Leticia B. Loya v. Vitol, Inc., Michael Metz, and Antonio Maarraoui

Court of Appeals of Texas·Decided April 8, 2015·No. 01-15-00197-CV·Published

Opinion

ACCEPTED 01-15-00197-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/8/2015 3:35:24 PM CHRISTOPHER PRINE CLERK

No.Ol-15-00197-CV

FILED IN IN THE COURT OF ApPEALS 1st COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS 4/8/2015 3:35:24 PM AT HOUSTON CHRISTOPHER A. PRINE Clerk

LETICIA LOYA, Appellant,

v. IAN TAYLOR,JACOBUSSTERKEN,STICHTINGTINSEL GROUP, VITOL HOLDINGII S.A., ANDTINSELGROUP, S.A., Appellees.

Appeal from the 190th Judicial District Court, Harris County, Texas Trial Court Cause No. 2012-33464

MOTION DEMONSTRATING PROOF OF PAYMENT TO COURT REPORTER AND REQUESTING RELIEF PURSUANT TO RULE 37

TO THE HONORABLE FIRST COURT OF APPEALS: iI; LETICIA Loy A, Appellant, demonstrates her proof of payment to the ., f fr, Il Ii u court reporter in the above-referenced cause number, and respectfully states: ~ !i ~ 1. Counsel for Appellant has been informed that the court reporter's record

has not been filed in the above-referenced cause of action. Counsel

wishes to advise the Court that counsel has filed a notice of appeal;

requested that the reporter's record be prepared; and paid for the 1 preparation of the reporter's record, and in fact that check has already

been cashed on March 30, 2015. See Exhibit A (Notice of Appeal);

Exhibit B (March 12, 2015 Request for Record); and Exhibit C

(Endorsed Check in the Amount of$160.00 paid 3/30/15). Additionally,

counsel's staff has made multiple attempts at follow-up contact without

success. See Exhibit D (Follow-up Communications on 3/27/15, 4/1/15,

and 4/8/15).

2. Counsel for Appellant has met her obligations under Rule 35.3(b). Tex.

R. App. P. 35.3(b). See also Aguero v. Aguero, 225 S.W.3d 236, 237

(Tex. App.-EI Paso 2006, no pet.). Counsel understands this Court's

staff has also diligently sought filing of the record and made thorough

attempts at communication without success. While Counsel is confident

that the failure to file the report may be likely inadvertent or the result of

extenuating circumstances, Counsel is forced to respectfully request that

the Court make whatever order is appropriate to avoid further delay and

to preserve the parties' rights pursuant to Rule 37.3(a)(1). TEX. R. APP.

P.37.3(a)(1).

For these reasons, LETICIA LOYA, Appellant, requests that this Court

note Appellant's payment and fulfillment of her duties under Rule 35, and

make whatever order the Court deems appropriate to avoid further delay and

2 to preserve the parties' rights pursuant to Rule 37.3(a)(1). Appellant also

requests any other relief to which she may be entitled.

Respectfully submitted,

PROVOST *UMPHREY LAW FIRM, L.L.P. 490 Park Street P. O. Box 4905 Beaumont, Texas 77704 (409) 835-6000 (409) 813-8682 (FAX)

By: / s / Jenniter Job Jennifer Job Texas State Bar No. 24050682 James Payne Texas State Bar No. 00788171 ATTORNEYS FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that a copy of this motion demonstrating proof of payment to court reporter has been sent to all known counsel of record as well as Ms. Patricia Palmer, via e-mail and via certified mail #7004 1350 00004623 5934 on April 8, 2015.

/ s / Jennifer Job Jennifer Job

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I EXHIBIT A l ! l !, l J r i I II

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r \ ! ! i ! r I i ; I i CAUSE NO. 2012-33464-A

LETICIAB. LOYA § IN THE DISTRICT COURT OF § Plaintiff, § § vs. § HAJUUSCOUNTY,TEXAS § HARRY L. TINDALL, § INDIVIDUALLY, § AND TINDALL & ENGLAND § § Defendants. § 190th JUDICIAL DISTRICT

NOTICE OF APPEAL

NOTICE IS HEREBY GIVEN that Leticia B. Loya, Plaintiff in the above-

named case, hereby appeals to the First or the Fourteenth Houston Court of ~ ! Appeals from the district court's order granting the Amended Motions to Dismiss I Based on Mandatory Forum Selection Clauses of Vitol, Inc., Michael Metz, and I! I I

Antonio Maarraoui signed December 9, 2014; as well as the district court's order I I" granting Miguel Loya's Motion to Dismissed Based on a Mandatory Forum I! I I Selection Clause signed January 15, 2015,1 \ !

I ,I l I 1 The District Court signed the Order of Severance rendering these final and appealable orders on January 26, 2015 and an Amended Severance Order clarifying the docket number. 1 Respectfully submitted,

PROVOST * UMPHREY LAW FIRM, L.L.P. 490 Park Street P.O. Box 4905 Beaumont, Texas 77704 (409) 835-6000 (409) 813-8605 (FAX)

By: lsi Jennifer Job Jennifer Job State Bar No. 24050682 James E. Payne State Bar No. 00788171

ATTORNEY FOR PLAINTIFF

I HEREBY CERTIFY that a true and correct copy of the foregoing ~ ~ instrument has been furnished to all known counsel of record via EFILE andlor i

certified mail, return receipt requested on this 25th day of February, 2015. II 1

Is! Jennifer Job Jennifer Job I ! !. i! !

2 EXHIBITB

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1 I t Genia Marks From: Genia Marks Sent: Thursday, March 12, 2015 11:20 AM To: 'Patricia A. Palmer' Subject: Reporter's Record Cause No. 2012-33464-A

Ms. Palmer,

We received notice from the Court of Appeals (CauseNo. 01-lS-00197-CV) stating that the reporter's record is due to be filed on or before March is". Pleaseadvise our office of the charge and to whom the check needs to be issued. Thank you for your prompt attention to this matter and I askthat you do not hesitate to contact me with any questions or concerns.

Genia Marks Legal Assistant to James E. Payne Provost Umphrey Law Firm, LLP 490 Park Street P.O. Box 4905 Beaumont, Texas 77704 409/835-6000 Fax: 409/813-8605

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I I,r l i i i Genia Marks From: Genia Marks Sent: Wednesday, April 08, 2015 11 :22 AM To: Genia Marks; 'Patricia A. Palmer' Subject: RE: Reporter's Record Cause No. 2012-33464-A

Importance: High

Patricia,

I received a call from the 1st eOA regarding the reporter's record that needs to be filed in Cause No. 01-15-00197-CV. Please advise when you expect to have same filed.

Thanks,

Genia Marks Legal Assistant to James E. Payne Provost Umphrey Law Firm, LLP 490 Park Street P.O. Box 4905 Beaumont, Texas 77704 409/835-6000 Fax: 409/813-8605

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