Eric E. Perez and Edmundo Perez v. Le Prive Enterprise, L.L.C. D/B/A Mekano Live & Grill and Manuel Arellano

Opinion

ACCEPTED 14-15-00291-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 5/15/2015 5:17:32 PM CHRISTOPHER PRINE CLERK

NO. 14-15-00291-CV

In The FILED IN 14th COURT OF APPEALS

Fourteenth Court of Appeals HOUSTON, TEXAS 5/15/2015 5:17:32 PM CHRISTOPHER A. PRINE Houston, Texas Clerk

Eric E. Perez and Edmundo Perez, Appellants, v.

Le Prive Enterprises, LLC, d/b/a Mekano Live & Grill, and Manuel Arellano, Appellees.

On Appeal from the 127th Judicial District Court of Harris County, Texas Trial Court Cause No. 2013-74140

APPELLEESʼ OBJECTION TO THE COURTʼS ABATEMENT ORDER AND REFERRAL TO MEDIATION

Daniel W. Jackson, SBN 00796817 Scott K. Vastine, SBN 24056469 Jennifer H. Frank, SBN 24087537 The Jackson Law Firm 3900 Essex Lane, Suite 1116 Houston, Texas 77027 (713) 522-4435 (713) 527-8850 – fax Counsel for Appellees

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

Appellees Le Prive Enterprises, LLC, d/b/a Mekano Live & Grill and

Manuel Arellano respectfully object to the Courtʼs abatement order and

referral to mediation pursuant to Section 154.022 of the Texas Civil

Practice and Remedies Code.

Mediation will be futile for the following reasons:

• Appellees literally have no means to make an offer;

• Mediation will only cause appellees to incur costs, which they have no means to pay;

• Appellantsʼ counsel has already been advised that appellees no longer own the nightclub at issue because appellees were behind on rent and the landlord locked them out. Therefore, appellees do not have standing to offer appellants ownership in the nightclub or compensation for management of the nightclub.

Put simply, appellees are not in a position to offer any amount to

settle this case, and there are no other non-monetary issues on which the

parties can reach an agreement. Because there is no possibility of

resolution by mediation, appellees respectfully request that the Court

sustain appelleesʼ objection to mediation and reinstate this case on its

active docket.

WHEREFORE, appellees Le Prive Enterprises, LLC, d/b/a Mekano

Live & Grill and Manuel Arellano respectfully request that the Court sustain

3

appelleesʼ objection to mediation and reinstate the case on this Courtʼs

active docket.

Respectfully submitted:

/s/ Daniel W. Jackson Daniel W. Jackson, SBN 00796817 Scott K. Vastine, SBN 24056469 Jennifer H. Frank, SBN 24087537 3900 Essex Lane, Suite 1116 Houston, Texas 77027 (713) 522-4435 (713) 527-8850 – fax daniel@jacksonlaw-tx.com scott@jacksonlaw-tx.com jennifer@jacksonlaw-tx.com

Counsel for Appellees

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing document was served on all counsel of record, via ProDocs, on May 15, 2015:

James Nathan Overstreet J. Nathan Overstreet & Assoc., P.C. 8711 Highway 6 North, Suite 230 Houston, Texas 77095

Via email: overstreetlawfirm@gmail.com

/s/ Daniel W. Jackson Daniel W. Jackson