Michael A. Alex v. Brownsville Independent School District

• Court: Court of Appeals of Texas
• Decided: January 27, 2015
• Docket: 13-14-00643-CV
• Status: Published

Opinion

Appellate Docket Number: jl3-14-00643-CV i Appellate Case Style: Michael A. Alex .

Vs ' . - . . . . - . . --- - - Brownsville Independent School District pit PH Companion Case No.: 2010-DCL-8142 EDINBURG

JAN 2 6 2015 ~ \ \

DORIAN E. BAW/tfeZ, CLERK Amended/corrected statement: DOCKET ING STATEMENT (Civil) BY ty] V \ Appellate Court: j 3th Coutt of Appeals ( (to be filed in the court o f appeals upon perfection of appeal under TRAP 32)

I. Appellant II. Appellant Attorney(s)

^ Person Q Organization (choose one) [*~1 Lead Attorney First Name:

First Name: Michael Middle Name: [ Middle Name: JA. j Last Name: } "j Last Name: JAlex J Suffix: | J Suffix: | Law Firm Name:[""" j ProSe: ® Address 1:

Address I: ;4 Sybil Drive Address 2:

Address 2: '[ •| City: [_ City: ... Brownsville State: jTexas ] Zip+4: " • I State: [Texas jZip+4 [78520 • Telephone: j ext. Telephone: 956-350-4331 ext. Fax: —•—-""*-—••'• ••""—-— •••

Fax: Email:

Email: kikbutinc@yahoo.com SBN:

III. Appellee IV. Appellee Attorney(s) r~l Person ^Organization (chooseone) [>xl Lead Attorney Organization Name: Brownsville Independent School District ) First Name: Stacy

First Name: Middle Name: fluer

Middle Name: Last Name: Castillo

Last Name: Suffix:

Suffix: 31 Law Firm Name: jWalsh, Anderson, Gallegos, Green &Trevino, ProSe: O Address 1: {100 NE Loop 410

Address 2: Suite 900

City: San Antonio

RECEIVED State: Telephone: [Texas 210-979-6633 1 Zip+4: (78216 }ext JAN 2 6 2015 Fax: 210-979-7024

13TH COURT OFAPPEALS Email: scastillo@wabsa.com SBN: 00796322 i i

Pagel of 7 f&MSffl Wffp^gM O^jfesSna(Sir^GjpSErDi^-?!1 uuTisaictionl $E* Nature of Case (Subject matter or type of case): ^fferlEinplr^fBaTt*: *' >s "

Date order orjudgment signed: ^^oberj20^S;i^^|^^d Type ofjudgment: Jury Triai:/ •mM

Date notice ofappeal filed in trial court: ^S^^^WW^^^^llii^^^^^^rfTif^^^ If mailed tothe trial court clerk, also give the date mailed: ^pjl|j^^^^^^^^^ Interlocutory appeal of appealable order: • Yes ^ No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): '77TSP^"m»4^S mtmm&r^^, i

Accelerated appeal (See TRAP 28): • Yes ^ No

HHi Z^^l&L^SL. ^

Parental Termination or Child Protection? (See TRAP 28.4): • Yes g]No

Permissive? (See TRAP 28.3): • Yes Kl No If yes, please specify statutory or other basis for such status; flStf Agreed? (See TRAP 28.2): D Yes ^ No If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, orpriority under statute orrule: O Yes £><] No If yes, please specify statutory or other basis for such status:

Doesthis case involve an amount under$100,000? • Yes £<]No Judgment or order disposes of allparties andissues: £R] Yes (~|No Appeal fromfinaljudgment: ^ Yes • No Does theappeal involve theconstitutionality or the validity of a statute, rule, or ordinance? • Yes E^No m.-, • mm

§M$pMM4&k vj *jV %-*v2*\ $$$&j||||* Motion for New Trial: |g|Yes • No Tfyes, date filed

Motion to Modify Judgment: •Yes g|No If yes, date filed Request for Findings of Fact • Yes H|No Tfyes, date filed and Conclusions of Law: •Yes El No If yes, date filed Motion to Reinstate: • Yes JE No Tfyes, date filed Motion under TRCP 306a:

Other: • Yes No

If other, please specify: r^V*.^j'j:'-^-.:-J^^.mlui:-.Ji>.iif'i Sl'-ii;

1fo®g^<^tM&(j&^ ififetani nedfatpyjofjaffida^ ^^^B^fe^^^P Affidavit filed in trial court: • Yes • No If yes, date filed: mi mm mmmm

Contest filed in trial court: •Yes QNo Ifyes, date filed: ^ • ^ , ] Date ruling on contest due:

Ruling on contest: • Sustained • Overruled Date of ruling:

Page 2 of 7 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:

mm H

Court: ji|Hfi^Di^i^^^^^^i^ mm Clerk's Record:

County: M^^f^'lll' „, '..-•#j|&| Trial Court Clerk: gj District • County Trial Court Docket Number (Cause No.)- 20T0M^^1P1 Was clerk's record requested? ^] Yes • No

Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Alex' Were payment arrangements made with clerk? Middle Name: Wy- y;r» ' JSJH| •Yes gjNo • Indigent Last Name: Gabert^ XfPS^l^' (Note: No request required under TRAP 34.5(a),(b)) Suffix: .'^p^''!' Address 1: R:0$Bbx|726fW

Address 2 : ?•_•_>$;>m r;-rj flsSAfe?"*** 2Sg@ "11 j City: HgMjCirf *'-'\'^ ', •

State: £ ^ P M ^ ^ Zip +4: 4: |858| 78582

Telephone: ext.

Fax: r- . • ^ . , . •,.,•..*.-,.. r-.r---.ir'1 -..y-.-j:.---TJ

Email:

Reporter's or Recorder's Record:

Is there a reporter's record? £3 Yes • No Was reporter's record requested? D3 Yes • No Was therea reporter's recordelectronically recorded? ££] Yes • No Tfyes. date requested: 0ctobef$lgp2O,l

If no, date it will be requested: SMS L*L_-~ Were payment arrangements made with the court reporter/court recorder? rn Yes ^No • Indigent

Page 3 of 7 §3 Court Reporter • Court Recorder • Official I I Substitute

First Name: Michelle

Middle Name:

Last Name: Cardenas

Suffix: i

Address 1: 974 E. Harrison Street

Address 2: Judicial Building, Third Floor

City: Brownsville

State: (Texas Zip + 4: 78520 Telephone: 956-544-0877 ext.

Fax:

X. Supersedeas Bond

Supersedeas bondfiled: • Yes No If yes, date filed:

Will file: • Yes |g No

XI. Extraordinary Relief

Will yourequest extraordinary relief(e.g. temporary or ancillary relief) from thisCourt? • Yes ^ No Tfyes, briefly state the basis for your request: 1

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 QNo Ifno, please specify:} Hasthe case beenthrough an ADR procedure? [XjYes • No Tfyes, who was the mediator? Don Wittig 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? Employment Discrimination Givea briefdescription of the issueto be raised on appeal, the reliefsought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief):

Howwas the case disposed of? [Trial Summary of relief granted, including amount of moneyjudgment, and if any, damagesawarded. Judgement in favor of Brownsville TSD and awarded attorney fees Tfmoneyjudgment, what was the amount? Actual damages: $0.00 Punitive (or similar) damages: $0.00

Page 4 of 7 Attorney's fees(trial): MM3WMM^M Attorney's fees (appellate): ^^^.flZZ^^^S

Ifomer, please specify^ourtJawardedsBrownsviUepDiS'lSSiOOO^1 1anorn ses a.s :ll as eo

Will youchallenge thisCourt's jurisdiction? • Yes £><3 No Does judgment have language that one or more parties "take nothing"? Yes • No Does judgment havea Mother Hubbard clause? • Yes £<] No Other basis for finality? EinaIfiudgemen^^iuny^er^dict; Rate thecomplexity of thecase(use 1 forleastand 5 for most complex): • 1 • 2 3 Q4 Q5 Please make my answer to the preceding questions known to other parties in this case. • Yes G3 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: IHHI Name ofperson filing out mediation section ofdocketing statement: | |

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.

Trial Court: p|j,l]^S^ncgi^^^^am^^S mm$ 11 ^ m

Page 5 of 7 XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd; 5th, or 14th Courts of Appeals)

The Courts ofAppeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conductinga program to place a limited number of civil appeals with appellate counselwho will representthe appellant in the appeal before this Court.

The Pro Bono Committee is solely responsiblefor screeningand selectingthe civil cases for inclusionin the Programbased upon a number of discretionary criteria, including the financial means of the appellant or appellee. Ifa case is selected by the Committee, and can be matched with appellatecounsel,that counselwill take over representation of the appellantor appelleewithout charginglegal fees. More information regardingthis program can be found in the Pro Bono Program Pamphletavailable in paper form at the Clerk's Office or on the Internetat 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 submityour case for possible inclusionin the Pro Bono Program,the Pro Bono Committeewill select your caseand that pro bono counsel can be found to represent you. Accordingly, you shouldnot forego seeking othercounsel to represent you in this proceeding. By signingyour name below,you are authorizingthe Pro Bono committeeto transmit publiclyavailable facts and information aboutyour case, including parties and background, throughselected Internetsites and Listservto its pool ofvolunteer appellate attorneys. Do youwantthis case to be considered for inclusion in the Pro BonoProgram? • 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 Committeeand the informationused solely for the purposes of considering the case for inclusion in the Pro Bono Program.

Ifyou 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. Departmentof 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 todisclose your financial circumstances tothe 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 internetat http://www.tex-app.org. Your participation in the Pro Bono Programmay be conditioned uponyour execution of an affidavit under oath as to your financial circumstances.

Give a brief description ofthe issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to die 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: January .19,2015

Printed Name: Michael A. Alex State Bar No.:

Electronic Signature: Michael A. Alex (Optional) k'""~ ~

Page 6 of 7 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

Signature of counsel (or pro se party) Electronic Signature: ^^^^^^^^^^^^^^^^^^^H (Optional)

State Bar No.: 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) ifthe 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:

Manner Served: ^gu^Mail First Name: §tac| Middle Name: __

Last Name: @astmo Suffix:

Telephone: MBJTJ **• Fax: m$mM Email:

If Attorney, Representing Party's Name:

Page 7 of 7