ACCEPTED 05-18-00599-CV 05-18-00599-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/2/2018 3:32 PM LISA MATZ CLERK Appellate Docket Number: 05-1 8-00599-CV Appellate Case Style: Robin Weber Vs. HEB Grocery, LP Companion FILED IN Case(s): 5th COURT OF APPEALS DALLAS, TEXAS Amended/Corrected Statement 6/2/2018 3:32:33 PM DOCKETING STATEMENT (Civil) LISA MATZ Appellate Court: 5th Court of Appe als Clerk (to be fi led in the cour1 of appeals upon perfection of appeal under TRAP 32) NOTE: Because space for additiol1£ll parties I attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9. 4. please include party's /Ulme and the name. address, email address, telephone number. fax number, if any. and State Bar Number of the party's lead counsel. Ifthe party is not represented by an altorney, that party's name, address. telephone number, fax number should be provided FILED IN 5th COURT OF APPEALS I. Appellant II. Appellant Attorney(s) - DALLAS, Continued TEXAS Person Organization Lead Attorney 6/4/2018 Select 12:00:00 AM Name: Robin Weber LISA MATZ Name: Clerk ProSe BarNo. If Pro Se Party, enter the following information: Firm Name: Address: Address I : City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: ~------------------------------------------~ t-1_1_._A_.,p_.IIP_Ie_ll_ a_nt_A _ tt_ o_rn _e....t.~y~(:s...t.. ~)_ _ _ _ _ _ _ _ _-1 Ema il:
Lead Attorney Retained --------------------------------------------- Lead Attorney Select Name: Ramez F. Shamieh Name: Bar No. 24088863 Bar No. Firm Name: Shamieh Law, PLLC Firm Name: Address 1:1111 West Mockingbird Lane Address I : Address 2:1160 Address 2: City/State/Zip: Dallas Texas 75247 C ity/State/Zip: Tel. 214-389-7333 Ext. Fax: 214-389-7335 Tel. Ext. Fax: Emai1: ramez@shamiehlaw.com Emai l: Lead Attorney Select Select Lead Attorney Name: Name : Bar No. Bar No. Firm Name: Firm Name: Address I : Address I: Address 2: Address 2: City/State/Zip: C ity/State/Z ip: Tel. Ext. Fax: Fax: Tel. Ext. Email: Email :
Page I of 10 III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Reta ined Name: HEB Grocery Company Name: Lance Travis ProSe Bar No. 00797568 If Pro Se Party, enter the following information: Firm Name:Burford & Ryburn Address: Address I :500 North Akard, Suite 3100 City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Dallas Texas 75201 Email: Tel.2147403131 Ext. Fax: 2147402828 IV. Appellee Attorne_y(_s) Emai l:ltravis@brlaw.com
Lead Attorney Select Name: Lead Attorney Select Bar No. Name: Firm Name: Bar No. Address I: Firm Name: Address 2: Address I: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: Email:
Lead Attorney Select Name: Lead Attorney Select Bar No. Name: Firm Name: BarNo. Address 1: Firm Name: Address 2: Address 1: C ity/State/Zip: Address 2: Tel. Ext. Fax: Tel. Ext. Fax: Email : Fax: Email:
Page 2 of 10 V. Perfection of Appeal, Judgment and Sentencing Nature of Case (S ubject matter or type of case): Personal Injury Date Order or Judgment s igned: February 23, 2018 Type of Judgment: Dismissal Date Notice of Appeal filed in Trial Court: 05/21 /2018 If mailed to the Trial Court clerk, a lso give the 2 dt 2 · d: Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on w ich interlocutory order is appealable (See TRAP 28):
Accelerated Appeal (See TRAP 28): Yes ~ If yes, please specify statutory or other basi~~ch appeal is accelerated:
Parental Termination or Child Protection? G ( e ? P 28.4): Yes ~/ Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other as is for such status:
Agreed? (See TRAP 28.2): Yes 6!.. If yes, please specify statutory or other basi s fo r such status:
Appeal should receive precedence, preference, or priority under statute or rule? Yes 6/ If yes, please specify statutory or other basis for such status:
Does this case involve an amount unde r $ 100,000? Yes ~ Judgment or Order disposes of all parties and issues? {[;;2 No Appeal from final judgment? & No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance?
VI. Actions Extendin eal Yes
- Motion for New Trial: If yes, date filed: Motion to Modify Judgment: Yes If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed : Motion to Reinstate: Yes If yes, date filed: Motion under TRCP 306a: Yes If yes, date filed: Other: Yes If Other, please specify:
Page 3 of 10 of Statement and co Was Statement of Inabi lity to Pay Court Costs filed in the trial coUit? If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? If yes, date filed: Yes G? Was there any hearing on appellant's ability to afford court costs? Hearing Date: Yes ® Did trial court sign an order under Texas Rule of C ivil Procedure 145? Date of Order: Yes 6) If yes, trial court finding: Challenge Sustained Overruled
VIII. Bankruptcy Has any party t~urt'sjudgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, pleas attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court and Record Court: 429TH JUDICIAL DISTRICT Clerk's Record County: COLLIN COUNTY Trial Court Clerk: District Count~ Trial Court Docket No. (Cause No.): Was Clerk's record requested? Yes ~ 429-03141-2016 If yes, date requested: Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: JILL WILLIS Were pay~J ents made w ith clerk? Address I: 2100 BLOOMDALE ROAD Yed ~ Indigent Address 2: SUITE 10014 (Note: No request required under TRAP 34.5(a),(b).) City/State/Zip: MCKINNEY TEXAS 75071 Tel. 972-54 7-5720 Ext. Fax: 972-424-1460 Email:
Page 4 of 10 Reporter's or Recorder's Recor Is there a Repo rter's Record? Was Reporter's Record requested? lf yes, date requested: If no, date it will be requested: ~ Was the Reporter's Record electronically recorded? e Were payment arrangements made with the court reporter court recorder? Q o Yes e Indigent
Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Name: Address 1: Address l : Address 2: Address 2: C ity/State/Z ip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Emai l: Email:
X. Supersedeas Bond Supersedeas bond filed? Yes 0:) If yes, date filed: Ifno, will fi le? Yes Fa) XI. Extraordinary Relief Will you request extraordinary relief (e.g., tempo rary or ancillary relief) from this Court? Yes If yes, briefly state the basis for your request:
Page 5 of 10 XII. Alternative Dispute Resolution/Mediation (Complete section iffilin2 in the fS1, 2"d, 5 1h, ~th, 101h, J3 1h, or 141h Court of Appeals.) Should this appeal be referred to med iation? Yes ~ If no, please specify: £} Has this case been through an ADR procedure? Yes ~
If yes, who was the mediator? What type of A DR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify: Type of Case? Select Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard fo r review, if known (without prej udice to the right to raise additional issues or request additional relief):
K"' How was the case disposed of? ~.1 r"~ r/~ ~ 0/'A J Summary of relief granted, including amount of money juct[ ment, and if any, damages awarded.
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ACCEPTED 05-18-00599-CV 05-18-00599-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/2/2018 3:32 PM LISA MATZ CLERK Appellate Docket Number: 05-1 8-00599-CV Appellate Case Style: Robin Weber Vs. HEB Grocery, LP Companion FILED IN Case(s): 5th COURT OF APPEALS DALLAS, TEXAS Amended/Corrected Statement 6/2/2018 3:32:33 PM DOCKETING STATEMENT (Civil) LISA MATZ Appellate Court: 5th Court of Appe als Clerk (to be fi led in the cour1 of appeals upon perfection of appeal under TRAP 32) NOTE: Because space for additiol1£ll parties I attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9. 4. please include party's /Ulme and the name. address, email address, telephone number. fax number, if any. and State Bar Number of the party's lead counsel. Ifthe party is not represented by an altorney, that party's name, address. telephone number, fax number should be provided FILED IN 5th COURT OF APPEALS I. Appellant II. Appellant Attorney(s) - DALLAS, Continued TEXAS Person Organization Lead Attorney 6/4/2018 Select 12:00:00 AM Name: Robin Weber LISA MATZ Name: Clerk ProSe BarNo. If Pro Se Party, enter the following information: Firm Name: Address: Address I : City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: ~------------------------------------------~ t-1_1_._A_.,p_.IIP_Ie_ll_ a_nt_A _ tt_ o_rn _e....t.~y~(:s...t.. ~)_ _ _ _ _ _ _ _ _-1 Ema il:
Lead Attorney Retained --------------------------------------------- Lead Attorney Select Name: Ramez F. Shamieh Name: Bar No. 24088863 Bar No. Firm Name: Shamieh Law, PLLC Firm Name: Address 1:1111 West Mockingbird Lane Address I : Address 2:1160 Address 2: City/State/Zip: Dallas Texas 75247 C ity/State/Zip: Tel. 214-389-7333 Ext. Fax: 214-389-7335 Tel. Ext. Fax: Emai1: ramez@shamiehlaw.com Emai l: Lead Attorney Select Select Lead Attorney Name: Name : Bar No. Bar No. Firm Name: Firm Name: Address I : Address I: Address 2: Address 2: City/State/Zip: C ity/State/Z ip: Tel. Ext. Fax: Fax: Tel. Ext. Email: Email :
Page I of 10 III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Reta ined Name: HEB Grocery Company Name: Lance Travis ProSe Bar No. 00797568 If Pro Se Party, enter the following information: Firm Name:Burford & Ryburn Address: Address I :500 North Akard, Suite 3100 City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Dallas Texas 75201 Email: Tel.2147403131 Ext. Fax: 2147402828 IV. Appellee Attorne_y(_s) Emai l:ltravis@brlaw.com
Lead Attorney Select Name: Lead Attorney Select Bar No. Name: Firm Name: Bar No. Address I: Firm Name: Address 2: Address I: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: Email:
Lead Attorney Select Name: Lead Attorney Select Bar No. Name: Firm Name: BarNo. Address 1: Firm Name: Address 2: Address 1: C ity/State/Zip: Address 2: Tel. Ext. Fax: Tel. Ext. Fax: Email : Fax: Email:
Page 2 of 10 V. Perfection of Appeal, Judgment and Sentencing Nature of Case (S ubject matter or type of case): Personal Injury Date Order or Judgment s igned: February 23, 2018 Type of Judgment: Dismissal Date Notice of Appeal filed in Trial Court: 05/21 /2018 If mailed to the Trial Court clerk, a lso give the 2 dt 2 · d: Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on w ich interlocutory order is appealable (See TRAP 28):
Accelerated Appeal (See TRAP 28): Yes ~ If yes, please specify statutory or other basi~~ch appeal is accelerated:
Parental Termination or Child Protection? G ( e ? P 28.4): Yes ~/ Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other as is for such status:
Agreed? (See TRAP 28.2): Yes 6!.. If yes, please specify statutory or other basi s fo r such status:
Appeal should receive precedence, preference, or priority under statute or rule? Yes 6/ If yes, please specify statutory or other basis for such status:
Does this case involve an amount unde r $ 100,000? Yes ~ Judgment or Order disposes of all parties and issues? {[;;2 No Appeal from final judgment? & No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance?
VI. Actions Extendin eal Yes
- Motion for New Trial: If yes, date filed: Motion to Modify Judgment: Yes If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed : Motion to Reinstate: Yes If yes, date filed: Motion under TRCP 306a: Yes If yes, date filed: Other: Yes If Other, please specify:
Page 3 of 10 of Statement and co Was Statement of Inabi lity to Pay Court Costs filed in the trial coUit? If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? If yes, date filed: Yes G? Was there any hearing on appellant's ability to afford court costs? Hearing Date: Yes ® Did trial court sign an order under Texas Rule of C ivil Procedure 145? Date of Order: Yes 6) If yes, trial court finding: Challenge Sustained Overruled
VIII. Bankruptcy Has any party t~urt'sjudgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, pleas attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court and Record Court: 429TH JUDICIAL DISTRICT Clerk's Record County: COLLIN COUNTY Trial Court Clerk: District Count~ Trial Court Docket No. (Cause No.): Was Clerk's record requested? Yes ~ 429-03141-2016 If yes, date requested: Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: JILL WILLIS Were pay~J ents made w ith clerk? Address I: 2100 BLOOMDALE ROAD Yed ~ Indigent Address 2: SUITE 10014 (Note: No request required under TRAP 34.5(a),(b).) City/State/Zip: MCKINNEY TEXAS 75071 Tel. 972-54 7-5720 Ext. Fax: 972-424-1460 Email:
Page 4 of 10 Reporter's or Recorder's Recor Is there a Repo rter's Record? Was Reporter's Record requested? lf yes, date requested: If no, date it will be requested: ~ Was the Reporter's Record electronically recorded? e Were payment arrangements made with the court reporter court recorder? Q o Yes e Indigent
Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Name: Address 1: Address l : Address 2: Address 2: C ity/State/Z ip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Emai l: Email:
X. Supersedeas Bond Supersedeas bond filed? Yes 0:) If yes, date filed: Ifno, will fi le? Yes Fa) XI. Extraordinary Relief Will you request extraordinary relief (e.g., tempo rary or ancillary relief) from this Court? Yes If yes, briefly state the basis for your request:
Page 5 of 10 XII. Alternative Dispute Resolution/Mediation (Complete section iffilin2 in the fS1, 2"d, 5 1h, ~th, 101h, J3 1h, or 141h Court of Appeals.) Should this appeal be referred to med iation? Yes ~ If no, please specify: £} Has this case been through an ADR procedure? Yes ~
If yes, who was the mediator? What type of A DR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify: Type of Case? Select Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard fo r review, if known (without prej udice to the right to raise additional issues or request additional relief):
K"' How was the case disposed of? ~.1 r"~ r/~ ~ 0/'A J Summary of relief granted, including amount of money juct[ ment, and if any, damages awarded. If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: Attorney's fees (trial): Attorney's fees (appe llate): Other: If other, please specify: F) Will you challenge this Court' s jurisdiction? Yes ~ Does judgme nt have language that one or more parties "t(k Yhing"? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis fo r fina lity:
Page 6 of 10 XII. Alternative Dispute Resolution/Mediation - Continued (Complete section if filing in the P 1, 2"d, 51h, 61h, 8 1h, 101b, 131\ or 1,..4.!!. Court of Appeals.) Rate the complexity of the case (use I for least and 5 for most complex): ( ( 1 ) 2 3 4 5 Please make my answer to the preceding questions know~her parties ih-this case? Yes ~ Can the parties agree on an appellate mediator? Yes No If yes, please give the name, address, telephone, fax , an emai l address: Name: Address: Telephone: Ext. Fax: Emai l: Languages other than Eng lish in whi ch the mediator should be proficient:
Name of the person filling out mediation section of docketing statement:
XIII. Related Matters List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket and Style. Court: Select Appellate Court Docket: Style: Ys.
Court: Select Appellate Court Docket: Style: Vs.
Court: Select Appellate Court Docket: Style : Vs.
Court: Select Appellate Court Docket: Style: Ys.
Page 7 of 10 XIV. Pro Bono Program: (Complete section if filin2 in the P', 2nd, 3rd, 5 1h, 71h, 131h or 141h Court 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 http://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 th irty (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 wi ll 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 appellat at rneys. Do you want this case to be considered for inclusion in the Pro Bono Program? D Yes o
committee may have regard ing the appeal? D Yes (>
Please note that any such conversations would b maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of consideri 1g the case for inclusion in the Pro Bono Program.
' If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does yo~ fincome exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? D Yes ~No These guidelines c ~n'\be found in the Pro Bono Program Pamphlet as well as on the internet at htto://asoe. hhs.rrov/oo vertv/06oovertv.shtml. ~ Are you w illing to disclose your financial c ircumstances to the Pro Bono Committee? D Yes No If yes, please attach a Statement of Inabi lity to Pay Court Costs completed and executed b 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 a Statement under oath as to your financial circumstances.
~~~~~.~i;::u~:o t~ ·~:::d~o7s~:Jt;~iot:;ef'l f'"PYr~hJ,'"'· if Give a brief description of the issues to be raised on appeal, the relief sought, and the app licab le standard of review, if
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Page 8 of 10 Date
)c-))- Printed Name State Bar No. Is/ Your Name Electronic Signature (Opti onal) Name
Is/ Your Name Electronic Signature (Optional)
State Bar No.
Certificate of Serv ice Requirements (TR AP 9.5(e)): A certificate of servi ce must be signed by the person who made the service and must state:
Page9ofl0 I Please enter the following for each person served: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Bar No. Bar No. Firm Name: Firm Name: Address 1: Address 1: Address 2: Address 2: C ity/State/Zip: C ity/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email: Party: HEB Grocery Company Party: HEB Grocery Company
Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Bar No. Bar No. Firm Name: Firm Name: Address 1: Address I: Address 2: Address 2: C ity/State/Zip: City/State/Z ip: Tel. Ext. Fax: Tel. Ext. Fax: Email : Email: Party: HEB Grocery Company Party: HEB Grocery Company
Date Served: Manner Served: Select Name: Lance Travis Bar No. 00797568 Firm Name: Burford & Ryburn Address 1:500 North Akard, Suite 3100 Address 2: City/State/Zip: Dallas Texas 75201 Tel.2147403131 Ext. Fax: 2147402828 Email: ltravis@brlaw.com Party: HEB Grocery Company
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