in Re: Roger Arash Farahmand
This text of in Re: Roger Arash Farahmand (in Re: Roger Arash Farahmand) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ACCEPTED 05-15-00861-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 7/16/2015 4:04:22 PM LISA MATZ CLERK
NO. 05-15-00861-CV
FILED IN 5th COURT OF APPEALS IN THE COURT OF APPEALS DALLAS, TEXAS FIFTH DISTRICT OF TEXAS 7/16/2015 4:04:22 PM AT DALLAS, TEXAS LISA MATZ Clerk
IN RE ROGER ARASH FARAHMAND, Relator
Original Proceeding Arising From the 417th Judicial District Court Collin County, Texas Cause No. 417-56531-2013 Hon. Cynthia Wheless
VOLUME I OF RELATOR’S RECORD IN SUPPORT OF PETITION FOR WRIT OF MANDAMUS TABS 1 THRU 17
THE LAW OFFICE OF GARY L. NICKELSON Chris Nickelson State Bar No. 24013241 5201 West Freeway, Suite 100 Fort Worth, Texas 76107-5200 Phone: 817-735-4000 Fax: 817-735-1480 Email: JCN@nickfamlaw.com ATTORNEY FOR RELATOR, ROGER ARASH FARAHMAND
1 INDEX
Tab 1 Case Register
Tab 2 Original Petition for Divorce, Emergency (Ex Parte) Request for Extraordinary Relief, and Request for Temporary Orders, filed 12/30/13
Tab 3 Temporary Emergency Ex Parte Order and Order Setting Hearing, signed 12/30/13
Tab 4 Original Counter-Petition for Divorce, filed 1/27/14
Tab 5 Rule 11 Agreement, filed 1/27/14
Tab 6 Reporter’s Record of Hearing on 3/10/14
Tab 7 Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce, filed 3/28/14
Tab 8 Letter Advising of Trial on Request to Declare Marriage Void, filed 4/23/14
Tab 9 Agreed Scheduling Order, signed 5/2/14
Tab 10 Maryam Farahmand’s Answer to Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce, filed 5/22/14
Tab 11 Respondent’s First Supplemental and Amended Counter-Petition for Divorce, filed 6/30/14
Tab 12 Respondent’s First Verified Motion for Continuance, filed 7/10/14
Tab 13 Respondent’s Objection to and Motion to Strike Petitioner’s Certificate of Marriage, filed 7/12/14
Tab 14 Respondent’s Hybrid Motion for Partial Summary Judgment on Petitioner’s Allegations of Prior Marriage to Amir Bagherkalantari, filed 7/15/14
Tab 15 Petitioner’s Special Exceptions and Motion to Strike Respondent’s “First Verified Motion for Continuance”, filed 7/31/14
2 Tab 16 Petitioner’s Special Exceptions and Motion to Strike Respondent’s “First Motion to Compel, Motion for Sanctions for Egregious Conduct by a Licensed Attorney and his Client Party and Motion for Interim Attorney Fees and Expenses”, filed 7/31/14
Tab 17 Petitioner’s Special Exceptions and Motion to Strike Respondent’s “First Amended Answer to Original Petition to Declare Marriage Void”, filed 7/31/14
3 VERIFICATION
Before me the undersigned notary, on this day personally appeared in person known to me to be Chris Nickelson, who after being duly sworn by me did testify under oath as follows:
1. My name is Chris Nickelson. I am over the age of 18 years of age and am legally competent to make this affidavit. I am counsel for Roger Arash Farahmand, and I am also an attorney duly licensed and in good standing in the State of Texas. The statements contained herein are within my personal knowledge and true and correct, and I make these statements voluntarily and not under duress.
2. The documents contained in the Volume I of Relator’s Record in Support of Petition for Writ of Mandamus Tabs 1 Thru 17, Volume II of Relator’s Record in Support of Petition for Writ of Mandamus Tab 18, and Volume III of Relator ‘s Record in Support ofPetition for Writ ofMandamus Tabs 19 Thru 30 are all true and correct copies of pleadings, orders, hearing transcripts, and evidence admitted in the suit for dissolution of marriage between Roger and Maryam Farahmand, cause number, 417-5653 1-2013, in the 4l7t1 Judicial District Court of Collin County, Texas.
Further, Affiant sayeth not.
Chris Nickelson
SUBSCRIBED AND SWORN TO before me on the i(p-Yk day of July, 2015.
I ttieii,,
I ELIZABETH CHRISTMAN C Notary Public, State of Texas *4t Ct40.u1 NOTARY PUBLIC, State of Texas
4 ROGER FARAHMAND’S RECORD TAB 1 http://cijspub.co.collin.tx.us/secure/CaseDetail.aspx?CaseID=1273404
Skip to Main Content Logout My Account My Cases Search Menu New Civil & Family Search Refine Search Location : All Civil & Family Courts Images Help Back REGISTER OF ACTIONS CASE NO. 417-56531-2013
In the Matter of the Marriage of Roger Arash Farahmand vs. Maryam § Case Type: Divorce with Children Farahmand and in the Interest of § Date Filed: 12/30/2013 § Location: 417th District Court § Case Number History: 401-56531-2013 § §
PARTY INFORMATION
Attorneys
Petitioner Farahmand, Roger Arash Also Known Karen Turner As Farahmand, Roger Retained 214-780-0646(W)
Bradford Nace Retained 214-459-8289(W)
Ike Vanden Eykel Retained 214-871-2727(W)
Rebecca Tillery Rowan Retained 214-871-2727(W)
Respondent Farahmand, Maryam John J Pfister, Jr. Retained 972-712-6700(W)
Dawn M. Grams Horak Retained 469-644-7442(W)
Pro SeRichard J Corbitt Retained 214-744-1234(W)
Robert S Widner Retained 469-563-4800(W)
Respondent John, Pfister J. 6814 Lebanon Road, Suite 101 Frisco, TX 75034
EVENTS & ORDERS OF THE COURT
OTHER EVENTS AND HEARINGS 12/30/2013 Original Petition for Divorce (OCA) $289.00 Emergency(ex parte) request for extraordinary relief, and request for temporary orders 12/30/2013 Request for Citation $8.00 x1 waiting
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ACCEPTED 05-15-00861-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 7/16/2015 4:04:22 PM LISA MATZ CLERK
NO. 05-15-00861-CV
FILED IN 5th COURT OF APPEALS IN THE COURT OF APPEALS DALLAS, TEXAS FIFTH DISTRICT OF TEXAS 7/16/2015 4:04:22 PM AT DALLAS, TEXAS LISA MATZ Clerk
IN RE ROGER ARASH FARAHMAND, Relator
Original Proceeding Arising From the 417th Judicial District Court Collin County, Texas Cause No. 417-56531-2013 Hon. Cynthia Wheless
VOLUME I OF RELATOR’S RECORD IN SUPPORT OF PETITION FOR WRIT OF MANDAMUS TABS 1 THRU 17
THE LAW OFFICE OF GARY L. NICKELSON Chris Nickelson State Bar No. 24013241 5201 West Freeway, Suite 100 Fort Worth, Texas 76107-5200 Phone: 817-735-4000 Fax: 817-735-1480 Email: JCN@nickfamlaw.com ATTORNEY FOR RELATOR, ROGER ARASH FARAHMAND
1 INDEX
Tab 1 Case Register
Tab 2 Original Petition for Divorce, Emergency (Ex Parte) Request for Extraordinary Relief, and Request for Temporary Orders, filed 12/30/13
Tab 3 Temporary Emergency Ex Parte Order and Order Setting Hearing, signed 12/30/13
Tab 4 Original Counter-Petition for Divorce, filed 1/27/14
Tab 5 Rule 11 Agreement, filed 1/27/14
Tab 6 Reporter’s Record of Hearing on 3/10/14
Tab 7 Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce, filed 3/28/14
Tab 8 Letter Advising of Trial on Request to Declare Marriage Void, filed 4/23/14
Tab 9 Agreed Scheduling Order, signed 5/2/14
Tab 10 Maryam Farahmand’s Answer to Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce, filed 5/22/14
Tab 11 Respondent’s First Supplemental and Amended Counter-Petition for Divorce, filed 6/30/14
Tab 12 Respondent’s First Verified Motion for Continuance, filed 7/10/14
Tab 13 Respondent’s Objection to and Motion to Strike Petitioner’s Certificate of Marriage, filed 7/12/14
Tab 14 Respondent’s Hybrid Motion for Partial Summary Judgment on Petitioner’s Allegations of Prior Marriage to Amir Bagherkalantari, filed 7/15/14
Tab 15 Petitioner’s Special Exceptions and Motion to Strike Respondent’s “First Verified Motion for Continuance”, filed 7/31/14
2 Tab 16 Petitioner’s Special Exceptions and Motion to Strike Respondent’s “First Motion to Compel, Motion for Sanctions for Egregious Conduct by a Licensed Attorney and his Client Party and Motion for Interim Attorney Fees and Expenses”, filed 7/31/14
Tab 17 Petitioner’s Special Exceptions and Motion to Strike Respondent’s “First Amended Answer to Original Petition to Declare Marriage Void”, filed 7/31/14
3 VERIFICATION
Before me the undersigned notary, on this day personally appeared in person known to me to be Chris Nickelson, who after being duly sworn by me did testify under oath as follows:
1. My name is Chris Nickelson. I am over the age of 18 years of age and am legally competent to make this affidavit. I am counsel for Roger Arash Farahmand, and I am also an attorney duly licensed and in good standing in the State of Texas. The statements contained herein are within my personal knowledge and true and correct, and I make these statements voluntarily and not under duress.
2. The documents contained in the Volume I of Relator’s Record in Support of Petition for Writ of Mandamus Tabs 1 Thru 17, Volume II of Relator’s Record in Support of Petition for Writ of Mandamus Tab 18, and Volume III of Relator ‘s Record in Support ofPetition for Writ ofMandamus Tabs 19 Thru 30 are all true and correct copies of pleadings, orders, hearing transcripts, and evidence admitted in the suit for dissolution of marriage between Roger and Maryam Farahmand, cause number, 417-5653 1-2013, in the 4l7t1 Judicial District Court of Collin County, Texas.
Further, Affiant sayeth not.
Chris Nickelson
SUBSCRIBED AND SWORN TO before me on the i(p-Yk day of July, 2015.
I ttieii,,
I ELIZABETH CHRISTMAN C Notary Public, State of Texas *4t Ct40.u1 NOTARY PUBLIC, State of Texas
4 ROGER FARAHMAND’S RECORD TAB 1 http://cijspub.co.collin.tx.us/secure/CaseDetail.aspx?CaseID=1273404
Skip to Main Content Logout My Account My Cases Search Menu New Civil & Family Search Refine Search Location : All Civil & Family Courts Images Help Back REGISTER OF ACTIONS CASE NO. 417-56531-2013
In the Matter of the Marriage of Roger Arash Farahmand vs. Maryam § Case Type: Divorce with Children Farahmand and in the Interest of § Date Filed: 12/30/2013 § Location: 417th District Court § Case Number History: 401-56531-2013 § §
PARTY INFORMATION
Attorneys
Petitioner Farahmand, Roger Arash Also Known Karen Turner As Farahmand, Roger Retained 214-780-0646(W)
Bradford Nace Retained 214-459-8289(W)
Ike Vanden Eykel Retained 214-871-2727(W)
Rebecca Tillery Rowan Retained 214-871-2727(W)
Respondent Farahmand, Maryam John J Pfister, Jr. Retained 972-712-6700(W)
Dawn M. Grams Horak Retained 469-644-7442(W)
Pro SeRichard J Corbitt Retained 214-744-1234(W)
Robert S Widner Retained 469-563-4800(W)
Respondent John, Pfister J. 6814 Lebanon Road, Suite 101 Frisco, TX 75034
EVENTS & ORDERS OF THE COURT
OTHER EVENTS AND HEARINGS 12/30/2013 Original Petition for Divorce (OCA) $289.00 Emergency(ex parte) request for extraordinary relief, and request for temporary orders 12/30/2013 Request for Citation $8.00 x1 waiting
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12/30/2013 Request for Temporary Restraining Order $8.00 x1 waiting 12/30/2013 Order Temporary Emergency Ex Parte Order and Order Setting Hearing 12/30/2013 Citation Farahmand, Maryam Served 01/02/2014 Returned 01/02/2014 12/30/2013 Temporary Restraining Order Farahmand, Maryam Served 01/02/2014 Returned 01/02/2014 01/10/2014 Subpoena Return - Not DC Issued Que Le Served 1/9/2014 01/10/2014 Subpoena Return - Not DC Issued Beth Cook served 1/9/2014 01/14/2014 Temporary Orders Hearing (9:00 AM) (Judicial Officer Rusch, Mark) 01/14/2014 General Docket Entry Matter reset 01/14/2014 Order Extending Extension of Temporary Emergency Ex Parte Order and Order Setting Hearing 01/24/2014 Request for Copies $ 01/24/2014 Subpoena Return - Not DC Issued Aaron Lilly Served 1/23/2014 01/27/2014 Original Answer Respondent's Original Answer 01/27/2014 Counter Petition $50.00 Original Counter-Petition for Divorce 01/27/2014 Rule 11 Agreement Rule 11 Agreement 01/27/2014 Rule 11 Agreement Rule 11 Agreement 01/28/2014 CANCELED Temporary Orders Hearing (9:00 AM) (Judicial Officer Rusch, Mark) Reset 02/04/2014 Motion Maryam Farahmand's Motion for Expedited Hearing for Interim Possession and Access 02/04/2014 Notice of Hearing Notice of Hearing on Motion for Expedited Hearing for Interim Possession and Access 02/05/2014 General Docket Entry No action taken by the Court 02/25/2014 Affidavit Affidavit of Business Records of Hannah's House 02/26/2014 Affidavit Business Records Affidavit of Hannah's House February 03/06/2014 Motion Maryam Farahmand's Request to Expand Local 20-Minute Rule for Temporary Orders Hearing 03/07/2014 Subpoena Return - Not DC Issued Served 3/6/2014 Aslan Ghaffari 03/07/2014 Subpoena Return - Not DC Issued served 3/6/2014 Farid Rastegar 03/10/2014 Temporary Orders Hearing (9:00 AM) (Judicial Officer Rusch, Mark) 03/10/2014 General Docket Entry Temp Hearing conducted; Ruling dictated; MJR 03/18/2014 Notice of Appearance Appearance of Co-Counsel and Notice of Change in Lead Counsel 03/21/2014 Rule 11 Agreement Rule 11 Agreement regarding possession 03/28/2014 Petition (Non - OCA) $70.00 Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce 04/01/2014 Certificate of Deposition (Bill of Cost Form) Maryam Farahmand Reporter Certification 04/04/2014 Certificate of Deposition (Bill of Cost Form) Roger Farahmand 04/10/2014 Certificate of Deposition (Bill of Cost Form) Reporters Certification Deposition of Maryam Farahmand March 4,2014 04/21/2014 Certificate Certificate of Written Discovery 04/23/2014 Service Return Return of service on Aslan Ghaffari on Notice of Intent to take Depo. 04/23/2014 Letter Hearing Date 07/29/2014 04/24/2014 Request for Citation $8.00 04/24/2014 Request for Notice $8.00 04/25/2014 Motion Motion for Substitution of Counsel 04/28/2014 Citation Farahmand, Maryam Served 05/02/2014 Returned 05/02/2014 04/28/2014 Notice Farahmand, Maryam Served 05/02/2014 Returned 05/02/2014
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04/28/2014 Subpoena Return - Not DC Issued Shahrbanoo Khanipour aka Mahnaz Keyani Subpoena served 05/01/2014 Designation of Designation of Attorney in Charge 05/02/2014 Service Return Maryam Farahmand Served Notice 05/02/2014 05/02/2014 Service Return Maryam Farahmand Served Citation 05/02/2014 05/02/2014 Agreed Order Agreed Scheduling Order 05/06/2014 Certificate Certificate of Written Discovery 05/08/2014 Certificate Certificate of Written Discovery 05/09/2014 Subpoena Return - Not DC Issued Custodian of Records for Syed Shah 05/09/2014 Subpoena Return - Not DC Issued Custodian of Records for Dr. Michael Scott Woods 05/09/2014 Subpoena Return - Not DC Issued Custodian of Records for Thomas Janacek served subp 05/09/2014 05/16/2014 Petitioner's Petitioner's Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out-of-State Witness 05/16/2014 Service Return Notice of intent to issue Subpoena Legacy Apartment Homes Served 05/14/14 05/19/2014 Notice of Hearing Notice of Hearing on Petitioner's Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out-of-State Witness 05/22/2014 Original Answer Maryam Farahmand's Answer to Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce 05/23/2014 Subpoena Return - Not DC Issued Dr Michael Scott Woods 05/23/2014 Subpoena Return - Not DC Issued CR for Syed Shah served Subpoena 05/22/2014 05/23/2014 Subpoena Return - Not DC Issued Custodian of Records for Thomas Janacek, M.D. 05/23/2014 Subpoena Return - Not DC Issued Dr Robert Gordon 05/27/2014 Motion Hearing (9:00 AM) (Judicial Officer Rusch, Mark) M/Issuance of Letters Rogatory and Subpoena to Depose Out-of-State Witness 05/27/2014 Appearance of Counsel Notice of Appearance of Counsel 05/27/2014 Response Respondent's Response and Objections to Issuance of Letters Rogatory and Subpoena to Depose an Out-of-state Witness 05/27/2014 Certificate Certificate of Marriage 05/27/2014 General Docket Entry Letters Rogatory issued 05/27/2014 Order Order for Issuance of Letter Rogatory and Subpoena to Depose an Out of State Witness 05/29/2014 Subpoena Return - Not DC Issued Custodian of Records for Post Legacy Apartments served Subpoena 05/28/2014 05/29/2014 Certificate Certificate of Written Responses to Discovery 06/03/2014 Request for Copies $ x10 06/05/2014 Subpoena Return - Not DC Issued Custodian of Records for Dr. Thomas Janacek served subpoena 06/04/2014 06/09/2014 Notice of Intention to Take Deposition by Written Questions Written Deposition Service transcription of deposition of written questions on Dr. Ghaffari and Bill of Costs 06/09/2014 Designation of Petitioner's Designation of Expert Witnesses 06/09/2014 Motion First Motion to Compel, Motion for Sanctions for Egregious Conduct by a Licensed Attorney and His Client Party and Motion for Interim Attorney Fees and Expenses 06/09/2014 Affidavit Medical Records and Affidavit - Centennial Medical Center of Frisco 06/09/2014 Notice Notice of Filing Business Records Affidavit and Records - Centennial Medical Center Frisco 06/09/2014 Affidavit Business Records Affidavit - Post Legacy Apartments 06/09/2014 Notice Notice of Filing of Business Records Affidavit - Post Legacy Apartments 06/09/2014 Notice Notice of Business Records and Affidavit Filing - Sayed Shah, M.D. 06/09/2014 Affidavit Medical Records and Affidavit - Sayed Shah, M.D. 06/09/2014 Affidavit Medical Records and Affidavit 06/09/2014 Designation of Respondent's Designation of Expert Witnesses
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06/09/2014 Certificate of Written Discovery 06/09/2014 Notice Notice of Filing Medical Records and Affidavit 06/10/2014 Notice Notice of Filing BRA and Records - Dr. Robert Gordon 06/10/2014 Affidavit Medical Records and Affidavit - Dr. Robert Gordon (UNDER SEAL) 06/10/2014 Notice Notice of Filing Records and Affidavit 06/10/2014 Affidavit Medical Records and Affidavit - Texas Health Presbyterian Plano Hospital Part 1 (UNDER SEAL) 06/10/2014 Affidavit Medical Records and Affidavit - Texas Health Presbyterian Plano Hospital Part 2 (UNDER SEAL) 06/10/2014 Notice Notice of Filing BRA and Records - Dr. Scott Woods 06/10/2014 Affidavit Medical Records and Affidavit - Dr. Scott Woods (UNDER SEAL) 06/10/2014 Affidavit Business Records and Affidavit - Frisco PD 06/10/2014 Notice Notice of Filing of Records and Affidavit - Frisco PD 06/10/2014 Affidavit Business Records and Affidavit - Plano PD 06/10/2014 Notice Notice of Filing BRA and Records - Frisco PD Corrected 06/10/2014 Notice Notice of Filing of Records and Affidavit - Plano PD 06/10/2014 Notice Notice of Filing BRA and Records - Arlington PD 06/10/2014 Affidavit Business Records and Affidavit - Arlington PD 06/10/2014 Notice Notice of Filing Business Records and Affidavit - Richardson PD 06/10/2014 Affidavit Business Records and Affidavit - Richardson PD 06/13/2014 Amended Motion Petitioner's First Amended Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out of State Witness 06/13/2014 Affidavit Foreign Language Translation and Affidavit - Written Deposition Questions Farsi to English 06/13/2014 Affidavit Foreign Language Translation and Affidavit - Video Farsi to English 06/13/2014 Affidavit Foreign Language Translation and Affidavit - Video English to Farsi 06/13/2014 Affidavit Foreign Language Translation and Affidavit - Written Questions English to Farsi 06/13/2014 Original Answer Amicus Attorney's Original Answer in Suit Affecting the Parent- Child Relationship 06/13/2014 Designation of Designation of Attorney in Charge 06/13/2014 Notice Petitioner's Notice of Intent to Take Oral and Video Taped Deposition of Amir Bagherkalantari 06/13/2014 Order of Letters Rogaroty and Subpoena for an Out of State Witness Amir Bagherkalantari 06/16/2014 Subpoena Return - Not DC Issued Mary F Wise aka Mariam Farahmand aka Mary Farahmand 06/16/2014 Motion Motion to Sign Temporary Orders 06/16/2014 Notice of Hearing Notice of Hearing on Motion to Sign Temporary Orders 06/17/2014 Notice Notice of Intent to Take Oral and Video Taped Deposition of Taher El-Badawi 06/17/2014 Amended First Amended Notice of Intent to Take Oral and Videotaped Deposition of Taher El-Badawi 06/17/2014 Notice Petitioner's First Amended Notice of Intent to Take Oral and Video Taped Deposition of Amir Bagherkalantari 06/18/2014 Notice of Hearing on Motion to Sign Temporary Orders 06/18/2014 Amended Motion Petitioner's Second Amended Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out-Of-State Witness 06/18/2014 Request for Copies $ 06/18/2014 Certificate Respondent's Certificate of Written Discovery 06/18/2014 General Docket Entry order on letters rogatory signed 06/18/2014 Amended Order of Letters Rogatory and Subpoena for an Out-of-State Witness, Amir Bagherkalantari 06/19/2014 Subpoena Return - Not DC Issued Taher El-Badawi PhD subpoena served
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06/19/2014 Motion to Quash Motion to Quash the Subpoena for Witness Depostion/Subpoena Duces Tecum for Mary F. Wise and Request for Sanctions 06/19/2014 Motion to Quash Motion to Quash the Subpoena for Witness Deposition/Subpoena Duces Tecum for Jocelyn McGregor and Request for Sanctions 06/19/2014 Motion to Quash Motion to Quash the Subpoena for Witness Deposition/Subpoena Duces Tecum for JT Langford a/k/a Tom Langford and Request for Sanctions 06/19/2014 Notice Petitioner's Second Amended Notice of Intent to Take Oral and Video Taped Deposition of Amir Bagherkalantari 06/19/2014 Subpoena Return - Not DC Issued JT Langford a/k/a Tom Langford 06/19/2014 Subpoena Return - Not DC Issued Jocelyn McGregor 06/19/2014 Letter Ntc ltr of new time of depo 06/19/2014 Letter Ntc Ltr re new date & time of Depo 06/19/2014 Letter Ntc Ltr of new date & time of Depo 06/20/2014 Motion to Quash Motion to Quash the Deposition of Mary Wise and Request for Sanctions 06/20/2014 Motion to Quash Motion to Quash the Deposition of Jocelyn McGregor and Request for Sanctions 06/20/2014 Motion to Quash Motion to Quash the Deposition of JT Langford AKA Tom Langford and Request for Sanctions 06/20/2014 Notice of Hearing Notice of Hearing 06/23/2014 CANCELED Motion to Sign (9:00 AM) (Judicial Officer Rusch, Mark) Per Attorney TO's 06/23/2014 Letter Progress Report for Maryam Farahmand 06/24/2014 Affidavit Business Records and Affidavit of University of Texas At Dallas Police Department 06/24/2014 Notice Notice of Filing of Records and Affidavit of University of Texas at Dallas Police Department 06/24/2014 Notice Notice of Filing of Records and Affidavits of Dallas Police Department 06/24/2014 Affidavit Business Records and Affidavits of Dallas Police Department 06/24/2014 Notice Second Notice of FIling of Records and Affidavit of the Frisco Police Department 06/24/2014 Affidavit Second Business Records and Affidavit of Frisco Police Department 06/27/2014 Motion Respondent's Motion for Protective Order Due to Written Objection to Depositions Seeking Affirmative Relief 06/27/2014 Notice of Hearing 06/27/2014 Amended Answer Petitioner's First Supplemental and Amended Answer to Petitioner's Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce 06/27/2014 Amended Answer Maryam Farahmand's First Amended Answer to Original Petition to Declare Marriage Void 06/27/2014 Certificate Respondent's Certificate of Written Discovery 06/27/2014 Amended Petition First Amended Petition to Declare Marriage Void and in the Alternative Second Amended Petition for Divorce 06/30/2014 Certificate Certificate of Written Discovery 06/30/2014 Supplemental Respondent's First Supplemental and Amended Counter-Petition for Divorce 07/01/2014 Subpoena Return - Not DC Issued Shamsi Damavandi served subpoena 07/01/2014 07/02/2014 Motion Respondent's Motion for Protective Order Due to Objection to Depositions 07/08/2014 Administrative Order Administrative Order of Assignment (transferring case to the 417th) 07/09/2014 Letter Letter regarding Transfer to 417th and status of case 07/10/2014 Motion for Continuance Respondent's First Verified Motion for Continuance 07/10/2014 Notice Notice of Filing Business Records (165 pages) and Affidavit of Collin College 07/10/2014 Affidavit Business Records and Affidavit 07/10/2014 Affidavit Business Records and Affidavit 07/10/2014 Notice Notice of Filing Business Records (201 pages) and Affidavit of Collin College 07/10/2014 Notice Notice of Filing Business Records and Affidavit
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07/11/2014 Affidavit Business Records Affidavit - Plano Public Safety Communications Department 07/11/2014 Supplemental Respondent's Supplemental Motion for Protective Order Due to Objection to Depositions 07/12/2014 Motion Respondent's Motion for Additional Temporary Orders 07/12/2014 Motion Respondent's Objection to and Motion to Strike Petitioner's Certificate of Marriage 07/15/2014 Subpoena Return - Not DC Issued Bahman Parviz Subpoena Served 07/15/2014 Motion for Summary Judgment Respondent's Hybrid Motion for Partial Summary Judgment on Petitioner's Allegations of Prior Marriage to Amir Bagherkalantari 07/18/2014 Notice Roger Arash Farahmand's Notice of Intent to Issue Subpoena for Production or Inspection of Documents 07/21/2014 Notice Roger Arash Farahmand's Amended Notice of Intent to Issue Subpoena for Production or Inspection of Documents 07/22/2014 Amended Roger Arash Farahmand's Amended Notice of Intent to Issue Subpoena for Production or Inspection of Documents 07/23/2014 Notice of Hearing / FIAT Notice of Hearing for Additional Temporary Orders 07/23/2014 Notice of Hearing / FIAT Notice of Hearing on Motion to Strike Marriage Certificate 07/23/2014 Notice of Hearing / FIAT Notice of Hearing on Hybrid Motion for Partial Summary Judgement on Petitioner's Allegations of Prior Marriage to Amir Bagherkalantari 07/28/2014 Notice Roger Arash Farahmand's Amended Notice of Intent to Issue Subpoena for Production or Inspection of Documents 07/28/2014 Notice Roger Arash Farahmand's Amended Notice of Intent to Issue Subpoena for Production or Inspection of Documents 07/29/2014 CANCELED Hearing (9:00 AM) (Judicial Officer Rusch, Mark) Other on Petiton to void 07/29/2014 CANCELED Motion To Compel (9:00 AM) (Judicial Officer Rusch, Mark) Other 07/29/2014 CANCELED Protective Order Hearing (9:00 AM) (Judicial Officer Rusch, Mark) Other 07/29/2014 Certificate of Deposition (Bill of Cost Form) Reporter's Certificate Deposition of Dr. Michael Scott Woods June 24, 2014 07/29/2014 Request for Copies $ 07/31/2014 Special Exceptions Petitioner's Special Exceptions and Motion to Strike Respondent's First Verified Motion for Continuance 07/31/2014 Special Exceptions Petitioner's Special Exceptions and Motion to Strike Respondent's First Motion to Compel, Motion for Sanctions for Egregious Conduct by a Licensed Attorney and His Client Party and Motion for Interim Attorney Fees and Expenses 07/31/2014 Special Exceptions Petitioner's Special Exceptions and Motion to Strike Respondent's First Amended Answer to Original Petition to Declare Marriage Void 07/31/2014 Motion for Continuance Petitioner's Motion for Continuance 07/31/2014 Motion Petitioner's Motion to Abate Discovery Relating to Divorce Proceedings 08/01/2014 Notice of Hearing Notice of Hearing on Petitioner's Motions 08/11/2014 Certificate Rule 203 Filing Certificate of Written Deposition 08/13/2014 Motion Motion to Sign Pretrial Scheduling Order 08/14/2014 Notice of Hearing on Motion to Sign Pretrial Scheduling Order 08/15/2014 Notice of Intention to Take Deposition by Written Questions Notice of Intent to Take Deposition of Bahman Parviz 08/15/2014 Notice of Intention to Take Deposition by Written Questions Notice of Intent to Take Deposition of Shamsi Damavandi 08/19/2014 Subpoena Return - Not DC Issued Shamsi Damavandi Subpoena served 08/21/2014 Subpoena Return - Not DC Issued Bahman Parviz served subpoena 08/21/2014 08/21/2014 Motion for Continuance Motion For Continuance on Respondent's Motion for Additional Temporary Orders 08/21/2014 Motion Motion to Quash Notice of Intent to Take Oral and Videotaped Deposition of Shamsi Damavandi 08/21/2014 Motion to Quash Motion to Quash Notice of Intent to Take Oral and Video Taped Deposition Of Bahman Parviz 08/28/2014 Amended Petition Second Amended Petition to Declare Marriage Void and in the Alternative Third Amended Petition for Divorce 08/29/2014 Motion Petitioner's Motion for Sanctions 08/29/2014 Notice of Hearing Notice of Hearing on Petitioner's Motion for Continuance of Respondent's Motion for Additional Temporary Orders 08/29/2014 Notice of Hearing on Motion to Quash Deposition of Bahman Parviz
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09/02/2014 Notice of Hearing Notice of Hearing on Motion to Quash Deposition of Shamsi Damavandi 09/02/2014 Notice of Hearing Notice of Hearing on Petitioner's Motion for Sanctions 09/02/2014 Notice of Hearing on Motion to Quash the Deposition of Mary Wise and Request for Sanctions 09/02/2014 Notice of Hearing on Motion to Quash the Deposition of Jocelyn McGregor and Request for Sanctions 09/02/2014 Notice of Hearing on Motion to Quash the Deposition of JT Langford AKA Tom Langford and Request for Sanctions 09/05/2014 Motion for Continuance (3:30 PM) (Judicial Officer Wheless, Cynthia M) 10/16/2014 Reset by Court to 09/05/2014 09/05/2014 Motion Hearing (3:30 PM) (Judicial Officer Wheless, Cynthia M) to Quash - ALL Motions 09/05/2014 General Docket Entry 2 Motions to Quash denied and 1 granted of Mr. Farahmand's. 2 withdrawn by Ms. Farahmand. One Motion for Continuance agreed to and withdrawn. 09/11/2014 Certificate Respondent's Certificate of Written Discovery 09/12/2014 Certificate Respondent's Certificate of Written Discovery 09/16/2014 Motion to Withdraw Motion for Withdrawal of Counsel 09/18/2014 Appearance of Counsel Notice of Appearance of Co-Counsel and Designation of Lead Counsel 09/18/2014 Order of Withdrawal of Counsel and Substitution of Attorney of Record 09/22/2014 Subpoena Return - Not DC Issued Shamsi Damavandi Subpoena Service Return 09/23/2014 Motion to Quash Motion to Quash Notice of Intent to Take Oral and Videotaped Deposition of Bahman Parviz 09/23/2014 Motion to Quash Motion to Quash Notice of Intent to Take Oral and Videotaped Deposition of Shamsi Damavandi 09/23/2014 Subpoena Return - Not DC Issued Bahman Parviz 09/24/2014 Motion for Continuance 10/02/2014 Motion Motion for Interim Attorney's Fees and to Equalize Attorney's Fees 10/06/2014 Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Shahrbanoo Khanipour May 22 2014 10/08/2014 Notice of Hearing on Petitioner's Motion for Continuance 10/09/2014 Designation of Designation of Lead Counsel 10/09/2014 Objection Objection to Motion for Continuance 10/10/2014 Notice of Hearing on Motion for Interim Attorney's Fees and to Equalize Attorneys' Fees 10/13/2014 Motion Motion to Quash and for Protective Order 10/14/2014 Motion to Quash and for Protective Order 10/14/2014 Motion to Quash Motion to Quash 10/15/2014 Temporary Orders Hearing (11:00 AM) (Judicial Officer Wheless, Cynthia M) 10/29/2014 Reset by Court to 10/15/2014 10/15/2014 Motion for Continuance (11:00 AM) (Judicial Officer Wheless, Cynthia M) 10/15/2014 General Docket Entry case was continued to the 31st and the TO hearing is hereby specially set at 9:30 with no guarantees re: other matters set for motion that day due to significant delays by attorneys in setting the TO hearing...Court warned parties that it would hear the proposed Order on delivery of passports to court's registry upon reading of transcript from 401st...court also warned parties that the court may not reach the lesser motions on file with the court as the level of importance was beneath TO. 10/17/2014 Motion Motion for Substitution of Counsel 10/22/2014 Order to Substitute Counsel Order on Motion for Substitution of Counsel 10/24/2014 Response Petitoner's Response to Respondent's Hybrid Motion for Partial Summary Judgment Regarding Respondent's Prior Marriage 10/27/2014 Certificate of Deposition (Bill of Cost Form) Dr. Robert Gordon 6/24/14 10/31/2014 Temporary Injunction (9:30 AM) (Judicial Officer Wheless, Cynthia M) Additional 10/03/2014 Reset by Court to 10/31/2014 10/31/2014 Motion Hearing (9:30 AM) (Judicial Officer Wheless, Cynthia M) to Strike Marriage Certificate 10/03/2014 Reset by Court to 10/31/2014
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10/31/2014 Motion Hearing (9:30 AM) (Judicial Officer Wheless, Cynthia M) Hybrid Mtn for Partial Summary Judgment 10/03/2014 Reset by Court to 10/31/2014 10/31/2014 Motion Hearing (9:30 AM) (Judicial Officer Wheless, Cynthia M) to Sign Pretrial Scheduling Order 10/31/2014 Motion Hearing (9:30 AM) (Judicial Officer Wheless, Cynthia M) Interim Atty Fees and to Equalize Atty Fees 10/31/2014 Temporary Order Partial Temporary Orders - Passports & Travel Only 10/31/2014 Passport Registry Receipt Roger Arash Farahmand, Maryam Farahmand, and Mason Jon Jon Farahmand 11/18/2014 Motion to Withdraw Motion for Withdrawal of Counsel 11/18/2014 Motion Motion for Leave to Late Designate Expert Witness or Alternatively Motion for Continuance 11/19/2014 Notice of Hearing on Respondent's Motion for Leave to Late Designate Expert Witness 11/19/2014 Court Admin Correspondence Email regarding trial. AM 11/21/2014 Order Order Granting Interim Attorney's Fees 11/25/2014 Amended Petition Third Amended Petition to Declare Marriage Void and in the Alternative Fourth Amended Petition for Divorce 11/26/2014 Amended Answer Counter- Petitioner's Second Amended Answer to Original Petition to Declare Marriage Void and in the Alternative, First Amended Petition for Divorce 11/26/2014 Counter Claim - Family $50.00 Maryam Farahmand's Counterclaim for Declaratory Judgement 12/01/2014 Subpoena Return - Not DC Issued Mahin Hedaiti Subpoena Served 12/01/2014 Subpoena Return - Not DC Issued Aslan Ghaffari Subpoena Served 12/01/2014 Subpoena Return - Not DC Issued Mrs. Farid Rastegar Subpoena Served 12/01/2014 Subpoena Return - Not DC Issued Mr Farid Rastegar Subpoena Served 12/02/2014 Subpoena Return - Not DC Issued Seyed Mohammad Najafian 12/02/2014 Subpoena Return - Not DC Issued Ramin Ghaffari 12/02/2014 Subpoena Return - Not DC Issued Shahrbanoo Khanipour 12/02/2014 Subpoena Return - Not DC Issued Azam Nematipour 12/02/2014 Subpoena Return - Not DC Issued Dayne Hollmuller 12/04/2014 CANCELED Motion Hearing (10:00 AM) (Judicial Officer Wheless, Cynthia M) Other for Leave to Late Designate Expert Witness/Cont - SUBMISSION ONLY 12/04/2014 CANCELED Motion Hearing (10:00 AM) (Judicial Officer Wheless, Cynthia M) Other SUBMISSION ONLY 12/04/2014 Motion Petitioner's Motion for Leave to Designate Rebuttal Witness 12/09/2014 Response Response to Petitioner's Motion for Leave to Designate Rebuttal Witness or Alternatively Motion for Continuance 12/09/2014 Motion for Continuance Dawn Horak's First Verified Motion for Continuance 12/09/2014 Subpoena Return - Not DC Issued Mehrnaz Ghaffari 12/10/2014 Order of Withdrawal of Counsel Agreed Order on Motion for Withdrawal of Counsel 12/10/2014 Order for Continuance Order Granting Dawn Horak's First Verified Motion for Continuance 12/11/2014 Brief Petitioner's Brief in Support of Void Marriage 12/11/2014 Affidavit Foreign Language Translation and Affidavit 12/11/2014 Subpoena Return - Not DC Issued Sarah Nga Nguyen 12/11/2014 Affidavit Foreign Language Translation and Affidavit 12/11/2014 Affidavit Foreign Language Translation and Affidavit 12/12/2014 CANCELED Motion for Sanctions (9:30 AM) (Judicial Officer Wheless, Cynthia M) Continuance Granted 12/12/2014 General Docket Entry All witnesses sworn and ordered to return on January 12th and 13th 2015 at 9:00 a.m. afterwards we had some issues resolved regarding the child support and visitation issues.
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01/12/2015 Trial Before the Court (9:00 AM) (Judicial Officer Wheless, Cynthia M) TWO Days 12/12/2014 Reset by Court to 01/12/2015 01/12/2015 Amended Petitioner's First Amended Brief in Support of Void Marriage 01/13/2015 General Docket Entry Second day of trial resumed testimony and evidence at 9:30 a.m. Court first verified the interpreter's experience for translating as she is not licensed and there is no licensing exam for Farsi. Court accepted her as an interpreter. Testimony and evidence continued. 01/13/2015 General Docket Entry Trial before the court: After verifying all the sworn witnesses were accounted for and that rebuttal expert request for late designation denied. Court accepted the Rule being invoked by the Respondent W/M/Defendant. Court advised in English without the help of interpreters about the Rule. Testimony and evidence received. Recessed at 5:20. 01/13/2015 General Docket Entry Court recessed after hearing testimony and evidence at 6:00 p.m. Ordered to resume at 9:30 a.m. 02/06/2015 Docket Control - No Appearances Required (9:30 AM) (Judicial Officer Wheless, Cynthia M) Decision Due 01/22/2015 Reset by Court to 01/30/2015 01/30/2015 Reset by Court to 02/06/2015 Result: Orders Signed 02/10/2015 Motion Motion for Order of Custody and Psychological Evaluation 02/15/2015 Order 02/26/2015 Notice of Hearing on Petitioners Motion for Order of Custody and Psychological Evaluation 02/26/2015 Motion Motion for Further Temporary Orders 02/26/2015 Court Admin Correspondence Email regarding settings. AM 03/02/2015 Notice of Hearing for Further Temporary Orders 03/02/2015 Correspondence Received by Court fax/e-mail received by the court 03/04/2015 Motion for Continuance 03/06/2015 Notice of Hearing on Petitioner's Motion for Continuance 03/20/2015 Motion for Continuance (9:30 AM) (Judicial Officer Wheless, Cynthia M) Result: Orders Granted 03/20/2015 General Docket Entry granted continuance and parties were directed to confer with coordinator on new date within short time interval 04/02/2015 Motion Motion for Mediation 04/06/2015 Motion to Quash Motion to Quash Subpoena 04/07/2015 Motion Hearing (10:00 AM) (Judicial Officer Wheless, Cynthia M) Order of Custody and Psychological Eval AND Status on SAPCR/TO 03/06/2015 Reset by Court to 03/23/2015 03/23/2015 Reset by Court to 04/07/2015 Result: Orders Signed 04/07/2015 Brief Respondent's Brief on Interim Fees and Spousal Support 04/07/2015 General Docket Entry ORDER ON MOTION FOR REFERRAL TO MEDIATION SIGNED 04/07/2015 Order Order on Motion for Referral to Mediation 04/07/2015 Order Appointing Order Appointing Social Study and Psychological Evaluation 04/28/2015 Court Admin Correspondence Email regarding setting. AM 05/13/2015 Motion Motion to Instruct Christy Bradshaw Schmidt to Review Documents 05/14/2015 Notice of Hearing Notice of Hearing on Petitioner's Motion to Instruct Christy Bradshaw Schmidt to Review Documents 05/14/2015 Motion Motion to Compel Discovery and for Sanctions 05/18/2015 Notice of Hearing Notice of Hearing on Motion to Compel 05/19/2015 Motion To Compel (9:00 AM) (Judicial Officer Wheless, Cynthia M) TWO HOURS - Motion to Instruct 05/21/2015 Reset by Court to 05/19/2015 Result: Other 05/19/2015 Motion to Quash Motion to Quash Subpoena 06/04/2015 Motion Motion to Enter 06/04/2015 Motion Petitioner's Motion to Compel Production of Documents and for Sanctions
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06/05/2015 Order Order on Motion to Instruct Christy Bradshaw Schmidt to Review Documents 06/05/2015 Notice of Hearing on Maryam Farahmand's Motion to Enter 06/05/2015 Notice of Hearing Notice of Hearing on Petitioner's Motion to Compel Production of Documents and for Sanctions 06/09/2015 Motion To Compel (11:00 AM) (Judicial Officer Wheless, Cynthia M) and Motion to Enter TO - One Hour Total 06/09/2015 General Docket Entry Several Motions set for today: 1) Motion to Enter TO and - Court will hear from Ms. Porter re: Dr. Mitchells prelim findings re summer possession of the 23 mos. old child; 2) Motion to Compel by Ms. Farahmand - seeking reformation and striking of objections; 06/09/2015 Temporary Order Temporary Order Granting Interim Attorney's Fees 06/18/2015 Deputy Reporter Statement 06/25/2015 Other (9:00 AM) (Judicial Officer Wheless, Cynthia M) RULING DUE 06/25/2015 Correspondence Received by Court 08/31/2015 Docket Control - No Appearances Required (9:00 AM) (Judicial Officer Wheless, Cynthia M) 06/08/2015 Reset by Court to 08/31/2015
FINANCIAL INFORMATION
Minor Child Farahmand, Total Financial Assessment 2.00 Total Payments and Credits 2.00 Balance Due as of 07/06/2015 0.00
06/13/2014 Transaction Assessment 2.00 06/13/2014 Payment Receipt # DC-47305-2014 Farahmand, Mason Jon Jon (2.00)
Movant Tillery, Rebecca Total Financial Assessment 2.00 Total Payments and Credits 2.00 Balance Due as of 07/06/2015 0.00
10/14/2014 Transaction Assessment 2.00 10/14/2014 Payment Receipt # DC-81334-2014 Tillery, Rebecca (2.00)
Petitioner Farahmand, Roger Total Financial Assessment 2.00 Total Payments and Credits 2.00 Balance Due as of 07/06/2015 0.00
09/19/2014 Transaction Assessment 2.00 09/19/2014 Payment Receipt # DC-73861-2014 Farahmand, Roger (2.00)
Petitioner Farahmand, Roger Arash Total Financial Assessment 648.00 Total Payments and Credits 648.00 Balance Due as of 07/06/2015 0.00
03/18/2014 Transaction Assessment 2.00 03/18/2014 Payment Receipt # DC-19892-2014 FARAHMAND, ROGER A. (2.00) 03/21/2014 Transaction Assessment 2.00 03/21/2014 Payment Receipt # DC-21274-2014 FARAHMAND, ROGER A. (2.00) 03/28/2014 Transaction Assessment 72.00 03/28/2014 Payment Receipt # DC-23643-2014 FARAHMAND, ROGER A. (72.00) 04/01/2014 Transaction Assessment 2.00 04/01/2014 Payment Receipt # DC-24382-2014 FARAHMAND, ROGER A. (2.00) 04/04/2014 Transaction Assessment 2.00 04/04/2014 Payment Receipt # DC-25524-2014 FARAHMAND, ROGER A. (2.00) 04/10/2014 Transaction Assessment 2.00 04/10/2014 Payment Receipt # DC-26831-2014 FARAHMAND, ROGER A. (2.00) 04/17/2014 Transaction Assessment 2.00 04/17/2014 Payment Receipt # DC-29154-2014 FARAHMAND, ROGER A. (2.00) 04/21/2014 Transaction Assessment 2.00 04/21/2014 Payment Receipt # DC-29986-2014 FARAHMAND, ROGER A. (2.00) 04/23/2014 Transaction Assessment 2.00 04/23/2014 Payment Receipt # DC-30921-2014 FARAHMAND, ROGER A. (2.00) 04/23/2014 Transaction Assessment 2.00 04/23/2014 Payment Receipt # DC-30945-2014 FARAHMAND, ROGER A. (2.00)
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04/24/2014 Transaction Assessment 8.00 04/24/2014 Transaction Assessment 8.00 04/24/2014 Payment Receipt # DC-31124-2014 Gary Sherman (16.00) 04/28/2014 Transaction Assessment 2.00 04/28/2014 Payment Receipt # DC-32057-2014 FARAHMAND, ROGER A. (2.00) 05/02/2014 Transaction Assessment 2.00 05/02/2014 Payment Receipt # DC-33663-2014 FARAHMAND, ROGER A. (2.00) 05/02/2014 Transaction Assessment 2.00 05/02/2014 Payment Receipt # DC-33664-2014 FARAHMAND, ROGER A. (2.00) 05/06/2014 Transaction Assessment 2.00 05/06/2014 Payment Receipt # DC-34317-2014 FARAHMAND, ROGER A. (2.00) 05/08/2014 Transaction Assessment 2.00 05/08/2014 Payment Receipt # DC-35500-2014 FARAHMAND, ROGER A. (2.00) 05/09/2014 Transaction Assessment 2.00 05/09/2014 Payment Receipt # DC-36083-2014 FARAHMAND, ROGER A. (2.00) 05/09/2014 Transaction Assessment 2.00 05/09/2014 Payment Receipt # DC-36086-2014 FARAHMAND, ROGER A. (2.00) 05/09/2014 Transaction Assessment 2.00 05/09/2014 Payment Receipt # DC-36091-2014 FARAHMAND, ROGER A. (2.00) 05/16/2014 Transaction Assessment 2.00 05/16/2014 Payment Receipt # DC-38273-2014 FARAHMAND, ROGER A. (2.00) 05/19/2014 Transaction Assessment 2.00 05/19/2014 Payment Receipt # DC-38487-2014 FARAHMAND, ROGER A. (2.00) 05/19/2014 Transaction Assessment 2.00 05/19/2014 Payment Receipt # DC-38777-2014 FARAHMAND, ROGER A. (2.00) 05/23/2014 Transaction Assessment 2.00 05/23/2014 Payment Receipt # DC-40326-2014 FARAHMAND, ROGER A. (2.00) 05/23/2014 Transaction Assessment 2.00 05/23/2014 Payment Receipt # DC-40332-2014 FARAHMAND, ROGER A. (2.00) 05/23/2014 Transaction Assessment 2.00 05/23/2014 Payment Receipt # DC-40347-2014 FARAHMAND, ROGER A. (2.00) 05/23/2014 Transaction Assessment 2.00 05/23/2014 Payment Receipt # DC-40363-2014 FARAHMAND, ROGER A. (2.00) 05/27/2014 Transaction Assessment 2.00 05/27/2014 Payment Receipt # DC-40684-2014 FARAHMAND, ROGER A. (2.00) 05/29/2014 Transaction Assessment 2.00 05/29/2014 Payment Receipt # DC-41719-2014 FARAHMAND, ROGER A. (2.00) 05/29/2014 Transaction Assessment 2.00 05/29/2014 Payment Receipt # DC-41844-2014 FARAHMAND, ROGER A. (2.00) 06/03/2014 Transaction Assessment 10.00 06/03/2014 Payment Receipt # DC-42961-2014 Julio C Arrobas (10.00) 06/05/2014 Transaction Assessment 2.00 06/05/2014 Payment Receipt # DC-43854-2014 FARAHMAND, ROGER A. (2.00) 06/09/2014 Transaction Assessment 2.00 06/09/2014 Payment Receipt # DC-45391-2014 FARAHMAND, ROGER A. (2.00) 06/09/2014 Transaction Assessment 2.00 06/09/2014 Payment Receipt # DC-45429-2014 FARAHMAND, ROGER A. (2.00) 06/09/2014 Transaction Assessment 2.00 06/09/2014 Payment Receipt # DC-45505-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45521-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45531-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45534-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45542-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45545-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45551-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45560-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45633-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45682-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45693-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45697-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45715-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45759-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45760-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45768-2014 FARAHMAND, ROGER A. (2.00)
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06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45770-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45775-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45782-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45783-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45810-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45814-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45876-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45878-2014 FARAHMAND, ROGER A. (2.00) 06/13/2014 Transaction Assessment 2.00 06/13/2014 Payment Receipt # DC-47026-2014 FARAHMAND, ROGER A. (2.00) 06/13/2014 Transaction Assessment 2.00 06/13/2014 Payment Receipt # DC-47216-2014 FARAHMAND, ROGER A. (2.00) 06/13/2014 Transaction Assessment 2.00 06/13/2014 Payment Receipt # DC-47219-2014 FARAHMAND, ROGER A. (2.00) 06/13/2014 Transaction Assessment 2.00 06/13/2014 Payment Receipt # DC-47220-2014 FARAHMAND, ROGER A. (2.00) 06/13/2014 Transaction Assessment 2.00 06/13/2014 Payment Receipt # DC-47225-2014 FARAHMAND, ROGER A. (2.00) 06/16/2014 Transaction Assessment 2.00 06/16/2014 Payment Receipt # DC-47344-2014 FARAHMAND, ROGER A. (2.00) 06/16/2014 Transaction Assessment 2.00 06/16/2014 Payment Receipt # DC-47765-2014 FARAHMAND, ROGER A. (2.00) 06/17/2014 Transaction Assessment 2.00 06/17/2014 Payment Receipt # DC-48013-2014 FARAHMAND, ROGER A. (2.00) 06/17/2014 Transaction Assessment 2.00 06/17/2014 Payment Receipt # DC-48039-2014 FARAHMAND, ROGER A. (2.00) 06/17/2014 Transaction Assessment 2.00 06/17/2014 Payment Receipt # DC-48096-2014 FARAHMAND, ROGER A. (2.00) 06/18/2014 Transaction Assessment 2.00 06/18/2014 Payment Receipt # DC-48265-2014 FARAHMAND, ROGER A. (2.00) 06/18/2014 Transaction Assessment 2.00 06/18/2014 Payment Receipt # DC-48541-2014 Koons Fuller (2.00) 06/19/2014 Transaction Assessment 2.00 06/19/2014 Payment Receipt # DC-48741-2014 FARAHMAND, ROGER A. (2.00) 06/19/2014 Transaction Assessment 2.00 06/19/2014 Payment Receipt # DC-48847-2014 FARAHMAND, ROGER A. (2.00) 06/19/2014 Transaction Assessment 2.00 06/19/2014 Payment Receipt # DC-48852-2014 FARAHMAND, ROGER A. (2.00) 06/20/2014 Transaction Assessment 2.00 06/20/2014 Payment Receipt # DC-49060-2014 FARAHMAND, ROGER A. (2.00) 06/20/2014 Transaction Assessment 2.00 06/20/2014 Payment Receipt # DC-49144-2014 FARAHMAND, ROGER A. (2.00) 06/25/2014 Transaction Assessment 2.00 06/25/2014 Payment Receipt # DC-50394-2014 FARAHMAND, ROGER A. (2.00) 06/25/2014 Transaction Assessment 2.00 06/25/2014 Payment Receipt # DC-50395-2014 FARAHMAND, ROGER A. (2.00) 06/25/2014 Transaction Assessment 2.00 06/25/2014 Payment Receipt # DC-50398-2014 FARAHMAND, ROGER A. (2.00) 06/27/2014 Transaction Assessment 2.00 06/27/2014 Payment Receipt # DC-51488-2014 FARAHMAND, ROGER A. (2.00) 06/30/2014 Transaction Assessment 2.00 06/30/2014 Payment Receipt # DC-51638-2014 FARAHMAND, ROGER A. (2.00) 07/01/2014 Transaction Assessment 2.00 07/01/2014 Payment Receipt # DC-52142-2014 FARAHMAND, ROGER A. (2.00) 07/08/2014 Transaction Assessment 2.00 07/08/2014 Payment Receipt # DC-53384-2014 FARAHMAND, ROGER A. (2.00) 07/09/2014 Transaction Assessment 2.00 07/09/2014 Payment Receipt # DC-53796-2014 FARAHMAND, ROGER A. (2.00) 07/10/2014 Transaction Assessment 2.00 07/10/2014 Payment Receipt # DC-54327-2014 FARAHMAND, ROGER A. (2.00) 07/11/2014 Transaction Assessment 2.00 07/11/2014 Payment Receipt # DC-54689-2014 FARAHMAND, ROGER A. (2.00) 07/15/2014 Transaction Assessment 2.00 07/15/2014 Payment Receipt # DC-55240-2014 FARAHMAND, ROGER A. (2.00) 07/18/2014 Transaction Assessment 2.00 07/18/2014 Payment Receipt # DC-56642-2014 FARAHMAND, ROGER A. (2.00) 07/21/2014 Transaction Assessment 2.00 07/21/2014 Payment Receipt # DC-56793-2014 FARAHMAND, ROGER A. (2.00) 07/22/2014 Transaction Assessment 2.00 07/22/2014 Payment Receipt # DC-57512-2014 FARAHMAND, ROGER A. (2.00) 07/28/2014 Transaction Assessment 2.00
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07/28/2014 Payment Receipt # DC-58937-2014 FARAHMAND, ROGER A. (2.00) 07/28/2014 Transaction Assessment 2.00 07/28/2014 Payment Receipt # DC-58948-2014 FARAHMAND, ROGER A. (2.00) 07/29/2014 Transaction Assessment 2.00 07/29/2014 Payment Receipt # DC-59171-2014 FARAHMAND, ROGER A. (2.00) 08/01/2014 Transaction Assessment 2.00 08/01/2014 Payment Receipt # DC-60207-2014 FARAHMAND, ROGER A. (2.00) 08/04/2014 Transaction Assessment 2.00 08/04/2014 Payment Receipt # DC-60593-2014 FARAHMAND, ROGER A. (2.00) 08/11/2014 Transaction Assessment 2.00 08/11/2014 Payment Receipt # DC-62981-2014 FARAHMAND, ROGER A. (2.00) 08/13/2014 Transaction Assessment 2.00 08/13/2014 Payment Receipt # DC-63796-2014 FARAHMAND, ROGER A. (2.00) 08/14/2014 Transaction Assessment 2.00 08/14/2014 Payment Receipt # DC-63925-2014 FARAHMAND, ROGER A. (2.00) 08/15/2014 Transaction Assessment 2.00 08/15/2014 Payment Receipt # DC-64514-2014 FARAHMAND, ROGER A. (2.00) 08/18/2014 Transaction Assessment 2.00 08/18/2014 Payment Receipt # DC-65055-2014 FARAHMAND, ROGER A. (2.00) 08/19/2014 Transaction Assessment 2.00 08/19/2014 Payment Receipt # DC-65113-2014 FARAHMAND, ROGER A. (2.00) 08/19/2014 Transaction Assessment 2.00 08/19/2014 Payment Receipt # DC-65488-2014 FARAHMAND, ROGER A. (2.00) 08/21/2014 Transaction Assessment 2.00 08/21/2014 Payment Receipt # DC-65993-2014 FARAHMAND, ROGER A. (2.00) 08/21/2014 Transaction Assessment 2.00 08/21/2014 Payment Receipt # DC-66024-2014 FARAHMAND, ROGER A. (2.00) 08/28/2014 Transaction Assessment 2.00 08/28/2014 Payment Receipt # DC-67998-2014 FARAHMAND, ROGER A. (2.00) 09/02/2014 Transaction Assessment 2.00 09/02/2014 Payment Receipt # DC-68565-2014 FARAHMAND, ROGER A. (2.00) 09/02/2014 Transaction Assessment 2.00 09/02/2014 Payment Receipt # DC-68871-2014 FARAHMAND, ROGER A. (2.00) 09/02/2014 Transaction Assessment 2.00 09/02/2014 Payment Receipt # DC-68885-2014 FARAHMAND, ROGER A. (2.00) 09/08/2014 Transaction Assessment 2.00 09/08/2014 Payment Receipt # DC-70416-2014 FARAHMAND, ROGER A. (2.00) 09/08/2014 Transaction Assessment 2.00 09/08/2014 Payment Receipt # DC-70540-2014 FARAHMAND, ROGER A. (2.00) 09/16/2014 Transaction Assessment 2.00 09/16/2014 Payment Receipt # DC-73062-2014 FARAHMAND, ROGER A. (2.00) 09/22/2014 Transaction Assessment 2.00 09/22/2014 Payment Receipt # DC-74392-2014 FARAHMAND, ROGER A. (2.00) 09/24/2014 Transaction Assessment 2.00 09/24/2014 Payment Receipt # DC-75062-2014 FARAHMAND, ROGER A. (2.00) 09/25/2014 Transaction Assessment 2.00 09/25/2014 Payment Receipt # DC-75417-2014 FARAHMAND, ROGER A. (2.00) 10/06/2014 Transaction Assessment 2.00 10/06/2014 Payment Receipt # DC-78147-2014 FARAHMAND, ROGER A. (2.00) 10/07/2014 Transaction Assessment 2.00 10/07/2014 Payment Receipt # DC-78626-2014 FARAHMAND, ROGER A. (2.00) 10/08/2014 Transaction Assessment 2.00 10/08/2014 Payment Receipt # DC-79635-2014 FARAHMAND, ROGER A. (2.00) 10/15/2014 Transaction Assessment 2.00 10/15/2014 Payment Receipt # DC-81899-2014 FARAHMAND, ROGER A. (2.00) 10/27/2014 Transaction Assessment 2.00 10/27/2014 Payment Receipt # DC-85317-2014 FARAHMAND, ROGER A. (2.00) 10/28/2014 Transaction Assessment 2.00 10/28/2014 Payment Receipt # DC-85688-2014 FARAHMAND, ROGER A. (2.00) 11/26/2014 Transaction Assessment 2.00 11/26/2014 Payment Receipt # DC-95888-2014 FARAHMAND, ROGER A. (2.00) 12/01/2014 Transaction Assessment 2.00 12/01/2014 Payment Receipt # DC-96480-2014 FARAHMAND, ROGER A. (2.00) 12/02/2014 Transaction Assessment 2.00 12/02/2014 Payment Receipt # DC-96960-2014 FARAHMAND, ROGER A. (2.00) 12/02/2014 Transaction Assessment 2.00 12/02/2014 Payment Receipt # DC-97164-2014 FARAHMAND, ROGER A. (2.00) 12/04/2014 Transaction Assessment 2.00 12/04/2014 Payment Receipt # DC-98120-2014 FARAHMAND, ROGER A. (2.00) 12/10/2014 Transaction Assessment 2.00 12/10/2014 Payment Receipt # DC-99725-2014 FARAHMAND, ROGER A. (2.00) 12/11/2014 Transaction Assessment 2.00 12/11/2014 Payment Receipt # DC-100452-2014 FARAHMAND, ROGER A. (2.00) 12/12/2014 Transaction Assessment 2.00 12/12/2014 Payment Receipt # DC-100615-2014 FARAHMAND, ROGER A. (2.00) 12/12/2014 Transaction Assessment 2.00 12/12/2014 Payment Receipt # DC-100680-2014 FARAHMAND, ROGER A. (2.00) 12/12/2014 Transaction Assessment 2.00 12/12/2014 Payment Receipt # DC-100731-2014 FARAHMAND, ROGER A. (2.00)
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12/30/2013 Transaction Assessment 284.00 12/30/2013 Transaction Assessment 8.00 12/30/2013 Transaction Assessment 8.00 12/30/2013 Payment Receipt # DC-63819-2013 FARAHMAND, ROGER A. (300.00)
Respondent Farahmand, Maryam Total Financial Assessment 228.00 Total Payments and Credits 228.00 Balance Due as of 07/06/2015 0.00
01/24/2014 Transaction Assessment 2.00 01/24/2014 Payment Receipt # DC-05866-2014 Farahmand, Maryam (2.00) 01/27/2014 Transaction Assessment 2.00 01/27/2014 Payment Receipt # DC-06362-2014 Farahmand, Maryam (2.00) 01/27/2014 Transaction Assessment 52.00 01/27/2014 Payment Receipt # DC-06370-2014 Farahmand, Maryam (52.00) 01/28/2014 Transaction Assessment 2.00 01/28/2014 Payment Receipt # DC-06600-2014 Farahmand, Maryam (2.00) 01/28/2014 Transaction Assessment 2.00 01/28/2014 Payment Receipt # DC-06623-2014 Farahmand, Maryam (2.00) 02/05/2014 Transaction Assessment 2.00 02/05/2014 Payment Receipt # DC-08569-2014 Farahmand, Maryam (2.00) 02/25/2014 Transaction Assessment 2.00 02/25/2014 Payment Receipt # DC-14149-2014 Farahmand, Maryam (2.00) 02/26/2014 Transaction Assessment 2.00 02/26/2014 Payment Receipt # DC-14447-2014 Farahmand, Maryam (2.00) 03/06/2014 Transaction Assessment 2.00 03/06/2014 Payment Receipt # DC-16467-2014 Farahmand, Maryam (2.00) 04/04/2014 Transaction Assessment 2.00 04/04/2014 Payment Receipt # DC-25346-2014 Farahmand, Maryam (2.00) 04/06/2015 Waiver 2.00 04/25/2014 Transaction Assessment 2.00 04/25/2014 Payment Receipt # DC-31710-2014 Farahmand, Maryam (2.00) 05/01/2014 Transaction Assessment 2.00 05/01/2014 Payment Receipt # DC-32957-2014 Farahmand, Maryam (2.00) 05/22/2014 Transaction Assessment 2.00 05/22/2014 Payment Receipt # DC-39989-2014 Farahmand, Maryam (2.00) 05/27/2014 Transaction Assessment 2.00 05/27/2014 Payment Receipt # DC-40611-2014 Farahmand, Maryam (2.00) 05/27/2014 Transaction Assessment 2.00 05/27/2014 Payment Receipt # DC-40631-2014 Farahmand, Maryam (2.00) 06/09/2014 Transaction Assessment 2.00 06/09/2014 Payment Receipt # DC-45432-2014 Farahmand, Maryam (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45553-2014 Farahmand, Maryam (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt # DC-45554-2014 Farahmand, Maryam (2.00) 06/13/2014 Transaction Assessment 2.00 06/13/2014 Payment Receipt # DC-47308-2014 Farahmand, Maryam (2.00) 06/16/2014 Transaction Assessment 2.00 06/16/2014 Payment Receipt # DC-47674-2014 Farahmand, Maryam (2.00) 06/18/2014 Transaction Assessment 2.00 06/18/2014 Payment Receipt # DC-48571-2014 Farahmand, Maryam (2.00) 06/19/2014 Transaction Assessment 2.00 06/19/2014 Payment Receipt # DC-48871-2014 Farahmand, Maryam (2.00) 06/20/2014 Transaction Assessment 2.00 06/20/2014 Payment Receipt # DC-49061-2014 Farahmand, Maryam (2.00) 06/20/2014 Transaction Assessment 2.00 06/20/2014 Payment Receipt # DC-49062-2014 Farahmand, Maryam (2.00) 06/23/2014 Transaction Assessment 2.00 06/23/2014 Payment Receipt # DC-49724-2014 Farahmand, Maryam (2.00) 06/27/2014 Transaction Assessment 2.00 06/27/2014 Payment Receipt # DC-51243-2014 Farahmand, Maryam (2.00) 06/27/2014 Transaction Assessment 2.00 06/27/2014 Payment Receipt # DC-51245-2014 Farahmand, Maryam (2.00) 06/27/2014 Transaction Assessment 2.00 06/27/2014 Payment Receipt # DC-51349-2014 Farahmand, Maryam (2.00) 06/27/2014 Transaction Assessment 2.00 06/27/2014 Payment Receipt # DC-51416-2014 Farahmand, Maryam (2.00) 06/27/2014 Transaction Assessment 2.00 06/27/2014 Payment Receipt # DC-51486-2014 Farahmand, Maryam (2.00) 06/30/2014 Transaction Assessment 2.00 06/30/2014 Payment Receipt # DC-51727-2014 Farahmand, Maryam (2.00) 07/02/2014 Transaction Assessment 2.00 07/02/2014 Payment Receipt # DC-52422-2014 Farahmand, Maryam (2.00) 07/10/2014 Transaction Assessment 2.00 07/10/2014 Payment Receipt # DC-54231-2014 Farahmand, Maryam (2.00)
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07/11/2014 Transaction Assessment 2.00 07/11/2014 Payment Receipt # DC-54707-2014 Farahmand, Maryam (2.00) 07/14/2014 Transaction Assessment 2.00 07/14/2014 Payment Receipt # DC-54773-2014 Farahmand, Maryam (2.00) 07/14/2014 Transaction Assessment 2.00 07/14/2014 Payment Receipt # DC-54784-2014 Farahmand, Maryam (2.00) 07/16/2014 Transaction Assessment 2.00 07/16/2014 Payment Receipt # DC-55533-2014 Farahmand, Maryam (2.00) 07/16/2014 Transaction Assessment 2.00 07/16/2014 Payment Receipt # DC-55671-2014 Farahmand, Maryam (2.00) 07/24/2014 Transaction Assessment 2.00 07/24/2014 Payment Receipt # DC-58175-2014 Farahmand, Maryam (2.00) 07/24/2014 Transaction Assessment 2.00 07/24/2014 Payment Receipt # DC-58176-2014 Farahmand, Maryam (2.00) 07/24/2014 Transaction Assessment 2.00 07/24/2014 Payment Receipt # DC-58178-2014 Farahmand, Maryam (2.00) 07/29/2014 Transaction Assessment 2.00 07/29/2014 Payment Receipt # DC-59516-2014 Farahmand, Maryam (2.00) 08/21/2014 Transaction Assessment 2.00 08/21/2014 Payment Receipt # DC-66111-2014 Farahmand, Maryam (2.00) 08/21/2014 Transaction Assessment 2.00 08/21/2014 Payment Receipt # DC-66124-2014 Farahmand, Maryam (2.00) 09/03/2014 Transaction Assessment 2.00 09/03/2014 Payment Receipt # DC-69255-2014 Farahmand, Maryam (2.00) 09/03/2014 Transaction Assessment 2.00 09/03/2014 Payment Receipt # DC-69257-2014 Farahmand, Maryam (2.00) 09/03/2014 Transaction Assessment 2.00 09/03/2014 Payment Receipt # DC-69262-2014 Farahmand, Maryam (2.00) 09/11/2014 Transaction Assessment 2.00 09/11/2014 Payment Receipt # DC-71290-2014 Farahmand, Maryam (2.00) 09/15/2014 Transaction Assessment 2.00 09/15/2014 Payment Receipt # DC-72202-2014 Farahmand, Maryam (2.00) 09/24/2014 Transaction Assessment 2.00 09/24/2014 Payment Receipt # DC-75024-2014 Farahmand, Maryam (2.00) 09/24/2014 Transaction Assessment 2.00 09/24/2014 Payment Receipt # DC-75026-2014 Farahmand, Maryam (2.00) 10/02/2014 Transaction Assessment 2.00 10/02/2014 Payment Receipt # DC-77754-2014 Farahmand, Maryam (2.00) 10/09/2014 Transaction Assessment 2.00 10/09/2014 Payment Receipt # DC-80264-2014 Farahmand, Maryam (2.00) 10/09/2014 Transaction Assessment 2.00 10/09/2014 Payment Receipt # DC-80358-2014 Farahmand, Maryam (2.00) 10/10/2014 Transaction Assessment 2.00 10/10/2014 Payment Receipt # DC-80477-2014 Farahmand, Maryam (2.00) 10/15/2014 Transaction Assessment 2.00 10/15/2014 Payment Receipt # DC-81725-2014 Farahmand, Maryam (2.00) 10/20/2014 Transaction Assessment 2.00 10/20/2014 Payment Receipt # DC-83241-2014 Farahmand, Maryam (2.00) 10/23/2014 Transaction Assessment 2.00 10/23/2014 Payment Receipt # DC-84515-2014 Farahmand, Maryam (2.00) 11/19/2014 Transaction Assessment 2.00 11/19/2014 Payment Receipt # DC-93618-2014 Farahmand, Maryam (2.00) 11/19/2014 Transaction Assessment 2.00 11/19/2014 Payment Receipt # DC-93712-2014 Farahmand, Maryam (2.00) 11/19/2014 Transaction Assessment 2.00 11/19/2014 Payment Receipt # DC-93789-2014 Farahmand, Maryam (2.00) 11/26/2014 Transaction Assessment 52.00 11/26/2014 Payment Receipt # DC-96196-2014 Farahmand, Maryam (52.00) 12/09/2014 Transaction Assessment 2.00 12/09/2014 Payment Receipt # DC-99422-2014 Farahmand, Maryam (2.00) 12/10/2014 Transaction Assessment 2.00 12/10/2014 Payment Receipt # DC-99938-2014 Farahmand, Maryam (2.00) 12/12/2014 Transaction Assessment 2.00
Respondent Horak, Dawn M. Grams Total Financial Assessment 2.00 Total Payments and Credits 2.00 Balance Due as of 07/06/2015 0.00
12/09/2014 Transaction Assessment 2.00 12/09/2014 Payment Receipt # DC-99484-2014 Horak, Dawn M. Grams (2.00)
15 of 15 7/6/2015 10:30 AM ROGER FARAHMAND’S RECORD TAB 2 NAO\.~~ .wG _ IN TIIE MATTER OF § INTHE1Dl TIIE MARRIAGE OF § § - ROGERARASHFARAHMAND AND MARYAM FARAHMAND § § § JUDICIAL DISTRICT COURT --- ...... ...... § AND IN TIIE INTEREST OF § § COLLIN COUNTY, TEXAS A MINOR CHILD §
ORIGINAL PETITION FOR DIVORCE, EMERGENCY (EX PARTE) REQUEST FOR EXTRAORDINARY RELIEF, AND REQUEST FOR TEMPORARY ORDERS
TO TIIE HONORABLE JUDGE OF SAID COURT:
This Original Petition for Divorce, Ex Parte Request for Emergency/Extraordinary Relief and Request for Temporary Orders is brought by ROGER ARASH FARAHMAND, Petitioner, (hereinafter referred to as "ROGER FARAHMAND") who is a resident of Collin County, Texas. MARYAMFARAHMAND, Respondent, is also a resident of Collin County, Texas.
I. DISCOVERY CONTROL PLAN
Discovery in this suit is intended to be conducted under Level 2, Rule 190.3 of the Texas Rules of Civil Procedure.
II. JURISDICTION
Petitioner has been a domiciliary of this State for the preceding six ( 6) month period and a resident of Collin County for the preceding ninety (90) day period.
III. SERVICE
Process should be served on MARYAM FARAHMAND at or any other location she may be found.
ORJGINAL PETITION FOR DIVORCE, EMERGENCY (EX PARTE)REOUEST FOR EXTRAORDINARY RELIEF, AND REQUEST FOR TEMPORARY ORDERS Pg. 1 IV. GROUNDS
The parties were married on or about July 28, 2012 and have ceased living together as husband and wife. The marriage has become insupportable because of a discord or conflict of personalities between. ROGER. FARAHMAND and MARYAM FARAHMAND that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
v. CHILD OF THE MARRIAGE
ROGER FARAHMAND and MARYAM FARAHMAND are parents of the following minor child of this marriage, who is not under the continuing jurisdiction of any other court: who was. born There are no court-ordered conservatorships, court-ordered gu;rr4ianships, or other court-ordered relationships affecting the child the subject of this suit. lnformation as required by section l54.18l(b)(l) of the Texas Faruily Code is provided below. ROGER FARAHMAND believes that he and MARYAM FARAHMAND may enter into a written agreement containing provisions for the conservatorship, possession of and access to, support and health insurance pertainingto the child. If such an agreement is not made however, then ROGER FARAHMAND requests the Court to make appropriate orders of and pertaining to the child for conservatorship, possession, access, ____ _support andhealth instrrance. __ __ _ ____ __ __ _ ___ _____ ___________ _
The appointment of ROGER FARAHMAND and MARYAM FARAHMAND as joint managing conservators.would not be in the best interest of ROGER FARAHMAND, On final hearing, should be appointed sole managing conservator, ROGER FARAHMAND requests that MARYAM FARAHMAND' s possession of and access to be monitored and supervised by a competent individual/entity. ROGER FARAHMAND should be awarded possession of the child at all other times not otherwise awarded to MARYAM FARAHMAND.
In the 2nd alternative, ROGER FARAHMAND requests that he and MARYAM FARAHMAND be designated joint managing conservators and that he have the exclusive right to designate the primary residence of the child. ROGER FARAHMAND requests that MARYAM FARAHMAND be awarded possession and access in accordance with the Texas Family Code, Chapter 153.312 to 153.317. ROGER FARAHMAND should be awarded possession of the child at all other times not otherwise awarded to MARYAMFARAHMAND.
In all alternatives, ROGER FARAHMAND requests that payments for the support of the child and medical support should be ordered in an amount supported by the guidelines set forth in the Texas Family Code and paid in the manner specified by the Collrt. ROGER
ORIGINAL PETITION FOR DNORCE, §)y[J);RGEN,CY (EXPAl{[filBJl_Q__1J!lS'LfOR EXTRAORDINARY RELIEF, AND REQUEST FOR TEMPORARY ORDERS Pg.2 ''
FARAHMAND also requests that MARYAM FARAHMAND seek and follow all recommendations by a qualified psychiatrist and psychologist as well as .to submit to random drug testing, upon request by either ROGER FARAHMAND and/oraqualified testing facility.
VI. MANAGINGCONSERVATORSIITP,POSSESSION AND ACCESS, RIGHTS, PR!VILIGES, DUTIES, AND POWERS
The child's present living environment with MARYAM FARAHMAND, without the imposition of a court order, would endanger the child's physical health and/or significantly impair the child's emotional development The appointment of ROGER FARAHMAND and MARYAM FARAHMAND as joint managing conservators would not be in the best interest of the child, ROGER FARAHMAND, on final hearing, should be appointed sole managing conservator, with all the rights and duties of a sole managing conservator. MARYAM FARAHMAND should be appointed possessory conservator with possession and access as determined appropriate following a psychological evaluation and drug and alcohol evaluation, monitoring and supervision with all the rights and duties of a parent conservator,
ROGER FARAHMAND should be designated as the conservator who has the exclusive right to designate the child's primary residence, along with all other rights and duties of a sole managing conservator. In the alternative, ROGER FARAHMAND requests that he and MARYAM FARAHMAND be designated joint managing conservators and ROGER ................... -·- ..... _ FARAHMANDshould bedesignated astheconservatorwho has the exclusive righttodesignate _ the child's primary residence.
VII, REQUIRED INFORMATION ABOUT CHILD
Information required by section 154.181 (b)( 1) of the Texas Family Code is provided as follows: Blue Cross, Blue Shield is in effect for the child.
VIII. DIVISION OF MARITAL ESTATE
ROGER FARAHMAND requests the Courtto divide the estate of the parties in a manner that the Court deems just and right, as provided by law. ROGER FARAHMAND believes he and MARYAM FARAHMAND may enter into an agreement for the division of their estate and ifso, would ask the Court to approve such agreement. If such agreement is not made however, then ROGER FARAHMAND requests the Court to order a division of their estate in a manner that the Court deems just and right, and fair and equitable, as provided by law.
ORIGINAL PETifION FOR DIVORCE, EMERGENCY @X PARTE) REQUEST FOR EXTRAORDil\lARY RELIEF, AND REQUEST FOR TEMPORARY ORDERS Pg.3 If''') ~;
IX. SEPARATE PROPERTY
ROGER FARAHMAND owns certain sep!l!l\te property that is not part of the community estate of the parties, and ROGER FARAHMAND requests the Court to confirm that separate property as ROGER FARAHMAND's separate property and estate.
x. Cllll,J)'S PROPERTY
No property of consequence is owned or possessed by the child the subject of this suit.
XI. REQUEST FORTEMPORARY ORDE,RS REGARDING CIIlLD
ROGER F ARAHMAND requests the Court, after notice and hearing, to dispense with the necessity of a bond and to make temporary orders and issue any appropriate temporary injunctions for the safety and welfare of the child as deemed necessary and equitable, including but not limited to the following:
Appointing ROGER FARAHMAND temporary sole managing conservator and MARYAM FARAHMAND temporary possessory conservator; or in the alternative, appointing ROGER FARAHMAND and MARYAM FARAHMAND temporary joint managing --- ---------- ---- ----- - --- --------- - -------------------------------------------------------------------------------- ------ --------------------------- ---------- -------------------------------------------------------------------------------- . . . . . . . . . .. .... . . .... ..
conservators, and appointing ROGER FARAHMAND the temporary conservator who has the exclusive right to designate the primary residence of the child.
ROGER FARAHMAND requests that MARYAM FARAHMAND's possession of and access to be monitored and supervised by a competent individual/entity in accordance with the Texas Family Code. ROGER FARAHMAND should be awarded possession of the child at all other times not otherwise awarded to MARYAM FARAHMAND.
Ordering a forensic custody evaluation/social study to be .conducted to look into the circumstances and condition of and of the home of any person requesting managing conservatorship or possession of .
Ordering that MARYAM FARAHMAND submit to a forensic psychiatric and/or psychological evaluation.
Ordering MARYAM FARAHMAND to submit to drug and alcohol evaluation by a licensed psychiatrist and/or psychologist.
()R!_QINAL PETITION FOR DIVORCE, EMERGENCY (EX PARTE)REQUEST FOR EXTRAORDINARY RELIEF, ;\NJ;> REQUESTFOR TEMPORARY ORDERS Pg.4 Ordering MARYAM FARAHMAND to comply with all recommendations and/or treatment plans from any medical professionals and/or Court appointed experts.
Ordering MARYAM FARAHMAND to submit to a hair follicle test, fingernail test, and/or any other test that may be requested by ROGER FARAHMAND, as well as specific and random drug testing, upon request by either ROGER FARAHMAND and/or a testing facility.
Payments for the support of the child should be .ordered in the manner specified by the Court. The requested relief is in the best interest of the child,
With regard to the requested temporary order for managing conservatorship, ROGER FARAHMAND would show the Court the following:
These temporary orders are ne~essary because without the impositi9n of a court order to protect · the child, 01e child's present living environment with MARYAM FARAHMAND :would endanger the child's physical health or significantly impair the !!hild's emotional development. Also i!.l support of, see:
XII. REQUEST FOR EX PARTE EMERGENCY/EXTRAORDINARY RELIEF
As a basis for the emergency/extraordinary relief requested herein, ROGER FARAHMAND would show that prior to thepresentation ofthisQilIGINAL PETIJIQNFOR TIIVORCE that MARYAM FARAHMAND has engaged in the conduct set forth in his affidavit, attached hereto as Exhibit "I." ROGER FARAHMAND requests such relief be granted immediately, without notice or hearing, and that a hearing be scheduled on.such issues on the first available date. This order is necessary to protect the child B!).Sed on that affidavit, ROGER FARAHMAl'IDrequests tl1e Court to issue an emergency temporary ex parte emergency order for the protection ofthe child and ordering the following relief:
Prohibited (and ordered) from having any unsupervised physical possession of and/or access to the child until further ord?r ofthe Court;
Prohibited (and ordered) from removing from ROGER ARASH FARAHMAND's care.
ORIGINAL PETITlON FOR DIVORCE, EMERGENCY (EX PARTE) RE.QUEST FOR EXTRAO@INARY RELIEF, AND REQUEST FOR TEMPO&IBX..QRDERS Pg.5 XIII. REQUEST FOR TEMPORARY ORDERS FOR DISCOVERY. AND ANCILLARY RELIEF
ROGER FARAHMAND requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders for discovery and ancillary relief as deemed necessary and equitable, including but not limited to the following:
Ordering MARYAM FARAHMAND to provide a sworn inventory and appraisement of all .the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties substantially in the form and detail prescribed by the Texas Family Law Practice Mtmual(2d ed.), form 7-1.
Ordering MARYAM FARAHMAND to execute all necessary releases required by ROGER FARAHMAND to obtain any discovery allowed by the Texas Rules of Civil Procedure, including but not limited to her past medical records, her cell phone records, her Facebook account records, and any other releases that ROGER FARAHMAND so requests.
Ordering MARYAM FARAHMAND to sign a HIPAA release by a date certain and to state in writing the name, address and phone number for all medical providers she has had in the past 5 years.
XIV. J J REOUESTFORTEMl'OR:ARYORDERSCONCERNINGUSEOFl'ROPERT~¥ i i I ROGER FARAHMAND requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders respecting the temporary use of the parties' property as deemed necessary and equitable, including but not limited to the following:
Awarding ROGER FARAHMAND the exclusive use and possession of the residence maintained by Petitioner before marriage located at its furniture, and furnishings during the pendency of this suit and enjoining MARYAM FARAHMAND from entering and remaining. on the premises of that residence, except as authorized by order of this Court and Awarding ROGER FARAHMAND the exclusive use and control of the motor vehicle in his possession and enjoining MARYAM FARAHMAND from entering, operating and/or exercising control over it.
ORIGINAL PETITION FOR DIVORCE, EMERGENCY There is no protective order under Title 4, Protective Orders and Family Violence, or section 6.504 ofthe Texas Family Code in effect. ROGER F ARAHMAND requests the Court to dispense with the issuance of a bond, and ROGER FARAHMAND requests after notice and hearing that MARYAM FARAHMAND be temporarily enjoined, pending the further order of this Court, from: I. Disrupting or removing from ROGER FARAHMAND; 2. Allowing from being in the direct presence of SHAMSI DAMAVANDI, BARMAN PARVIZ-KHYAVI or MAHSA PARVIZ until further order of the Court; 3. Approaching within three hundred (300) feet of either F from ROGER FARAHMAND at any location other than a site designated for supervised visitation; 4. Consuming narcotics or prescription medication without medical authorization; -- -j ' aod 5. consmnfniaiii-:i;rescdptlvenarcoffcs:torwhlc11M'.ARYAMFARAHMANDfuis a prescription, at levels other than as prescribed by her treating physician. XVII. COLLIN COUNTY STANDING ORDER REGARDING CHILDREN, PROPEll,TY AND THE CONDUCT_Q_F_PARTIES ,i ROGER FARAHMAND hereby incorporates the Collin County Staoding Order Regarding Children, Property and the Conduct of Parties to her pleadiogs. NOTICE TO PARTIES: YOU ARE ORDERED TO REl<'RAIN FROM DOING CERTAIN ACTS AND YOU ARE AUTIJORIZED TO DO CERTAIN ACTS AS SET FORTH. IN THE ORDER, EXCEPT AS OTIIERWISE MAY BE ORDERED. YOU ARE ADVISED TO .READ TI1E ORDFR IN ITS ENTIRETY. The Collin Com1ty Standing Order Regarding Children, Property and the Conduct of Parties is accordingly attached hereto and incorporated herein as if set forth in its entirety. See attached Exhibit "3. " ORJGINAL PETITION FOR DIVORCE, EMERGENCY (EX PARTE) REQUEST FOR EXTRAORI)JNARY RELIEF. AND REQUEST.FOR TEMPORARY OR.DERS Pg. 7 XVIII. ATTORNEY'S FEES AND EXPENSES It was necessary for ROGER FARAHMAND to secure the services of NACE & MOTLEY, L.L.P.,lawyers duly licensed and practicing in the State of Texas, to preserve, protect and defend ROGER FARAHMAND's rights and the child, and to prepare and prosecute this Cause of Action; and further for any necessary Appeal of this Cause of Action to the appropriate Court of Appeal, inclusive of, and not limited to Appeal to the Supreme Court of Texas, United States Federal District Court, Fifth Circuit Court of Appeals and the United States Supreme Court, by original or derivative action, or by way of "Writ of Error." In order to effect an equitable division of the Estate of the Parties, and as part thereof, Judgment for Attorney Fees should be rendered against MARYAM FARAIIMAND and in favor of ROGER FARAHMAND for the use and benefit of ROGER FARAHMAND's attorneys, for Trial of this Cause of Action, and for any and aU p.ecessary Appeal .of this Cause of Action, inclusive of Appeal to the Supreme Court of Texas, by "Petition for Review," all to bear interest at the highest rateallowed by Law; or, in the alternative, ROGER FARAHMAND requests that reasonable Attorney's Fees,· expenses and Costs be taxed as Costs of Court, and be further Ordered paid directly to the undersigned Attorney, who may enforce this Order for Attorney's Fees in the Attorney's own name, all to bear interest at the highest rate allowed by Law from date of Judgmentuntil paid. ROGER FARAHMAND stated further that all Legal Time spent on behalf of ROGER FARAHMAND, is maintained by ROGER FARAHMAND on computer at ... ROGER FARAHMAND's Attprney's Qffices in, J:)allas, Dallas.. County, Texas, .. which accounting and Attorney's Fees Rec9rds are available for inspectfon upon written notice bf Attorneys of Record for MARYAM FARAHMAND, during normal business hours. Respondent, MARYAM FARAHMAND, is hereby placed upon formal notice of this fact ROGER FARAHMAND further stat<,:s upon hearing and trial of this Cause of Action, together with any Temporary Hearings, ROGER FARAHMAND's Attorneys, specifically BRAD NACE or KRISTI MOTLEY, will testify as "Expert Witnesses" with reference to reasonable Attorney's Fees, Costs and Expenses, incurred by ROGER FARAHMAND, with reference to all aspects of this Cause of Action. PRAYER WHEREFORE, PREMISES CONSIDERED, ROGER FARAHMAND prays that citation and notice issue as required by law and: That this Court enter its orders in accordance with the allegations contained in this Petition; ORIGINAL PETITION FOR DIVORC~, EMERGENCY (EX PARTE) REQUEST FOR EXTRAORDINARY RELIEF. Al'filRJ;:OUEST FOR TEMPQRARY ORDERS Pg. 8 C~Y"J That ROGER FARAHMAND prays that the Court grant temporary injunctions in conformity with the aUegations of this petition and ROGER FARAHMAND prays that, after notice and hearing, temporary orders be issued in accordance with the requests made herein; That ROGER FARAHMAND prays that the Court grant all other relief requested on a temporary basis; That ROGER FARAHMAND be awarded reasonable Attorney's Fees, Expenses and Costs of Court, all to bear Interest at the highest rate allowed by Law from date of Judgment until paid; That ROGER FARAHMAND be awarded. such other and further relief, both general and specific, both at Law and in Equity, to which he may show himself to be justly entitled; and ROGER FARAHMAND prays for General Relief. Respectfully submitted, NACE & MOTLEY, L.L.P. The Crescent Court 100 Crescent Court, 7th Floor Dallas, Texas 75201 214-459-8:!_89__ 214-242-4333 facsimile By: ______ Bradford Nace . State Bar No. 24007726 CERTIFICATION.BY THEUNDERSIGN~D COUNSEL To the best of my knowledge the party against who relief is sought is not represented by counsel in the matter made the basis of this suit. 2 --- __ j ~ - - - - - - ~- -~ Bradford Nace Attorney for ROGER F ARAHMAND ORIGINAL PETITION FOR DIVORCE, EMERGENQY (EX PARTID REOU!';.ST FOR EXTRAORDINARY RELIEF, Al::Jl) REQUEST FOR TEMPORARY ORDERS Pg.9 ("') '--h./ NO. _ _ _ _ __ IN THE MATTER OF § INTIIB TIIB MARRIAGE OF § § ROGER ARASH F ARAHMAND § AND § JUDICIAL DISTRICT COURT MARYAM FARAHMAND § § AND IN THE INTEREST OF § § COLLIN COUNTY, TEXAS A MINOR CHILD § SUPPORTING AFFIDAVIT OF ROGER ARASH FARAHMAND COUNTY OF COLLIN § § STATE OF TEXAS § BEFORE ME, the undersigned authority, on this day personally appeared ROGER ARASH FARAHMAND (hereinafter referred to as "ROGER"), known to· me to be the person whose signature is affixed hereto, .and, who, after first being duly sworn on his oath did say he is over the ----ii --------------------- · ageofl8years;hasneverbeenconvictedofafetony,andiscornpetenttumakethisaffidavit;thathe .,., is the Petitioner in the above entitled and numbered cause; that he has read this AFFIDAVIT, has I knowledge of the facts contained herein, and that they are all true and correct. "I, ROGER ARASH FARAHMAND, am the Petitioner in this case and the Applicant seeking the EMERGENCY MOTION FOR EX PARTE/EXTRAORDINARY RELIEF. That Respondent, MARYAMFARAHMAND (hereinafter "MARYAM"), and I met on June 5, 2012 and married shortly thereafter on July 28, 2012. We have a son named. (hereinafter " '), age six (6) months, born July 9, 2013. MARYAM and her sister have had a significant history of instability and mental health issues. "From the outset, MARYAM's emotional volatility was evident, in private and later in public. That volatility (yelling, screaming, highs and lows) has been observed by numerous family, friends, business associates and partner, as well medical staff and now the police. Despite having a Ph.D. and two Master's Degrees, MARYAM has not held any meaningful employment immediately before, or during, ow marriage. It is my understanding that MARYAM had to leave her last place of employment due to mental instability. She applied for short-terni disability but was denied. "During our marriage, MARYAM told me that she went to Green Oaks in 2009 for an attempted suicide. She said she did not remember the exact details, only that she had a" breakdown" and overdosed. on Xanax. Recently however, she changed her story claiming that it was a "medication issue," and that's why she "overdosed onXanax." MARYAM later sought psychiatric SUPPORTING AFFIDAVIT OF ROGER ARA.SH FARAHMAND Pg. 1 counseling through Dr. SCOTT WOOD, M.D. for PTSD, severe self-esteem issues and depression, but per her words, ''he wouldn't do therapy" and that he ''just gave me medication." "MARYAM has told me that in the past she has been on a variety of pills, including Adderall, Prozac, Xanax and Seroquel but that she hasn't taken them since July 2012. Throughout our marriage, but more recently, MARYAM would have auditory hallucinations when she.would not sleep. I don't know if that condition is due to the medications she claimed she wasn't taking or something else; I do know MARYAM once destroyed her car from sleep deprivation (she was also recently in a "hit and run"). According to MARYAM, she fell asleep behind the wheel and did not remember the accident. That the Addetall helps keeps her awake, and she likes it because she "doesn't eat" and it Jets her "lose weight." (Conflicting with what she previously told me about her past pill usage). That she took Xanax and Melatonin to calm down, so she could go to sleep. "On November 15, 2013, MARYAM saw Dr. SCOTT WOOD, M.D.,and was prescdbed Prozac. Since then, MARYAM has refused to take that medication. On December 13, 2013, MARYAM threatened to harm herself, stating she has "no reason to live;" that "J wqnt to kill myself;" that "J don't want to look at baby-!just want to kill myselftoday." That"/ have nothing to live for anymore." That "I'm tired There is nothing I can do." She also repeated these things on the December \8. She began banging her head against the wall in front of (She has also banged her head against several walls before in the past). She spent Saturday i!lld Sunday in bed, and slept the entire time. She told me she was still not taking her Prozac. "On December 18, 2013, I left for work. MARYAM began blowing up my phone as well as thatofmy business partner. Fo11owing, !returned homewithmy business partner to find my mom at the house. MARYAM was holding screaming at the top of her lungs. I came in and MARYAM.started screaming and shouting the same things she usually does. My mom tried to calm her to no avail. MARYAM began hitting her head against the wall again. My mom removed our son and went into another room. I began to leave only to be stopped by MARYAM handing me her phone. Her mother was on the other end stating "she is going to kill herself," who then oscillated saying that her daughter was in "great mental shape." MARYAM was now tearing her hair from her head. Then BAHMAN PARVIZ-KHYAVI, her father, arrived. Following, MARYAM tells me "Now you can be happy. I just took 30 llydrocodones. "I immediately put MARYAM in the car and rushed her to PLANO PRESBYTERIAN EMERGENCY. "On December 18, 2013, MARYAM was involuntarily committed to PLANO PRESBYTERIAN EMERGENCY. There, MARYAM told the staff that she took" 30 Hydrocodone" because she doesn't "want want to live anymore." MARYAM's father demanded that MARYAM change her story and the reasons why she was there. To blame it on me and marital issues, not her mental health. Her father became furious with her when the nurses left, stating "don't tell them" she was "trying to kill" herself. That "these guys are mean" and "not trustworthy.'' That "they will make a record for her." That admonition despite her sister, MAHSA PARVIZ, having also attempted suicide, resulting in her hospitalization for having ingested twelve (12) Ambien pills. I told him to stop telling her that. I asked him "Don't you think she needs help?" He looked at me angrily andleft the room. I could overhear him talking to his wife cursing at me and that I am "making a rec<>rdi, for his daughter. He then came back into the room, stating that I needed to go to therapy with her. SUPPORI!NG AFFIDAVIT OF ROGER ARASH_FA!l,i\HMAND Pg.2 "I laterreturned to the ICU, where MARYAM' s parents were trying to get her released. They continued to blame the situation on me. They denied that MARYAM took any pills. MARYAM' s father said "how do you know she took any pills?" I asked him - "did you see her blood report?" PRESBYTERIAN then transferred MARYAM to the SEAY CENTER, where she was checked in on Thursday, December 19, 2013 at night remaining until Monday, December 23, 2013 when I picked her up. Because of the toxicity in MARYAM' s blood work, the hospital intravenously gave her an antidote for 24 hours and charcoal to absorb it. MARYAM slept for those 24 hours. When she woke, she was sweet, pleasant and asked me to get some personal effects for her from home. "During that hospitalization, I found in her belongings at least two containers full of different pills, including uppers and downers in her contact case and.in her Pamprin bottles. Following her release, I asked MARYAM about the pills. She said they were from before and that "Pamprin is for cramps." When I showed her the pictures, she. then stated they were Aderall and that she lied. See Exhibit 2, afair and acqurate depiction ofsome ofthe pills! took apicture of After her release from the SEAY CENTER and her conversations with her parents, MARYAM changed her story yet again, stating now that the pills were from before we met. Before we got home, MARYAM began repeating the same rage as in the past, ye Hing and screaming at me. On Friday, December 27, 2013, and following her release, IV)ARYAM demanded the return of those pills - else she would call the police on me. "At home, MARYAM demanded that I kick my dad and uncle out of the house despite previously agreeing that they could stay (my father had been with us following s birth and my uncle came in for the Christmas holiday). On Christmas Day, I asked my father .and uncle to leave to try and placate MARYAM and to calrilthe situation. They hel;l.l'd her berating me. Rather than our relying on my father to help care for I was forced to keep with me at all times. On December 27, 2013, MARYAM stated she would kill herself with an overdose if we went away and me). "On December 28, 2013, I left the home with to go to the office and told MARY AM I would return in thirty (30) minutes. Before I got to work (eight (8) miles away), I received a phone call from my office stating "your w/fe is here.'' Concerned as I had just left her, I stopped at a nearby police annex to seek guidance on what I should do. While talking with Officer ELLIS, I received. a phone call from Richardson Police Department. I let the two officers communicate onmy phone. It is my understanding through the poilce departments that MARYAM contacted Richardson police claiming that I was "homicidal" and that t "took her son." MARYAM later t.old me she called the police is because my "life is in danger." She later stated she contacted the Richardson police "be u ignored me." "Based on the involvement of the police, and her deteriorating condition, I felt it prudent to have my business partner and father later check on MARYAM at the house before I returned. (Since then, I decided to myself and from her). MARYAM however refused to come to. or to open the door, so they called the police for a wellness check. Office ELLIS, who I had just met with earlier, came to the house. In the house were broken bottles and stemware as vyell as vomit. MARYAM sought to blame me, but it is my understanding that Officer ELLIS advised her that he was just with me . .SUPPORTING AFFIDAVIT OF ROGE.RARASHFARAHMANI~ Pg.3 (\ \..2_.;,>) (') ~ "She has also made recent baseless allegations to my friends that I was out drunk with our son -- during a baby shower for my friend's newborn child. In response to the latest accusation, I immediately went to the police station to separate fact from fiction. There, I spoke with Office STENSON (Badge No. 8656) aod apprised him of the escalating situation. He advised me to conmct a lawyer to protect myself; that the matter was civiLAdditional proof will be offered in Courtto negate her latest wave of accusations. MARYAM's behavior has now risen to a new level, aod lam extremely concerned for her aod our son's welfare given it is not beneath her to make false accusations. "In the last twelve (12) hours, I received two (2) "No Caller ID" calls at 3:32ao1 and then received thirty-seven (37) "No Caller ID" calls through the signing of this AFFIDAVIT. was asleep in my care. I could hear a guy on the other end making sex noises, moaning saying something to the effect "l'mjerking off on your.face." No idea who that was, except to say I have had the same phone number for fifteen (15) years and have never received aoy calls of the sort. It is my distinct impression that the caller may be related to MARYAM' s sister, now that she is back in town from Boston, the same sister who has also had a significant history of emotional problems. This type of behavior is atypical of what her sister ·has done in the. past. "Today, MARYAM has called and texted me numerous times pleading with me to come home. While I ao1 certainly open to working things out, I don't believe I have recourse other than to seek immediate court intervention for tl1e time being. I feel I am left without recourse as MARYAM' s parents are not assisting in helping her get better, MARYAM is not being compliaot with therapyorpsychotropic IUedications previously prescribed,and now with the recent baseless accusations -I am having to live a Iife on eggshells having to constantly document everything about everything. · " is in my possession at this time. "Consequently, lam requesting immediate possession of aod access to our child, without any an unsupervised possession by MARYAM, until a hearing can be held in effort to remove our child from any further emotional aod possible physical damage. Additional testinlony, evidence, and witnesses will be offered at hearing, to further show that MARYAM' s demeaoor aod temperament is having a detrinlental inlpact on our child. I have reviewed the Temporary Emergency/Ex Parte Order aod believe the requests are in the best interest of our child and the least restrictive in terms of requests at this time. I am asking the Court to grantthe relief requested against MARYAM to protect our son." ARAHMAND SUPPORTI_NG AFFIDAVIT OF RQGERARASH FARAHMAND Pg.4 ('"l\ v SWORN TO AND SUBSCRIBED BEFORE ME by ROGERARASH F ARAHMAND this the 301h day of December 2013. My ~mmission Ex~res: c ~ 100\), SUPPORTING AFFIDAVIT OF ROGER AI\ASH FARAHMAND Pg. 5 (~) 0 COLLIN COUNTY DISTRICT COURTS GENERAL ORDERS COLLIN COUNTY STANDING ORDER REGARDING CHILDREN, PROPERTY AND CONDUCT OF Tl IF P/\RT!ES No party lo this lawsuit h11s rcqucstep this order. Rather. this order is a standing order of the Collin County District Courts that applies iti every divorce suit and every suit affecting the parent-child relationship filed in Collin County. The District Courts of Collin County have ndopted this order because the parties and their children should be protected and their property preserved while the lawsuit is pending before the court. Thercthrc it is ORDERED: I. NO DISRUPTION OF CHILDREN. Both parties are ORDERED to refrain from doing the following acts concerning any ch.ildren who are. subjects of this case: I.I Removing the children from the State of Texas. acting directly or in concert with others. without the written agreement of both parties or an order of this Court. 1.2 Disrupting or withdrawing the children from the school or day-care facility where the children arc presently enrolled. without the written agreement of both J)ll1:ents or an order of thi;; Court. · 1.3 Hiding or secreting the children from the other parent or changing the children's current place of abode. without the written agreement of both parents or an order of this Court. 1.4 Disturbing the peace of the children. · 1.5 Making disparaging remarks about each other or the other pctson's family members, to include but not be limited to the child's grandparents, aunts, uncles, or stepparents. 1.6 Discussing with the children. or with any other person in the presence of the chiltlren, any litigation related to the children or the other party. 1.7 If this is an original divorce action. allowing anyone with whom the party is romantically involved, to remain over night in the home while in possession of the child. Overnight is de lined from I 0:00 p.m. until 7:00 a.in. 2. CONDUCT OF THE PARTIES DURING THE C/\SE. Both patiies are ORDERED to refrain from doing the following acts: 2.1 Using vulgar, profane. obscene. or indecent language, or a coarse or offensive manner to communicate with the other party. whether in person. by telephone. or in writing. · 2.2 Threatening the other party in person. by telephc,ne. or in writing to take unlawful action against any person. 2.3 Placing one or more telephone calls, at un unreasonable hour, in an oflensive or f} '---~,·.·- v~ repetitious rnmmer. without a legitimate purpose of communication. or lmqnymously. 1 2.4 Opening or diverting mail.addressed to the other party. 3. PRESERVATION OF PROPERTY AND USE OF FUNDS DURING DIVORCE CASE. If this is a divorce case. both pmiies tothe marriage are ORDERED lo rcfrainfrom doing the following acts: 3.1 Destroying. removing. concealing..encumbering. transferring. or otherwise harming or reducing the value of the property of one or both of the parties. 3.2 Misrepresenting or retusing to disclose to the .other party or to the Court, on proper request. the existence. amount, or location of any property of one or both. of the parties. 3.3 Dali1aging or destroying !he tangible property of one or both of the parties. including any document that represents or embodies anything of value. 3.4 Tampering with the tangible property of one or both of the parties, including any document .that represents or embodies anything of value, and causing pecuniary loss to the other party. 3.5 Selling, transferring. assigning. mortgaging, encumbering, or in any other manner alienating any of the property oi'cither party. whether personal property or real estate property, and whether separate or community. except as specifically authorized by this order. 3,6 Incurring any indebtedness. olherthan legal expense in connection with this suit, except as specifically authorized by this order. 3.7 Making withdrawals from any checking or savings account in any financial institution for any purpose, exce11t as specifically authorized by this order. 3.8 Spending any sum of cash in either pai·ty"s possession or subject to either party's control for any purpose. except as specifically authorized by this order. · 3.9 Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death. or other employee henetit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by this order. 3.10 Signing or endorsing the other party's name or any negotiable instrument. check, or draft. such as tax refunds. insurance payments, and dividends. or attempting to negotiate any negotiable instrument payable lo the other party without the personal signature of the other party. 3.11 Taking any action to terminate or limit credit or charge cards in the name of the other party. 3.12 Entering, operating. or exercising control over the motor vehicle in the possession of the other party. 3.13 Discontinuing or altering the withholding for foderal income taxes on wages or salary while this suit is pending. 3.14 Terminating or in any manner af'focting the service of water, electricity. gas, telepboric. cahlc television, or other contractual services, such as security, pest control. landscaping, or yard 1m1intcnance at the other party"s residence or in any manner attempting to withdraw any dcposils for service in connection with such n .. .,..., 'I ..... ~ II services. 3.15 Intercepting or recording the other party's electronic communications. 4. PERSONAL AND BUSlNf~SS RECORDS IN DIVORCE CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts: 4.1 Concealing or de;troying any family n)cords, propc1iy records, financial records, business records or any records of income. debts. ()r other obligations. 4.2 Falsifying any writing pr rcconl relating to the propc1iy of either party. 4.3 "Records'' include e-mail or other digital or electronic data, whether stored on a computer hard drive, diskette or other .electronic storage device. 5. INSURANCE IN DIVORCE CASE. lfthis is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts: 5. I Withdrawing or borrowing in any manner all Qr any part oJ' the cash surrender value oflife insurance policies on the life of either party, except as spccilically authorized by this order. 5.2 Changing or in any manner altering the beneficiary designation on any life insurance on the life of c11hcr party or the parties' children. 5.3 Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties'property of persons including the parties' minor children. 6. SPECIFIC AUTHORIZATIONS IN DIVORCE CASI'. Ir this is a divorce case. both parties to the marriage are specifically authorized to do the following: 6. l To engage in acts reasonably and necessary to the conduct oJ'that party's usual business and occupation. 6.2 To make expenditures and incur indebtedness for reasonable attorney's fees and expenses in connection with this suit. 6.3 To make expenditures and incur indebtedness for reasonable and necessary living expenses fi)I' food, clothing, shclte1\ transportation and medical care. 6.4 To 1i1ake withdrawals fro111 accounts in financial institutions only for the purposes authorized by this order. 7. SERVICE AND APPUCATION OF Tl IIS ORDER. 7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy Qfthc petition. Atthe time the petition is filed. if the Petitioner has failed to attach a copy of this order to the petition and any cory oJ' the petition, the Clerk shall ensure that a copy orthis order is attached to the petition and every copy of the petition presented. 7.2 This order is etlcctive upon the tiling of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days alter the date oft he tiling of the original petition. If no party contests this o!'dcr by presenting evidence at a hearing on or before l'ourteen days atler the date of the filingofthc original petition, this order shall continue in full force and effect as a ten\porary injunction until further order of this court. This entire .. ' t~, \c;;.? order will termin.atc and will no longer be effective when the court signs a final order or the case is dismissed. 8. EFFECT OF OTHER COURT ORDERS. If any part oi'this order is different from any part of a protective ordcrthal has already been entered or is later entered, the protective order provisions prevail. Any part of this order not changed by some later order remains in lull force and etfoct until the court signs a final decree. 9. PARTIES ENCOURAGED TO MllDIATE. The parties arc encouraged to settle their disputes amicably without court intervention. The parties arc encouraged to use alternative dispuk resolution methods. such as mediation. to resolve the conflicts that may arise in this lawsuit. TlllS COLLIN COUNTY STANDINU ORDER REGARDING CHILDREN. PROPERTY AND CONDUCT OF Tl IE PARTIES SHALL BECOME EFFECTIVE ON OCTOBER 14, 2013. JUDGE JOHN ROACH. JR. 296 111 Judicial District Court JUDGE CHRIS OLDNER 416111 .I udicial District Court :~~!i!~lif' D,:,nQ. .t1 nf JI. ROGER FARAHMAND’S RECORD TAB 3 12/30/2013 Scanned Page 1 401 - s~53\-.20I? NO. IN THE MATTER OF § INTHE f..{ol THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § JUDICIAL DISTRICT COURT MARYAMFARAHMAND § § AND IN THE INTEREST OF § § COLLIN COUNTY, TEXAS A MINOR CHILD § TEMPORARY EMERGENCY EXPARTE ORDER AND 0Jl.~1'R SETTING HEARING On this day, ROGER ARASH FARAHMAND, Petitioner, presented a request for a temporary emergency ex parte order to the Court. The Court, having examined Applicant's pleadings and allegations, finds that Applicant's sworn pleadings and allegations show that Applicant is entitled to the reliefrequested. Applicant has requested an order for the child who is subject to the jurisdiction of this court pursuant to the Texas Family Code. The Court finds that there is an immediate need for the following orders to protect the child and that the orders are in the best interest of the child. IT IS THEREFORE ORDERED that the clerk of this Court issue temporary emergency ex parte orders as follows, and Respondent, MARYAM FARAHMAND, is immediately: Prohibited (and ordered) from having any unsupervised physical possession of and/or access to the child , either directly or indirectly, until further order of the Court (only Hannah's House or mutually agreed supervisor may supervise); Prohibited (and ordered)from removing from ROGER ARASH FARAHMAND's care. This temporary emergency ex parte order shall be effective immediately and binding on MARYAM FARAHMAND and Respondent's agents, servants, employees, and attorneys; and on those persons in active concert or participation with her who receive actual notice of this order by personal service or otherwise. This temporary ex parte order shall continue in full force and effect for fomteen (14) days from the date this order is signed unless terminated sooner by order of this Court. The requirement of a bond is waived. TEMPORARY EMERGENCY.EX PARTE ORDER AND ORDER SETTING. HEARlNG Pg. I . ~ . NOTICE OF HEARING IT IS FURTHER ORDERED that the clerk shall issue notice to Respondent, MARYAM FARAHMAND, to appear, and Respondent is ORDERED to appear in person, before the !/!21 Judicial District Court, at 2600 Bloomdale Road, McKinney, Texas 75071 on January J.!l2014 at ~:_M{yiP.M. The purpose of this hearing is to determine whether the Court should issue the relief requested by ROGER ARASH FARAHMAND in his Original Petition for Divorce, Temporary Emergency Ex Parte Order and Request for Temporary Orders, as well as any additional relief that is in the best interest of the child. WARNI;riG A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500.00 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH. SIGNED on _------+(L..z--~----~5;=---=G)~--1--f-S: _ _ at ? :J';).__ A.@ TEMPORARY EMERGENCXJlX PARTE ORDER AND_QRDER SETTING HEARING Pg.2 ROGER FARAHMAND’S RECORD TAB 4 Filed: 1/27/2014 9:56:26 AM Andrea S. Thompson District Clerk Collin County, Texas By Ashley Thompson Deputy NO. 401-56531-2013 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § 401ST JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § § A CHILD § COLLIN COUNTY, TEXAS ORIGINAL COUNTER-PETITION FOR DIVORCE Discovery in this case is intended to be conducted under Level 2 of Rule 190 of the Texas Rules of Civil Procedure. This suit is brought by MARYAMFARAHMAND, Counter-Petitioner. The last three numbers of MARYAMFARAI-IMAND's driver's license number are 351 and the last three number ofMARYAMFARAHMAND's Social Security number are 203. ROGER ARASH FARAHMAND is Counter-Respondent. Counter-Petitioner has been a domiciliary of Texas for the preceding six- month period and a resident of this county for the preceding ninety-day period. RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGEl 4. Service Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil Procedure, by serving Counter-Respondent's attorney of record, Bradford Nace, Nace & Motley, LLP., 100 Crescent Court, 7th Floor, Dallas, Texas 75201. No protective order under Title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this suit. ........ .. ... Thepi.u:ties were married on or about July28,2012,and haveceasedtolive together as husband and wife. The marriage has become insupportable because of discord or conflict of personalities between Counter-petitioner and Counter-respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. Counter-Respondent Roger Farahmand is guilty of cruel treatment toward Counter-Petitioner Maryam Farahmand of a nature that renders fi.nther living together insupportable. RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE2 8. Child of the Marriage Counter-Petitioner and Counter-Respondent are parents of the following child of this marriage who is not under the continuing jurisdiction of any other Court: Name: Sex: Male Birth date: There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the child the subject of this suit. Infotmation required by Section 154.18 l(b) of the Texas Family Code will be provided. No property of consequence is owned or possessed by the child the subject of this suit. Counter-Petitioner and Counter-Respondent, on final hearing, should be appointed joint managing conservators, with all the rights and duties of a parent conservator. Counter-Petitioner should be designated as the conservator who has the exclusive right to designate the primary residence of the child. The residence of the child should be restricted to Collin County and counties contiguous to Collin County, Texas. Counter-Respondent should be ordered to make payments for the suppmt of the child and to provide medical child support in the manner specified RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE3 by the Coutt. Counter-Petitioner requests that the payments for the supp01t of the child survive the death of Counter-Respondent and become the obligations of Counter-Respondent's estate. Counter-Petitioner requests the Court to divide the estate of Counter- Petitioner and Counter-Respondent in a manner that the Court deems just and right, as provided by law. Counter-Petitioner should be awarded a disprop01tionate share of the parties' estate for the following reasons, including but not limited to: ..................... ..................................... ........... a...... fault.in.the. hreakupofthe.marriage; b. benefits the innocent spouse may have derived from the continuation of the marriage; c. disparity of earning power of the spouses and their ability to support themselves; d. cruel treatment by Counter-Respondent toward Counter- Petitioner; c. community indebtedness and liabilities; f. tax consequences of the division of property; g. earning power, business opportunities, capacities, and abilities of the spouses; h. nature of the property involved in the division; RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE4 1. attorney's fees to be paid; and j. the size and nature of the separate estates of the spouses. Counter-Petitioner may own certain separate propetty that is not part of the community estate of the patties, and Counter-Petitioner requests the Coutt to confnm that separate property as Counter-Petitioner's separate propetty and estate. Counter-Respondent's Separate Estate to Reimburse Community Estate - a. Counter-Petitioner requests the Court to reimburse the community estate for funds or assets expended by the community estate for the benefit of ...... .Coun1fil-Respondent'.s.sep.arate.es.tate•...... The community estate..has.noLbeen adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Comt to allow reimbursement to the community estate will result in an unjust enrichment of Counter-Respondent's separate estate at the expense of the community estate. b. Counter-Petitioner requests the Court to reimburse the community estate for the value of community time, toil, talent and effmt expended by Counter- Petitioner to benefit or enhance Counter-Respondent's separate estate. The community estate was not adequately compensated for Counter-Petitioner's use of community time, talent, toil and effott beyond what was reasonably necessaiy to RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGES maintain, manage, and prese1ve Counter-Respondent's separate estate. The failure of the Couit to allow and award such reinlbursement to the community estate will result in the unjust enrichment of Counter-Respondent's separate estate at the c. Counter-Petitioner requests the Court to reimburse the community estate for funds or assets expended by the community estate for payment of unsecured liabilities of Counter-Respondent's separate estate. Those expenditures resulted in a direct benefit to Counter-Respondent's separate estate. The community estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Couit to allow ···· ·············· ··· · rei1nbtifse1nent t&tlw eetnmunityestate will.result man oojust..imiehment ef Counter-Respondent's separate estate at the expense of the community estate. d. The community estate has expended funds or assets to make capital inlprovements on property claimed by Counter-Respondent as separate prope1ty, giving rise to a clainI for reinlbursement in favor of the community estate and against Counter-Respondent's separate estate. Those expenditures resulted in a direct benefit to Counter-Respondent's separate estate. The community estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Court to allow reinlbursement to the community estate will result in an unjust enrichment of Counter-Respondent's RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE6 separate estate at the expense of the community estate. e. The community estate is or was obligated on a debt incurred during the mmTiage for the acquisition of, or capital improvements to, property and secured by a lien on community property. Counter-Petitioner's sepm·ate estate has expended funds or assets for the payment of that debt. Those expenditures have resulted in the reduction of the principal of that debt, giving rise to a claim for reimbursement in favor of Counter-Petitioner's separate estate and against the community estate. Those expenditures resulted in a direct benefit to the community estate. Counter-Petitioner's separate estate has not been adequately compensated for or benefitted from the expenditme of those funds or assets, and a -faimreby--tooCoB1-tto-allowreimbm·sememt--toGounter-I!etitiooor-'sseparate~state- will result in an unjust enrichment of the community estate at the expense of Counter-Petitioner's separate estate. f. Counter-Respondent is or was obligated on a debt incurred during the marriage for the acquisition of, or capital improvements to, property and secured by a lien on property claimed by Counter-Respondent as separate property. The community estate has expended fund or assets for payment of that debt. Those expenditures have resulted in the reduction of the principal of those debts, giving rise to a claim for reimbursement in favor of the community estate and against Counter-Respondent's separate estate. Those expenditures resulted in a direct RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE7 benefit to Counter-Respondent's separate estate. The community estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Comt to allow reimbursement to the community estate will result in an unjust em'ichment of Counter-Respondent's separate estate at the expense of the community estate. Community Estate to Reimburse Counter-Petitioner's Separate Estate a. Counter-Petitioner requests the Court to reimburse Counter- Petitioner' s separate estate for funds or assets expended by Counter-Petitioner's separate estate for the benefit of the community. Those expenditures resulted in a direct benefit to the community estate. Counter-Petitioner's separate estate has not ....... been.adeq• 1ately..compensateclfru.m·benefitted from.theexpenditill'e.of.thosg.fun{!s or assets, and a failure by the Comt to allow reimbursement to Counter-Petitioner's separate estate will result in an unjust emichment of the community estate at the expense of Counter-Petitioner's separate estate. b. Counter-Petitioner requests the Court to reimburse Counter- Petitioner's separate estate for funds or assets expended by Counter-Petitioner's separate estate for payment of unsecured liabilities of the community estate. Those expenditures resulted in a direct benefit to the community estate. Counter- Petitioner's separate estate has not been adequately compensated for or bcnefitted from the expenditure of those funds or assets, and a failure by the Comt to allow RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE8 reimbursement to Counter-Petitioner's separate estate will result in an unjust enrichment of the community estate at the expense of Counter-Petitioner's separate estate. Counter-Respondent's Separate Estate to Reimburse Counter-Petitioner's Separate Estate a. Counter-Petitioner requests the Court to reimburse Counter- Petitioncr' s separate estate for funds or assets expended by Counter-Petitioner's separate estate for the benefit of Counter-Respondent's separate estate. Those expenditures resulted in a direct benefit to Counter-Respondent's separate estate. Counter-Petitioner's separate estate has not been adequately compensated for or _benefittedfrom--the-expenditure_ofthose-funds--0rassets,-arul--a-failme--b¥the-Comi to allow reimbursement to Counter-Petitioner's separate estate will result in an unjust emichment of Counter-Respondent's separate estate at the expense of b. Counter-Petitioner requests the Court to reimburse Counter- Petitioner's separate estate for funds or assets expended by Counter-Petitioner's separate estate for payment of unsecured liabilities of Counter-Respondent's separate estate. Those expenditures resulted in a direct benefit to Counter- Respondent' s separate estate. Counter-Petitioner's separate estate has not been adequately compensated for or benefitted from the expenditure of those funds or RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE9 assets, and a failure by the Court to allow reimbursement to Counter-Petitioner's separate estate will result in an unjust enrichment of Counter-Respondent's separate estate at the expense of Counter-Petitioner's separate estate. c. Counter-Petitioner's separate estate has expended funds or assets to make capital improvements on property claimed by Counter-Respondent as separate property, giving rise to a claim for reimbursement in favor of Counter- Petitioner's separate estate and against Counter-Respondent's separate estate. Those expenditures resulted in a direct benefit to Counter-Respondent's separate estate. Counter-Petitioner's separate estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the ..................... ............ Cou1·Lto.allow.reimh11rsem ent .to.Counter-P.etitinner's. separate estate.wilLresult.in. an unjust enrichment of Counter-Respondent's separate estate at the expense of d. Counter-Respondent is or was obligated on a debt incurred during the marriage for the acquisition of, or capital improvements to, property and secured by a lien on property claimed by Counter-Respondent as separate prope1iy, Counter-Petitioner's separate estate has expended funds or assets for payment of that debt. Those expenditures have resulted in the reduction of the principal of that debt, giving rise to a claim for reimbursement in favor of Counter-Petitioner's separate estate and against Counter-Respondent's separate estate. Counter- RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE 10 Petitioner's separate estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Comt to allow reimbursement to Counter-Petitioner's separate estate will result in an unjust enrichment of Counter-Respondent's separate estate at the expense of Counter- Petitioner's separate estate. Counter-Petitioner requests the Comt, after notice and hearing, to dispense with the issuance of a bond, to make the Collin County Standing Order into a temporary injunction and to issue any other temporaty orders and appropriate temporary injunctions for the preservation of the prope1ty and protection of the . . parties andfo.rthe safoty andwelfareofJhe child.of the. marriageas..deeme.d necessaiy and equitable. Additionally, Counter-Petitioner requests that the Court enjoin Counter-Respondent from the following: 1. Preventing and/or excluding Counter-Petitioner from the use and possession of her personal belongings, clothing, and personal items. 2. Entering, operating, or exercising control over the 2013 BMW X3 in the possession of Counter-Petitioner. 4. Making disparaging remarks regarding Counter-Petitioner or Counter- Petitioner's family in the presence or within the hearing of the child. RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE II 5. Consuming alcohol during the periods of possession of or access to the child. Counter-Petitioner requests that each patty be authorized as follows: To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transpo11ation, and medical care. To make expenditures and incur indebtedness for reasonable attorney's fees and expenses in connection with this suit. To make withdrawals from accounts in financial institutions only for the purposes authorized by the Comt's order. CountercPetitioner-request&theCourt,-after-noticeandhearing,-fol'the-- preservation of the prope1ty and protection of the patties, to make temporary orders and issue any appropriate temporary injunctions respecting the temporaty use of the patties' prope1ty as deemed necessary and equitable, including but not limited to the following: Awarding Counter-Petitioner exclusive use and control of the 2013 BMW X3 and enjoining Counter-Respondent from entering, operating, or exercising control over it. Awarding Counter-Petitioner the exclusive use of her personal belongings, clothing, and personal items to be retrieved by Counter-Petitioner by a date ce1tain. RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE 12 14. Request for Temporary Orders Regarding Child Counter-Petitioner requests the Cout1, after notice and hearing, to dispense with the necessity of a bond and to make temporary orders and issue any appropriate temporary injunctions for the safety and welfare of the child of the marriage as deemed necessa1y and equitable, including but not limited to the following: Appointing Counter-Petitioner and Counter-Respondent temporary joint managing conservators, and designating Counter-Petitioner as the conservator who has the exclusive right to designate the primaiy residence of the chlld. Restricting the residence of the child to Collin County and counties ____ ______ ____ __ __contiguoustoCollinCounty,.Texas. Ordering appropriate possession and access of the child considering, inter alia, the age of the child, the ability of the parents to provide care for the child, and the living aTI"angements of each parent. Ordering that Counter-Respondent utilize a deep lung device on any vehicle in whlch he transports the child. 15. Request for Interim Attorney's Fees and Temporary Support Counter-Petitioner requests the Cout1, after notice and hearing, for the preservation of the property and protection of the parties, to make temporaiy orders and issue any appropriate temporaty injunctions regarding attorney's fees and RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE 13 support as deemed necessary and equitable, including but not limited to the Counter-Petitioner requests that Counter-Respondent be ordered to pay reasonable interim attorney's fees and expenses, including but not limited to fees for appraisals, accountants, actuaries, and so forth. Counter-Petitioner is not in control of sufficient community assets to pay attorney's fees and anticipated expenses. Counter-Petitioner has insufficient income for suppott, and Counter- Petitioner requests the Comt to order Counter-Respondent to make payments for the support of Counter-Petitioner until a final decree is signed. . . .................................. . 16. Req.uestfor TemporaryOrders/orDiscoveryaud.Ancillary.Relief Counter-Petitioner requests the Comt, after notice and hearing, for the preservation of the property and protection of the patties, to make temporary orders for discovery and ancillary relief as deemed necessary and equitable, including but not limited to the following: Ordering Counter-Respondent to provide a sworn inventory and appraisement of all the separate and community prope1ty owned or claimed by the parties and all debts and liabilities owed by the pa1ties substantially in the form and detail prescribed by the Texas Family Law Practice Manual (3d ed.), fotm 7-1. RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE 14 It was necessary for Counter-Petitioner to secure the services of the Law Office of Richard J. Corbitt, licensed attorney, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a patt of the division, and for services rendered in connection with conservatorship and suppott of the child, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Counter-Respondent and in favor of Counter- Petitioner for the use and benefit of Counter-Petitioner's attorney and be ordered paid directly to Counter-Petitioner's attorney, who may enforce the judgment in the attorney's own name. Counter-Petitioner requests post-judgment interest as allowed by law. 18. ...... Collin County Standing Order The Collin County Standing Order regarding children, prope1ty, and conduct of the patties is attached hereto and incorporated herein for all purposes. Counter-Petitioner prays that citation and notice issue as required by law and that the Comt grant a divorce and all other relief requested in this counter-petition. Counter-Petitioner prays that the Comt, after notice and hearing, grant a temporary injunction enjoining Counter-Respondent, in conformity with the allegations of this counter-petition, from the acts set fo1th above while this case is pending. RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE 15 Counter-Petitioner prays that, after notice and hearing, the requested temporary orders be granted. Counter-Petitioner prays for attorney's fees, expenses, costs, and interest as requested above. Counter-Petitioner prays for general relief. LAW OFFICE OF RICHARD J. CORBITT, P.C. 6440 N. Central Ex))ressway, Suite 402 Dallas, Texas 7 6 Attorney for Counter-Petitioner ......... .... ...................... ....... . .......... ...... State Bar No. 04817000 Email: corbittlaw@gmail.com Certificate of Service or party in accordance with the Texas Rules of Civil Procedure to Bradford Nace, Nace & Motley, LLP., 100 Crescent Court, 7th Floor, Dallas, Texas 75201, cmmsel of,cconl f o , P , t i t i o o ~ ~ Richard J. Corbitt Attorney for Counter-Petitioner RESPONDENT'S ORIGINAL COUNTER-PETITION FOR DIVORCE PAGE16 COLLIN COUNTY DISTRICT COURTS GENERAL ORDERS COLLIN CQ.UNTY STANDING ORDER REGARDING CHILDREN PROPERTY AND CONDUCT OF Tl IE PARTIES No party to this lawsuit has requested this order. Rather. this order is a standing order of the Collin County District Courts that applies in every divorce suit and every suit affecting the parent-child rclalionship filed in Collin County. The Distric1 Courts of Collin County have adopted this order because the parties and thci,· children should be protected aml their properly preserved while the lawsuit is pending before the court Therefore it is ORDERED: 1. NO DISRUPTION OF CHILDREN. Both parties are ORDERED lo refrain from doing the following acts concerning any children who are su~jccts of this case: 1.1 Removing the children lhm1 the Slate of Texas, acting directly or in concert with others, without the wrillen agreement ofbolh parties or an or 2. CONDUCT OF THE PARTIES DURING THE Ci\SE. Both parties are ORDERED lo refrain from doing the following acts: 2. l lJsing vulgar, profune. obscene. or indeccnl language. or a coarse or offensive manner lo communicate wilh the other party. whether in person. by telephone. or in \Vriting. 2.2 Threatening lhe othc1· party in person. by lclcphonc. or in writing to take unlav-1ful action against any person. 2.3 Placing one or more telephone calls, at an unreasonable hour, in an offensive or Page 1 of4 repetitious manner, wilhout a legitimate purpose ofco111municutio11. or anonytnoLJsly. 2.4 Opening or diverting mail addressed to the other party. 3. PRf::SERVATION OF PROPERTY /IND USE OF FUNDS DURING DIVORCE Ci\SE. II' this is a divorce case, both parties to the marriage nre ORDERED to refrain from doing the following acts: 3. l Destroying, ren1oving. concealing. encu1nbcring, transferring~ 01· othcr,visc harming or reducing the value of the property of one or both of the parties. 3.2 Misrepresenting or relilsing to disclose to the other party or to the Coul'l. on proper request, the existence, amount. or location of any property of one or both of the parties. 3.3 Damaging or destroying the tangible property ofone or both of the parlies, including any document that represents or embodies anything of value. 3.4 Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything or value, and causing pecuniary loss lo the other party. 3.5 Selling, tnmslerring, assigning. mortgaging, encumbering. or in any other manner alienating any of the properly of either party. whether personal property or real estate property. and whether separate or community. except as specifically authorized by this order. 3.6 lnclll'ring any indebtedness. other than legal expense in connection with this suit, except as specifically authorized by this order . ..... ... .. ........ J] ....i\1nking..withdmwalslron1.ID1~.cbrck i ng .or.sa.viugs.accumltiii.anyiinancial institution for any pmpose, except as specitically authorized by this order. 3.8 Spending any sum of cash in either party's possession or subject to either party's control for any purpose. except as specifically authorized by this order. 3.9 Wilhdrawing or borrowing in ,my manner for any purpose from any retirement, protit·sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement accounl or Keogh accoulll. except as specilically aulhorized by this order. 3.10 Signing or endorsing the other party's name many negotiable instrument. check, or drall. such as tax reli.mds, insurance payments. and dividends, or attempting to negotiate any negotiable instrument payable to the other party without the personal signature of the other party. 3.11 Taking any action to terminate or limit credit or charge cards in the name of the other party. 3.12 Entering. operating, or exercising control over the motor vehicle in the possession of the other party. 3.13 Discontinuing or altering the withholding for lcdcral income taxes on wages or salary while this suit is pending. 3.14 Terminating or in any manner affceling the service of water. electricity. gas, telephone, cable television, or other contrnctual services. such as security. pest control, landscaping, or yard maintenance at the other party's residence or in any manner attempting to wilhdraw any deposits for service in connection with st1cl1 Page 2 of 4 services. 3.15 Intercepting or recording the other parly's electronic communications. 4. PERSONAL AND BUSINESS RECORDS IN DIVORCE CASE. If this isa divorce case, both parlics to the maffiage arc ORDERED lo refrain lh1m doing the following acts: 4.1 Concealing or destroying any family records, properly records, 11nancial records, business records or any records ol' income, debts, or other obligations. 4.2 Falsiti'ing any writing or record relating lo the property of either party. 4.3 "Records" include e-mail or other digital or electronic data. whether stored 011 a computer hard drive, diskette or other electronic storage device. 5. INSURANCE IN DIVORCE CASE. tr this is a divorce case. both parties to the mnrriagc arc ORDERED to refrain from doing the following nets: 5.1 Withdrawing or borrowing in any manner all or any part oi'thc cash surrender value of life insmancc policies on the life of either party, except as speci lically authorized by this order. 5.2 ('hanging or in any n1anner altering the beneficiary designation on any JifC insurance on the lite of either party or the parties' children. 5.3 Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring tl1c parties' property of persons including the parties' minor children. 6. SPECIFIC AUTHORIZATIONS IN DIVOl~CE CASE. If this is a divorce case, both parties . ····~~~·~~·~·~~·~·~·~·····~· ...... to the. marriage are specifically authorized to do. thefollowi nit.: 6.1 To engage in acts reasonably and necessary to the conduct of that party's usual business and ot.:cupation. 6.2 To make expenditures and incur indebtedness for reasonable attorney's fees and expenses in connection with this suit. 6.3 To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing. sheller, transportation aml medical care. 6.4 To make withdrawals from accounts in financial institutions only for the purposes authorized by this order. 7. SERVICE AND APPLICATION OF Tl IIS ORDER. 7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the pclition. At the lime the pclilion is liled. if the Petitioner has foiled to attach a copy of this order lo the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is atlachcd lo the petition and every copy of the petition presented. 7.2 This order is eflective upon the liling of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days a Iler the dale oflhc liling oflhe original petition. lfno pmty contests this order by presenting evidence at a hearing on or before fourteen days a Iler the date of the Ii ling ur1hc original petition, this order shall continue in foll force and cllect as a temporary injunction until further order of this court. This entire Page 3 of4 order will terminate and will no longer be effective when the court signs a final order or the case is dismissed. 8. EFl'ECT OF OTHER COURT ORDERS. If any part of this order is dil'Ierent from any part of a protective order that has already been entered or is later entered. the protective order provisions prevail. Any part of this order not changed by some later order remains in IL1il force and cffoct until the court signs a final decree. 9. !'ARTIES ENCOURAGED TO MEDIATE. The parties arc encouraged to settle their disputes amicably without court intervention. The J>arties arc encouraged to use alternative dispute resolution methods. such as mediation, to resolve the conflicts that may arise in this lawsuit. Tl IIS COLLIN COUNTY STANDING ORDER REGARDING CIIILDREN. PROPERTY AND CONDUCT OF Tl IE PARTIES SHALL BECOMH EFFECTIVE ON OCTOBER 14, 2013. JUDGE JOHN ROACH, .JR. 2961h Judicial District Courl ,,/) *~L' JUDGH-M· --- .. 401't:!ilt(~ JUDGE CHRIS OLDNER JUDGE CYNTHli\ WHELESS 416' 11 Judicial District Court 417 11 ' Judicial Dislrict Court JJtiJ;t[~ JlJD(}i,, LL WILLIS 429' 11 %.dicial District Court Page4of4 ROGER FARAHMAND’S RECORD TAB 5 ROGER FARAHMAND’S RECORD TAB 6 1 Hearing March 10, 2014 1 REPORTER’S RECORD 2 VOLUME 1 OF 1 VOLUME 3 TRIAL COURT CAUSE NO. 401-56531-2013 4 IN THE MATTER OF ) IN THE DISTRICT COURT THE MARRIAGE OF 5 ROGER ARASH FARAHMAND AND ) COLLIN COUNTY, TEXAS 6 MARYAM FARAHMAND 7 AND IN THE INTEREST OF ) 401st JUDICIAL DISTRICT 8 12 HEARING 19 On the 10th day of March, 2014, the following 20 proceedings came on to be held in the above-titled and 21 numbered cause before the Honorable Mark J. Rusch, Judge 22 Presiding, held in McKinney, Collin County, Texas. 23 Proceedings reported by computerized machine 24 shorthand. Kimberly Tinsley, CSR #3611 (972) 548-4247 2 Hearing March 10, 2014 1 APPEARANCES 2 Bradford Winston Nace SBOT NO. 24007726 Attorney at Law 3 100 Crescent Court 7th Floor 4 Dallas, TX 75201 Telephone: (214)459-8289 5 Attorney for Petitioner Roger Farabmand 6 8 Richard J. Corbitt SBOT NO. 04817000 Attorney At Law 9 6440 N. Central Expwy. Suite 402 10 Dallas, TX 75208 Telephone: (214)744-1234 11 Attorney for Respondent Maryam Farahmand 12 Kimberly Tinsley, CSR #3611 (972) 548-4247 3 Hearing March 10, 2014 1 VOLUME 1 2 HEARING 3 March 10, 2014 PAGE VOL 4 Proceedings begin 5 1 5 Witness Direct Cross Voir Dire ASLAN GHAFFARI 6 By Mr. Nace 11 1 By Mr. Corbitt 13 1 7 By Mr. Nace 17 1 By Mr. Corbitt 20 1 8 By Mr. Nace 21 1 9 FARID RASTEGAR By Mr. Nace 23 1 10 By Mr. Corbitt 26 1 By Mr. Nace 27 1 11 ROGER FARAHMAND 12 By Mr. Nace 29 1 By Mr. Corbitt 38 1 13 MICHAEL SCOTT WOODS 14 By the Court 55 1 15 ROBERT GORDON By the Court 68 1 16 17 Court’s Ruling 75 1 18 Adjourned 104 1 19 Reporter’s Certificate 105 1 Kimberly Tinsley, CSR #3611 (972) 548-4247 4 Hearing March 10, 2014 1 ALPHABETICAL WITNESS INDEX 2 DIRECT CROSS VOIR DIRE VOL 3 Farahmand, Roger 29 38 1 Ghaffari, Asian 11,17 20 13 1 4 Ghaffari, Asian 21 1 Gordon, Robert 68 1 5 Rastegar, Farid 23,27 26 1 Woods, Michael Scott 55 1 6 11 EXHIBITS OFFERED BY THE PETITIONER 12 EXHIBIT DESCRIPTION OFFERED ADMITTED VOL 13 1 Marriage License dated 18 1 12/12/2009 14 2 Video of 12/12/2009 on 25 25 1 15 DVD 16 3 Supporting Affidavit of 30 1 Roger Farahmand 17 4 Roger Farahmand’s 31 31 1 18 Summary of Requests Kimberly Tinsley, CSR #3611 (972) 548-4247 5 Hearing March 10, 2Q14 1 PROCEEDINGS 2 (Open court) 3 THE COURT: Let’s go on the record in Cause 4 Number 401-56531-2013 which is styled Farahmand versus 5 Farahmand. We’re set for a temporary orders hearing 6 today. Petitioner ready? 7 MR. NACE: Yes, Your Honor. 8 THE COURT: Respondent ready? 9 MR. CORBITT: Respondent/Counter-Petitioner 10 is ready, Your Honor. 11 THE COURT: First thing I need to do is 12 swear in my translator. Would you tell me your name and 13 spell last name for the court reporter, please. 14 INTERPRETER: My first name is Mansour 15 M-A-N-S-O-U-R, last name is Khakpour K-H-A-K-P-O-U-R. 16 THE COURT: You’ve got a license, I assume. 17 INTERPRETER: Actually, I’m representing a 18 company which does have a license for this. 19 THE COURT: Okay. Raise your right hand 20 for me. 21 (Mansour Khakpour sworn as interpreter) 22 MR. CORBITT: Please the Court, are we 23 gonna go from here or at counsel table? 24 THE COURT: I don’t mind doing it up here. 25 But if you would rather sit down, we’ll do it at counsel Kimberly Tinsley, CSR #3611 (972) 548-4247 6 Hearing March 10, 2014 1 table. 2 Let’s have everybody who expects to testify 3 in this proceeding please stand and raise your right hand 4 for me. If you think you might be testifying, stand up. 5 MR. CORBITT: We have four. At least I’m 6 gonna swear them in. 7 (The witnesses were sworn) 8 THE COURT: Put your hands down. 9 Mr. Farahmand, Mrs. Farahmand, come up and have a seat 10 with counsel. If you’ll have a seat next to who you’re 11 translating for. 12 Anyone invoke the Rule? 13 MR. CORBITT: We do. 14 MR. NACE: We would. 15 THE COURT: Those of you in my gallery 16 who’s been sworn in, it means two things. You will 17 remain outside this courtroom while this hearing is being 18 conducted. Two, you do not discuss this case, your 19 testimony or what transpires in this courtroom unless 20 you’re in here as a witness. There is an exception to 21 that. If we should take a break you’re allowed to talk 22 to either Mr. Nace or Mr. Corbitt, individually or 23 together. But if you’re talking to on or the other or 24 both, you need to be outside the hearing of anyone else 25 connected with this case so they can’t overhear your Kimberly Tinsley, CSR #3611 (972) 548-4247 7 Hearing March 10, 2014 1 conversations. If you guys will have a seat outside, 2 I’ll call you when and if I need you. 3 MR. CORBITT: Please the Court, may I 4 request one thing of the Court’s consideration? That is 5 that we allow the experts, Dr. Scott Woods, the 6 psychiatrist, as well as Dr. Robert Gordon, to be present 7 during the testimony. 8 THE COURT: For what? 9 MR. CORBITT: Well, first of all, I would 10 think that that would be a necessity in the situation. 11 And number two, it’s my understanding that experts can be 12 in the same room when one testifies to hear the other’s 13 testimony. 14 MR. NACE: They’re not court appointed, 15 Your Honor; they’re retained. 16 THE COURT: I don’t need them for a 17 temporary hearing. 18 You need your translator up here next to 19 your client, I would assume. Don’t you? Or, is he 20 coming for your client’s mother? 21 MR. NACE: He’s on our side, Your Honor. 22 THE COURT: Who is he here for the benefit 23 of? 24 MR. NACE: He’s here for the benefit of 25 translating the marital issues -- Kimberly Tinsley, CSR #3611 (972) 548-4247 8 Hearing March 10, 2014 1 THE COURT: Who? 2 MR. NACE: Asian Ghaffari is the individual 3 I subpoenaed. The translator is here to translate 4 basically our allegations of bigamy, that Maryam 5 Farahmand is still married to an individual she married 6 and lied about in her deposition this last Thursday. So 7 that’s who we have here today, Your Honor. 8 MR. CORBITT: May I respond? 9 THE COURT: No because nobody’s answering 10 my question. Whose benefit, what relation to someone in 11 this room, is this translator here? Mom? Dad? 12 Grandparents? Who? 13 MR. NACE: Dad. 14 THE COURT: Okay. Your dad hasn’t -- your 15 client hasn’t needed a translator in my courtroom before. 16 MR. NACE: My client does not need a 17 translator, that’s correct; just a witness we have here 18 under subpoena. 19 THE COURT: Okay. Thank you. Now, I got 20 it. 21 You’re alleging that Mrs. Farahmand has 22 committed bigamy? 23 MR. NACE: Yes, Your Honor. 24 THE COURT: All right. Mrs. Farahmand, 25 listen very carefully to me. Kimberly Tinsley, CSR #3611 (972) 548-4247 9 Hearing March 10, 2014 1 Bigamy is a crime in this state. It is a 2 felony in this state. With respect to that, you would 3 have an absolute right under the Constitution of the 4 United States and under the Constitution and laws of the 5 State of Texas to remain silent and not take -- and not 6 answer any question with respect to that. If you say 7 anything in this courtroom with respect to this bigamy 8 issue, it can and will be held against you. 9 You’re entitled to be represented by an 10 attorney, and you are. And your attorney also is an 11 experienced criminal defense lawyer. So I know he knows 12 these things, but I need to make sure you know these 13 things. If you have any questions about any of those 14 issues, you make sure you talk to your lawyer about it 15 because you don’t get to pick and choose the questions 16 you will answer with respect to that issue. All right. 17 Is there anybody in my courtroom who was 18 sworn in just a second ago who hasn’t left? 19 MR. NACE: Judge, the only person I asked 20 to except is Mr. Ghaffari. He’s 97 years of age, and I’m 21 going to call him as our first witness. 22 THE COURT: All right. I can deal with 23 that one. 24 For the record, we’ve had essentially the 25 lawyers tell me their positions prior to going on the Kimberly Tinsley, CSR #3611 (972) 548-4247 10 Hearing March 10, 2014 1 record, so I know what those are. 2 Under our local rules each sides got 20 3 minutes aside. I’m going to give them an extra five 4 because I’m using a translator for at least one of these 5 witnesses. So everybody’s got 25 minutes. 6 Mr. Nace, who’s going to be your first 7 witness? 8 MR. NACE: Mr. Ghaftari. 9 THE COURT: Mr. Ghaffari, if you would step 10 up here for me, please. 11 MR. NACE: And, Judge, may I keep my cell 12 phone out so I can see how much time I have, to keep 13 track of my time? 14 THE COURT: You can. But, as nicely as I 15 can say this, my timer beats your cell phone. 16 MR. NACE: I understand. 17 THE COURT: Ralph, can you get a seat for 18 our translator? 19 BAILIFF: Yes, sir. 20 THE COURT: I need you guys to come up and 21 have a seat in that black chair over there for me. 22 Now, it’s more important that I hear you 23 than I hear Mr. Ghaffari, since I assume he’s going to be 24 speaking in Farsi. That microphone that’s there on the 25 table, you can pick that up and pull that closer to you. Kimberly Tinsley, CSR #3611 (972) 548-4247 11 Hearing March 10, 2014 1 INTERPRETER: Yes, sir. 2 THE COURT: I just need you to talk into it 3 so that we can all hear you. Mr. Nace. 4 MR. NACE: Ready when you are, Your Honor. 5 Ready? Thank you. 6 ASLAN GHAFFARI, 7 having been first duly sworn, testified through the duly 8 sworn interpreter as follows: 9 DIRECT EXAMINATION 10 BY MR. NACE: 11 Q. State your name for the record, sir. 12 A. Aslan Ghaffari. 13 Q. And you are here pursuant to a subpoena that I 14 issued for your appearance today, correct? 15 A. Yes. 16 Q. With regard to your appearance today, question, 17 have you ever performed a marriage between a man and a 18 woman in the State of Texas? 19 A. Yes. 20 Q. And with regard to anybody in this particular 21 courtroom, do you recognize any of the persons in this 22 courtroom as you sit here today? 23 A. Yes. 24 Q. And who do you recognize today as you sit here? 25 A. The lady sitting on that side and also Kimberly Tinsley, CSR #3611 (972) 548-4247 12 Asian Ghaffari March 10, - 2014 Direct Examination by Mr. Nace 1 Mr. Arash. 2 Q. And if you could, the lady to my left I believe 3 who you have identified, if you could identify an article 4 of clothing, for the Court and for the record, that she’s 5 wearing? 6 A. With the black jacket. 7 MR. NACE: Your Honor, I’d like the record 8 to reflect that Mr. Ghaffari has described and identified 9 Mrs. Farahmand in this matter. 10 THE COURT: The record will so reflect. 11 Q. (By Mr. Nace) Cutting right through it, sir. Do 12 you recall performing a wedding with Ms. Farahmand, 13 previously Parviz, on the 12th day of December, 2009? 14 A. Yes, but I don’t remember the exact name. 15 Q. Did that marriage take place in a public place? 16 A. Yes. 17 Q. Do you recall approximately how many people were 18 present in attendance on the date you performed the 19 wedding with Ms. Parviz? 20 A. Yes. 21 Q. Was there any question in your mind whether it 22 was a wedding or something else? 23 A. I think it was a wedding. 24 Q. In your experience -- first, how old are you 25 today? Kimberly Tinsley, CSR #3611 (972) 548-4247 13 Asian Ghaffari March 10, 2014 - Direct Examination by Mr. Nace 1 A. 97. 2 Q. And in your 97 years of life, approximately how 3 many years of marriage -- how many marriages have you 4 performed? S A. Approximately eight to ten people. 6 Q. And are you qualified to perform marriages in 7 the State of Texas? 8 MR. CORBITT: Objection, speculation on the 9 part of this witness until the witness has proven that he 10 has so. May I take the witness on voir dire? 11 THE COURT: Sure. 12 MR. CORBITT: Please the Court. 13 VOIR DIRE EXAMINATION 14 BY MR. CORBITT: 15 Q. Mr. Ghaffari, I hope I pronounced your name 16 correctly. Are you a licensed ordained Christian 17 minister? 18 A. No, I don’t have no license. 19 Q. Are you a priest? 20 A. No. 21 Q. Are you a Jewish rabbi? 22 MR. CORBITT: Am I talking too loud, Judge? 23 I’m sorry. 24 THE COURT: I can hear you. 25 Q. (By Mr. Corbitt) Mr. Ghaffari, are you a Jewish Kimberly Tinsley, CSR #3611 (972) 548-4247 14 Asian Ghaffari March 10, 2014 - Voir Dire Examination by Mr. Corbitt 1 rabbi? 2 A. No. 3 Q. Are you a justice of the Supreme Court? 4 A. No. 5 Q. Are you a judge of the Court of Criminal 6 Appeals? 7 A. No. 8 Q. Are you a justice of the Court of Appeals, of a 9 district, or a county, or a probate court? 10 A. No. 11 Q. Are you or have you been a judge of a domestic 12 relations or juvenile court? 13 A. No. 14 Q. Are you a retired justice or judge of any of 15 those courts that I asked just a minute ago? 16 A. No. 17 Q. Mr. Ghaffari, you said I think it was a wedding, 18 did you not, sir? 19 A. I’m sure it was a wedding. 20 Q. Excuse me. Was that his testimony? I’m sorry. 21 I feel rude about this. Was that his testimony just a 22 minute ago, to Ms. Kim, I think it was a wedding? 23 MR. NACE: Object to -- 24 THE COURT: He’s asking did he say the 25 words “I think it was a wedding.” Kimberly Tinsley, CSR #3611 (972) 548-4247 15 Asian Ghaffari March 10, 2014 - 1 A. I saw it was a wedding. 2 MR. CORBITT: Thought, is that what I just 3 heard Mr. Translator? Thought? 4 INTERPRETER: No. 5 MR. CORBITT: What was the word? Say what 6 he just said, please. I’m sorry. My fault. 7 THE COURT: He didn’t understand what you 8 said. Can you repeat? 9 INTERPRETER: I saw a wedding. 10 MR. CORBITT: Okay. Did he answer my 11 question? I think it was a wedding, did he use that 12 exact terminology? 13 MR. NACE: Object to the compound question. 14 THE COURT: Sustained. Respectfully, 15 that’s a weight not admissibility thing. 16 MR. CORBITT: Please the Court, with regard 17 to purpose of voir dire, we’ll pass the witness at this 18 particular juncture in time. But we will make an 19 objection under Family Code 2.202 that he is not 20 qualified to conduct a wedding in the State of Texas. 21 THE COURT: Mr. Ghaffari -- 22 MR. CORBITT: And I will also state that 23 the Court can take judicial knowledge of the fact that 24 Mr. Farahmand was the Petitioner in this cause, and he 25 files the petition on December 30th, 2013, at 2:02 p.m. Kimberly Tinsley, CSR #3611 (972) 548-4247 16 Asian Ghaffari March 10, 2014 - 1 and he specifically stated that the parties were married 2 as husband and wife on or about July 28th, 2012. 3 THE COURT: I’ll be happy to take judicial 4 notice of the pleadings in this matter. 5 Mr. Ghaffari, by what authority did you 6 perform a wedding? 7 THE WITNESS: In Islamic law there is no 8 need to have any permission. 9 THE COURT: Well, are you an Imam? 10 THE WITNESS: No. 11 THE COURT: Are you telling me that anyone 12 in Islamic law is authorized to perform a wedding? 13 THE WITNESS: That’s my thought and 14 understanding. 15 THE COURT: Okay. And just so that I 16 understand, I know that there are several subdivisions of 17 Islam, Sunni, for example, Shi’ite. What subdivision are 18 you? 19 THE WITNESS: Shi’ite. 20 THE COURT: Thank you. So the world will 21 know, I’m not an expert under Islamic law, but at least 22 I’ve got his testimony that he is authorized to do that. 23 That would, at least at this point in time, cover him as 24 far as 2.02 is concerned. Mr. Nace. 25 MR. NACE: Thank you, Your Honor. Kimberly Tinsley, CSR 4*3611 (972) 548-4247 17 Asian Ghaffari March 10, - 2014 Direct Examination by Mr. Nace 1 DIRECT EXAMINATION (CONTINUED) 2 BY MR. NACE: 3 Q. Who had contacted you, if you recall, originally 4 to perform this wedding? 5 A. I do not remember it very well, but definitely 6 could be one of their family members or father. 7 MR. NACE: May I approach the witness? 8 THE COURT: You may. 9 Q. (By Mr. Nace) I’m going to hand you what we’ll 10 mark as Petitioner’s 1. Can you identify this document 11 for the record? 12 INTERPRETER: He said, “This is my 13 signature.” 14 Q. So that would be a yes, you can identify this 15 document for the record? 16 A. I don’t remember very well, but this is my 17 signature and this is my handwriting. 18 Q. And is this a true and correct copy? 19 A. As you heard, I don’t remember it very well. 20 But certainly this is my handwriting, and this is 21 everything that I wrote. 22 Q. On that particular document it says at the top 23 Rights of Matrimony, correct? 24 MR. CORBITT: Objection, Your Honor, speaks 25 for itself. It’s not introduced into evidence. Kimberly Tinsley, CSR #3611 (972) 548-4247 18 Asian Ghaffari March 10, - 2014 Direct Examination by Mr. Nace 1 THE COURT: Sustained. 2 MR. NACE: We’ll offer. 3 THE COURT: Does it have a number on it? 4 MR. NACE: Yes, Your Honor, Petitioner’s 1. 5 MR. CORBITT: Predicate has not been 6 issued. 7 THE COURT: Let me see it, please. 8 MR. NACE: Yes, Your Honor. 9 (Document present to the Court) 10 THE COURT: Mr. Nace, I have what appears 11 to be a Xerox copy. I don’t see a clerk’s stamp on here 12 anywhere. 13 MR. NACE: Your Honor, we have the original 14 with another witness. That is a copy. 15 THE COURT: Why isn’t the original of a 16 marriage license on file with my clerk? 17 MR. NACE: From what I understand, to file 18 it that was their responsibility through her family. But 19 the original does exist. 20 THE COURT: Where is the original? 21 MR. NACE: My client can better answer that 22 judge through another witness. Because of things missing 23 in this case, our chain of custody, we want to make sure 24 we’re keeping things intact. 25 THE COURT: His objection is sustained at Kimberly Tinsley, CSR t3611 (972) 548-4247 19 Asian Ghaffari March 10, 2014 - 1 this point in time. 2 MR. NACE: May I re-approach the witness? 3 THE COURT: Sure. 4 Q. (By Mr. Nace) Sir, re-handing you this particular 5 exhibit, when you perform these weddings before, do you 6 typically sign off as a witness having performed a 7 wedding ceremony? 8 MR. CORBITT: Please the Court, objection 9 as to any relevancy regarding what he’s done in the past. 10 We’re only worried about -- 11 THE COURT: Overruled. 12 INTERPRETER: Can you repeat the question? 13 Q. (By Mr. Nace) Yes. With regard to the eight to 14 ten wedding ceremonies Mr. Ghaffari has performed in his 15 years, does he typically sign and certify that the 16 parties were united in marriage? 17 A. Usually I write the name of the couple, the 18 people who are getting married, in the marriage portion 19 and all the information in a piece of paper and they sign 21 Q. And there’s no question in Mr. Ghaffari’s mind 22 that this piece of paper that I offered as Exhibit 1 is 23 his signature and nobody else’s? 24 A. This is my signature for sure. 25 MR. NACE: Pass the witness. Kimberly Tinsley, CSR t36l1 (972) 548-4247 20 Asian Ghaffari March 10, 2014 - 1 MR. CORBITT: Please the Court. May have I 2 approach? 4 MR. CORBITT: Judge, this is using my time? 5 THE COURT: Yes, sir. Cross-examination, 6 direct examination, all that stuff is what you’ve got. 7 CROSS-EXAMINATION 8 BY MR. CORBITT: 9 Q. Mr. Ghaffari, I’m sorry, sir. That list here, 10 does that say Ph.D in C-O-R-O-M-I? 11 INTERPRETER: C-C-N? 12 MR. CORBITT: Whatever it says, sir. I 13 didn’t write it. 14 INTERPRETER: That says economy. That’s an 15 E you’re missing. 16 A. Ph.D in Economy. 17 Q. Okay. And there’s no filing on the bottom of 18 it, is there? 19 A. No. 20 Q. These weddings that you performed, these eight 21 to ten in ten years. How many in the United States of 22 America? 23 A. Some of them were here, yes. 24 MR. CORBITT: Pass the witness. 25 MR. NACE: Briefly, Judge. Kimberly Tinsley, CSR #3611 (972) 548-4247 21 Asian Ghaffari March 10, - 2014 Redirect Examination by Mr. Nace 1 REDIRECT EXAMINATION 3 Q. On what date did you perform the wedding 4 ceremony of Maryam and Amir? 5 A. I don’t remember. 6 Q. With regard to -- 7 A. It is written right here. 8 Q. That would be December 12th, 2009, correct? 9 A. Yeah, it has to be correct. 10 Q. Would you ever put a different date down than 11 the date you performed a wedding ceremony? Would you 12 ever put a different date down other than the date you 13 performed a wedding ceremony? 14 MR. CORBITT: Objection, speculation on the 15 part of this witness. 16 THE COURT: Sustained. Well, respectfully, 17 I don’t care. 18 MR. NACE: Pass the witness. 19 MR. COR.BITT: Pass the witness. 20 THE COURT: This witness excused or 21 reserved, Mr. Nace? 22 MR. MACE: Excused, Your Honor. 23 MR. CORBITT: Yes, sir. 24 THE COURT: Mr. Ghaffari, I have a couple 25 of questions. They may have some others. Did you know Kimberly Tinsley, CSR #3611 (972) 548-4247 22 Asian Ghaffari March 10, - 2014 Redirect Examination by Mr. Nace 1 the man that was participating in the wedding that we’ve 2 been talking about? 3 THE WITNESS: No, I didn’t know him. 4 THE COURT: No relation to you? 5 THE WITNESS: No. 6 THE COURT: Then nevermind. You can step 7 down. He’s free to go. He can remain if he wants, but 8 if he wishes to leave, he can. 9 Will we be needing this translator for 10 anything else, Mr. Nace? 11 MR. NACE: Yes, Your Honor, for one other 12 witness. I’ll just step in the hallway and get the next 13 witness. 14 THE COURT: For the record, Mr. Nace, who 15 is your next witness? 16 MR. NACE: Yes, Your Honor. This is Farid 17 Rastegar. 18 THE COURT: Sir, come up, come around and 19 have a seat in that black chair over there for me. 20 Please speak directly into the microphone on your right. 21 And if you would please spell both your first and your 22 last name for my court reporter, I’d appreciate it.. 23 THE WITNESS: I need a translator. 24 THE COURT: Okay. Mr. Nace, I’ll need your 25 translator. Come on back up. Kimberly Tinsley, CSR #3611 (972) 548-4247 23 Asian Ghaffari March 10, - 2014 Redirect Examination by Mr. Nace 1 The first thing I need him to do is spell 2 his first and last name for my court reporter, so if you 3 would ask him to do that I would appreciate it. 4 INTERPRETER: His name in his birth 5 certificate is Gholam Raza, which spells G-H-O-L-A-M, 6 space, R-A-Z-A. Last name is Rastegar, R-A-S-T-E-G-A-R. 7 But he’s been known by the name of Farid, F-A-R-I-D. 8 THE COURT: Is that a nickname? 9 INTERPRETER: Yes. 10 THE COURT: Mr. Nace. 11 MR. NACE: Thank you, Your Honor. 12 FARID RASTEGAR, 13 having been first duly sworn, testified through the duly 14 sworn interpreter as follows: 15 DIRECT EXAMINATION 16 BY MR. NACE: 17 Q. Please state your full name for the record. 18 A. My name is Gholam Raza Rastegar, but my nickname 19 is Farid. 20 Q. And you’re here pursuant to a subpoena I issued 21 for your appearance today, correct? 22 A. Yes. 23 Q. And I also subpoenaed you to bring a video with 24 you today, as well, correct? 25 A. Yes. Kimberly Tinsley, CSR #3611 (972) 548-4247 24 Farid Rastegar - March 10, 2014 Direct Examination by Mr. Nace 1 Q. And you’re a videographer? 2 A. Yes. 3 Q. With regard to the video you brought today, was 4 that video made at or near the time of the events or 5 conditions recorded? 6 A. I taped this during that party on that specific 7 date. 8 Q. So would your answer be yes, then, that the 9 video made was at or near the time of the events 10 recorded? 11 A. Yes. 12 Q. Was it in the regular course to make and keep 13 such records in the course of your business? When I say 14 records, video. 15 INTERPRETER: Can you explain what you 16 mean? 17 Q. Was it in the regular course of your business to 18 make such videos? 20 Q. Was it the regular course of your business to 21 keep such videos? 22 A. Always. 23 Q. And the video made was made by a person with 24 knowledge of the events recorded? Kimberly Tinsley, CSR #3611 (972) 548-4247 25 Farid Rastegar March 10, - 2014 Direct Examination by Mr. Nace 1 Q. And you have that video in front of you today? 3 Q. Now, you’re a videographer by trade, correct? 4 A. Yes. 5 Q. And with regard to the video made, is it of 6 events that occurred on December 12th, 2009? 7 A. I’m very positive about 2009, but the exact date 8 of it had been written in that video. 9 Q. So would that video be a fair and accurate 10 depiction of the recordings made as of December 12th, 11 2009. 12 A. Yes. 13 MR. NACE: We’ll offer the video as an 14 exhibit, Your Honor. 15 THE COURT: What number is on this exhibit? 16 MR. NACE: This will be Petitioner’s 2. 17 May I approach? 18 THE COURT: Yes. Mr. Corbitt. 19 MR. CORBITT: No objection to the entry of 20 the video. 21 THE COURT: It’s admitted. 22 MR. NACE: Thank you, Judge. Is there any 23 way we can put this on a video? 24 THE COURT: Not now, not unless you want it 25 running while your time is running. I’ll look at it. Kimberly Tinsley, CSR *3611 (972) 548-4247 26 Farid Rastegar March 10, - 2014 Direct Examination by Mr. Nace 1 MR. NACE: We’ll defer to the Court’s 2 wisdom. May I tender this to His Honor? 4 MR. NACE: And it is still in my right hand 5 as I am approaching His Honor, but I did not put an 6 exhibit sticker on that. I would pass this witness, 7 Judge. 8 CROSS EXAMINATION - 9 BY MR. CORBITT: 10 Q. Sir, I apologize. I cannot pronounce your name. 11 That’s my fault. I’m not being rude to you. 12 Now, let me ask you something. You said 13 this is a tape of a party, a party. Didn’t you say that? 14 A. I have only one reason why I mention party. In 15 this tape in the very, very last section of it, the 16 father of -- 17 MR. NACE: Judge, I’m sorry. I would 18 object to the nonresponsiveness of the witness. 19 THE COURT: Sustained. He’s not answering 20 the question. 21 MR. CORBITT: May I ask a question, another 22 one? 23 THE COURT: Sure. 24 Q. (By Mr. Corbitt) Was it told to you that you were 25 taping an engagement party, yes or no? Kimberly Tinsley, CSR #3611 (972) 548-4247 27 Farid Rastegar March 10, 2014 - Cross-Examination by Mr. Corbitt 1 A. No. I typed it “wedding” because it was a 2 wedding -- then it was a wedding. 3 Q. And no one said it was an engagement party? S Q. Do you know -- excuse me. Sir, do you know my 6 client? 7 A. Yes. 8 Q. Do you know her mother? 9 A. Yes. 10 Q. Did you tell her mother that it was an 11 engagement party, you were taping an engagement party? 12 A. Did I have to tell her? 13 Q. Did you? Did you tell her? Did you tell my 14 client’s mom, mother, that it was an engagement party? 15 A. No. 16 MR. CORBITT: Okay. Pass the witness. 17 MR. NACE: Very briefly, Judge. 18 REDIRECT EXAMINATION 19 BY MR. NACE: 20 Q. Sir, in the last week, other than myself, has 21 any other individual contacted you to ask you about the 22 events of December of 2009? 23 A. Yesterday, the mother of the bride. 24 Q. Yesterday the mother of the bride contacted you? Kimberly Tinsley, CSR #3611 (972) 548-4247 28 Farid Rastegar March 10, - 2014 Redirect Examination by Mr. Nace 1 Q. Did she speak with you? 2 A. Around two, three minutes we talked. 3 Q. And she contacted you, correct? 4 A. Well, actually, it was a person in one of the 5 society they go, they were talking to him and then they 6 passed the phone to the mother of the bride. 7 Q. And when did this happen? 8 A. I believe -- I think it was yesterday -- no, it 9 was yesterday. 10 Q. And this was Ms. Parviz or Maryam’s side of the 11 family, right? 12 A. Yes, it was the mother of the bride. 13 MR. NACE: I’ll pass this witness. 14 MR. CORBITT: Pass the witness. 15 THE COURT: Is he excused or reserved, 16 Mr. Nace? 17 MR. NACE: I’ll reserve him for His Honor. 18 THE COURT: I’m sorry? 19 MR. NACE: I’ll reserve him for His Honor, 20 if His Honor has questions. 21 THE COURT: No, not for a temporary orders 22 hearing, I don’t. I just need to know do I need to keep 23 him here or can he go on about his day? 24 MR. NACE: He can go on about his day, Your 25 Honor. Kimberly Tinsley, CSR #3611 (972) 548-4247 29 Farid Rastegar March 10, - 2014 Redirect Examination by Mr. Nace 1 THE COURT: Sir, you can step down. You’re 2 free to go. 3 MR. NACE: Judge, just before he leaves. 4 believe I offered the video and it was admitted. 5 THE COURT: If I haven’t said it, 6 Petitioner’s 2 is admitted. 7 MR. NACE: We would offer it just to be 8 sure. 9 THE COURT: I’ve admitted it. It’s in. 10 MR. NACE: We would call Mr. Farahmand. 11 THE COURT: Mr. Farahmand, let these guys 12 clear out. And if you would come up, have a seat in the 13 dark black chair. Speak into that microphone on your 14 right for me. You’ve already been sworn, Mr. Farahmand. 15 You can put your hand down. 16 Mr. Nace, by my clock you’ve got eight 17 minutes and 51 seconds. 18 MR. NACE: May I approach? 19 THE COURT: Yep. 20 ROGER FARAHMAND, 21 having been first duly sworn, testified as follows: 22 DIRECT EXAMINATION 23 BY MR. NACE: 24 Q. Sir, state your name. 25 A. My name is Roger Arash Farahmand. Kimberly Tinsley, CSR #3611 (972) 548-4247 30 Roger Farahrnand March 10, 2014 - 1 Q. You are the Petitioner in this case; is that 2 correct? 3 A. Yes, sir. 4 Q. I hand you what’s been marked as Exhibit 5 Number 3, Petitioner’s. Can you identify it? 6 A. Yes. This is the affidavit that we filed with 7 the Court on December 30th around 2:00 p.m. 8 Q. Is that a true and correct copy? 9 A. Yes, it is. 10 MR. NACE: Judge, we’ll offer 3 as a 11 summary of my client’s testimony. 12 THE COURT: Any objection? 13 MR. CORBITT: None, as a 1006 only, Judge. 14 THE COURT: As a summary, yes, sir. 15 MR. CORBITT: Okay. Thank you. 16 MR. NACE: May I tender? 17 THE COURT: Sure. 18 (Document presented to the Court) 19 Q. (By Mr. Nace) Also, with regard to -- first, 20 you’re the Petitioner in this case. You understand why 21 we’re here today, correct? 23 Q. And -- 24 MR. NACE: May I also approach my client 25 with Petitioner’s 4? Kimberly Tinsley, CSR #3611 (972) 548-4247 31 Roger Farahmand March 10, - 2014 Direct Examination by Mr. Nace 1 Q. You’ve reviewed with me a summary of your 2 requests today, correct? 3 A. Yes. 4 Q. Is that also a fair and accurate depiction, a 5 true and correct copy of what it purports to be? 6 A. Yes. 7 MR. NACE: We would offer 4 as a summary. 8 MR. CORBITT: Requested rulings, no 9 objection. 10 THE COURT: It’s admitted. 11 MR. NACE: May I tender? 12 (Document presented to the Court) 13 Q. (By Mr. Nace) What is it you want and why do you 14 want it? 15 A. I want my -- 16 MR. CORBITT: Instrument speaks for itself. 17 THE COURT: Overruled. 18 A. I want my child to be in a safe and loving 19 environment that is stable. I need to have possession of 20 my child because at this time his mother has shown 21 suicidal behavior. She’s been in and out of mental 22 institutions. In addition to that, she’s tried to commit 23 suicide on numerous cases. 24 She’s been very violent and unpredictable 25 around . I’ve kept with myself since Kimberly Tinsley, CSR #3611 (972) 548-4247 32 Roger Farahmand March 10, - 2014 Direct Examination by Mr. Nace 1 December 18th upon her admission to the C Center when she 2 took 30 hydrocodones and we had to take her to the ER, 3 more specifically, I took her to the ER. She’s been 4 displaying deteriorating behavior over the course of S time, and it’s just been unsafe. 6 I’ve wanted her to go out and get help. 7 Unfortunately, her and her family instead of getting help 8 have gone out on a smear campaign and just trying to 9 fight this rather than working together and getting her 10 the help and stair-stepping her into seeing the baby. 11 Q. With regard to her parents, meaning Maryam’s 12 parents, do you have concerns with regard to their 13 supervision of your seven-month old child? 14 A. Yes. I -- after January 4th and because of 15 their continued erratic behavior, I did some research. 16 Prior to my marriage they had fifty 911 calls. 17 MR. CORBITT: Objection. Objection. 18 Objection. Hearsay. 19 THE COURT: Sustained. 20 A. Uh- 21 THE COURT: No. Wait for the question. 22 Q. (By Mr. Nace) With regard to the medical records 23 we subpoenaed last time we were in court, when 24 Ms. Farahmand had George Parker as counsel, have you 25 reviewed those records? Kimberly Tinsley, CSR #3611 (972) 548-4247 33 Roger Farahrnand March 10, - 2014 Direct Examination by Mr. Nace 1 A. Yes. 2 Q. And do those records, I guess 372 pages worth, 3 those encompass December 18 through December 23rd, 2013, 4 correct? 5 A. Yes. And while she was taken to the hospital -- 6 THE COURT: Just wait for a question. 7 Q. (By Mr. Nace) You heard my deposition of her last 8 Thursday, correct? 9 A. It was on Tuesday. But, yes. 10 Q. Tuesday. Was there any indication in mother of 11 the child’s testimony that she was compliant with the 12 discharge summaries set forth in those records? 14 Q. Do you have concerns about Maryam’s testimony as 15 being less than candid? 16 A. She hasn’t told the truth. I counted at least 17 116 lies where I could document with facts and certified 18 proof that she lied. 19 Q. And she made allegations, after she was aware 20 you filed for divorce, of family violence, correct? 21 A. Yes. 22 Q. You heard her testify that she claimed you 23 shoved her, correct? 24 A. Well, at the deposition that’s what she claimed. 25 Q. And you have a recording of that interaction, Kimberly Tinsley, CSR #3611 (972) 548-4247 34 Roger Farahmand March 10, - 2014 Direct Examination by Mr. Nace 1 don’t you? 2 A. I have a recording of that interaction. 3 Q. Did you shove her? 5 Q. With regard to the recording, let’s take a 6 snapshot of time. What date did you record 7 Ms. Farahmand? 8 A. Which recording? In the one -- 9 Q. I believe several where she was erratic. The 10 one that stands out most in your mind. 11 A. I believe it was on December 11. 12 Q. And do you have that recording today? 13 A. I have it with me right now. 14 Q. If you could, play that recording for the court. 15 A. Sure. 16 (Audio being played off witness’ phone) 17 UNIDENTIFIED 1: [Female voice] . . . abide by 18 my rules. I don’t want him in the kitchen fucking 19 around. You know, grease everywhere. I want to have 20 enough food. If you want -- I’m the woman in the house. 21 God dammit, I’ll (incoherent) , (screaming) I hate you. 22 (screaming) 23 UNIDENTIFIED 2: [Male voice] Okay, okay, 24 okay. 25 (Inaudible/incoherent words and sounds) Kimberly Tinsley, CSR #3611 (972) 548-4247 35 Roger Farabmand March 10, - 2014 Direct Examination by Mr. Nace 1 UNIDENTIFIED 1: [Female voice] Get the 2 fuck out of my house. 3 MR. NACE: Okay. Stop there. 4 THE COURT: You realize that most of that 5 was inaudible, right? 6 MR. NACE: I understand that, Your Honor. 7 Q. (By Mr. Nace) With the what I’ll call explosion 8 in that audio cassette, have you heard this kind of 9 outburst before with Maryam? 10 A. It’s on a daily basis since December. When we 11 first started our -- 12 MR. CORBITT: Objection, non-responsive. 13 THE COURT: Sustained. 14 Q. (By Mr. Nace) Do you have any concerns that 15 she’ll act like that in your son’s presence? 16 A. My son was present. I was holding the baby. 17 Q. And with regard to give the Court a brief idea 18 of what had happened in December precipitating -- well, 19 there were two hospitalizations in December, correct? 21 Q. One was between December 18, 2013, and December 22 23rd when she was discharged, correct? 23 A. Correct. 24 Q. And then another one where she’s picked up by 25 the police on December 30th and is released on the 1st, Kimberly Tinsley, CSR #3511 (972) 548-4247 36 Roger Farahmand March 10, - 2014 Direct Examination by Mr. Nace 1 correct? 3 MR. CORBITT: Object to counsel testifying. 4 THE COURT: Overruled. 5 Q. (By Mr. Nace) On the 1st, that’s when she came to 6 your home after she was discharged? 8 Q. She testified about this in her deposition, 9 right? 10 A. Yes. 11 Q. And there she claims after she entered the house 12 that you purportedly touched her, correct? 13 A. Yes. 14 Q. But you heard her deposition, right? 16 Q. Any of that accurate? 17 A. No. 18 Q. With regard to what you’re asking for today -- 19 oh, first. Did Maryam testify last Tuesday that she had 20 never married the individual in the -- on December 12th, 21 2009? 22 A. She testified that she’s never been married. 23 That was an engagement party, not a wedding, and that 24 she’s never been divorced and she has never had an 25 annulment with this individual. They do have an address Kimberly Tinsley, CSR #3611 (972) 548-4247 37 Roger Farahmand March 10, - 2014 Direct Examination by Mr. Nace 1 in California together. 2 Q. What are you asking for today going forward? 3 A. Your Honor, I would like the Court to protect my 4 child, our child, and appoint an amicus attorney for 5 somebody who’s unbiased to evaluate all the credible 6 evidence, to separate the fact from the fiction, and to 7 be able to distinguish between the smear campaign and the 8 hired people who object to facts, to protect ’s 9 best interest. At this time I would like to continue the 10 supervised visitation. I’ll share the costs until this 11 ad litem attorney can do a thorough investigation or a 12 social study is completed. 13 I would like Maryam to get help and her 14 parents to get help. The Frisco police has recommended 15 them -- 16 MR. CORBITT: Objection, Your Honor. 17 A. -- for family counseling. 18 THE COURT: I don’t need to know what the 19 Frisco police are saying. 20 A. And due to the fact that -- 21 THE COURT: Your objection is sustained. 22 A. And due to the fact the mother and the father 23 have continuously gone on this smear campaign and talked 24 to different people in the community by spreading 25 untruths, I’m afraid. I’m on eggshells. Kimberly Tinsley, CSR #3611 (972) 548-4247 38 Roger Farahmand March 10, - 2014 Direct Examination by Mr. Nace 1 MR. CORBITT: Excuse me. This is outside 2 the scope of the question. 3 THE COURT: Sustained. 4 MR. CORBITT: Thank you. Request it be 5 stricken. 6 THE COURT: Oh, I can ignore it. 7 Q. (By Mr. Nace) Back in December did you find pills 8 in your home? 10 Q. Approximately how many pills did you locate in 11 your home? 12 A. Probably 50 Adderall pills and five or six 13 downers, I guess, is what I’m told. 14 (Beeper sounding) 15 THE COURT: You’re out of time, Mr. Nace. 16 You’ve got 12 minutes and nine seconds, 17 Mr. Corbitt. 18 CROSS-EXAMINATION 19 BY MR. CORBITT: 20 Q. Mr. Farahinand, you’re a lawyer, right? 22 Q. You filed the petition for divorce on 23 December 30th, 2013, at 2:02 p.m., did you not? 24 A. My attorney did. 25 Q. Well, you had it filed, correct? Kimberly Tinsley, CSR #3611 (972) 548-4247 39 Roger Farahmand March 10, 2014 - 1 A. Correct. 2 Q. And you are the one that stated specifically 3 that you guys were married on or about July 28th, 2012? 4 A. On December 30th -- 5 Q. Excuse me. On July -- you said in your 6 December 30th pleading that you and Maryam were married 7 on July 28th, 2012, yes or no? 8 A. On December 30th that was my belief at that 9 time. 10 Q. And that the marriage had become insupportable 11 because of discord and conflicts, correct? Did you plead 12 that or didn’t you? 13 A. I pled that. At that time I thought I was -- 14 Q. That’s enough right now. Hold on. Let me ask 15 the questions, please, sir. 16 A. Sure. 17 Q. Now, next question. You know what a judicial 18 admission is, don’t you? 20 Q. Okay. Do you think that you made a judicial 21 admission when you filed this pleading with this 22 Honorable Court 401st? 23 A. On December 30th I thought I was married. I 24 said the truth. 25 Q. Do you know specifically that the law in the Kimberly Tinsley, CSR #3611 (972) 548-4247 40 Roger Farahmand March 10, 2014 - 1 State of Texas under the Family Code presumes, under 2 Family Code Section 1.102, that the most recent marriage 3 is presumed valid? 4 MR. NACE: Judge -- 5 A. If you showed me the Family Code -- 6 THE COURT: Hang on a second. 7 MR. NACE: He’s calling for a legal 8 conclusion. 9 THE COURT: Overruled. He’s a lawyer. 10 A. Could you show me the Family Code? 11 THE COURT: Mr. Farahmand, what kind of law 12 do you practice? 13 THE WITNESS: Tax. 14 THE COURT: What kind of tax law? 15 Corporate? Individual? What? 16 THE WITNESS: Corporate. 17 THE COURT: Okay. Respectfully, what he 18 knows or doesn’t know, I don’t need to know. I know what 19 the law is. 20 MR. CORBITT: I know you do. Yes, sir. 21 THE COURT: Next question. 22 Q. (By Mr. Corbitt) Now, you just for the first time 23 brought up Tuesday of this week or last week in our 24 depositions anything about this -- your allegations of 25 bigamy, right? Kimberly Tinsley, CSR #3611 (972) 548-4247 41 Roger Farahmand March 10, 2014 - 1 A. Well - - 2 Q. First time you mentioned it? 3 A. No. 4 Q. When had you mentioned it before? S A. When I found out about it. 6 Q. To your wife? 7 A. When I found out about it. 8 Q. To your wife? 9 A. I don’t talk to her. 10 Q. As a matter of fact, in that deposition what’s 11 the terminology you called her at least 20 times? 12 A. I respectfully asked you not to refer to her as 13 my wife. And then you asked me what should we call her? 14 I said, I don’t know. But she is the mother of my child, 15 and we’re connected that way. 16 Q. You didn’t say at least 20 times that’s Baby 17 Mama? 18 A. No. You did. 19 Q. You didn’t? I’m asking -- 20 A. I don’t remember. 21 Q. You don’t remember, okay. Now, you know about 22 Dr. Woods, don’t you? That’s her psychiatrist for some 23 five years. 24 A. She told me Dr. Woods is where she gets her 25 medicine. Kimberly Tinsley, CSR #3611 (972) 548-4247 42 Roger Farahmand March 10, 2014 - 1 Q. As a matter of fact, you have seen Dr. Woods at 2 least one time, didn’t you? 3 A. I went with her, I believe on November 16th or 4 14th, to see Dr. Woods, and he prescribed -- 5 Q. Non-responsive. Did you meet with Dr. Woods, 6 yes or no? 8 Q. Next question. State the facts with reference 9 to whether or not her parents have watched at 10 least 20 to 30 times? 11 A. I don’t -- they have not watched 20 or 12 30 times. 13 Q. State the facts -- pull those pictures out. 14 State the facts with reference to whether or not they 15 were watching up until the middle of 16 December 2013? 17 A. That’s not true. 18 Q. Okay. 19 MR. CORBITT: May I approach? 20 THE COURT: You may. 21 Q. (By Mr. Corbitt) Respondent’s Number 1 I’m gonna 22 hand you, sir. Do you recognize the individual on the 23 right-hand side there? That’s ? 24 A. That’s . 25 Q. Is that a grandad? Kimberly Tinsley, CSR #3611 (972) 548-4247 43 Roger Farahmanci March 10, 2014 - 1 A. Yes, his grandfather. 2 Q. His grandpa? 3 A. Well, grandfather, grandpa. 4 Q. Okay. Yes, sir. And I’m gonna hand you what’s 5 been marked as Respondent’s Exhibit Number 2 and ask you S whether or not you can identify those, that photo. 7 A. I’m trying to think where it is. 8 Q. No, no, no. The individuals there, that’s your 9 son and that’s your mother-in-law? 10 A. Excuse me. No, that’s not my mother-in-law. 11 Q. Okay. What is the lady -- is the lady the 12 biological mother of that lady sitting on my right over 13 there, whatever you want to call her, baby mama? Whoever 14 that lady right there is, is that her biological mom? 15 A. That’s her mother. I don’t know if they’re 15 biological. 17 Q. Okay. Thank you. Did you ever tell anyone that 18 you were worth $10 million? 19 A. Not that I recall. 20 Q. Do you specifically recall testifying - - 21 Page 23, 24. Do you specifically recall testifying last 22 week, when I asked that same question, you said, I don’t 23 recall? Do you remember saying specifically I could have 24 possibly said it? Do you remember that? 25 A. Well, you asked three or four questions, and Kimberly Tinsley, CSR #3611 (972) 548-4247 44 Roger Farahmand March 10, 2014 - 1 you’re taking things out of context right now. But if 2 you would like, we can rehash. 3 THE COURT: Mr. Farahmand, just do me this 4 favor. Don’t do the lawyer thing. S THE WITNESS: I’m sorry, Your Honor. 6 THE COURT: Be a witness. Just answer the 7 question directly. 8 THE WITNESS: I’m sorry. 9 THE COURT: Did you say that? 10 THE WITNESS: Your Honor, could he repeat 11 it? 12 THE COURT: Sure. Mr. Corbitt, can you 13 repeat that question for me? 14 Q. (By Mr. Corbitt) When I asked you had you told 15 anyone that you were worth $10 million, your answer was, 16 as you said, I don’t recall. And then did you not say, I 17 could have possibly said that? 18 A. I could have possibly said sometime in my life, 19 sure. 20 Q. Okay. Thank you. 21 Now, you also told the Court, His Honor, or 22 the ladies and gentlemen of the jury, that you didn’t 23 know what your annual profit for the calendar year 2012, 24 did you not? You said it was zero or not much. 25 A. No. Kimberly Tinsley, CSR #3611 (972) 548-4247 45 Roger Farahmanc2 March 10, 2014 - 1 Q. You don’t recall that? 2 A. What’s your question? And I’m not trying to be 3 a lawyer. But you asked me like 50 questions of 50 4 entities and what my income was. What are you referring 5 to? 6 Q. Yes, sir. As a matter of fact, how many 7 businesses are you involved in? 8 A. I don’t know sitting right here. 9 Q. Well, would it help you to know that you listed 10 16? 11 A. If that’s what I’ve listed. I don’t know. I 12 mean, I’m kind of nervous. I’m on the stand. 13 Q. Since you and Mrs. Farahmand entered into this 14 marriage relationship July 28th, 2012, isn’t it a fact 15 that you guys were on trips during most of the marriage, 16 even taking ? Even taking . 17 A. We went on trips, yes. 18 Q. And on few or many times? 19 A. Depends who ask you. I mean, for me it’s 20 normal. 21 Q. It’s normal. Now, let me ask you this, please, 22 sir. Real estate, you have two properties here in Dallas 23 area, Dallas/Collin County area, correct? 24 A. No. 25 Q. No, you don’t? Kimberly Tinsley, CSR #3611 (972) 548-4247 46 Roger Farahmand March 10, 2014 - 1 A. No. 2 Q. Okay. Well, tell me the real estate you have 3 here in Dallas and Collin County contiguous areas. You 4 have a home, don’t you? 5 A. I have a home. 6 Q. Yes, sir. And don’t you have a condo down -- 7 THE COURT: Hang on a second. Hang on a 8 second. Mr. Farahmand. 9 THE WITNESS: Yes, sir. 10 THE COURT: When I sit in my capacity as a 11 family law, Judge, I’m always fascinated by how 12 accountants and tax lawyers structure things. Because 13 what’s really, really important for tax purposes is not 14 particularly important in the family law courtroom. 15 THE WITNESS: I understand. Yes, sir. 16 THE COURT: In who’s name is the house? 17 THE WITNESS: It’s under my name, Your 18 Honor. 19 THE COURT: Okay. What’s it worth? 20 THE WITNESS: $800,000. 21 THE COURT: Is it paid off? 22 THE WITNESS: No. I have no equity in it, 23 Your Honor. 24 THE COURT: Okay. Any other real estate 25 that you own anywhere? Kimberly Tinsley, CSR #3611 (972) 548-4247 47 Roger Farahmand March 10, 2014 - 1 THE WITNESS: I have a partial ownership 2 through a company that I’m involved in. There’s real 3 estate owned in -- there’s a condo on Main Street. There 4 is maybe in the corporation about 20,000 or 30,000 in 5 equity; however, there’s another partner in there. 6 THE COURT: Can I interrupt you? Condo on 7 Main Street of what city or town? 8 THE WITNESS: I’m sorry. Dallas. 9 THE COURT: Okay. What are the 10 intersections, Main and what? 11 THE WITNESS: I don’t know. Right by the 12 federal building. 13 THE COURT: Anybody living in it right now? 14 THE WITNESS: There’s a tenant living 15 there. 16 THE COURT: What’s the tenant paying for 17 that? 18 THE WITNESS: $900 a month. 19 THE COURT: Does that cover the expenses of 20 rent or whatever of that condo? 21 THE WITNESS: It covers the HOA and part of 22 the mortgage payment. 23 THE COURT: Okay. Mr. Corbitt. 24 MR. CORBITT: Thank you. 25 Q. (By Mr. Corbitt) And it states whether or not you Kimberly Tinsley, CSR #3611 (972) 548-4247 48 Roger Farahmand March 10, 2014 - 1 own in Colorado, 1700 Basset Street, a Unit Number 1717, 2 that you paid down $700,000 for, yes or no? Yes or no? 4 Q. No, okay. Well, excuse me. Did you pay for a 5 condo in Denver, Colorado? 6 A. Yes. I didn’t pay it. I got a loan. 7 Q. Sir? 8 A. I got a loan. 9 Q. Okay. It cost 700,000, did it not? 10 A. That’s a recollection that I testified to. 11 Q. State the facts relevant to whether or not you 12 also have a property in California, an interest in a 13 property in California that you use to ski with, yes or 14 no? 15 A. I don’t use the property to ski, no. 16 Q. Okay. You do own an interest in it? 17 A. I own an interest in it, and I owned all of 18 these prior to my relationship or knowing this young 19 lady. 20 MR. CORBITT: Non-responsive. 21 THE COURT: Sustained. 22 MR. CORBITT: State the facts with 23 reference to whether or not you also own a home at the 24 Pedregal in Cabo San Lucas. 25 A. I have an interest in it. Kimberly Tinsley, CSR #3611 (972) 548-4247 49 Roger Farahmand March 10, 2014 - 1 Q. Yes, sir. And as a matter of fact, you also got 2 a boat there, don’t you? 3 A. I have an interest maybe. I don’t know. I 4 think my partner sold that interest. 5 Q. And it’s a big boat, is it not? 6 A. I don’t know. I don’t go on it. 7 Q. Now, motor vehicles. State the facts with 8 reference to whether or not you drive a 2013, 750L1 BMW. 9 A. Ido. 10 Q. Your wife -- excuse me. The lady seated on my 11 right, she drives a 2013 BMW? 12 A. No. 13 Q. What is it? 14 A. 2014. 15 Q. Okay. Thank you. Please forgive me. As a 16 matter of tact, you have another vehicle that you own, do 17 you not, that’s a 2010 vehicle BMW that you let your 18 sister drive? 19 A. No, she owns it. 20 Q. Okay. Did you give it to her? 21 A. It’s hers. 22 Q. Sir, did you give it to her? 23 A. I mean, it’s her vehicle. I don’t know if I 24 gave it to her. 25 Q. Who paid for it? Kimberly Tinsley, CSR #3611 (972) 548-4247 50 Roger Farahmand March 10, 2014 - 1 A. I paid her part of her salary payment on the 2 car. 3 Q. Okay, sir. Thank you. Do you also have a 2003 4 Caddy Escalade that’s free and clear? 5 A. The 2003 Cadillac Escalade is free and clear. 6 Q. Do you also have a Maserati that’s free and 7 clear? 8 A. I do have a Maserati. 9 Q. Do you also have mutual funds? 10 A. I believe I do. 11 Q. Do you recall me asking you about those mutual 12 funds and you said, you don’t know the name and I don’t 13 know the value of them? 14 A. That’s correct. 15 Q. Now, with regard to personal property, state the 16 facts with reference to whether or not you told me last 17 week that your personal property was worth somewhere 18 between 300 to 500 thousand dollars? 19 A. I told you that’s my perception of the 20 replacement value of that property. 21 Q. State the facts with reference to whether or not 22 you have already been convicted, not once, but twice, of 23 driving while intoxicated? 24 MR. NACE: I would object to the relevance, 25 unless there’s a timeframe, Judge. Kimberly Tinsley, CSR #3611 (972) 548-4247 51 Roger Farahmand March 10, 2014 - 1 THE COURT: I didn’t hear you, Mr. Nace. 2 MR. NACE: I would object to relevance 3 unless there’s a defined timeframe. 4 THE COURT: Overruled. Not impeachment. 5 It goes to best interest of the kid. 6 A. There were two alcohol-related offenses, yes. 7 Q. And you were convicted of -- 8 THE COURT: Hang on a second. 9 Q. -- both of them, were you not? 10 THE COURT: Stop, stop, stop. Where and 11 when? 12 THE WITNESS: Dallas County, October 2000. 13 Denver County, October 2008. 14 THE COURT: Results of those incidents. 15 THE WITNESS: I pled out on both incidences 16 with the no contest plea, I believe, Your Honor. 17 THE COURT: The charge in Dallas driving 18 while intoxicated? 19 THE WITNESS: It was driving while 20 intoxicated, Your Honor. 21 THE COURT: Charge in Denver was? 22 THE WITNESS: Driving while ability 23 impaired. 24 THE COURT: Okay. 25 Q. (By Mr. Corbitt) Now, Mr. Farahmand, you know Kimberly Tinsley, CSR #3611 (972) 548-4247 52 Roger Farahmand March 10, 2014 - 1 we’re asking the Court -- , your son, has a 2 passport, true? 3 A. True. 4 Q. In your possession, is it not? S A. True. 6 Q. And you are from Iran, aren’t you? Your 7 family’s from Iran? 8 A. I’m from the United States, but my ancestry is 9 Persian. You’re right. 10 Q. Yes, sir. And you have properties in foreign 11 countries you testified to, Mexico, right? You 12 understand we’re asking His Honor, request that you place 13 that passport into the registry of the Court. Do you 14 remember me asking you that question last week and you 15 said you’re not agreeing to any of that? 16 MR. NACE: I would object to the 17 multifarious compound question. 18 THE COURT: Overruled. 19 Q. Do you object to the Court asking you to 20 turnover that passport tomorrow, or within a reasonable 21 time, whatever the Court says, if he so does, and let 22 that passport stay in the registry of the Court? 23 A. If the Court tells me to do anything, I will 24 abide by it. 25 (Beeper sounding) Kimberly Tinsley, CSR #3511 (972) 548-4247 53 Roger Farahmand March 10, 2014 - 1 Q. Thank you very much, sir. 2 THE COURT: And you’re out of time, 3 Mr. Corbitt. 4 Of what nation is your son a citizen, S Mr. Farahmand? 6 THE WITNESS: United States of America. 7 THE COURT: Any others? 8 THE WITNESS: No, not that I know. 9 THE COURT: Are you a citizen of any 10 country other than the United States? 11 THE WITNESS: I used to have an Iranian 12 passport. I don’t anymore. 13 THE COURT: Why not? 14 THE WITNESS: Because I don’t go there. 15 don’t have any family here. They’re all here. 16 THE COURT: This woman, who at least at one 17 point in time was referred to as your wife, is she a 18 citizen of the United States of America? 19 THE WITNESS: Yes, sir. 20 THE COURT: Is she a citizen of any other 21 country? 22 THE WITNESS: She is a citizen of Iran. 23 THE COURT: Okay. Where’s your Iranian 24 passport? 25 THE WITNESS: I have no idea. I haven’t Kimberly Tinsley, CSR #3611 (972) 548-4247 54 Roger Farahmand March 10, 2014 - 1 been there for -- 2 THE COURT: When’s the last time you 3 remember seeing it? 4 THE WITNESS: 2005, 2006 -- 2006, Your 5 Honor. 6 THE COURT: Where were you living at that 7 time? 8 THE WITNESS: I had just sold my business, 9 and I was traveling. And I was in between Dallas and 10 Colorado. 11 THE COURT: Somewhere between Dallas and 12 Cairo? 13 THE WITNESS: No, Colorado. Denver, 14 Colorado. I had a non-compete so I couldn’t work. 15 THE COURT: I was thinking Cairo, Egypt, to 16 Dallas is a large area. Dallas to Colorado is 17 significantly smaller. Okay. You can step down. 18 MR. CORBITT: Your Honor, may I make a -- 19 THE COURT: No. Does she have a treating 20 psychiatrist or psychologist? 21 MR. CORBITT: Absolutely. 22 THE COURT: I want them in here. 23 MR. CORBITT: Both? 24 THE COURT: I need the treating 25 psychiatrist. Kimberly Tinsley, CSR #3611 (972) 548-4247 55 Roger Farahmand March 10, 2014 - 1 MR. CORBITT: Yes, sir. And treating 2 psychologist, both? 3 THE COURT: I just need the psychiatrist 4 first. 5 (Witness enters courtroom) 6 THE COURT: Sir, would you step up here for 7 me. 8 MR. CORBITT: Please the Court, Dr. Scott 9 Woods. 10 THE COURT: Come up here, have a seat in 11 that chair, and speak directly into the microphone on 12 your right. 13 MICHAEL SCOTT WOODS, 14 having been first duly sworn, testified as follows: 15 THE COURT: Would you tell me your name, 16 please, sir. 17 THE WITNESS: Dr. Michael Scott Woods. 18 THE COURT: W-O-O-D-S? 19 THE WITNESS: Yes. 20 THE COURT: Doctor, what kind of doctor are 21 you? 22 THE WITNESS: I am a psychiatrist. I 23 practice adult and child psychiatry. 24 THE COURT: Okay. Only thing I really need 25 to know is are you licensed by the State of Texas to do Kimberly Tinsley, CSR #3611 (972) 548-4247 56 Michael Scott Woods March 10, 2014 - Examination by the Court 1 this? 2 THE WITNESS: I am. 3 THE COURT: Okay. I’ll spare you the whole 4 resume and curriculum vitae thing. 5 THE WITNESS: Thank you. 6 THE COURT: All right. I am trying not to 7 violate certain privileges. Okay? 8 THE WITNESS: Okay. 9 THE COURT: That woman there in the black 10 sweater one of your patients? 11 THE WITNESS: Correct. 12 THE COURT: How long have you been Creating 13 her? 14 THE WITNESS: A little over five years. 15 THE COURT: Are you at liberty to tell me 16 what you’re treating her for? 17 THE WITNESS: I’ve been given consent to 18 discuss the case. 19 THE COURT: What are you treating her for? 20 THE WITNESS: Depression and anxiety. 21 THE COURT: Okay. What meds is she suppose 22 to be on? 23 THE WITNESS: That’s changed over -- 24 THE COURT: I don’t doubt that. Currently 25 what should she be on? Kimberly Tinsley, CSR #3611 (972) 548-4247 57 Michael Scott Woods March 10, 2014 - 1 THE WITNESS: Currently she’s not taking 2 medication. I met with her last week, and she informed 3 me that she had gotten off some of the medication. 4 THE COURT: Was that with or without your 5 advice? 6 THE WITNESS: Without. I didn’t think it 7 was -- I thought it could be risky doing so. I think her 8 concern was that was somehow going to be used against her 9 in these hearings to either allege that she was 10 overmedicated or had to take these medications or she 11 would be unable to function. 12 THE COURT: Let me explain something to 13 you, Doctor, about the judge of the 401st. I expect 14 people in family law litigation at the very least to be 15 anxious. Okay? 16 THE WITNESS: Okay. 17 THE COURT: Some of that sometimes rises to 18 the level where they need medication and assistance. 19 I’ve dealt with lots of things in my career and people 20 who stood in front of me. I know bipolar folks who are 21 on medication who are just fine. And I deal with lots of 22 people in my capacity as a felony judge who self-medicate 23 with methamphetamine and aren’t doing well at all. 24 THE WITNESS: No. 25 THE COURT: And everything in between. Kimberly Tinsley, CSR #3611 (972) 548-4247 58 Michael Scott Woods March 10, 2014 - 1 Okay? 2 THE WITNESS: Okay. 3 THE COURT: If she has an issue, and she’s 4 dealing with it, that’s a good thing. And I’m not gonna 5 smack her if she’s dealing with it appropriately. 6 THE WITNESS: Correct. And -- go ahead. 7 THE COURT: If she thinks she knows better 8 than her medical providers, then I need to know that. 9 Does she think she knows better than her medical 10 providers? 11 THE WITNESS: I don’t believe so. And I 12 again discussed with her last week, in fact, I documented 13 in my notes, whether or not she’s prescribed certain 14 medication and how much and those things really is only 15 at the discretion of her physician and no one else. 16 THE COURT: And you don’t know this, but I 17 know this, you don’t know this about me, but I know that 18 depression can take people to some very, very bad places. 19 THE WITNESS: Yes, indeed. 20 THE COURT: And when they’re in those very 21 bad places, really bad things can happen. Okay. 22 THE WITNESS: Yes. 23 THE COURT: That’s always my concern when 24 I’m dealing with depression. Because under the Family 25 Code I am charged to act in the best interest of the Kimberly Tinsley, CSR #3611 (972) 548-4247 59 Michael Scott Woods March 10, 2014 - 1 child. I’m not charged to act in what is convenient for 2 them. And I don’t mind inconveniencing them as long as 3 the kids are okay. All right. 4 on her medications does she pose a threat S to her eight-month-old child? 6 THE WITNESS: No, not in my opinion. 7 THE COURT: Okay. Of f her medications does 8 she pose a threat or a potential threat? 9 THE WITNESS: Not at this time. Again, 10 that’s been a very recent development, and I’ve seen her 11 once. She’s only been off of the prescription medication 12 for a few weeks. 13 THE COURT: Okay. 14 THE WITNESS: And, no, she was fine. 15 THE COURT: When is she scheduled next to 16 see you? 17 THE WITNESS: Oh, sometime in the next 18 maybe three weeks, three to four weeks. 19 THE COURT: Okay. 20 THE WITNESS: After this is over. 21 THE COURT: Beg pardon? 22 THE WITNESS: After the hearing is over 23 essentially and some things hopefully resolved. 24 THE COURT: Well, today isn’t resolving 25 anything. Today is a temporary matter, and I regularly Kimberly Tinsley, CSR #3611 (972) 548-4247 60 Michael Scott Woods March 10, 2014 - 1 change my rulings at final hearings because I have 2 limited time and limited information. I hate the phrase 3 win or lose in family law litigation. But it’s not the 4 case of whoever wins at the temporary hearing wins at the 5 final hearing. Okay? 6 THE WITNESS: Okay. 7 THE COURT: If that assists you in 8 treatment, it just doesn’t make any difference. 9 THE WITNESS: Okay. 10 THE COURT: Forget everything you’ve ever 11 seen on television about Texas family law. I won’t 12 practice medicine if you won’t practice law, and we’ll 13 get along just fine. 14 THE WITNESS: Agreed. 15 THE COURT: Now, are you treating anyone 16 else in the family? 17 THE WITNESS: No. 18 THE COURT: All right. What can I do, as a 19 judge, to assist you, as a doctor, in mom’s treatment so 20 that I get mom, for lack of a better word, stabilized and 21 I don’t need to worry about kid issues? Although, this 22 kid’s eight months and I suspect I’m going to be worrying 23 about kid issues for the next 18 years. 24 THE WITNESS: I really would have to think 25 about that. She’s been very compliant in her Kimberly Tinsley, CSR #3611 (972) 548-4247 61 Michael Scott Woods March 10, 2014 - 1 appointments and coming to see me. That’s never been an 2 issue. There was one extended period a few years ago of 3 about nine or ten months where she didn’t see me, but 4 she’s been very consistent in her visits with me over the 5 last five years and in contacting me if there were issues 6 or concerns. 7 So I haven’t been worried that she’s gonna 8 disappear or that I’m not gonna hear from her. She even 9 notified me that she was going to be trying to get off 10 her medication. I said I think that’s a bad idea, but 11 again, she told me these things, and so communication is 12 good, I believe. And I think as long as she is seeing me 13 consistently, or someone, and I think being able to get 14 information, and I have in the past. Her mother 15 accompanied her to some visits back in I think 2009, when 16 there were concerns, so I think the family support is 17 there and they would contact me if there were any issues 18 or concerns they had, as well. 19 THE COURT: Okay. I’m not going to use my 20 words correctly, so feel free to correct me, okay. Are 21 you involved in her, for lack of a better word, treatment 22 in relation to a suicide attempt or multiple suicide 23 attempts. 24 THE WITNESS: That’s not why she initially 25 came to see me, no. But there was an alleged suicide Kimberly Tinsley, CSR #3611 (972) 548-4247 62 Michael Scott Woods March 10, 2014 - 1 attempt in 2009 where she was taken by paramedics to the 2 hospital for a brief detainment at the hospital, and then 3 the most recent. And that was disputed as Co whether or 4 not that was actually a suicide attempt. But the most 5 recent one here at the end of 2013 when she was 6 hospitalized for several days. So I’m aware of those. 7 THE COURT: Why do you say it’s disputed? B I want you to assume I know nothing. 9 THE WITNESS: This was during a period of a 10 very high stress with her job at the time and a 11 supervisor she had at work and the amount of hours she 12 was working, job was very stressful. And she was taken 13 by paramedics. I think a family member called because 14 she was banging her head against the wall. And she 15 hadn’t been sleeping well and had been taking more of her 16 sleep medication to try to get some sleep. I think a 17 combination of all those things led to this wondering had 18 she intentionally taken the medication and banging her 19 head against the wall if she was intentionally to harm 20 herself. And she denied that was a suicide attempt, just 21 that she was frustrated with the job situation and to 22 take the medication was to try to help with the anxiety 23 and insomnia, and it was about work. 24 THE COURT: Okay. Can I assume that as the 25 psychiatrist you are primarily the medication guy as Kimberly Tinsley, CSR #3611 (972) 548-4247 63 Michael Scott Woods March 10, 2014 - 1 opposed to the counseling guy? 2 THE WITNESS: We talk about lots of things, 3 her family, her job, her immediate family with the baby. 4 But, yeah, it’s medications and addressing her anxiety S and depression, but we do cover all the things going on 6 in her life at the time. Sometimes we talk about 7 relationships. Sometimes we talk about issues at work, 8 specifically not about medications, whatever is going on 9 at the time. 10 THE COURT: Medically, if there’s going to 11 be an issue, a problem from her being off her 12 medications, how would that generally manifest itself? 13 THE WITNESS: Changes in mood, changes in 14 behavior, changes in sleep pattern. It would be apparent 15 to other people around her, I think, because it has been 16 in the past. I think she had gotten off her medicine for 17 a time after she got married and, of course, while she 18 was pregnant. While she was pregnant, she did fairly 19 well. I think the previous time, which I think was 20 around 2010, her moods got worse. 21 So that’s the concern I have is that moods 22 get worse, and then when her moods get worse a lot of 23 times it results in irritability and anger, sleep 24 problems. So I’m not a big fan of doing trials off 25 medication, especially when there’s been a recurrent Kimberly Tinsley, CSR #3611 (972) 548-4247 64 Michael Scott Woods March 10, 2014 - 1 history of a problem. 2 THE COURT: In your medical opinion, what 3 is the best medical course of treatment for her, at least 4 involving you. I’m not asking about other stuff. I’m 5 talking about her mental health. 6 THE WITNESS: I think to remain on the 7 medication that has been helpful to her in the past or 8 helped her to provide mood stability. What we discussed 9 last week was that the medication -- for example, the 10 medication for anxiety didn’t seem to be helping a whole 11 lot. She just knew through all this there was going to 12 be anxiety and the medication was not helping, so she got 13 off of that. She was pretty exhausted by the end of the 14 day and so sleep wasn’t really an issue. So she didn’t 15 feel she needed the sleep medication. So she had 16 substituted an over-the-counter natural supplement as an 17 antidepressant instead of the prescription medication. 18 THE COURT: Can I assume part of the 19 checkups with you involve blood work to see how her 20 medication levels are? 21 THE WITNESS: Only if necessary. There are 22 only certain medications that require that. 23 THE COURT: Do any of the medications she’s 24 on require that? 25 THE WITNESS: Not the ones she was most Kimberly Tinsley, CSR #3611 (972) 548-4247 65 Michael Scott Woods March 10, 2014 - 1 recently on, no. 2 THE COURT: If she’s on her medications, do 3 you believe she poses a risk of harm to her child? 4 THE WITNESS: Do you want yes or no? 5 THE COURT: If it’s not a fair question, 6 Cell me. 7 THE WITNESS: I think it’s more complicated 8 than whether she’s taking her medication or not. It has 9 to do with the issues the stressors that have been going 10 on within the family over the last six months or so, six 11 to nine months. I think that has been the biggest 12 influence in what has affected her anxiety and mood. 13 THE COURT: The stressors including this 14 lawsuit? 15 THE WITNESS: Yes. And especially -- and 16 this happened before the first of this year, but with 17 other stressors while everyone was in the home together. 18 But, yes, I look back at the last five years and for the 19 most part her moods have been stable. When they haven’t, 20 we’ve adjusted things and they’ve improved. So I have a 21 long history of mood stability with her going back quite 22 a while. 23 So I’m fairly confident that going forward 24 that if she remains in treatment, which I fully expect 25 she will, that her moods will remain stable and when Kimberly Tinsley, CSR #3611 (972) 548-4247 66 Michael Scott Woods March 10, 2014 - 1 things need adjusting, we will, as we have in the past. 2 Under those circumstances, the woman I’ve treated for the 3 past five years, no, I don’t believe poses any risk to 4 her child. 5 THE COURT: Okay. 6 THE WITNESS: Even in this period of high 7 stress with things going on and with divorce and custody, 8 I don’t believe she poses a risk to the child. She never 9 has indicated that. 10 I don’t believe she poses a risk to 11 herself. I think that the issue that led to her taking 12 the pills and going to the hospital at the end of 13 December were due to an intense amount of stress with all 14 the things going on, frustration, feeling desperate, that 15 nothing was changing, nothing was going the way she 16 thought it was going to happen. And it was a rather 17 impulsive move out of desperation, not something she had 18 been thinking about or planning. 19 THE COURT: Not to be a smartaleck, but I’m 20 gonna be one. 21 THE WITNESS: Okay. 22 THE COURT: Somebody who hurts themselves 23 or someone else impulsively hurts themselves or someone 24 else just as much as if it were planned out. You know, 25 the drunk driver kills somebody just as dead as the guy Kimberly Tinsley, CSR #3611 (972) 548-4247 67 Michael Scott Woods March 10, 2014 - 1 who plans the shooting. 2 THE WITNESS: Yes, the result is the same. 3 THE COURT: Okay. They’ve used up all 4 their time. That’s why you and I are having this 5 conversation. What else do I need to know? 6 THE WITNESS: Well, I think that episode we 7 were just alluding to was out of character, but it 8 happened. So, you know, you can’t discount that. But 9 I’ve never had concerns that she was suicidal on an 10 ongoing basis. It really hasn’t been an issue 11 whatsoever. And there are some patients that is, it’s a 12 regular or recurring issue. I’ve had absolutely no 13 concerns that she’s had any thoughts or feelings towards 14 harming the baby whatsoever, nothing. 15 THE COURT: Okay. Thank you. You can step 16 down. You’re free to go. 17 THE WITNESS: Thank you, sir. 18 (Witness exits courtroom) 19 THE COURT: Mr. Corbitt, is that 20 psychologist around? 21 MR. CORBITT: Yes, he is, Judge. 22 THE COURT: Go get said psychologist for 23 me. 25 (Witness enters courtroom) Kimberly Tinsley, CSR #3611 (972) 548-4247 68 Michael Scott Woods March 10, 2014 - 1 THE COURT: Sir, if you would come on up. 2 Have a seat in that black chair over there for me. 3 Please speak directly into the microphone on your right. 4 I swore you in earlier this morning, didn’t I? 5 THE WITNESS: You did, sir. 6 THE COURT: I thought you were in this 7 crowd over here. 8 THE WITNESS: Yes, sir. 9 ROBERT GORDON, 10 having been first duly sworn, testified as follows: 11 THE COURT: Please tell me your name and 12 spell your last name for my court reporter. 13 THE WITNESS: Dr. Robert Gordon, 14 G-O-R-D-O-N. 15 THE COURT: Dr. Gordon, what kind of doctor 16 are you? 17 THE WITNESS: Clinical and forensic 18 psychologist. 19 THE COURT: Are you treating? Consulting? 20 What is your role in this lawsuit? 21 THE WITNESS: I am evaluating Maryam 22 Farahmand. 23 THE COURT: All right. Can I assume at 24 some point in time you’ve issued a whole fun battery of 25 psychological tests? Kimberly Tinsley, CSR #3611 (972) 548-4247 69 Robert Gordon March 10, 2014 - 1 THE WITNESS: Yes, sir. 2 THE COURT: Can you hit the highlights of 3 the tests; not the results, just what tests you have 4 administered? 5 THE WITNESS: The MMPI, the 16PF, PAl, and 6 also mental status examination and tests that deal with 7 cooperation and shared parenting, such as the Myers 8 Briggs. 9 THE COURT: Do you diagnose? 10 THE WITNESS: Yes, sir. 11 THE COURT: Have you made a diagnosis? 12 THE WITNESS: Yes. 13 THE COURT: What is your diagnosis? 14 THE WITNESS: Major affective disorder in 15 remission. 16 THE COURT: Okay. What sorts of things can 17 trigger it to come out of remission? 18 THE WITNESS: Sir, would you say that 19 again, please? 20 THE COURT: I don’t know if it’s even a 21 smart question. You said we have this disorder that’s in 22 remission. 23 THE WITNESS: Yes, sir. 24 THE COURT: I’m trying to ascertain what 25 can, if anything, can cause it to come out of remission? Kimberly Tinsley, CSR #3611 (972) 548-4247 70 Robert Gordon March 10, 2014 - 1 THE WITNESS: Yes, sir. It’s a very smart 2 question. The separation from her husband of a marital 3 circumstance that was discouraging, without hopefulness 4 and overwhelmingly disparaging to her self-esteem, 5 without criticism of Mr. Farahmand, coming out of that 6 circumstance into a single and independent life could 7 cause a lifting of the depression and hopefulness about 8 her future. 9 THE COURT: All right. I’m gonna try and 10 translate that into English. And you have every right, 11 ability, or whatever, to tell me I’m wrong. 12 Are you telling me that the stress and 13 anxiety, pressure, whatever the right word is, from -- 14 that results from family law litigation and the very 15 public systematic dismantling of a relationship could 16 trigger an episode? 17 THE WITNESS: Could trigger an episode of 18 health, yes. 19 THE COURT: All right. So what kind of 20 help she need? 21 THE WITNESS: The kind of help she needs is 22 what she’s getting, and that is continued psychiatric 23 counseling from Dr. Woods, continued evaluation and 24 support from myself, and she’ll be fine. 25 THE COURT: All right. In your opinion, Kimberly Tinsley, CSR #3611 (972) 548-4247 71 Robert Gordon March 10, 2014 - 1 does she pose a physical threat to her child? 2 THE WITNESS: Absolutely, unequivocally no. 3 THE COURT: In your opinion, does she pose 4 an emotional or psychological threat to her child? 5 THE WITNESS: Absolutely not. 6 THE COURT: When did you evaluate her? 7 THE WITNESS: I began evaluating her at the 8 end of February, February 25th of this year. 9 THE COURT: And if you know -- well, can 10 you tell me whether or not your tests are affected by 11 virtue of the fact that someone might have been born or 12 raised in another country? 13 THE WITNESS: Absolutely, yes. 14 THE COURT: Was she? 15 THE WITNESS: She was, in fact. 16 THE COURT: And how does that factor into 17 the validity, lack of validity, adjustment, or whatever, 18 the grading scheme of the test? 19 THE WITNESS: It makes it challenging for 20 someone like me to determine whether it has the validity 21 of a person who was raised in a different family 22 structure in Iran. But at the same time, Your Honor, 23 she’s also a Ph.D in neuroscience, so she’s very 24 sophisticated, as well, and that also had to be factored 25 into my evaluation of her results. Kimberly Tinsley, CSR #3611 (972) 548-4247 72 Robert Gordon March 10, 2014 - 1 THE COURT: Okay. 2 THE WITNESS: She is, herself, like a 3 psychologist, a neuroscientist. 4 THE COURT: So can I assume she is like 5 many people in the medical profession, a lousy patient? 6 Is this like lawyers are lousy clients in lawsuits? 7 THE WITNESS: No. She’s very receptive to 8 having all of the enhanced mental health and parenting 9 that she can ascribe and benefit from. She is a good and 10 is a compliant patient. 11 THE COURT: You know she’s taken herself 12 off her meds? 13 THE WITNESS: I do, sir. 14 THE COURT: And your two cents about that? 15 THE WITNESS: My two cents is that she is 16 functioning very well without her medication. She has 17 made an adjustment. I’m sure that Dr. Woods would have 18 preferred a gradual withdrawal, rather than an abrupt 19 withdrawal, but everybody acknowledges that she’s doing 20 quite well without her medication. 21 THE COURT: What’s your understanding for 22 how long she’s been off her meds? 23 THE WITNESS: Several weeks. 24 THE COURT: In general, just in a general 25 psychological health of someone -- and let’s assume that Kimberly Tinsley, CSR #3611 (972) 548-4247 73 Robert Gordon March 10, 2014 - 1 we are involved in contentious family law litigation, not 2 just normal stuff but above the average level of 3 contention. All right. Someone with her mental health 4 status, would it be wiser for her to be on medication to 5 assist with the stress and the anxiety, or not? 6 THE WITNESS: It certainly should be 7 evaluated between herself and Dr. Woods. They may 8 determine that some antidepressant or antianxiety is 9 indicated. 10 THE COURT: Okay. Is there any other 11 psychological issues that are out there other than the 12 depression and anxiety? 13 THE WITNESS: She has a marvelous support 14 network of her parents, of her professor at the 15 University of North Texas -- 16 MR. NACE: I would object as 17 non-responsive. 18 THE COURT: Sustained. Bad question or 19 we’re not communicating. I’m not interested in her 20 support network, as politely -- for this question. 21 THE WITNESS: Yes, sir. 22 THE COURT: I need to know if there’s any 23 other mental health -- oh, let’s use the word diagnosis, 24 word, phrase, I’m not speaking coherently, anything else 25 under whatever DSM we are currently using, four, five, Kimberly Tinsley, CSR #3611 (972) 548-4247 74 Robert Gordon March 10, 2014 - 1 whatever it is? 2 THE WITNESS: Yes, sir. If I understand 3 your question -- 4 THE COURT: Is she also a paranoid 5 schizophrenic? 6 THE WITNESS: Absolutely, unequivocally 7 not. She does have an apprehension about the intentions 8 of her husband which borderline on extreme 9 suspiciousness. I’m not sure that that’s unjustified 10 under the circumstances. 11 THE COURT: It’s normal in any family law 12 lawsuit? 13 THE WITNESS: In my experience, yes. 14 There’s also a heightened sense of emotional reaction to 15 matters which can be treated in psychotherapy. And there 16 is a history of depression in her family, all of that is 17 true. 18 THE COURT: Okay. That’s what I need to 19 know. Thank you. You can step down. 20 MR. CORBITT: Your Honor, may I ask -- 21 THE COURT: No. I don’t need anything 22 else. I know what I need to know. 23 MR. CORBITT: He prepared a report. 24 THE COURT: Don’t need a report, 25 respectfully. Not today. Maybe in final but not today. Kimberly Tinsley, CSR #3611 (972) 548-4247 75 Robert Gordon March 10, 2014 - 1 MR. CORBITT: May I impose upon the court 2 just to take our requested rulings, and we’ll pack up and 3 get out of here. 4 THE COURT: I’m about to tell you what my 5 ruling is. 6 MR. CORBITT: Without seeing our requested 7 rulings? 8 THE COURT: Oh, I’ll be happy to look at 9 your requested rulings. I was unclear. 10 MR. CORBITT: Usually I give them to you at 11 the first. 12 (Pause in proceedings) 13 THE COURT: All right. Gentlemen, make 14 sure you have your pads and papers and that we answer any 15 questions before you leave, because I don’t want to have 16 to do this another time for temporary orders. 17 The parties are gonna be appointed 18 temporary joint managing conservators. Temporarily Dad 19 is gonna be primary with the right to establish the 20 primary residence of the child within Collin County. 21 His financial situation is such that I’m 22 not ordering child support at this time. He has the 23 ability to take care of the kid without a contribution 24 from her. 25 We’re going to enter the standard Kimberly Tinsley, CSR #3611 (972) 548-4247 76 Ruling March 10, 2014 1 injunctions with standard language. So everybody in this 2 room listen very carefully to me. I don’t care which 3 side of this room you’re supporting, or not. No one says 4 anything derogatory, insulting, meanspirited, demeaning, S insulting about anyone in this lawsuit, period. 6 Especially in the presence of this kid. And if you can’t 7 hold your tongue, don’t say it around the child. And if 8 you can’t, you should expect me to do something about it 9 and you won’t like it; like put you in jail, like call 10 the State department, or anything else I need to do to 11 make sure this kid is safe. 12 All passports, American and Iranian, for 13 this child will be surrendered into the registry of the 14 Court. All passports from the parties will be put into 15 the registry of the Court, American or Iranian. All 16 parties are enjoined from seeking replacement passports 17 or applying for new passports for themselves or their -- 18 or this child. 19 If you have a business trip, I’ll be happy 20 to give you a passport. If you’ve got a real reason to 21 travel, I’ll be happy to give you your passport. And 22 both parties will inform the United States State 23 Department pursuant to that wonderful standard language 24 about restrictions on child - - this kid does not get on 25 an airplane, or a jet, or a helicopter, or a ship, Kimberly Tinsley, CSR #3611 (972) 548-4247 77 Ruling March 10, 2014 1 period. This child does not leave the United States, 2 period. 3 Mother is ordered to continue her 4 psychological course of treatment with Dr. Woods, if that 5 involves counseling, medication, or whatever, and to 6 abide by and follow all of his orders and instructions. 7 Mr. Gordon is a forensic guy, you can continue with him, 8 or not. I’m not ordering you to. I’m not forbidding you 9 to. Dr. Woods is the main primary treatment guy. You 10 will continue in your treatment with Dr. Woods. 11 Everyone in this room understand that if 12 somebody has a chemical imbalance in their brain, I don’t 13 hold it against them if they are dealing with it 14 appropriately. 15 Now, I’ve got an eight-month-old kid. And 16 Mr. Nace, just so you’ll know, while this testimony about 17 another wedding is interesting, even assuming for the 18 sake of discussion that some ceremony was performed, that 19 license isn’t on file, so I don’t have a valid prior 20 ceremonial marriage. I may or I may not have a valid 21 informal marriage and that would certainly be some 22 evidence of it. But you’re miles from at the very least 23 cohabitation. So at least today, I’m not -- don’t have 24 any concerns about there being a bigamy situation. That 25 doesn’t mean there isn’t one. I’m just saying today, in Kimberly Tinsley, CSR #3611 (972) 548-4247 78 Ruling March 10, 2014 1 this temporary hearing, that’s not causing me heartburn. 2 Now, who’s got medical insurance on this 3 child? 4 MR. NACE: Mr. Farahmand does. 5 THE COURT: All right. Mr. Farahmand, 6 you’ll continue covering this child with your medical 7 insurance. Any uncovered medical expenses of the parties 8 will be split 50/50. 9 Mr. Corbitt, you been paid yet? 10 MR. CORBITT: Sir? 11 THE COURT: Have you been paid? 12 MR. COR.BITT: Yes, sir, through borrowed 13 money. 14 MR. NACE: Twice what we were, Your Honor. 15 He got a $20,000 check; I got ten. 16 THE COURT: Cool beans. I’m not worried 17 about your client’s ability to cover the check, Mr. Nace. 18 MR. CORBITT: Judge, was husband to 19 continue the medical on the -- 20 THE COURT: Sir? 21 MR. CORBITT: Was the husband -- excuse me. 22 Mr. Farahmand, was he also ordered to continue medical on 23 the Mom, also? 24 THE COURT: Yeah. If Mom’s covered, Mom 25 stays covered. And Mom pays any uncovered expenses that Kimberly Tinsley, CSR #3611 (972) 548-4247 79 Ruling March 10, 2014 1 are in her name, and Dad pays any uncovered expenses in 2 his name. Because you see, right now I don’t have reason 3 to think this is not a valid marriage. 4 MR. NACE: Judge, briefly, Ms. Farahmand 5 has her own health insurance, not through my client, just 6 for clarification. 7 MR. CORBITT: No. Mr. Nace says yes but -- 8 THE COURT: Just listen very carefully to 9 me. Whoever had insurance the day this divorce was 10 filed, there better gosh, darn be an insurance policy in 11 place right now. I will be most put out if someone 12 thought it was wise to cancel it or not re-up it. 13 If you each have health insurance, you do. 14 It one of you has been carrying health insurance on the 15 other because it’s a better policy or better premiums, or 16 whatever, then you have been. If somebody’s changed it, 17 change it back. 18 The parties will be awarded the temporary 19 use of the vehicles in their name -- or in their 20 possession rather. How is the 2014 vehicle being paid 21 for? Whoever’s been paying for them keeps paying them. 22 So I suspect, Mr. Farahmand, that’s you. 23 Ms. Farahmand, you don’t do anything to 24 diminish the value of that vehicle. You don’t scratch 25 it. You don’t bang it up. You make sure the oil gets Kimberly Tinsley, CSR #3611 (972) 548-4247 80 Ruling March 10, 2014 1 changed. You’re responsible for the maintenance and 2 upkeep, but make sure that it’s done. 3 I’m not gonna interfere with any contracts 4 that are out there with this car agency or this leasing S entity. Whoever’s been making the insurance payments 6 will continue to make them on the vehicles. 7 And I expect both sides to keep a running 8 tab of everything that they spend. Because if I find at 9 a final hearing that there’s not a valid marriage in 10 front of me and all I’m dealing with is a SAPCR, people 11 should expect me to award judgments for folks. Because 12 I’m operating right now on the assumption that I’m 13 dealing with a valid marriage and this is a community 14 property state. 15 Is everyone a member of the same mosque? 16 The only reason I ask is I don’t want this carrying over 17 there, so make sure it doesn’t. 18 With respect to this child, visitation is 19 always as agreed between the parties, comma, in the 20 absence of an agreement this is what we’re gonna do for 21 the next couple of months. By that I mean three. 22 Mom will have two hours visitation on 23 Tuesdays and Thursdays, two hours in a block. It will 24 bees supervised by her parents or any other competent 25 adult. The person in possession of the child drops off Kimberly Tinsley, CSR #3611 (972) 548-4247 81 Ruling March 10, 2014 1 the child. Now, if this child is in daycare, for 2 example, then we’ll do the pick up and drop off -- well, 3 we’ll do the pick up at the daycare center. If there’s 4 not daycare, then Dad, you bring the kid to Mom. Mom, at 5 the end of your two hours, you return the kid to Dad. 6 Any competent adult can transport the kid. So if the two 7 of you can’t inhabit the same area and not be at one 8 another’s throats, have somebody else do it because it’s 9 what’s best for your son. 10 You’ll have up to four hours on the 11 weekend. The weekend in my world is Saturday and Sunday. 12 That will continue being at Hannah’s House. Mom, you 13 make the time arrangements up to four hours in a block. 14 Mom and Dad will split the cost of that 50/50. 15 At the end of three months I want a report 16 from Dr. Woods. I want to know how Mom is doing, what 17 her mental state is. 18 if you can’t keep your mouth shut in my 19 courtroom, leave. You can make whatever editorial 20 comment you want in the hallway. You don’t make it in my 21 courtroom. That’s for those of you on the front row, not 22 those of you at counsel table. 23 Now, given all that’s going on in this 24 lawsuit, I think an amicus attorney is appropriate. 25 MR. CORBITT: May we ask costs, Your Honor? Kimberly Tinsley, CSR #3611 (972) 548-4247 82 Ruling March 10, 2014 1 THE COURT: Sir? 2 MR. CORBITT: May we ask costs since she 3 has no funds, none? 4 THE COURT: She’s a professor at the S University of North Texas or her parents are? S MR. CORBITT: She has a degree. She 7 doesn’t have a job at this point in time. She was 8 working for the pharmacy that they had an interest in 9 called Renner Pharmacy, which she would be glad to go 10 back to, subject to your approval. 11 THE COURT: Get a job is the short answer. 12 But, Mr. Nace, explain to your very brilliant tax 13 attorney client that I’m going to want to know where 14 every penny in his estate is, whether it’s his separate 15 property, whether it’s community property, whether it’s 16 in a family trust or some other kind of business entity, 17 whether it’s structured or not, every account, every 18 stock, every bond, every spec of dirt, every vehicle, 19 every thing. Because whatever is separate property, I 20 need to make sure I award as separate property and I 21 don’t screw up. 22 Both of your clients need to understand 23 that if anybody’s been moving money or assets, there’ll 24 be a price to pay for that. For some reason in the past, 25 when I’ve dealt with people of certain nationalities in Kimberly Tinsley, CSR #3611 (972) 548-4247 83 Ruling March 10, 2014 1 high conflict litigation, more often than not funds get 2 moved. Don’t do that. If they’ve been moved, return 3 them. 4 Now, I can have Dad pay the money up-front 5 against a final number at final hearing. If there’s a 6 valid marriage, there is; if there isn’t, there isn’t. 7 I’m just trying to figure out who I need to do this. 8 Mr. Nace, you got anybody in mind? 9 MR. NACE: Your Honor, I want the best 10 person qualified, the most intelligent lawyer that His 11 Honor has had before him. 12 THE COURT: I’m sorry? 13 MR. NACE: I want the most qualified, most 14 intelligent family law expert that His Honor has had 15 before him. And I’ll certainly defer to His Honor’s 16 wisdom here. I don’t have anybody specific in mind, no, 17 sir. 18 THE COURT: You got anybody in particular, 19 Mr. Corbitt? 20 MR. CORBITT: Judge, I’m sure we know the 21 same people. I have no problem with you doing the 22 picking, sir. 23 MR. NACE: Debbie McKoy seems to be fairly 24 objective and fairly well-known in Collin County. 25 THE COURT: I’m trying to think of people Kimberly Tinsley, CSR #3611 (972) 548-4247 84 Ruling March 10, 2014 1 Chat I know that aren’t doormats and who I haven’t picked 2 on lately. And while you’re absolutely right about 3 Ms. McKoy, I’ve put her in the middle of two or three 4 other things right now, and I think if I’m not off her 5 Christmas card list, I’m about to be. I’m going down 6 this list. She was on that list. 7 Diana Porter is your amicus. Her offices 8 are here in Mclcinney. And she is an amicus attorney, so 9 that the record is clear. 10 In three months, so everyone knows, if I 11 need to adjust, change, or otherwise tweak the visitation 12 schedule, I will. I’m assuming I’ll have a couple of 13 months without there being problems. If there aren’t 14 problems, people should expect me to expand visitation or 15 to dial back on supervision. 16 But, for the short period of time, 17 especially in light of Dr. Woods’ testimony, I just want 18 to make sure. That’s all. If Mom can handle being off 19 her meds, she can. If she needs help, that’s fine. 20 That’s what I’m trying to do right now. 21 Anything else from your side of the room? 22 MR. NACE: Yes, Your Honor a couple of 23 things, if I may. 24 THE COURT: I’m sorry? 25 MR. NACE: A couple of things, if I may. Kimberly Tinsley, CSR #3611 (972) 548-4247 85 Ruling March 10, 2014 1 Just for clarification, with regard to the two hours on 2 Tuesday and Thursday. 3 THE COURT: I don’t know your client’s 4 schedule. I don’t know her schedule. I would like it 5 done before this kid’s bedtime and so he can get back to 6 his Dad and sleep in his bed and not Dad have to deal 7 with a kid who’s wound upcoming back in, and the normal 8 8:00 o’clock bedtime now becomes 10:00 or 11:00 with a 9 kid who’s bouncing off the walls. So if the kid’s normal 10 bedtime is, pick a number, 8:00 p.m., have him home a 11 half-an-hour before his normal bedtime and back it two 12 hours up from that. 13 If Mom is not working and this child has 14 two hours in the middle of the day, and I have 15 grandparents who are ready, willing and able to 16 supervise, then two hours in the middle of the day will 17 work when it can be a playtime. I prefer it not be the 18 middle of the boy’s naptime so Mom, A, has a visit and, 19 B, again, the kid isn’t bouncing off the walls. But it’s 20 going to be difficult to structure those things. 21 If your clients cannot work this out, come 22 see me and I’ll pick two hours. I’m assuming that your 23 client has coming up on what should be a busy time for a 24 tax lawyer, so I’m assuming there are some arrangements 25 during the daytime that have been made for this child. Kimberly Tinsley, CSR #3611 (972) 548-4247 86 Ruling March 10, 2014 1 Nobody’s bothered to tell me really what they are. We 2 need to deal with that. I don’t care when the two hours 3 1 is but I would prefer it be at a time when it can be, 4 for lack of a better word, a positive and productive time 5 for Mom with minimum inconvenience for Dad upon the 6 return of the child. That’s where I’m coming from. 7 MR. NACE: With regard to communications, 8 Your Honor. 9 THE COURT: I’m sorry? 10 MR. NACE: With regard to communications, 11 if Ms. Farahmand -- 12 THE COURT: If you guys need to communicate 13 with one another, you will either, A, use your lawyers 14 or, B, if it is about the child and an emergency -- and 15 so you will know, my definition of an emergency means 16 somebody is bringing this child to a doctor or a 17 hospital. You can text or call one another if it’s an 18 emergency. If we are talking about scheduling or 19 otherwise, you will e-mail one another. 20 MR. NACE: Judge, with regard to 21 supervision, I’m assuming direct line of sight. 22 THE COURT: I’m sorry? 23 MR. NACE: With regard to supervision by 24 her parents, direct line of sight, is that -- 25 THE COURT: Same room. Kimberly Tinsley, CSR #3611 (972) 548-4247 87 Ruling March 10, 2014 1 MR. NACE: And with regard -- 2 THE COURT: If they go to the park, grandma 3 or grandpa gets to stroll down to the park. But if it’s 4 a two-story building and Mom and the child are in the 5 bedroom upstairs, grandparents are upstairs in the same 6 room or in the hallway. If the kid is downstairs with 7 Mom, grandparents are downstairs with the kid and Mom. 8 We’re not on different floors. We’re not taking naps. 9 We are -- supervise means supervise. It means you’ve got 10 an eye on it, but you don’t have to be in the middle of 11 the conversation. I’m assuming -- are the grandparents 12 in my courtroom? 13 MR. COR.BITT: Yeah. 14 THE COURT: Grandpa just listen. Sit. You 15 don’t need to stand. Just listen. I assume that you 16 don’t think your daughter is a threat at all to your 17 grandson. I want you to understand that I need to make 18 sure that she is not. Okay. So that’s part of what this 19 supervised visitation is for is so that I have a comfort 20 factor, not you, me. And if you or your wife are going 21 to be supervising, it means you are there, you can see 22 what’s going on, you can hear what’s going on. If you go 23 out to the grocery store, for example, you and your wife, 24 the child is with you. You don’t leave the building and 25 leave the kid behind with Mom. If they want to go down Kimberly Tinsley, CSR #3611 (972) 548-4247 88 Ruling March 10, 2014 1 to the park, you go with them. If they want to go to the 2 shopping mall, you go with them. And hopefully, in about 3 three months I can lighten up on this. But for the next 4 three months, you and your wife are not just my eyes and 5 ears, you’re his eyes and ears, and his eyes and ears. 6 Clear? 7 (Person nods head up and down) 8 THE COURT: Okay. 9 MR. NACE: With regard to the up to four 10 hours at Hannah’s House on Saturdays and Sundays, does 11 His Honor mean every week? 12 THE COURT: Every week, four hours either 13 day, not both days. Four hours on Saturday or four hours 14 on Sunday. But depending on what somebody’s schedule is 15 Saturday might work better than Sunday. Depending on 16 what Hannah’s House schedule is one may work better than 17 the other. I don’t know those things. I’ll let these 18 guys make those arrangements. 19 MR. NACE: With regard to the costs and the 20 allocation therefore, Judge, with regard to Hannah’s 21 House and Diana Porter, could the Court give some 22 clarification on the expenses? 23 THE COURT: Sure. And everybody is ordered 24 to fill out whatever paperwork they need to fill out this 25 week to make sure visitation can start this coming Kimberly Tinsley, CSR #3611 (972) 548-4247 89 Ruling March 10, 2014 1 weekend. I’ve had people in the past in other lawsuits 2 get cute and not fill out paperwork that has prevented 3 visitation from happening. If you don’t think that I 4 won’t react badly to that, try me. So everybody fills 5 out all the paperwork. 6 MR. NACE: And Judge, just for 7 clarification, the allocation of costs at Hannah’s House 8 and Diana Porter? 9 THE COURT: It’s 50/50. 10 MR. NACE: And last, Judge, during the 11 pendency of this matter my client had access to an 12 account for the Renner Pharmacy which has since 13 discontinued due to, we believe, Ms. Farahmand’s conduct. 14 We are lacking those records. We believe they were moved 15 by Ms. Farahmand. We’ve asked for them back and not 16 gotten them. There are client files that are also 17 missing. And so my client -- 18 THE COURT: Whose records? 19 MR. NACE: Stand up and address the Court. 20 MR. FARAHMAND: Your Honor, I was put out 21 of the house on December 28th. When I re-entered it on 22 January 2nd, all my business records, sales records of 23 previous businesses, financial documents, hard drives, 24 client records, missing from my office. I have requested 25 from Maryam to return those. She claims she does not Kimberly Tinsley, CSR #3611 (972) 548-4247 90 Ruling March 10, 2014 1 have those. And that has caused a huge, huge burden on 2 me to get it because they were all original documents, 3 the sale of Cedar Hospital, the sale of Inner Health, and 4 my client files. And I have pictures showing when I did 5 come into the house the computers were taken apart and 6 the hard drives missing. 7 MR. NACE: And in conjunction of that, Your 8 Honor -- 9 THE COURT: Well, right now I’m not dealing 10 with a discovery dispute. But if anybody has -- I 11 misunderstood. 12 MR. NACE: There are two components there, 13 Judge. One is access to the -- I believe, the Chase 14 Renner Pharmacy bank account which was interrupted by 15 Ms. Farahmand. We’ve got her deposition testimony to 16 that effect. Also, the spoliation of documents which we 17 need back -- 18 THE COURT: It’s not spoliation yet. And 19 that would be a very incendiary word to be using. 20 MR. NACE: We don’t have necessary 21 documents anymore. 22 THE COURT: All right. Well, sit down. 23 I’ll handle this. Mr. Corbitt. 24 MR. CORBITT: Yes, sir. 25 THE COURT: If someone, either your client Kimberly Tinsley, CSR #3611 (972) 548-4247 91 Ruling March 10, 2014 1 or someone thinking they were assisting your client, 2 removed a whole bunch of records, or any records, or hard 3 drives, or otherwise, see that they get returned. 4 Explain to your client that if somebody did that, that 5 there are a whole lot of problems with admissibility of 6 things. And if they’re his business records, they’re his 7 business records. And if they’re his business records, 8 since that’s pretty much where the money is going to be 9 coming from so I can split things up, he needs his 10 business records. By the same token, Mr. Farahmand. If 11 they get returned, they don’t get edited. 12 MR. FARAHMAND: They won’t, Your Honor. No 13 problem. 14 THE COURT: Hopefully not. I have lots of 15 people in my history as a family law judge who are worth 16 lots of money, and some people not worth anything, who go 17 to great lengths to try and minimize their financial 18 holdings. I had a guy week before last who was worth 19 many millions of dollars who wanted me to believe he had 20 nothing. It didn’t go well for him. 21 But from a temporary orders purpose, is 22 there anything else that you need me to address? I’ll 23 get to your side in a second. 24 MR. NACE: Let me -- 25 THE COURT: Mr. Farahmand, sit. Kimberly Tinsley, CSR #3611 (972) 548-4247 92 Ruling March 10, 2014 1 MR. NACE: Your Honor, I think everything 2 from our vantage point has been addressed. I think that 3 the appointment of Diana Porter clarifies the need of a 4 social study. S THE COURT: If Ms. Porter tells me I need a 6 social study, I’ll have a social study done. But if I 7 do, it will be more than three months from now. Because 8 if I move towards -- if I move towards less supervised 9 visitation, then a social study that would occur in the 10 next two or three months would essentially be useless and 11 would probably require another one, which is additional 12 and unnecessary costs. So I may very well do it, but it 13 won’t be today. 14 MR. NACE: We would like to get a baseline 15 of drug usage, Judge. 16 THE COURT: I’m sorry? 17 MR. NACE: We would like to get a baseline 18 of drug usage. And certainly to that end, we’re okay 19 with mutual random UA and drug testing being done. 20 THE COURT: Don’t need it. I’ve got no 21 evidence in front of me that tells me either one of these 22 people are using illegal medication. I’ve got no reason 23 to believe that they are. 24 MR. NACE: I think that’s it for us, Judge. 25 I’m sorry. With regard to the usage of the Chase bank Kimberly Tinsley, CSR #3611 (972) 548-4247 93 Ruling March 10, 2014 1 account, Your Honor, that pertains to a business my 2 client started before marriage. That is the bank account 3 we need the exclusive use of. Ms. Farahmand tried to 4 access that account at least four times, admitted to in S her deposition, during the pendency of this divorce and 6 it’s now locked up by Chase Bank for investigation of 7 fraud. 8 THE COURT: Well, then it’s locked up by 9 Chase Bank. Chase Bank isn’t in my room. I don’t have 10 an order to tell Chase to knock it off. All right. If 11 the lawyers want to show up with lawyers from Chase Bank 12 and have a discussion with the trial judge, we can do 13 that. But today there’s not a whole heck of a lot I can 14 do about Chase’s internal investigation. 15 MR. NACE: We would just ask that my client 16 have the exclusive use so that he re-access that account. 17 THE COURT: You’ve heard what I’ve said. 18 have no idea why Chase has locked it up. I don’t know 19 why Chase would deny your client access, especially if 20 they’re looking at fraud, that would mean they would be 21 concerned that someone other than your client is trying 22 to access it. I don’t know that they would be very upset 23 about your client accessing it. So if they locked him 24 out, I don’t have the whole story. And Chase isn’t here 25 to tell me. So today, no. If Chase needs -- really Kimberly Tinsley, CSR #3611 (972) 548-4247 94 Ruling March 10, 2014 1 needs to happen, find a lawyer or representative of Chase 2 and the two of you come find me some morning between 8:00 3 and 9:00, and we’ll handle this in chambers real quick. 4 From your side of the room, Mr. Corbitt. 5 MR. CORBITT: Yes, sir. Thank you. With 6 regard to the travel time, on that two hours, that 7 doesn’t count travel time, does it, when the kiddo is 8 being transferred? 9 THE COURT: Where is the kiddo right now? 10 MR. COR.BITT: Well, he’s with Dad. 11 THE COURT: Were does Dad live? 12 MR. CORBITT: Dad lives right off 13 Frankford. He’s got a law firm here in Collin. 14 THE COURT: Where’s the kid during the 15 daytime? 16 MR. FARAHMAND: Your Honor, he’s at the 17 house. 18 THE COURT: As nice as I can -- 19 MR. FAR]4HMAND: 20 . 21 MR. CORBITT: The child has been kept at 22 the law firm. 23 THE COURT: There are worse places to keep 24 a kid. It’s not ideal, but there are worse places. 25 Now, where does your client live? Kimberly Tinsley, CSR #3611 (972) 548-4247 95 Ruling March 10, 2014 1 MR. COR.BITT: She lives with her parents in 2 Frisco. 3 THE COURT: Okay. Frisco, Texas, is just 4 up the road from Frankford and the toll road. 5 MR. CORBITT: Yes, sir. 6 THE COURT: Probably ten to 15 minutes. 7 Parent in possession drops kid off, that’s when the clock 8 starts running. So, yeah, it will be 15 minutes to get 9 the kiddo back. Now, if you want to do this in the 10 middle of the day, do it in the middle of the day. 11 That’s why all of my visitation orders read just like the 12 Family Code says they’re suppose to: As agreed between 13 the parties, comma, in the absence of an agreement. 14 If this child’s been kept at a law firm, 15 then I assume there are people at the law firm who 16 actually have legal business to be doing rather than 17 tending to an eight-month-old. Because at eight months 18 my son was climbing things and launching himself from the 19 tallest thing he could launch himself from, and that’s 20 just not a good kind of kid to have in the middle of a 21 law firm, especially if he’s launching himself from the 22 top of computers and those sorts of things. But 23 eight-month-olds bounce, so I wouldn’t be too concerned. 24 So if the kid is at the law firm, Dad, get 25 the kid to Mom, and the clock starts running. And Mom, Kimberly Tinsley, CSR #3611 (972) 548-4247 96 Ruling March 10, 2014 1 in two hours, unless someone says, no, two hours and 15 2 minutes is just fine, have the kid back in two hours. 3 Next issue. 4 MR. CORBITT: Yes. And, Judge, with regard 5 to Hannah’s House, you didn’t say Saturday and Sunday? 6 THE COURT: I said Saturday or -- I know 7 what I said, and I know why it was confusing, which is 8 why I’m clarifying. Either Saturday or Sunday and it 9 doesn’t have to be the same day each week. People have 10 schedules and people have things, and they’ve got to work 11 around them. That’s what I’m trying to accommodate as 12 much as I can. I’ll give her up to four hours on either 13 of those days. I don’t want it to be two hours here or 14 two hours there, three hours in one. I want it to be up 15 to a four-hour block. 16 MR. CORBITT: Okay. Judge, speaking of 17 Hannah’s House, now, we’ve had problems in the past here 18 in the 42 hours we’ve seen the child since January 4th. 19 She’s not allowed to take any pictures at Hannah’s House 20 because Ms. Stone over here is afraid -- 21 THE COURT: And she’s got Tuesday and 22 Thursday where she can burn as much film or as much 23 memory on a camera or a cell phone as she wants to. 24 MR. COR.BITT: How about grandparents also 25 seeing , the child, during some of this period of Kimberly Tinsley, CSR #3611 (972) 548-4247 97 Ruling March 10, 2014 1 time over at Hannah’s House? 2 THE COURT: I don’t think Hannah’s House is 3 gonna be real keen on that. The -- I don’t know what 4 their rules are is the short answer. Okay. And I would S prefer this be a time for Mom and . 6 MR. CORBITT: Yes, sir. And I think that’s 7 a good idea. It’s just that they’re ordered out of the 8 Hannah’s House parking lot, and I don’t know why he would 9 have the authority to do that. 10 THE COURT: I don’t know is the short 11 answer, okay. 12 MR. CORBITT: Okay. 13 THE COURT: It may simply be their policies 14 because their rooms just aren’t that big. Because if we 15 bring the extended family, friends, and all concerned, if 16 you can fill my courtroom, I promise you, you can fill a 17 room at Hannah’s House. 18 MR. CORBITT: Makes all the sense in the 19 world. 20 THE COURT: Grandparents will have Tuesdays 21 and Thursdays with and their daughter. Saturday 22 or Sunday I want her to have as much time with her son as 23 she can in a positive and -- I know it’s not ideal. 24 MR. CORBITT: Yes, sir. Thank you. 25 THE COURT: Okay. I’ve got to stair-step Kimberly Tinsley, CSR #3611 (972) 548-4247 98 Ruling March 10, 2014 1 her in. I’ve got to deal with his fears. I’ve got to 2 deal with Dr. Woods’ testimony. And it’s three months, 3 assuming all goes well. 4 MR. COREITT: Next two issues is, number 5 one, temporary spousal support. We have no money, have 6 no job, have no funds. All three credit cards have been 7 canceled, canceled. 8 THE COURT: If credit cards were canceled 9 after this lawsuit was filed, uncancel them. 10 MR. NACE: Judge, the testimony actually 11 during the deposition was that my client canceled them 12 prior to filing. And further, it’s his credit, not hers. 13 THE COURT: Respectfully, right now in my 14 courtroom I don’t have reason to believe that this is 15 anything other than a presumptively valid marriage. We 16 are in a community property state. I don’t care what 17 people think they should do for tactical positions or 18 otherwise. 19 Now, if they were canceled, they were 20 canceled. If what your client’s concerned about is his 21 credit history or his credit rating, although given his 22 brief litany of things that he owns or has an interest 23 in, I don’t think he needs to be all that concerned, then 24 that’s easy. Okay. 25 MR. CORBITT: You ordered it restored? Kimberly Tinsley, CSR #3611 (972) 548-4247 99 Ruling March 10, 2014 1 THE COURT: Just listen. Just listen. 2 There’s a Maserati. There’s a Cadillac Escalade. There 3 are two other vehicles. There’s property in lots of 4 places. Businesses sold, all sorts of fun things. I 5 suspect your clients’ worth a whole lot more than I am. 6 Of course, that’s not hard; I’m a career public servant. 7 MR. CORBITT: Mine? 8 THE COURT: His. 9 MR. CORBITT: Yes, sir. Okay. Thank you. 10 THE COURT: Is it the last thing, 11 Mr. Corbitt? 12 MR. CORBITT: Yes, sir. So temporary 13 spousal support -- 14 THE COURT: I’m thinking the best way to 15 handle this. 16 MR. NACE: Judge, if I may, all the 17 properties that Mr. Corbitt specified and outlined during 18 examination were owned before marriage, not acquired 19 during marriage. There is a distinction, as well. 20 They’re heavily debt laden, one thing he didn’t note 21 during his examination of my client last -- 22 THE COURT: Just listen. I know how to 23 split things up. Note to self, anything that gets zeroed 24 out on an income tax form that you want the federal 25 government to believe has no value, you shouldn’t be Kimberly Tinsley, CSR #3611 (972) 548-4247 100 Ruling March 10, 2014 1 surprised if I award it to the other side of the room. 2 Not a promise, just a general policy view. Because I 3 never understood people fighting over things that have no 4 value. 5 Now, she’s living with her parents. Her 6 expenses are gonna be minimal. He’s already covering the 7 cost of the car, which I assume is a few bucks. 8 Were credit cards canceled, Mr. Nace? 9 MR. NACE: Prior to the commencement of 10 litigation, yes. 11 THE COURT: When? 12 MR. FARAHMAND: Your Honor, they were 13 canceled December 28th. 14 THE COURT: All right. When did you first 15 see a lawyer? 16 MR. FARAHMND: December 29th. 17 THE COURT: Okay. What do you make in a 18 month? 19 MR. FARAHMAND: It varies, Your Honor. My 20 net home is about five to six thousand in spending money. 21 THE COURT: Note to self, Mr. Farahmand. 22 I’m not a tax lawyer; son of an accountant. And I know 23 that with numbers the question is infinitely more 24 important than the answer. Numbers don’t lie. They just 25 answer the question that they’re asked. Kimberly Tinsley, CSR #3611 (972) 548-4247 101 Ruling March 10, 2014 1 MR. FARAHMAND: Your Honor, we’ll provide 2 all the bank statements. 3 THE COURT: I’m Sorry? 4 MR. FARAHMAND: You’ll have all the 5 financial documents. 6 THE COURT: No, I don’t. 7 MR. FARAHMAND: Canceled checks. 8 THE COURT: You think you’re negotiating 9 with me, Mr. Farahmand? 10 MR. FARAHMAND: No, Your Honor. 11 THE COURT: Sit down. 12 MR. FARAHMAND: Yes, Your Honor. 13 THE COURT: I don’t have any financial 14 documents. I have summaries of things. I’ve got a Mom 15 with issues. I’ve got an eight-month-old kid. I’ve got 16 somebody dancing with me with respect to finances; if 17 they’re dancing because they think they’re pulling a fast 18 one or if they’re dancing because they’re just worried I 19 don’t know enough, I don’t know which. One of those is 20 absolutely forgivable. One of those is not a wise 21 position to hold. 22 In a community property state she would be 23 entitled to 50 percent of the income of the community. 24 I’m assuming you’ve got a few bills. I’m assuming you’ve 25 got some other things. $1,500 a month on or before the Kimberly Tinsley, CSR #3611 (972) 548-4247 102 Ruling March 10, 2014 1 15th of the month. 2 MR. NACE: And Judge, can we have a 3 limitation? Is that during the pendency or three months? 4 THE COURT: That’s temporary spousal 5 maintenance. Now, we are in March. If this lawsuit is 6 not over before September 15th, you should expect me to 7 make it go away, because it’s temporary. 8 Now, if I have reason to think that someone 9 is being dilatory or obnoxious in discovery, if I think 10 one side of the room is trying to unnecessarily delay 11 this, then I’ll factor that into the equation in 12 September. And if things get delayed due to nobody’s 13 fault, then they do. If there are records and hard 14 drives and those things, they need to be returned. 15 All right. Any questions on anything? 16 MR. CORBITT: Yes, sir. You gave me -- 17 THE COURT: Yep. 18 MR. CORBITT: So I did hear the Court 19 specifically say that if the credit cards -- 20 THE COURT: No, I’m -- 21 MR. CORBITT: -- were canceled before the 22 filing of the divorce on December 30th, 2013, it’s okay. 23 But if they were canceled after, he’s got to go restore 24 it. 25 THE COURT: If anybody canceled things in Kimberly Tinsley, CSR #3611 (972) 548-4247 103 Ruling March 10, 2014 1 violation of the temporary standing orders of this court, 2 they need to fix it. 3 MR. CORBITT: Okay, sir. 4 MR. NACE: Judge, if the Court were to 5 find -- I think I know the answer. If the Court were to 6 find at the end of this case there is no valid marriage, 7 I’m assuming the temporary spousal support ordered would 8 be ordered as a judgment at that time, if there were such 9 a finding. 10 THE COURT: That would be one way to deal 11 with it. Probably the easiest way to deal with it. 12 MR. CORBITT: Two other issues, since I 13 thought it was my time, but if Mr. Nace wants me to sit 14 down, I will. 15 We need to get our belongings out of the 16 house because we have been out of the house now and she’s 17 got personal effects. If you’ll just give us a date. 18 THE COURT: You guys need me to do this? 19 Can you guys -- 20 MR. NACE: It’s available for pick up, 21 Judge. 22 MR. CORBITT: Okay. Tomorrow at 23 12:00 o’clock? 24 THE COURT: I don’t care when you guys do 25 it. Go have that conversation outside, not on my court Kimberly Tinsley, CSR #3611 (972) 548-4247 104 Ruling March 10, 2014 1 reporter’s time. 2 MR. CORBITT: Last thing on my behalf is 3 interim attorney’s fees. 4 THE COURT: I’m sorry? 5 MR. CORBITT: Last thing on my behalf is 6 interim attorney’s fees. 7 THE COURT: Today Chat one’s denied. 8 MR. CORBITT: Okay. Thank you for your 10 THE COURT: Get me an order. You guys are 11 excused. 12 (Proceedings adjourned) Kimberly Tinsley, CSR #3611 (972) 548-4247 Qj te fte Q9/ ?V7J Y?t O/ 1WI? £12 6 Z 60 Q9Le %2ThS. 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By Veyuty ‘Return License T q4qqiiz 7(rjWI 15025 MCO’Z!E cDq !RjCJ(J4 cRJDSO!1ç 75080 Petitioner’s Exhibit 2 DVD — Wedding 12/12/2009 • S NO. IN THE MATTER OF § IN THE___ THE MARRIAGE OF § § ROGER ARASH FARAHMAND § AND § JUDICIAL DISTRICT COURT MARYAM FARAHMAND § § AND IN THE IN EST OF § § COLLIN COUNTY, TEXAS NOR CHILD § SUPPORTING AFFIDAViT OF ROGER ARASH FARANMAND COUNTY OF COLLIN § § STATE OF TEXAS § BEFORE ME, the undersigned authority, on this day personally appeared ROGER ARASH FARAHMAND (hereinafter referred to as “ROGER”), known to me to be the person whose signature is affixed hereto, and, who, after first being duly sworn on his oath did say he is over the age of 18 years, has never been convicted ofa felony, and is competent to make this affidavit; that he is the Petitioner in the above entitled and numbered cause; that he has read this AFFIDAVIT, has knowledge of the facts contained herein, and that they are all true and correct. “I, ROGER ARASH FARAHMAND, am the Petitioner in this case and the Applicant seeking the EMERGENCY MOTION FOR EX PARTEIEXTRAORDINARY RELIEF. That Respondent, MARYAM FAR.AHMAND (hereinafter “MARYAM”), and I met on June 5,201 ma d shortly thereafter o 28, 2012. We have a son named (hereinafter “ ”), age six (6) months, born MARYAM and her sister ha a significant history of instability and mental health issues. “From the outset, MARYAM’s emotional volatility was evident, in private and later in public. That volatility (yelling, screaming, highs and lows) has been observed by numerous family, friends, business associates and partner, as well medical staff and now the police. Despite having a Ph.D. and two Master’s Degrees, MARYAM has not held any meaningful employment immediately before, or during, our marriage. It is my understanding that MARYAM had to leave her last place of employment due to mental instability. She applied for short-term disability but was denied. “During our marriage, MARYAM told me that she went to Green Oaks in 2009 for an attempted suicide. She said she did not remember the exact details, only that she had a “breakdown” and overdosed on Xanax. Recently however, she changed her story claiming that it was a “medication issue,” and that’s why she “overdosedonXanax.” MARYAM later sought psychiatric SUPPORTING AFFIDAVIT OF ROGER ARASH FARAHMAND Pg. 1 )O3 counseling through Dr. SCOTT WOOD, M.D. for PTSD, severe self-esteem issues and depression, but per her words, “he wouldn ‘t do therapy” and that he ‘just gave me medication.” “MARYAM has told me that in the past she has been on a variety of pills, including Adderall, Prozac, Xanax and Seroquel but that she hasn’t taken them since July 2012. Throughout our marriage, but more recently, MARYAM would have auditoiy hallucinations when she would not sleep. I don’t know if that condition is due to the medications she claimed she wasn’t taking or something else. I do know MARYAM once destroyed her car from sleep deprivation (she was also recently in a “hit and run”). According to MARYAM, she fell asleep behind the wheel and did not remember the accident. That the Adderall helps keeps her awake, and she likes it because she “doesn ‘t eat” and it lets her “lose weight.” (Conflicting with what she previously told me about her past pill usage). That she took Xanax and Melatonin to calm down, so she could go to sleep. “On November 15, 2013, MARYAM saw Dr. SCOTT WOOD, M.D., and was prescribed Prozac. Since then, MARYAM has refused to take that medication. On December 13, 2013, MARYAM threatened to harm herself, stating she has “no reason to Jive;” that “I want to kill myse” that “I don ‘t want to look at baby ijust want to kill myselftoday.” That “I have nothing to — livefor anymore.” That “I’m tired. There is nothing Jean do.” She also repeated these things on the December 18. She began banging her head against the wall in front of . (She has also banged her head against several walls before in the past). She spent Saturday and Sunday in bed, and slept the entire time. She told me she was still not taking her Prozac. “On December 18,2013,1 left for work. MARYAM began blowing up my phone as well as that ofmy business partner. Followin turned home with my business partner to find my mom at the house. MARYAM was holding , screaming at the top of her lungs. I came in and MARYAM started screaming and shouting same things she usually does. My mom tried to calm her to no avail. MARYAM began hitting her head against the wall again. My mom removed our son and went into another room. I began to leave only to be stopped by MARYAM handing me her phone. Her mother was on the other end stating “she is going to kill herself,” who then oscillated saying that her daughter was in “great mental shape.” MARYAM was now tearing her hair from her head. Then BAHMAN PARVIZ-KHYAVI, her father, arrived. Following, MARYAM tells me “Now you can be happy. Ijust took 30 Hydrocodones.” I immediately put MARYAM in the car and rushed her to PLANO PRESBYTERIAN EMERGENCY. “On December 18, 2013, MARYAM was involuntarily committed to PLANO PRESBYTERIAN EMERGENCY. There, MARYAM told the staffthat she took “30 Hydrocodone” because she doesn’t “want want to live anymore.” MARYAM’s father demanded that MARYAM change her stoly and the reasons why she was there. To blame it on me and marital issues, not her mental health. Her father became furious with her when the nurses left, stating “don ‘t tell them” she was “trying to kill” herself. That “these guys are mean” and “not trustworthy.” That “they will make a recordfor her.” That admonition despite her sister, MAHSA PARVIZ, having also attempted suicide, resulting in her hospitalization for having ingested twelve (12) Ambien pills. I told him to stop telling her that. I asked him “Don ‘Iyou think she needs help?” He looked at me angrily and left the room. I could overhear him talking to his wife cursing at me and that I am “making a record” for his daughter. He then came back into the room, stating that I needed to go to therapy with her. SUPPORTING AFFIDAVIT OF ROGER ARASH FARAHMAND Pg.2 “I later returned to the ICU, where MARYAM’s parents were trying to get her released. They continued to blame the situation on me. They denied that MARYAM took any pills. MARYAM’s father said “how do you know she took any pills?” I asked him “did you see her blood report?” — PRESBYTERIAN then transferred MARYAM to the SEAY CENTER, where she was checked in on Thursday, December 19,2013 at night remaining until Monday, December 23, 2013 when I picked her up. Because of the toxicity in MARYAM’s blood work, the hospital intravenously gave her an antidote for 24 hours and charcoal to absorb it. MARYAM slept for those 24 hours. When she woke, she was sweet, pleasant and asked me to get some personal effects for her from home. “During that hospitalization, I found in her belongings at least two containers full ofdifferent pills, including uppers and downers in her contact case and in her Pamprin bottles. Following her release, I asked MARYAM about the pills. She said they were from before and that “Pamprin isfor cramps.” When I showed her the pictures, she then stated they were Aderall and that she lied. See Exhibit 2, afair and accurate depiction ofsome ofthe pills hook apicrure of After her release from the SEAY CENTER and her conversations with her parents, MARYAM changed her story yet again, stating now that the pills were from before we met. Before we got home, MARYAM began repeating the same rage as in the past, yelling and screaming at me. On Friday, December27, 2013, and following her release, MARYAM demanded the return of those pills else she would call the — police on me. “At home, MARYAM demanded that I kick my dad and uncle out of e despite previously agreeing that they could stay (my father had been with us following birth and my uncle came in for the Christmas holiday). On Christmas Day, I asked my father and uncle to leave to try and placate MARYAM and to calm the situation. They heard her berating me. Rather than our relying on my father to help care for , I was forced to keep with me at all times. On December 27, 2013, MARYAM stated e would kill herself with an overdose if we went away and me). “On December 28, 2013, I left the home with to go to the office and told MARYAM I would return in thirty (30) minutes. Before I got to work (eight (8) miles away), I received a phone call from my office stating “your wife is here.” Concerned as I had just left her, I stopped at a nearby police annex to seek guidance on what I should do. While talking with Officer ELLIS, I received a phone call from Richardson Police Department. I let the two officers communicate on my phone. It is my understanding through the police departments that MARYAM contacted Richardson police claiming that I was “homicidal” and that I “rook her son.” MARYAM later told me she called the police is because my “flfe is in danger.” She later stated she contacted the Richardson police “be u ignored me.” “Based on the involvement of the police, and her deteriorating condition, I felt it prudent to have my business partner and f check on MARYAM at the house before I returned. (Since then, I decided to myself and from her). MARYAM however refused to come to or to open the door, so they called the police for a weilness check. Office ELLIS, who I had just met with earlier, came to the house. In the house were broken bottles and stemware as well as vomit. MARYAM sought to blame me, but it is my understanding that Officer ELLIS advised her that he was just with me. SUPPORTING AFFIDAVIT OF ROGER ARASH FARAHMAND Pg. 3 “She has also made recent baseless allegations to my friends that I was out drunk with our son during a baby shower for my friend’s newborn child. In response to the latest accusation, I -- immediately went to the police station to separate fact from fiction. There, I spoke with Office STENSON (Badge No. 8656) and apprised him ofthe escalating situation. He advised me to contact a lawyer to protect myself; that the matter was civil. Additional proof will be offered in Court to negate her latest wave of accusations. MARYAM’s behavior has now risen to a new level, and I am extremely concerned for her and our son’s welfare given it is not beneath her to make false accusations. “In the last twelve (12) hours, I received two (2) “No Caller ID” calls at 3:32am and then received thirty-seven (37) “No Caller ID” calls through the signing of this AFFIDAVIT. was asleep in my care. I could hear a guy on the other end making sex noises, moaning saying something to the effect “I’m jerking offon your face.” No idea who that was, except to say I have had the same phone number for fifteen (15) years and have never received any calls ofthe sort. It is my distinct impression that the caller may be related to MARYAM’s sister, now that she is back in town from Boston, the same sister who has also had asignificant history of emotional problems. This type of behavior is atypical of what her sister has done in the past. “Today, MARYAM has called and texted me numerous times pleading with me to come home. While I am certainly open to working things out, I don’t believe I have recourse other than to seek immediate court intervention for the time being. I feel I am left without recourse as MARYAM’s parents are not assisting in helping her get better, MARYAM is not being compliant with therapy or psychotropic medications previously prescribed, and now with the recent baseless accusations I am having to live a life on eggshells having to constantly document everything about — everything. “ is in my possession at this time. “Consequently, I am requesting immediate possession ofand access to our child, without any unsupervised possession by MARYAM, until a hearing can be held in an effort to remove our child from any further emotional and possible physical damage. Additional testimony, evidence, and witnesses will be offered at hearing, to further show that MARYAM’s demeanor and temperament is having a detrimental impact on our child. I have reviewed the Temporary EmergencyfEx Parte Order and believe the requests are in the best interest of our child and the least restrictive in terms of requests at this time. I am asking the Court to grant the relief requested against MARYAM to protect our son.” ROGER ARAS ARAHMAND SUPPORTING AFFIDAVIT OF ROGER ARASH FARAHMAND Pg. 4 SWORN TO AND SUBSCRIBED BEFORE ME by ROGER ARASH FARAHMAND this th 30 the day of December 2013. Notary u Ii tate of Texas My C mmission Ex ires: & 4omy Public ‘, : STATE OFTEXAS c. bp. NobU 18.2017 SUPPORTING AFFIDAVIT OF ROGER ARASH FARANMAND Pg. 5 NO. 401.56531-2013 IN THE MATI’ER OF § 1NTHE401 ThE MARRIAGE OF § § ROGER ARASH FARAHMAND § AND § JUDICIAL DISTRICT COURT MARYAM FARAHMAND § § AND THE INTEREST § COLLIN COUNTY, TEXAS A MINOR HILD § ROGER ARASH FARAFIMAND’S SUMMARY OF REQUESTS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, ROGER ARASH FARAHMAND, Petitioner, who requests that the Court grant the following relief on a temporary basis: GRANTED DENIED Conservalorship. Appointing ROGER ARASH FARAHMAND temporaly sole managing conservator and MARYAM FARAHMAND temporary possessory conservator; In the alternative, appointing ROGER FARAHMAND and MARYAM FARAHMAND temporary joint managing conservators, and appointing ROGER FARAHMAND the temporary conservator who has the exclusive right to designate the primary residence of the child. Possession or Access. ROGER FARAHMAND requests on a temporary basis that MARYAM FARAHMAND be awarded possession of and access to the child as previously ordered (3 days per week, up to two hours at a time). ROGER FARAHMAND should be awarded possession of the child at all other times not otherwise awarded to MARYAM FARAHMAND; or Supervision. That MARYAM FARAHMAND’S periods of visitation be monitored and continuously supervised by HANNAH’S HOUSE until further order of the Court. lnvenlorp and Appralsenie,,I. Both parties are ordered to prepare and exchange sworn inventory and appraisements in conformity with the Texas Family Law Practice Manual within 30 days. Appointment of Arnicus Auor,,e’t’. Ordering an Amicus Attorney to investigate facts and circumstances in this case in order to make additional recommendations before implementing further ROGER FARAHMAND’S SUMMARY OF REOUESTS Pg. I possession of and access to the child. Alternatively for Social Study. Ordering an independent psychologist to perform a social study to the circumstances and condition of and of the home of any person ging conservatorship or possession of . Costs ordered evenly divided. PsycisialricJPsyciiological Evaluation. Ordering MARYAM FARAHMAND to undergo a forensic psychiatric and psychological evaluation and Ordering MARYAM FARAHMAND to comply with all recommendations andlor treatment plans from any medical professionals and/or Court appointed experts. MARYAM FARAHMAND is responsible for 100% of those costs. Drug and Alcohol Evaluation. Ordering MARYAM FARAHMAND to submit to a drug and alcohol evaluation and MARYAM FARAHMAND to submit to drug and alcohol counseling as recommended by a licensed psychiatrist, psychologist and/or social worker. MARYAM FARAHMAND is responsible for 100% of those costs. Randon, hAs. Ordering MARYAM FARAHMAND and ROGER FARAHMAND to submit to random UAs and ETG tests during the pendency of this case. Each side pays his/her own. Hair/Nail test foliowin2 3 ,uontl,s. Ordering MARYAM FARAHMAND and ROGER FARAHMAND to submit to a hair follicle test or fingernail test on March 10, 2014. Each side pays his/her own. Dise,,gaemenl Counsellnf. Ordering MA RYAM FARAHMAND to undergo disengagement counseling. GeoRrapilic Restriction. The residence of the child should be restricted to Collin County, Texas. Residence. Awarding ROGER FARAHMAND use and possession of the residence located at , its furniture, and furnishings during the pendency of suit and enjoining MARYAM FARAI-IMAND from entering and remaining on the premises of the residence, except as authorized by order of this Court and Awarding ROGER FARAHMAND the exclusive use and control of the BMW 7 series motor vehicle and enjoining MARYAM FARAHMAND from entering, operating and/or exercising control over it; and HIPAA RELEASE. Ordering MARYAM FARAHMAND to submit to the taking of his deposition on a date certain. ROGER FARAHMAND’S SUMMARY OF REQUESTS Pg. 2 ROGER FARAHMAND requests the Court to dispense with the issuance of a bond, and ROGER FARAHMAND requests after notice and hearing that MARYAM FARAHMAND be temporarily enjoined, pending the further order of this Court, from: Using any corporeal discipline on ; Using alcohol within seventy-two (72) hours of any possession of or access to ihe child; Using narcotics or prescriptions without medical authorization; and Enjoining MARYAM FARAHMAND from communicating with any witnesses in this case for purpose of seeking to change, alter or amend their testimony. ROGER FARAHMAND prays that the Court grant the relief requested herein. NACE & MOTLEY, L.L.P. The Crescent Court 100 Crescent Court, 7 Floor DaLlas, Texas 75201 214-459-8289 214-242-4333 facsimile By: Bradford Nace State Bar No. 24007726 Attorney for ROGER FARAHMAND I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on the 10 th day of March 2014. Bradford Nace Attorney for ROGER FARAHMAND ROGE1UMAHMAND’S SUMMARY OF REOUESTS Pg. 3 105 Hearing March 10, 2014 1 STATE OF TEXAS 2 COUNTY OF COLLIN 3 I, Kimberly Tinsley, Official Court Reporter in and 4 for the 401st District Court of Collin County, State of 5 Texas, do hereby certify that the above and foregoing 6 contains a true and correct transcription of all portions 7 of evidence and other proceedings requested in writing by 8 counsel for the parties to be included in this volume of 9 the Reporter’s Record in the above-styled and numbered 10 cause, all of which occurred in open court or in chambers 11 and were reported by me. 12 I further certify that this Reporter’s Record of the 13 proceedings truly and correctly reflects the exhibits, if 14 any, offered by the respective parties. 15 I further certify that the total cost for the 16 preparation of this Reporter’s Record is $624.50 and was 17 paid by Counsel for Petitioner, Roger Farahmand. 18 WITNESS MY OFFICIAL HAND on this, the 3rd day of 19 April, 2014. Digitally signed byKimberlyTinsley 20 / Date:2014.04.0322:42:50-05’OO’ Kimberly Tinsley, CSR 21 Texas CSR #3611 Official Court Reporter 22 401st District Court Collin County, Texas 23 2100 Bloomdale Rd, Suite 30030 McKinney, Texas 75071 24 Telephone: (972) 548-4247 E-mail: ktinsley@co.collin.tx.us 25 Expiration: 12/31/15 Kimberly Tinsley, CSR #3611 (972) 548-4247 ROGER FARAHMAND’S RECORD TAB 7 Filed: 3/28/2014 2:21:01 PM Andrea S. Thompson District Clerk Collin County, Texas By Robin Whitehead Deputy A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § MARYAM FARAHMAND § 401ST JUDICIAL DISTRICT § AND IN THE INTEREST OF § § § A MINOR CHILD § COLLIN COUNTY, TEXAS ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Discovery in this case is intended to be conducted under level 2 of rule 190 Petitioner objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial. This suit is brought by Roger Arash Farahmand, Petitioner. Roger Arash Farahmand is domiciled in Texas. ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page 1 5. Service Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil Procedure, by serving Respondent's attorney of record, Richard J. Corbitt, Law Office of Richard J. Corbitt, P.C., 6440 N. Central Expressway, Suite 402, Dallas, Texas 75206. No protective order under Title 4 ofthe Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this I. ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP Petitioner and Respondent entered into a purported marriage on July 28, 2012. The purported marriage is void and of no effect under the provisions of section 6.202 of the Texas Family Code because Respondent was already legally married. The prior marriage of Respondent was to Amir Bagherkalantari and occurred on or about December 12, 2009. Respondent's marriage to Amir Bagherkalantari was never dissolved by divorce or annulment or terminated by the death of Amir Bagherkalantari. ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page 2 8. Child Petitioner and Respondent are parents of the following child of this purported marriage who is not under the continuing jurisdiction of any other court: There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the child the subject of this suit. Information required by section 154.181(b) of the Texas Family Code is provided as follows: Blue Cross, Blue Shield is in effect for the child. No property of consequence is owned or possessed by the child the subject The appointment of Petitioner and Respondent as joint managmg conservators would not be in the best interest of the child. Roger Arash Farahmand, on final hearing, should be appointed sole managing conservator, with all the rights and duties of a parent sole managing conservator. Maryam Farahmand should be appointed possessory conservator with possession and access as determined appropriate following a psychological evaluation and drug and alcohol evaluation, monitoring and supervision with all the rights and duties of a parent conservator. Roger Arash Farahmand should be designated as the ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page 3 conservator who has the exclusive right to designate the child's primary residence, along with all other rights and duties of a sole managing conservator. In the alternative, Roger Arash Farahmand requests that he and Maryam Farahmand be designated joint managing conservators and that he have the exclusive right to designate the primary residence of the child with the exclusive right to make decisions concerning the child's education, the exclusive right to consent to medical, dental, and surgical treatment involving invasive procedures, and the exclusive right to consent to psychiatric and psychological treatment of the child. Roger Arash Farahmand requests that Maryam Farahmand be awarded possession and access as the Court deems to be in the best interest of the child, and considering the safety and welfare ofthe child. Roger Arash Farahmand should be awarded possession of the child at all other times not otherwise awarded to Maryam Farahmand. In all alternatives, Roger Arash Farahmand requests that payments for the support of the child and medical support should be ordered in an amount supported by the guidelines set forth in the Texas Family Code and paid in the manner specified by the Court. Roger Arash Farahmand requests that the payments for the support of the child survive the death of Maryam Farahmand and become the obligation of Maryam Farahmand's estate. Roger Arash Farahmand also requests that Maryam Farahmand seek and follow all recommendations by a qualified ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page4 psychiatrist and psychologist as well as to submit to random drug testing, upon request by either Roger Arash Farahmand and/or qualified testing facility. Respondent's name before the purported marnage was Maryam Parviz- Khyavi, and this former name should be confirmed by the Court as her lawful name. Petitioner requests that the Court find the marnage relationship is meretricious and property acquired or accumulated during the void marriage by the parties should not be treated as community property and not be subject to a just and right division. 11. Request for Attorney's Fees, Expenses, Costs, and Interest It was necessary for Petitioner to secure the services of Bradford Nace of Nace & Motley, LLC and Ike Vanden Eykel, Rebecca Tillery and the firm of KoonsFuller, P.C., licensed attorneys, to preserve and protect the child's rights. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs through trial and appeal, and a judgment should be rendered in favor of these attorneys and against Respondent and be ordered paid directly to Petitioner's attorneys, who may enforce the judgment in the attorney's own name. Petitioner requests postjudgment interest as allowed by law. ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page 5 II. IN THE ALTERNATIVE, FIRST AMENDED PETITION FOR DIVORCE In the alternative and without waiving any relief requested in the foregoing suit to declare maniage void, Petitioner brings this suit for divorce and files his First Amended Petition for Divorce. Petitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period. No protective order under title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this The parties were manied on or about July 28, 2012 and ceased to live together as husband and wife on or about December 30, 2013. The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the maniage relationship and prevents any reasonable expectation of reconciliation. ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page 6 16. Property Petitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law. Petitioner owns certain separate property that is not part of the community estate of the parties, and Petitioner requests the Court to confirm that separate property as Petitioner's separate property and estate. 18. Collin County Standing Order Regarding Children, Property and the Conduct of the Parties The Collin County Standing Order Regarding Children, Property and the Conduct of the Parties is attached hereto in compliance with the standing order of the Collin County District Courts and is incorporated herein by reference. It was necessary for Petitioner to secure the services of Bradford Nace of Nace & Motley, LLC and Ike Vanden Eykel, Rebecca Tillery and the firm of KoonsFuller, P.C., licensed attorneys, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the child, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Respondent and in favor of Petitioner for the use and benefit of ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page 7 Petitioner's attorneys and be ordered paid directly to Petitioner's attorneys, who may enforce the judgment in the attorney's own name. Petitioner requests postjudgment interest as allowed by law. Petitioner prays that the Court enter its order declaring void the marriage of Petitioner and Respondent. In the alternative, Petitioner prays that the Court grant a divorce and all other relief requested in this petition. Petitioner prays for attorney's fees, expenses, and costs as requested above. Petitioner prays for general relief. 'tted, E-mail: ike@koonsfuller.com REBECCA TILLERY State Bar No. 24060729 E-mail: tillery@lmonsfuller.com KOONSFULLER A Professional Corporation 1717 McKinney Avenue, Suite 1500 Dallas, Texas 75202 (214) 871-2727 (214) 871-0196 Fax -and- ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page 8 Bradford Nace State Bar No. 24007726 E-mail: bnace@nacemotley.com Nace & Motley, LLC 100 Crescent Court, 7th Floor Dallas, Texas 75201 (214) 459-8289 (214) 242-4333 Fax Attorneys for Roger Arash Farahmand I certify that on March---4Ji, 2014, a true copy of the above was e-served on attorneys of record by transmitting a copy to the EFSP during e-filing for transmission to the designated email address or by other means set forth in accordance with Rule 21a of the Texas Rules of Civil Procedure: Richard J. Corbitt Richard J. Corbitt & Associates, P.C. 6440 N. Central Expressway, Suite 402 Dallas, Texas 75206 ( ( \~\~~~z:-=-----')--- Attomey for Petitioner ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page 9 ROGER FARAHMAND’S RECORD TAB 8 Filed: 4/23/2014 4:10:32 PM Andrea S. Thompson District Clerk Collin County, Texas By Amy Mathis Deputy KOONS FULLER Family Law 1717 McKinney Avenue Suite 1500 Reputation. Dallas, Texas 75202 Resources. (214) 871-2727 Office Results. (214) 871-0196 Facsimile March 31, 2014 Via Facsimile: (214)754-0515 Mr. Richard Corbitt Attorney at Law 6440 North Central Expressway, Suite 402 Dallas, Texas 75205 Re: Cause No. 401-56531-2013; In the Matter of the Marriage of Roger Arash Farahrnand and Maryarn Farahrnand and in the Interest ofFarahrnand Child Dear Mr. Corbitt: Please be advised that Petitioner's request to declare marriage void (i.e. not including any custody matters), with respect to the above-referenced cause, has been set for final hearing on July 29, 2014 at 9:00a.m. in the 401 ST Judicial District Court of Collin County, Texas. If you should have any questions, please do not hesitate to contact my office. RAT/em cc: 401ST Judicial District Court (viae-file) Mr. Roger Farahrnand Mr. Brad Nace P. Communi cat ion Result Report ( Mar. 31. 2014 I: 21 PM I * * * 1) Ko * * * o n s Fcl I ec -Dallas 2) Date/Time: Mar. 31. 2014 I : 20 PM Fi I e Page No. Mode Destination Pg Is I Result Not Sent 2250 Menory TX 2147540515 P. 2 OK Reason fa e r ro r E. 1) Hang up or 1 ine fai E. ?) Busy E. 3) No answer E. 4) No facsimile connect ion E. 5) Exceeded max. E-mai s i z e E. 6) Destination does not support IP-Fax KOONS FULLER FamflyLm1• 1717M F.AX TRANSMISSION :FORM bAlE: Marclr.3l,2014 TO: Riclurrd C.:..rl>itt Atl.urneyr.tLil:W FAX NO. (214) 754--()515 RE: CaUllel{o. 401-56531-20l3;IMMO Fmabmand FROM:: IKE VANDENEYICEIJR.EI3ECCA TilLERY/Kathy Geo:ffrilln (Patalega!) TOTAL PAGES lRANSMITIED: -~''---- (including cov'""page). SPECIAL MESSAGE: )F'IRANSMISSIONPROBI.BMS.AREEN'CCIUNT£REO OR UllSFAXISNOTJffiCllrVED COMPLET'£CAU. (;lJ4) 871-2121 AS SOON AS POSSIIILB. 1. SUD!llCT'I1;)Tliil A-'i'TORNEYJCUJ;NfPRI\'IUGE; :2.. ATTORNEY WORicPRODUCT; OR. 3. CONFIDENTIAL It i:o int IN THE MATTER OF THE § IN THE DISTRICT COURT MARRIAGE OF § § ROGERARASHFARABMAND § AND § MARYAM FARABMAND § 4018T JUDICIAL DISTRICT § AND IN THE INTEREST OF § § A MINOR CHILD § COLLIN COUNTY, TEXAS AGREED SCHEDULING ORDER The Court finds that the trial on Petitioner's Petition to Declare Marriage Void. is currently scheduled for July 29, 2014. IT IS THEREFORE ORDERED that the deadlines for the discovery and pre-trial matters in this cause of action shall be as follows: 1. The deadline for designating testifying expert witnesses shall be June 9, 2014; 2. The deadline to serve any discovery requests shall be May 28, 2014; 3. The deadline for the close of the discovery period shall be Jwie 27, 2014; and 4. The deadline for amending pleadings shall be July 15,.,_,,.......,._ Signed on this the X day of__,_-"-"":::.;<---1-' Attorney for Roger Arash Faralunand {1kJc)Lu;L Robert S. Widner ....... Attorney.for.Maryam Earahmand. Agreed Scheduling Order Solo Page Cause No. 401-56531·2013 ROGER FARAHMAND’S RECORD TAB 10 Filed: 5/22/2014 2:16:15 PM Andrea S. Thompson District Clerk Collin County, Texas By Mindi Johns Deputy Envelope ID: 1339906 NO. 401-56531-2013 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGER ARASH FARAHMAND § AND § 401ST JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § § COLLIN COUNTY, TEXAS A CHILD § MARYAM FARAHMAND’S ANSWER TO ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE MARYAM FARAHMAND, Counter-Petitioner, files this Answer to Roger Arash Farahmand’s Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce. MARYAM FARAHMAND enters a general denial of the claims made in Roger Arash Farahmand’s Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce and all amendments thereto. MARYAM FARAHMAND and ROGER FARAHMAND entered into a legitimate marriage on or about July 28, 2012. MARYAM FARAHMAND was not previously married at the time she entered into the 1|P a g e marriage relationship with ROGER FARAHMAND. Prior to her relationship with ROGER FARAHMAND, MARYAM FARAHMAND and Amir Bagherkalantari had a dating relationship in 2009. Contrary to ROGER FARAHMAND’s claim: Farahmand and Amir Bagherkalantari in December of 2009, Maryam Farahmand and Amir Bagherkalantari did not get married to each other (formally or informally) within 31 days after the issuance of the license on December 12, 2009. Thus, the marriage license expired pursuant to Section 2.201 of the Texas Family Code (issued prior to September 1, 2013). Further, no license was filed with the Collin County Clerk at any time after December 12, 2009. Maryam Farahmand and Amir Bagherkalantari. In fact, Maryam Farahmand and Amir Bagherkalantari did not cohabitate for more than two weeks, had a fight on the nightof the engagement party, dated sporadically, and ended their dating relationship/engagement completely in August of 2010. actually occurred on December 12, 2009, the person reflected on the 2|P a g e “marriage license” as the person performing the ceremony was identified as P.H.D. (sic) in economics. Pursuant to Section 2.02 of the Texas Family Code, such a person is not authorized to conduct a marriage ceremony in Texas. Any such marriage would be invalid and the person performing the ceremony could be charged with a misdemeanor offense. an informal marriage between Maryam Farahmand and Amir Bagherkalantari, it has been more than two years since Maryam Farahmand and Amir Bagherkalantari ended their dating relationhip/engagement and no proceedings were initiated within that two-year time period to prove an “informal marriage”. Therefore, it is a rebuttable presumption that Maryam Farahmand and Amir Bagherkalantari did not enter into an agreement to be married pursuant to Section 2.401 of the Texas Family Code. Additionally, neither Maryam Farahmand nor Amir Bagherkalantari are and/or have claimed an informal marriage between them. Therefore, Roger Farahmand would not be a proper party to make an informal marriage claim. intend to have a present, immediate, and permanent marital relationship prior to or at any time after December of 2009, nor did they agree to be 3|P a g e husband and wife. Small v. McMaster, 352 S.W.3d 280, 283 (Tex.App.- Houston [14th Dist.] 2011, pet. Denied). An agreement to be married at some time in the future is insufficient to show that a marriage was “present and immediate”. See Aguilar v. State, 715 S.W.2d 645, 648(Tex.Crim.App.1986); Texas Employers’ Ins. v. Borum, 834 S.W.2d 395, 399 n.3 (Tex.App.-San Antonio 1992, writ denied). live together as husband and wife prior to or at any time after December of 2009. represent to others in Texas that they were married prior to or at any time after December of 2009. marriage claim for the purposes of a tactical advantage, to confuse the issues, to deny Maryam Farahmand her community property interests, to deny Maryam Farahmand her community and separate property claims, to illegitimate the child born of the marriage, to harass, embarrass, and annoy Maryam Farahmand, and to increase the costs of litigation. 4|P a g e It was necessary for MARYAM FARAHMAND to secure the services of Robert S. Widner of the Widner Family Law Group, a licensed attorney, to prepare and defend this suit. To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the child, judgment for attorney’s fees, expenses, and costs through trial and appeal should be granted against Counter-Respondent an din favor of Counter- Petitioner for the use and benefit of Counter-Petitioner’s attorney and be ordered paid directly to the Counter-Petitioner’s attorney, who may enforce the judgment in the attorney’s own name. Counter-Petitioner requests post- judgment interest as allowed by law. MARYAM FARAHMAND prays that Petitioner take nothing by his suit, that the Court deny Petitioner’s request to declare the parties’ marriage void, that the Court affirm MARYAM FARAHMAND’s defenses, and that MARYAM FARAHMAND be granted all relief requested in this Answer. MARYAM FARAHMAND prays for attorney’s fees, expenses, costs, and interest as requested above. MARYAM FARAHMAND prays for general relief. 5|P a g e Respectfully submitted, Widner Family Law Group 2911 Turtle Creek Blvd., Suite 405 Dallas, Texas 75219 Tel: (972) 979-5700 Fax: (972) 692-8951 Robert S. Widner By: ________________________________ Robert S. Widner Attorney for Counter-Petitioner State Bar No. 00792092 Email: robertwidner@gmail.com attorney of record or party in accordance with the Texas Rules of Civil Procedure on May 22, 2014. Robert S. Widner ____________________________________ Robert S. Widner Attorney for Maryam Farahmand 6|P a g e ROGER FARAHMAND’S RECORD TAB 11 Filed: 6/30/2014 12:38:48 PM Andrea S. Thompson District Clerk Collin County, Texas By Kim Sherrin Deputy Envelope ID: 1680988 CAUSE NO. 401-56531-2013 IN THE MATTER OF THE § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § .AND § 401 st JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § , § A MINOR CHILD. § COLLIN COUNTY, TEXAS RESPONDENT'S FIRST SUPPLEMENTAL AND AMENDED COUNTER-PETITION FOR DIVORCE COMES NOW, Maryam Farahmand, the Respondent and Counter-Petitioner in the above-styled and numbered cause, and files this First Supplemental and Amended Counter-Petition for Divorce. In support of thereof, Maryam Farahmand would respectfully show the Court as follows: Discovery in this case is intended to be conducted under Level 2 of Rule 190 Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 1 2. PARTIES This suit is brought by MARYAM FARAHMAND, Counter-Petitioner. The last three numbers of MARYAM F ARAHMAND's driver's license number are 351 and the last three number of MARYAM FARAHMAND's Social Security number ROGER ARASH F ARAHMAND is Counter-Respondent. ROGER ARASH FARAHMAND may be served by and through his attorneys of record identified in Section/Paragraph Number 4 below as well as the Certificate of Service below. Counter-Petitioner has been a domiciliary of Texas for the preceding six- month period and a resident of this county for the preceding ninety-day period. Service of this document may be had in accordance with Rule 2la, Texas Rules of Civil Procedure, by serving Counter-Respondent's attorneys of record: Mr. Ike Vanden Eykel Mr. Bradford Nace Ms. Rebecca Tillery Nace & Motley, LLC Koons Fuller, P.C. 100 Crescent Court, th Floor 1717 McKinney Avenue, Suite 1500 Dallas, Texas, 75201 Dallas, Texas, 75202 Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page2 5. PROTECTIVE ORDER STATEMENT No protective order under Title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this The parties were married on or about July 28, 2012, and have ceased to live The marriage has become insupportable because of discord or conflict of personalities between Counter-Petitioner and Counter-Rrespondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable Counter-Respondent Roger Farahmand is guilty of cruel treatment toward Counter-Petitioner Maryam Farahmand of a nature that renders further living Counter-Petitioner and Counter-Respondent are parents of the following child of this marriage who is not under the continuing jurisdiction of any other Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page3 Court: There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the child the subject of this suit. The father is Counter-Respondent, ROGER ARASH FARAHMAND. Counter-Petitioner and Counter-Respondent became married via a formal marriage on or about July 27, 2012. If, for any reason, the marriage by and between Counter-Petitioner and Counter-Respondent is declared void, Counter-Respondent voluntarily identified himself as the father on the birth certificate, has asserted his paternity of the child to multiple third parties, and has judicially admitted himself as the father of the child. No property of consequence is owned or possessed by the child the subject Information required by Section 154.181(b) of the Texas Family Code will Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 4 11. ADJUDICATION OF P ARENTAGE/SAPCR Counter-Petitioner believes that she and Counter-Respondent will enter into a written agreement containing provisions for conservatorship of, possession of, access to, and support of the child. If such an agreement is not made, Counter-Petitioner requests the Court to make orders for conservatorship of, possession of, access to, and support of the child, as requested herein. Counter-Petitioner should be designated as the conservator who has the exclusive right to designate the primary residence of the child. Counter- Respondent should be ordered to make payments for the support of the child and to provide medical child support in the manner specified by the Court. Counter- Petitioner request that the payments for the support of the child survive the death of Counter-Respondent and become the obligations of Counter-Respondent's Counter-Petitioner and Counter-Respondent, on final hearing, should be Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 5 appointed joint managing conservators, with all the rights and duties of a parent Counter-Petitioner should be designated as the conservator who has the exclusive right to designate the primary residence of the child. The residence of the child should be restricted to Collin County and counties contiguous to Collin County, Texas. Counter-Petitioner should be the sole party to be allowed to retain the child's passport and Counter-Respondent should not be allowed to remove the child from the State of Texas. Counter-Respondent should be ordered to make payments for the support of the child and to provide medical child support in the manner specified by the Court. Counter-Petitioner requests that the payments for the support of the child survive the death of Counter-Respondent and become the obligations of Counter-Respondent's estate. Counter-Respondent may violate the Court's orders relating to Counter-Petitioner's possessory interest in the child. Counter-Petitioner requests the Court to order Counter-Respondent to execute a bond or deposit in a reasonable amount, conditioned on Counter-Respondent's compliance with the Court's orders concerning possession and access to the child. Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page6 F. INTERNATIONAL ABDUCTION Counter-Petitioner requests the Court to determine whether there is a risk of international abduction of the child by Counter-Respondent and to take such measures as are necessary to protect the child. Counter-Petitioner requests the Court to order Respondent to obtain and maintain a life insurance policy payable to Counter-Petitioner for the benefit of the child to be applied toward Respondent's support obligation under the child support order in the event of Respondent's death. Counter-Respondent has a history or pattern of committing family violence during the two-year period preceding the date of filing of this suit. Counter-Petitioner requests the Court to deny Counter-Respondent access to the child. Alternatively, if the Court finds that awarding Counter-Respondent access to the child would not endanger the child's physical health or emotional welfare and would be in the best interest of the child, Counter-Petitioner requests that the Court render a possession order that is designed to protect the safety and well- Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page7 being of the child and any other person who has been a victim of family violence committed by Counter-Respondent, including, but not limited to, ordering that the periods of access be continuously supervised by an entity or person chosen by the Court, ordering that the exchange of possession of the child occur in a protective setting, ordering Counter-Respondent to refrain from the consumption of alcohol or a controlled substance within the twelve (12) hours before or during the period of access to the child, and ordering Counter-Respondent to attend and complete an anger management and co-parenting program or, if such a program is not available, to complete a course of treatment with a mental health professional. Counter-Petitioner believes that Counter-Petitioner and Counter- Respondent will enter into a written agreement for the division of their estate. If such an agreement is made, Counter-Petitioner requests the Court to approve the agreement and divide their estate in a manner consistent with the agreement. If such an agreement is not made, Counter-Petitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law. Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page8 B. EQUITIES FAVORING COUNTER-PETITIONER Counter-Petitioner should be awarded a disproportionate share of the parties' estate for the following reasons including, but not limited to: (1) fault in the breakup of the marriage; (2) benefits the innocent spouse may have derived from the continuation of the marriage; (3) disparity of earning power of the spouses and their ability to support themselves; (4) cruel treatment by Counter-Respondent toward Counter- Petitioner; (5) community indebtedness and liabilities; (6) tax consequences of the division of property; (7) earning power, business opportunities, capacities, and abilities of the spouses; (8) nature of the property involved in the division; (9) attorney's fees to be paid; (10) the size and nature of the separate estates of the spouses' estates; Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 9 (11) conversion of community property by Counter-Respondent; (12) economic distress committed by Counter-Respondent; (13) forgery committed by Counter-Respondent or his agents, affiliates, or other; (14) fraudulent transfer of community property; ( 15) actual fraud; ( 16) breach of fiduciary duty; ( 17) business fraud; (18) groundless pleading under Texas Rules of Civil Procedure Rule 13;and (19) Frivolous pleading under Texas Civil Practice and Remedies Code §10.001. COMMUNITY ESTATE community estate for funds or assets expended by the community estate for the benefit of Counter-Respondent's separate estate. The community estate has not Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 10 been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to the community estate will result in an unjust enrichment of Counter-Respondent's separate estate community estate for the value of community time, toil, talent and effort expended by Counter-Petitioner to benefit or enhance Counter-Respondent's separate estate. The community estate was not adequately compensated for Counter-Petitioner's use of community time, talent, toil and effort beyond what was reasonably necessary to maintain, manage, and preserve Counter-Respondent's separate estate. The failure of the Court to allow and award such reimbursement to the community estate will result in the unjust enrichment of Counter-Respondent's separate estate at the expense of the community estate. community estate for funds or assets expended by the community estate for payment of unsecured liabilities of Counter-Respondent's separate estate. Those expenditures resulted in a direct benefit to Counter-Respondent's separate estate. The community estate has not been adequately compensated for or benefitted from Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 11 the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to the community estate will result in an unjust enrichment of Counter-Respondent's separate estate at the expense of the community estate. capital improvements on property claimed by Counter-Respondent as separate property, giving rise to a claim for reimbursement in favor of the community estate and against Counter-Respondent's separate estate. Those expenditures resulted in a direct benefit to Counter-Respondent's separate estate. The community estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to the community estate will result in an unjust enrichment of Counter-Respondent's during the marriage for the acquisition of, or capital improvements to, property and secured by a lien on community property. Counter-Petitioner's separate estate has expended funds or assets for the payment of that debt. Those expenditures have resulted in the reduction of the principal of that debt, giving rise to a claim for reimbursement in favor of Counter-Petitioner's separate estate and against the Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 12 community estate. Those expenditures resulted in a direct benefit to the community estate. Counter-Petitioner's separate estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Counter-Petitioner's separate estate will result in an unjust enrichment of the community estate at the expense of during the marriage for the acquisition of, or capital improvements to, property and secured by a lien on property claimed by Counter-Respondent as separate property. The community estate has expended fund or assets for payment of that debt. Those expenditures have resulted in the reduction of the principal of those debts, giving rise to a claim for reimbursement in favor of the community estate and against Counter-Respondent's separate estate. Those expenditures resulted in a direct benefit to Counter-Respondent's separate estate. The community estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to the community estate will result in an unjust enrichment of Counter-Respondent's Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 13 B. COMMUNITY ESTATE TO REIMBURSE COUNTER-PETITIONER'S Petitioner's separate estate for funds or assets expended by Counter-Petitioner's separate estate for the benefit of the community. Those expenditures resulted in a direct benefit to the community estate. Counter-Petitioner's separate estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Counter-Petitioner's separate estate will result in an unjust enrichment of the community estate at the Petitioner' s separate estate for funds or assets expended by Counter-Petitioner's separate estate for payment of unsecured liabilities of the community estate. Those expenditures resulted in a direct benefit to the community estate. Counter- Petitioner' s separate estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Counter-Petitioner's separate estate will result in an unjust Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 14 enrichment of the community estate at the expense of Counter-Petitioner's separate COUNTER-PETITIONER'S SEPARATE ESTATE Petitioner' s separate estate for funds or assets expended by Counter- Petitioner' s separate estate for the benefit of Counter-Respondent's separate estate. Those expenditures resulted in a direct benefit to Counter-Respondent's separate estate. Counter-Petitioner's separate estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Counter-Petitioner's separate estate will result in an unjust enrichment of Counter-Respondent's separate estate at the Petitioner's separate estate for funds or assets expended by Counter-Petitioner's separate estate for payment of unsecured liabilities of Counter-Respondent's separate estate. Those expenditures resulted in a direct benefit to Counter- Respondent' s separate estate. Counter-Petitioner's separate estate has not been Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 15 adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Counter-Petitioner's separate estate will result in an unjust enrichment of Counter-Respondent's separate estate at the expense of Counter-Petitioner's separate estate. 3. Counter-Petitioner's separate estate has expended funds or assets to make capital improvements on property claimed by Counter-Respondent as separate property, giving rise to a claim for reimbursement in favor of Counter- Petitioner's separate estate and against Counter-Respondent's separate estate. Those expenditures resulted in a direct benefit to Counter-Respondent's separate estate. Counter-Petitioner's separate estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Counter-Petitioner's separate estate will result in an unjust enrichment of Counter-Respondent's separate estate at the expense of during the marriage for the acquisition of, or capital improvements to, property and secured by a lien on property claimed by Counter-Respondent as separate property, Counter-Petitioner's separate estate has expended funds or assets for payment of Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 16 that debt. Those expenditures have resulted in the reduction of the principal of that debt, giving rise to a claim for reimbursement in favor of Counter-Petitioner's separate estate and against Counter-Respondent's separate estate. Counter- Petitioner' s separate estate has not been adequately compensated for or benefitted from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Counter-Petitioner's separate estate will result in an unjust enrichment of Counter-Respondent's separate estate at the expense of Counter- Petitioner' s separate estate. Counter-Petitioner may own certain separate property that is not part of the community estate of the parties, and Counter-Petitioner requests the Court to confirm that separate property as Counter-Petitioner's separate property and estate. ORDERS, AND TEMPORARY INJUNCTION Counter-Petitioner requests the Court, after notice and hearing, to dispense with the issuance of a bond, to make the Collin County Standing Order into a temporary injunction and to issue any other temporary orders and appropriate temporary injunctions for the preservation of the property and protection of the Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 17 parties and for the safety and welfare of the child of the marriage as deemed necessary and equitable. Additionally, Counter-Petitioner requests that the Court enJom Counter- Respondent from the following: 1. Filing any suits or threatening to file any suits against witnesses or family members of Counter-Petitioner. Counter-Petitioner requests that Counter-Respondent be authorized only as follows: a. To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation, and medical care; b. To make expenditures and incur indebtedness for reasonable attorney's fees and expenses I connection with this suit; c. To make withdrawals from accounts in financial institutions only for the purposes authorized by the Court's order; and d. To engage in acts reasonable and necessary to conduct Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 18 Respondent's usual business and occupation. PROPERTY Counter-Petitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders and issue any appropriate temporary injunctions respecting the temporary use of the parties' property as deemed necessary and equitable, including but not limited Awarding Counter-Petitioner exclusive use and control of the 2013 BMW X3 and enjoining Counter-Respondent from entering, operating, or exercising Awarding Counter-Petitioner the exclusive use of her personal belongings, clothing, and personal items to be retrieved by Counter-Petitioner by a date certain. Counter-Petitioner requests the Court, after notice and hearing, to dispense with the necessity of a bond and to make temporary orders and issue any appropriate temporary injunctions for the safety and welfare of the child of the marriage as deemed necessary and equitable, including but not limited to the Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 19 following: ( 1) Ordering a pretrial conference to simplify the issues in this case and determine the stipulations of the parties and for any other matters the Court deems appropriate. (2) Ordering the parties to participate m an alternative dispute resolution process before trial of this matter. (3) Ordering preparation of a social study into the circumstances and condition of the child and of the home of any person requesting conservatorship of, possession of, or access to the child. (4) Ordering the psychological evaluation of Counter-Respondent. ( 5) Ordering the parties to attend a parent education and family stabilization course. (6) Ordering Counter-Respondent to produce copies of income tax returns for tax years 2010, 2011, 2012, 2013, and 2014 a financial statement, and current pay stubs by a date certain. (8) Ordering Counter-Respondent to execute all necessary releases required by Counter-Petitioner to obtain any discovery allowed Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 20 by the Texas Rules of Civil Procedure. (9) Ordering Counter-Respondent to execute all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. Section 164.508 to permit Petitioner to obtain health-care information regarding the children. (10) Ordering Counter-Respondent to provide a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owned by the parties substantially in the form and detail prescribed by the Texas Family Law Practice Manual 3rd ed.), form 7-1. ( 11) Appointing Counter-Petitioner and Counter-Respondent temporary joint managing conservators, and designating Counter-Petitioner as the conservator who has the exclusive right to designate the primary residence of the child. (12) Restricting the residence of the child to Collin County and counties contiguous to Collin County, Texas. (13) Ordering appropriate possession and access of the child Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 21 considering, inter alia, the age of the child, the ability of the parents to provide care for the child, and the living arrangements of each parent. ( 14) Ordering that Counter-Respondent utilize a deep lung device on any vehicle in which he transports the child. (15) All passports, American and Iranian, for this child will be surrendered into the registry of the Court. ( 16) Prohibiting the child to be removed from the State of Texas. Counter-Petitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders and issue any appropriate temporary injunctions regarding attorney's fees and support as deemed necessary and equitable including, but not limited to, the ( 1) Counter-Petitioner request that R Counter-espondent be ordered to pay reasonable interim attorney's fees and expenses including, but not limited to, fees for appraisals, accountants, actuaries, and so forth. Counter-Respondent is to in control of Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 22 sufficient community assets to pay attorney's fees and anticipated expenses. (2) Counter-Petitioner has insufficient income for support, and Counter-Petitioner requests the Court to order Counter- Respondent to make payments for the support of Counter- Petitioner until a final decree is signed. (3) Counter-Petitioner is not in control of sufficient community assets to pay attorney's fees and anticipated expenses. (4) Ordering Petitioner to reinstate any and all credit cards and bank accounts that Counter-Petitioner had use and enjoyment of thirty (30) days prior to the filing of the divorce on or about December 30, 2013. (5) Order Counter-Respondent to reinstate Maryam Farahmand's health insurance. Same was cancelled within days of Counter- Respondent filing the Petition for Divorce. Alternatively, order Counter-Respondent to pay one hundred percent (100%) of the costs associated with Counter-Petitioner obtaining health msurance. Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 23 16. REQUEST FOR PERMANENT INJUNCTION Counter-Petitioner requests the Court, after trial on the merits, to grant any and all necessary permanent injunctions to ensure the welfare and safety of the parties. ROGER ARASH FARAHMAND, on a continuing basis, intentionally inflicted emotional distress on MARYAM FARAHMAND when one ROGER ARASH FARAHMAND acted intentionally or recklessly, through extreme and outrageous conduct, proximately causing severe emotional distress to MARYAM FARAHMAND. Emotional distress means highly unpleasant mental reactions, such as grief, shame, humiliation, embarrassment, anger, disappointment and worry. Severe means that the distress inflicted is so extreme that a reasonable man or woman could not be expected to endure it without undergoing unreasonable suffering. MARYAM FARAHMAND requests actual damages for the past and future value of severe emotional distress resulting from such conduct. Twyman v. Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 24 Twyman, 855 S.W. 2d. 619 (Tex. 1993); Massey v. Massey, 8075 S.W. 2d 391 (Tex.App. - Houston [1st Dist.] 1990, writ. denied). MARYAM FARAHMAND pleads intentional infliction of emotional distress as a continuing tort under Newton v. Newton, 895 S.W. 2d 503, 506 (Tex. Civ. App.-Forth Worth 1995, no writ). ROGER ARASH F ARAHMAND, by hiring investigator, hiring false investigators, by suing MARYAM FARAHMAND's mother, by having investigators "pat down" the baby for listening devices at the end of a visitation, by sending false private investigators to follow MARYAM FARAHMAND, has engaged in a process of intimidation intended to cause intentional infliction of emotional distress. Counter-Respondent intentionally or knowingly threatened Counter- Petitioner, which placed Counter-Petitioner in fear or apprehension of imminent bodily injury. CONTACT Counter-Respondent intentionally or knowingly caused physical contact with Counter-Petitioner, when Counter-Respondent knew or should have Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 25 reasonably believed that Counter-Petitioner would regard such contact as offensive or provocative. DISTRESS Counter-Respondent intentionally or recklessly engaged in a pattern of extreme and outrageous conduct that caused Counter-Petitioner to suffer severe As a direct and proximate result of Counter-Respondent's wrongful conduct alleged above, Counter-Petitioner has suffered certain damages including, but not limited to, the following: 1. loss of earnings in the past; 2. loss of earning capacity, diminution of earning capacity, or both that in reasonable probability will be suffered in the future; 3. physical pain, suffering, nd mental anguish in the past; Petitioner brings this suit for these damages, which are within the jurisdictional limits of the Court. Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 26 F. CONVERSION. MARYAM FARAHMAND owned personal property and ROGER ARASH FARAHMAND proximately caused injury to MARYAMF ARAHMAND through his exercise of dominion and control over MARYAM FARAHMAND' s personal property or his wrongful refusal to return MARYAM FARAHMAND' s personal property upon her demand. ROGER ARASH FARAHMAND thereafter, transferred the personal property to unknown third parties and/or entities of Counter-Respondent. MARYAM FARAHMAND seeks actual and exemplary damages resulting from ROGER ARASH FARAHMAND' s conduct. Connell v. Connell, 889 S.W. 2d 534 (Tex. App. - San Antonio 1994, writ denied). ROGER ARASH FARAHMAND threatened MARYAM FARAHMAND that he would commit financial acts which he had no legal right to do. Such threat was of such character as to destroy the free agency of MARYAM FARAHMAND. Her free will was overcome and it caused her to do that which she would not otherwise have done, and which she was not legally bound to do. The restraint caused by such threats was eminent and MARYAM FARAHMAND had no present means of protection. MARYAM FARAHMAND seeks actual and Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 27 exemplary damages resulting from ROGER ARASH FARAHMAND's conduct. Matthews v. Matthews, 725 S.W. 2d 275 (Tex. App. - Houston [1st Dist.] 1987, writ ref d n.r.e.). ROGER ARASH FARAHMAND intentionally caused his sister to forge MARYAM FARAHMAND's name to checks and/or documents, or cause confusion as to her identity and she was harmed by this intentional misrepresentation. "Forgery," as that term is used herein, means to alter, make, complete, execute or authenticate any writings so that it purports to be the act of another who did not authorize that act, done with the intent to defraud or harm another. Forgery is an unlawful and unconscionable act which common law court may provide a civil remedy. MARYAM FARAHMANDs seeks actual and exemplary damages resulting from ROGER ARASH FARAHMAND's conduct. Saxer v. Nash Phillips-Copus Co., Real Estate, 678 S.W. 2d 736 (Tex. Civ. App. - Tyler 1984, writ ref d n.r.e ). Both Chase Bank, and on information and belief, Farmers & Merchants Bank located in Wisconsin, and Jocelyn McGregor from Chase Bank and Paul Kujawa have conspired with Roger Farahmand, along with Mary Wise. Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 28 I. FRAUDULENT TRANSFERS OF COMMUNITY PROPERTY During the parties' marriage, ROGER ARASH FARAHMAND transferred community property in violation of the Texas Uniform Fraudulent Transfer Act and Texas Family Code. ROGER ARASH FARAHMAND transferred certain community property with actual intent to hinder and defraud MARYAM FARAHMAND, who brings this cause of action within one year from the date of discovery. MARYAM FARAHMAND is a creditor of ROGER ARASH FARAHMAND because she has various claims against ROGER ARASH FARAHMAND arising before or within a reasonable time after the transfers were made. Furthermore, ROGER ARASH FARAHMAND retained actual and constructive possession and control of the property after transfer. The combined transfers constitute a substantial part of the community estate. MARYAM FARAHMAND requests that the Court set aside ROGER ARASH FARAHMAND's conveyance of community property. Tex. Bus. & Com. Code Ann., § 24.005(a)(l); Tex. Fam. Code Ann., §6.707. Both Chase Bank, and on information and belief, Farmers & Merchants Bank located in Wisconsin, and Jocelyn McGregor from Chase Bank and Paul Kujawa have conspired with Roger Farahmand. Mary Wise has also conspired and assisted. Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 29 J. ACCOUNTING ROGER ARASH FARAHMAND has spent money on or transferred money or property to third parties, escapades, and ventures, and hidden or concealed community assets. A legal and equitable accounting is necessary to determine the size of the community estate and provide an equitable distribution. MARYAM FARAHMAND seeks actual and exemplary damages resulting from ROGER ARASH FARAHMAND's conduct. Huel v. DeShazo, 922 S.W. 2d 920, 923 (Tex. 1996); Hutchings v. Chevron US.A, Inc., 862 S.W. 2d 752, 762 (Tex. App. - El Paso 1993, writ denied). ROGER ARASH FARAHMAND intentionally plotted and carried out a plan to actually defraud MARYAM FARAHMAND personally, the community estate, and MARYAM FARAHMAND's separate property estate. ROGER ARASH FARAHMAND made material representations to MARYAM FARAHMAND that were false. ROGER ARASH FARAHMAND knew these representations were false, or ROGER ARASH FARAHMAND made them recklessly without knowledge of their truth and as a positive assertion. ROGER ARASH FARAHMAND made these representations with the intention that Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 30 MARYAM FARAHMAND would act on them. MARYAMF ARAHMAND acted in reliance on these representations and as a consequence she and the community estate and MARYAM FARAHMAND's separate property estate suffered injury and damage. Such conduct proximately caused injury, loss or damage to MARYAM FARAHMAND, the community estate and MARYAM FARAHMAND's separate property estate, for which she seeks judgment against ROGER ARASH FARAHMAND for actual damages including pre and post judgment interest. MARYAM FARAHMAND requests the court to apply the principles of law in Schlueter v. Schlueter, 975 S.W.2d 584 (Tex. 1998) and Vickery v. Vickery, 999 S.W. 2d 342 (Tex. 1999) petition for review denied, only dissent published [fraud on the person and property], in making calculations of actual damages. In doing the acts alleged, ROGER ARASH FARAHMAND acted wantonly and with malice toward MARYAM FARAHMAND and the community estate. MARYAM FARAHMAND seeks exemplary damages for herself and the community estate for this wanton and malicious conduct. Land v. Marshall, 426 S.W.2d 841 (Tex. 1986); Archer v. Griffith, 390 S.W.2d 735 (Tex. 1965); Horlock v. Horlock, 535 S.W.2d 52 (Tex. Civ. App. - Houston [14th Dist. 1975, writ dism'd). To the extent Schlueter v. Schlueter, supra, is applicable. MARYAM Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 31 FARAHMAND requests the court to quantify the amount of damages to the community estate and apply the damage calculations in making a just and right division of community property. Both Chase Bank, and on information and belief, Farmers & Merchants Bank located in Wisconsin, and Jocelyn McGregor from Chase Bank and on information and belief, Paul Kujawa have conspired with Roger Farahmand. Mary Wise has also conspired and assisted. ROGER ARASH FARAHMAND, as MARYAM FARAHMAND's spouse, had a fiduciary duty with and to MARYAM F ARAHMAND. ROGER ARASH FARAHMAND held MARYAM FARAHMAND 's separate property in trust for her. ROGER ARASH FARAHMAND commingled community estate property with MARYAM FARAHMAND' s separate estate property to the extent that it is not traceable or distinguishable from the community property estate of John and MARYAM FARAHMAND. ROGER ARASH FARAHMAND's fiduciary duty to MARYAM FARAHMAND casts on him the burden to disclose such facts as to distinguish his own property and to ensure a fair division of the property. Absent such proof, ROGER ARASH FARAHMAND commingled community property interests become a part of MARYAM FARAHMAND's Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 32 separate property. Thus, MARYAMF ARAHMAND requests that the Court award ROGER ARASH FARAHMAND's community property interests in the commingled property to MARYAM FARAHMAND's separate estate. Farrow v. Farrow, 238 S.W. 2d 255 (Tex. Civ. App. - Austin 1951, no writ). Both Chase Bank, and on information and belief, Farmers & Merchants Bank located in Wisconsin, and Jocelyn McGregor from Chase Bank and Paul Kujawa have conspired with Roger Farahmand. Mary Wise has also conspired and assisted. R ROGER ARASH FARAHMAND had a fiduciary relationship with and wife MARYAM FARAHMAND, both inside the marriage relationship, and outside, regardless of their marriage, and owed to her a fiduciary duty of utmost good faith and fair dealing. As a result of their fiduciary relationship MARYAM FARAHMAND reposed a special confidence in her husband and attorney ROGER ARASH FARAHMAND, in both roles. ROGER ARASH FARAHMAND had a duty in equity and in good conscience to act in good faith and with due regard for MARYAM FARAHMAND's interests. However, ROGER ARASH FARAHMAND, in violation of his duty to his wife, MARYAM FARAHMAND, breached that duty many times. Both Chase Bank, and on information and belief, Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 33 Farmers & Merchants Bank located in Wisconsin, and Jocelyn McGregor from Chase Bank and Paul Kujawa have conspired with Roger Farahmand. Mary Wise has also conspired and assisted. MARYAM FARAHMAND was the sole officer and director of vanous pharmaceutical companies. ROGER ARASH FARAHMAND, as her attorney, wrongfully removed her from this position in violation of the standing orders and temporary orders of this court. He had a fiduciary duty to MARYAM FARAHMAND as her attorney and under the "special facts" rule. These actions were a producing cause of damage to MARYAM FARAHMAND for which she seeks recovery. MARYAM FARAHMAND seeks actual and exemplary damages resulting from the conduct of ROGER ARASH FARAHMAND. Weir v. King, 166 S.W.2d 187 (Tex. Civ. App. -Dallas 1942, writ rerd w.o.m); Buckner v. Buckner, 85 S.W.2d 877 (Tex. App. -Tyler 1991, n.w.h.); Miller v. Miller, 700 S.W.2d 941 (Tex. App. -Dallas 1985, writ ref'd n.r.e.). ROGER ARASH FARAHMAND has expended community funds to purchase property which he has put in the names of third party "DBAs" such as his family and his corporate entities. These transactions were done to conceal assets from MARYAM FARAHMAND, during Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 34 the course of this divorce. A constructive trust should be imposed on each company and/or property in favor of MARYAM FARAHMAND or, in the alternative; a secured judgment for actual damages should be awarded to MARYAM FARAHMAND and against ROGER ARASH FARAHMAND. Young v. Young, 168 S.W.3d 276 280, 282 (Tex. App. - Dallas 2005, no pet.). ROGER ARASH FARAHMAND is also in contempt for these violations and should be put in jail. Both Chase Bank, and on information and belief, Farmers & Merchants Bank located in Wisconsin, and Jocelyn McGregor from Chase Bank and Paul Kujawa have conspired with Roger Farahmand. Mary Wise has also conspired and assisted. The conduct committed by Respondent against Petitioner is the type of conduct evidencing actual malice on Respondent's part that allows the imposition of exemplary damages. Petitioner additionally brings this suit for these damages, which are within the jurisdictional limits of this Court. Petitioner prays for judgment against Respondent in a sum within the jurisdictional limits of this Court for her actual damages as alleged, exemplary damages, for prejudgment and post-judgment interest as allowed by law, for costs Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page35 of court, and for general relief. It was necessary for Counter-Petitioner to secure the services of the Law Office of Richard J. Corbitt, Robert S. Widner, and Dawn M. Grams, licensed attorneys, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the child, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Counter-Respondent and in favor of Counter-Petitioner for the use and benefit of Counter-Petitioner's attorney and be ordered paid directly to Counter-Petitioner's attorney, who may enforce the judgment in the attorney's own name. Counter- Petitioner requests post-judgment interest as allowed by law. Counter-Petitioner requests the Court to order that she be paid postdivorce maintenance for a reasonable period in accordance with chapter 8 of the Texas Family Code. Counter-Petitioner requests the Court to issue an order for withholding from Counter-Respondent's wages for this maintenance. Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 36 20. NOTIFICATION OF CREDITORS It should be ordered that each party shall send to the other party, within three (3) days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other party. It should be ordered that Respondent notify this Court and Petitioner by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven (7) days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the current address of Respondent and the name and address of her current employer, whenever that information becomes available. PROCEDURE RULE 13 Counter-Petitioner asks the court to impose appropriate sanctions against Counter-Respondent or, alternatively, his attorneys of record, Bradford Nace, Ike Vanden Eykel, and Rebecca Tillery, for filing the groundless and frivolous Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 37 pleading of an alleged prior marriage of Counter-Petitioner. Pursuant to TEXAS RULES OF CIVIL PROCEDURE Rule 13, the court can impose sanctions on a person who signed a pleading in violation of Rule 13 of the TEXAS RULES OF CIVIL PROCEDURE. A pleading is sanctionable under TEXAS RULES OF CIVIL PROCEDURE Rule 13 if it is groundless and was brought in bad faith or for the purposes of harassment. TEX. R. CIV. P. 13; CTE Comm. Sys. Corp. v. Tanner, 856 S.W.2d 725, 730 (Tex. 1993). A groundless pleading is one that has no basis in law or fact and is not warranted by a good faith argument for the extension, modification, or reversal of existing law. TEX. R. CIV. P. 13; Tanner, 856 S.W.2d 730. The standard for reviewing whether a pleading is groundless is objective: Did the party and attorneys make a reasonable inquiry into the legal and factual basis of the claim. See Tanner, 856 S.W.2d at 730. The reasonableness of the inquiry is judged by the facts available and the circumstances present at the time the party filed the pleading. Tarrant Cty. v. Chancey, 942 S.W.2d 151, 155 (Tex. App. - Fort Worth 1997, no writ). In the present case, Counter-Respondent or, alternatively, his attorneys of record filed the groundless pleading in bad and for the purpose of harassment in an Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 38 attempt to defraud Counter-Petitioner from her portion of the community property as well increase the stress and strain on Counter-Petitioner financially, mentally, and emotionally. Specifically, there is no documentation or evidence supporting the factual allegations of the Counter-Respondent relating to an alleged purported marriage. Counter-Respondent's allegations or factual contentions have no evidentiary support and are extremely unlikely to ever have any evidentiary support to support same even after a reasonable opportunity for further investigation, or discovery. As such, Counter-Petitioner was forced to litigate this matter including, but not limited to, drafting answers to each and every petition filed by the Counter-Respondent, forced to draft objections and answers to discovery requests, and forced to review and/or respond to the overwhelming number of documents either filed by Counter-Petitioner's attorneys or transmitted as correspondence. REMEDIES CODE §10.001 The court can impose sanctions on the attorney who signed a pleading, or the party represented by the attorney, if the pleading, motion, or other paper was signed in violation of TEXAS CIVIL PRACTICE & REMEDIES CODE Section 10.001. Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 39 TEX. CIV. PRAC. & REM. CODE §10.004(a), The following conduct of Plaintiffs' attorney violated Section 10.001. A pleading is frivolous when presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation. TEX. CIV. PRAC. & REM. CODE §10.001(1). Clearly, the actions of Counter-Respondent and/or his counsel evidence that Counter-Respondent's pleadings against Counter- Petitioner are frivolous and are presented before the Court in the attempt to cause an increase in the cost of litigation and for harassment. Therefore, Counter- Respondent or, alternatively, his attorneys of record, Bradford Nace, Ike Vanden Eykel, and Rebecca Tillery are subject to sanctions. Further, a pleading is frivolous unless each allegation or factual contention has evidentiary support or, for a specifically identified allegation or factual contention, is likely to have evidentiary support after a reasonable opportunity for further investigation, or discovery. TEX. CIV. PRAC. & REM. CODE §10.001(3). In the present case, Counter-Respondent's attorney of record has failed to provide any evidentiary support for his allegations against Counter-Petitioner. Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 40 C. GROUNDLESS PLEADING UNDER TEX. CIV. PRAC. & REM. CODE §9.011 The court can impose sanctions on the attorney or party represented by the attorney who signed a pleading, motion, or other that paper was signed in violation of TEXAS CIVIL PRACTICE & REMEDIES CODE Section 9.011. The court may sanction a party for filing pleadings that are (1) groundless and (2) brought in bad faith, brought for the purposes of harassment, or interposed for improper purpose of causing an undue delay, needless increase of litigation, and seeking to disqualify the opposing counsel of record by unnecessarily calling that lawyer as a witness. Herrmann & Andreas Ins. Agency, Inc. v. Appling, 800 S.W.2d 312, 320 (Tex. App. - Corpus Christi 1990, no writ). Plaintiffs' pleadings are frivolous and violate Section 9.011 of the TEXAS CIVIL PRACTICE & REMEDIES CODE because (1) they are groundless, (2) they were brought in bad faith, (3) they were brought for the purpose of harassment, and (4) they were interposed for an improper purpose. Counter-Petitioner asks the court to impose the following sanctions on Counter-Respondent or, alternatively, his attorneys of record: a. An order striking all of the allegations of Counter-Respondent Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 41 wherein he refers to any purported prior marriage of Counter- b. An order for payment to Counter-Petitioner for attorney's fees in defense of Counter-Respondent's petition to declare marriage void in an amount that is equal or greater than the amount invoiced by Counter-Respondent's during the pendency of this matter or, alternatively, payment for one hundred percent of Counter-Petitioner's attorney's fees. c. A penalty to be paid to the Court. It was necessary for Counter-Petitioner to hire an attorney, for Counter- Petitioner to incur the additional cost of travel due to Counter-Respondent's counsel's refusal to adhere to the basic facts of this case, and to prepare this Counter-Claim. The Court should award Counter-Petitioner reasonable attorney's fees in the amount of $25,000.00 under TEXAS RULES OF CIVIL PROCEDURE Rule 13, Section 10.004(c)(3) of the TEXAS CIVIL PRACTICE & REMEDIES CODE Section, and Section 9.012(e)(3) of the TEXAS CIVIL PRACTICE & REMEDIES CODE. When the party against whom sanctions are sought cannot show due Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 42 diligence, a court may award the party seeking sanction all costs for inconvenience, harassment, and out-of-pocket expenses incurred or caused by the litigation. TEX. CIV. PRAC. & CODE §10.002(c). Counter-Respondent and/or Counter-Respondent's counsel of record did not exercise due diligence. Because Counter-Respondent and/or Counter-Respondent's counsel of record wholly failed to show due diligence, the court should award Counter-Petitioner all costs for inconvenience, harassment, and out-of-pocket expenses caused by this lawsuit. The Collin County Standing Order regarding child, property, and conduct of the parties is attached hereto as Exhibit A and incorporated herein for all purposes. 24. REQUEST FOR ATTORNEY'S FEES, EXPENSES, COSTS, AND INTEREST It was necessary for Counter-Petitioner to secure the services of Dawn M. Grams Horak, a licensed attorney, to preserve and protect Maryam Farahamand and the minor child's rights. Counter-Petitioner prays that Counter-Respondent be responsible for one hundred percent of Counter-Petitioner's attorney's fees, expenses, and costs incurred as a result of legal representation in this case. Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 43 25. PRAYER WHEREFORE, PREMISES CONSIDERED, Maryam Farahmand, the Counter-Petitioner, respectfully prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this petition including, but not limited to, the following: temporary restraining order restraining Counter-Respondent, in conformity with the allegations of this petition, from the acts set forth above, and Counter-Petitioner prays that, after notice and hearing, this temporary restraining order be made a temporary injunction; 2. Temporary Injunction - in addition to the temporary restraining order and temporary injunction prayed for above, after notice and hearing, grant a temporary injunction enjoining Respondent, in conformity with the allegations of this petitioner, from the acts set forth above while this case is pending; 3. Permanent Injunction - upon final hearing, the Court enter a permanent injunction enjoining Counter-Respondent, in conformity with the allegations of this petition, from the acts set forth above; Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 44 4. Counter-Petitioner prays for an order adjudicating parentage, that Counter-Petitioner be appointed sole managing conservator with the exclusive right to designate the primary residence of the child, that appropriate orders be made for the support of the child and for payment of an equitable portion of all prenatal and postnatal health-care expenses of the mother and child and payment of the fees, expenses, and costs of Counter-Petitioner in bringing this action. 5. Attorney's Fees & Costs - for attorney's fees, expenses, costs, and interest as requested above. 6. Counter-Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this counter-petition. 7. Temporary Orders - Counter-Petitioner prays that, after notice and hearing, the requested temporary orders be granted. 8. Counter-Petitioner Maryam Farahmand prays for any and all other further relief for which she may be entitled to and that is sought in the foregoing pleading. Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 45 9. Counter-Petitioner Maryam Farahmand prays for general relief. WIDNER FAMILY LAW GROUP, PLLC By: Isl Robert S. Widner Robert S. Widner Texas State Bar No. 00792092 2911 Turtle Creek Boulevard, Suite 405 Dallas, Texas, 75219 Telephone No.: 972-979-5700 Facsimile No.: 972-692-8951 Electronic Address robertwidner@gmail.com and Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 46 DAWN M. GRAMS, P.C. ,nJ \ nt n Ii I By:~Horak Dawn M. Grams Horak Texas State Bar No. 24036667 P.O. Box 924 Grapevine, Texas, 76099 Telephone No.: 469-644-7442 Facsimile No.: 214-572-6893 Electronic Address: dgrams@msn.com of counsel to Widner Family Law Group, LLC ATTORNEYS FOR RESPONDENT AND COUNTER-PETITIONER MARYAM FARAHMAND Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 47 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing has been forwarded to the following parties via the manner reflected below, m accordance with the TEXAS RULES OF CIVIL PROCEDURE. Mr. Ike Vanden Eykel VFacsimile 214-871-0196 Ms. Rebecca Tillery Certified Mail/Return Receipt Requested Koons Fuller, P.C. U.S. First Class Mail 1717 McKinney Avenue, Suite 1500 Vother Dallas, Texas, 75202 ike@koonsfuller.com tillery@koonsfuller.com ./ Reagan@koonsfuller.com v E-Service Mr. Bradford Nace VFacsimile 214-242-4333 Nace & Motley, LLC Certified Mail/Return Receipt Requested 100 Crescent Court, ih Floor U.S. First Class Mail Dallas, Texas, 75201 vOther bnace@nacemotley.com VE-Service Ms. Diana L. Porter Facsimile 972-548-2349 Diana L. Porter, P.C. Certified Mail/Return Receipt Requested 103 E. Virginia Street, Suite 201 U.S. First Class Mail McKinney, Texas 75069 VOther dporter@collincountydivorce.com Pursuant to Request of Attorney Certified to as of this 30th day ofJu~ne,, 014. DAWN M. GRAMS HORAK Respondent's First Supplemental and Amended Counter-Petitioner for Divorce Page 48 COLLIN COUNTY DISTRICT COURTS GENERAL ORDERS COLLIN COUNTY ST ANDING ORDER REGARDING CHILDREN, PROPERTY AND CONDUCT OF THE PARTIES No party to this lawsuit has requested this order. Rather. this order is a standing order of the Collin County District Courts that applies in every divorce suit and every suit affecting the parent-child relationship filed in Collin County. The District Courts of Collin County have adopted this order because the parties and their children should be protected and their property preserved while the lawsuit is pending before the court. Therefore it is ORDERED: I. NO DISRUPTION OF CHILDREN. Both parties are ORDERED to refrain from doing the following acts concerning any children who are subjects of this case: I. I Removing the children from the State of Texas, acting directly or in concert with others, without the written agreement of both parties or an order of this Court. 1.2 Disrupting or withdrawing the children from the school or day-care facility where the children are presently enrolled. without the written agreement of both parents or an order of this Court. 1.3 Hiding or secreting the children from the other parent or changing the children's current place of abode. without the written agreement of both parents or an order of this Court. 1.4 Disturbing the peace of the children. 1.5 Making disparaging remarks about each other or the other person's family members, to include but not be limited to the child's grandparents, aunts, uncles. or stepparents. 1.6 Discussing with the children, or with any other person in the presence of the children, any litigation related to the children or the other party. 1.7 If this is an original divorce action, allowing anyone with whom the party is romantically involved. to remain over night in the home while in possession of the child. Overnight is defined from l 0:00 p.m. until 7:00 a.m. 2. CONDUCT OF THE PARTIES DURING THE CASE. Both parties are ORDERED to refrain from doing the following acts: 2.1 Using vulgar, profane. obscene. or indecent language. or a coarse or offensive manner to communicate with the other party. whether in person, by telephone. or in writing. 2.2 Threatening the other party in person, by telephone, or in writing to take unlawful action against any person. 2.3 Placing one or more telephone calls, at an unreasonable hour. in an offensive or repetitious manner, without a legitimate purpose of communication, or anonymously. 2.4 Opening or diverting mail addressed to the other party. 3. PRESERVATION OF PROPERTY AND USE OF FUNDS DURING DIVORCE CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts: 3.1 Destroying, removing, concealing, encumbering, transferring, or otherwise hanning or reducing the value of the property of one or both of the parties. 3.2 Misrepresenting or refusing to disclose to the other party or to the Court, on proper request, the existence, amount, or location of any property of one or both of the parties. 3.3 Damaging or destroying the tangible property of one or both of the parties, including any document that represents or embodies anything of value. 3.4 Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything of value, and causing pecuniary loss to the other party. 3.5 Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of either party, whether personal property or real estate property, and whether separate or community, except as specifically authorized by this order. 3.6 Incurring any indebtedness, other than legal expense in connection with this suit, except as specifically authorized by this order. 3.7 Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by this order. 3.8 Spending any sum of cash in either party's possession or subject to either party's control for any purpose, except as specifically authorized by this order. 3.9 Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by this order. 3.10 Signing or endorsing the other party's name or any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to the other party without the personal signature of the other party. 3.11 Taking any action to terminate or limit credit or charge cards in the name of the other party. 3.12 Entering, operating, or exercising control over the motor vehicle in the possession of the other party. 3.13 Discontinuing or altering the withholding for federal income taxes on wages or salary while this suit is pending. 3.14 Tenninating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance at the other party's residence or in any manner attempting to withdraw any deposits for service in connection with such Page 2 of4 services. 3.15 Intercepting or recording the other party's electronic communications. 4. PERSONAL AND BUSINESS RECORDS IN DIVORCE CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts: 4.1 Concealing or destroying any family records, property records, financial records, business records or any records of income, debts, or other obligations. 4.2 Falsifying any writing or record relating to the property of either party. 4.3 "Records" include e-mail or other digital or electronic data, whether stored on a computer hard drive, diskette or other electronic storage device. 5. INSURANCE IN DIVORCE CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts: 5.1 Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of either party, except as specifically authorized by this order. 5.2 Changing or in any manner altering the beneficiary designation on any life insurance on the life of either party or the parties' children. 5.3 Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties' property of persons including the parties' minor children. 6. SPECIFIC AUTHORIZATIONS IN DIVORCE CASE. If this is a divorce case, both parties to the marriage are specifically authorized to do the following: 6.1 To engage in acts reasonably and necessary to the conduct of that party's usual business and occupation. 6.2 To make expenditures and incur indebtedness for reasonable attorney's fees and expenses in connection with this suit. 6.3 To make expenditures and incur indebtedness for reasonable and necessary living expenses for food. clothing, shelter, transportation and medical care. 6.4 To make withdrawals from accounts in financial institutions only for the purposes authorized by this order. 7. SERVICE AND APPLICATION OF THIS ORDER. 7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented. 7.2 This order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition. If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of this court. This entire Page 3 of4 111\h:r "ill 11.:rrni11al<.: and" ill 1111 IP1l~'.cr b..: L·rtccli\ c wlll'n thL· cuun si;;.ns ;l li11;1I ord..:r or llk' cas..: is dismis"l'd. 8. l+FI TT< )l. C)JI l.[K<.J ll ;iz I < H~.J 1JJ~_, l I' an~ pan nr this lll'lkr b di lh. 1\'lH 1 l'rrnn :111> pmt lli' a pr1llL'cli\..: rn'lkr that has alr..:ady hcL'll cntcn:d or is latl..'r cnkn:d. the pro11..·di\·c 1lrtkr prnYisinns prc\'ail. i\ny purl ol'lhis order not ch:111gL·d hy some lakr t11\kr t\:1nain-. in full l~1n:c ;md L'ifrct until th.: 1.:ourl ..;ign~ a li11:d dl'cn.'l.'. tJ JI.-\ l~ 11 FS F:\(( H 'R.-\<. i 1-:1) I<> >JL12.l_:\TI·.. llH: p:1rti1.·s ari: 1:ni.·11urai,!cd tP 1lwir disputes nmicahly \\ ithoul court inlL'f'\ .:11til111. Th.: parti..:s arL· s1:ttl...> cncnura):!ed to use altcrnati\1.• disputL' rcsnlution mdhods. su<.:h as llll:diation. lo rcsPhi.· Lill' rnnllicts that 11lll) arist: in this la\\suit. Tl llS CUii.i.'\ <'(Jl "\:TY Sl.\\:l>l:'\:C i ( lRf>FR RH i:\l~Dl\CI CJ IJUml'.\:. PROPLIU Y :\:\ [) CO\ DI. 'Cl <>I- Tl I I. I'.\ RTll-:S SI I:\ f.I IH·CO.\ 11-: I :n- H · 11 \"I: U:\ OC IUI ll [~ 1-L 2tJ !}. f , (h~~--,fu:-- .ll "l)(j: .\T\.{1f·T:1\"~C '.)t)' ·I fi.lirfa~District C~1un · 1·.R / ; ~/-·1 / ) .......: .(.;.._/' ~- .ll :!)( i L JOI I:\ R O.'\C · r L .IR. 29(/' Judicial I Jistril'I ( ·ourl Jl'l>(lf· CY:\:TJJI.-\ \\'I ILl.l·SS ..j 17 111 Judi1:ial District l 'ourl '·? A I \ . I ! I I ! I _; {, v y_.:i:_]£ .£.< ,. Jl :i)(i(Jfij~ WILi.iS 429 111 :f't1dil:ial I )istril'I ( \1urt Page 4 of 4 ROGER FARAHMAND’S RECORD TAB 12 Filed: 7/10/2014 12:15:17 PM Andrea S. Thompson District Clerk Collin County, Texas By Lisa Sharpe Deputy Envelope ID: 1782144 NO. 417-56531-2013 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § 417th JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § , A CHILD § COLLIN COUNTY, TEXAS RESPONDENT'S FIRST VERIFIED MOTION FOR CONTINUANCE COMES NOW, Maryam Farahmand, the Respondent and Counter-Petitioner in the above-styled and numbered cause, and files this First Verified Motion for Continuance for the hearing set for July 29, 2014, on Petitioner's Petition to Declare Marriage Void. In support of thereof, Maryam Farahmand would respectfully show the Court as follows: 1. Petitioner's initial allegations of a pnor marriage of Respondent occurred on or about March 10, 2014, at a hearing in this Court. Petitioner's identified Amir Bagherkalantari as the alleged prior spouse of Respondent at this time. See Exhibit A. 2. On or about Thursday, May 8, 2014, Amir Bagherkalantari stated to Respondent's First Verified Motion for Continuance ljPage Respondent, Maryam Farahmand, that he was going to see how much the Petitioner, Roger Farahmand offered to pay him for his testimony. Thus, there appears to be either witness tampering or the possibility of witness tampering. 3. On or about Tuesday, June 24, 2014, Brenda Rodgers spoke with the Court Coordinator for the 401 st Judicial District Court of Collin County, Texas, and was advised that the court's docket was closed for the month of July. The Court Coordinator further advised that any setting presently on the docket would be heard, but there would be "NO additions, NO deletions, NO substitutions, NO changes whatsoever." See Exhibit B-1. As a result thereof, Respondent did not file her Motion for Summary Judgment, as same would not be considered or heard before the court on or before the Tuesday, July 29, 2014, hearing date. See Exhibit B. 4. The parties were last before the Court on or about Tuesday, May 27, 2014. See Exhibit D. During the time period of Tuesday, May 27, 2014, and Friday, June 27, 2014, Petitioner filed more than fifty (50) documents with the Court. In addition to the more than fifty (50) documents filed, Petitioner remits up to three (3) to four (4) letters to Respondent's counsel on an almost daily basis. See Exhibit B. Respondent's First Verified Motion for Continuance 2jPage 5. On May 27, 2014, Petitioner filed a document entitled "Certificate of Marriage." See Exhibit E. At the hearing on March 10, 2014, the Honorable Judge Mark J. Rusch ruled, in relevant part, that no marriage license by and between Respondent and Amir Bagherkalantari was " ... on file, so [he] [didn't] have a valid prior ceremonial marriage." See Exhibit D - Hearing Transcript, Page 77, Lines 18- 20. Disregarding this ruling, Petitioner files same misrepresenting that same 1s valid. See Exhibit E. 6. Respondent would further show that Asian Ghaffari, on behalf of and at the request of Petitioner, provided false sworn testimony at the March I 0, 2014, hearing and that the signature on the alleged marriage certificate is not Mr. Ghaffari's signature. Specifically, in the years 2005-2011, Mr. Ghaffari executed various legal documents. See Exhibit F. In aforementioned legal documents, Mr. Ghaffari correctly spelled his name: G-H-A-F-F-A-R-I. See Exhibit F. However, on the purported "marriage license," Mr. Ghaffari's name is spelled: G-H-A-F-F- 0-R-I-E. See Exhibit E. How would a man who is eighty (80) plus years old misspell his own last name? Because it is not his signature! 7. On or about June 9, 2014, Petitioner designated Madoud Anasri as the expert to testify as to a "Persian Muslim wedding." However, Petitioner's Respondent's First Verified Motion for Continuance 31Page designated expert is the father of Roger's Farahmand's business partner and very close friend, Shaya Ansari. In fact, Roger Farahmand himself indicated during his March 4, 2014 deposition that he owns property with Shaya Ansari and that Shaya is "a dear friend, like -- like my brother." Clearly, the expert testimony of Madoud Anasri will be biased, as his own son has a financial stake in the outcome of the proceedings. Relevant portions of the deposition of Petitioner are as follows: Owns property in Las Vegas, Nevada with Shaya Ansari: P102 16 Q. Okay. Any other property save and except the 17 ones you've testified to so far, Mr. Farahmand? 18 A. No. I've testified to four. 19 Q. Yes, sir, you have. In the United States. 20 A. I think I have one in Vegas, Las Vegas. 21 Q. Okay. 22 A. Or through Badmand Holdings and another friend 23 of mine. 24 Q. What's your friend's name, please? 25 A. Shaya. P103 1 Q. Could you spell it for us? 2 A. S-H-A-Y-A. 3 Q. Uh-huh. 4 A. Ansari, A-N-S-A-R-I. Owns rental property with Shaya Ansari in Caho San Lucas, Mexico: P104 Respondent's First Verified Motion for Continuance 4JPage 22 Q. And where is this property located? 23 A. Caho San Lucas. 24 Q. What's the date of purchase? 25 A. 2006. P105 1 Q. What was the purchase price? 2 A. At that time, I think it was half a million. 3 Q. It's not a timeshare, is it, sir? 4 A. No. 5 Q. Okay. And is it -- is it -- do you rent it out 6 or do you ... 7 A. I don't. 8 Q. Is it -- who does, if they do? 9 A. Shaya. 10 Q. Okay. So he -- Mr. Shaya is your -- I don't 11 want to use the wrong word here -- partner or associate 12 in this property, also? 13 A. Yes. 14 Q. Okay. 15 A. He's a dear friend, like -- like my brother. 16 Q. Okay. Is there only two of you? 17 A. Yes. 18 Q. Could you give me the address of that property, 19 please? 20 A. Sure. 21 Q. Thank you. 22 A. Pedregal, Caho San Lucas. Owns a Boat with Shaya Ansari: P109 1 Do you have an interest in a boat? 2 A. Possibly. 3 Q. Okay. Could you tell the Court what "maybe" 4 means as far as your interest in a boat? Respondent's First Verified Motion for Continuance SI Page 5 A. Yes. I don't know if my partner has sold the 6 interest or we still possess it or what happened. 7 Q. Is this your partner Tom? 8 A. No, Tom's not my partner. 9 Q. Okay. Please forgive me, then. 10 You said partner. I hadn't heard anything 11 about a partner except Shaya -- Shaya -- Shaya. 12 A. You've never asked, but Shaya's my partner, 13 yes -- 14 Q. Okay. 15 A. -- in that situation. 16 Q. Is that the partner in the boat, also? 17 A. Yes. See Exhibit C. Madoud Anasri lives in New Jersey and was not made available for a deposition and did not provide an expert report. Thus, how can Respondent prepare for his anticipated testimony when no information has been provided for review? 8. Petitioner's Petition to Declare Marriage Void is set for hearing on July 29, 2014 at 9:00 a.m. See Exhibit A. This hearing will determine the validity of Respondent's marriage to Petitioner. Respondent should be afforded the opportunity to adequately prepare for same. Due to Petitioner filing more than fifty (50) documents in less than thirty-five (35) days prior to the deadline for completion of discovery and amending the pleadings on file, not including designating an out-of-state expert whose son will be financially affected by the Respondent's First Verified Motion for Continuance 61Page ruling of the court, Respondent has not been able to adequately prepare for the July 29th hearing date. 9. Due to the reasons set forth in this Motion, Respondent respectfully asks this Court for a brief continuance to allow for the Respondent to adequately prepare for the hearing Petitioner's Petition to Declare Marriage Void that is currently set for hearing on July 29, 2014 at 9:00 a.m. and to allow the Respondent an opportunity to file and have this Court hear motions including, but not limited to, the following prior to the final setting on July 29, 2014: Motion to Strike or Exclude Experts and Motion for Summary Judgment on Marriage Issue. 10. This continuance is not sought solely for delay but that justice may be done. See Exhibit B. WHEREFORE, PREMISES CONSIDERED, the Respondent, Maryam Farahmand, asks this Court to continue the hearing that is currently set for July 29, 2014, at 9:00 a.m. on Petitioner's Petition to Declare Marriage Void and reset same for a future date or for at least one hundred and twenty (120) days and modify all deadlines identified in the Agreed Scheduling Order to adhere to same. Respondent further asks for any and all such other relief, either at law or equity to which she may show herself to be justly entitled including, but not limited to, attorney's fees Respondent's First Verified Motion for Continuance 7JPage and expenses. By: /s/ Robert S. Widner Robert S. Widner Texas State Bar No. 00792092 Telephone No.: 972-979-5700 Facsimile No.: 972-692-8951 Electronic Address robertwidner@gmail.com Telephone No.: 469-644-7442 Facsimile No.: 214-572-6893 Electronic Address: dgrams@msn.com ATTORNEYS FOR RESPONDENT AND Respondent's First Verified Motion for Continuance 81Page COUNTER-PETITIONER MARYAM FARAHMAND CERTIFICATE OF CONFERENCE I, the undersigned attorney, Dawn M. Grams Horak, hereby certify to the Court that I have attempted to confer with opposing counsel in an effort to resolve the issues contained in this motion without the necessity of Court intervention. Specifically, I have contacted counsel for Petitioner on multiple occasions via electronic correspondence and opposing counsel has stated that they would not be in agreement with same. Therefore, the parties have not been able to come to an amicable resolution to this matter without the necessity of the Court's intervention. ;".~ k Certified to as of this£ day of July, 2014. ( ' i ,. il1 fbJJn t?J. brams Horak DAWN M. GRAMS HORAK Respondent's First Verified Motion for Continuance 9jPage CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing has been forwarded to the following parties via the manner reflected below, in accordance with the TEXAS RULES OF CIVIL PROCEDURE. Mr. Ike Vanden Eykel t1Facsimile 214-871-0196 Ms. Rebecca Tillery Certified Mail/Return Receipt Requested Koons Fuller, P.C. U.S. First Class Mail 1717 McKinney Avenue, Suite 1500 Voth er Dallas, Texas, 75202 ike@koonsfuller.com tillery@koonsfuller.com Reagan@koonsfuller.com /E-Service Mr. Bradford Nace \/ Facsimile 214-242-4333 Nace & Motley, LLC Certified Mail/Return Receipt Requested 100 Crescent Court, th Floor U.S. First Class Mail Dallas, Texas, 75201 v Other bnace@nacemotley.com /E-Service Ms. Diana L. Porter Facsimile 972-548-2349 Diana L. Porter, P.C. Certified Mail/Return Receipt Requested 103 E. Virginia Street, Suite 201 U.S. First Class Mail McKinney, Texas 75069 VOther 1./dporter@collincountydivorce.com Pursuant to Request of Attorney 1 Certified to as of this 1G-; 'aay of July, 2014. k . j,~/D~kt G'tanfSiiorak ! Respondent's First Verified Motion for Continuance IOI Page 1 Hearing March 10, 2014 1 REPORTER'S RECORD 2 VOLUME 1 OF 1 VOLUME 4 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF 5 ROGER ARASH FARAHMAND AND COLLIN COUNTY, TEXAS 6 MARYAM FARAHMAND 7 AND IN THE INTEREST OF 40lst JUDICIAL DISTRICT 8 10 11 13 14 15 16 17 19 On the 10th day of March, 2014, the following 20 proceedings came on to be held in the above-titled and 21 numbered cause before the Honorable Mark J. Rusch, Judge 22 Presiding, held in McKinney, Collin County, Texas. 23 Proceedings reported by computerized machine 24 shorthand. 25 Kimberly Tinsley, CSR #3611 (972) 548-4247 2 Hearing March 10, 2014 2 Bradford Winston Nace SBOT NO. 24007726 Attorney at Law 3 100 Crescent Court 7th Floor 4 Dallas, TX 75201 Telephone: (214)459-8289 5 Attorney for Petitioner Roger Farahmand 6 8 Richard J. Corbitt SBOT NO. 04817000 Attorney At Law 9 6440 N. Central Expwy. Suite 402 10 Dallas, TX 75208 Telephone: (214)744-1234 11 Attorney for Respondent Maryam Farahmand 12 13 17 18 19 20 21 Kimberly Tinsley, CSR #3611 (972) 548-4247 3 Hearing March 1.0, 201.4 1 VOLUME 1 2 HEARING 3 March 1.0, 201.4 PAGE VOL 4 Proceedings begin .............................. 5 1 5 Witness Direct Cross Voir Dire ASLAN GHAFFARI 6 By Mr. Nace 11 1 By Mr. Corbitt 13 1 7 By Mr. Nace 17 1 By Mr. Corbitt 20 1 8 By Mr. Nace 21 1 9 FARID RASTEGAR By Mr. Nace 23 1 10 By Mr. Corbitt 26 1 By Mr. Nace 27 1 11 ROGER FARAHMAND 12 By Mr. Nace 29 1 By Mr. Corbitt 38 1 13 MICHAEL SCOTT WOODS 14 By the Court 55 1 15 ROBERT GORDON By the Court 68 1 16 17 Court's Ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 1 18 Adjourned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 1 19 Reporter's Certificate . . . . . . . . . . . . . . . . . . . . . . . . 105 1 20 21 22 23 24 Kimberly Tinsley, CSR #3611 (972) 548-4247 4 Hearing March 1.0, 201.4 3 Farahmand, Roger 29 38 1 Ghaffari, Aslan 11,17 20 13 1 4 Ghaffari, Aslan 21 1 Gordon, Robert 68 1 5 Rastegar, Farid 23,27 26 1 Woods, Michael Scott 55 1 6 13 1 Marriage License dated 18 1 12/12/2009 14 2 Video of 12/12/2009 on 25 25 1 15 DVD 16 3 Supporting Affidavit of 30 1 Roger Farahmand 17 4 Roger Farahmand's 31 31 1 18 Summary of Requests 19 Kimberly Tinsley, CSR #3611 (972) 548-4247 18 Aslan Ghaffari - March 10, 2014 Direct Examination by Mr. Nace 1 THE COURT: sustained. 2 MR. NACE: We'll offer. 3 THE COURT: Does it have a number on it? 4 MR. NACE: Yes, Your Honor, Petitioner's 1. 5 MR. CORBITT: Predicate has not been 6 issued. 7 THE COURT: Let me see it, please. 8 MR. NACE: Yes, Your Honor. 9 (Document present to the Court) 10 THE COURT: Mr. Nace, I have what appears 11 to be a Xerox copy. I don't see a clerk's stamp on here 12 anywhere. 13 MR. NACE: Your Honor, we have the original 14 with another witness. That is a copy. 15 THE COURT: Why isn't the original of a 16 marriage license on file with my clerk? 17 MR. NACE: From what I understand, to file 18 it that was their responsibility through her family. But 19 the original does exist. 20 THE COURT: Where is the original? 21 MR. NACE: My client can better answer that 22 judge through another witness. Because of things missing 23 in this case, our chain of custody, we want to make sure 24 we're keeping things intact. 25 THE COURT: His objection is sustained at Kimberly Tinsley, CSR #3611 (972) 548-4247 19 Aslan Ghaffari - March 10, 2014 Direct Examination by Mr. Nace 2 MR. NACE: May I re-approach the witness? 3 THE COURT: Sure. 4 Q. (By Mr. Nace) Sir, re-handing you this particular 5 exhibit, when you perform these weddings before, do you 6 typically sign off as a witness having performed a 7 wedding ceremony? 8 MR. CORBITT: Please the Court, objection 9 as to any relevancy regarding what he's done in the past. 10 We're only worried about 11 THE COURT: Overruled. 12 INTERPRETER: Can you repeat the question? 13 Q. (By Mr. Nace) Yes. With regard to the eight to 14 ten wedding ceremonies Mr. Ghaffari has performed in his 15 years, does he typically sign and certify that the 16 parties were united in marriage? 17 A. Usually I write the name of the couple, the 18 people who are getting married, in the marriage portion 19 and all the information in a piece of paper and they sign 20 it. 21 Q. And there's no question in Mr. Ghaffari's mind 22 that this piece of paper that I offered as Exhibit 1 is 23 his signature and nobody else's? 24 A. This is my signature for sure. 25 MR. NACE: Pass the witness. Kimberly Tinsley, CSR #3611 (972) 548-4247 77 Ruling March IO, 2014 1 period. This child does not leave the United States, 2 period. 3 Mother is ordered to continue her 4 psychological course of treatment with Dr. Woods, if that 5 involves counseling, medication, or whatever, and to 6 abide by and follow all of his orders and instructions. 7 Mr. Gordon is a forensic guy, you can continue with him, 8 or not. I'm not ordering you to. I'm not forbidding you 9 to. Dr. Woods is the main primary treatment guy. You 10 will continue in your treatment with Dr. Woods. 11 Everyone in this room understand that if 12 somebody has a chemical imbalance in their brain, I don't 13 hold it against them if they are dealing with it 14 appropriately. 15 Now, I've got an eight-month-old kid. And 16 Mr. Nace, just so you'll know, while this testimony about 17 another wedding is interesting, even assuming for the 18 sake of discussion that some ceremony was performed, that 19 license isn't on file, so I don't have a valid prior 20 ceremonial marriage. I may or I may not have a valid 21 informal marriage and that would certainly be some 22 evidence of it. But you're miles from at the very least 23 cohabitation. So at least today, I'm not -- don't have 24 any concerns about there being a bigamy situation. That 25 doesn't mean there isn't one. I'm just saying today, in Kimberly Tinsley, CSR #3611 (972) 548-4247 105 Hearing March 10 1 2014 1 STATE OF TEXAS 2 COUNTY OF COLLIN 3 I, Kimberly Tinsley, Official Court Reporter in and 6 contains a true and correct transcription of all portions 7 of evidence and other proceedings requested in writing by 8 counsel for the parties to be included in this volume of 9 the Reporter's Record in the above-styled and numbered 10 cause, all of which occurred in open court or in chambers 11 and were reported by me. 12 I further certify that this Reporter's Record of the 13 proceedings truly and correctly reflects the exhibits, if 14 any, offered by the respective parties. 15 I further certify that the total cost for the 16 preparation of this Reporter's Record is $624.50 and was 17 paid by Counsel for Petitioner, Roger Farahmand. 18 WITNESS MY OFFICIAL HAND on this, the 3rd day of 19 April, 2014. Digitally signed by Kimberly Tinsley 20 Date: 2014.04.03 22:42:50 -05'00' Kimberly Tinsley, CSR 21 Texas CSR #3611 Official Court Reporter 22 401st District court Collin County, Texas 23 2100 Bloomdale Rd, Suite 30030 McKinney, Texas 75071 24 Telephone: (972) 548-4247 E-mail: ktinsley@co.collin.tx.us 25 Expiration: 12/31/15 Kimberly Tinsley, CSR #3611 (972) 548-4247 ,.t;.·· <23" cd,,'!I rp/> •.%'eb.oeeA,, )f!M I(j{ QJ)f <]JPE(j{'l(/l.£jf!N'T)f fRJ anti fM.Jf !l{.'Y)f!M ~GZ::P~ J~~tkaontk (2 tJ. ~!!/. 1Jecem&er 20~, !fi"_L O~ _p_ 91£' ..fanll.edm ~&~ ~n~ Witness "!?ha4u1Mio --12. th rl~!!J'.'lJecember ..'?Oo.2,.. Signallllc o( Pctsoa pcdonnm, Cc:Rmony 4SLAN GHAFFAR1 Typed or printed n11111e ur person perl'onning ceremony ~a?uijf/edfarec01trh/UJ ~!f'----- and~IM--~ff----- tn-tk ~.~1mm1t~tkr- ~~~
Section 2.204 of tli.e Pami{y Cotfe 'Marriaee License 'I'fi:is ficense cannot 6e used'prior to: 12/07/2009 3: 28 tJ"M. Jf~JCJ{ 'Return License 'IO 5'(}f ~'Y)f~ IP)f IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § 417th JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § A CHILD § COLLIN COUNTY, TEXAS VERIFICATION STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned Notary Public, on this day personally appeared Dawn M. Grams Horak, who, after being duly sworn, stated under oath that she is one of the attorney's of record for the Respondent, Maryam Farahmand in the above styled number and cause; that she has read the motion; and that the statements contained in the following paragraphs are within her personal knowledge and are true and correct\ )~ .. (/ iL .• ~,~)!-- !\l~b .~{(_ f'Yh1\J,t E-1. _,,_J_Q.i.......,..-(a.......J~<~-==------- DAWN M. GRAMS HORAK SWORN TO AND SUBSCRIBED before me on this 9th day of July, 2014. I ,,.,....,,,, L.t.URIE lAMASI Texas ~..~ji.~";:.~.~6;:-._ N 1arv Public. Slate of Texas ~i· ·.(">.. 0 . s :: ;s MY commission Expire 1 \:1;· ....~l..i September 19. 201 7 ' j_(_.f__,/_/_/_1__ My Commission Expires:__.:;/..... ''11ft,?1F11''°''..: ---- -------- · - - - - - Dawn Horak From: Brenda Rodgers •!!Ill•••••• I was unsuccessful in getting the MSJ set before or on July 29. The Court Coordinator was very adamant about the docket being closed for the month of July. She also stated that the 401st Judge does not hear motions by submission anyway. She will not let us remove our Mtn to Compel and add the MSJ in its place either. She stated NO additions, NO deletions, NO substitutions - NO changes whatsoever. I let Bob know this · · - Thanks, Brenda EXHIBIT \ ROGERFARAHMAND March 4, 2014 NO. 401-56531-2013 IN THE MATTER OF * IN THE 401ST THE MARRIAGE OF * * ROGER ARASH FARAHMAND * AND * JUDICIAL DISTRICT COURT MARYAM FARAHMAND * * AND IN THE INTEREST OF * * A MINOR CHILD * COLLIN COUNTY, TEXAS ********************************************************* ORAL AND VIDEOTAPED DEPOSITION OF ROGER FARAHMAND Taken for the Respondent March 4, 2014 ********************************************************* ORAL AND VIDEOTAPED DEPOSITION OF ROGER FARAHMAND, produced as a witness at the instance of the Respondent, and duly sworn, was taken in the above-styled and numbered cause on March 4, 2014, from 2:07 p.m. to 5:38 p.m., before Pennie Futrell, CSR in and for the State of Texas, reported by machine shorthand, at the Law Offices of Richard J. Corbitt, P.C., 6440 N. Central Expressway, Suite 700, Dallas, Texas 75206, pursuant to the Texas Rules of Civil Procedure and the provisions stated on the record or attached hereto. CSI GLOBAL DEPOSITION SERVICES EXHIBIT 972-719-5000 D 2 ROGERFARAHMAND March 4, 2014 1 APPEARANCES 2 FOR THE PETITIONER: 3 Mr. Bradford Nace NACE & MOTLEY, LLP 4 100 Crescent Court 7th Floor 5 Dallas, Texas 75201 Telephone: 214.459.8289 6 Facsimile: 214.242.4333 E-mail: bnace@nacemotley.com 7 8 FOR THE RESPONDENT: 9 Mr. Richard J. Corbitt LAW OFFICE OF RICHARD J. CORBITT, P.C. 10 6440 N. Central Expressway Suite 402 11 Dallas, Texas 75206 Telephone: 214.744.1234 12 Facsimile: 214.754.0515 E-mail: corbittlaw@gmail.com 13 14 ALSO PRESENT: 15 Mr. Randy Johnson - Videographer Ms. Maryam Farahmand 16 17 18 19 20 21 22 23 24 25 CSI GLOBAL DEPOSITION SERVICES 972-719-5000 3 ROGER FARAHMAND March 4, 2014 1 I N D E X 2 APPEARANCES.......................................... 2 3 EXAMINATION OF ROGER FARAHMAND 4 Direct Examination by Mr. Corbitt................ 4 5 SIGNATURE AND CORRECTION PAGE . . . . . . . . . . . . . . . . . . . . . . . . 190 6 CERTIFICATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 7 EXHIBITS 8 NO. DESCRIPTION PAGE 9 (None) 11 CERTIFIED QUESTIONS: 12 Page 20' line 1 13 Page 30, line 21 14 Page 33, line 13 15 Page 68, line 17 16 Page 119, line 6 17 INFORMATION TO BE PROVIDED: 18 Page 97, line 18 19 Page 104, line 7 20 Page 114, line 6 21 Page 120' line 3 22 Page 120, line 15 23 24 25 CSI GLOBAL DEPOSITION SERVICES 972-719-5000 102 ROGERFARAHMAND March 4, 2014 1 have, if you do? 2 A. I don't have it. I'm sorry, I got to clarify 3 that. I withdraw what I said before. Badmand Holdings 4 has an interest. 5 Q. Okay. Okay. I didn't hear that. I'm sorry. 6 A. No, I didn't say it, and I apologize. 7 Q. What was the date of purchase there? 8 A. I don't know if it was 2009, '10, on one of 9 those dates, October '9 or October '10. 10 Q. And how much was that purchased for, if you 11 know? 12 A. 130,000. 13 Q. All right. Do you know fair market value now, 14 if you do? 15 A. I don't know. 16 Q. Okay. Any other property save and except the 17 ones you've testified to so far, Mr. Farahmand? 18 A. No. I've testified to four. 19 Q. Yes, sir, you have. In the United States. 20 A. I think I have one in Vegas, Las Vegas. 21 Q. Okay. 22 A. Or through Badmand Holdings and another friend 23 of mine. 24 Q. What's your friend's name, please? 25 A. Shaya. CSI GLOBAL DEPOSITION SERVICES 972-719-5000 103 ROGERFARAHMAND March 4, 2014 1 Q. Could you spell it for us? 2 A. S-H-A-Y-A. 3 Q. Uh-huh. 4 A. Ansari, A-N-8-A-R-I. 5 Q. And what interest -- ownership interest do you 6 have in it, sir? 7 A. I -- very minor, through a company, third 8 party. 9 Q. Through Badmand? 11 Q. Okay. What was the date of purchase? 12 A. 2009 or '10 again. 13 Q. Do you know the fair -- excuse me, strike that. 14 Do you know the purchase price? 15 A. I don't remember. 16 Q. Okay, sir. Do you know the value now, if you 17 do? 18 A. I don't remember. 19 Q. Well -- 20 A. I have no idea. 21 Q. Okay. That's fair. 22 Any other properties in the United States 23 that you have a interest in of any kind, whether it be 24 use of benefit or ownership? 25 A. I'm trying to think if the business has bought CSI GLOBAL DEPOSITION SERVICES 972-719-5000 105 ROGER FARAHMAND March 4, 2014 1 Q. What was the purchase price? 2 A. At that time, I think it was half a million. 3 Q. It's not a timeshare, is it, sir? 4 A. No. 5 Q. Okay. And is it -- is it -- do you rent it out 6 or do you ... 7 A. I don't. 8 Q. Is it -- who does, if they do? 9 A. Shaya. 10 Q. Okay. So he -- Mr. Shaya is your I don't 11 want to use the wrong word here -- partner or associate 12 in this property, also? 14 Q. Okay. 15 A. He's a dear friend, like like my brother. 16 Q. Okay. Is there only two of you? 17 A. Yes. 18 Q. Could you give me the address of that property, 19 please? 20 A. Sure. 21 Q. Thank you. 22 A. Pedregal, Cabo San Lucas. 23 Q. And that's residential? 24 A. Yes. 25 Q. Down at the good end? CSI GLOBAL DEPOSITION SERVICES 972-719-5000 109 ROGERFARAHMAND March 4, 2014 1 Do you have an interest in a boat? 2 A. Possibly. 3 Q. Okay. Could you tell the Court what "maybe" 4 means as far as your interest in a boat? 5 A. Yes. I don't know if my partner has sold the 6 interest or we still possess it or what happened. 7 Q. Is this your partner Tom? 8 A. No, Tom's not my partner. 9 Q. Okay. Please forgive me, then. 10 You said partner. I hadn't heard anything 11 about a partner except Shaya Shaya -- Shaya. 12 A. You've never asked, but Shaya's my partner, 13 yes 15 A. in that situation. 16 Q. Is that the partner in the boat, also? 18 Q. Okay. What kind of boat is it, please? 19 A. I don't know. It's a boat. I have a picture 20 of -- I mean, I have a little model of it. 21 Q. Have you ever been on it? 23 Q. Does it have a outboard or inboard? 24 A. I don't know. I -- I get seasick. I love 25 fishing but I get seasick. CSI GLOBAL DEPOSITION SERVICES 972-719-5000 Page 1of8 Skip to Main Content Logout My Account My Cases Search Menu New Civil & Family Search Refine Location : All Civil & Family Courts Images !::!§!Q Search Back REGISTER OF ACTIONS CASE No. 417-56531-2013 In the Matter of the Marriage of Roger Arash Farahmand vs. Maryam § Case Type: Divorce with Children Farahmand and in the Interest of § Date Filed: 12130/2013 § Location: 417th District Court § Case Number History: 401-56531-2013 § § Attorneys Petitioner Farahmand, Roger Arash Also Known Ike Vanden Eykel As FARAHMAND, ROGER A. Retained 214-871-2727(W) Rebecca Tillery Retained 214-871-2727(W) Respondent Farahmand, Maryam Robert S Widner Retained 972-979-5700(W) ~Richard J Corbitt Retained 214-744-1234(W) OTHER EVENTS AND HEARINGS 12/30/2013 Original Petition for Divorce (OCA) ~289.00 Emergency(ex parte) request forextraordin ary relief, and request for temporary orders 12/30/2013 Reguest for Citation ~8.00 x1 waiting 12/30/2013 Request for Temporary Restraining Order $8.00 x1 waiting 12/30/2013 Order Temporary Emergency Ex Parle Order and Order Setting Hearing 12/30/2013 Citation Farahmand, Maryam Served 01/02/2014 Returned 01/02/2014 12/30/2013 Temporary Restraining Order Farahmand, Maryam Served 01/02/2014 Returned 01/02/2014 01/10/2014 Subnoena Return - Not DC Issued Que Le Served 11912014 01/10/2014 Subnoen!I Return - Not DC Issued Beth Cook served 11912014 01/14/2014 Temporary Orders Hearing (9:00 AM) (Judi cial Officer Rusch, Mark) 01/14/2014 General Docket Entry Matter reset 01/14/2014 Order Extending Extension of Temporary Emergency Ex Parte Order and Order Setting Hearing 01/24/2014 Request for Copies $1.00/ pg 01/24/2014 Subnoena Return - Not DC Issued Aaron Lilly Served 112312014 01/27/2014 Original Answer Respondent's Original Answer 01/27/2014 Counter Petition ~50.00 Original Counter-Petition for Divorce EXHIBIT 01/27/2014 Rule 11 Agreement Rule 11 Agreement http://cijspub.co .collin. tx. us/secure/CaseDetail.aspx?CaseID= 1273404 7/9/2014 Page 2of8 01/27/2014 Rule 11 Agreement Rule 11 Agreement 01/28/2014 CANCELED Temporary Orders Hearing (9: oo AM) (Judicial Officer Rusch, Mark) Reset 02/04/2014 Motion Maryam Farahmand's Motion for Expedited Hearing for Interim Possession and Access 02/04/2014 Notice of Hearing Notice of Hearing on Motion for Expedited H earing for Interim Possession and Access 02/05/2014 General Docket Entry No action taken by the Court 02/25/2014 Affidavit Affidavit of Business Records of Hannah's House 02/26/2014 Affidavit Business Records Affidavit of Hannah's House February 03/06/2014 Motion Maryam Farahmand's Request to Expand Local 20-Minute Rule for Temporary Orders Hearing 03107/2014 Subi;ioena Return - NQt DC Issued Served 31612014 Asian Ghaffari 03/07/2014 Sub!!Q!!na Return - Not DC Issued served 31612014 Farid Rastegar 03110/2014 Temporary Orders Hearing (9:00 AM) (Judici al Officer Rusch, Mark) 03/10/2014 General Docket Entry Temp Hearing conducted; Ruling dictated; MJR 03/18/2014 Notice of Appearance Appearance of Co-Counsel and Notice of Change in Lead Counsel 03/2112014 Rule 11 Agreement Rule 11 Agreement regarding possession 03/28/2014 Petition (Non - OCAl F0.00 Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce 04/01/2014 Certificate of Dei;iosition (Bill of Cost Form! Maryam Farahmand Reporter Certification 04104/2014 Certificate of De);losition {Bill of Cost Form} Roger Farahmand 04/10/2014 Certificate of De);losition (Bill of Cost Form} Reporters Certification Deposition of Marya m Farahmand March 4,2014 04/21/2014 Certificate Certificate of Written Discovery 04/23/2014 Service Return Return of service on Asian Ghaffari on Nolie e of Intent to take De po. 04/2312014 Letter Hearing Date 0712912014 04/24/2014 Request for Citation $8.00 04/24/2014 Request for Notice $8.00 04/25/2014 Motion Motion for Substitution of Counsel 04/28/2014 Citation Farahmand, Maryam Served 05/02/2014 Returned 05/02/2014 04/28/2014 Notice Farahmand, Maryam Served 05/02/2014 Returned 05/02/2014 04128/2014 Sub(!oena Return - NQt DC Issued Shahrbanoo Khanipour aka Mahnaz Keyani Subpoena served 05/01/2014 Designation of Designation of Attorney in Charge 05/02/2014 Service Return Maryam Farahmand Served Notice 05/02120 14 05/02/2014 Service Return Maryam Farahmand Served Citation 05/0212014 05/02/2014 Agreed Order Agreed Scheduling Order 05/06/2014 Certificate Certificate of Written Discovery 05/08/2014 Certificate Certificate of Written Discovery 05/09/2014 Sub(!oena Return - Not DC Issued Custodian of Records for Syed Shah 05/09/2014 Sub(!oena Return - NQt DC Issued Custodian of Records for Dr. Michael Scott Woods 05/09/2014 Subi;ioena Rjlturn • Not DC Issued Custodian of Records for Thomas Janacek served subp 05/0912014 05/16/2014 Petitioner's Petitioner's Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out-of-State Witness 05/16/2014 Service Return Notice of intent to issue Subpoena Legacy Apartment Homes Served 05114114 05/19/2014 Notice of Hearing Notice of Hearing on Petitioner's Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out-of-State Witness 05/22/2014 Original Answer Maryam Farahmand's Answer to Original Pe tition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce 05/23/2014 Subpoena Return - Not DC Issued Dr Michael Scott Woods 05/23/2014 Sub(!oena Return • Not DC Issued CR for Syed Shah served Subpoena 0512212014 05/23/2014 Sub(!oena Return - Not DC Issued http://cijspub.eo.collin.tx.us/secure/CaseDetail.aspx?CaseID=l273404 7/9/2014 Page 3 of 8 Custodian of Records for Thomas Janacek, M.D. 05/23/2014 Subgoena Return - Not DC Issued Dr Robert Gordon 0512712014 Motion Hearing (9:00 AM) (Judicial Officer Rusch, Mark) Mllssuance of Letters Rogatory and Subpoena to Depose Out-of-State Witness 05127/2014 Appearance of Counsel Notice of Appearance of Counsel 05/27/2014 Response Respondent's Response and Objections to Issuance of Letters Rogatory and Subpoena to Depose an Out-of-state Witness 05/2712014 Certificate Certificate of Marriage 05/27/2014 General Docket Entry Letters Rogatory issued 05127/2014 Order Order for Issuance of Letter Rogatory and Subpoena to Depose an Out of State Witness 05/29/2014 Sub(;!oena Return - Not DC Issued Custodian of Records for Post Legacy Apartments served Subpoena 0512812014 05/29/2014 Certificate Certificate of Written Responses to Discovery 06103/2014 Request for Copies $1.00/ pg x10 06/05/2014 Subpoena Return - Not DC Issued Custodian of Records for Or. Thomas Janacek served subpoena 06/0412014 06/0912014 Notice of Intention to Take Deposition bl£ Written Questions Written Deposition Service transcription of deposition of written questions on Dr. Ghaffari and Bill of Costs 06/09/2014 Designation of Petitioner's Designation of Expert Witnesses 06/09/2014 Motion First Motion to Compel, Motion for Sanctions for Egregious Conduct by a Licensed Attorney and His Client Party and Motion for Interim Attorney Fees and Expenses 06/09/2014 Affidavit Medical Records and Affidavit - Centennial Medical Center of Frisco 06/09/2014 Notice Notice of Filing Business Records Affidavit and Records - Gentennial Medical Center Frisco 06/09/2014 Affidavit Business Records Affidavit - Post Legacy Apartments 06/0912014 Notice Notice of Filing of Business Records Affidavit - Post Legacy A partments 06/09/2014 Notice Notice of Business Records and Affidavit Filing - Sayed Shah, MD. 06/0912014 ~ Medical Records and Affidavit - Sayed Shah, M.D. 06/09/2014 Affidavit Medical Records and Affidavit 06/09/2014 Designation of Respondent's Designation of Expert Witnesses 06/09/2014 Certificate of Written Discovery 06/09/2014 ~ Notice of Filing Medical Records and Affidavit 06/10/2014 Notice Notice of Filing BRA and Records - Dr. Robert Gordon 06/10/2014 Affidavit Medical Records and Affidavit - Dr. Robert Gordon (UNDER SEAL) 06/10/2014 ~ Notice of Filing Records and Affidavit 06/10/2014 Affidavit Medical Records and Affidavit - Texas Health Presbyterian Pia no Hospital Part 1 (UNDER SEAL) 06/10/2014 Affidavit Medical Records and Affidavit - Texas Health Presbyterian Pia no Hospital Part 2 (UNDER SEAL) 06110/2014 Notice Notice of Filing BRA and Records - Dr. Scott Woods 06/10/2014 Affidavit Medical Records and Affidavit - Dr. Scott Woods (UNDER SEAL) 06/10/2014 Affidavit Business Records and Affidavit - Frisco PD 06/10/2014 Notice Notice of Filing of Records and Affidavit - Frisco PD 06/10/2014 Affidavit Business Records and Affidavit - Plano PD 06/10/2014 Notice Notice of Filing BRA and Records - Frisco PD Corrected 06110/2014 ~ Notice of Filing of Records and Affidavit - Plano PD 06/10/2014 Notice Notice of Filing BRA and Records - Arlington PD 06/10/2014 Affidavit Business Records and Affidavit - Arlington PD 06/10/2014 Notice Notice of Filing Business Records and Affidavit - Richardson PD 06/10/2014 Affidavit Business Records and Affidavit - Richardson PD 06/13/2014 Amended Motion Petitioner's First Amended Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out of State Witness http://cijspub.co .collin. tx. us/secure/CaseDetail.aspx?CaseID= 12 73404 7/9/2014 Page 4of8 0611312014 Affidavit Foreign Language Translation and Affidavit - Written Deposition Questions Farsi to English 06113/2014 Affidavit Foreign Language Translation and Affidavit - Video Farsi to English 06113/2014 Affidavit Foreign Language Translation and Affidavit - Video English to Farsi 06/1312014 Affidavit Foreign Language Translation and Affidavit - Written Questions English to Farsi 06113/2014 Original Answer Amicus Attorney's Original Answer in Suit Affecting the Parent- Child Relationship 06/1312014 Designation of Designation of Attorney in Charge 06/13/2014 Notice Petitioner's Notice of Intent lo Take Oral and Video Taped Deposition of Amir Bagherkalantari 06/13/2014 Order of Letters Rogaroty and Subpoena for an Out of State Witness Amir Bagherkalantari 06/1612014 Subpoena Return - Not DC Issued Mary F Wise aka Mariam Farahmand aka Mary Farahmand 06/16/2014 Motion Motion to Sign Temporary Orders 0611612014 Notice of Hearing Notice of Hearing on Motion to Sign Temporary Orders 06/17/2014 ~ Notice of Intent to Take Oral and Video Taped Deposition of Taher El-Badawi 0611712014 Amended First Amended Notice of Intent to Take Oral and Videotaped Deposition of Taher El-Badawi 06/1712014 Notice Petitioner's First Amended Notice of Intent to Take Oral and Video Taped Deposition of Amir Bagherkalantari 06118/2014 Notice of Hearing on Motion to Sign Temporary Orders 0611812014 Amended Motion Petitioner's Second Amended Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out-Of-State Witness 06/1812014 Request for Copies $1.001 pg 06/1812014 Certificate Respondent's Certificate of Written Discovery 06/1812014 General Docket Entry order on letters rogatory signed 06/18/2014 Amended Order of Letters Rogatory and Subpoena for an Out-of-State Witness, Amir Bagherkalantari 06/19/2014 Subpoena Return - Not DC Issued Taher E/-Badawi PhD subpoena served 06/1912014 Motion to Quash Motion to Quash the Subpoena for Witness Depostion!Subpoena Duces Tecum for Mary F. Wise and Request for Sanctions 06/19/2014 Motion to Quash Motion to Quash the Subpoena for Witness Deposition/Subpoena Duces Tecum for Jocelyn McGregor and Request for Sanctions 0611912014 Motion to Quash Motion to Quash the Subpoena for Witness Deposition/Subpoena Duces Tecum for JT Langford alkla Tom Langford and Request for Sanctions 06/19/2014 Notice Petitioner's Second Amended Notice of Intent to Take Oral and Video Taped Deposition of Amir Bagherkalantari 06/1912014 Sybpoena Return· Not DC Issued JT Langford a/k/a Tom Langford 06/1912014 Sybpoena Return - Not DC Issued Jocelyn McGregor 0611912014 Letter Ntc !tr of new time of depo 06119/2014 Letter Ntc Ltr re new date & time of Depo 06/19/2014 Letter Nie Ltr of new date & time of Depo 0612012014 Motion to Quash Motion to Quash the Deposition of Mary Wise and Request for Sanctions 0612012014 Motion to Quash Motion to Quash the Deposition of Jocelyn McGregor and Request for Sanctions 06/2012014 Motion to Quash Motion to Quash the Deposition of JT Langford AKA Tom Langford and Request for Sanctions 06120/2014 Notice of Hearing Notice of Hearing 06123/2014 CANCELED Motion to Sign (9:00 AM) (Judicial Officer Rusch, Mark) Per Attorney TO's 06123/2014 Letter Progress Report for Maryam Farahmand 06/24/2014 Affidavit Business Records and Affidavit of University of Texas At Dallas Police Department 0612412014 Notice Notice of Filing of Records and Affidavit of University of Texas at Dallas Police Department 06/2412014 Notice Notice of Filing of Records and Affidavits of Dallas Police Department 06/2412014 Affidavit Business Records and Affidavits of Dallas Police Department 0612412014 Notice Second Notice of Fifing of Records and Affidavit of the Frisco Police Department 06/2412014 Affidavit Second Business Records and Affidavit of Frisco Police Department http://cijspub.co.collin.tx. us/secure/CaseDetail.aspx?CaseID= 1273404 7/9/2014 Page 5 of 8 06/27/2014 Motion Respondent's Motion for Protective Order Due to Written Objection to Depositions Seeking Affirmative Relief 06/27/2014 Notice of Hearing 06/27/2014 Amended Answer Petitioner's First Supplemental an d Amended Answer to Petitioner's Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce 06/27/2014 Amended Answer Maryam Farahmand's First Amended Answer to Original Petition to Declare Marriage Void 06/27/2014 Certificate Respondent's Certificate of Writte n Discovery 06/27/2014 Amended Petition First Amended Petition to Declare Marriage Void and in the Alternative Second Amended Petition for Divorce 06/3012014 Certificate Cerlificate of Written Discovery 06/30/2014 Supplemental Respondent's First Supplemental and Amended Counter-Petition for Divorce 07/01/2014 Subpoena Return - Not DC Issued Shamsi Damavandi served subpoena 0710112014 07/02/2014 Motion Respondent's Motion for Protective Order Due to Objection to Depositions 07/08/2014 Administrative Order Administrative Order of Assignment (transferring case to the 41 lth) 07/09/2014 Letter Letter regarding Transfer to 41 lth and status of case 07/29/2014 Hearing (9:00 AM) (Judicial Officer Rusch, Mark) on Petiton to void 07/29/2014 Motion To Compel (9:00 AM) (Judi cial Officer Rusch, Mark) 07/29/2014 Protective Order Hearing (9:00 A M) (Judicial Officer Rusch, Mark) Minor Child Total Financial Assessment 2.00 Total Payments and Credits 2.00 Balance Due as of 07/09/2014 0.00 06/13/2014 Transaction Assessment 2.00 06/13/2014 Payment Receipt# DC-47305-2014 . (2.00) Petitioner Farahmand, Roger Arash Total Financial Assessment 556.00 Total Payments and Credits 556.00 Balance Due as of 07/09/2014 0.00 12/30/2013 Transaction Assessment 284.00 12/30/2013 Transaction Assessment 8.00 12/30/2013 Transaction Assessment 8.00 12/30/2013 Payment Receipt# DC-63819-2013 FARAHMAND, ROGER A (300.00) 03/18/2014 Transaction Assessment 2.00 03/18/2014 Payment Receipt # DC-19892-2014 FARAHMAND, ROGER A (2.00) 03/21/2014 Transaction Assessment 2.00 03/21/2014 Payment Receipt# DC-21274-2014 FARAHMAND, ROGER A (2.00) 03/28/2014 Transaction Assessment 72.00 03/28/2014 Payment Receipt# DC-23643-2014 FARAHMAND, ROGER A (72.00) 04/01/2014 Transaction Assessment 2.00 04/01/2014 Payment Receipt# DC-24382-2014 FARAHMAND, ROGER A. (2.00) 04/04/2014 Transaction Assessment 2.00 04/04/2014 Payment Receipt# DC-25524-2014 FARAHMAND, ROGER A (2.00) 04/10/2014 Transaction Assessment 2.00 04/10/2014 Payment Receipt# DC-26831-2014 FARAHMAND, ROGER A (2.00) 04/17/2014 Transaction Assessment 2.00 04/17/2014 Payment Receipt# DC-29154-2014 FARAHMAND, ROGER A (2.00) 04/21/2014 Transaction Assessment 2.00 04/21/2014 Payment Receipt# DC-29986-2014 FARAHMAND, ROGER A. (2.00) 04/23/2014 Transaction Assessment 2.00 04/23/2014 Payment Receipt# DC-30921-2014 FARAHMAND, ROGER A. (2.00) 04/23/2014 Transaction Assessment 2.00 04/23/2014 Payment Receipt# DC-30945-2014 FARAHMAND, ROGER A (2.00) 04/24/2014 Transaction Assessment 8.00 04/24/2014 Transaction Assessment 8.00 04/24/2014 Payment Receipt# DC-31124-2014 Gary Sherman (16.00) 04/28/2014 Transaction Assessment 2.00 04/28/2014 Payment Receipt# DC-32057-2014 FARAHMAND, ROGER A. (2.00) 05/02/2014 Transaction Assessment 2.00 05/02/2014 Payment Receipt# DC-33663-2014 FARAHMAND, ROGER A. (2.00) 05/02/2014 Transaction Assessment 2.00 05/02/2014 Payment Receipt# DC-33664-2014 FARAHMAND, ROGER A. (2.00) 05/06/2014 Transaction Assessment 2.00 05/06/2014 Payment Receipt# DC-34317-2014 FARAHMAND, ROGER A (2.00) http://cijspub.co .coll in. tx. us/secure/CaseDetail.aspx?CaseID= 12 73404 7/9/2014 Filed: 5/27/2014 9:51 :59 AM Andrea S. Thompson District Clerk Collin County, Texas By Wendy Hinojosa Deputy Envelope ID: 1361640 NO. 401-56531-2013 A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § MARYAM FARAHMAND § 401ST JUDICIAL DISTRICT § AND IN THE INTEREST OF § § § A MINOR CHILD § COLLIN COUNTY, TEXAS CERTIFICATE OF MARRIAGE Respectfully submitted, Isl Ike Vanden Evkel IKE VANDEN EYKEL State Bar No. 20485500 E-mail: ike@koonsfuller.com REBECCA TILLERY State Bar No. 24060729 E-mail: tillery@koonsfuller.com KOONSFULLER A Professional Corporation 1717 McKinney Avenue, Suite 1500 Dallas, Texas 75202 (214) 871-2727 (214) 871-0196 Fax Bradford Nace State Bar No. 24007726 E-mail: bnace@nacemotley.com Nace & Motley, LLC 100 Crescent Court, 7th Floor Dallas, Texas 75201 Page 1 of2 (214) 459-8289 (214) 242-4333 Fax CERTIFICATE OF SERVICE I certify that on May 27, 2014, a true copy of the above was e-served on attorneys of record by transmitting a copy to the EFSP during e-filing for transmission to the designated email address or by other means set forth in accordance with Rule 21a of the Texas Rules of Civil Procedure: Robert S. Widner The Widner Family Law Group, PLLC 2911 Turtle Creek Blvd., Suite 405 Dallas, Texas 75219 robertwidner@gmail.com 972.692.8951 (fax) Isl Ike Vanden Eykel IKE VANDEN EYKEL Attorney for Petitioner Page 2 of2 Q3'; ~ P/)er«»t ~b.ytk ~o/lk ~o/dT ..99~ )l!M I @;GZ::~~ J~~~tm-tM 12th ~!/ '/)ecember 20-12_2, S!£_ft_ <()~ _£_ <
····----·-· 4SLAN GHAf"f.ARl - .... Typed or primed lliUll• of pe<>OD pei:fonuing ceremony Address of pciliQD perf~rming ceremony fPlretaMudcwul}fhtfa'e&ndde ~:/.----' __, andfJ.'~tM--~!I'------ l?UtM $i,{5}k:U#n.ent~~ /JJ£,.,1age~ f!Y{~q/~b Yeoan~ e#aeey ~'$P· Yflo1t11fy Yfllafi ~ &tj;vf? 1ll206 Section 2.204 of tli.e Pami{y Code ~rriage License CJJiis llcense cannot 6e usetfprior to: 12/07/2009 3:28 CJXM. }l!Ml'l{. 'Bride 'Returned and Pifedfar 13irtfufc::t_: 11/27/1980 'Record the _day P{ace oJ 'Birth: 1letum License 'TO !M)I £1\,'Y}l!M Cl')l <.!{VIZ 'l(Jf (//JCJ(Jl Signature of Witness Signature of First Party A~LAN GH AFFA«\ Print name of Witness Print name of First Party Signature of Witness Signature of First Party Print name of Witness Print name of First Party State of \r-"1 ....~ County of \)E t.J'"~ } On SeF'i I Affiant _ _ Known_X-Produced ID Type of ID l.CC>l.P- o"1,,Cl 02. -71 (Seal) State of County of } On before me, appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Affiant _ _ Known _ _ Produced ID A~\~ G~Fr:-o.r/ Type of I D - - - - - - - - - - )l 3 s P)'t;: 2' YV\ 01--i T P\(A( e_ (Seal) c (A('(O\ I trrV\ I~ ~0 s. Signature of Preparer 7S:oa~ Print Name of Preparer Address of Preparer p.,_gc 2 it to Grantee and Grantee's heirs, successors, and assigns forever. Granter binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lav.rfully claiming or to claim the same or any part thereof~ except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. This instrument \vas prepared based on infonnation furnished by the parties, and no independent title search has been made. STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on January Ua_, 2009, by Asian Ghaffari. BAIDGITTE M. AVILA .\W COMMISSION EXP/RIOS February 26, 2011 General Warranty Deed, Page 2 Doc-163 current year hnve been prorated and are assumed by Granlee. Tlus conveyance 1s made and accepted subJCCt to any and nJl val!d.ly cxistmg reslncuons. nuneral reservations and mterests. conditions. covenants, easements, and nghts of way, if any, applicable to and enforceable agamst the above described property as now reflecled by the records of the County Clerk m said County and St.ate and to any applicable zoning laws or ordinances. But 111s expressly agreed and sllpulated Uiat lite Vendor's Lien and llle Supenor TiUe arc retau1ed and reserved m favor of tile payee m said note agamst the above described property, pre=es and unprovements. until said note, and all mterest thereon 1s fully paid aecordini; to the focc and tenor, cff<;;ct and reading thereof, when tlus deed shall become absolute. When Uus de<>..d rs executed by one person. or when lhe Gruntee is one person. the mstrument shnll read as though pertmcnt verbs and pronouns were changed to correspond. and when executed by or to a corporanon the words "hetrs, executors and adrrurustrator.:" or "heirs and assigns" shall be construed to mean "Successors and assigns" Dntcd this the 29th d.1y of r:ecerrter, 2011 THE STATE Of TEXAS !1'._,f:':" COUNTY OF~~~~~'""""-"-"'-'--'--'-~- SANDRA J. LANKOW Noury Pub\lc state of Texas t;Qmm, e:~p\ru 07·01•1015 1B.E STATE OF _ _ _ _ _ _ _ _ __ Tius rnstrumcnt was acknowledged before me on ------------~ by - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of _____ ·---------------------~ on bebalf of said corpomuun. RE'lURN 'ID: Notary Public, State of _ _ _ _ _ _ _ _ _ _ _ _ __ HUSSAIN ID>.JANI 1633 PIECM'.JNI' PLACE CARROLL'IGN, TX 75007 Page 2 of2 ROGER FARAHMAND’S RECORD TAB 13 Filed: 7/12/2014 12:20:59 PM Andrea S. Thompson District Clerk Collin County, Texas By Lisa Sharpe Deputy Envelope ID: 1805836 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § 4171h JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § , A CHILD § COLLIN COUNTY, TEXAS RESPONDENT'S OBJECTION TO AND MOTION TO STRIKE PETITIONER'S CERTIFICATE OF MARRIAGE COMES NOW, Maryam Farahmand, the Respondent and Counter-Petitioner in the above-styled and numbered cause, and files this Objection to and Motion to Strike Petitioner'. In support of thereof, Maryam Farahmand (hereinafter the "Respondent") would respectfully show the Court as follows: 1. On March 10, 2014, the Honorable Judge Mark Rusch, presiding over the 401 st Judicial District Court of Collin County, Texas, heard the parties request for Temporary Orders. Relating to the purported marriage license, when it was offered to the Court as evidence, it was not admitted. See Exhibit A, Page 4. See also, Exhibit A, Pages 18-19. Respondent's Motion to Strike Petitioner's Certificate of Marriage llPage 2. Additionally, by the Petitioner's attorney of record's own admissions, the original marriage license prepared by the County Clerk in the year 2009 was never filed and, by statute, expired on the thirty-first (31st) day following issuance. See Exhibit A, Page 18. Thus, Petitioner has actual awareness that the purported "Marriage Certificate" was never filed and has expired by statute. 3. Further, Page 77 of transcript of March 10, 2014, hearing, wherein the Court Reporter noted on the top right hand comer as "Ruling," in relevant part, states, "that license isn't on file, so I don't have a valid prior ceremonial marriage." See Exhibit A, Page 77, Lines 18-20. Therefore, it is the contention of the Respondent that on March 10, 2014, the Court ruled that no formal ceremonial marriage occurred by and between the Respondent and any third party. 4. On or about May 27, 2014, at 9:51 :59 a.m., Petitioner filed a document entitled "Certificate of Marriage" and attached the purported "marriage license" to same. The "Certificate of Marriage" does not contain one (1) sentence in the body of that document and does not reference any discovery production or disclosure responses. This filing occurred more than two (2) months after the March 10, 2014, hearing wherein the Honorable Judge Rusch, in relevant part, stated, "I don't have a valid prior ceremonial marriage." See Exhibit A, Page 77, Respondent's Motion to Strike Petitioner's Certificate of Marriage 2jPagc Lines 18-20. 5. On or about July 11, 2014, counsel for Respondent requested that the Petitioner "please identify the basis or grounds for the filing AND advise if Petitioner is willing to formally withdraw Petitioner's Certificate of Marriage filed on Mary 27, 2014, at 9:51:59 a.m." See Exhibit C. Petitioner's counsel responded to said request as follows: In response to your inquiry, please be advised that the grounds for our pleading can be found within the body of that document, as well as our discovery production and disclosure responses. We do not agree to withdraw it. Your assertion as to the Judge's 'ruling' is patently false and possibly actionable and I would suggest that you read the entire transcript and reconsider your position. I'm happy to discuss the matter further if you wish to do so. See Exhibit C. As Petitioner's Certificate of Marriage contains not even one (1) word or sentence as to the basis of the filing and there are no references to extemporaneous documents, it is the contention of the Respondent that there is no basis for the filing other than an attempt to have the document "judicially noticed" at future hearings and/or at trial. This is improper as the purported "marriage license" has not been admitted as evidence in any hearing, was never filed with the Collin County Clerk, and has expired by its own terms, as judicially admitted by Petitioner's counsel. Respondent's Motion to Strike Petitioner's Certificate of Marriage 31Pagc IV. OBJECTION AND BASIS TO STRIKE attached thereto. It is the contention of the Respondent that Petitioner's "Certificate of Marriage" is a groundless pleading that has no basis in fact and is unwarranted by existing law or a good faith argument for the extension, modification, or reversal of existing law. Tex. Civ. Prac. Rem. Code §9.001. 7. The standard for reviewing whether a pleading is groundless is objective: Did the party and attorneys make a reasonable inquiry into the legal and factual basis of the claim. See Tanner, 856 S.W.2d at 730. The reasonableness of the inquiry is judged by the facts available and the circumstances present at the time the party filed the pleading. Tarrant Cty. v. Chancey, 942 S.W.2d 151, 155 (Tex. App. - Fort Worth 1997, no writ). In the present case, the following facts were known by Petitioner's counsel prior to the filing: > Purported marriage license was never filed with the Collin County Clerk. > Purported marriage license expired by its own terms. > Purported marriage license was not admitted into evidence at the March 10, 2014, hearing. > At the March 10, 2014, hearing, the Presiding Judge, in relevant part, Respondent's Motion to Strike Petitioner's Certificate of Marriage 41Pagc stated, "that license isn't on file, so I don't have a valid pnor ceremonial marriage." See Exhibit A, Page 77, Lines 18-20. Unquestionably, the purported marriage license filed by Petitioner on May 27, 2014, is not valid and wholly void. Petitioner had actual knowledge that the purported marriage license was void and not valid, yet filed the document with the Court anyway. 8. Further, a pleading is frivolous unless each allegation or factual contention has evidentiary support or, for a specifically identified allegation or factual contention, is likely to have evidentiary support after a reasonable opportunity for further investigation, or discovery. TEX. C1v. PRAC. & REM. CODE § 10.001 (3 ). In the present case, Petitioner has failed to provide any evidentiary support or basis for the filing of the purported marriage license. (Note: Petitioner's counsel judicially acknowledged that the purported marriage license was never filed with the Colin County Clerk. Thus, Petitioner's counsel had actual knowledge that it is not a valid marriage license.) Farahmand, after notice and hearing, asks this Court to grant this motion and enter the following orders: Respondent's Motion to Strike Petitioner's Certificate of Marriage SI Page 1. Order Striking Petitioner's Certificate of Marriage filed on May 27, 2014, at 9:51 a.m. in its entirety; 2. Admonishment to Petitioner and/or Petitioner's Counsel of Record for filing a groundless and frivolous pleading; 3. Awarding attorney's fees to Respondent for the preparation and filing of this motion; 4. Respondent further asks for any and all such other relief, either at law or equity to which she may show herself to be justly entitled. Respondent's Motion to Strike Petitioner's Certificate of Marriage 6jPagc Respectfully submitted, By: Isl Robert S. Widner Robert S. Widner Texas State Bar No. 00792092 Telephone No.: 972-979-5700 Facsimile No.: 972-692-8951 Electronic Address robertwidner@gmail.com DAWN ~u:;s, By: /M_l/.al1 rak Dawn M. Grams Horak Texas State Bar No. 24036667 Telephone No.: 469-644-7442 Facsimile No.: 214-572-6893 Electronic Address: dgrams@msn.com ATTORNEYS FOR RESPONDENT AND COUNTER-PETITIONER MARYAM FARAHMAND Respondent's Motion to Strike Petitioner's Certificate of Marriage 71Pagc CERTIFICATE OF CONFERENCE I, the undersigned attorney, Dawn M. Grams Horak, hereby certify to the Court that I have attempted to confer with opposing counsel in an effort to resolve the issues contained in this motion without the necessity of Court intervention. Specifically, emails were exchanged by and between counsel and are attached hereto as Exhibit C. Therefore, the parties have not been able to come to an amicable resolution to this matter without the necessity of the Court's intervention. Certified to as of this 1th day of July, 2014. /s~Ju/orak DAWN M. GRAMS HORAK Respondent's Motion to Strike Petitioner's Certificate of Marriage SI Page CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing has been forwarded to the following parties via the manner reflected below, in Mr. Ike Vanden Eykel VFacsimile 214-871-0196 Ms. Rebecca Tillery Certified Mail/Return Receipt Requested Koons Fuller, P.C. U.S. First Class Mail 1717 McKinney Avenue, Suite 1500 /other Dallas, Texas, 75202 ike@koonsfuller.com tillery@koonsfuller.com Reagan@koonsfuller.com v'E-Service Mr. Bradford Nace tl"Facsimile 214-242-4333 Nace & Motley, LLC Certified Mail/Return Receipt Requested 100 Crescent Court, ih Floor U.S. First Class Mail Dallas, Texas, 75201 vother bnace@nacemotley.com E-Service Ms. Diana L. Porter Facsimile 972-548-2349 Diana L. Porter, P.C. Certified Mail/Return Receipt Requested 103 E. Virginia Street, Suite 201 U.S. First Class Mail McKinney, Texas 75069 V'Other dporter@collincountydivorce.com Pursuant to Request of Attorney Certified to as of this 12"' day of~ s orak DAWN M. GRAMS HORAK Respondent's Motion to Strike Petitioner's Certificate of Marriage 9jPage 1 Hearing March 1.0, 201.4 3 TRIAL COURT CAUSE NO. 401-56531-2013 4 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF 5 ROGER ARASH FARAHMAND AND COLLIN COUNTY, TEXAS 6 MARYAM FARAHMAND 7 AND IN THE INTEREST OF 401st JUDICIAL DISTRICT 8 11 12 HEARING 13 18 19 On the 10th day of March, 2014, the following 20 proceedings came on to be held in the above-titled and 21 numbered cause before the Honorable Mark J. Rusch, Judge 22 Presiding, held in McKinney, Collin County, Texas. 23 Proceedings reported by computerized machine 24 shorthand. 25 Kimberly Tinsley, CSR #3611 (972) 548-4247 2 Hearing March 10, 2014 2 Bradford Winston Nace SBOT NO. 24007726 Attorney at Law 3 100 Crescent Court 7th Floor 4 Dallas, TX 75201 Telephone: ( 214) 4 5 9- 8289 5 Attorney for Petitioner Roger Farahmand 6 8 Richard J. Corbitt SBOT NO. 04817000 Attorney At Law 9 6440 N. Central Expwy. suite 402 10 Dallas, TX 75208 Telephone: (214)744-1234 ll Attorney for Respondent Maryam Farahmand 12 14 15 16 18 19 20 21 22 Kimberly Tinsley, CSR #3611 (.972) 548-4247 3 Hearing March l0 1 20l4 4 Proceedings begin .............................. 5 1 5 Witness Direct Cross Voir Dire ASLAN GHAFFARI 6 By Mr. Nace 11 1 By Mr. Corbitt 13 1 7 By Mr. Nace 17 1 By Mr. Corbitt 20 1 8 By Mr. Nace 21 1 9 FARID RASTEGAR By Mr. Nace 23 1 10 By Mr. Corbitt 26 1 By Mr. Nace 27 1 11 ROGER FARAHMAND 12 By Mr. Nace 29 1 By Mr. Corbitt 38 1 13 MICHAEL SCOTT WOODS 14 By the Court SS 1 17 Court's Ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 1 18 Adjourned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 1 19 Reporter's Certificate . . . . . . . . . . . . . . . . . . . . . . . . 105 1 20 Kimberly Tinsley, CSR #3611 (972) 548-4247 4 Hearing March 10 1 2014 3 Farahmand, Roger 29 38 1 Ghaffari, Aslan 11,17 20 13 1 4 Ghaffari, Aslan 21 1 Gordon, Robert 68 1 5 Rastegar, Farid 23,27 26 1 Woods, Michael Scott 55 1 6 13 1 Marriage License dated 18 1 12/12/2009 14 2 Video of 12/12/2009 on 25 25 1 15 DVD 16 3 Supporting Affidavit of 30 1 Roger Farahmand 17 4 Roger Farahmand's 31 31 1 18 Summary of Requests 19 Kimberly Tinsley, CSR #3611 (972) 548-4247 18 Aslan Ghaffari - March 10, 2014 Direct Examination by Mr. Nace 1 THE COURT: Sustained. 2 MR. NACE: We 1 ll offer. 3 THE COURT: Does it have a number on it? 4 MR. NACE: Yes, Your Honor, Petitioner's 1. 5 MR. CORBITT: Predicate has not been 6 issued. 7 THE COURT: Let me see it, please. 8 MR. NACE: Yes, Your Honor. 9 (Document present to the Court) 10 THE COURT: Mr. Nace, I have what appears 11 to be a Xerox copy. I don't see a clerk's stamp on here 12 anywhere. 13 MR. NACE: Your Honor, we have the original 14 with another witness. That is a copy. 15 THE COURT: Why isn't the original of a 16 marriage license on file with my clerk? 17 MR. NACE: From what I understand, to file 18 it that was their responsibility through her family. But 19 the original does exist. 20 THE COURT: Where is the original? 21 MR. NACE: My client can better answer that 23 in this case, our chain of custody, we want to make sure 24 we're keeping things intact. 25 THE COURT: His objection is sustained at Kimberly Tinsley, CSR #3611 (972) 549-4247 19 Aslan Ghaffari - March 10, 2014 Direct Examination by Mr. Nace 1 this point in time. 2 MR. NACE: May I re-approach the witness? 4 Q. (By Mr. Nace) Sir, re-handing you this particular s exhibit, when you perform these weddings before, do you 6 typically sign off as a witness having performed a 7 wedding ceremony? 8 MR. CORBITT: Please the Court, objection 9 as to any relevancy regarding what he's done in the past. 10 We're only worried about 11 THE COURT: Overruled. 12 INTERPRETER: Can you repeat the question? 13 Q. (By Mr. Nace) Yes. With regard to the eight to 14 ten wedding ceremonies Mr. Ghaffari has performed in his 15 years, does he typically sign and certify that the 16 parties were united in marriage? 17 A. Usually I write the name of the couple, the 18 people who are getting married, in the marriage portion 19 and all the information in a piece of paper and they sign 20 it. 21 Q. And there's no question in Mr. Ghaffari's mind 22 that this piece of paper that I offered as Exhibit 1 is 23 his signature and nobody else's? 24 A. This is my signature for sure. 25 MR. NACE: Pass the witness. Kimberly Tinsley, CSR #3611 (972) 548-4247 77 Ruling March 10, 2014 1 period. This child does not leave the United States, 2 period. 4 psychological course of treatment with Dr. Woods, if that 5 involves counseling, medication, or whatever, and to 6 abide by and follow all of his orders and instructions. 7 Mr. Gordon is a forensic guy, you can continue with him, 8 or not. I'm not ordering you to. I'm not forbidding you 9 to. Dr. Woods is the main primary treatment guy. You 10 will continue in your treatment with Dr. Woods. 11 Everyone in this room understand that if 12 somebody has a chemical imbalance in their brain, I don't 13 hold it against them if they are dealing with it 14 appropriately. 15 Now, I've got an eight-month-old kid. And 16 Mr. Nace, just so you'll know, while this testimony about 17 another wedding is interesting, even assuming for the 18 sake of discussion that some ceremony was performed, that 19 license isn't on file, so I don't have a valid prior 20 ceremonial marriage. I may or I may not have a valid 21 informal marriage and that would certainly be some 22 evidence of it. But you're miles from at the very least 23 cohabitation. So at least today, I'm not -- don't have 24 any concerns about there being a bigamy situation. That 25 doesn't mean there isn't one. I'm just saying today, in Kimberly Tinsley, CSR #3611 (972) 549-4247 105 Hearing March 10 1 2014 4 for the 401st District Court of Collin County, State of 5 Texas, do hereby certify that the above and foregoing 6 contains a true and correct transcription of all portions 7 of evidence and other proceedings requested in writing by 8 counsel for the parties to be included in this volume of 9 the Reporter's Record in the above-styled and numbered 10 cause, all of which occurred in open court or in chambers 11 and were reported by me. 12 I further certify that this Reporter's Record of the 13 proceedings truly and correctly reflects the exhibits, if 14 any, offered by the respective parties. 15 I further certify that the total cost for the 16 preparation of this Reporter's Record is $624.50 and was 17 paid by Counsel for Petitioner, Roger Farahmand. 18 WITNESS MY OFFICIAL HAND on this, the 3rd day of 19 April, 2014. Digitally signed by Kimberly Tinsley 20 Date: 2014.04.03 22:42:50 -05'00' Kimberly Tinsley, CSR 21 Texas CSR #3611 Official Court Reporter 22 401st District Court Collin County, Texas 23 2100 Bloomdale Rd, Suite 30030 McKinney, Texas 75071 24 Telephone: (972) 548-4247 E-mail: ktinsley@co.collin.tx.us 25 Expiration: 12/31/15 Kimberly Tinsley, CSR #3611 (972) 548-4247 ... ":,·• QI;~''!! W'(mJ()?1, QX/ulfl()IJf(iredbyJAe 2zu;u,oftAe cllkteo/cff"'mw Q% ~wale rffk ~ o{G/ltabrimtO'l"/I Vlt. IA~ ~16 of'eTem6. GREEl."INfi: l'Otb AU ftU\l:ltW M1*m~~OlOSOlEMIRI: 1"£ .J6>~~/t'Je.A,. )1.9d I(}{, CB)I qm (}{,'1(,Jl.£)1!N1T}1. ~ amf ~~'Y)f.:M (}>)1. ~~t/w~, ~~fU!lkHlltu~~~. 6)#httl10 ":?' :!f'ktd?at~ mulkal!!I~ ..9'.I!!J!cem ~~, .~, /MJ, tM 4i1z ~ !!/ {iJ'et'emOe/t !?009 <;2/iaeey .%1Y'. rmo1111t_y <©'ter.k ~Gt':~~ JA.e"/?- cf/, f h'/lorit Sigruuurc or PCISOa perfonning Ccmnooy 45 LAN Ty~~~1~6Je or pcnon perfonning ceremony P.. HD . i'I ""Co .. o., 1itlo or porM>n potformiag ceremony Ca /11 n. ~l.MW.b 1,·.1 .+. ----if 6 33 rild"tOll' fl Carrollton' '7h175 - Addre.. ofpcnon pcrfonning ccr.mony ~a?tdjfkxlfare«wdt/w ~!!/. , __ . and~~ ~ !!/. mu'UJ $,,~'ltl/'nent~lkr- 1:.2os Section 2.204 ofthe Pami{y Coae 'Marriaae License 'Tfi.is B.cense cannot 6e usetfprior to: 12/07/2009 3:28 fJ!'.M. ;t9rt.I
'Retumea and'Fi{ecffor 'Bride 'Birtfufay: 11/27/1980 'Recora tfie _lay Pface oJ ':Birth.: 'Teti.ran, l 'Return License 'T'o !Jl(/l~'Y)lM <.P}I CJto/IZ 'l(Jff.fto/I 15025 'FJl.~CM'E ~ VCHYl.
A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § MARYAM FARAHMAND § 401ST JUDICIAL DISTRICT § AND IN THE INTEREST OF § § , § A MINOR CHILD § COLLIN COUNTY, TEXAS Isl Ike Vanden Eykel IKE V ANDEN EYKEL State Bar No. 20485500 E-mail: ike@koonsfuller.com REBECCA TILLERY State Bar No. 24060729 E-mail: tillery@koonsfuller.com KOONSFULLER A Professional Corporation 1717 McKinney Avenue, Suite 1500 Dallas, Texas 75202 (214) 871-2727 (214) 871-0196 Fax Bradford Nace State Bar No. 24007726 E-mail: bnace@nacemotley.com Nace & Motley, LLC 100 Crescent Court, 7th Floor Dallas, Texas 75201 CERTIFICATE OF SERVICE I certify that on May 27, 2014, a true copy of the above was e-served on attorneys of record by transmitting a copy to the EFSP during e-filing for transmission to the designated email address or by other means set forth in accordance with Rule 2la of the Texas Rules of Civil Procedure: Robert S. Widner The Widner Family Law Group, PLLC 2911 Turtle Creek Blvd., Suite 405 Dallas, Texas 75219 ro bertwidner@gmail.com 972.692.8951 (fax) Isl Ike Vanden Evkel IKE VANDEN EYKEL Attorney for Petitioner Page 2 of2 Q7;, Q}'/;11/ '!nnon cddf~&yt/w ~ o/tlw ~ojdTm= Qi;~ Gflk Pl?t®ofG'lfatri'~ri11.Jlw ~o/rff'aiw. GREE~,,_.NG: l'Oil AM KtM.8Y Mj11'0ft~l010 SOlEUtl£ ntt ..9"8dweoz. J19d I cfl. [lh~(lri'e - - Sign•rureof Pef.On.~fonalng-Ceremony ______ 4SLAN GHArFAR1 --- - - - - Typed or prinred name of penon pafonning ceromony P.HD • ' . -,..,- "'~c0-0au Titleofpe,,;;,~perfu.:iningceromouy Cail1n; ?&;~ 1(33 f'il'Ji.ionTf/. Carr~l/f~n, Texas - Address of person perf~nning ceremony (f5/fe.taMted wuljtkd_fl,y, ree Jh {5Jf;;,:ran.ent 9~,k,.: ~laf/6 ~ {fjJ['~ qi~~" C@o~ (.)J/aeey ~1$/J. <@01t11~ <@(et'h @IJ} &tp«f/ 152()6 Section 2.204 of the Pami{y Code 1Ytarriage Lice1ise rrfiis {frense cannot 6e useaprior to: 12/07/2009 3:28 (fXM_ }fgttl(_f( 'Return License 'IO ~fl From: Ike Vanden Eykel In response to your inquiry, please be advised that the grounds for our pleading can be found within the body of that document, as well as our discovery production and disclosure responses. We do not agree to withdraw it. Your assertion as to the Judge's 'ruling' is patently false and possibly actionable and I would suggest that you read the entire transcript and reconsider your position. I'm happy to discuss the matter further if you wish to do so. Ike Ike Vanden Eykel, Firm cEo lke(@koonsfuller.com (Bio) (Website) (Vcard) KoonsFuller 1717 McKinney, Suite 1500, Dallas. Texas 75202, 214 871-2727, 214 8'71-01 facsimile 5700 West Plano Parkway, Suite 2200, Plano, Texas 75093, 972 769-2727, 972 769-0313 facsimile 181 Grand Ave, Suite 225, Southlake, Texas 76092, 817 481-2710, 817 481-2637 facsimile 320 West Eagle Drive, Suite 200, Denton, Texas 76201, 940 442-6677, 940 442-6671 facsimile 109 North Post Oak Lane, Suite 425 Houston, Texas 77024, 713-789-5112, 713-789-5123 facsimile Confidentiality Notice This e-rna1I message for the sole of intended recip1ent(s) and may cont;:iin confidential privileged information exempt from disclosure under applicable law. Unauthorized review. disclosure. or distribution is strictly prohibited If you are not intended recipient. please contact the sender by reply e-·rnail and destroy all original copies of the Thi':lnk you On Jul 11, 2014, at 12:38 PM, Dawn Horak Dear Counsel, Please allow this correspondence to serve as a certificate of conference on Respondent's intent to file a Motion to Strike and for possible Sanctions on the following matter: »On March 10, 2014, during a hearing, Petitioner presented the Court a duplicate of the purported "marriage license" of Respondent and a third party. »On March 10, 2014, Petitioner's counsel of record, Bradford Nace, judicially admitted that same was never filed with the Clerk in the year 2009 or in the year 2010. »On March 10, 2014, the Honorable Judge Rusch ruled that there was no "valid prior ceremonial marriage." »Thus, although Judge Rusch has formally ruled that (1) there is no valid ceremonial marriage by and between Respondent and Amir Bagherkalantari, in May 2014 Petitioner's counsel of record filed same with the Court. At your earliest convenience, please identify the basis or grounds for the filing AND advise if Petitioner is willing to formally withdraw Petitioner's Certificate of Marriage filed on Mary 27, 2014, at 9:51:59 a.m. 1 I thank you for your time and consideration regarding this matter. Sincerely, Dawn M. Grams Horak Dawn M. Grams, P.C. P.O. Box 924, Grapevine, Texas, 76099 Telephone No.: 469-644-7442/Facsimile No.: 214-572-6893 Circular 230 Notice. The following disclaimer is included to comply with and in response to U.S. Treasury Department Circular 230 Regulations. ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN BY THE WRITER TO BE USED, AND NOTHING CONTAINED HEREIN CAN BE USED BY YOU OR ANY OTHER PERSON, FOR THE PURPOSE OF (I) AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW, OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX- RELATED TRANSACTION OR MATTER ADDRESSED HEREIN. CONFIDENTIALITY NOTICE: This electronic message is intended to be viewed only by the individual or entity to whom it is addressed. It may contain information that is privileged, confidential, and exempt from disclosure under applicable laws. Any dissemination, distribution, or copying of this communication is strictly prohibited without prior permission. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any and copies. 2 ROGER FARAHMAND’S RECORD TAB 14 Filed: 7/15/2014 10:34:27 PM Andrea S. Thompson District Clerk Collin County, Texas By Mindi Johns Deputy Envelope ID: 1836401 CAUSE NO. 417-56531-2013 A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGER ARASH FARAHMAND § .AND § 417th JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § § § A MINOR CHILD. § COLLIN COUNTY, TEXAS RESPONDENT'S HYBRID MOTION FOR PARTIAL SUMMARY JUDGMENT ON PETITIONER'S ALLEGATIONS OF PRIOR MARRIAGE TO AMIR BAGHERKALANTARI COMES NOW, Maryam Farahmand, the Respondent in the above-styled and numbered cause, and files this Hybrid Motion for Partial Summary Judgment on Petitioner's Allegations of Prior Marriage to Amir Bagherkalantari. In support of this motion, Maryam Farahmand would respectfully show the Court as follows: III. Summary of Motion ............ 6 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 1 IV. Summary Judgment Evidence 8 A. Respondent Seeks A Partial Motion For 9 Summary Judgment, Based Upon The No Evidence Motion For Summary Judgment Standard, On Petitioner's Burden To Prove A Valid Former Marriage By And Between Respondent And Amir Bagherkalantari And Its Continued Validity (No Evidence Motion for Partial Summary Judgment) (1) Standard for No Evidence Motion for ............ 9 Summary Judgment (2) Petitioner Has Had Adequate Time for 10 Discovery (3) Basis of Motion 11 a. Challenged Element Number 1: No valid 17 formal or ceremonial marriage - No Evidence of Person Authorized to Conduct Ceremony Per Tex. Fam. Code §2.202 (a)(l) b. Challenged Element Number 2: No valid 18 formal or ceremonial marriage - No Evidence of Person Authorized to Conduct Ceremony - Tex. Fam. Code §2.202 (a)(2) c. Challenged Element Number 3: No valid . . . . . . . . . . . . 20 formal or ceremonial marriage - No Evidence of Person Authorized to Conduct Ceremony - Tex. Fam. Code §2.202 (a)(3) d. Challenged Element Number 4: No valid ... . . . . . .. . . 21 formal or ceremonial marriage - No Evidence 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 2 of Person Authorized to Conduct Ceremony - Tex. Fam. Code §2.202 (a)(4) e. Challenged Element Number 5: No valid .. . . . . ... . . . 23 formal or ceremonial marriage - No Evidence of Person Authorized to Conduct Ceremony- Tex. Fam. Code §2.202 (a)(5) f. Challenged Element Number 6: No valid . . . . . . . .. . . . 24 formal or ceremonial marriage - No Evidence of Person Authorized to Conduct Ceremony - Tex. Fam. Code §2.202 (b) g. Challenged Element Number 7: No valid . .. ... ... ... 26 formal or ceremonial marriage - No Evidence of Person Authorized to Conduct Ceremony - Tex. Fam. Code §2.202 (c) h. Challenged Element Number 8: No valid .. . ... ... . .. 27 formal or ceremonial marriage - No Evidence of Person Authorized to Conduct Ceremony - Tex. Fam. Code §2.202 (d) i. Challenged Element Number 9: No valid . . . . . . . . . . . . 29 formal or ceremonial marriage - No Evidence of Person Authorized to Conduct Ceremony - Tex. Fam. Code §2.202 (b ). J. Challenged Element Number 10: No valid ... .. .. . . . . . 30 formal or ceremonial marriage - No Evidence of Return of License - Tex. Fam. Code §2.206(a) k. Challenged Element Number 11: No valid . . . . . .. .. . . . 31 formal or ceremonial marriage - No Evidence of Offense for Non-Return of License - Tex. Fam. Code §2.206(b) 1. Challenged Element Number 12: No valid . . . . . . . . . . . . 33 formal or ceremonial marriage - No Evidence 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page3 of Reasonable Appearance of Unauthorized Person -Tex. Fam. Code §2.302(1). m. Challenged Element Number 13: No valid .. . . .. ... . . . 35 informal or common law marriage - No Evidence of Party Treating Marriage as Valid- Tex. Fam. Code §2.302(2). n. Challenged Element Number 14: No valid ...... ...... 36 informal or common law marriage - No Evidence of Signed Declaration of Informal Marriage -Tex. Fam. Code §2.401 (a)(l). o. Challenged Element Number 15: No valid .. . ....... .. 38 informal or common law marriage - No Evidence of Signed Declaration of Informal Marriage - Tex. Fam. Code §2.401 (a)(2). p. Challenged Element Number 16: No Evidence . . . . . . . . . . . . 40 of No Evidence of Agreement to Have A Present, Immediate, and Permanent Marital Relationship q. Challenged Element Number 17: No Evidence ... . . . . . . .. . 41 of Agreement to be Husband and Wife r. Challenged Element Number 18: Novalid . .. . . . . . . ... 42 informal or common law marriage - No Evidence of Holding Out s. Challenged Element Number 19: No valid .. .. .. .. . . . . 43 informal or common law marriage - No Evidence of Holding Out t. Challenged Element Number 20: No ············ 44 Evidence of Continued Valid Marriage By And Between Respondent And Amir Bagherkalantari (4) Summary ............ 45 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page4 B. Motion For Traditional Summary Judgment Based Upon Disproving An Essential Element Of Petitioner's Cause Of Action That Her Most ............ 46 Recent Marriage Is Void Due To A Prior Marriage - Either Formal or Informal (1) Standard for Traditional Motion for Summary ............ 47 Judgment (2) Basis of Motion ............ 48 (a) Formal or Ceremonial Marriage ............ 48 (1) Section 2.201 of the Texas Family Code ............ 51 (2) Section 2.202 of the Texas Family Code ''•I I I I I I I I I 53 (3) Section 2.2032 of the Texas Family Code Ill I I I I I I I I I 56 (4) Section 2.206 of the Texas Family Code ............ 57 (b) Informal or Common Law Marriage ............ 59 (1) Section 2.401 of the Texas Family Code ............ 60 (2) Section 2.401 of the Texas Family Code ............ 61 (3) Summary ............ 63 a. Petitioner is Roger Arash Farahmand (hereinafter the "Petitioner"). b. Respondent is Maryam Farahmand (hereinafter the "Respondent"). 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 5 c. The minor child is He is represented by Diane L. Porter. 2. The pleadings on file are summarized in Exhibit A attached hereto and incorporated herein by reference as if set forth fully herein. 3. Discovery in this suit is governed by an Agreed Scheduling Order entered on or about May 2, 2014. Ill. SUMMARY OF MOTION 5. Respondent moves for partial summary judgment based upon both traditional summary judgment grounds and no-evidence summary judgment grounds. A party may, in a single motion, present grounds appropriate for a traditional summary judgment and grounds appropriate for a no-evidence summary judgment. See Binur v. Jacobo, 135 S.W.3d 646, 650-51 (Tex. 2004). This motion is sometimes called a hybrid motion for summary judgment. See Young Ref Corp. v. Pennzoil Co., 46 S.W.3d 380, 385 (Tex. App. -Houston [1st Dist.] 2001, pet. denied). The party should specify the standard on which the summary judgment is sought. See, e.g., Waite v. Woodard, Hall & Primm, P.C., 137 S.W.3d277, 281 (Tex. App. -Houston [1st Dist.] 2004, no pet.). In the present case, Respondent shall present the basis for which she is entitled to partial summary judgment based upon Petitioner's allegations of a purported prior marriage by and between Respondent and Amir Bagherkalantari. Respondent 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 6 would show: >- Respondent seeks a motion for summary judgment, based upon the no evidence motion for summary judgment standard, on Petitioner's burden to prove a valid former marriage by and between Respondent and Amir Bagherkalantari and its continued validity. Estate of Claveria v. Claveria, 615 S.W.2d 164, 166 (Tex. 1981) and Tex. Fam. Code §1.102. As Petitioner is the party attacking the validity of the most recent marriage, Petitioner has the burden of proving a valid prior marriage. Respondent is challenging 20 elements that are the bases to prove either a formal or ceremonial marriage or an informal or common law marriage. Said challenged elements are identified in Paragraphs 16-50 below and summarized in Paragraph 15 below. ~ Respondent seeks a motion for summary judgment, based upon the traditional motion for summary judgment standard, due to her disproving at least one ( 1) essential element of Petitioner's cause of action or burden of proof. Specifically, Respondent is providing competent summary judgment evidence that conclusively establishes that the following statutory requirements identified in the Texas Family Code that are required to establish a formal or ceremonial marriage have been disproved: §§2.201, 2.202, 2.203, and 2.206. Additionally, Respondent is 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 7 providing competent summary judgment evidence that conclusively establishes that the following statutory requirements identified in the Texas Family Code that are required to establish a informal or common law marriage have been disproved: §2.401. 6. In support of Respondent's Motion for Summary Judgment, Respondent presents the following competent summary judgment evidence: Exhibit A A true and correct duplicate of the Summary of Pleadings. Exhibit B A true and correct duplicate of the Affidavitof Maryam Parviz-Khyavi Farahmand. Exhibit C A true and correct duplicate of the Foreign Language Translation and Affidavit filed by Petitioner on or about June 13,2014. Exhibit D A true and correct duplicate of the following pages of the March 10, 2014, Hearing transcription: Pages 1-4, 13-19, 105, and Exhibit P-1. Exhibit E A true and correct duplicate of Petitioner's Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce. Exhibit F A true and correct duplicate of the Affidavit of Dawn M. Grams Horak. Each of the above-listed competent summary judgment evidence is incorporated herein by reference as if set forth fully herein for all purposes. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 8 V. ARGUMENTS & AUTHORITIES 7. Respondent incorporates Paragraphs 1-6 by reference as if fully set forth herein. A. RESPONDENT SEEKS A PARTIAL MOTION FOR SUMMARY JUDGMENT, BASED UPON THE No EVIDENCE MOTION FOR SUMMARY JUDGMENT STANDARD, ON PETITIONER'S BURDEN To PROVE A VALID FORMER MARRIAGE Bv AND BETWEEN RESPONDENT AND AMIR BAGHERKALANTARI AND ITS CONTINUED VALIDITY (No EVIDENCE MOTION FOR PARTIAL SUMMARY JUDGMENT) 8. The purpose of the no-evidence summary judgment procedure, which is modeled after federal summary judgment practice, is to pierce the pleadings and evaluate the evidence to see if a trial is necessary. See Benitz v. Gould Group, 27 S.W.3d 109, 112 (Tex. App. - San Antonio 2000, no pet.).To accomplish this, the no- evidence summary judgment procedure is designed to isolate and dispose of claims or defenses not supported by facts. See Cf Celotex. Corp. v. Catrett, 477 U.S. 317, 323- 24, 106 S. Ct. 2548, 2553 (1986). In the present case, Respondent's Motion for Summary Judgment is proper because Petitioner has failed to provide evidence raising a genuine issue of material fact to prove a valid prior and existing marriage of Respondent, for which he has the burden of proof at trial. (1) STANDARD FOR No EVIDENCE MOTION FOR SUMMARY JUDGMENT 9. The purpose of the no-evidence summary judgment procedure, which is modeled after federal summary judgment practice, is to pierce the pleadings and evaluate the evidence to see if a trial is necessary. Benitz v. Gould Group, 27 S.W.3d 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page9 109, 112 (Tex. App. - San Antonio 2000, no pet.). To accomplish this, the no-evidence summary judgment procedure is designed to isolate and dispose of claims or defenses not supported by facts. Cf. Celotex. Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S. Ct. 2548, 2553 (1986). In the present case, Respondent's Motion for Summary Judgment is proper because Petitioner has failed to provide evidence raising a genuine issue of material fact on the essential elements to prove a valid marriage by and between Respondent and Amir Bagherkalantari. (2) PETITIONER HAS HAD ADEQUATE TIME FOR DISCOVERY 10. The no-evidence motion for summary judgment should be filed after the nonmovant has had "an adequate time for discovery." Tex. R. Civ. Pro. 166a(i); Morehouse v. Chase Manhattan Bank, 76 S.W.3d 608, 612 (Tex. App. -San Antonio 2002, no pet.). However, the rule does not require that discovery be completed. Specialty Retailers v. Fuqua, 29 S.W.3d 140, 145 (Tex. App. - Houston [14th Dist.] 2000, pet. denied.). 11. However, to further determine whether the nonmovant had an adequate time for discovery, courts examine some of the following factors: (a) the nature of the claim, (b) the evidence necessary to controvert the motion, (c) the length of time the case was on file, (d) the length of time the no-evidence motion was on file, (e) whether the movant requested stricter deadlines for discovery, (e) the amount of discovery already conducted, and (f) whether the discovery deadlines in place were specific or 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 10 vague. Restaurant Teams Int 'l v. MG Sec. Corp., 95 S.WJd 336, 339 (Tex. App. - Dallas 2002, no pet.)(7 month old case); Martinez v. City ofSan Antonio, 40 S.W.3d 587, 591 (Tex. App. - San Antonio 2001, pet. denied)(5-year old case); see also McClure v. Attebury, 20 S.W.3d 722, 729 (Tex. App. -Amarillo 1999, no pet.)(need for discovery minimal because issue was a question of law.) In the present case, this issue has been on the Court's docket from the date ofMarch28, 2014, the date of filing of the Original Petition to Declare Marriage Void. On or about Mary 2, 2014, the parties entered into an Agreed Scheduling Order providing that discovery would close on or about June 27, 2014. Thus, Petitioner has had adequate time for discovery. (3) BASIS OF MOTION 12. Respondent seeks partial summary judgment on Petitioner's allegation that "Respondent was already legally married" to Amir Bagherkalantari at the time of her marriage to Petitioner. See Page 2, Section I, Paragraph 7, entitled "Grounds" that, in relevant part, states, "The purported marriage is void and of no effect under the provisions of section 6.202 of the Texas Family Code because Respondent was already legally married." Tex. Fam. Code§ 6.202.The Texas Family Code and supporting case law places the burden of proving a valid prior marriage on the person alleging same. Specifically, Section 1.102 of the Texas Family Code states, "When two or more marriages of a person to different spouses are alleged, the most recent marriage is presumed to be valid as against each marriage that precedes the most recent marriage 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 11 until one who asserts the validity of a prior marriage proves the validity of the prior marriage." Tex. Fam. Code §1.102. Petitioner's allegations against Respondent, as identified in his Original Petition to Declare Marriage Void, are as follows: Petitioner and Respondent entered into a purported marriage on July 28, 2012. The purported marriage is void and of no effect under the provisions of section 6.202 of the Texas Family Code because Respondent was already legally married. The prior marriage of Respondent was to Amir Bagherkalantari and occurred o or about December 12, 2009. Respondent's marriage to Amir Bagherkalantari was never dissolved by divorce or annulment or terminated by the death of Amir Bagherkalantari. 14. In the present case, Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity. Estate of Claveria v. Claveria, 615 S.W.2d 164, 166 (Tex. 1981). Section 1.102 of the Texas Family Code further states that the most recent marriage is presumed to be valid as against each marriage that precedes the most recent marriage until one who asserts the validity of a prior marriage proves the validity of the prior marriage. Tex. Fam. Code 1.102. The Court in Loera v. Loera held that the party attacking the validity of the marriage has a burden to 'introduce sufficient evidence, standing alone, to negate the dissolution of the prior marriage." Loera v. Loera, 815 S. W.2d 910, 911 (Tex. App. - Corpus Christi 1991, no writ). 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 12 15. Respondent seeks a partial no evidence summary judgment based upon Petitioner's failure to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the following challenged elements: a. Challenged Element No. 1 No valid formal or ceremonial marriage - No Evidence of Person Authorized to Conduct Ceremony Per Tex. Fam. Code §2.202 (a)(l) b. Challenged Element No. 2 No valid formal or ceremonial marriage Conduct Ceremony-Tex. Fam. Code §2.202 (a)(2) c. Challenged Element No. 3 No valid formal or ceremonial marriage §2.202 (a)(3) d. Challenged Element No. 4 No valid formal or ceremonial marriage 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 13 §2.202 (a)( 4) e. Challenged Element No. 5 No valid formal or ceremonial marriage Conduct Ceremony - Tex. Fam. Code §2.202 (a)(S) f. Challenged Element No. 6 No valid formal or ceremonial marriage §2.202 (b) g. Challenged Element No. 7 No valid formal or ceremonial marriage §2.202 (c) h. Challenged Element No. 8 No valid formal or ceremonial marriage §2.202 (d) 1. Challenged Element No. 9 No valid formal or ceremonial marriage - No Evidence of Return of License - 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 14 Tex. Fam. Code §2.206( a) - No Evidence of Offense for Non- Retum of License - Tex. Fam. Code §2.206(b). k. Challenged Element No. 11 No valid formal or ceremonial marriage No Evidence of Reasonable Appearance of Unauthorized Person - Tex. Fam. Code §2.302(1 ). marriage - No Evidence of Party Treating Marriage as Valid-Tex. Fam. Code §2.302(2). m. Challenged Element No. 13 No valid informal or common law marriage - No Evidence of Signed Declaration of Informal Marriage - Tex. Fam. Code §2.401 (a)(l). n. Challenged Element No. 14 No valid informal or common law 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 15 Declaration of Informal Marriage Tex. Fam. Code §2.401 (a)(2). o. Challenged Element No. 15 No valid informal or common law marriage - No Evidence of Proceeding Commenced Before the Second Anniversary of the Date on Which the Parties Separated and Ceased Living Together - Tex. Fam. Code §2.401 (b) p. Challenged Element No. 16 No valid informal or common law marriage - No Evidence of Agreement to Have A Present, Immediate, and Permanent Marital Relationship q. ChallengedElementNo. 17 No valid informal or common law to be Husband and Wife r. Challenged Element No. 18 No valid informal or common law marriage - No Evidence of Holding Out s. Challenged Element No. 19 No valid informal or common law marriage - No Evidence of Muslim 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 16 Marriage Contract t. Challenged Element No. 20 No Evidence of continued valid marriage by and between Respondent and Amir Bagherkalantari. (a) Challenged Element Number 1: No Evidence of Person Authorized to Conduct Ceremony-Tex. Fam. Code §2.202 (a)(l). 16. To prove a ceremonial or formal marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143 (Tex. App. - Beaumont 153, writ refd n.r.e.). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirements identified in Section 2.202 (a)(l) of the Texas Family Code were complied with by Petitioner and any third party: Tex. Fam. § 2.202 PERSONS AUTHORIZED TO CONDUCT CEREMONY. (a) The following persons Code are authorized to conduct a marriage ceremony: ( 1) a licensed or ordained Christian minister or priest; 17. Petitioner has no evidence to support Challenged Element No. 1 to prove that the statutory requirement identified in Section 2.202 (a)(l) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. A formal or 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 17 ceremonial marriage is proved by establishing compliance of the statutory requirements listed in the Family Code for obtaining a marnage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302. While Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 1, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing formal or ceremonial marriage. (b) Challenged Element Number 2: No Evidence of Person Authorized to Conduct Ceremony-Tex. Fam. Code §2.202 (a)(2). 18. To prove a ceremonial or formal marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143 (Tex. App. -Beaumont 153, writ ref d n.r.e.). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirements identified in Section 2.202 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 18 (a)(2) of the Texas Family Code were complied with by Petitioner and any third party: Tex. Fam. § 2.202 PERSONS AUTHORIZED TO CONDUCT CEREMONY. (a) The following persons Code are authorized to conduct a marriage ceremony: (2) a Jewish rabbi; 19. Petitioner has no evidence to support Challenged Element No. 2 to prove that the statutory requirement identified in Section 2.202 (a)(2) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. A formal or ceremonial marriage is proved by establishing compliance of the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302. While Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 2, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing formal or ceremonial 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 19 (c) Challenged Element Number 3: No Evidence of Person Authorized to Conduct Ceremony- Tex. Fam. Code §2.202 (a)(3). 20. To prove a ceremonial or formal marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143 (Tex. App. - Beaumont 153, writ ref d n.r.e.). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirements identified in Section 2.202 (a)(3) of the Texas Family Code were complied with by Petitioner and any third party: Tex. Fam. § 2.202 PERSONS AUTHORIZED TO CONDUCT CEREMONY. (a) The following persons Code are authorized to conduct a marriage ceremony: (3) a person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony; 21. Petitioner has no evidence to support Challenged Element No. 3 to prove that the statutory requirement identified in Section 2.202 (a)(3) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. A formal or ceremonial marriage is proved by establishing compliance of the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302. While 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 20 Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 3, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing formal or ceremonial (d) Challenged Element Number 4: No Evidence of Person Authorized to Conduct Ceremony-Tex. Fam. Code §2.202 (a)(4). 22. To prove a ceremonial or formal marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143 (Tex. App. - Beaumont 153, writ ref d n.r.e. ). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirements identified in Section 2.202 (a)( 4) of the Texas Family Code were complied with by Petitioner and any third party: Tex. Fam. § 2.202 PERSONS AUTHORIZED TO CONDUCT CEREMONY. (a) The following persons Code are authorized to conduct a marriage 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 21 ceremony: (4) a justice of the supreme court, judge of the court of criminal appeals, justice of the courts of appeals, judge of the district, county, and probate courts, judge of the county courts at law, judge of the courts of domestic relations, judge of the juvenile courts, retired justice or judge of those courts, justice of the peace, retired justice of the peace, judge of a municipal court, retired judge of a municipal court, or judge or magistrate of a federal court of this state; and 23. Petitioner has no evidence to support Challenged Element No. 4 to prove that the statutory requirement identified in Section 2.202 (a)(4) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. A formal or ceremonial marriage is proved by establishing compliance of the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302. While ·Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 4, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 22 of Petitioner and Respondent void due to a prior existing formal or ceremonial marnage. (e) Challenged Element Number 5: No Evidence of Person Authorized to Conduct Ceremony - Tex. Fam. Code §2.202 (a)(S). 24. To prove a ceremonial or formal marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143 (Tex. App. - Beaumont 153, writ ref d n.r.e. ). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirements identified in Section 2.202 (a)(5) of the Texas Family Code were complied with by Petitioner and any third party: Tex. Fam. § 2.202 PERSONS AUTHORIZED TO CONDUCT CEREMONY. Code (5) a retired judge or magistrate of a federal court of this state. 25. Petitioner has no evidence to support Challenged Element No. 5 to prove that the statutory requirement identified in Section 2.202 (a)(5) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. A formal or ceremonial marriage is proved by establishing compliance of the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302. While 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 23 Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 5, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing formal or ceremonial (f) Challenged Element Number 6: No Evidence of Person Authorized to Conduct Ceremony - Tex. Fam. Code §2.202 (b). 26. To prove a ceremonial or formal marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143 (Tex. App. - Beaumont 153, writ ref d n.r.e. ). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirements identified in Section 2.202 (b) of the Texas Family Code were complied with by Petitioner and any third party: Tex. Fam. § 2.202 PERSONS AUTHORIZED TO CONDUCT CEREMONY. Code 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 24 (b) For the purposes of Subsection (a)(4 ), a retired judge or justice is a former judge or justice who is vested in the Judicial Retirement System of Texas Plan One or the Judicial Retirement System of Texas Plan Two or who has an aggregate of at least 12 years of service as judge or justice of any type listed in Subsection (a)(4). (b-1) For the purposes of Subsection (a)(S), a retired judge or magistrate is a former judge or magistrate of a federal court of this state who is fully vested in the Federal Employees Retirement System under 28 U.S.C. Section 371 or 377. 27. Petitioner has no evidence to support Challenged Element No. 6 to prove that the statutory requirement identified in Section 2.202 (b) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. A formal or ceremonial marriage is proved by establishing compliance of the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302. While Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 6, Respondent is entitled to summary judgment 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 25 on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing formal or ceremonial marriage. (g) Challenged Element Number 7: No Evidence of Person Authorized to Conduct Ceremony-Tex. Fam. Code §2.202 (c). 28. To prove a ceremonial or formal marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143 (Tex. App. -Beaumont 153, writ ref d n.r.e. ). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirements identified in Section 2.202 (c) of the Texas Family Code were complied with by Petitioner and any third party: Tex. Fam. § 2.202 PERSONS AUTHORIZED TO CONDUCT CEREMONY. Code (c) Except as provided by Subsection (d), a person commits an offense if the person knowingly conducts a marriage ceremony without authorization under this section. An offense under this subsection is a Class A misdemeanor. 29. Petitioner has no evidence to support Challenged Element No. 7 to prove that the statutory requirement identified in Section 2.202 (c) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. A formal or ceremonial marriage is proved by establishing compliance of the statutory requirements listed in 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 26 the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302. While Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 7, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing formal or ceremonial marriage. (h) Challenged Element Number 8: No Evidence of Person Authorized to Conduct Ceremony-Tex. Fam. Code §2.202 (d). 30. To prove a ceremonial or formal marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143 (Tex. App. - Beaumont 153, writ ref d n.r.e. ). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirements identified in Section 2.202 (d) of the Texas Family Code were complied with by Petitioner and any third party: Tex. Fam. § 2.202 PERSONS AUTHORIZED TO CONDUCT 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 27 Code CEREMONY. (d) A person commits an offense if the person knowingly conducts a marriage ceremony of a minor whose marriage is prohibited by law or of a person who by marrying commits an offense under Section 25.01, Penal Code. An offense under this subsection is a felony of the third degree. 31. Petitioner has no evidence to support Challenged Element No. 8 to prove that the statutory requirement identified in Section 2.202 (d) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. A formal or ceremonial marriage is proved by establishing compliance of the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302. While Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 8, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing formal or ceremonial marriage. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 28 (i) Challenged Element Number 9: No Evidence of Return of License - Tex. Fam. Code §2.206(a). 32. To prove a ceremonial or formal marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143 (Tex. App. -Beaumont 153, writ ref d n.r.e.). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirements identified in Section 2.206(a) of the Texas Family Code were complied with by Petitioner and any third party: Tex. Fam. § 2.206 RETURN OF LICENSE; PENALTY. (a) The person who conducts a marriage Code ceremony shall record on the license the date on which and the county in which the ceremony is performed and the person's name, subscribe the license, and return the license to the county clerk who issued it not later than the 30th day after the date the ceremony is conducted. 33. Petitioner has no evidence to support Challenged Element No. 9 to prove that the statutory requirement identified in Section 2.206(a) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. A formal or ceremonial marriage is proved by establishing compliance of the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 29 ceremony. See Tex. Fam. Code §§2.001-2.302. While Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 9, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing formal or ceremonial marriage. G) Challenged Element Number 10: No Evidence of Offense for Non-Return of License - Tex. Fam. Code §2.206(b ). 34. To prove a ceremonial or formal marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143 (Tex. App. - Beaumont 153, writ ref d n.r.e. ). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirements identified in Section 2.206(b) of the Texas Family Code were complied with by Petitioner and any third Tex. Fam. § 2.206 RETURN OF LICENSE; PENALTY. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 30 Code (b) A person who fails to comply with this section commits an offense. An offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $500. 35. Petitioner has no evidence to support Challenged Element No. 10 to prove that the statutory requirement identified in Section 2.206(b) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. A formal or ceremonial marriage is proved by establishing compliance of the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302. While Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 10, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing formal or ceremonial marriage. (k) Challenged Element Number 11: No Evidence of Reasonable Appearance of Unauthorized Person -Tex. Fam. Code §2.302(1). 36. To prove a ceremonial or formal marriage transpired, the marriage must 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 31 comply with the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143 (Tex. App. - Beaumont 153, writ ref d n.r.e. ). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirements identified in Section 2.302(1) of the Texas Family Code were complied with by Petitioner and any third Tex. Fam. § 2.302 CEREMONY CONDUCTED BY UNAUTHORIZED PERSON. The validity Code of a marriage is not affected by the lack of authority of the person conducting the marriage ceremony if: (1) there was a reasonable appearance of authority by that person; 37. Petitioner has no evidence to support Challenged Element No. 11 to prove that the statutory requirement identified in Section 2.302(1) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. A formal or ceremonial marriage is proved by establishing compliance of the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302. While Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 32 has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 11, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing formal or ceremonial marriage. (I) Challenged Element Number 12: No Evidence of Party Treating Marriage as Valid -Tex. Fam. Code §2.302(2). 3 8. To prove a ceremonial or formal marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143 (Tex. App. - Beaumont 153, writ ref d n.r.e.). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirements identified in Section 2.302(2) of the Texas Family Code were complied with by Petitioner and any third Tex. Fam. § 2.302 CEREMONY CONDUCTED BY UNAUTHORIZED PERSON. The validity Code of a marriage is not affected by the lack of authority of the person conducting the marriage ceremony if: (2) at least one party to the marriage participated in the ceremony in good faith and that party treats the marriage as valid; 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 33 39. Petitioner has no evidence to support Challenged Element No. 12 to prove that the statutory requirement identified in Section 2.302 (2) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. A formal or ceremonial marriage is proved by establishing compliance of the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302. While Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 12, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing formal or ceremonial marriage. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 34 (m) Challenged Element Number 13: No Evidence of Signed Declaration of Informal Marriage -Tex. Fam. Code §2.401 (a)(l). 40. To prove an informal or common law marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code by the parties agree to be married, live together in Texas as husband and wife, and hold themselves out as husband and wife to others, but who have obtained a marriage license or participated in a marriage ceremony. See Tex. Fam. Code §§2.401; Russell v. Russell, 865 S.W.2d 929, 931 (Tex. 1993). All three statutory elements must exist at the same time for there to be a valid informal marriage. Ballesteros v. Jones, 985 S.W.2d 485, 489 (Tex. App. -San Antonio 1998, pet. denied); Garyv. Gary, 490 S.W.2ds 929, 935 (Tex. App. -Tyler 1973, writ ref d n.r.e.). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirement identified in Section 2.401(a)(l) of the Texas Family Code were complied with by Petitioner and any third party: Tex. Fam. § 2.401 PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other Code proceeding, the marriage of a man and woman may be proved by evidence that: ( 1) a declaration of their marriage has been signed as provided by this subchapter; 41. Petitioner has no evidence to support Challenged Element No. 13 to prove that the statutory requirement identified in Section 2.401 (a)(l) of the Texas Family 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 35 Code was complied with by Respondent and Amir Bagherkalantari. A formal or ceremonial marriage is proved by establishing compliance of the statutory requirements listed in the Family Code for obtaining a marriage license and participating in the marriage ceremony. See Tex. Fam. Code §§2.001-2.302. While Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 13, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing informal or common law (n) Challenged Element Number 14: No Evidence of Signed Declaration of Informal Marriage -Tex. Fam. Code §2.401 (a)(2). 42. To prove an informal or common law marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code by the parties agree to be married, live together in Texas as husband and wife, and hold themselves out as husband and wife to others, but who have obtained a marriage license or participated in a marriage ceremony. See Tex. Fam. Code §§2.401; Russell v. Russell, 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 36 865 S.W.2d 929, 931 (Tex. 1993). All three statutory elements must exist at the same time for there to be a valid informal marriage. Ballesteros v. Jones, 985 S.W.2d 485, 489 (Tex. App. - San Antonio 1998, pet. denied); Garyv. Gary, 490 S.W.2ds 929, 935 (Tex. App. -Tyler 1973, writ ref d n.r.e.). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirement identified in Section 2.401(a)(2) of the Texas Family Code were complied with by Tex. Fam. § 2.401 PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other Code proceeding, the marriage of a man and woman may be proved by evidence that: (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and they represented to others that they were married. 43. Petitioner has no evidence to support Challenged Element No. 14 to prove that the statutory requirement identified in Section 2.401 (a)(2) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. To prove an informal or common law marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code by the parties agree to be married, live together in Texas as husband and wife, and hold themselves out as husband and wife to others, but who have obtained a marriage license or participated in a marriage ceremony. See Tex. Fam. Code §§2.40I;Russellv. Russell, 865 S.W.2d 929, 931 (Tex. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 37 1993). While Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 14, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing informal or common law marriage. (o) Challenged Element Number 15: No Evidence of Proceeding Commenced Before the Second Anniversary of the Date on Which the Parties Separated and Ceased Living Together - Tex. Fam. Code §2.401 (b). 44. To prove an informal or common law marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code by the parties agree to be married, live together in Texas as husband and wife, and hold themselves out as husband and wife to others, but who have obtained a marriage license or participated in a marriage ceremony. See Tex. Fam. Code §§2.401; Russell v. Russell, 865 S.W.2d 929, 931 (Tex. 1993). All three statutory elements must exist at the same time for there to be a valid informal marriage. Ballesteros v. Jones, 985 S.W.2d 485, 489 (Tex. App. -San Antonio 1998, pet. denied); Garyv. Gary, 490 S.W.2ds 929, 935 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 38 (Tex. App. -Tyler 1973, writ refd n.r.e.). In the present case, Petitioner is unable to present competent summary judgment evidence that the statutory requirement identified in Section 2.401(b) of the Texas Family Code were complied with by Tex. Fam. § 2.401 PROOF OF INFORMAL MARRIAGE. . .. Code (b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married. 45. Petitioner has no evidence to support Challenged Element No. 15 to prove that the statutory requirement identified in Section 2.401 (b) of the Texas Family Code was complied with by Respondent and Amir Bagherkalantari. To prove an informal or common law marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code by the parties agree to be married, live together in Texas as husband and wife, and hold themselves out as husband and wife to others, but who have obtained a marriage license or participated in a marriage ceremony. See Tex. Fam. Code §§2.401; Russell v. Russell, 865 S.W.2d 929, 931 (Tex. 1993). While Petitioner has provided a "blanket" statement, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element as it relates to Respondent and Amir Bagherkalantari. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 39 As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 15, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing informal or common law (p) Challenged Element Number 16: No Evidence of No Evidence of Agreement to Have A Present, Immediate, and Permanent Marital Relationship 46. To prove an informal or common law marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code by the parties agree to be married, live together in Texas as husband and wife, and hold themselves out as husband and wife to others, but who have obtained a marriage license or participated in a marriage ceremony. See Tex. Fam. Code § §2.401; Russell v. Russell, 865 S.W.2d 929, 931 (Tex. 1993). Section 2.401(a)(2)of the Texas Family Code requires the parties agree to be married. Tex. Fam. Code 2.401(a)(2). To prove the parties agreed to be married, Petitioner must present competent summary judgment evidence that shows that Respondent and Amir Bagherkalantari intended to have a present, immediate, and permanent marital relationship and that they did, in fact, agree to be husband and wife. Small v. McMaster, 352 S.W.3d 280, 283 (Tex. App. - 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 40 Houston [14th Dist.] 2011, pet denied). In the present case, Petitioner is unable to present competent summary judgment evidence that Respondent and Amir Bagherkalantari intended to have a present, immediate, and permanent marital relationship as of December 12, 2009, the date of the alleged ceremony. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 16, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing informal or common law marriage. (q) Challenged Element Number 17: No Evidence of Agreement to be Husband and Wife 47. To prove an informal or common law marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code by the parties agree to be married, live together in Texas as husband and wife, and hold themselves out as husband and wife to others, but who have obtained a marriage license or participated in amarriage ceremony. See Tex. Fam. Code §§2.401; Russell v. Russell, 865 S.W.2d 929, 931 (Tex. 1993). Section 2.401(a)(2)of the Texas Family Code requires the parties agree to be married. Tex. Fam. Code 2.401(a)(2). To prove the parties agreed to be married, Petitioner must present competent summary judgment evidence that shows that Respondent and Amir Bagherkalantari intended to have a 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 41 present, immediate, and permanent marital relationship and that they did, in fact, agree to be husband and wife. Small v. McMaster, 352 S.W.3d 280, 283 (Tex. App. - Houston [14th Dist.] 2011, pet denied). In the present case, Petitioner is unable to present competent summary judgment evidence that Respondent and Amir Bagherkalantari agreed to be married as of December 12, 2009, the date of the alleged ceremony. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 17, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing informal or common law (r) Challenged Element Number 18: No Evidence of Holding Out 48. To prove an informal or common law marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code by the parties agree to be married, live together in Texas as husband and wife, and hold themselves out as husband and wife to others, but who have obtained a marriage license or participated in a marriage ceremony. See Tex. Fam. Code §§2.401; Russell v. Russell, 865 S.W.2d 929, 931 (Tex. 1993). After agreeing to be married, the parties must represent to others in Texas that they are married. Tex. Fam. Code§ 2.40l(a)(2). In the present case, Petitioner is unable to present competent summary judgment evidence 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 42 that Respondent and Amir Bagherkalantari held themselves out as being married subsequent to the date of December 12, 2009, the date of the alleged ceremony. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 18, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing informal or common law (s) Challenged Element Number 19: No Evidence of Muslim Marriage Contract 49. To prove an informal or common law marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code by the parties agree to be married, live together in Texas as husband and wife, and hold themselves out as husband and wife to others, but who have obtained a marriage license or participated in a marriage ceremony. See Tex. Fam. Code § §2.401; Russell v. Russell, 865 S.W.2d 929, 931 (Tex. 1993). Section 2.401(a)(2)of the Texas Family Code requires the parties agree to be married. Tex. Fam. Code 2.401(a)(2). In the present case, there is no document evidencing a written marriage contract by and between Respondent and Amir Bagherkalantari. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 43 Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 19, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a prior existing informal or common law marriage. (t) Challenged Element Number 20: No Evidence of Continued Valid Marriage By And Between Respondent And Amir Bagherkalantari. 50. Petitioner has no evidence to support the requested relief of having the Court determine his marriage to Respondent is void pursuant to Section 6.202 of the Texas Family Code, as the burden is upon Petitioner to provide evidence that there is a continuing valid marriage by and between Respondent and Amir Bagherkalantari. Tex. Fam. Code § 1.102. While the Petitioner has provided a "blanket" statement, Petitioner is unable to meet its burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged element. Thus, Respondent is entitled to summary judgment on Petitioner's cause of action to declare marriage void. As Petitioner has the burden of proving the impediment of a prior marriage of Respondent and its continued validity, and Petitioner is unable to provide competent summary judgment evidence on Challenged Element No. 20, Respondent is entitled to summary judgment on the Petitioner's cause of action to declare the current marriage of Petitioner and Respondent void due to a continuing prior marriage of Respondent. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 44 (4) SUMMARY 51. Petitioner has no evidence to rebut the presumption that his marriage to Respondent is invalid due to prior valid marriage by and between Respondent and Amir Bagherkalantari. The party attacking the presumption that the most recent marriage is valid must prove prior and existing marriage. Tex. Fam. Code 1.102. Petitioner lacks evidence to support a valid prior existing marriage, whether a formal ceremonial marriage or an informal or common law marriage, by and between Respondent and Amir Bagherkalantari. While the Petitioner has provided "blankets" in his pleadings, Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on Challenged Elements 1- 20 identified above. The burden of proof is upon Petitioner to negate the presumption that his marriage to Respondent is void due to a valid prior marriage. Tex. Fam. Code § 1.102. 52. In conclusion, summary judgment on behalf of Respondent is proper as Petitioner is unable to meet his burden of proof by presenting competent summary judgment evidence proving the impediment of a prior marriage of Respondent and its continued validity, which Petitioner has the burden of proof at trial. Specifically, summary judgment on behalf of Respondent is proper as Petitioner has failed, and is unable, to provide evidence raising a genuine issue of material fact on Challenged Elements 1-20 identified above which are necessary to prove a valid marriage in 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 45 existence by and between Respondent and Amir Bagherkalantari and, thus thereby, voiding Petitioner's and Respondent's marriage pursuant to the Section 6.202 of the Texas Family Code. As Petitioner is unable to meet its burden of proof by presenting competent summary judgment evidence raising a genuine issue of fact on the challenged elements, Respondent is entitled to summary judgment. B. MOTION FOR TRADITIONAL SUMMARY JUDGMENT BASED UPON HER DISPROVING AN ESSENTIAL ELEMENT OF PETITIONER'S CAUSE OF ACTION THAT HER MOST RECENT MARRIAGE Is VOID DUE To A PRIOR VALID MARRIAGE - EITHER FORMAL OR INFORMAL 53. Respondent can move for summary judgment based upon providing all the elements of the movant' s claim or defense or disproves the facts of at least one element of the nonmovant's claim or defense. See Johnson & Johnson Med. Inc. v. Sanchez, 924 S.W.2d 925, 927 (Tex. 1996); see Mcintyre v. Ramirez, 109 S.WE.3d 741, 748 (Tex. 2003). In the present case, Respondent moves for summary judgment (based upon the traditional summary judgment standards) by proving that statutory requirements to prove either a valid ceremonial/formal marriage or an informal/common law marriage have not been met, thus, disproving at least one element of the nonmovant's claim AND by providing evidence that supports her affirmative defense that she did not enter into an informal marriage with Amir Bagherkalantari. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 46 (1) STANDARD FOR TRADITIONAL MOTION FOR SUMMARY JUDGMENT 54. This Motion for Partial Summary Judgment on Petitioner's Allegations of Prior Marriage to Amir Bagherkalantari is being in part filed pursuant to Rule l 66a of the TEXAS RULES OF CIVIL PROCEDURE. Rule 166a of the TEXAS RULES OF CIVIL PROCEDURE states, For Claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the adverse party has appeared or answered, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to amount of damages. Tex. R. Civ. Pro. 166a. 55. When a nonmovant moves for summary judgment based on the summary judgment evidence, the court can grant the motion only when the movant's evidence, as a matter of law, either proves all the elements of the movant's claim or defense or disproves the facts of at least one element of the nonmovant's claim or defense. See, e.g. Park Place Hosp. v. Estate of Milo, 909 S.W.2d 508, 511 (Tex. 1995). When a respondent moves for summary judgment on its affirmative defense, it must prove each element of its defense as a matter of law, leaving no issues of material fact. See Johnson & Johnson Med. Inc. v. Sanchez, 924 S.W.2d 925, 927 (Tex. 1996); see Mcintyre v. Ramirez, 109 S.WE.3d 741, 748 (Tex. 2003). In the present case, 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 47 Respondent is entitled to summary judgment by disproving at least one element of the nonmovant' s claim or defense. As demonstrated herein, there are no genuine issues of material fact. It has long been held that summary judgment must be granted when only questions of law are presented and no genuine issues of material fact exist. (2) BASIS OF MOTION 56. In the State of Texas, there are two (2) forms of marriages: (1) the formal marriage and (2) the informal marriage. Petitioner has alleged that a marriage was entered into by and between Respondent and Amir Bagherkalantari on or about December 12, 2009, thus, voiding Respondent's marriage to Petitioner on or about July 28, 2012, pursuant to Section 6.202 of the Texas Family Code. See Page 2, Section I, Paragraph 7, entitled "Grounds" of Petitioner's Original Petition to Declare Marriage Void. In the present case, Respondent can conclusively disprove at least one ( 1) element of Petitioner's burden of proving either an formal/ceremonial marriage or informal/common law marriage AND prove her affirmative defense of no prior (a) Formal or Ceremonial Marriage 57. In the State of Texas, a formal marriage is sometimes referred as a "ceremonial marriage" or a "licensed marriage." In formal marriages, the statutory requirements listed in the Family Code for obtaining a marriage license and participating in a marriage ceremony must be strictly adhered. See Tex. Fam. Code 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 48 §§2.001-2.302; Brown v. Brown, 256 S.W.2d 143, 143, (Tex. Ap. -Beaumont 1953, 58. In the present case, the evidence conclusively establishes that the following statutory requirements necessary to form and evidence a valid formal or ceremonial marriage by and between Respondent and Amir Bagherkalantari were not complied with and, therefore, there has never been a valid formal or ceremonial marriage by and between Respondent and Amir Bagherkalantari: (1) Tex. Fam. § 2.201 EXPIRATIONOFLICENSE. Ifamarriage ceremony has not been conducted before the Code 90th day after the date the license is issued, the marriage license expires. (2) Tex. Fam. § 2.202 PERSONS AUTHORIZED TO CONDUCT CEREMONY. (a) The following persons Code are authorized to conduct a marriage ceremony: ( 1) a licensed or ordained Christian minister or priest; (2) a Jewish rabbi; (3) a person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony; (4) a justice of the supreme court, judge of the court of criminal appeals, justice of the courts of appeals, judge of the district, county, and probate courts, judge of the county courts at law, judge of the courts of domestic relations, judge of the juvenile courts, retired justice or judge of those courts, justice of the peace, retired justice of the peace, judge of a municipal court, retired judge of a municipal court, or judge or 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 49 magistrate of a federal court of this state; and (5) a retired judge or magistrate of a federal court of this state. (b) For the purposes of Subsection (a)( 4), a retired judge or justice is a former judge or justice who is vested in the Judicial Retirement System of Texas Plan One or the Judicial Retirement System of Texas Plan Two or who has an aggregate of at least 12 years of service as judge or justice of any type listed in Subsection (a)(4). (b-1) For the purposes of Subsection (a)(5), a retired judge or magistrate is a former judge or magistrate of a federal court of this state who is fully vested in the Federal Employees Retirement System under 28 U.S.C. Section 371 or 377. (c) Except as provided by Subsection (d), a person commits an offense ifthe person knowingly conducts a marriage ceremony without authorization under this section. An offense under this subsection is a Class A misdemeanor. (d) A person commits an offense if the person knowingly conducts a marriage ceremony of a minor whose marriage is prohibited by law or of a person who by marrying commits an offense under Section 25.01, Penal Code. An offense under this subsection is a felony of the third degree. (3) Tex. Fam. § 2.203 CEREMONY. (a) On receiving an unexpired marriage license, an authorized Code person may conduct the marriage ceremony as provided by this subchapter. (b) A person may assent to marriage by the appearance of a proxy appointed in the affidavit authorized by Subchapter A if the person is: 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 50 ( 1) a member of the armed forces of the United States stationed in another country in support of combat or another military operation; and (2) unable to attend the ceremony. (4) Tex. Fam. § 2.206 RETURN OF LICENSE; PENALTY. (a) The person who conducts a marriage Code ceremony shall record on the license the date on which and the county in which the ceremony is performed and the person's name, subscribe the license, and return the license to the county clerk who issued it not later than the 30th day after the date the ceremony is conducted. (b) A person who fails to comply with this section commits an offense. An offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $500. 59. Respondent is entitled to summary judgment on disproving the facts of at least one element of the nonmovant's claim. Essentially, Respondent's establishment of lack of adherence to statutory requirements of the Texas Family Code disproves at least one element of Petitioner's burden to prove a valid prior formal or ceremonial (1) SECTION 2.201 OF THE TEXAS FAMILY CODE 60. Pursuant to Section 2.201 of the Texas Family Code, "If a marriage ceremony has not been conducted before the 90th day after the date the license is issued, the marriage license expires." See Tex. Fam. Code §2.201. In the present case, 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 51 Section 2.206(a) of the Texas Family Code, in relevant part, states, that the "person who conducts a marriage ceremony shall record on the license the date on which and the county in which the ceremony is performed and the person's name, subscribe the license, and return the license to the county clerk who issued it not later than the 301h day after the date the ceremony is conduct." See Tex. Fam. Code §2.206(a). On or about March 10, 2014, Mr. Ghaffari testified that he signed the purported marriage license on or about December 12, 2009, as follows: Page 17 Line 9 Q. (By Mr. Nace) I'm going to hand you what we'll 10 mark as Petitioner's 1. Can you identify this document 11 for the record? 12 INTERPRETER: He said, "This is my 13 signature." 14 So that would be a yes, you can identify this 15 document for the record? 16 A. I don't remember very well, but this is my 17 signature and this is my handwriting. 18 Q. And is this a true and correct copy? 19 A. As you heard, I don't remember it very well. 20 But certainly this is my handwriting, and this is 21 everything that I wrote. See Exhibit D. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 52 61. On the same day, Petitioner's attorney judicially admitted that Petitioner is in possession of the original marriage license. See Exhibit D - Page 18, Lines 13-14, of the Hearing Transcript of March 10, 2014. Incontestably, the marriage license allegedly executed by Mr. Ghaffari on or about December 12, 2009, was never filed with the Collin County Clerk and has expired pursuant to Section 2.201 of the Texas Family Code. Respondent is entitled to summary judgment as she has disproved an essential element of Petitioner's cause of action wherein he has the burden of proving a valid prior formal or ceremonial marriage of Respondent. (2) SECTION 2.202 OF THE TEXAS FAMILY CODE 62. In the present case, and pursuant to the allegations of Petitioner on Page 2, Section I, Paragraph 7, entitled "Grounds" of Petitioner's Original Petition to Declare Marriage Void, a marriage occurred on or about December 12, 2009, by and between Respondent and Amir Bagherkalantari. See Exhibit E. Pursuant to Section 2.202 of the Texas Family Code, a person must be authorized to conduct the marriage ceremony. By Mr. Ghaffari's own testimony provided before the Court on March 10, 2014, Mr. Ghaffari is not qualified to conduct a marriage ceremony within the State of Texas pursuant to the requirements of Section 2.202 of the Texas Family Code. Respondent would respectfully show as follows: • Mr. Ghaffari is not a licensed or ordained Christian minister or priest, pursuant to Section 2.202(a)(l) of the Texas Family Code. Page 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 53 13 Line 15 Q. Mr. Ghaffari, I hope I pronounced your name Line 16 correctly. Are you a licensed ordained Christian Line 17 minister? Line 18 A. No, I don't have no license. Line 19 Q. Are you a priest? Line 20 A. No. • Mr. Ghaffari is not a Jewish rabbi, pursuant to Section 2.202(a)(2) of the Texas Family Code. Page 13 Line 21 Q. Are you a Jewish rabbi? Line 22 MR. CORBITT: Am I talking too loud, Judge? Line 23 I'm sorry. Line 24 THE COURT: I can hear you. Line 25 Q. (By Mr. Corbitt) Mr. Ghaffari, are you a Jewish Page Line 1 rabbi? 14 Line 2 A. No. • Mr. Ghaffari is not an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony, pursuant to Section 2.202(a)(3) of the Texas Family Code. Page 16 Line 5 Mr. Ghaffari, by what authority did you Line 6 perform a wedding? Line 7 THE WITNESS: In Islamic law there is no Line 8 need to have any permission. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 54 Line 9 THE COURT: Well, are you an Imam? Line 10 THE WITNESS: No. Line 11 THE COURT: Are you telling me that anyone Line 12 in Islamic law is authorized to perform a wedding? Line 13 THE WITNESS: That's my thought and Line 14 understanding. • Mr. Ghaffari is not a justice of the supreme court, judge of the court of criminal appeals, justice of the courts of appeals, judge of the district, county, and probate courts, judge of the county courts at law, judge of the courts of domestic relations, judge of the juvenile courts, retired justice or judge of those courts, justice of the peace, retired justice of the peace, judge of a municipal court, retired judge of a municipal court, or judge or magistrate of a federal court of this state; and is not a retired judge or magistrate of a federal court of this state, pursuant to Sections 2.202(a)(4) and 2.202(a)(5) of the Texas Family Code. Page 14 Line 3 Q. Are you a justice of the Supreme Court? Line 4 A. No. Line 5 Q. Are you a judge of the Court of Criminal Line 6 Appeals? Line 7 A. No. Line 8 Q. Are you a justice of the Court of Appeals, of a Line 9 district, or a county, or a probate court? Line 10 A. No. Line 11 Q. Are you or have you been a judge of a domestic Line 12 relations or juvenile court? Line 13 A. No. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 55 Line 14 Q. Are you a retired justice or judge of any of Line 15 those courts that I asked just a minute ago? Line 16 A. No. See Exhibit D. 63. Clearly, Mr. Ghaffari's sworn testimony evidences that he is not a person authorized to conduct a marriage pursuant to Section 2.202 of the Texas Family Code. Mr. Ghaffari's sworn statement that it is his belief that, under Islamic law, anyone can perform a marriage ceremony undeniably controverts the purpose of Section 2.202 of the Texas Family Code to identify persons authorized. (It should be further noted that on or about March 10, 2014, at a hearing before this court, Petitioner presented to the Court a purported marriage license signed by Mr. Ghaffari that identifies that Mr. Ghaffai performed the alleged ceremony and has the title of"Ph.D. in Economics.") A person with a Ph.D. in Economics is not qualified to conduct a marriage ceremony within the State of Texas pursuant to the requirements of Section 2.202 of the Texas Family Code. No marriage ceremony occurred by and between Respondent and Amir Bagherkalantari. Respondent is entitled to summary judgment as she has disproved an essential element of Petitioner's cause of action wherein he has the burden of proving a (3) SECTION 2.203 OF THE TEXAS FAMILY CODE 64. Section 2.203(a) of the Texas Family Code states, "On receiving an unexpired marriage license, an authorized person may conduct the marriage ceremony 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 56 as provided by this subchapter." See Tex. Fam. Code§ 2.203(a). On or about March 10, 2014, at a hearing before this court, Petitioner presented to the Court a purported marriage license signed by Mr. Ghaffari. The document itself states that Mr. Ghaffari performed the ceremony and has the title of "Ph.D. in Economics." As extensively discussed in Paragraph 62 above, Mr. Ghaffari is not an authorized person pursuant to the Texas Family Code and did not perform a permanent Muslim wedding. Respondent is entitled to summary judgment as she has disproved an essential element or fact of Petitioner's cause of action wherein he has the burden of proving a valid prior marriage of Respondent. (4) SECTION 2.206 OF THE TEXAS FAMILY CODE 65. Additionally, during the hearing on or about March 10, 2014, Petitioner's attorney made the following judicial admissions to the Court regarding the purported marriage license of Respondent and Amir Bagherkalantari: Page 18 Line 10 THE COURT: Mr. Nace, I have what appears Line 11 to be a Xerox copy. I don't see a clerk's stamp on here Line 12 anywhere. Line 13 MR. NACE: Your Honor, we have the original Line 14 with another witness. That is a copy. Line 15 THE COURT: Why isn't the original of a Line 16 marriage license on file with my clerk? 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 57 Line 17 MR. NACE: From what I understand, to file Line 18 it that was their responsibility through her family. But Line 19 the original does exist. Line 20 THE COURT: Where is the original? Line 21 MR. NACE: My client can better answer that Line 22 judge through another witness. Because of things missing Line 23 in this case, our chain of custody, we want to make sure Line 24 we're keeping things intact. See Exhibit D. 66. By the Petitioner's attorney of record's own admissions, the original marriage license prepared by the County Clerk in the year 2009 was never filed and, by statute, expired on the thirty-first (31st) day following issuance. See Exhibit D. (Prior to September 2013, the marriage license expired on the thirty-first (31st day following issuance rather than the ninetieth (90th) day.) Petitioner's attorney further judicially admitted that it was the "responsibility through [Respondent's] family," to have the marriage license filed after the ceremony took place; however, the Texas Family Code unequivocally states that the officiate "shall record on the license the date on which and the county in which the ceremony is performed and the person's name, subscribe the license, and return the license to the county clerk who issued it not later than the 30th day after the date the ceremony is conducted." See Tex. Fam. Code §2.206. Thus, due to Respondent and Amir Bagherkalantari not being married, no marriage license is on file with the Collin County Clerk to evidence same. Respondent is entitled to 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 58 summary judgment as she has disproved an essential element or fact of Petitioner's cause of action wherein he has the burden of proving a valid prior marriage of Respondent. b. Informal or Common Law Marriage 67. To prove an informal or common law marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code by the parties agree to be married, live together in Texas as husband and wife, and hold themselves out as husband and wife to others, but who have obtained a marriage license or participated in a marriage ceremony. See Tex. Fam. Code §§2.401; Russell v. Russell, 865 S.W.2d 929, 931 (Tex. 1993). All three statutory elements must exist at the same time for there to be a valid informal marriage. Ballesteros v. Jones, 985 S.W.2d 485, 489 (Tex. App. -San Antonio 1998, pet. denied); Garyv. Gary, 490 S.W.2ds 929, 935 (Tex. App. - Tyler 1973, writ ref d n.r.e.). In the present case, the evidence conclusively establishes that the statutory requirements necessary to form and evidence a valid informal or common law marriage by and between Respondent and Amir Bagherkalantari were not complied with and, therefore, there has never been a valid informal or common law marriage by and between Respondent and Amir Bagherkalantari: Section 2.401 of the Texas Family Code. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 59 (1) SECTION2.401 OFTHETEXASFAMILYCODE-NOSIGNEDDECLARATION,NO COMMENCEMENT OF PROCEEDINGS WITHIN Two (2) YEARS OF CESSATION OF Co-HABITATION 68. Respondent seeks a motion for summary judgment, based upon the traditional motion for summary judgment standard, on her affirmative defense that she did not enter into an informal marriage with Amir Bagherkalantari and, that pursuant to Section 2.401 of the Texas Family Code, it is rebuttably presumed that no informal marriage agreement occurred if a proceeding in which a marriage is to be proved is not commenced before the second anniversary of the date on which the parties separated and ceased living together. 69. In the present case, Respondent did not sign a declaration stating that she was married to Amir Bagherkalantari. See Exhibit B, the Affidavit of Maryam Parviz- Khyvi Farahmand. Respondent married Petitioner on or about July 28, 2012. See Exhibit E - Original Petition to Declare Marriage Void and In the Alternative First Amended Petition for Divorce. Respondent ceased living with Amir Bagherkalantari in the year 2010. See Exhibit E, Page 2, Paragraph Numbered 7. No legal proceeding in which an alleged marriage by and between Respondent and Amir Bagherkalantari commenced prior to the year 2014, which is more than the second anniversary of the date on which the parties separated and ceased living together Thus, pursuant to Section 2.401 of the Texas Family Code, it is rebuttably presumed that no informal 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 60 marriage agreement occurred by and between Respondent and Amir Bagherkalantari. Thus, there is no valid informal marriage of Respondent and Amir Bagherkalantari. Respondent is entitled to summary judgment as she has disproved an essential element of Petitioner's cause of action wherein he has the burden of proving a valid prior marriage of Respondent. (2) SECTION 2.401 OF THE TEXAS FAMILY CODE - No INTENT TO HAVE A PRESENT, IMMEDIATE, AND PERMANENT MARITAL RELATIONSHIP 70. To prove an informal or common law marriage transpired, the marriage must comply with the statutory requirements listed in the Family Code by the parties agree to be married, live together in Texas as husband and wife, and hold themselves out as husband and wife to others, but who have obtained a marriage license or participated in a marriage ceremony. See Tex. Fam. Code § §2.401; Russell v. Russell, 865 S.W.2d 929, 931 (Tex. 1993). Section 2.401(a)(2)of the Texas Family Code requires the parties agree to be married. Tex. Fam. Code 2.40l(a)(2). In the present case, Respondent would present the following competent summary judgment evidence that conclusively proves that there was no agreement for a present, immediate, and permanent marital relationship by and between Respondent and Amir Bagherkalantari on or about December 12, 2009, the date of the alleged ceremony: (a) Affidavit of Respondent-Exhibit B; and 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 61 (b) Foreing Language Translation and Affidavit of Purported Ceremony - Exhibit C. 71. The purported ceremony performed by Mr. Ghaffari was videotaped. See Exhibit C. On or about June 13, 2014, Petitioner filed with the Clerk a document entitled, "Foreign Language Translation and Affidavit," thereby submitting an English translation of the video submitted as "Petitioner's Exhibit 2" at the March 10, 2014, hearing before this Court along with an affidavit certifying that the translation is fair and accurate. See Exhibit C. On Page 8, Time 1:27:55, of the Foreign Language Translation and Affidavit, Respondent's father, in relevant part, states: I would like to thanks you all my dear friends, which traveled from near and far away to attend this festivity. Tonight, As you know, we are celebrating the marriage of my daughter my dear Maryam, and dear Amir. Unfortunately, Amir's families are in Iran and they could not attend. At this moment I would like to say hello to them and I hoping to meet them soon and be all together in their wedding. See Page 8, Time 1:27:55, of the Foreign Language Translation and Affidavit. Emphasis added. Clearly, the statements made by Petitioner's father, the wedding by and between Respondent and Amir Bagherkalantari would occur at a future date in the presence of Mr. Bagherkalantari' s family. Respondent is entitled to summary judgment as she has disproved a an essential element or fact of which Petitioner has the burden of proving a valid prior marriage of Respondent. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 62 72. Therefore, there was no agreement by and between Respondent and Amir Bagherkalantari for a present, immediate, and permanent marital relationship on or about December 12, 2009, the date of the alleged ceremony, as evidenced by the Affidavit of Respondent and the statements of Respondent's father at the alleged ceremony. Respondent is entitled to summary judgment as she has disproved an essential element of Petitioner's cause of action wherein he has the burden of proving a valid prior marriage of Respondent. (3) SUMMARY 73. In conclusion, summary judgment on behalf of Respondent is proper as Respondent has conclusively disproved at least one (I) element of Petitioner's burden of proving either an formal/ceremonial marriage or informal/common law marriage AND has proved her affirmative defense of no prior marriage. Respondent is entitled to summary judgment. WHEREFORE, PREMISES CONSIDERED, Respondent Maryam Farahmand is entitled to summary judgment for the reasons asserted in this Hybrid Motion for Partial Summary Judgment on Petitioner's Allegations of Prior Marriage to Amir Bagherkalantari. Respondent asks the Court to grant this motion and enter summary judgment in favor of Respondent. Moreover, Respondent prays for such other and further relief to which she may be justly entitled. 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 63 Respectfully submitted, By: Isl Robert S. Widner Robert S. Widner Texas State Bar No. 00792092 Telephone No.: 972-979-5700 Facsimile No.: 972-692- 8951 Electronic Address: robertwidner@gmail.com . GRAMS, P~C. I ; I awn M. Grams Horak Texas State Bar No. 24036667 Telephone No.: 469-644-7442 Facsimile No.: 214-572- 6893 Electronic Address: dgrams@msn.com of counsel to Widner Family Law Group, LLC ATTORNEYS FOR RESPONDENT MARYAM FARAHMAND 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 64 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing has been forwarded to the following parties via the manner reflected below, in accordance with the TEXAS RULES OF CIVIL PROCEDURE. Mr. Ike Vanden Eykel vFacsimile 214-871-0196 Ms. Rebecca Tillery Certified Mail/Return Receipt Requested Koons Fuller, P.C. U.S. First Class Mail 1717 McKinney Avenue, Suite 1500 /Other Dallas, Texas, 75202 ike@koonsfuller.com tillery@koonsfuller.com ~ Reagan@koonsfuller.com E-Service Mr. Bradford Nace /pacsimile 214-242-4333 Nace & Motley, LLC Certified Mail/Return Receipt Requested 100 Crescent Court, ih Floor U.S. First Class Mail Dallas, Texas, 75201 ,/Other bnace@nacemotley.com E-Service Ms. Diana L. Porter Facsimile 972-548-2349 Diana L. Porter, P.C. Certified Mail/Return Receipt Requested 103 E. Virginia Street, Suite 201 U.S. First Class Mail McKinney, Texas 75069 ./Other dporter@collincountydivorce.com Pursuant to Request of Attorney Certified to as of this l6 h day of~July 1 2014. . rams Horak ~--=--=---o..=~-=-=~=--"~~'--~~~~--'- 140712 Respondent's Hybrid Motion for Summary Judgment Final.doc Page 65 Page 1of7 Skip to Main Content Logout My Account My Cases Search Menu New Civil & Family Search Refine Search Back Location : All Civil & Family Cour1s Images jj§JQ REGISTER OF ACTIONS CASE No. 401-56531-2013 In the Matter of the Marriage of Roger Arash Farahmand vs. Maryam § Case Type: Divorce with Children Farahmand and in the Interest of § Date Filed: 12130/2013 § Location: 401 st District Court § § Attorneys Petitioner Farahmand, Roger Arash Also Known Ike Vanden Eykel As FARAHMAND, ROGER A. Retained 214-871-2727(W) Rebecca Tillery Retained 214-871-2727 (W) Respondent Farahmand, Maryam Robert S Widner Retained 469-563-4800(W) ?fG..SeRichard J Corbitt Retained 214-744-1234(W) OTHER EVENTS AND HEARINGS 12130/2013 Original Petition for Divorce {OCA) i289.00 Emergency(ex parte) request for extraordinary relief, and request for temporary orders 12/30/2013 Reguest for Citation i8.00 x1 waiting 12/30/2013 Request for Temporary Restraining Order $8.00 x1 waiting 12/30/2013 QrQfil Temporary Emergency Ex Parle Order and Order Setting Hearing 12/30/2013 Citation Farahmand, Maryam Served 01/02/2014 Returned 01/02/2014 12/30/2013 Temporary Restraining Order Farahmand, Maryam Served 01/02/2014 Returned 01/02/2014 01/10/2014 Sub1:1oena Return - Not DC Issued Que Le Served 11912014 01/10/2014 Sub1:1oena Return - Not DC Issued Beth Cook served 11912014 01/14/2014 Temporary Orders Hearing (9:00 AM) (Judi cial Officer Rusch. Mark) 01/14/2014 General Docket Entry Matter reset 01/14/2014 Order Extending Extension of Temporary Emergency Ex Pa rte Order and Order Setting Hearing 01/24/2014 Request for Copies $1.001 pg 01/24/2014 Sub1:1o~na Return - Not DC Issued Aaron Lilly Served 112312014 01/27/2014 Original Answer Respondent's Original Answer 01/27/2014 Counter Petition ~50.00 Original Counter-Petition for Divorce 01/27/2014 Rule 11 Agreement 1r Rule 11 Agreement ~ 01/27/2014 Rule 11 Agreement g 2 ~ http://cijspub.co .collin. tx. us/secure/CaseDetail .aspx?CaseID= 12 73404 6/18/2014 Page 2of7 Rule 11 Agreement 01/28/2014 CANCELED Temporary Orders Hearing (9: 00 AM) (Judicial Officer Rusch, Mark) Reset 02104/2014 Motion Maryam Farahmand's Motion for Expedited Hearing for Interim Possession and Access 02/04/2014 Notice of Hearing Notice of Hearing on Motion for Expedited Hearing for Interim Possession and Access 02/05/2014 General Docket Entry No action taken by the Court 02/25/2014 Affidavit Affidavit of Business Records of Hannah's House 02/26/2014 Affidavit Business Records Affidavit of Hannah's Hou se February 03/06/2014 Motion Maryam Farahmand's Request to Expand L ocal 20-Minute Rule for Temporary Orders Hearing 03/07/2014 Subi;ioena Return - Not DC Issued Served 31612014 Asian Ghaffari 03/07/2014 Sub11oena Return - Not DC Issued served 31612014 Farid Rastegar 03/1012014 Temporary Orders Hearing (9:00 AM) (Judici al Officer Rusch, Mark) 03/1012014 General Docket Entry Temp Hearing conducted; Ruling dictated; MJR 03/1812014 Notice of A1111earance Appearance of Co-Counsel and Notice of Ch ange in Lead Counsel 0312112014 Rule 11 Agreement Rule 11 Agreement regarding possession 03/2812014 Petition {Non - OCA} ~70.00 Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce 04/0112014 Certificate of De11osition {Bill of Cost Form) Maryam Farahmand Reporter Certification 0410412014 Certificate of De11osition {Bill of Cost Form) Roger Farahmand 04/1012014 Certificate of De11osition {Bill of Cost Form} Reporters Certification Deposition of Marya m Farahmand March 4,2014 04/2112014 Certificate Certificate of Written Discovery 04/23/2014 Service Return Return of service on Asian Ghaffari on Notice of Intent to take Depo. 0412312014 Letter Hearing Date 0712912014 04124/2014 Request for Citation $8.00 0412412014 Request for Notice $8.00 04/2512014 Motion Motion for Substitution of Counsel 0412812014 Citation Farahmand, Maryam Served 0510212014 Returned 05/02/2014 0412812014 Notice Farahmand, Maryam Served 05/0212014 Returned 05/02/2014 04128/2014 Sub11oena Return - Not DC Issued Shahrbanoo Khanipour aka Mahnaz Keyani Subpoena served 05101/2014 Designation of Designation of Attorney in Charge 0510212014 Service Return Maryam Farahmand Served Notice 05102120 14 0510212014 Service Return Maryam Farahmand Served Citation 05/0212014 0510212014 Agreed Order Agreed Scheduling Order 0510612014 Certificate Certificate of Written Discovery 05/0812014 Certificate Certificate of Written Discovery 0510912014 Sub11oena Return - Not DC Issued Custodian of Records for Syed Shah 0510912014 Sub11oena Return - Not DC Issued Custodian of Records for Dr. Michael Scott Woods 05/0912014 Sub11oena Return - Not DC Issued Custodian of Records for Thomas Janacek served subp 05/0912014 05/1612014 Petitioner's Petitioner's Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out-of-State Witness 0511612014 Service Return Notice of intent to issue Subpoena Legacy A partment Homes Served 05114114 0511912014 Notice of Hearing Notice of Hearing on Petitioner's Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out-of-State Witness 0512212014 Original Answer Maryam Farahmand's Answer to Original Pe tition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce 0512312014 Sub11oena Return - Not DC Issued Dr Michael Scott Woods 05123/2014 Subi;ioena Beturn - Not DC Issued CR for Syed Shah served Subpoena 0512212014 05/23/2014 Sub11oena Return - Not DC ls!!ued Custodian of Records for Thomas Janacek, M.D. http://cijspub.co.collin. tx. us/secure/CaseDetail.aspx?CaseID= 1273404 6/18/2014 Page 3of7 05/23/2014 Subi;ioena Return - Not DC Issued Dr Robert Gordon 05/2712014 Motion Hearing (9:00 AM) (Judicial Officer Rusch, Mark) Mllssuance of Letters Rogatory and Subpoena to Depose Out-of-State Witness 05/27/2014 Appearance of Counsel Notice of Appearance of Counsel 05/27/2014 Resi;ionse Respondent's Response and Objections to Issuance of Leiters Rogatory and Subpoena to Depose an Out-of-state Witness 05/27/2014 Certificate Certificate of Marriage 05/27/2014 General Docket Entry Letters Rogatory issued 05/27/2014 Order Order for Issuance of Letter Rogatory and Subpoena to Depose an Out of State Witness 05/29/2014 Subi;ioena Return - Not DC Issued Custodian of Records for Post Legacy Apartments seNed Sub poena 0512812014 05/2912014 Certificate Certificate of Written Responses to Discovery 06/0312014 Request for Copies $1.00/ pg x10 06/0512014 Sub1:1oena Return - Not DC Issued Custodian of Records for Dr. Thomas Janacek seNed subpoena 06/0412014 06/09/2014 Notice of Intention to Take Dei;iosition bl£ Writteo Questions Written Deposition Service transcription of deposition of written questions on Dr. Ghaffari and Bill of Costs 06/09/2014 Designation of Petitioner's Designation of Expert Witnesses 06/09/2014 Motion First Motion to Compel, Motion for Sanctions for Egregious Conduct by a Licensed Attorney and His Client Party and Motion for Interim Attorney Fees and Expenses 06/09/2014 Affidavit Medical Records and Affidavit - Centennial Medical Center of Frisco 06/09/2014 Notice Notice of Filing Business Records Affidavit and Records - Gen tennial Medical Center Frisco 06/09/2014 Affidavit Business Records Affidavit - Post Legacy Apartments 06/09/2014 Notice Notice of Filing of Business Records Affidavit - Post Legacy Apartments 06109/2014 Notice Notice of Business Records and Affidavit Filing - Sayed Shah, MD. 06/09/2014 Affidavit Medical Records and Affidavit - Sayed Shah, M.D. 06/09/2014 Affidavit Medical Records and Affidavit 06/09/2014 Designation of Respondent's Designation of Expert Witnesses 06/09/2014 Certificate of Written Discovery 06/09/2014 Notice Notice of Filing Medical Records and Affidavit 06/10/2014 Notice Notice of Filing BRA and Records - Dr. Robert Gordon 06/10/2014 Affidavit Medical Records and Affidavit - Dr. Robert Gordon (UNDER S EAL) 06/10/2014 Notice Notice of Filing Records and Affidavit 06/10/2014 Affidavit Medical Records and Affidavit - Texas Health Presbyterian Plano Hospital Part 1 (UNDER SEAL) 06/10/2014 Affidavit Medical Records and Affidavit - Texas Health Presbyterian Plano Hospital Part 2 (UNDER SEAL) 06/10/2014 Notice Notice of Filing BRA and Records - Dr. Scott Woods 06/10/2014 Affidavit Medical Records and Affidavit - Dr. Scott Woods (UNDER SE.AL} 06/10/2014 Affidavit Business Records and Affidavit - Frisco PD 06/10/2014 Notice Notice of Filing of Records and Affidavit - Frisco PD 06/10/2014 Affidavit Business Records and Affidavit - Plano PD 06/10/2014 Notice Notice of Filing BRA and Records - Frisco PD Corrected 06/10/2014 Notice Notice of Filing of Records and Affidavit - Plano PD 06/10/2014 Notice Notice of Filing BRA and Records - Arlington PD 06/10/2014 Affidavit Business Records and Affidavit - Arlington PD 06/10/2014 Notice Notice of Filing Business Records and Affidavit - Richardson PD 06/10/2014 Affidavit Business Records and Affidavit - Richardson PD 06/13/2014 Amended Motion Petitioner's First Amended Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out of State Witness 06/13/2014 Affidavit http://cijspub.co.collin.tx. us/secure/CaseDetail.aspx?CaseID= 1273404 6/18/2014 Page 4of7 Foreign Language Translation an d Affidavit - Written Deposition Questions Farsi to English 06/13/2014 Affidavit Foreign Language Translation an d Affidavit - Video Farsi to English 06/13/2014 Affidavit Foreign Language Translation an d Affidavit - Video English to Farsi 0611312014 Affidavit Foreign Language Translation an d Affidavit - Written Questions English to Farsi 0611312014 Original Answer Amicus Attorney's Original Answer in Suit Affecting the Parent- Child Relationship 0611312014 Designation of Designation of Attorney in Charge 0611312014 Notice Petitioner's Notice of Intent to Take Oral and Video Taped Deposition of Amir Bagherkalantari 0611312014 Order of Letters Rogaroty and Subpoena for an Out of State Witness Amir Bagherkalantari 0611612014 Subi;!oena Return - Not DC Issued Mary F Wise aka Mariam Farahm and aka Mary Farahmand 0611612014 Motion Motion to Sign Temporary Orders 0611612014 Notice of Hearing Notice of Hearing on Motion to Sign Temporary Orders 0611712014 Notice Notice of Intent to Take Oral and Video Taped Deposition of Taher El-Badawi 0611712014 Amended First Amended Notice of Intent to Take Oral and Videotaped Deposition of Taher El-Badawi 0611712014 Notice Petitioner's First Amended Notice of Intent to Take Oral and Video Taped Deposition of Amir Bagherkalantari 0611812014 Notice of Hearing on Motion to Sign Temporary Orders 06118/2014 Amended Motion Petitioner's Second Amended Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out-Of-State Witness 06/1812014 Request for Copies $1.001 pg 06/18/2014 Certificate Respondent's Certificate of Writte n Discovery - Requests for Admission 06/2312014 Motion to Sign (9:00 AM) (Judicial Officer Rusch, Mark) TO's 07/2912014 Hearing (9:00 AM) (Judicial Officer Rusch, Mark) on Petiton to void Minor Child Total Financial Assessment 2.00 Total Payments and Credits 2.00 Balance Due as of 0611812014 0.00 06/13/2014 Transaction Assessment 2.00 0611312014 Payment Receipt# DC-47305-2014 (2.00) Petitioner Farahmand, Roger Arash Total Financial Assessment 530.00 Total Payments and Credits 530.00 Balance Due as of 0611812014 o.oo 12/30/2013 Transaction Assessment 284.00 12130/2013 Transaction Assessment 8.00 12/30/2013 Transaction Assessment 8.00 12/3012013 Payment Receipt# DC-63819-2013 FARAHMAND, ROGER A (300.00) 03/18/2014 Transaction Assessment 2.00 03/1812014 Payment Receipt# DC-19892-2014 FARAHMAND, ROGER A (2.00) 03121/2014 Transaction Assessment 2.00 03/2112014 Payment Receipt# DC-21274-2014 FARAHMAND, ROGER A (2.00) 03128/2014 Transaction Assessment 72.00 03/28/2014 Payment Receipt# DC-23643-2014 FARAHMAND, ROGER A (72.00) 04101/2014 Transaction Assessment 2.00 04/01/2014 Payment Receipt# DC-24382-2014 FARAHMAND, ROGER A (2.00) 0410412014 Transaction Assessment 2.00 04104/2014 Payment Receipt# DC-25524-2014 FARAHMAND, ROGER A (2.00) 04110/2014 Transaction Assessment 2.00 04110/2014 Payment Receipt# DC-26831-2014 FARAHMAND, ROGER A (2.00) 04/1712014 Transaction Assessment 2.00 04/17/2014 Payment Receipt# DC-29154-2014 FARAHMAND, ROGER A (2.00) 0412112014 Transaction Assessment 2.00 04121/2014 Payment Receipt# DC-29986-2014 FARAHMAND, ROGER A (2.00) 0412312014 Transaction Assessment 2.00 04123/2014 Payment Receipt# DC-30921-2014 FARAHMAND, ROGER A (2.00) 0412312014 Transaction Assessment 2.00 0412312014 Payment Receipt# DC-30945-2014 FARAHMAND, ROGER A. (2.00) 0412412014 Transaction Assessment 8.00 http://cijspub.eo.collin.tx.us/secure/CaseDetail.aspx?CaseID=1273404 6/18/2014 Page 5of7 04/24/2014 Transaction Assessment 8.00 04/24/2014 Payment Receipt# DC-31124-2014 Gary Sherman (16.00) 04/28/2014 Transaction Assessment 2.00 04/28/2014 Payment Receipt# DC-32057-2014 FARAHMAND, ROGER A. (2.00) 05/02/2014 Transaction Assessment 2.00 05/02/2014 Payment Receipt# DC-33663-2014 FARAHMAND, ROGER A. (2.00) 05/02/2014 Transaction Assessment 2.00 05/02/2014 Payment Receipt# DC-33664-2014 FARAHMAND, ROGER A. (2.00) 05/06/2014 Transaction Assessment 2.00 05/06/2014 Payment Receipt# DC-34317-2014 FARAHMAND, ROGER A. (2.00) 05/08/2014 Transaction Assessment 2.00 05/08/2014 Payment Receipt# DC-35500-2014 FARAHMAND, ROGER A. (2.00) 05/09/2014 Transaction Assessment 2.00 05/09/2014 Payment Receipt# DC-36083-2014 FARAHMAND, ROGER A. (2.00) 05/09/2014 Transaction Assessment 2.00 05/09/2014 Payment Receipt# DC-36086-2014 FARAHMAND, ROGER A. (2.00) 05/09/2014 Transaction Assessment 2.00 05/09/2014 Payment Receipt# DC-36091-2014 FARAHMAND, ROGER A. (2.00) 05/16/2014 Transaction Assessment 2.00 05/16/2014 Payment Receipt# DC-38273-2014 FARAHMAND, ROGER A. (2.00) 05/19/2014 Transaction Assessment 2.00 05/19/2014 Payment Receipt# DC-38487-2014 FARAHMAND, ROGER A. (2.00) 05/19/2014 Transaction Assessment 2.00 05/19/2014 Payment Receipt# DC-38777-2014 FARAHMAND, ROGER A. (2.00) 05/23/2014 Transaction Assessment 2.00 05/23/2014 Payment Receipt# DC-40326-2014 FARAHMAND, ROGER A. (2.00) 05/23/2014 Transaction Assessment 2.00 05/23/2014 Payment Receipt# DC-40332-2014 FARAHMAND, ROGER A. (2.00) 05/23/2014 Transaction Assessment 2.00 05/23/2014 Payment Receipt# DC-40347-2014 FARAHMAND, ROGER A. (2.00) 05/23/2014 Transaction Assessment 2.00 05/23/2014 Payment Receipt# DC-40363-2014 FARAHMAND, ROGER A. (2.00) 05/27/2014 Transaction Assessment 2.00 05/27/2014 Payment Receipt# DC-40684-2014 FARAHMAND, ROGER A. (2.00) 05/29/2014 Transaction Assessment 2.00 05/29/2014 Payment Receipt# DC-41719-2014 FARAHMAND, ROGER A. (2.00) 05/29/2014 Transaction Assessment 2.00 05/29/2014 Payment Receipt# DC-41844-2014 FARAHMAND, ROGER A. (2.00) 06/03/2014 Transaction Assessment 10.00 06/03/2014 Payment Receipt# DC-42961-2014 Julio C Arrobas (10.00) 06/05/2014 Transaction Assessment 2.00 06/05/2014 Payment Receipt# DC-43854-2014 FARAHMAND, ROGER A. (2.00) 06/09/2014 Transaction Assessment 2.00 06/09/2014 Payment Receipt# DC-45391-2014 FARAHMAND, ROGER A. (2.00) 06/09/2014 Transaction Assessment 2.00 06/09/2014 Payment Receipt# DC-45429-2014 FARAHMAND, ROGER A. (2.00) 06/09/2014 Transaction Assessment 2.00 06/09/2014 Payment Receipt# DC-45505-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45521-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45531-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45534-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45542-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt ff DG-45545-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45551-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45560-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45633-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45682-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45693-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45697-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45715-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45759-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45760-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45768-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45770-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45775-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45782-2014 FARAHMAND, ROGER A. (2.00) http://cijspub.co .collin. tx. us/secure/CaseDetail .aspx?CaseID= 12 73404 6/18/2014 Page 6of7 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45783-2014 FARAHMAND, ROGER A. (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45810-2014 FARAHMAND, ROGER A (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45814-2014 FARAHMAND, ROGER A (200) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45876-2014 FARAHMAND, ROGER A (2.00) 06/10/2014 Transaction Assessment 2.00 06/10/2014 Payment Receipt# DC-45878-2014 FARAHMAND, ROGER A (2.00) 06113/2014 Transaction Assessment 2.00 06/13/2014 Payment Receipt# DC-47026-2014 FARAHMAND, ROGER A. (2.00) 06/13/2014 Transaction Assessment 2.00 06/13/2014 Payment Receipt# DC-47216-2014 FARAHMAND, ROGER A. (2.00) 06/1312014 Transaction Assessment 2.00 06/13/2014 Payment Receipt# DC-47219-2014 FARAHMAND, ROGER A. (2.00) 06/13/2014 Transaction Assessment 2.00 06/13/2014 Payment Receipt# DC-47220-2014 FARAHMAND, ROGER A (200) 06/1312014 Transaction Assessment 2.00 06/13/2014 Payment Receipt# DC-47225-2014 FARAHMAND, ROGER A (2.00) 06/16/2014 Transaction Assessment 2.00 0611612014 Payment Receipt# DC-47344-2014 FARAHMAND, ROGER A (2.00) 06/16/2014 Transaction Assessment 2.00 0611612014 Payment Receipt# DC-47765-2014 FARAHMAND, ROGER A (2.00) 0611712014 Transaction Assessment 2.00 06117/2014 Payment Receipt# DC-48013-2014 FARAHMAND, ROGER A (2.00) 06/1712014 Transaction Assessment 2.00 0611712014 Payment Receipt# DC-48039-2014 FARAHMAND, ROGER A (2.00) 06/1712014 Transaction Assessment 2.00 06/17/2014 Payment Receipt# DC-48096-2014 FARAHMAND, ROGER A (2.00) 0611812014 Transaction Assessment 2.00 06/1812014 Payment Receipt# DC-48265-2014 FARAHMAND, ROGER A (2.00) 0611812014 Transaction Assessment 2.00 06118/2014 Payment Receipt# DC-48541-2014 Koons Fuller (200) RespondentFarahmand,Maryam Total Financial Assessment 92.00 Total Payments and Credits 92.00 Balance Due as of 06/18/2014 0.00 0112412014 Transaction Assessment 2.00 01/24/2014 Payment Receipt# DC-05866-2014 Farahmand, Maryam (2.00) 0112712014 Transaction Assessment 2.00 01/2712014 Payment Receipt# DC-06362-2014 Farahmand, Maryam (2.00) 0112712014 Transaction Assessment 52.00 01/27/2014 Payment Receipt# DC-06370-2014 Farahmand, Maryam (52.00) 0112812014 Transaction Assessment 2.00 01/28/2014 Payment Receipt# DC-06600-2014 Farahmand, Maryam (200) 0112812014 Transaction Assessment 2.00 01/2812014 Payment Receipt# DC-06623-2014 Farahmand, Maryam (2.00) 02105/2014 Transaction Assessment 2.00 0210512014 Payment Receipt# DC-08569-2014 Farahmand, Maryam (2.00) 0212512014 Transaction Assessment 2.00 0212512014 Payment Receipt# DC-14149-2014 Farahmand, Maryam (2.00) 0212612014 Transaction Assessment 2.00 02/26/2014 Payment Receipt# DC-14447-2014 Farahmand, Maryam (2.00) 03106/2014 Transaction Assessment 2.00 0310612014 Payment Receipt# DC-16467-2014 Farahmand, Maryam (2.00) 0410412014 Transaction Assessment 2.00 0410412014 Payment Receipt# DC-25346-2014 Farahmand, Maryam (2.00) 04/2512014 Transaction Assessment 2.00 04/2512014 Payment Receipt# DC-31710-2014 Farahmand, Maryam (2.00) 05/01/2014 Transaction Assessment 2.00 0510112014 Payment Receipt# DC-32957-2014 Farahmand, Maryam (2.00) 05/2212014 Transaction Assessment 2.00 0512212014 Payment Receipt# DC-39989-2014 Farahmand, Maryam (2.00) 05/27/2014 Transaction Assessment 2.00 0512712014 Payment Receipt# DC-40611-2014 Farahmand, Maryam (200) 0512712014 Transaction Assessment 2.00 05/2712014 Payment Receipt# DC-40631-2014 Farahmand, Maryam (2.00) 06/0912014 Transaction Assessment 2.00 0610912014 Payment Receipt# DC-45432-2014 Farahmand, Maryam (2.00) 06/10/2014 Transaction Assessment 2.00 06/1012014 Payment Receipt# DC-45553-2014 Farahmand, Maryam (2.00) 06/10/2014 Transaction Assessment 2.00 06110/2014 Payment Receipt# DC-45554-2014 Farahmand, Maryam (2.00) 06/13/2014 Transaction Assessment 2.00 0611312014 Payment Receipt# DC-47308-2014 Farahmand, Maryam (2.00) 06116/2014 Transaction Assessment 2.00 0611612014 Payment Receipt# DC-47674-2014 Farahmand, Maryam (2.00) 06/18/2014 Transaction Assessment 2.00 06118/2014 Payment Receipt# DC-48571-2014 Farahmand, Maryam (2.00) http://cijspub.co.collin. tx. us/secure/CaseDetail.aspx?CaseID= 12 73404 6/18/2014 Page 7 of7 http://cijspub.eo.collin.tx.us/secure/CaseDetail.aspx?CaseID=l273404 6/18/2014 CAUSE NO. 401-56531-2013 A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGER ARASH FARAHMAND § .AND § 401 st JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § , § A MINOR CHILD. § COLLIN COUNTY, TEXAS AFFIDAVIT OF MARYAM PARVIZ-KHYA VI FARAHMAND COUNTY OF DALLAS § § STATE OF TEXAS § BEFORE ME, the undersigned authority, on this day personally appeared MARYAM PARVIZ-KHYAVI FARAHMAND, whose identity was proved to me by her Texas driver's license, and whose signature is affixed hereto, and, who, after first being duly sworn on her oath did say she is over the age of 18 years, has never been convicted of a felony, and is competent to make this affidavit, that she has read this Affidavit, has knowledge of the fact contained herein, and that they are all true and correct. 2. I had a relationship with AMIR BAGHERKALANTARI. AMIR BAGHERKALANTARI and I were engaged for a short time, but such relationship terminated in the year 2010. ~~~~~~~~~~~~~~~~~~~~~~~~~~--ti~ Error! No bookmark name given. Page - I - ,g 5. I never signed any declaration stating that I was married to AMIR BAGHERKALANTARI or agreed to marry AMIR BAGHERKALANTARI at or on any future date. 6. I never signed a Muslim marriage contract with AMIR BAGHERKALANTARI or any of his family members. 7. I never gave any person my permission or the authority to enter into a marriage contract on my behalf to AMIR BAGHERKALANTARI. 8. I did not give a marriage license or marriage certificate to Dr. Asian Ghaffari to evidence a marriage to AMIR BAGHERKALANTARI in the year 2009. 9. I did not ask Dr. Asian Ghaffari to sign a marriage license or marriage certificate in the year 2009. 10. The factual statements contained in paragraphs numbered 1-9 above are of my own personal knowledge and are true and correct." FURTHER I SAYETH NOT. Jit&~ i\M AR (~ture) KHY A VI FARAHMAND 140506 Affidavit of MARYAM PARVIZ-KHYA VI FARAHMAND.doc Page-2- _ _ _ _ _ _ _ _ _ _ _(signature) MARYAM PARVIZ-KHYAVI FARAHMAND This instrument was ACKNOWLEDGED, SWORN TO, and SUBSCRIBED BEFORE ME, the undersigned notary, © v ·, Lt\...~ K .~: l l; s e (name of notary), on the ~day of May, 2014, by MARYAM PARVIZ-KHYAVI FARAHMAND, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the affidavit and acknowledged to me that she executed the same in his authorized capacity, and that by her signature on the affidavit she executed the instrument. foregoing paragraph is true and correct. WITNESS my hand and official seal. ~arun) NOTARY Notary Stamp {;Jr"'" BRIANNE K. PHILLIPS fo.~~f.. Notary Publlc. State of Texas \~;,~/~i My Commission Expire& ......, ..,.,"fo·;,;·.-,~"' ~ March 26. 2017 140506 Affidavit of MARYAM PARVJZ-KHYAVI FARAHMAND.doc Page-I- Filed: 6/13/2014 2:39:03 PM Andrea S. Thompson District Clerk Collin County, Texas By Angela Alexander Deputy THIS DOCUMENT CONTAINS SENSITIVE INFORMATIO'N,velope ID: 1537545 A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § MARYAMFARAHMAND § 401ST JUDICIAL DISTRICT § AND IN THE INTEREST OF § § , § A MINOR CHILD § COLLIN COUNTY, TEXAS FOREIGN LANGUAGE TRANSLATION AND AFFIDAVIT To: MARYAM FARAHMAND (hereinafter referred to as "Respondent"), by and through her attorneys of record, Robert S. Widner, The Widner Family Group, PLLC, 2911 Turtle Creek Blvd., Suite 405, Dallas, TX 75219, robertwidner@gmail.com; and Dawn M. Grams Horak, Dawn M. Grams P.C., P.O. Box 924, Grapevine, Texas 76099, dgrams@msn.com. Petitioner, Roger Arash Farahmand, hereby submits an English translation, together with an affidavit certifying that the translation is fair and accurate a copy of which is attached hereto as Exhibit A and incorporated herein as if recited verbatim, of the Farsi portions of the video placed into evidence as "Petitioner's Exhibit 2" at the March 10, 2014, hearing before this Court. These records will be offered in evidence on the trial of the captioned cause pursuant to Rule 1009(a) of the TEXAS RULES OF EVIDENCE. ~T Page 1 of 11 Foreign Language Translation and Affidavit- Video Respectfully submitted, Isl Rebecca Tillery IKE V AND EN EYKEL State Bar No. 20485500 E-mail: ike@koonsfuller.com REBECCA TILLERY State Bar No. 24060729 E-mail; tillery@koonsfuller.com KOONSFULLER A Professional Corporation 1717 McKinney Avenue, Suite 1500 Dallas, Texas 75202 (214) 871-2727 (214) 871-0196 Fax Bradford Nace State Bar No. 24007726 E-mail: bnace@nacemotley.com Nace & Motley, LLC 100 Crescent Court, 7th Floor Dallas, Texas 75201 (214) 459-8289 (214) 242-4333 Fax Page 2of11 Foreign Language Translation and Affidavit - Video CERTIFICATE OF SERVICE I certify that on June 13, 2014, a true copy of the above was e-served on attorneys of record by transmitting a copy to the EFSP during e-filing for transmission to the designated email address or by other means set forth in accordance with Rule 21 a of the Texas Rules of Civil Procedure: Robert S. Widner The Widner Family Law Group, PLLC 2911 Turtle Creek Blvd., Suite 405 Dallas, Texas 75219 robertwidner@gmail.com 972.692.8951 (fax) Dawn M. Grams Horak Dawn M. Grams, P.C. P. 0. Box 924 Grapevine, Texas 76099 dgrams@msn.com 214-572-6893 (fax) Diana L. Porter Diana L. Porter, P.C. 103 E. Virginia Street, Suite 201 McKinney, Texas 75069 dporter@co llincountydivorce .com 972-548-2349 (fax) Isl Rebecca Tillery REBECCA TILLERY Attorney for Petitioner Page 3of11 Foreign Language Tnmslation and Affidavit - Video INTERLINGUA USA Translations - Interpretations - Private & Group Classes 16801 Addison Road, SUite 110 ·Addison, Texas 75001 l.t.i Phone: 972 818 3455 - Fax: 972 818 3742 < rosa@interlinguausa.com - www.interlinguausa.com ~ "' (
STATE OF TEXAS ) ) COUNTY OF DALLAS ) CERTIFICATION I certify that to the best of my knowledge and belief the foregoing is a true and correct rendition into English of the original document in Farsi and that the translator is proficient in both languages. Our File number is TR16825_Petitioner's_Exhibit_2_Cause_No._401-56531- 2010/IMOM_Farahmand_English Translation. Before me, the undersigned, a Notary Public, on this day personally appeared, Joe Hedderich, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Rosa em dez Notary Public My Commission expires 11/25/2016 ~'·'·~~; "" I (>r-.;• ••I ol•">" • ~' "'" '"" • T~Natill~ltl t Ass-xlnOO!l or Jutl~iill'Y' V\( Disclosure: We don't agree or disagree with the contents of this document; we are just providing translation service. Page 4 Of 11 14:43 (Conductor) With the Name of Allah Most Gracious Most Merciful Praise the Lord that the foundations are laid on the continuity of the roots of conjugal affection and attachment to the headband based Marriage was based on. Combining family and lives life to the fertile with smiling child who brings happiness and warmth. Endless greeting to the prophets and servants which encouraged this essential traditions. Mostly, with endless greeting to our most beloved Prophet, which he declared marriage as one of his traditions Ms. Maryam Parviz, will you appoint me as your agent and proxy to marry you to Mr. Amir Bagher Kalantary with marriage- portion of one volume of the Holy Book of Quran, with intention of fourteen Saints, fourteen steam of golden flower. Will you give me the power of attorney to marry you? 16:32 Bride is out to pick some flower. {Laughing) 16:40 {Conductor) My dear Maryam, Ms. Maryam, Are ready to give me the power of attorney to marry you to Mr. Amir Bagher Kalantary, with mentioned marriage-portion. Are you ready and willing to be with each other for better and worse, for richer or poorer, in sickness and in health? 17:00 The bride is out to get rose water (Conductor) Ms. Maryam, Are ready to give me the power of attorney to marry you to Mr. Amir Bagher l Are you ready and willing to be with each other for better and worse, for richer or poorer, in sickness and in health? Page 5of11 18:03 (Wife) With my mother and my father permission, yes I do 18:11 (Conductor) Okay Sir, will you give me your power of attorney to ......... . 18:26 (Husband) With my mother and my father permission and rest of elders, yes I do 18:48 (Conductor) Reading in Arabic At this time I am pronouncing you legal Husband and wife. I am hoping during your lifetime you always be Happy, joyful, blissful and I am hopping you always have a fulfill of happiness and prosperity in your family. 19:53 Joyful cheer 19:56 Give me a moment .... 20:00 20:01 Please, go head 20:03 Please allow me to read a poem from Hafez. Book of Hafez is like Quran to us. This is Islamic Tradition This old poem from Hafez is a very beauteous for this moment. Page 6of11 It says: 1- When, in prayer, to me recollection of the curve ofThy eye-brow-came. (Over me such} a state passed that, into lament, the prayer-arch-came. 2- Clear, became wine; and intoxicated, became the birds of the sward: The season of being a lover; and to foundation, the work - came. 3- From the world's quarter, I perceive welfare's perfume: Gladness, the rose brought; and joyous the morning breeze-came. 4- The flowery heart-allurers (the rose, the hyacinth, the sweet basil) all put on jewels (of flowers): Our heart-ravisher, who is with beauty God-given-came. 22:14 From mother of Maryam for Maryam and Amir Cheering and clapping. 22:48 From relatives of our beloved Shamssi. 31:30 End of the first part 31:31 Music and clapping 34:55 Music, dancing and guests singing cherish songs with pre-recorded music. Page 7of11 . ; 1:12:20 We have the maid of honor here; it is her sister, with the knife to give to bride and groom. Amir Khan, I am telling you, the best way to get the knife is CASH, cold hard cash. Amir, are you listening?( .... Everybody talking to each other ... ) You try to be handsome but I don't know if it will work. 1:25:56 One two three, eyes on me. Hi, Hi, I am Mahsa and I hope everyone have a great night. I just want to say congratulation to dear Maryam and dear Amir. I honestly could not ask a sister better than you. Beautifully, you always have been for me through thick and thin. I love you so much. And we fight a lot and I took your cloth but, I mean this is what sister does a lot. I mean, I still could borrow your cloth. So . . . . Right? (Woman's voice) you can borrow the wedding dress .... What? ...... I can borrow the wedding dress? ..... It would be awesome. I am just joking, but honestly, I wish you guy the best in life, happy healthy marriage and .... (Man's voice) thank you every body for coming ..... (Maha's voice) ..... Thank all of you for coming ....... I don't know what to say ..... I am speechless .... I am .. . . Because this is the biggest night of my life ...... not really ..... it is one of the biggest night of her life I But .... you know ... that's awesome ... Come here ..... Clapping ...... . 1:27:55 I would like to thanks you all my dear friends, which traveled from near and far away to attend this festivity. Tonight, As you know, we are celebrating the marriage of my daughter my dear Maryam, and dear Amir. Unfortunately, Amir's families are in Iran and they could not attend. At this moment I would like to say hello to them and I hoping to meet them soon and be all together in their wedding. On behalf of myself and my family, I would like to congratulate to this union and may always be in peace, healthy and being stable. Thank you and thankful for coming At the end, I would like to read a vesicle from Hafez: The star gleamed; and the moon of assembly-became Of our affrighted heart, the consoler and comforter--became Page 8of11 1:32:43 Hello, Shalom, congratulation to you both, you and Amir. You make a beautiful couple. I just wanted to kind of say since I have known you for quite a while, since you started your PHO, a long time ago, and I helped you a little bit in that lab to get started, that, I think that you are beautiful and intelligent young lady, and I wish you and Amir the most happiest of times, the greatest of time and a wonderful, loving marriage. You've accomplished some of the greatest things that anybody could accomplish. A patted and now you are starting your family, your life and I wish you the very best and keep up with me, with the Zenotch staff. UTS not UT. This fall down. So give me a call. Call me. 1:33:25 Maryam and Amir, congratulation! Best wishes in the future and beautiful wedding, beautiful party. Congratulation. 1:33:30 And your dress was amazing, good choice on that one. 1:33:34 Yes. Great dress and great shoes. Love the shoes. 1:33:37 Love you, congratulations Amir. It was nice to meet you Sir. 1:33:48 Okay Maryam ..... Guess what time it is? ....... it is flip time! Okay so I hope you have an awesome wedding and I know you did because I was there. And yeah, we are going to go home and we are gonna totally get waste face, again because I have more alchy! And I love you I love Amir and I love everyone. Best of luck. Guy: Congratulations Girl: Say something in Farsi Page 9 of 11 Guy: I don't know that. Girl: Didn't I teach you well? Guy: No Girl: What the douche. I am just kidding. Okay? Love you! 1:34:42 Dear Maryam and dear Amir( ....... ) wishing you good luck. God willing you would have luck. Have a durable life with lots of energetic babies like this one! Together be sustainable. 1:34:50 I also congratulate, I wish you many years of happiness and success and get old together. 1:35:22 Dear Maryam and dear Amir, wishing you lots of luck. And get old together. Dear Maryam, as you know I always loved you like my own nice. We are having such a good time in your wedding. Everything I did for { ....... )wedding, I am doing it for you too. I hope you would celebrate your wedding anniversaries and like you, your little kids call me aunty too. I love you and wishing you best of luck. 1:36:19 Dear Maryam and dear Amir, I wish a very very fine life for you. Marriage is not love, it is devotion, it is self-sacrifice, working on issues. I wish you luck. Be successful. 1:37:02 Dear Maryam tonight was such a lovely night also dear Amir, I would like to congratulate you one more time. I wish you luck and I hope you would have a long life together. Thank you for inviting us. We are very happy and we are very thankful. We wish you prosperity and security. Page 10 of 11 1:37:25 Myself too. We had a lovely night. For years, It was one of my wishes. We had very good time. We hope next to you, with happiness, you two live together for years to come. Also I would like to thank Mr. Parviz, Shamsi Jan and Mahsa Jan. you worked very hard. 1:37:14 Hi Maryam Joon, I just want to say congratulations. We had such a great night tonight and I wish you the best and I love you very much. 1:38:23 I want to wish you the best. Have a long and happy life with Amir and I love you very much. And remember Preston wood, when I came to that school and we were playing with ( ......... )and you probably don't remember that, so that's all and I wish you the best. I love you. 1:38:42 End of tape Page 11 of 11 1 Hearing March 1-0, 201-4 1 REPORTER'S RECORD 2 VOLUME 1 OF 1 VOLUME 3 TRIAL COURT CAUSE NO. 401-56531-2013 4 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF 5 ROGER ARASH FARAHMAND AND COLLIN COUNTY, TEXAS 6 MARYAM FARAHMAND 7 AND IN THE INTEREST OF 401st JUDICIAL DISTRICT 8 13 14 15 16 17 18 19 On the 10th day of March, 2014, the following 20 proceedings came on to be held in the above-titled and 22 Presiding, held in McKinney, Collin County, Texas. 23 Proceedings reported by computerized machine 24 shorthand. 25 Kimberly Tinsley, CSR #3611 (972) 548-4247 2 Hearing March 10, 2014 2 Bradford Winston Nace SBOT NO. 24007726 Attorney at Law 3 100 Crescent Court 7th Floor 4 Dallas, TX 75201 Telephone: (214)459-8289 5 Attorney for Petitioner Roger Farahmand 6 8 Richard J. Corbitt SBOT NO. 04817000 Attorney At Law 9 6440 N. Central Expwy. Suite 402 10 Dallas, TX 75208 Telephone: (214)744-1234 11 Attorney for Respondent Maryam Farahmand 12 Kimberly Tinsley, CSR #3611 (972) 548-4247 3 Hearing March 10, 2014 4 Proceedings begin .............................. 5 1 5 Witness Direct Cross Vair Dire ASLAN GHAFFARI 6 By Mr. Nace 11 1 By Mr. Corbitt 13 1 7 By Mr. Nace 17 1 By Mr. Corbitt 20 1 8 By Mr. Nace 21 1 9 FARID RASTEGAR By Mr. Nace 23 1 10 By Mr. Corbitt 26 1 By Mr. Nace 27 1 11 ROGER FARAHMAND 12 By Mr. Nace 29 1 By Mr. Corbitt 38 1 13 MICHAEL SCOTT WOODS 14 By the Court SS 1 15 ROBERT GORDON By the Court 68 1 16 17 Court's Ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7S 1 18 Adjourned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 1 19 Reporter's Certificate . . . . . . . . . . . . . . . . . . . . . . . . 105 1 3 Farahmand, Roger 29 38 1 Ghaffari, Aslan 11,17 20 13 1 4 Ghaffari, Aslan 21 1 Gordon, Robert 68 1 5 Rastegar, Farid 23,27 26 1 Woods, Michael Scott 55 1 6 13 1 Marriage License dated 18 1 12/12/2009 14 2 Video of 12/12/2009 on 25 25 1 15 DVD 16 3 Supporting Affidavit of 30 1 Roger Farahmand 17 4 Roger Farahmand's 31 31 1 18 Summary of Requests 19 Kimberly Tinsley, CSR #3611 (972) 548-4247 13 Aslan Ghaffari - March io, 20L4 Direct Examination by Mr. Nace 1 A. 97. 2 Q. And in your 97 years of life, approximately how 3 many years of marriage -- how many marriages have you 4 performed? 5 A. Approximately eight to ten people. 6 Q. And are you qualified to perform marriages in 7 the State of Texas? 8 MR. CORBITT: Objection, speculation on the 9 part of this witness until the witness has proven that he 10 has so. May I take the witness on voir dire? 11 THE COURT: Sure. 12 MR. CORBITT: Please the court. 13 VOIR DIRE EXAMINATION 15 Q. Mr. Ghaffari, I hope I pronounced your name 16 correctly. Are you a licensed ordained Christian 17 minister? 18 A. No, I don't have no license. 19 Q. Are you a priest? 20 A. No. 21 Q. Are you a Jewish rabbi? 22 MR. CORBITT: Am I talking too loud, Judge? 23 I'm sorry. 24 THE COURT: I can hear you. 25 Q. (By Mr. Corbitt) Mr. Ghaffari, are you a Jewish Kimberly Tinsley, CSR #3611 {972) 548-4247 14 Aslan Ghaffari - March 10 1 2014 Voir Dire Examination by Mr. Corbitt 1 rabbi? 2 A. No. 3 Q. Are you a justice of the Supreme Court? 4 A. No. 5 Q. Are you a judge of the Court of Criminal 6 Appeals? 7 A. No. 8 Q. Are you a justice of the Court of Appeals, of a 9 district, or a county, or a probate court? 10 A. No. 11 Q. Are you or have you been a judge of a domestic 12 relations or juvenile court? 13 A. No. 14 Q. Are you a retired justice or judge of any of 15 those courts that I asked just a minute ago? 16 A. No. 17 Q. Mr. Ghaffari, you said I think it was a wedding, 18 did you not, sir? 19 A. I'm sure it was a wedding. 20 Q. Excuse me. Was that his testimony? I'm sorry. 21 I feel rude about this. Was that his testimony just a 22 minute ago, to Ms. Kim, I think it was a wedding? 23 MR. NACE: Object to 24 THE COURT: He's asking did he say the 25 words "I think it was a wedding." Kimberly Tinsley, CSR #3611 (972) 548-4247 15 Aslan Ghaffari - March 10 1 2014 Voir Dire Examination by Mr. Corbitt 1 A. I saw it was a wedding. 2 MR. CORBITT: Thought, is that what I just 3 heard Mr. Translator? Thought? 4 INTERPRETER: No. 6 he just said, please. I'm sorry. My fault. 7 THE COURT: He didn't understand what you 8 said. Can you repeat? 9 INTERPRETER: I saw a wedding. 10 MR. CORBITT: Okay. Did he answer my 11 question? I think it was a wedding, did he use that 12 exact terminology? 13 MR. NACE: Object to the compound question. 14 THE COURT: Sustained. Respectfully, 15 that's a weight not admissibility thing. 16 MR. CORBITT: Please the Court, with regard 17 to purpose of voir dire, we'll pass the witness at this 18 particular juncture in time. But we will make an 19 objection under Family Code 2.202 that he is not 20 qualified to conduct a wedding in the State of Texas. 21 THE COURT: Mr. Ghaffari 22 MR. CORBITT: And I will also state that 23 the Court can take judicial knowledge of the fact that 24 Mr. Farahmand was the Petitioner in this cause, and he 25 files the petition on December 30th, 2013, at 2:02 p.m. Kimberly Tinsley, CSR #3611 (972) 548-4247 16 Aslan Ghaffari - March 10 1 2014 Voir Dire Examination by Mr. Corbitt 1 and he specifically stated that the parties were married 2 as husband and wife on or about July 28th, 2012. 3 THE COURT: I'll be happy to take judicial 5 Mr. Ghaffari, by what authority did you 6 perform a wedding? 7 THE WITNESS: In Islamic law there is no 8 need to have any permission. 9 THE COURT: Well 1 are you an Imam? 10 THE WITNESS: No. 11 THE COURT: Are you telling me that anyone 12 in Islamic law is authorized to perform a wedding? 13 THE WITNESS: That's my thought and 14 understanding. 15 THE COURT: Okay. And just so that I 16 understand, I know that there are several subdivisions of 17 Islam, Sunni, for example, Shi'ite. What subdivision are 18 you? 19 THE WITNESS: Shi'ite. 20 THE COURT: Thank you. So the world will 21 know, I'm not an expert under Islamic law, but at least 22 I've got his testimony that he is authorized to do that. 24 far as 2.02 is concerned. Mr. Nace. 25 MR. NACE: Thank you, Your Honor. Kimberly Tinsley, CSR #3611 (972) 548-4247 17 Aslan Ghaffari - March io, 2oi4 Direct Examination by Mr. Nace 1 DIRECT EXAMINATION (CONTINUED} 2 BY MR . NACE : 4 to perform this wedding? 5 A. I do not remember it very well, but definitely 6 could be one of their family members or father. 7 MR. NACE: May I approach the witness? 8 THE COURT: You may. 9 Q. (By Mr. Nace) I'm going to hand you what we'll 10 mark as Petitioner's 1. Can you identify this document 11 for the record? 12 INTERPRETER: He said, "This is my 13 signature. 11 14 Q. So that would be a yes, you can identify this 15 document for the record? 16 A. I don't remember very well, but this is my 17 signature and this is my handwriting. 18 Q. And is this a true and correct copy? 19 A. As you heard, I don't remember it very well. 20 But certainly this is my handwriting, and this is 21 everything that I wrote. 22 Q. On that particular document it says at the top 23 Rights of Matrimony, correct? 24 MR. CORBITT: Objection, Your Honor, speaks 25 for itself. It's not introduced into evidence. Kimberly Tinsley, CSR #3611 (972) 548-4247 18 Aslan Ghaffari - March 10 1 2014 Direct Examination by Mr. Nace 1 THE COURT: Sustained. 2 MR. NACE: We'll offer. 3 THE COURT: Does it have a number on it? 4 MR. NACE: Yes, Your Honor, Petitioner's 1. 5 MR. CORBITT: Predicate has not been 6 issued. 7 THE COURT: Let me see it, please. 8 MR. NACE: Yes, Your Honor. 9 (Document present to the Court) 10 THE COURT: Mr. Nace, I have what appears 11 to be a Xerox copy. I don't see a clerk's stamp on here 12 anywhere. 13 MR. NACE: Your Honor, we have the original 14 with another witness. That is a copy. 15 THE COURT: Why isn't the original of a 16 marriage license on file with my clerk? 17 MR. NACE: From what I understand, to file 18 it that was their responsibility through her family. But 19 the original does exist. 20 THE COURT: Where is the original? 21 MR. NACE: My client can better answer that 22 judge through another witness. Because of things missing 23 in this case, our chain of custody, we want to make sure 24 we're keeping things intact. 25 THE COURT: His objection is sustained at Kimberly Tinsley, CSR #3611 (972) 548-4247 19 Aslan Ghaffari - March 10 1 2014 Direct Examination by Mr. Nace 1 this point in time. 2 MR. NACE: May I re-approach the witness? 3 THE COURT: Sure. 4 Q. (By Mr. Nace) Sir, re-handing you this particular 5 exhibit, when you perform these weddings before, do you 6 typically sign off as a witness having performed a 7 wedding ceremony? 8 MR. CORBITT: Please the Court, objection 9 as to any relevancy regarding what he's done in the past. 10 We're only worried about 11 THE COURT: Overruled. 12 INTERPRETER: Can you repeat the question? 13 Q. (By Mr. Nace) Yes. With regard to the eight to 14 ten wedding ceremonies Mr. Ghaffari has performed in his 15 years, does he typically sign and certify that the 16 parties were united in marriage? 17 A. Usually I write the name of the couple, the 18 people who are getting married, in the marriage portion 19 and all the information in a piece of paper and they sign 20 it. 21 Q. And there's no question in Mr. Ghaffari's mind 22 that this piece of paper that I offered as Exhibit 1 is 23 his signature and nobody else's? 24 A. This is my signature for sure. 25 MR. NACE: Pass the witness. Kimberly Tinsley, CSR #3611 {972) 548-4247 105 Hearing March 1.0 1 201.4 1 STATE OF TEXAS 2 COUNTY OF COLLIN 4 for the 40lst District Court of Collin County, State of 5 Texas, do hereby certify that the above and foregoing 6 contains a true and correct transcription of all portions 7 of evidence and other proceedings requested in writing by 8 counsel for the parties to be included in this volume of 9 the Reporter's Record in the above-styled and numbered 10 cause, all of which occurred in open court or in chambers 11 and were reported by me. 12 I further certify that this Reporter's Record of the 13 proceedings truly and correctly reflects the exhibits, if 14 any, offered by the respective parties. 15 I further certify that the total cost for the 16 preparation of this Reporter's Record is $624.50 and was 17 paid by Counsel for Petitioner, Roger Farahmand. 18 WITNESS MY OFFICIAL HAND on this, the 3rd day of 19 April, 2014. Digitally signed by Kimberly Tinsley Date: 2014.04.03 22:42:50 -05'00' 20 Kimberly Tinsley, CSR 21 Texas CSR #3611 Official Court Reporter 22 40lst District Court Collin County, Texas 23 2100 Bloomdale Rd, Suite 30030 McKinney, Texas 75071 24 Telephone: (972) 548-4247 E-mail: ktinsley@co.collin.tx.us 25 Expiration: 12/31/15 Kimberly Tinsley, CSR #3611 (972) 548-4247 .. ':,·• <23" ~'11' ?J/' ,9i)>~J/t"-t"A/ Jl!Jdl{l{, (jjjl <;;11!E{l{.'K.Jl£)1.!N'I'Jl ~ anti 5tt)l~'YJl!M Cl'JlCJtVlZ 'l(Jff"Jl ~aee_y .%;1$D. Signature of PCtSOD pcdonning Ccmnony SLAN Ty~~fn.~5J.c uC person pcdonning ceremony 4 P. H.D j., rco".:!::'• or pcnm• pcrtonnia8 ceremony Co II; n. ~/M1h,6 ----i7 it33 PiPJlttOll' fl Carrol/fon, Texas _ ," .,. A~st10Cpersonpcrformingcc"'mony ~fMuljfh./fatrectPJt A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § MARYAM FARAHMAND § 401ST JUDICIAL DISTRICT § AND IN THE INTEREST OF § § , § A MINOR CHILD § COLLIN COUNTY, TEXAS ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Discovery in this case is intended to be conducted under level 2 of rule 190 Petitioner objects to the assignment of this matter to an associate judge for a ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATNE FIRST AMENDED PETITION FOR DIVORCE Page 1 EXHIBIT 5. Service Service of this document may be had in accordance with Rule 2la, Texas Rules of Civil Procedure, by serving Respondent's attorney of record, Richard J. Corbitt, Law Office of Richard J. Corbitt, P.C., 6440 N. Central Expressway, Suite No protective order under Title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this I. ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP Petitioner and Respondent entered into a purported marriage on July 28, 2012. The purported marriage is void and of no effect under the provisions of section 6.202 of the Texas Family Code because Respondent was already legally married. The prior marriage of Respondent was to Amir Bagherkalantari and occurred on or about December 12, 2009. Respondent's marriage to Amir Bagherkalantari was never dissolved by divorce or annulment or terminated by the ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page 2 8. Child Petitioner and Respondent are parents of the following child of this purported marriage who is not under the continuing jurisdiction of any other court: There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the child the subject of this suit. Information required by section 154.181(b) of the Texas Family Code is provided as follows: Blue Cross, Blue Shield is in effect for the child. No property of consequence is owned or possessed by the child the subject The appointment of Petitioner and Respondent as joint managing conservators would not be in the best interest of the child. Roger Arash Farahmand, on final hearing, should be appointed sole managing conservator, with all the rights and duties of a parent sole managing conservator. Maryam Farahmand should be appointed possessory conservator with possession and access as determined appropriate following a psychological evaluation and drug and alcohol evaluation, monitoring and supervision with all the rights and duties of a parent conservator. Roger Arash Farahmand should be designated as the ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page3 conservator who has the exclusive right to designate the child's primary residence, along with all other rights and duties of a sole managing conservator. In the alternative, Roger Arash Farahmand requests that he and Maryam Farahmand be designated joint managing conservators and that he have the exclusive right to designate the primary residence of the child with the exclusive right to make decisions concerning the child's education, the exclusive right to consent to medical, dental, and surgical treatment involving invasive procedures, and the exclusive right to consent to psychiatric and psychological treatment of the child. Roger Arash Farahmand requests that Maryam Farahmand be awarded possession and access as the Court deems to be in the best interest of the child, and considering the safety and welfare of the child. Roger Arash Farahmand should be awarded possession of the child at all other times not otherwise awarded to In all alternatives, Roger Arash Farahmand requests that payments for the support of the child and medical support should be ordered in an amount supported by the guidelines set forth in the Texas Family Code and paid in the manner specified by the Court. Roger Arash Farahmand requests that the payments for the support of the child survive the death of Maryam Farahmand and become the obligation of Maryam Farahmand's estate. Roger Arash Farahmand also requests that Maryam Farahmand seek and follow all recommendations by a qualified ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page4 psychiatrist and psychologist as well as to submit to random drug testing, upon request by either Roger Arash Farahmand and/or qualified testing facility. Respondent's name before the purported marriage was Maryam Parviz- Khyavi, and this former name should be confirmed by the Court as her lawful Petitioner requests that the Court find the marriage relationship is meretricious and property acquired or accumulated during the void marriage by the parties should not be treated as community property and not be subject to a just and 11. Request for Attorney's Fees, Expenses, Costs, and Interest It was necessary for Petitioner to secure the services of Bradford Nace of Nace & Motley, LLC and Ike Vanden Eykel, Rebecca Tillery and the firm of KoonsFuller, P.C., licensed attorneys, to preserve and protect the child's rights. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs through trial and appeal, and a judgment should be rendered in favor of these attorneys and against Respondent and be ordered paid directly to Petitioner's attorneys, who may enforce the judgment in the attorney's own name. Petitioner ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATfVE FIRST AMENDED PETITION FOR DIVORCE Page5 II. In the alternative and without waiving any relief requested in the foregoing suit to declare maniage void, Petitioner brings this suit for divorce and files his Petitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period. No protective order under title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this The parties were married on or about July 28, 2012 and ceased to live The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page6 16. Property Petitioner requests the Court to divide their estate in a manner that the Court Petitioner owns certain separate property that is not part of the community estate of the parties, and Petitioner requests the Court to confirm that separate 18. Collin County Standing Order Regarding Children, Property and the Conduct of the Parties The Collin County Standing Order Regarding Children, Property and the Conduct of the Parties is attached hereto in compliance with the standing order of the Collin County District Courts and is incorporated herein by reference. It was necessary for Petitioner to secure the services of Bradford Nace of Nace & Motley, LLC and Ike Vanden Eykel, Rebecca Tillery and the firm of KoonsFuller, P.C., licensed attorneys, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the child, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Respondent and in favor of Petitioner for the use and benefit of ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page7 Petitioner's attorneys and be ordered paid directly to Petitioner's attorneys, who may enforce the judgment in the attorney's own name. Petitioner requests Petitioner prays that the Court enter its order declaring void the marriage of In the alternative, Petitioner prays that the Court grant a divorce and all other Petitioner prays for attorney's fees, expenses, and costs as requested above. \ E-mail: ike@koonsfuller.com REBECCA TILLERY State Bar No. 24060729 E-mail: tillery@koonsfuller.com KOONSF'uLLER A Professional Corporation 1717 McKinney Avenue, Suite 1500 Dallas, Texas 75202 (214) 871-2727 (214) 871-0196 Fax ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page8 Bradford Nace State Bar No. 24007726 E-mail: bnace@nacemotley.com Nace & Motley, LLC 100 Crescent Court, 7th Floor Dallas, Texas 75201 (214) 459-8289 (214) 242-4333 Fax March~' I certify that on 2014, a tme copy of the above was e-served on attorneys of record by transmitting a copy to the EFSP during e-filing for transmission to the designated email address or by other means set forth in accordance with Rule 2la of the Texas Rules of Civil Procedure: Richard J. Corbitt Richard J. Corbitt & Associates, P.C. 6440 N. Central Expressway, Suite 402 Dallas, Texas 75206 Attorney for Petitioner ORIGINAL PETITION TO DECLARE MARRIAGE VOID AND IN THE ALTERNATIVE FIRST AMENDED PETITION FOR DIVORCE Page9 NO. 417-56531-2013 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § 417th JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § M.J .J ., A CHILD § COLLIN COUNTY, TEXAS AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared Dawn M. Grams Horak, whose identity was proved to me by her Texas driver's license, and whose signature is affixed hereto, and, who, after first being duly sworn on her oath did say she is over the age of 18 years, has never been convicted of a felony, and is competent to make this affidavit, that she has read this Affidavit, has knowledge of the fact contained herein, and that they are all true and correct. 1. "My name is Dawn M. Grams Horak (hereinafter referred to as "Horak"). I am of counsel to the Widner Family Law Group, PLLC, lead counsel for the Respondent in the above styled and numbered cause. I am the managing partner of Dawn M. Grams, P.C. 2. I am an attorney of record in the above styled and numbered cause of action. EXHIBIT 3. Attached to Respondent's Hybrid Motion for Partial Summary Judgment on Petitioner's Allegations of Prior Marriage to Amir Bagherkalantari are _ _ pages of records from Dawn M. Grams, P.C. I am the custodian of the records of Dawn M. Grams, P.C. Attached to Respondent's Hybrid Motion for Partial Summary Judgment on Petitioner's Allegations of Prior Marriage to Amir Bagherkalantari are true and correct duplicates of the original records: Exhibit A A true and correct duplicate of the Summary of Pleadings. Exhibit C A true and correct duplicate of the Foreign Language Translation and Affidavit filed by Petitioner on or about June 13, 2014. Exhibit D A true and correct duplicate of the following pages of the March 10, 2014, Hearing transcription: Pages 1-4, 13-19, 105, and Exhibit P-1. Exhibit E A true and correct duplicate of Petitioner's Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce. Exhibit A, Exhibit C, Exhibit D, and Exhibit E are kept by Dawn M. Grams, P.C., in the regular course of business, and it was the regular course of business of Dawn M. Grams, P.C.,for an employee or representative of Dawn M. Grams, P.C., with knowledge of the act, event, condition, opinion, or diagnosis that was recorded, to make this record or to transmit the information to be included in this record. The record was made at or near the time or reasonably soon after the act, event, condition, opinion, or diagnosis that was recorded. The records attached to this affidavit are the originals or exact duplicates of the originals. 4. The factual statements contained herein are of my own personal knowledge and are true and correct." DAWN M. GRAMS HORAK SWORN TO AND SUBSCRIBED be is 15th day of July, 2014. ~ "''~\"~".u~~, ............. 11 ' LAURIE TAMAS! Texas f~~:;Jb:~~\ Notary Public. State of Texas ~t ,\C\ QD(1 \i.~.{;pj My Commission Expires '1.:,;,;~,::;~.·" September 19, 2017 My Commission Expires: 1 ROGER FARAHMAND’S RECORD TAB 15 Filed: 7/31/2014 5:51:06 PM Andrea S. Thompson District Clerk Collin County, Texas By Carla Mahan Deputy Envelope ID: 2014948 THIS DOCUMENT CONTAINS SENSITIVE DATA. A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § 417TH JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § , A CHILD § COLLIN COUNTY, TEXAS PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S "FIRST VERIFIED MOTION FOR CONTINUANCE" Petitioner, Roger A. Farahmand, specially excepts to Respondent, Maryam Farahrnand's "First Verified Motion for Continuance" and asks the Court to order Respondent to replead and cure her pleading defects, and if Respondent fails to cure her pleading defects, Petitioner asks the Court to enter an order striking Respondent's pleading. SPECIAL EXCEPTIONS Petitioner specially excepts to Respondent's "First Verified Motion for Continuance" because it contains personal, private and inflammatory allegations and statements, evidentiary "facts," inadmissible hearsay, and attaches unauthenticated documents, all of which is inappropriate and in violation of the Texas Family Code's prohibition of the inclusion of evidentiary facts within PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S 1 "FIRST VERIFIED MOTION FOR CONTINUANCE" Page 1 of 46 pleadings. Texas Family Code § 6.402(c) states, "The court shall strike an allegation of evidentiary fact from the pleadings on the motion of a party or on the court's own motion." The portions of Respondent's pleading to which Petitioner specially excepts are too voluminous to include in the body of this motion. For the Court's ease of review, a true and correct copy of Respondent's pleading has been attached to this Motion as Exhibit A. The portions Petitioner believes are inappropriate and in violation of Texas Family Code § 6.402( c) have been redacted by Petitioner, and Petitioner requests that the Court order Respondent to cure said pleading defects by a time and date certain. MOTION TO STRIKE If Respondent fails to cure her pleading defects by a time and date certain, Petitioner asks the Court to strike the portions of Respondent's pleading that are inappropriate, as reflected in Exhibit A. ATTORNEY'S FEES Due to Respondent's filing of a pleading in violation of the Texas Family Code, it was necessary for Petitioner to secure the services of the below attorneys to prepare and prosecute this Motion. Judgment for attorney's fees, expenses, and costs for the preparation of this Motion should be granted against Respondent and in favor of Petitioner for the use and benefit of Petitioner's attorneys and should be PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S 2 "FIRST VERIFIED MOTION FOR CONTINUANCE" Page 2 of 46 paid directly to Petitioner's attorneys, who may enforce the judgment in the attorneys' own names. Petitioner requests post-judgment interest as allowed by law. For these reasons, Petitioner asks the Court to grant his Special Exceptions and Motion to Strike, award attorney's fees, and grant him any further relief to which he may be justly entitled. Is/ Rebecca Tillery IKE VANDEN EYKEL State Bar No. 20485500 E-mail: ike@koonsfuller.com REBECCA TILLERY State Bar No. 24060729 E-mail: tillery@koonsfuller.com KOONSFULLER A Professional Corporation 1717 McKinney Avenue, Suite 1500 Dallas, Texas 75202 (214) 871-2727 (214) 871-0196 Fax -and- Bradford Nace State Bar No. 24007726 E-mail: bnace@nacemotley.com Nace & Motley, LLC PETITIONER'S SPECIAL EXCEPTIONS ANO MOTION TO STRIKE RESPONDENT'S 3 "FIRST VERIFIED MOTION FOR CONTINUANCE" Page 3 of 46 100 Crescent Court, 7th Floor Dallas, Texas 75201 (214) 459-8289 (214) 242-4333 Fax CERTIFICATE OF CONFERENCE Counsel for Petitioner communicated with Counsel for Respondent concerning the merits of this motion. Counsel for Petitioner and Counsel for Respondent were unable to reach an agreement concerning the matters raised by this motion. Rebecca Tillery I certify that on July 31, 2014, a true copy of the above was e-served on attorneys of record by transmitting a copy to the EFSP during e-filing for transmission to the designated email address or by other means set forth in accordance with Rule 21a of the Texas Rules of Civil Procedure: RobertS. Widner The Widner Family Law Group, PLLC 2911 Turtle Creek Blvd., Suite 405 Dallas, Texas 75219 robertwidner@gmail.com PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S 4 "FIRST VERIFIED MOTION FOR CONTINUANCE" Page 4 of 46 Dawn M. Grams Horak Dawn M. Grams, P.C. P.O. Box 924 Grapevine, Texas 76099 dgrams@msn.com 214-572-6893 (fax) Diana L. Porter Diana L. Porter, P.C. 103 E. Virginia Street, Suite 201 McKinney, Texas 75069 dporter@collincountydivorce.com Is/ Rebecca Tillerv REBECCA TILLERY Attorney for Petitioner PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S s "FIRST VERIFIED MOTION FOR CONTINUANCE" Page 5 of 46 Filed: 7110/201412:15:17 PM Andrea S. Thompson District Clerk Collin County, Texas By Lisa Sharpe Deputy Envelope 10: 1782144 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § 4171h JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § , A CHILD § COLLIN COUNTY, TEXAS COMES NOW, Maryam Farahmand, the Respondent and Counter-Petitioner in the above-styled and numbered cause, and files this First Verified Motion for Continuance for the hearing set for July 29, 2014, on Petitioner's Petition to Declare Marriage Void. In support of thereof, Maryam Farahmand would respectfully show the Court as follows; 1. Petitioner's initial allegations of a pnor marriage of Respondent occurred on or about March 10, 2014, at a hearing in this Court. Petitioner's identified Amir Bagherkalantari as the alleged prior spouse of Respondent at this 2. OH & !!lleut TiuwsJay, May 8, 2014, Amir I!aghe!;k~hmt~ri stated te Respondent's First Verified Motion for Continuance lj P a g e I A Page 6 of 46 Ri:!Sj'leRclent, Maryam: P!tl'!!hmand, that he was golfig te see how ffiHSH tire PetitieReF, Re>ger Fara-hm!lfld efferea te pay hiHI for his testiHIOftj'. Tlms, there appears to be eithsr witfless tamperiag er the possibility of>.vitfless tampering. 3. On er about Tuesday, June 24,2914, Brenda R:odgos spoke with the -Geltli Cooniinator for the 401'1 Jtidieial DistJ:iet Court of Collin Cotlllty, TexM, and was advised that the court's docket \'Vas closed fur the mgyth of July The Conrr -€oertlffiater far thcr advise a that <'111:) setting presently en the docket would be hears, bttt there would be "NO additions, NO deletions, 1'10 SHbstitut:iens, 1'+0 ...ehfl:ftge~ vrhat5oe vet.'' See Exhibit B 1. }ts a rssHk thefeef, Resp9"Rdent did net file her Motion fur StiffiFHary fuclgment, as same vo ould not be eoRsiderecl tlf heart! bdere the court en 9f eefOFe tlle Tll€lSG&)', Julr 29, 2014, bearffig aate. £:ee Ellhieit :g._ 4. The parties were last before the Court on or about Tuesday, May 27, 2014. See Exhibit D. Bnring-tbe time period of 'TY€saay, May 27, 2014, ana ..]:q:iday, luu.u 27, 2014, l'etitiener tiled more than fifty (50) desllH!cnts with the Gomt. In acltfuien to tl:l.';) rowe than fifty (50) doC1ID'leftts filed, PctitiDller remits up -to thrse (3) to fellF (4) letters to R-ei5J'efl:EieHt's so1ffise! Qn aa almost dmly baslir.-&e Respondent's First Verified Motion for Continuance 21Page Page 7 of 46 5. On May 27, 2014, Petitioner filed a document entitled "Certificate of Marriage." See Exhibit E. Ai fll.e heariBg gj:l, Mareh 10, 2014, fue HeBorab! Mmk J. Rttseh rulecl, in rele¥aflt part, that fl:tl mmriage license by attd 8et-neerr .R prigr ceremanial tnatl'iage.'' See Exhibit D- Ilearing TFansGri.pt, Page 77, I iaes 18-= ~Disregarding this ruling, P€titieH€lf tiles same misrepreseJ;J.ting that same is wti:cl.. See Elmiait E. 6. Respondent would further show that Asian Ghaffari, an behalf af ood at the Iequest of Petitioner, pravidecl f!ilse swam testimeH;' at tl'l€1 Mareh 10, 2014, h€lariBg Me iliat the signfittue on the !illeged marriage eertifieate is not Mr. Ghaffa.ri' s sigHatlire. Specifically, in the yem s 2005 20 11, Mr Ghaffari el "''arie1:1s legal claettmcnt:s. See Elffiihi-t F. In :tfurernentiaHed legal deeumeBts, 1'>4-r. Ghaffari eerreetly spelled his name: G H A F F A R_I S'er? Exhiait F. 1-lowever, £llJ the pntp9ft€lG "marriage liceRs 0 R I B. Sr?€1 Exhibit E. Hevr weHia a maB whe is >~ighly (1\Q) fliYs years elcl- m.iggpell his ovAl last Itftfile? Because it is not his sigaatttre! =f. OH er ai:JeHt Affi€1 9, 2014, PetitieHer elesignaied Maaeyd ARasri as the ~xpert to testify a~ 00 a "PersiaR ~~slim n·ecltiing." WsV/8VBr, P8titisB@r's Respondent's First Verified Motion for Continuance 31Page Page 8 of 46 designated expe!l is the fathtlr ef Reger's Fa:rahtnlli'Ld's lmsiness par.ner aaa Ytlf)' ~e frisaa, £ha)a An~ari. In faet, R-tlger FMaftm.IHid himself indiea:ted dtiri:Hg his MMeh 4, 201 4 deposition that hs ewtls preperty with Shay a Ansa:r i a:rtti that £haya is "a dear fi'iend, like like my srether." Clea:rl,, the expert testimony ofMadoad ARasri will b11 bias11a, as his ewtl sea has a fi:naHeial stake in the outcome of the preeeedings. R:elevaflt portions of the deposition ofPetitieatlr are as follews; in Las Ve as Nevada with Sha Ansari: PJ02 16 Q. Any other property save and ex pt the 17 ones you've stified to so far, Mr. Farahm Cl? 18 A. No. I've estified to four. 19 Q. Yes, sir, y have. In the Unite tates. 20 A. I think I have e in Vegas,--'71"'"'-'---"£""-'- 21 Q. Okay. 22 A. Or through Ba o1dings and another friend 23 ofmine. 24 Q. What's your frie s name, lease? 25 A. Shaya. Pl03 1 Q. Could ou spell it for us? 2 A. S-H-A- -A. 3 Q. Uh-h 4 A. An ri, A-N-S-A-R-1. Lucas, Mexico: Pl 4 Respondent's First Verified Motion for Continuance 41Page Page 9 of 46 22 Q. And where is this property located? 23 A. Cabo San Lucas. 24 Q. What's the date of purchase? 25 A. 2006. p 05 1 What was the purchase price? 2 At that time, I think it was half a millio 3 It's not a timeshare, is it, sir? 4 0. 5 0 y. And is it -- is it -- do you r t it out 6 or do you .. 7 A. I don't. 8 Q. Is it-- o does, if they do? 9 A. Shava. 10 Q. Okay. So e --Mr. Sha is your-- I don't 11 want to use th wrong rd here -- partner or associate 12 in this property, also. 13 A. Yes. 14 Q. Okay. 15 A. He's a dear ·end, h e --like my brother. 16 Q. Okay. Is t ere only o ofyou? 17 A. Yes. 18 Q. Coul ou give me the a dress of that property, 19 please? 20 A. re. 21 Thank you. 22 Pedregal. Cabo San Lucas. / Do you hav!P.Jirt Respondent's First Verified Motion for Continuance SIP age Page 10 of 46 5 . Yes. I don't know if my partner has old the 6 intere or we still possess it or what h pened. 7 Q. Is ·s your partner Tom? 8 A. No, T 's not my partne . 9 Q. Okay. Pie e forgive e, then. 10 You said p . I hadn't heard aoything 11 about a partner exc t ya -- Shaya -- Shaya. 12 A. You've ne er asked, t Shava 's my partner, 13 yes -- 14 Q. Ok . 15 A. in that situation. 16 Is that the partner in the boat, also? 17 A. Yes. See Illffiil:>it C. Madc:~l:ld !tflasri lives in }.fe·.v Jetsey and was not made availa:blc fm a dopesitiofl !ifld did aet previde BH expert report. Thtts, how can Respondent prepare for his anticipated tsstimeay whsa ao iflfermatimt has been provided for 8. Petitioner's Petition to Declare Marriage Void is set for hearing on July 29, 2014 at 9:00 a.m. See Exhibit A. This hearing will determine the validity of Respondent's marriage to Petitioner. Respondent should be afforded the opportunity to adequately prepare for same. D1:1e to Petitioner filing more thaa fifty (50) doeffirlsRts iR le~~ thaa thirty ffi•e (35) days prier to tire deadline fur eompletion of el:iseeyery and amsRdiag the r!eooiflgs en file, flet ifle!atii1Jg de8igaatiBg an mJt-of-state expert who~' Respondent's First Verified Motion for Continuance 6!Page Page 11 of 46 mling gfths SQHrt, Respondent has not been able to adequately prepare for the July 29'h hearing date. 9. Due to the reasons set forth in this Motion, Respondent respectfully asks this Court for· a brief continuance to allow for the Respondent to adequately prepare for the hearing Petitioner's Petition to Declare Marriage Void that is currently set for hearing on July 29, 2014 at 9:00a.m. and to allow the Respondent an opportunity to file and have this Court hear motions including, but not limited to, the following prior to the final setting on July 29, 2014: Motion to Strike or Exclude Experts and Motion for Summary Judgment on Marriage Issue. 10. This continuance is not sought solely for delay but that justice may be Farahmand, asks this Court to continue the hearing that is currently set for July 29, 2014, at 9:00a.m. on Petitioner's Petition to Declare Marriage Void and reset same for a future date or for at least one hundred and twenty (120) days and modifY all deadlines identified in the Agreed Scheduling Order to adhere to same. Respondent further asks for any and all such other relief, either at law or equity to which she may show herself to be justly entitled including, but not limited to, attorney's fees Respondent's First Verified Motion for Continuance 71Page Page 12 of 46 and expenses. By: Is/ Robert S. Widner Robert S. Widner Texas State Bar No. 00792092 Telephone No.: 972-979-5700 Facsimile No.: 972-692-8951 Electronic Address robertwidner@gmail.com Telephone No.: 469-644-744 2 Facsimile No.: 214-572-6893 Electronic Address: dgrams@msn.com ATTORNEYS FOR RESPONDENT AND Respondent's First Verified Motion for Continuance 81Page Page 13 of 46 COUNTER-PETITIONER MARYAM FARAHMAND CERTIFICATE OF CONFERENCE I, the undersigned attorney, Dawn M. Grams Horak, hereby certifY to the Court that I have attempted to confer with opposing counsel in an effort to resolve the issues contained in this motion without the necessity of Court intervention. Specifically, I have contacted counsel for Petitioner on multiple occasions via electronic correspondence and opposing counsel has stated that they would not be Therefore, the parties have not been able to come to an amicable resolution to this matter without the necessity of the Court's intervention. ;;'J k Certified to as of this~ day of July, 2014. (' i' /~;/tJJn fiJ. br~s Horak DAWN M. GRAMS HORAK Respondent's First Verified Motion for Continuance 9jPage Page 14 of 46 CERTIFICATE OF SERVICE This is to certifY that a true and correct copy of the above and foregoing has been forwarded to the following parties via the manner reflected below, in accordance with the TEXAS RULES OF CNIL PROCEDURE. Mr. Ike Vanden Eykel ~->1Facsimile 214-871-0196 Ms. Rebecca Tillery Certified Mail/Return Receipt Requested Koons Fuller, P.C. U.S. First Class Mail 1717 McKinney Avenue, Suite 1500 VOther Dallas, Texas, 75202 ike@koonsfuller.com tillery@koonsfuller.com Reagan@koonsfuller .com /E-Service Mr. Bradford Nace V Facsimile 214-242-4333 Nace & Motley, LLC Certified Mail/Return Receipt Requested 100 Crescent Court, ih Floor U.S. First Class Mail Dallas, Texas, 75201 '"" Other bnace@nacemotley.com ,/E-Service Ms. Diana L. Porter Facsimile 972-548-2349 Diana L. Porter, P.C. Certified Mail/Return Receipt Requested 103 E. Virginia Street, Suite 201 U.S. First Class Mail McKinney, Texas 75069 VOther vdporter@collincountydivorce.com Pursuant to Request of Attorney 1 Certified to as of this :G-1 'day of July, 2014. ~~-' k' . ·wo~(Midranrsilorak ! '. DAWN M. GRAMS HORAK Respondent's First Verified Motion for Continuance lOll' age Page 15 of 46 1 Hearing March 10, 2014 1 REPORTER'S RECORD 2 VOLUME 1 OF l VOLUME 4 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF 5 ROGER ARASH FARAHMAND AND COLLIN COUNTY, TEXAS 6 MARYAM FARAHMAND 7 AND IN THE INTEREST OF 401st JUDICIAL DISTRICT 8 13 14 15 16 17 19 On the lOth day of March, 2014, the following 20 proceedings came on to be held in the above-titled and 21 numbered cause before the Honorable Mark J. Rusch, Judge 22 Presiding, held in McKinney, Collin County, Texas. Kimberly Tinsley, CSR #3611 (972} 548-4247 Page 16 of 46 2 Hearing March 10, 2014 2 Bradford Winston Nace SBOT NO. 24007726 Attorney at Law 3 100 Crescent Court 7th Floor 4 Dallas, TX 75201 Telephone: (214)459-8289 5 Attorney for Petitioner Roger Farahmand 6 8 Richard J. Corbitt SBOT NO. 04817000 Attorney At Law 9 6440 N. Central Expwy. Suite 402 10 Dallas, TX 75208 Telephone: (214)744-1234 11 Attorney for Respondent Maryam Farahmand 12 13 14 15 16 Kimberly Tinsley, CSR #3611 (972) 548-4247 Page 17 of 46 3 Hearing March ~0, 20~4 3 March ~0, 20~4 PAGE VOL 4 Proceedings begin .............................. 5 1 5 Witness Direct Cross Voir Dire ASLAN GHAFFARI 6 By Mr. Nace 11 1 By Mr. Corbitt 13 1 7 By Mr. Nace 17 1 By Mr. Corbitt 20 1 8 By Mr. Nace 21 1 9 FARID RASTEGAR By Mr. Nace 23 1 10 By Mr. Corbitt 26 1 By Mr. Nace 27 1 11 ROGER FARAHMAND 12 By Mr. Nace 29 1 By Mr. Corbitt 38 1 13 MICHAEL SCOTT WOODS 14 By the Court 55 15 ROBERT GORDON By the Court 68 1 16 17 Court's Ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 1 18 Adjourned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 1 19 Reporter's Certificate . . . . . . . . . . . . . . . . . . . . . . . . 105 1 Page 18 of 46 4 Hearing March 20, 2024 2 ALPHABETICAL WITNESS INDEX 3 Farahmand, Roger 29 38 1 Ghaffari, Aslan 11,17 20 13 1 4 Ghaffari, Aslan 21 1 Gordon, Robert 68 1 5 Rastegar, Farid 23,27 26 1 Woods, Michael Scott 55 1 6 ll EXHIBITS OFFERED BY THE PETITIONER 13 1 Marriage License dated 18 1 12/12/2009 14 2 Video of 12/12/2009 on 25 25 1 15 DVD 16 3 Supporting Affidavit of 30 1 Roger Farahmand 17 4 Roger Farahmand•s 31 31 1 18 Summary of Requests Page 19 of 46 18 Aslan Ghaffari - March 10, 2014 Direct Examination by Mr. Nace 2 MR. NACE: We'll offer. 3 THE COURT: Does it have a number on it? 4 MR. NACE: Yes, Your Honor, Petitioner's l. 5 MR. CORBITT: Predicate has not been 6 issued. 7 THE COURT: Let me see it, please. 8 MR. NACE: Yes, Your Honor. 9 (Document present to the Court) 10 THE COURT: Mr. Nace, I have what appears 11 to be a Xerox copy. I don't see a clerk's stamp on here 12 anywhere. 13 MR. NACE: Your Honor, we have the original 14 with another witness. That is a copy. 15 THE COURT: Why isn't the original of a 16 marriage license on file with my clerk? 17 MR. NACE: From what I understand, to file 18 it that was their responsibility through her family. But 19 the original does exist. 20 THE COURT: Where is the original? 21 MR. NACE: My client can better answer that 22 judge through another witness. Because of things missing 23 in this case, our chain of custody, we want to make sure 24 we're keeping things intact. 25 THE COURT: His objection is sustained at Page 20 of 46 19 Aslan Ghaffari - March 20, 2024 Direct Examination by Mr. Nace 3 THE COURT: Sure. 4 Q. (By Mr. Nace) sir, re-handing you this particular 5 exhibit, when you perform these weddings before, do you 6 typically sign off as a witness having performed a 7 wedding ceremony? B MR. CORBITT: Please the Court, objection 9 as to any relevancy regarding what he's done in the past. 10 We're only worried about 13 Q. (By Mr. Nace) Yes. With regard to the eight to 14 ten wedding ceremonies Mr. Ghaffari has performed in his 15 years, does he typically sign and certify that the 16 parties were united in marriage? 17 A. Usually I write the name of the couple, the 18 people who are getting married, in the marriage portion 29 and all the information in a piece of paper and they sign 20 it. 21 Q. And there's no question in Mr. Ghaffari•s mind 22 that this piece of paper that I offered as Exhibit 1 is 23 his signature and nobody else's? Page 21 of 46 77 Ruling March 10, 2014 1 period. This child does not leave the United States, 2 period. 3 Mother is ordered to continue her 4 psychological course of treatment with Dr. Woods, if that 5 involves counseling, medication, or whatever, and to 6 abide by and follow all of his orders and instructions. 7 Mr. Gordon is a forensic guy, you can continue with him, 8 or not. I'm not ordering you to. I'm not forbidding you 9 to. Dr. Woods is the main primary treatment guy. You 10 will continue in your treatment with Dr. Woods. 11 Everyone in this room understand that if 12 somebody has a chemical imbalance in their brain, I don't 13 hold it against them if they are dealing with it 14 appropriately. 15 Now, I've got an eight-month-old kid. And 16 Mr. Nace, just so you'll know, while this testimony about 17 another wedding is interesting, even assuming for the 18 sake of discussion that some ceremony was performed, that 19 license isn't on file, so I don't have a valid prior 20 ceremonial marriage. I may or I may not have a valid 21 informal marriage and that would certainly be some 22 evidence of it. But you're miles from at the very least 23 cohabitation. So at least today, I'm not -- don't have 24 any concerns about there being a bigamy situation. That 25 doesn't mean there isn't one. I'm just saying today, in Kimberly Tinsley, CSR #3611 {972) 548-4247 Page 22 of 46 105 Hearing March 1.0 1 201.4 6 contains a true and correct transcription of all portions 7 of evidence and other proceedings requested in writing by 8 counsel for the parties to be included in this volume of 9 the Reporter's Record in the above-styled and numbered 10 cause, all of which occurred in open court or in chambers 11 and were reported by me. 12 I further certify that this Reporter's Record of the 13 proceedings truly and correctly reflects the exhibits, if 14 any, offered by the respective parties. 15 I further certify that the total cost for the 16 preparation of this Reporter's Record is $624.50 and was 17 paid by Counsel for Petitioner, Roger Farahmand. 18 WITNESS MY OFFICIAL HAND on this, the 3rd day of 19 April, 2014. Digitally signed by Kimberly Tinsley Date: 2014.04.03 22:42:50 -05'00' 20 Kimberly Tinsley, CSR 21 Texas CSR #3611 Official Court Reporter 22 401st District Court Collin County, Texas 23 2100 Bloomdale Rd, Suite 30030 McKinney, Texas 75071 24 Telephone: (972) 548-4247 E-mail: ktinsley®co.collin.tx.us 25 Expiration: 12/31/15 Page 23 of 46 )19,{ I~ @Jiaety %~. ?dotmty '@y,.,..,(. ~Q!::t;,!t# ~~ .f~~thohH>lM...1.2..JJ.....day'!/'.1Jec.-mbtc &O.o:z. . .95..!L {)~ _£_ 9fC .fu.nHetltn ~M,~ ~ntmtt!d. Witness "!?kuidthi4 12. tt. d'{?'!f'-'lJecem/,ec &O.ta. c//.9fli/Fr/e s,...,.oe......,podo""""c...-y 4S LA !'I ,.,j!_~.!f..!!.!. """"" ""'""""' ~., ~andjf/edfo--tM.. _ _ da,?'!l'----- and • -t.rtUu. _ _ da,?ff-----, __ ~n.Uu. .fi:.f$,),.,rnott9U;;;~ ~~~t/~ ~ Ql/aery ~~. ?dt-.,.m{Y <@!.-..-..(. ([iJ} ~ Page 24 of 46 11»206 Section 2. 204 of tlie Pami[y Coae Marriaae License '.Bride 'Retumea arnf'Fifeafor '13£rtfu{c;Y; 11/27/1980 'Record"tfie _ cCay Pface oJ 'Birtfi: 'Teliran, I 'Return License '10 9.(jl !I{'Y"}I!M ~ 1{'TIJZ 'l(J{'YJI'TII 15025 PJI~CO'P.£ l])q( 'lljCJ(JI.'l(g)SO!N, 'I)( 75080 Page 25 of 46 NO. 417-56531-2013 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § 4171h JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § M.J.J., A CHILD § COLLIN COUNTY, TEXAS STATEOFTEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned Notary Public, on this day personally appeared Dawn M. Grams Horak, who, after being duly sworn, stated under oath that she is one of the attorney's of record for the Respondent, Maryam Farahmand in the above styled number and cause; that she has read the motion; and that the statements contained in the following paragraphs are within her personal knowledge and are true and correctly't"-'t.'+i>iTC_,Jc.;.,__,i_,L~~~~~- 1\I<:,, ,<;a C-vfu \J, l E·l. lJJOdt2 ,{f ---- 4.-D"'-A"~-w""N4.4-'M""'.-G""'RA::_M_s_H_o_RA_K _ _ __ NOTARY P UC in and for the State of ,..,........,..., LAURIE 1AMASI Texas /_ij_j_j/_,_i_j1-'----~ 1'~4:~'1:. No1orv Public. State of Texas f·\~ _'{'% _ MY Commission EKplres 1 .....,~"-.7/ -:..~;:;; ,,,,£,~.~ •• ~· september 19,2017 My Commission Expires:_"-"f-" Page 26 of 46 Dawn Horak From: Brenda Rodgers •11•••••• I was unsuccessful in getting the MSJ set before or on July 29. The Court Coordinator was very adamant about the docket being closed for the month of July. She also stated that the 40lst Judge does not hear motions by submission anyway. She will not let us remove our Mtn to Compel and add the MSJ in its place either. She stated NO additions, NO deletions, NO substitutions- NO changes whatsoever. I let - Bob know this · · T hanks, Brenda Page 27 of 46 ROGERFARAHMAND March 4, 2014 NO. 401-56531-2013 IN THE MATTER OF * IN THE 401ST THE MARRIAGE OF * * ROGER ARASH FARAHMAND * AND * JUDICIAL DISTRICT COURT MARYAM FARAHMAND * * AND IN THE INTEREST OF * * A MINOR CHILD * COLLIN COUNTY, TEXAS ********************************************************* ORAL AND VIDEOTAPED DEPOSITION OF ROGER FARAHMAND Taken for the Respondent March 4, 2014 ********************************************************* ORAL AND VIDEOTAPED DEPOSITION OF ROGER FARAHMAND, produced as a witness at the instance of the Respondent, and duly sworn, was taken in the above-styled and numbered cause on March 4, 2014, from 2:07 p.m. to 5:38 p.m., before Pennie Futrell, CSR in and for the State of Texas, reported by machine shorthand, at the Law Offices of Richard J. Corbitt, P.C., 6440 N. Central Expressway, Suite 700, Dallas, Texas 75206, pursuant to the Texas Rules of Civil Procedure and the provisions stated on the record or attached hereto. CSI GLOBAL DEPOSITION SERVICES 972-719-5000 Page 28 of 46 2 ROGER FARAHMAND March 4, 2014 1 APPEARANCES 2 FOR THE PETITIONER: 3 Mr. Bradford Nace NACE & MOTLEY, LLP 4 100 Crescent Court 7th Floor 5 Dallas, Texas 75201 Telephone: 214.459.8289 6 Facsimile: 214.242.4333 E-mail: bnace@nacemotley.com 7 8 FOR THE RESPONDENT: 9 Mr. Richard J. Corbitt LAW OFFICE OF RICHARD J. CORBITT, P.C. 10 6440 N. Central Expressway Suite 402 11 Dallas, Texas 75206 Telephone: 214.744.1234 12 Facsimile: 214.754.0515 E-mail: corbittlaw@gmail.com 13 14 ALSO PRESENT: 15 Mr. Randy Johnson - Videographer Ms. Maryam Farahmand 16 17 18 19 20 21 22 23 24 25 Page 29 of 46 3 ROGERFARAHMAND March 4, 2014 1 I N D E X 2 APPEARANCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Direct Examination by Mr. Corbitt . . . . . . . . . . . . . . . . 4 5 SIGNATURE AND CORRECTION PAGE . . . . . . . . . . . . . . . . . . . . . . . . 190 6 CERTIFICATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 7 EXHIBITS 12 Page 20, line 1 13 Page 30' line 21 15 Page 68, line 17 16 Page 119' line 6 20 Page 114, line 6 21 Page 120, line 3 Page 30 of 46 102 ROGERFARAHMAND March 4, 2014 1 have, if you do? 2 A. I don't have it. I'm sorry, I got to clarify 3 that. I withdraw what I said before. Badmand Holdings 4 has an interest. 5 Q. Okay. Okay. I didn't hear that. I'm sorry. 6 A. No, I didn't say it, and I apologize. 7 Q. What was the date of purchase there? 8 A. I don't know if it was 2009, '10, on one of 9 those dates, October '9 or October '10. 10 Q. And how much was that purchased for, if you 11 know? 12 A. 130,000. 13 Q. All right. Do you know fair market value now, 14 if you do? 15 A. I don't know. 17 ones you've testified to so far, Mr. Farahmand? 18 A. No. I've testified to four. 19 Q. Yes, sir, you have. In the United States. 20 A. I think I have one in Vegas, Las Vegas. 21 Q. Okay. 22 A. Or through Badmand Holdings and another friend 23 of mine. 24 Q. What's your friend's name, please? 25 A. Shaya. Page 31 of 46 103 ROGER FARAHMAND March 4, 2014 6 have in it 1 sir? Page 32 of 46 105 ROGERFARAHMAND March 4, 2014 5 Q. Okay. And is it -- is it -- do you rent it out 6 or do you ... 10 Q. Okay. So he -- Mr. Shaya is your I don't 11 want to use the wrong word here -- partner or associate 18 Q. Could you give me the address of that property, 19 please? Page 33 of 46 109 ROGERFARAHMAND March 4, 2014 5 A. Yes. I don't know if my partner has sold the 6 interest or we still possess it or what happened. 9 Q. Okay. Please forgive me, then. 10 You said partner. I hadn't heard anything 11 about a partner except Shaya Shaya -- Shaya. 15 A. in that situation. 16 Q. Is that the partner in the boat, also? Page 34 of 46 Page I of8 Skjp to Main Content Looout My Account My Cases Search Menu New Civil & Famlly Search Refine Search Back location: All Civil & Family Courts Images !::!..§.!Q REGISTER OF ACTIONS CAsE No. 417-56531-2013 In the Matter of the Marriage of Roger Arash Farahmand vs. Maryam § Case Type: Divorce with Children Farahmand and In the Interest of § Date Filed: 12/30/2013 § Location: 417th District Court § Case Number History: 401-56531-2013 § § PARTY INFORMATIO:>I Attorneys Petitioner Farahmamt, Roger Arash Also Known Ike Vanden Eykel As FARAHMAND, ROGER A. Retained 214-871-2727(W) Rebecca Tillery Retained 214-B71-2727(W) Respondent Farahmand, Maryam Robert S Widner Retained 972-979-S?OO(W) , Dawn M. Grams Horak Retained 469-644-7 442(W) Pfe-.SeRichard J Corbin Retained 214-744-1234(W) EVENTS & 0RD£RS OF THE COURT OTHER EVENTS AND HEARINGS 12/30/201 3 Original Petition fQr Divorce (OCA) $289.00 Emergency(ex patte) request for extraordina ry relief. and request for temporary orders 12/30/201 3 Reguest fg[ C!Y!,tiQn H.OO x1 waiting 12/30/201 3 Request for Temporary Restraining Order$8.00 x1 waiting 12/30/201 3 Orde' Temporary Emergency Ex Parle Order and Order Setting Hearing 12/:30/201 3 Citation Farahmand, Maryam Served 01/0212014 Returned 01/0212014 12/30/201 3 Temporary Restraining Order Farahmand, Maryam Served 01/0:212014 Retumed 01/0:212014 01/101201 4 SubRQ!!:na Return- Not DC Issued Que Le Served 11912014 01110/2014 Sutu~oena Return - Not g~ Issued Beth Cook &>rved 11912014 01/14/201 4 Temporary Orders Hearing (9:00AM) (Judi clal Officer Rusch, Mark) 01/14/201 4 General Docket Enby Matter reset 01/14/2014 Order Extending Extension of Temporary Emergency Ex Parie Order and Order Setting Hearing 01/24f201 4 Request for Copies $1.001 pg 01/241201 4 Sub(;!oena Return - Not DC Issued Aaron U//y Served 112.312014 01/27/201 4 Original Answer Respondent's Originaf Answer 01/27/201 4 CO!.!!]ter Petition ~50.00 Original Counter-Petition for Divorce EXHIBIT 01/27!2014 Rule 11 Agreement Rule 11 Agreement http://cijspub.co.collin.tx.us/secure/CaseDetail.aspx?CaseiD=l273404 7/9/2014 Page 35 of 46 Page 2 of 8 01/27/201 4 Rule 11 Agreement Rule 11 Agreement 01/28/201 4 CANCELED Temporary Orders Hearing (9: oo AM) (Judicial Officer Rusch, Mark) Reset 021041201 4 Motion Maryam Farahmand's Motion for Expedited Hearing for Interim Possession and Access 02/04/201 4 Notice of Hearing Notice of Hearing on Motion for Expedited Hean·ng for Interim Possession and Access 02/05/201 4 General Docket Entry No action taken by the Court 02125/201 4 Affidavit Affidavit of Business Records of Hannah's House 02/26/201 4 Affidavit Business Records Affidavit of Hannah:S House February 031061201 4 Motion Maryam Farahmand's Request to Expand Loca/20-Minute Rule for Temporary Orders Hearing 03/07/201 4 Subj2oena Return- Not DC Issued Served 3/6J2014 AsJan GtJaffari 03/07/201 4 SubJ;!:oena Return- Not DC Issued served 3/fi/2014 Farid Rastegar 031101201 4 Temporary Orders Hearing {9:00AM) (Judici al Officer RusCh. Mark) 03/10/201 4 General Docket Entry Temp Hearing conducted; Ruling dictated; M:JR 03/181201 4 Notice of Apoearance Appearance of Co-Counsel and Notice of Ch ange in Lead Counsel 03121/201 4 Rule 11 Agreement Rule 11 Agreement regarding possession 03/281201 4 Petition (Non • OCA} i70.00 Originaf Petition to Declare Marriage Void an din the Altemafive First Amended Petition for Divorce 04/01/201 4 Certificate of DeQosition {Bill of Cost Fotm) Maryam Farahmand Reporter Certification 04/041201 4 Certificate of DeQosftion fBill of Cost Form} Roger Farahmand 04/10/201 4 Certificate of De(:!osltlon {Bill of Cost Form} Reporters Certification Deposition of Marya m Farahmand March 4, 2014 04/21/201 4 Certificate Certificate of Written Discovery 04/23/201 4 Service Return Return of service on Asian Ghaffari on NOtice of fntent to take Depo. 04/23!201 4 Letter Hearing Date 0712912014 04/241201 4 R~uest for Citation i8.00 041241201 4 Request for Notlce $8.00 04/25!201 4 Motion Motion for Substitution of Counsel 04/28/201 4 Citation Farahmand. Maryam Served 05/02/2014 Returned 05/02/2014 04/281201 4 Notice Farahmand, Maryam Served 05102/2014 Retumed 05/02/2014 04/281201 4 Sub~na R!i!turn - Not DC Issued Shahrbanoo Khanipour aka Mahnaz Keyani Subpoena served 05101/201 4 Designation of Designation of Attorney In Charge 05/02/201 4 Service Return Maryam Farahmand Served Notice 05102/2014 05/021201 4 Service Return Maryam Farahmand Served Citation 0510212014 05/021201 4 Agreed Order Agreed Scheduling Order 05/06/201 4 C~ificate Certificate of Written Discovery 05/08/201 4 Certificate Certificate of Witten Discovery 051091201 4 Subi!Q!!:na Return - Not DC Issued Custodian of Records for Syed Shah 05/091201 4 Sub[,!oena Return - Not DC Issued Custodian of Records tor Dr. Michael Scott Woods 05/09/201 4 SubQoena Return - tl{Qt DC Issued Custodian of Records for Thomas Janacek served subp 05/0912014 05/161201 4 PetitiQner's Petitioner's Motion for Issuance of Letters Rogatory and Subpoena to Depose an Out-at-State Witness 05/16/201 4 Service Return Notice of intent to issue Subpoena Legacy Apartment Homes Served 05114114 05/19/201 4 Notice of Hearing Notice of Hearing on Petitioner's Motion fOr Issuance of Letters Rogatory and Subpoena to Depose an Out-of-State Wn'ness 05/221201 4 Original Answer Maryam Farahmand's Answer to Original Pe filion to Declare Marriage Void and in the Alternative First Amended Petition for Divorce 05/23/201 4 SubeQena Return - !':!JQ!: DC: Issued Dr Michael Scott Woods 05/2J/201 4 Sub~na R!!;turn - Not DC Issued CR for Syed Shah served Subpoena 0512212. 014 05/23/201 4 Subeoena Retum - Not DC Issued http://cijspub.co.collin.tx.us/secure/CaseDetail.aspx?CaseiD=l273404 Page 36 of 46 7/9/2014 Page 3 of8 Custodian of Records for Thomas Janacek, M.D. 05{23/201 4 SubQoena Return • Not DC Issued Dr Robert Gordon 05/271201 4 Motion Hearing (9:00AM) {Judicial Officer Rusch, Mark) M!fssuance of Letters Rogatory and Subpoena to Depose Ouf.~f-state Witness 05/27/201 4 Appearance of Counsel Notice of Appearance of Counsel 05/27/201 4 Resoonse Respondent's Response and Objections to Issuance of Lette rs Rogatory and Subpoena to Depose an Out-of-state Witness 05/27/201 4 Certificate Certificate of Marn'age 05/27/201 4 General Docket Entry Letters Rogatory issued 05/27/201 4 Order Order for Issuance of Letter Rogatory and Subpoena to Depose an Out of State Witness 05/291201 4 Sub~oena Return -Not DC Issued Custodian of Records for Post Legacy Apartments served Subpoena 05/.28/.2014 05/29/201 4 Certificate Certificate of Written Responses to Discovery 06/031201 4 Request for Copies $1.001 pg x10 06/051201 4 Subpoena Retum - Not DC lssyed Custodian of Records for Dr. Thomas Janacek served subpoena 0610412014 06/09/201 4 Ngti£~ Qf Intention to Take De!,;!osition by: Wrjtten QuestiQn§ liWitten Deposition Service transcription of deposition of written questions on Dr. Ghaffari and Bill of Costs 06/09/201 4 Designation of Petitioner's Designation of Expert Witnesses 06/09/201 4 Motion First Motion to Compel, Motion for Sanctions for Egregious Conduct by a Licensed Attorney and His Client Party and Motion for Interim Attorney Fees and Expenses 06/09/201 4 Affidavit Medical Records and Affidavit- Centennial Medical Center of Frisco 06/09/201 4 Notice ·- Notice of Filing Business Records Affidavit and Records- Cen tennial Medical Center Frisco 06/09/201 4 Affidavft Business Records Affidavit- Post Legacy Apartments 06/09/201 Notice of Filing of Business Records Affidavit- Post Legacy Apartments 06/09/201 4 Notice Notice of Business Records and Affidavit Filing- Sayed Shah, M.D. 06/09/201 4~ Modica/ Records and Affidavit- Sayed Shah, M.D. 06/09/201 4~ Modica/ Records and Affidavit 06/09/201 4 Designation of Respondent's Designation of Expert Witnesses 06/09/201 4 Certificate of Written Discovery 06/09/201 4~ Notice of Filing Medical Records and Affidavit 06{10/201 4 Notice Notice of Filing BRA and Records- Or. Robert Gordon 06/10/201 4 Affidavit Medical Records and Affidavit- Dr. Robert Gordon (UNDER SEAL) 06/10/201 4~ Notice of Filing Records and Affidavit 06/10/201 4 Affidavit Medical Records and Affidavit- Texas Health Presbyterian Ptano Hospital Part 1 (UNDER SEAL) 06/10/201 4 Affidavtt Medical Records and Affidavit- Texas Health Presbyterian Pia no Hospital Part 2 (UNDER SEAL) 06110/201 4~ Notice of Filing BRA and Records -Dr. Scott Woods 06110/201 4 Affidavit Medical Records and Affidavit- Dr. Scott Woods (UNDER SEAL) 06/10/201 4~ Business Records and Affidavit- Fn'sco PO 06/10/201 4 Notice Notice of Filing of Records and Affidavit- Frisco PO 06/10/201 4 Affidavit Business Records and Affidavit- Plano PO 06/10/201 4~ Notice of Filing BRA and Records - Frisco PD Corrected 06/10/201 4~ Notice of Filing of Records and Affidavit- Plano PD 06/10/201 4 Notice Notice of Filing BRA and Records -Arlington PD 06/10/201 4 Affidavit Business Records and Affidavit- Arlington PD 06/10/201 4 Notice Notice of Filing Business Records and Affidavit- Richardson PD 06/10/201 4 Af:!i.diD:i.t Business Records and Affidavit- Richardson PO 06/13/201 4 Amended Motion Petitioner's First Amended Motion for Issuance of Letters Rogatoty and Subpoena to Depose an Out of State Witness http://cijspub.co.collin.tx.us/secure/CaseDetail.aspx?CaseiD=l273404 Page 37 of 46 7/9/2014 Page 4 of8 06/13/201 4 Affidavit Foreign Language Translation an d Affidavit- Written Deposition Questions Farsi to English 06/131201 4 Affidavit Foreign Language Translation and Affidavit- Video Farsi to English 06/13/201 4 Affidavit Foreign Language Translation an d Affidavit~ Video English to Farsi 06/13/201 4~ Foreign Language TranslatiOn and Affidavit- Written Questions English to Farsi 06/13/201 4 Original Answer Amicus Attorney's Original Answer in Suit Affecting the Parent~ Child Refationship 06/13/201 4 Designation of Designation of Attorney in Charge 06.113/201 4 Notice Petitioner's Notice of Intent to Take Oral and Video Taped Deposilion of Amir Bagherkalantari 06/131201 4 Order of Letters Rogaroty and Subpoena for an Out of State Witness Amir Bagherkatantari 06.116/201 4 Sub~na Return ~ Not DC Issued Mary F VV1se aka Mariam Farahm and aka Mary Farahmand 06/161201 4 Motion Motion to Sign Temporary Orders 06/161201 4 NQll£2 Qf U~fing Notice of Hearing on Motion to Sign Temporary Orders 06/17/201 4 - Notice of Intent to Take Oral and Video Taped Deposition ofTaherEI~Badawi 06/17/201 4 Amended First Amended Notice of Intent to Take Oral and Videotaped Deposition of Taher Ef~Badawi 06/17/201 4 Notice Petitioner's First Amended Notice of Intent to Take Oral and Video Taped Deposition of Amir Bagherkatantari 06/18/201 4 Notice of Hearing on Motion to Sign Temporary Ord 06/18/201 4 Amended Mot!Q!l Petitioner's Second Amended Mots·on for Issuance of Letters Rogatory and Subpoena to Depose an Out-Of-State Witness 06/181201 4 Request for Copies $1.001 pg 06/18/201 4 Certificate Respondent's Certificate of Written Discovery 06/18/201 4 General Docket Entry order on letters rogatory signed 06/18/201 4 Amended Order of Letters Rogatory and Subpoena for an Out-of-State Witness, Amir Bagherkalantari 06/19/201 4 Sub~na Return - H2t DC lssu!tt! Taher EI-Badawi PhD subpoenaserved 06119/201 4 Motion tQ Quash Motion to Quash the Subpoena for Witness Depostion!Subpoena Duces Tecum for Mary F. Wise and Request for Sanctions 06/19/201 4 MQl!on tQ Qua3h Motion to Quash the Subpoena for lNitness Deposition/Subpoena Duces Tecum for Jocelyn McGregor and Request for Sanctions 06/191201 4 Motion !Q Qu!§h Motion to Quash the Subpoena tor Witness Deposition/Subpoena Duces Tecum for JT Langford alkla Tom Langford and Request for Sanctions 06/19/201 4 Notice Petitioner's Second Amended Nolice of fntent to Take Oral and Video Taped Deposition of Amir Bagherka/antari 06/191201 4 Sub~na Return. Not DC \s~ue!;l JT Langford alk!a Tom Langford 06/19/201 4 SubUQena Return ~ Not DC Issued Jocelyn McGregor 06/19/201 4 Letter Ntc ltr of new time of depo 06/19/201 4 Letter Ntc Ltr renew date & time of Depo 06/19/201 4 .!&tt!!: Ntc Ltr of new date & time of Depo 06/20/201 4 Motion to Quash Motion to Quash the Deposition of Mary Wise and Request for Sanctions 06/201201 4 Motion to Qua§h Motion to Quash the Deposition of Jocelyn McGregor and Request for Sanctions 06/20/201 4 Motion to Quash Motion to Quash the Deposition of JT Langford AKA Tom Langford and Request for Sanctions 06/20/201 4 Notice of Hearing Notice of Hearing 06/23/201 4 CANCELED Motion to Sign (9:00 AM) (Judicial Officer Rusch, Mark) Per Attorney TO's 06/23/201 4 letter Progress Report for Maryam Fara hmand 06124/201 4 Affidavit Business Records and Affidavit of University of Texas At Dallas Police Department 06/24/201 4 Notice Notice of Filing of Records and A ffidavit of Univer.sity of Texas at Daflas Police Department 06/24/201 4 Notice Notice of Filing of Records and A ffidavits of Da/las Pofice Department 06/24/201 4 Affidavit Busines$ Record:s and Affidavits of Dallas Police Department 06/24/201 4 NotlcQ Second Notice of Filing of Recordsand Affidavit of the Frisco Police Department 06/24/201 4 Affidavit Second Business Record:s and A fficlavit 1 of Frisco Police Department http://cijspub.co.collin.tx.us/secure/CaseDetail.aspx?CaseiD=l273404 7/9/2014 Page 38 of 46 Page 5 of8 06/2712014 Motion Respondent's Motion for Protect·rve Order Due to Written Objection to Depositions Seeking Affirmative Relief 06/27/201 4 Notice of Hearing 06127/201 4 Amended Answe[ Petitioner's First Supplemental an d Amended Answer to Petitioners Original Petition to Declare Mam·age Void and in the Alternative First Amended Petition for Divorce 06/27/2014 Amended Answer Mal}lam Farahmand's First Amended Answer to Original Petition to Dedare Marriage Void 06/27/201 4 Certificate Respondenrs Certificate of Writte n Discovery 06/27/201 4 Amended Petition First Amended Petition to Declare Mam·age Void and in the Alternative Second Amended Petftion tor Divorce 06/30/201 4 Certificate Cerlificate of Written Discovery 06/30/2014 Supplemental Respondenrs First Supplemental and Amended Counter-Petition for Divorce 07/011201 4 Sub~na Return- Not DC !~sued Shams/ Damavandi sefVed subpo ena 07/0112014 07/02/201 4 Motion Respondent's Motion tor Protective Order Due to Objection to Depositions 07/08/2014 Administrative Order Administrative Order of Assignment (transferring case to the 417th) 07/09/2014 ~ Letter regarding Transfer to 417fh and status of case 07/29/2014 Hearing (9:00 AM) (Judicial Officer Rusch, Mark) on Petlton to void 07/29/201 4 Motion To Compel (9:00AM) {Judi cial Officer Rusch, Mark) 07/29/201 4 Protective Order Hearing (9:00 AM) (Judicial Officer Rusch, Mark) FINANCIAL lNFORMATlON Minor Child Total Financial Assessment 2.00 Total Payments and Credits 2.00 Balance Due as of 07/09/2014 0.00 06/13/2014 Transaction Assessment 2.00 06113/2014 Payment Receipt# DC-47305-2014 (2.00) Petitioner Farahmand, Roger Arash Total Financial Assessment 556.00 Total Payments and Credits 556.00 Balance Due as of 07/09!2014 0.00 12/30/2013 Transaction Assessment 284.00 12130!2013 Transaction Assessment 8.00 12130/2013 Transaction Assessment 8.00 12130!2013 Payment Receipt# DC-63619-2013 FARAHMAND, ROGER A (300.00) 03/18/2014 Transaction Assessment 2.00 03116/2014 Payment Receipt# DC-19892-2014 FARAHMAND, ROGER A. (2.00) 03/2112014 Transaction Assessment 2.00 03/21/2014 Payment Receipt# DC-21274-2014 FARAHMAND, ROGER A. (2.00) 03/2812014 Transaction Assessment 72.00 03/28/2014 Payment Receipt# DC-23643-2014 FARAHMAND, ROGER A. (72.00) 04/01/2014 Transaction Assessment 2.00 04/01/2014 Payment Receipt# DC-24382-2014 FARAHMAND, ROGER A. {2.00) 04!04{2014 Transaction Assessment 2.00 04/04!2014 Payment Receipt# DC-25524-2014 FARAHMAND, ROGER A (2.00) 04110!2014 Transaction Assessment 2.00 04/10/2014 Payment Receipt# DC-26831-2014 FARAHMAND, ROGER A. (2.00) 04/17/2014 Transaction Assessment 2.00 04/17{2014 Payment Receipt# DC-29154-2014 FARAHMAND, ROGER A. (2.00) 04/21/2014 Transaction Assessment 2.00 04/21!2014 Payment Receipt# DC-29986-2014 FARAHMAND. ROGER A (2.00) 04123/2014 Transaction Assessment 2.00 04/23/2014 Payment Receipt# DC-30921-2014 FARAHMANO, ROGER A. (2.00) 04/23/2014 Transaction Assessment 2.00 04!23/2014 Payment Receipt# DC-30945-2014 FARAHMANO, ROGER A. (2.00) 04/24/2014 Transaction Assessment 8.00 04/24/2014 Transaction Assessment 8.00 04/24/2014 Payment Receipt# DC-31124-2014 Gary Sherman (16.00) 04!28!2014 Transaction Assessment 2.00 04128/2014 Payment Receipt# DC-32057-2014 FARAHMAND, ROGER A. (2.00} 05!02/2014 Transaction Assessment 2.00 05/02/2014 Payment Receipt# DC-33663-2014 FARAHMAND, ROGER A. (2.00) 05!02!2014 Transaction Assessment 2.00 05/02/2014 Payment Receipt# DC-33664-2014 FARAHMANO, ROGER A (2.00) 05/0612014 Transaction Assessment 2.00 05/06/2014 Payment Receipt# DC-34317-2014 FARAHMANO, ROGER A. (2.00) http://cijspub.co.collin.tx.us/secure/CaseDetail.aspx?CaseiD=l273404 Page 39 of 46 7/9/2014 Filed: 512712014 9:51:59 AM AndreaS. Thompson District Clerk Collin County, Texas By Wendy Hinojosa Deputy Envelope JD: 1361640 NO. 401-56531-2013 A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGER ARASH FARAHMAND § AND § MARYAM FARAHMAND § 401ST JUDICIAL DISTRICT § AND IN THE INTEREST OF § § § A MINOR CHILD § COLLIN COUNTY, TEXAS Is/ Ike Vanden Evkel IKE VANDEN EYKEL State Bar No. 20485500 E-mail: ike@koonsfuller.com REBECCA TILLERY State Bar No. 24060729 E-mail: tillery@koonsfuller.com KOONSFULLER A Professional Corporation 1717 McKinney Avenue, Suite 1500 Dallas, Texas 75202 (214) 871-2727 (214) 871-0196 Fax Bradford Nace State Bar No.24007726 E-mail: bnace@nacemotley.com Nace & Motley, LLC 100 Crescent Court, 7th Floor Dallas, Texas 75201 Page 1 of2 Page 40 of 46 (214) 459-8289 (214) 242-4333 Fax CERTIFICATE OF SERVICE I certifY that on May 27, 2014, a true copy of the above was e-served on attorneys of record by transmitting a copy to the EFSP during e-filing for transmission to the designated email address or by other means set forth in accordance with Rule 21a of the Texas Rules of Civil Procedure: Robert S. Widner The Widner Family Law Group, PLLC 2911 Turtle Creek Blvd., Suite 405 Dallas, Texas 75219 robertwidner@gmail.com 972.692.8951 (fax) Is/ Ike Vanden Evkel IKE VANDEN EYKEL Attorney for Petitioner Page 2 of2 Page 41 of 46 ._%'..,u.ue.o/b }l!MI - - --cf/-. _ph1fur!'e._ _ ·- . -. sigrulrur~·of ~·~ra"n~ni~uY ------- 4$LAN Typed GilAHAI\! or priured -------- -- ofpenoo p;rlornliDg con;mony lUWIC' ~tmd)fledfo~tk~~gl_ _ _ _ , _, MUf,et301'dedfk, _ _ ~ Section 2. 204 of tfi.e Pami(y Code I.M.arriaBe License StacerJ:;;f:(;t::JJi/rk ~y ryury 4 ~ Section 2.009 '?Jtfie 'Fami{y Code. 'Bride 'Returned and Pi fedfor 'Birtfidc;Y_: 11/27/1980 'Recordtfie _day P(a.ce oJ 'Birtfi: 'l'eliran, FR.Jl:N if ·- Stacey ~mp, County CCerf(_ ~y ~ryu~ 'Return License '10 9r1)!'10Jl9d IP.Jl(l{_'f/IZ 'l:Ql'Y}I'V'I 15025 PJI Page 43 of 46 WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year ftr above writte.n. Signed, sealed and delivered in presence of: ~ 1 9f ~~.1:{::!. '--../' Signature of First Party A~LAN FPA'R\ Signature of First Party Print name of First Party State of \e.,. ...~ County of l:>E..n:""> } On Se f"T I 1.. 1 2~~,; before me. appeared A S.lAN G H A F A"' personally known to me (or prove o me on the basts of satisfactory e tdence) to be the person(s) whose name(s) isfare subscribed to the wit instrument and acknowledge to me that hefshefthey executed the sam:e- in his/her/their authorized capacr '(ies), and that by his/her/ eir signature(s) on the instrument the person(s). o t e ntity upon behalf of w 'ch the person(s) acte executed the instrument. WITNESS mx and and official seal. ' Affiant _ _ Known__}{_Produced ID Type ofiD "'((!:>(.,. o"l"l"l oz. "1/ (Seal) State of County of } On before appeared personally known to me (or proved t me on the basi's of satisfact evidence) to be the person(s) whose name(s) isfare subscribed to the wi in instrument and acknowledg to me that he/she/they executed the same in his/her/their authorized pacity(ies), and that by his/her/the signature(s) on the instrUment the person(s), or the, entity upon b alf of which rhe persOn(s) acted, exec ed the instrument. WITNESS my hand and offi ·ai seal. Signature of Notary Affiant As\~ Type of ID _ ___.),r-------,- (Seal) l C. 3 > f1 C.., o" t" f\CAc e. Signature of Preparer Print Nam.e Of Pre parer Pc.,gc 2 ~ • I Page 44 of 46 it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor a ran tor's heirs and successors to warrant and forever defend all and singular the Property to Gr tee an Grantee's heirs, successors, and assigns against every person whomsoever lawfully clai ing or to cl ·m the same or any part thereof, except as to 1he Reservations from Conveyan and the Excepti ns to Conveyance and Warranty. Wh tbe context requires, singular nouns andpronouns include the plur This in trument was prepared based on information furnished b the parties, and no independent title ·earch has been made. I· This instrument was ackno ·edged before m on Janu;ry Lb._, 2009, by Asian Ghaffari. BIIIDGEm M. AVItA MY COMMISSION f)(PJRES Fe~ruary .2tl, 2011 neral Warranty Deed, Page :t Page 45 of 46 Doc.-163 current ~·ear l'tave b~en prorated Ulld are assumed b~· Gm.ntee. Tius conveyance 1s made aud acceptetJ subJCC( to nny and n!J \' "dly c.~slmg restm;IJous, .nunernl re:servaUons and UJterests. collditwl1.5. ~on:nants, eaScmcnt5, and nghts of way, if arty, 2pplicabl to and nforceable ag:unst the above described property as now reflected by the records of the County aerk.in said County and c and to ·applicable z:oni.ng laws or ordinances. But it is e.xpre>>ly ag1eed and sl~pulated U1a1 tile Vendor's L11::n and We Supenor Title arc retaw.ed and reserve ravo~ ofllu: pay m said note agrunsl tlle·above described property, pre= and unpmvements. until said nQte, aud all.mter Urereon 15 fully paid 11 rdins to the ial:l: aiJd lCOo.r, effect nnd reading thereof, wllcn tfus d_ccd shall become absolute. hen Uus de:>...d IS e!l:ecuted by one person. or 1\'lll;:n the Grunt"~ t:S om: persbn, the mstmrnent shall r ns though pcrtmcnt verbs aml onmms were cttanged to correspond. and when e:»ecui<:U by (lr ro a corporaoon the wor ~heirs, exe<;;utors and adnu.n.!str:uo " or "hf':irs and ~~!gns" shaU be construed to mean ''Successors and ass-igns" D:~lcd thts !he 29th d.1y.of :cecerrb2r, 2.011 TillS wstrumcnt· was ack:nowledg~ by of on behalf of said.corpor"o~llun. Pagelaf1 Page 46 of 46 ROGER FARAHMAND’S RECORD TAB 16 Filed: 7/31/2014 5:51:06 PM Andrea S. Thompson District Clerk Collin County, Texas By Carla Mahan Deputy Envelope ID: 2014948 THIS DOCUMENT CONTAINS SENSITIVE DATA. A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGER ARASH FARAHMAND § AND § 417TH JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § , A CHILD § COLLIN COUNTY, TEXAS PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S "FIRST MOTION TO COMPEL, MOTION FOR SANCTIONS FOR EGREGIOUS CONDUCT BY A LICENSED ATTORNEY AND HIS CLIENT PARTY AND MOTION FOR INTERIM ATTORNEY FEES AND EXPENSES" Petitioner, Roger A. Farahmand, specially excepts to Respondent, Maryam Farahmand's "First Motion to Compel, Motion for Sanctions for Egregious Conduct by a Licensed Attorney and His Client Party and Motion for Interim Attorney Fees and Expenses" and asks the Court to order Respondent to replead and cure her pleading defects, and if Respondent fails to cure her pleading defects, Petitioner asks the Court to enter an order striking Respondent's pleading. Petitioner specially excepts to Respondent's "First Motion to Compel, Motion for Sanctions for Egregious Conduct by a Licensed Attorney and His Client Party and Motion for Interim Attorney Fees and Expenses" because it PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S 1 "FIRST MOTION TO COMPEL" Page 1 of 21 contains personal, private and inflammatory allegations and statements, and evidentiary "facts," all of which is inappropriate and in violation of the Texas Family Code's prohibition of the inclusion of evidentiary facts within pleadings. Texas Family Code § 6.402(c) states, "The court shall strike an allegation of evidentiary fact from the pleadings on the motion of a party or on the court's own motion." The portions of Respondent's pleading to which Petitioner specially excepts are too voluminous to include in the body of this motion. For the Court's ease of review, a true and correct copy of Respondent's pleading has been attached to this Motion as Exhibit A. The portions Petitioner believes are inappropriate and in violation of Texas Family Code § 6.402(c) have been redacted by Petitioner, and Petitioner requests that the Court order Respondent to cure said pleading defects by a time and date certain If Respondent fails to cure her pleading defects by a time and date certain, Petitioner asks the Court to strike the portions of Respondent's pleading that are Due to Respondent's filing of a pleading in violation of the Texas Family Code, it was necessary for Petitioner to secure the services of the below attorneys PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S 2 "FIRST MOTION TO COMPEL" Page 2 of 21 to prepare and prosecute this Motion. Judgment for attorney's fees, expenses, and costs for the preparation of this Motion should be granted against Respondent and in favor of Petitioner for the use and benefit of Petitioner's attorneys and should be paid directly to Petitioner's attorneys, who may enforce the judgment in the attorneys' own names. Petitioner requests post-judgment interest as allowed by For these reasons, Petitioner asks the Court to grant his Special Exceptions and Motion to Strike, award attorney's fees, and grant him any further IKE VANDEN EYKEL State Bar No. 20485500 E-mail: ike@koonsfuller.com REBECCA TILLERY State Bar No. 24060729 E-mail: tillery@koonsfuller.com KOONSFULLER A Professional Corporation 1717 McKinney Avenue, Suite 1500 Dallas, Texas 75202 (214) 871-2727 (214) 871-0196 Fax PETITIONER"$ SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S 3 "FIRST MOTION TO COMPEL" Page 3 of 21 -and- Bradford Nace State Bar No. 24007726 E-mail: bnace@nacemotley.com Nace & Motley, LLC 100 Crescent Court, th Floor Dallas, Texas 75201 (214) 459-8289 (214) 242-4333 Fax Counsel for Petitioner communicated with Counsel for Respondent concerning the merits of this motion. Counsel for Petitioner and Counsel for Respondent were unable to reach an agreement concerning the matters raised by this motion. PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S 4 "FIRST MOTION TO COMPEL" Page 4 of 21 CERTIFICATE OF SERVICE I certify that on July 31, 2014, a true copy of the above was e-served on attorneys of record by transmitting a copy to the EFSP during e-filing for transmission to the designated email address or by other means set forth in accordance with Rule 21a of the Texas Rules of Civil Procedure: RobertS. Widner The Widner Family Law Group, PLLC 2911 Turtle Creek Blvd., Suite 405 Dallas, Texas 75219 robertwidner@gmail.com Dawn M. Grams Horak Dawn M. Grams, P.C. P.O. Box 924 Grapevine, Texas 76099 dgrams@msn.com 214-572-6893 (fax) Diana L. Porter Diana L. Porter, P.C. 103 E. Virginia Street, Suite 201 McKinney, Texas 75069 dporter@collincountydivorce.com Is/ Rebecca Tillery REBECCA TILLERY Attorney for Petitioner PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENTS 5 "FIRST MOTION TO COMPEL" Page 5 of 21 Filed: 6/9/2014 3:10:16 PM Andrea S. Thompson District Clerk Collin County, Texas By Mindi Johns Deputy Envelope ID: 1485473 THIS DOCUMENT CONTAINS SENSITNE DATA. IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § 401ST JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § M.J.F., A CHILD § COLLIN COUNTY, TEXAS § FIRST MOTION TO COMPEL, MOTION FOR SANCTIONS FOR ECRJi;GIOU~ CO~DUCT BY A LICE:NSJi;l> ATTOR."'Ji;Y,A..~I> IUS CLIENT PAR'f'f AND MOTION FOR INTERIM ATTORNEY FEES AND EXPENSES This First Motion to Compel, Motion for Sanctions fer IlgrsgieYs Csn<:lttet by a LieeHsed l.tte.rney/:Party and Motion for Interim Attorney Fees and Expenses is brought by MARYAM FARAHMAND and served on ROGER ARASH FARAHMAND. 1. R-eger Ar~~h Farafl:H'tttfl:d is l'@titieHOJf aHQ a LieOJHsed A-tte.mey iH the State e.f ~sxa~, @XG8f1t fer tfte period his lieeBse v1as sespettded.~ ,behavier vffiieh ha£ ~nbstastially raiss9 th11 eest sf li-tigatieH, l3y ffiiliHg te assw~ 11Page EXHIBIT A Page 6 of 21 €J:H@stieHs iH a eeurt hefl:fiag ' thllB failill:g to -·er. liftS w 58 "tlestiell:s '1. dtttill:g his • • H . -deposition, tnnng the a11 . aot, to "frisk" the baby at th€! eB et -asserts th B)' ar III:!, s Ilottse fllld flllether private Ill";es . f tgat o f te false~' asserte Hflllll:ah' s Hetlse t a e . . iu.tim!dattoll. . . . , rt or .J Hflllnah's Hetlse vvhieh is shocking and unaccepta-ble. . . A ~4 GER J\R-A SII FAR:n: AIH1 fA1t:NB filed a l&NSUJt agaJHst M, ..RY, 3. RO " ~• . . ·a 'athdel3th FARAIHviAND's mether on Jllfttlm:) 27 , 2014 te harass &as lBtHRI at :Tttdieial District Court ofCellin Cottnty. 4 . Even mere egregiOtiS, R spoadent ,e Hau tiOS t. t. n . "' o"sr lQO QUESTIONS Pl ~ ,·mg "dumb" to such challeBgmg · qaestioas as how BlYGtr ' d ftO'" I HlYGh BlOI'IC)' QO )'QY BlMO, fllld wastisg the eest of ! d . t' tl time ef the Elepesltwa, fll1 he eposr tv , " b· d ft th J• . g no deettments abotJt assets fber "Iltet kft . Nacc, ~!em te ) eur . ttJ va; t ttJ knBH r~het e e vetjlpcnHJ) , in 'lzis csfflk iJ, vvhethcr it'8 hia Sf?JHJraw fi "fiG· ' '· it'3 in tt fanu·tyrusr t t eTA 801H e utne; l tH u Ht!d ef'hbtSillCS"S 'J eil ln f' w'tetli!?r it 'g 1 ' 2ll'age Page 7 of 21 .. structured Bt net, ever;: acsgun( Pl'EWJ' stack, e rety bond, eve;y sp~c -6fdirt, emy rehiek, ererythiltg." (Pa:ge 82 of the !ffiliag a~ed March 10, 20 14). 5. l'!!titioner has eaused fanner counsel to eJ!}leRd ever $20,000.00 ttsiag 1h01se -aela)' tactics :.ma Respendeffi has had te hire a nc~v hnv firm to pretest her interest,. 5. Aftsr aet eMperating in his depe5ition or at the sourt hearing ~ud providing responsi vc ans vv ers, he has hired the law firm of Ke eas Fuller 11ttd fu tlr additional Ia vii) ers Rs!:Jeeea Tillery, Ike VaRaea Eykel, R hepin;g this protects his egr eriginallav:yer, and no Vi is tryiag to take the RespoRtlent on a Vi ild geese ehase to Los Aag DEPOSITION The deposition of ROGER A. FARAHMAND was taken on March 4, 2014. Roger Farahmand was HHtfHthful aRe failed to answer over 58 questions by claiming he "doesn't know" ana ia abusive pattern of delay ft:Ra to fl'Ustrate jnstiss. 11. ROGER A. F ARAHMAND claims to "not know" what his current caseload is as a lawyer. 2 12. ROGER A. F ARAHMAND claims he has stocks but "doesn't know" what 2 RogerFarahmand Dep. 25:5-16 3[Page Page 8 of 21 they are. 3 13. ROGER A. FARAHMAND claims he "doesn't !mow" what the value of his mutual funds are. 4 14. ROGER A. F ARAHMAND answers he "doesn't know" what the profits were for his Law Firm in 2013. 5 15. ROGER A. FARAHMAND claims he "deesfl't kRev,'' how much money he pm into the mt!tual ftmds. 6 16. ROGER A. FARAHMAND claims he "doesa't kaew" vvhat he pa:ys the NaHny he hinld to take eft!e oflris son. 7 17. ROGER A. FARAHMAND answers he had "zero profits" for his Law Firm in 2012. 8 18. .ROGER A. FA:RAifM:AND is aaelew aaa elffims he "doesn't kM vv" if he's defl:s busiallss with a flldsrally iRaietea iRdividttal, Bema Faiey, \Vhe ROGER A ,fARAIIJI.~ID claims to be a fiicnd.9 19. ROGER A. FARAHMI~ID ReRrespeHsive ~ud refuses te answer 1f he takes -a_salacy from his lam fir~B.l.O 3 RogerFarahmandDep. 119:15-16 4 Roger Farahmand Dep. 120:5-6 5 Roger Farahmand Dep. 27:9-10 6 Roger Farahmand Dep. 120:11-12 7 RogerFarahmandDep. 81:15-16 8 Roger Farahmand Dep. 26:23-24 9 Roger Farahmand Dep. 90:12-13 10 Roger Farahmand Dep. 28:20-25 41Pagc Page 9 of 21 20. ROGER: A. FA:ItAJtMAND says he "doesn't remember" if he took a salary froffi his Lff'.v finn in 2613 .U 21. ROGER A. F ARAHMAND claims Ms. Farahmand helped him in his Law firm but claims he "doesn't know" when. 12 22. ROGER A. F ARAHMAND says that he is able to pay for daily expenses including his son's because he has "done well in the past" bttt is BOnf€lSflOHSive as to .where that money f3Fesentlj eomes from. 13 23. ROGER A. FARAHMAND is nonresponsive about questions pertaining to -the rejection of his application to the California State bar ey their ffioral eharaeter eomlllittee. u 24. ROGER A. F ARAHMAND claims he "doesn't know" if his net worth is $1 million, $2 million, or $3 million or more. 15 25. ROGER A. F ARAHMAND claims that he clients in the state of California. However, according to thll Califomia State bar he is not lieensecl to flFOetiee la,>x il'l' -the state of Califamia. 16 26. ROGER A. F ARAHMAND claims he does NOT practice in the area of immigration. Ho .vever, accordiug to the ~tats Bar of TeJ 11 Roger Farahmand Dep. 28:20-25 12 Roger Farahmand Dep. 31: 12-24 13 Roger Farahmand Dep. 79:9-15 14 RogerFarahmand Dep. 13:3-20 18:1-25 19:1-25 20:1-20 15 Roger Farahmand Dep. 79:16-24 16 RogerFarahmand Dep. 26:16-20 Page 10 of 21 -the 3 mcas he practicesP 27. ROGER A. FARAHMAND claims he "GG@SH't !mew" how long he was married to his ex-wifeY 28. ROGER A. FARAHMAND claims he "doesa't kaew" what his annual profit was for 2012. 19 29. ROGER A. FARAHMAND claims he "doesa't knew" what his annual profit is for 2013. 20 30. ROGER A. FARAHMAND is asked about his company, Interhealth, Inc. He claims he "doesn't knovv" what his position is in that business. 21 31. ROGER A. FARAHMAND claims he did take money from Interhealth, Inc. but "doesn't know" how much money he took. 22 32. ROGER A. FARAHMAND claims he is the general manager of Interhealth, Inc. but says he ';aeesH't IEaow" whether or not there are any other directors or members. 23 33. ROGER: A. FA:RA:HMAND is a men'tber oftfte eell:tJ'dllJ Enter health Online, .I.LC. The BMSiness aaar
Secretary gf state reeenls. Yet when asked what his position is he answers "I don't 17 Roger Farahmand Dep. 8:22-24 18 Roger Farahmand Dep.21:25-22:1 19 Roger Farahrnand Dep. 26:23-25 27:1-10 20 RogerFarahrnand Dep. 27:14-15 21 Roger Farahmand Dep. 32:22-25 33:1-5 22 RogerFarahmand Dep. 37:12-19 23 Roger Farahmand Dep. 39:3-5 61Page Page 11 of 21 know". 24 34. ROGER A. FARAHMAND is asked if there is any document or instrument showing what his position is with Enterhealth online, LLC. He answers "I don't know". 25 35. ROGER A. FARAHMAND says he "doesn't know" if he has any ownership interest in Enterhealth Online, LLC. 26 36. ROGER A. FARAHMAND claims he "doesn't know" when he got involved with Enterhealth Online, LLC. 27 37. ROGER A. FARAHMAND claims he "doesn't know" what Enterhealth Online, LLC does. 28 38. ROGER A. FARAIIMAND ''doesn't knev/' vvhat Enterhealth Online did •v-h8n he 'liftS etttten-t \\ ith eampml)i. 29 39. ROGER A. FARAHMAND is listea as a maaager/ e~ffieer of the compittry CSI Staffing, LLC but claims he "doesn't know" what it does or who its members are. 30 40. ROGER A. FARAHMAND claims that he "doesn't know" if he had any 24 Roger Farahmand Dep. 40:7-8 25 Roger Farahmand Dep. 40-9-12 26 Roger Farahmand Dep. 40:13-15 27 Roger Farahmand Dep. 40:16-17 28 Roger Farahmand Dep. 40:18-20 29 Roger Farahmand Dep. 41:16-27 30 Roger Farahmand Dep. 44:9-11 71Page Page 12 of 21 income or revenue from his company, Globalhealth Inc. in 2012, 2013 & 2014. 31 41. ROGER A. F ARAHMAND claims he "doesn't know" if he is familiar with Principle Health management Inc ...aG6Elrdiag tQ the Texas Secretruy of State records hs is an offiesr an.d the Prssit:lent. 32 42. ROGER A. FARAHMAND is listed !:IS 1:1 t:lireetor for lflterhe~:~lth Staffing, Inc. !:leeorfiiHg to ths TsJ if he ran the business or not and "doesn't know" if he has any ownership in it. 33 43. ROGER A. FARAHMAND is listsd as the PrssilisHt Qf Pmgrsssive Healthears Managsment, IHe. -aeeording to the TeJ claims he "doesn't know" if he's familiar with it or not. 34 44. ROGER A. FARAHMAND i-s listed !:IS the President of Olympia Healtherue, Ins. aGGQfGiHg tQ the Texas Secretary of St~:~te records. He claims he doesn't hold any position for that company nor does he have an ownership interest. 35 45. ROGER A. FARAHMAND claims he received money or income for the Renner Pharmacy in 2013 but "doesn't know" how much. 36 46. ROGER A. FARAHMAND claims he might have taken $5000 from the Renner Pharmacy on a monthly occasion but "doesn't know" when or how many 31 RogerFarahmand Dep. 46:19-23 47:7-8 32 RogerFarahmandDep. 51:18-20 51:18-25 52:1-7 33 Roger Farahmand Dep. 51 :6-8 34 Roger Farahmand Dep. 52:10-13 35 Roger Farahmand Dep. 53:3-11 36 Roger FarahmandDep. 57:6-10 Page 13 of 21 times. 37 47. ROGER A. FARAHMAND claims he "doesn't know" if the money he took from the Renner Pharmacy is going to be reflected in him tax returns. 38 48. ROGER A. F ARAHMAND claims he "doesn't know" if Ms. Farahmand was 39 ever the President of the Renner Pharmacy. 49. ROGER A. F ARAHMAND claims that he might have had an indirectly been involved in removing Ms. Farahmand's name as the President of the Renner Pharmacy at the Chase Bank. However, he claims he "doesn't know" if it was after or before the divorce. 40 50. RDGER A. FARAIHvWID is unsure if the N1mny he hired to take e!l:fe of his son speaks English. 41 51. RBGER A. FARAIIMAND elaims h Califurnia aut '\loesR't know" HO'.V FBYCH wa~ paid fur it. 42 52. ROGER A. F ARAHMAND claims he has property in Las Vegas, Nevada but "doesn't remember" how much was paid for it. 43 53. RO~R A. Fl'tR:AIHv1A1ID clainrs he'3 "rtet sttre" havv nruclr payrnent he 37 Roger Farahmand Dep. 57:16-23 38 RogerFarahmand Dep. 57:24-25 58:1 39 Roger Farahmand Dep. 62:8-11 40 Roger FarahmandDep. 63:1-25 64:1-25 65:1-15 41 Roger Farahmand Dep. 81:23-24 42 Roger FarahmandDep. 96:1-7 43 Roger Farahmand Dep. 103:13-21 9IPage Page 14 of 21 makes on the 3 BMW payments. H 54. ROGER A. F ARAHMAND claims at first that he is unsure if he owns a boat. 45 55. ROGER A. F ARAHMAND then claims that he "doesn't know" if his partner, Shaya Ansari who ROGER A. FARAHMAND claims to be like a brother to him, has sold ROGER A. FARAHMAND's share for the boat. 46 56. ROGER A. FARAHMAND claims he "doesn't know" what kind of boat it is that he has an interest it, but he says he has been on it. 47 57. ROGER A. FARAHMAND claims he "doesn't know" what the purchase price of the boat he ha~ a:n iBtere5t iH v.a~. 48 58. ROGER A. F ARAHMAND is unclear about the date of purchase of the boat. 49 59. ROGER A. FARAHMAND initially claims he "doesn't know" how much he has in his Farmer's Merchant bank account. Then he estimates it to be negative $1.8 million. 5° 60. ROGER A. FARAIIMAND elaims thai he doesn't kno-.v how mHeh he has in hi~ bank aeeo tmt in China. SJ 44 RogerFarahmand Dep. 107:9-16 45 Roger Farahmand Dep. 108:22-25 I 09:1-2 46 Roger Farahmand Dep. 109:3-6 47 Roger Farahmand Dep. I 09:18-19 48 Roger Farahmand Dep. 110:12-13 49 Roger Farahmand Dep. 110:14-16 50 RogerFarahmandDep. 110:11-17 51 Roger Farahmand Dep. 112:24-25 113:1-10 101Page Page 15 of 21 61. ROGER A. FARAHMAND is unsure how much he has in his Compass bank account. 52 62. ROGER A. FARAHMAND claims he "doesn't know" what a money market is, even though he is a tax attorney. 53 63. RGGER A. FARAHMAND elaims he "doesn't kno~~" vv'hat the value gfthe ~ewelry he owns is. 51 64. R..QGER A. FARt\IIM:Al'ID atl.~wers "I don't know" when a~ ked if he made any insl:lfanec claims rega:rding stolen rugs within the last 3 years. 55 65. ROGER A. F ARAHMAND claims he "doesn't know" what time he cancelled the flight we were supposed to catch to go to Florida on Dec 28, 2013 1lefore he -kiElnawed the baby. 56 66. ROGER A. FARAHMAND claimed that he had "30" recording of Mrs. Farahmand that he would provide as a part of discovery. Hewev er fie has en!)' tamed 67. ROGER A. FARAHMAND answered "I don't know" when asked how much cash he has in the primary residence. 58 52 Roger Farahmand Dep. 113:11-15 53 RogerFarahmandDep.120:17-18 54 Roger Farahmand Dep. 120:24-25 121:1-6 55 Roger Farahmand Dep. 129:17-18 56 Roger Farahmand Dep. 163:3-4 57 RogerFarahmandDep. 170:15-21 58 RogerFarahmand Dep. 185:10-12 ll!Page Page 16 of 21 68. ROGER A. FARAHMAND i3 t1R3tlre Mcl no!TfespoHsive aben:tt takiRg tr p.:r~:~Jffia.ge of the money brought iBl3y Effiother lfr'.vyer at the Faralnnand Lavv Firm. 59 69. ROGER A. FARAHMAND is nomesponsive wffen asked if he receives an dncome from a compan:y he owns, BadmEfficl IIolding. 60 Discovery of all non-privileged information is permitted if relevant to the subject of the lawsuit including, but not limited to, inadmissible evidence, so long as the request is reasonably calculated to lead to the discovery of admissible evidence. 61 In addition, a party may obtain discovery of the existence and contents of documents and tangible things "that constitute or contain matters relevant to the subject matter of the action." 62 The phrase "relevant to the subject matter" is to be "liberally construed to allow the litigants to obtain the fullest knowledge of the facts and issues prior to trial." 63 .III. IIIRING OF TWO PRIVATE ~~~v'ESTIGA'fORS TO IIARRASS Private lRveatigarer Duane 16 euge1 70. (~4ARY~i FMAiflVIAND) vvas infermecl on April27, 2014 l3y Mrs. Betty Stoml, the direetot of Harmali's Iletme that a private investigator by the narne of Duane Kreuger showed ttp that week ami claimed that he mas...h.j.t:ed by MARYAM: 59 Roger Farahmand Dep. 72:14-20 60 Roger Farahmand Dep. 89:3-9 61 Tex. R. Civ. P. 192.3(a). 62 Tex. R. Civ. P. 192.3(b). 63 Axelson, Inc. v. Mcllhany, 798 S.W.2d 550, 553 (Tex.l990). 121Page Page 17 of 21 FARt'd1MAND to come sheck tl:!e HaBflah's hgnse facility. Mrs. Stone asked Mr. Kreuger ttbout vvho hired hirn and he said "it was the mom"(MARYAM FARAIE'vWm) and "she's trying to throw you guys URaer the bus". Mr. Krueger ha,s cgmnutte h · · tl v,Lat IS lea i te! "pretextmg · ", aetmgt · l"!c e you are someone you ate not gr 'NQrking for someone that has never hirea yo&. ::Piffimy Am~ on 71. Ms. Tiffal'l?' ,AJlisoa started following MARYAM FARAIIMAND and het ,parents on when visitations took place at MARYAM FARAIHvWm's parent's . home ia Mat eh. At the start of each visitatim'l she wo•1ld follow them to their home !md stay in the alley area ofti:! par alley aud follov• them to the switch otlt site (Plllflo Poliee/Libmry on Independence -&d. & Micarta) There was a police repgrt filed by MARYAM FARAIE'v'L"cND's .parents nl: their concern about Ms. Allison followiag them. Ms. Allison reportetl to the police that she is a Private Im estigatot hiretl by Roget Fm ainnand but this is a !i pr whea tlireetry asked b' MARYAM FA:ltAHMAND's mottier, she claimed she was a Private investigatgr. Howe'ter, she is J>JOT a registe1ed PI. This person is "frisking" the hahy, tormenting a ten month: old child at t!le end of every v1s1t m an 13! Page Page 18 of 21 atte'Pft to intimate the mo titer. ReliefRequested Respondent is asking for sanctions/and or reimbursement for the first $20,000.00 in lawyer's fees she has expended; Asking for $30,000.00 in interim attorney fees to be on an equal level from the "t!re!lftl team" gf la'Nyers !lflel-new lawyers he has added; Award expenses of$1500.00 to attend the deposition in Los Angeles; Requesting sanctions for $1,500.00 to pay for a new deposition of Mr. Farahmand (for both court reporter and videographer) An additional ten hours of deposition time with Mr. Farahmand and an order for him to be compelled to answer questions in his deposition; and We are also requesting he provide us an inventory within the next 15 days. RobertS. Widner, of the Widner Family Law Group, 2911 Turtle Creek Blvd., Ste. 405, Dallas, TX, 75219, (469) 563-4800, (972) 692-8951, and State Bar number 00792092 has been employed to represent MARYAM F ARAHMAND along with Dawn Horak, who is Of Counsel with the Widner Family Law Group. Respondent requests that sanctions, attorney fees and deposition costs be paid to the law firm by a date certain. Respondent MARYAM FARAHMAND prays that the Court grant this motion. 141Page Page 19 of 21 Respectfully submitted, The Widner Family Law Group 2911 Turtle Creek Blvd., Suite 405 Dallas, TX 75219 Tel: (972) 979-5700 Fax: (972) 692-8951 /s/ RobertS. Widner By: _ _ _c___ _ _ _ _ _ _ __ Robert S. Widner State Bar No. 00792092 Dawn M. Grams Horak, of Counsel State Bar No. 24036667 Shanin Turner State Bar No. 24088559 E-Mail: robertwidner@gmail.com Attorneys for MARYAM FARAHMAND dispute without necessity of court intervention and has failed. /s/ Robert S. Widner Robert S. Widner Attorney for MARYAM F ARAHMAND 151 Page Page 20 of 21 Certificate of Service or party in accordance with the Texas Rules of Civil Procedure on June 9, 2014. Is/ Robert S. Widner 161 Page Page 21 of 21 ROGER FARAHMAND’S RECORD TAB 17 Filed: 7/31/2014 5:51:06 PM Andrea S. Thompson District Clerk Collin County, Texas By Carla Mahan Deputy Envelope ID: 2014948 THIS DOCUMENT CONTAINS SENSITIVE DATA. A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGER ARASH FARAHMAND § AND § 417TH JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § ., A CHILD § COLLIN COUNTY, TEXAS PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S "FIRST AMENDED ANSWER TO ORIGINAL PETITION TO DECLARE MARRIAGE VOID" Petitioner, Roger A. Farahmand, specially excepts to Respondent, Maryam Farahmand's "First Amended Answer to Original Petition to Declare Marriage Void" and asks the Court to order Respondent to replead and cure her pleading defects, and if Respondent fails to cure her pleading defects, Petitioner asks the Court to enter an order striking Respondent's pleading. Petitioner specially excepts to Respondent's "First Amended Answer to Original Petition to Declare Marriage Void" because it contains personal, private and inflammatory allegations and statements, and evidentiary "facts," all of which is inappropriate and in violation of the Texas Family Code's prohibition of the inclusion of evidentiary facts within pleadings. Texas Family Code § 6.402(c) PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S Page 1 of 131 "FIRST AMENDED ANSWER TO ORIGINAL PETITION TO DECLARE MARRIAGE VOID" states, "The court shall strike an allegation of evidentiary fact from the pleadings on the motion of a party or on the court's own motion." The portions of Respondent's pleading to which Petitioner specially excepts are too voluminous to include in the body of this motion. For the Court's ease of review, a true and correct copy of Respondent's pleading has been attached to this Motion as Exhibit A. The portions Petitioner believes are inappropriate and in violation of Texas Family Code § 6.402(c) have been redacted by Petitioner, and Petitioner requests that the Court order Respondent to cure said pleading defects by If Respondent fails to cure her pleading defects by a time and date certain, Petitioner asks the Court to strike the portions of Respondent's pleading that are Due to Respondent's filing of a pleading in violation of the Texas Family Code, it was necessary for Petitioner to secure the services of the below attorneys to prepare and prosecute this Motion. Judgment for attorney's fees, expenses, and costs for the preparation of this Motion should be granted against Respondent and in favor of Petitioner for the use and benefit of Petitioner's attorneys and should be paid directly to Petitioner's attorneys, who may enforce the judgment in the PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S Page 2 of 132 "FIRST AMENDED ANSWER TO ORIGINAL PETITION TO DECLARE MARRIAGE VOID" attorneys' own names. Petitioner requests post-judgment interest as allowed by For these reasons, Petitioner asks the Court to grant his Special Exceptions and Motion to Strike, award attorney's fees, and grant him any further IKE VANDEN EYKEL State Bar No. 20485500 E-mail: ike@koonsfuller.com REBECCA TILLERY State Bar No. 24060729 E-mail: tillerv@koonsfuller.com KOONSFULLER A Professional Corporation 1717 McKinney Avenue, Suite 1500 Dallas, Texas 75202 (214) 871-2727 (214) 871-0196 Fax -and- Bradford Nace State Bar No. 24007726 E-mail: bnace@nacemotley.com Nace & Motley, LLC 100 Crescent Court, 7ili Floor Dallas, Texas 75201 (214) 459-8289 (214) 242-4333 Fax PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S Page 3 of 133 "FIRST AMENDED ANSWER TO ORIGINAL PETITION TO DECLARE MARRIAGE VOID" CERTIFICATE OF CONFERENCE Counsel for Petitioner communicated with Counsel for Respondent concerning the merits of this motion. Counsel for Petitioner and Counsel for Respondent were unable to reach an agreement concerning the matters raised by this motion. Is/ Rebecca Tillery I certifY that on July 31, 2014, a true copy of the above was e-served on attorneys of record by transmitting a copy to the EFSP during e-filing for transmission to the designated email address or by other means set forth in accordance with Rule 21a of the Texas Rules of Civil Procedure: Robert S. Widner The Widner Family Law Group, PLLC 2911 Turtle Creek Blvd., Suite 405 Dallas, Texas 75219 ro bertwidner@gmail. com Dawn M. Grams Horak Dawn M. Grams, P.C. P.O. Box924 Grapevine, Texas 76099 dgrams@msn.com 214-572-6893 (fax) Diana L. Porter Diana L. Porter, P.C. 103 E. Virginia Street, Suite 201 McKinney, Texas 75069 dporter@co II incountydivorce.com REBECCA TILLERY Attorney for Petitioner PETITIONER'S SPECIAL EXCEPTIONS AND MOTION TO STRIKE RESPONDENT'S Page 4 of 134 "FIRST AMENDED ANSWER TO ORIGINAL PETITION TO DECLARE MARRIAGE VOID" Filed: 6127/2014 3:27:00 PM Andrea S. Thompson District Clerk Collin County, Texas By Tina Chandler Deputy Envelope ID: 1671664 NO. 401-56531-2013 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § 401ST JUDICIAL DISTRICT MARY AM FARAHMAND § § AND IN THE INTEREST OF § § COLLIN COUNTY, TEXAS A CHILD § MARYAM FARAHMAND'S FIRST AMENDED ANSWER TO ORIGINAL PETITION TO DECLARE MARRIAGE VOID Roger Arash Farahmand's Original Petition to Declare Marriage Void and in MARYAM FARAHMAND enters a general denial of the claims made in Roger Arash Farahmand's Original Petition to Declare Marriage Void and in the Alternative First Amended Petition for Divorce and all amendments thereto. MARYAM FARAHMAND and ROGER FARAHMAND entered into a legitimate marriage on or about July 28,2012. MARYAM FARAHMAND was not previously married at the time she entered into the marriage A Page 5 of 13 relationship with ROGER FARAHMAND. Prior to her relationship with ROGER FARAHMAND, MARYAM FARAHMAND and Arnir Bagherkalantari had a dating relationship in 2009. Contrary to ROGER FARAHMAND's claim: Farahmand and Amir Bagherkalantari in December of 2009, Maryam Farahmand and Arnir Bagherkalantari did not get married to each other (formally or informally) within 31 days after the issuance of the license on December 12, 2009. Thus, the marriage license expired pursuant to Section 2.201 of the Texas Family Code (issued prior to September 1, 2013). Further, no license was filed with the Collin County Clerk at any time after December 12, 2009. Maryam Farahmand and Arnir Bagherkalantari. In fact, Maryam Farahmand and Amir Bagherkalantari did not cohabitate for more than two weeks, had a fight on the night of the engagement party, dated sporadically, and ended their dating relationship/engagement completely in August of2010. actually occurred on December 12, 2009, the person reflected on the Page 6 of 13 "marriage license" as the person performing the ceremony was identified as P.H.D. (sic) in economics. Pursuant to Section 2.02 of the Texas Family Code, such a person is not authorized to conduct a marriage ceremony in Texas. Any such marriage would be invalid and the person performing the ceremony could be charged with a misdemeanor offense. an informal marriage between Maryam Farahmand and Amir Bagherkalantari, it has been more than two years since Maryam Farahmand and Arnir Bagherkalantari ended their dating relationhip/engagement and no proceedings were initiated within that two-year time period to prove an "informal marriage". Therefore, it is a rebuttable presumption that Maryam Farahmand and Amir Bagherkalantari did not enter into an agreement to be married pursuant to Section 2.401 of the Texas Family Code. Additionally, neither Maryam Farahmand nor Amir Bagherkalantari are and/or have claimed an informal marriage between them. Therefore, Roger Farahmand would not be a proper party to make an informal marriage claim. intend to have a present, immediate, and permanent marital relationship prior to or at any time after December of 2009, nor did they agree to be husband Page 7 of 13 and wife. Small v. McMaster, 352 S.W.3d 280, 283 (Tex.App.-Houston [14th Dist.] 2011, pet. Denied). An agreement to be married at some time in the future is insufficient to show that a marriage was "present and immediate". See Aguilar v. State, 715 S.W.2d 645, 648(Tex.Crim.App.1986); Texas Employers' Ins. v. Borum, 834 S.W.2d 395, 399 n.3 (Tex.App.-San Antonio 1992, writ denied). live together as husband and wife prior to or at any time after December of represent to others in Texas that they were married prior to or at any time after December of2009. constitute a Muslim marriage ceremony because it lacked the requirements of a written contract, among many other requirements, and did not constitute a "Shia" marriage because the parties did not intend it, and it lacked the requirements for one. The Motion for Partial Summary Judgment and it's arguments are incorporated by reference in this Amended Answer. ffiffi'Fittge elaira fur the purpo~es ef a tastiGal adv.wtage, to confb~e the issues, Page 8 of 13 te Eleey Ma£j'ftffi FarahrnMIEl her eoRllllunity p~0J3erty intsrests, te deny- ~4:aeya-m: Fmahtnmiel her eemffiURity asQ £eparate property claims, te illsgitimate the ehilE! hom of the ma£ri~ge, te ha£ass, srnbal;fa~s, ou:l,Q AAno:r- Mttry = FarahmanEl, ana to increase the eosts efli-tigation. In addition, Roger Farahmand asserts this claim, not based in fact and law and it is sanctionable, or in the alternative, Respondent Maryam Farahmand is entitled to a declaratory judgment and attorney fees. Roger FarahmM!d has avoided prodttetien of any deeumgfl.ts -eet~GOJI±ling his business h'l:terests, larggly to ~reid @ tffi FarahmAAd, ears he O'Nf!S frgs ana clgar, houses h,g 0VI'flS, that vielatsEI- standing erdsrs efthe court to change cofltrolefthcse bank accounts handling ever one million de liars in revenues. J.u addition to bjs sanctiQI.lable Gef!dttcl, Ruger FmahmM!d has listed as an exj'lert, the father efef!e of his major bnsin01ss partners, who has an indirect ...fiaeulcial interest in the gl:l-1:eeme of assertiafl af Reger's claim that ~'laryam Fttrafunand was nranied befere. Ws has pre:vifieel an e'cpe:rt vtitfi a HHge 'CGt:tflict gf iatet=eEt, aa8: incl:ifeet peettllifrfjr fBVlat=d 5 tg f>SrpetHate tfiis }ega} -claint with no basis in fact and law, and his expert should be :sti 1:1ek fgr h6lving ··fffi: indireet ftftB:Heial i~act Sy supporting this baseless ch1im etaS Rxager Page 9 of 13 FaramaHe's pleadings should be sh nek, beeause tRBy h:we He expert ·vvitlront ..a hidden agenda. It was necessary for MARYAM FARAHMAND to secure the services of RobertS. Widner of the Widner Family Law Group, a licensed attorney, to prepare and defend this suit. To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the child, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Counter-Respondent an din favor of Counter-Petitioner for the use and benefit of Counter-Petitioner's attorney and be ordered paid directly to the Counter- Petitioner's attorney, who may enforce the judgment in the attorney's own name. Counter-Petitioner requests post-judgment interest as allowed by law. suit, that the Court deny Petitioner's request to declare the parties' marriage void, that the Court affirm MARYAM FARAHMAND's defenses, and that MARYAM FARAHMAND be granted all relief requested in this Answer. MARYAM FARAHMAND prays for attorney's fees, expenses, costs, Page 10 of 13 MARYAM FARAHMAND prays for general relief. Widner Family Law Group 2911 Turtle Creek Blvd., Suite 405 Dallas, Texas 75219 /s/ Robert S. Widner By: __________________________ Robert S. Widner Attorney for Counter-Petitioner State Bar No. 00792092 Email: robertwidner@gmail.com DAWN M. GRAMS, P.C. By: __Is/ Dawn M. Grams Horak Dawn M. Grams Horak Texas State Bar No. 24036667 P.O. Box 924 Grapevine, Texas, 76099 Telephone No.: 469-644-7442 Facsimile No.: 214-572-6893 Electronic Address: dgrams@msn.com of counsel to Widner Family Law Group, PLLC ATTORNEYS FOR RESPONDENT AND COUNTER-PETITIONER MARYAM FARAHMAND Page 11 of 13 This is to certify that a true and correct copy of the above and foregoing has been forwarded to the following parties via the manner reflected below, in accordance with the TEXAS RULES OF CIVIL PROCEDURE. Mr. Ike Vanden Eykel Ms. Rebecca Tillery Koons Fuller, P.C. 1717 McKinney Avenue, Suite 1500 Dallas, Texas, 75202 Facsimile 214-871-0196 Certified Mail/Return Receipt Requested US. First Class Mail Via Email: ike@koons(uller. com tillerv@koons(uller. com Reagan@koons(uller. com Mr. Bradford Nace Nace & Motley, LLC 100 Crescent Court, 7th Floor Dallas, Texas, 75201 Facsimile 214-242-4333 Certified Mail/Return Receipt Requested US. First Class Mail Ms. Diana L. Porter Diana L. Porter, P.C. 103 E. Virginia Street, Suite 201 McKinney, Texas 75069 Facsimile 972-548-2349 Certified Mail/Return Receipt Requested US. First Class Mail dporter@collincountvdivorce. com Pursuant to Request of Attorney Page 12 of 13 Certified to as of this 27th day ofJune, 2014. Is/ RobertS. Widner ROBERT S. WIDNER Page 13 of 13XVI. REQUEST FO.~ TEMPORARY INJUNCTIONS
I. Discovery Level
2. Parties
3. Domicile
5. Protective Order Statement
6. Dates ofMarriage and Separation
7. Grounds for Divorce
9. Division of Community Property
10. Separate Property
11. Reimbursement
12. Request/or Temporary Orders and Injunction
3. Hiding or secreting the child from Counter-Petitioner.
13. Request for Temporary Orders Concerning Use of Proper(v
17. Attorney's Fees, Expenses, Costs, and Interest
19. Prayer
I certify that a true copy of the above was served on each attorney of record
1. Discovery Level
2. Objection to Assignment of Case to Associate Judge
3. Parties
4. Jurisdiction
6. Protective Order Statement
7. Grounds
9. Confirmation of Name
10. Property
12. Domicile
13. Protective Order Statement
14. Dates of Marriage and Separation
15. Grounds for Divorce
17. Separate Property
19. Attorney's Fees, Expenses, Costs, and Interest
20. Prayer
I will be sending you a proposed scheduling order for your consideration.
1. General Denial
2. Defenses
A. No Prior Marriage
1. Although a marriage license was issued to Maryam
2. A formal wedding ceremony did not occur between
3. Assuming, arguendo, that a marriage ceremony had
B. No Prior Informal/Common Law Marriage
1. Additionally, should Roger Farahmand attempt to claim
2. Maryam Farahmand and Amir Bagherkalantari did not
3. Maryam Farahmand and Amir Bagherkalantari did not
4. Maryam Farahmand and Amir Bagherkalantari did not
C. Roger Farahmand is presumably attempting to raise a prior
3. Attorney’s Fees, Expenses, Costs, and Interest
4. Prayer
I certify that a true and correct copy of the above was served on each
4. SERVICE
6. DATES OF MARRIAGE AND SEPARATION
8. CHILD OF THE MARRIAGE
9. MINOR CHILD'S PROPERTY
10. HEALTH INSURANCE INFORMATION
A. AGREEMENT
B. PRIMARY RESIDENCE; SUPPORT
C. JOINT MANAGING CONSERVATORS & SUPPORT
E. SECURITY FOR POSSESSION AND ACCESS
G. LIFE SUPPORT
H. RESPONDENT COMMITTED FAMILY VIOLENCE
12. DIVISION OF COMMUNITY PROPERTY
13. REIMBURSEMENT
A. COUNTER-RESPONDENT'S SEPARATE ESTATE TO REIMBURSE
1. Counter-Petitioner requests the Court to reimburse the
2. Counter-Petitioner requests the Court to reimburse the
3. Counter-Petitioner requests the Court to reimburse the
4. The community estate has expended funds or assets to make
5. The community estate is or was obligated on a debt incurred
6. Counter-Respondent 1s or was obligated on a debt incurred
1. Counter-Petitioner requests the Court to reimburse Counter-
2. Counter-Petitioner requests the Court to reimburse Counter-
C. COUNTER-RESPONDENT'S SEPARATE ESTATE TO REIMBURSE
1. Counter-Petitioner requests the Court to reimburse Counter-
2. Counter-Petitioner requests the Court to reimburse Counter-
4. Counter-Respondent 1s or was obligated on a debt incurred
14. SEPARATE PROPERTY
15. REQUEST FOR TEMPORARY RESTRAINING ORDERS, TEMPORARY
A. ADDITIONAL INJUNCTIONS
B. AUTHORIZATIONS
C. REQUEST FOR TEMPORARY ORDERS CONCERNING USE OF
D. REQUEST FOR TEMPORARY ORDERS
E. TEMPORARY INTERIM ATTORNEY'S FEES AND SUPPORT
17. ADDITIONAL CAUSES OF ACTION/THEORIES OF RECOVERY
A. CAUSE OF ACTION FOR INTENTIONAL, KNOWING, OR RECKLESS BODILY INJURY
B. CAUSE OF ACTION FOR THREAT OF IMMINENT BODILY INJURY
C. CAUSE OF ACTION FOR OFFENSIVE OR PROVOCATIVE PHYSICAL
D. CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF EMOTIONAL
E. ACTUAL DAMAGES FOR RESULTING PERSONAL INJURIES
G. ECONOMIC DURESS.
H. FORGERY
K. ACTUAL FRAUD ON THE PERSON AND PROPERTY
L. BREACH OF FIDUCIARY DUTY UNDER THE TRUST FUND DOCTRINE
M. BREACH OF FIDUCIARY RELATIONSHIP - BUSINESS AND PERSONAL
N. BUSINESS FRAUD & CONSTRUCTIVE TRUST
0. PRAYER
18. ATTORNEY'S FEES, EXPENSES, COSTS, AND INTEREST
19. MAINTENANCE
21. NOTIFICATION OF CHANGE OF ADDRESS OR EMPLOYMENT
22. SANCTIONS AND ATTORNEY'S FEES ARE APPROPRIATE
A. GROUNDLESS PLEADING UNDER TEXAS RULES OF CIVIL
B. FRIVOLOUS PLEADING UNDER TEXAS CIVIL PRACTICE AND
D. SANCTIONS
E. COSTS & ATTORNEY FEES
23. COLLIN COUNTY STANDING ORDER
1. Combined TRO and Temporary Injunction - immediately grant a
I Horak ....;..+.-.-""-'-=-----~.._,.._~~~~~~~~~~
P. HD.. i11 •cOittoau • 1. Title of~ perfmming ceremony
I. MARCH 10, 2014 HEARING
II. PETITIONER'S CERTIFICATE OF MARRIAGE FILING
III. REQUEST TO WITHDRAW CERTIFICATE
6. Respondent fervently objects to the filing and the document
V. PRAYER
I. TABLE OF CONTENTS
I. Table of Contents .. . ... ... ... 1
II. Introduction: Parties, Pleadings, and Trial ............ 5 Setting
V. Arguments & Authorities ............ 9
VI. Prayer ............ 63
II. INTRODUCTION: PARTIES, PLEADINGS, AND TRIAL SETTING
1. The parties are as follows:
4. This matter is not presently set for trial.
IV. SUMMARY JUDGMENT EVIDENCE
13. Page 2, Section I, Paragraph 7, entitled "Grounds" states,
J. Challenged Element No. 10 No valid formal or ceremonial marriage
I. Challenged Element No. 12 No valid informal or common law
VI. PRAYER
1. "My name is MARYAM PARVIZ-KHYAVI FARAHMAND.
3. I never married AMIR BAGHERKALANTARI.
I 4. I lived with AMIR BAGHERKALANTARI for brief periods.
I certify under PENALTY OF PERJURY under the laws of the State of Texas that the
I like to read a poem.
9. Confirmation ofName
I. SUl\'EMAIW OF MOTION
II. FAILURE TO ANSWER QUESTIONS IN HIS
I certifY that a reasonable effort has been made to resolve the discovery
I certifY that a true copy of the above was served on each attorney of record
I EXHIBIT
1. Although a marnage license was issued to Maryam
3. Assuming, arguendo, that a marrtage ceremony had
I. Additionally, should Roger Farahmand attempt to claim
5. The ceremony that Maryam participated in did not
C. Reger FarahmaBd is pre~nmably a.ttemptiag to raige a prim
3. Attorney's Fees, Expenses, Costs, and Interest
Related
Cite This Page — Counsel Stack
in Re: Roger Arash Farahmand, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-roger-arash-farahmand-texapp-2015.