ACCEPTED
01-15-00212-CV
FIRST COURT OF APPEALS
Appellate Docket Number: 01-15-00212-CV HOUSTON, TEXAS 3/20/2015 3:54:36 PM CHRISTOPHER PRINE
Appellate Case Style: John T. Preston, Brilliant Novelty, LLC and C Change Investsments, LLC CLERK
Vs.
Janet Northrup Chapter 7 Trustee for the estate of NC12, Inc.
Companion Case No.:
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
3/20/2015 3:54:36 PM
Amended/corrected statement: DOCKETING STATEMENT (Civil) CHRISTOPHER A. PRINE Clerk
Appellate Court:1st Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney First Name: Jane
First Name: Christoph Middle Name: Langdell Middle Name: Last Name: Robinson Last Name: Henkel Suffix: Suffix: Law Firm Name: Ahmad Zavitsanos Anaipakos Alavi & Mensing
Pro Se: Address 1: 1221 McKinney, Ste. 3460 Address 2: City: Houston State: Texas Zip+4: 77010 Telephone: 713-655-1101 ext. Fax: 713-655-0062 Email: jrobinson@azalaw.com SBN: 24062970
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney First Name: Sean
First Name: John Middle Name: Middle Name: T. Last Name: Gorman Last Name: Preston Suffix: Suffix: Law Firm Name: Ahmad Zavitsanos Anaipakos Alavi & Mensing
Pro Se: Address 1: 1221 McKinney, Ste. 3460 Address 2:
City: Houston State: Texas Zip+4: 77010 Telephone: 713-655-1101 ext. Fax: 713-655-0062 Email: sgorman@azalaw.com SBN: 08218100
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney Organization Name: Brilliant Novelty, LLC First Name: Jamie First Name: Middle Name: A. Middle Name: Last Name: Aycock Last Name: Suffix: Suffix: Law Firm Name: Ahmad Zavitsanos Anaipakos Alavi & Mensing
Pro Se: Address 1: 1221 McKinney, Ste. 3460 Address 2: City: Houston State: Texas Zip+4: 77010 Telephone: 713-655-1101 ext. Fax: 713-655-0062 Email: jamieaycock@azalaw.com SBN: 24050241
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney Organization Name: C Change Investments, LLC First Name: First Name: Middle Name: Middle Name: Last Name: Last Name: Suffix: Suffix: Law Firm Name:
Pro Se: Address 1:
Address 2: City: State: Texas Zip+4: Telephone: ext. Fax: Email: SBN:
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney Organization Name: First Name: Timothy
First Name: Janet Middle Name: M. Middle Name: Last Name: McCloskey Last Name: Northrup Suffix: Suffix: Law Firm Name: Carrigan, McCloskey & Roberson, LLP Pro Se: Address 1: 945 Heights Blvd.
Address 2: City: Houston State: Texas Zip+4: 77008 Telephone: (713) 868-5581 ext. Fax: (713) 868-1275 Email: tmccloskey@cmrllp.com SBN: 13417650
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney First Name: Blake
First Name: Middle Name: E. Middle Name: Last Name: Rizzo Last Name: Suffix: Suffix: Law Firm Name: Carrigan, McCloskey & Roberson, LLP Pro Se: Address 1: 945 Heights Blvd.
Address 2: City: Houston State: Texas Zip+4: 77008 Telephone: (713) 868-5581 ext. Fax: (713) 868-1275 Email: brizzo@cmrllp.com SBN: 24034073
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney First Name: Thomas First Name: Middle Name: A. Middle Name: Last Name: Woolley Last Name: Suffix:
Suffix: Law Firm Name: Carrigan, McCloskey & Roberson, LLP Pro Se: Address 1: 945 Heights Blvd.
Address 2: City: Houston State: Texas Zip+4: 77008 Telephone: (713) 868-5581 ext. Fax: (713) 868-1275 Email: rwoolley@cmrllp.com SBN: 24042193
V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Corporation & Partnership
Date order or judgment signed: February 9, 2015 Type of judgment: Interlocutory Order Date notice of appeal filed in trial court: March 2, 2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Appealable pursuant to CPRC 51.104(a)(7): denial of special appearance Accelerated appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated: Appeal of an interlocutory order pursuant to CPRC 51.014.
Parental Termination or Child Protection? (See TRAP 28.4): Yes ■ No
Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: Yes No If yes, please specify statutory or other basis for such status: Appeal of interlocutory order. TRAP 40.1(b) Does this case involve an amount under $100,000? Yes No Judgment or order disposes of all parties and issues: Yes No Appeal from final judgment: Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact Yes No If yes, date filed: March 2, 2015 and Conclusions of Law:
Yes No If yes, date filed:
Motion to Reinstate:
Yes No If yes, date filed:
Motion under TRCP 306a: Other: Yes No If other, please specify:
VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)
Affidavit filed in trial court: Yes No If yes, date filed:
Contest filed in trial court: Yes No If yes, date filed:
Date ruling on contest due:
Ruling on contest: Sustained Overruled Date of ruling:
VIII. Bankruptcy
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition.
Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court And Record
Court: 11th Judicial District Clerk's Record: County: Harris Trial Court Clerk: District County Trial Court Docket Number (Cause No.): Was clerk's record requested? Yes No If yes, date requested: March 2, 2015 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Mike Were payment arrangements made with clerk? Middle Name: D. Yes No Indigent Last Name: Miller (Note: No request required under TRAP 34.5(a),(b))
Suffix: Address 1: Harris County Civil Courthouse Address 2 : 201 Caroline, 9th Floor City: Houston State: Texas Zip + 4: 77002 Telephone: (713) 368-6020 ext. Fax: Email: Jackie_Struss@justex.net
Reporter's or Recorder's Record:
Is there a reporter's record? Yes No Was reporter's record requested? Yes No
Was there a reporter's record electronically recorded? Yes No If yes, date requested:
If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? Yes No Indigent
Court Reporter Court Recorder Official Substitute
First Name: Middle Name: Last Name: Suffix: Address 1: Address 2: City: State: Texas Zip + 4: Telephone: ext. Fax: Email:
X. Supersedeas Bond Supersedeas bond filed: Yes No If yes, date filed:
Will file: Yes No
XI. Extraordinary Relief
Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? Yes No If yes, briefly state the basis for your request:
XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, 11th, 12th, 13th, or 14th Court of Appeal) Should this appeal be referred to mediation?
Yes No
If no, please specify:Parties have already mediated and are actively involved in settlement discussions. Has the case been through an ADR procedure? Yes No If yes, who was the mediator? Hon. David Jones What type of ADR procedure? mediation At what stage did the case go through ADR? Pre-Trial Post-Trial Other
If other, please specify:
Type of case? Corporation & Partnership Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): Appeal of denial of special appearance. Appellants are seeking dismissal from the case. Standard is de novo review.
How was the case disposed of? Other Summary of relief granted, including amount of money judgment, and if any, damages awarded. Denial of special appearance If money judgment, what was the amount? Actual damages: Punitive (or similar) damages:
Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specify:
Will you challenge this Court's jurisdiction? Yes No Does judgment have language that one or more parties "take nothing"? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis for finality? Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 4 5 Please make my answer to the preceding questions known to other parties in this case. Yes No Can the parties agree on an appellate mediator? Yes No If yes, please give name, address, telephone, fax and email address: Name Address Telephone Fax Email
Languages other than English in which the mediator should be proficient: Name of person filing out mediation section of docketing statement: Jane Langdell Robinson
XIII. Related Matters List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.
Docket Number: 01-14-00703-cv Trial Court: 215th District Court
Style: Emjo Investments, Ltd. and H.J. von der Goltz
Vs. Michael Sydow, John Preston, Christoph Henkel, C Change Investments, LLC, Brilliant Novelty, LLC, Chalsys Capital Partners, LLP, Sonio Lo and Meliora Energy Technologies
XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts of Appeals) The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court.
The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? Yes No
Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? Yes No
Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program.
If you have not previously filed an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes No
These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml.
Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes No If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit under oath as to your financial circumstances.
Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).
XV. Signature
Signature of counsel (or pro se party) Date: March 20, 2015
Printed Name: Jane Langdell Robinson State Bar No.: 24062970
Electronic Signature: /s/ Jane Langdell Robinson (Optional)
XVI. Certificate of Service
The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on March 20, 2015 .
Signature of counsel (or pro se party) Electronic Signature: /s/ Jane Langdell Robinson (Optional)
State Bar No.: 24062970 Person Served Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state:
(1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney
Please enter the following for each person served:
Date Served: March 20, 2015 Manner Served: eServed
First Name: Timothy
Middle Name: M. Last Name: McCloskey Suffix: Law Firm Name: Carrigan, McCloskey & Roberson, L.L.P. Address 1: 945 Heights Blvd. Address 2: City: Houston, Texas 77008 State Texas Zip+4: Telephone: 713-868-5581 ext. Fax: 713-868-1275
Email: tmccloskey@cmrllp.com
If Attorney, Representing Party's Name: Janet Northrup Please enter the following for each person served:
Date Served: March 20, 2015 Manner Served: Fax
First Name: Jeffrey
Middle Name: B. Last Name: Kaiser Suffix: Law Firm Name: Kaiser, P.C. Address 1: Enterprise Bank Building Address 2: 2211 Norfolk, Suite 528
City: Houston State Texas Zip+4: 77098 Telephone: 713-571-8000 ext. Fax: 713-571-8002
Email: jkaiser@kaiser-law.com
If Attorney, Representing Party's Name: H.J. von der Goltz Please enter the following for each person served:
Date Served: March 20, 2015 Manner Served: Fax
First Name: Kelley
Middle Name: M. Last Name: Keller Suffix: Law Firm Name: Ellison Keller, P.C. Address 1: 5120 Woodway Dr., Suite 6019 Address 2: City: Houston State Texas Zip+4: Telephone: 713-266-8299 ext. Fax: 713-266-8201
Email: kkeller@ellison-keller.com
If Attorney, Representing Party's Name: Michael Collins Please enter the following for each person served:
Date Served: March 20, 2015 Manner Served: Fax
First Name: Andrew
Middle Name: K. Last Name: Meade Suffix: Law Firm Name: Hawash Meade Gaston Neese & Cicack Address 1: 2118 Smith St. Address 2: City: Houston State Texas Zip+4: 77002 Telephone: 713-658-9001 ext. Fax: 713-658-9011
Email: ameade@hmgnc.com
If Attorney, Representing Party's Name: Sameer Ahmed Please enter the following for each person served:
Date Served: March 20, 2015 Manner Served: Fax
First Name: Michael
Middle Name: C. Last Name: Watson Suffix: Law Firm Name: Michael C. Watson Address 1: 4309 Yoakum, Suite 3000 Address 2: City: Houston State Texas Zip+4: 77006 Telephone: 713-254-4315 ext. Fax: 713-400-1864
Email: mwatson@michaelcwatson.com
If Attorney, Representing Party's Name: C Change Investments, LLC and Brilliant Nov Please enter the following for each person served:
Date Served: March 20, 2015 Manner Served: Fax
First Name: James
Middle Name: Last Name: Ardoin Suffix: Law Firm Name: Ardoin Law, PLLC Address 1: 2118 Smith St. Address 2: City: Houston State Texas Zip+4: 77002 Telephone: 713-574-8900 ext. Fax: 713-574-1404
Email: jimmy@ardoinlawpllc.com
If Attorney, Representing Party's Name: Aydin Muderrisoglu Please enter the following for each person served:
Date Served: March 20, 2015 Manner Served: Fax
First Name: Billy
Middle Name: Last Name: Shepherd Suffix: Law Firm Name: Shepherd, Scott, Clawater & Houston, LLP Address 1: 2777 Allen Parkway, 7th Floor Address 2: City: Houston State Texas Zip+4: 77019-213 Telephone: 713-650-6600 ext. Fax: 713-650-1720
Email: bshepherd@sschlaw.com
If Attorney, Representing Party's Name: Michael Sydow Please enter the following for each person served:
Date Served: March 20, 2015 Manner Served: Fax
First Name: Thomas
Middle Name: Last Name: Pirtle Suffix: Law Firm Name: Laminack, Pirtle & Martines Address 1: 5020 Montrose Blvd., 9th Floor Address 2: City: Houston State Texas Zip+4: 77006 Telephone: 713-292-2750 ext. Fax: 713-292-2755
Email: tomp@lpm-triallaw.com
If Attorney, Representing Party's Name: Michael Sydow