. 3, Ste. 100 San Antonio, Texas 78257

ATTORNEYS FOR APPELLEES

/s/ Karen S. Precella Karen S. Precella