ACCEPTED
15-25-00001-CV
Appellate Docket Number: 15-25-00001-CV FIFTEENTH COURT OF APPEALS Appellate Case Style: TuSimple Holdings, Inc. AUSTIN, TEXAS Vs. Bot Auto TX Inc. 1/13/2025 6:44 PM Companion CHRISTOPHER A. PRINE Case(s): CLERK Amended/Corrected Statement FILED IN 15th COURT OF APPEALS
DOCKETING STATEMENT (Civil) AUSTIN, TEXAS Appellate Court: 15th Court of Appeals 1/13/2025 6:44:21 PM (to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. PRINE CHRISTOPHER
Clerk
NOTE: Because space for additional parties / 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 name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.
I. Appellant II. Appellant Attorney(s) - Continued Person Organization Lead Attorney Retained Attorney Name: TuSimple Holdings, Inc. Name: Timothy J. McCarthy Pro Se Bar No. 24123750 If Pro Se Party, enter the following information: Firm/Agency: Dykema Gossett PLLC Address: Address 1: 1717 Main Street City/State/Zip: Address 2: Suite 4200 Tel. Ext. Fax: City/State/Zip: Dallas, Texas 75201 Email: Tel. (214) 462-6400 Ext. Fax: (214) 462-6401 II. Appellant Attorney(s) Email: tmccarthy@dykema.com Lead Attorney Retained Attorney Lead Attorney Retained Attorney Name: Cliff P. Riley Name: Christopher D. Kratovil Bar No. 24094915 Bar No. 24027427
Firm/Agency: Dykema Gossett PLLC Firm/Agency: Dykema Gossett PLLC Address 1: 1717 Main Street Address 1: 1717 Main Street Address 2: Suite 4200 Address 2: Sutie 4200
City/State/Zip: Dallas, Texas 75201 City/State/Zip: Dallas, Texas 75201 Tel. (214) 462-6400 Ext. Fax: (214) 462-6401 Tel. (214) 462-6400 Ext. Fax: (214) 462-6401 Email: criley@dykema.com Email: ckratovil@dykema.com Lead Attorney Retained Attorney Lead Attorney Select Name: Isaac Villarreal Name: Amanda Gordon
Bar No. 24054553 Bar No. 24103737
Firm/Agency: Dykema Gossett PLLC Firm/Agency: Dykema Gossett PLLC Address 1: 1401 McKinney Street Address 1: 1401 McKinney Street Address 2: Suite 1625 Address 2: Suite 1625
City/State/Zip: Houston, Texas 77010 City/State/Zip: Houston, Texas 77010 Tel. (713) 904-6900 Ext. Fax: (214) 462-6401 Tel. (713) 904-6900 Ext. Fax: (214) 462-6401 Email: ivillarreal@dykema.com Email: agordon@dykema.com
III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Retained Attorney Name: Bot Auto TX Inc. Name: Joseph A. Fischer, III Pro Se Bar No. 00789292 If Pro Se Party, enter the following information: Firm/Agency: Jackson Walker LLP Address: Address 1: 1401 McKinney Street City/State/Zip: Address 2: Suite 1900 Tel. Ext. Fax: City/State/Zip: Houston, Texas 77010 Email: Tel. (713) 752-4530 Ext. Fax: (713) 308-4130 Email: tfischer@jw.com
IV. Appellee Attorney(s)
Lead Attorney Retained Attorney Lead Attorney Select
Name: Leisa Talber Peschel Name: Tori C. Emery Bar No. 24060414 Bar No. 24126228 Firm/Agency: Jackson Walker LLP Firm/Agency: Jackson Walker LLP Address 1: 1401 McKinney Street Address 1: 1401 McKinney Street Address 2: Suite 1900 Address 2: Suite 1900 City/State/Zip: Houston, Texas 77010 City/State/Zip: Houston, Texas 77010 Tel. (713) 752-4530 Ext. Fax: (713) 308-4130 Tel. (713) 752-4530 Ext. Fax: (713) 308-4130 Email: lpeschel@jw.com Email: temery@jw.com
Lead Attorney Retained Attorney Lead Attorney Select
Name: Richard Liu (Pro Hac Vice) Name: Bar No. 308050 Bar No. Firm/Agency: Innovative Legal Services, P.C. Firm/Agency: Address 1: 355 S. Grand Avenue Address 1: Address 2: Suite 2450 Address 2: City/State/Zip: Los Angeles, California 90071 City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: richard.liu@consultils.com Email:
V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Injunction Date Order or Judgment signed: 12/28/2024 Type of Judgment: Interlocutory Order Date Notice of Appeal filed in Trial Court: 12/31/2024 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):
Tex. Civ. P. & Rem. Code 51.014(a)(4)
Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated:
Tex. R. App. P. 28.1; Tex. Civ. P. & Rem. Code 51.014(a)(4)
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:
Tex. R. App. P. 28.1; 40.1(b) as an accelerated appeal
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 If yes, you must also complete and file the Challenge to Constitutionality of a State Statute form.
If yes, is the Attorney General of Texas a party to the case? 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 and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: Other: Yes No If Other, please specify:
VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Yes No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No
Date of Order: If yes, trial court finding: Challenge Sustained Overruled 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: Business Court Division of the Eleventh District Clerk’s Record County: Harris Trial Court Clerk: District County Trial Court Docket No. (Cause No.): Was Clerk’s record requested? Yes No 24-BC11A-0007 If yes, date requested: 01/08/2025 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested:
Name: Hon. Sofia Adrogue Were payment arrangements made with clerk?
Address 1: 300 West 15th Street Yes No Indigent Address 2: Suite 606 (Note: No request required under TRAP 34.5(a),(b).)
City/State/Zip: Austin, Texas 78701 Tel. Ext. Fax: Email: BCDivision11A@txcourts.gov
IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: 01/08/2025 If no, date it will be requested:
Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Yes No Indigent
Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Nichole Forrest Name: Address 1: N/A Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: crnichole@gmail.com Email:
X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, 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, 10th, 11th, 13th, or 14th Court of Appeals.)
Should this appeal be referred to mediation? Yes No If no, please specify:
Has this case been through an ADR procedure? Yes No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify:
Type of Case? Injunction 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):
How was the case disposed of? Summary of relief granted, including amount of money judgment, 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 (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:
XII. Alternative Dispute Resolution/Mediation - Continued (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
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 the name, address, telephone, fax, and email address: Name: Address: Telephone: Ext. Fax: Email:
Languages other than English in which 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:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs.
XIV. Pro Bono Program:
(Complete section if filing in the 1st, 2nd, 3rd, 5th, 7th, 13th or 14th 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 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 a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, 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 a Statement of Inability to Pay Court Costs 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 a Statement 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. Fifteenth Court of Appeals Jurisdiction Effective 9/1/24, certain cases filed with this court must be transferred to the new Fifteenth Court of Appeals (See SB 1045, 88th Legislature, Regular Session). To assist the court in the orderly transfer or cases, please complete the following information. Does this appeal involve a matter brought by or against the state or a board, commission, department, office, or other agency in the executive branch of the state government, including a university system or institution of higher education as defined by Section 61.003, Education Code, or by or against an officer or employee of the state or a board, commission, department, office, or other agency in the executive branch of the state government arising out of that officer ’s or employee ’s official conduct? Yes No If the answer is yes, does this appeal involve:
a proceeding brought under the Family Code and any related motion or proceeding; a proceeding brought under Chapter 7B or Article 17.292, Code of Criminal Procedure; a proceeding brought against a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction; a proceeding relating to a mental health commitment; a proceeding relating to civil asset forfeiture; a condemnation proceeding for the acquisition of land or a proceeding related to eminent domain; a proceeding brought under Chapter 101, Civil Practice and Remedies Code; a claim of personal injury or wrongful death; a proceeding brought under Chapter 125, Civil Practice and Remedies Code, to enjoin a common nuisance; a proceeding brought under Chapter 55, Code of Criminal Procedure; a proceeding under Chapter 22A, Government Code; a proceeding brought under Subchapter E-1, Chapter 411, Government Code; a proceeding brought under Chapter 21, Labor Code; a removal action under Chapter 87, Local Government Code; a proceeding brought under Chapter 841, Health and Safety Code;
XVI. Signature 01/13/2025
Signature of counsel (or Pro Se Party) Date Cliff P. Riley 24094915 Printed Name State Bar No. /s/ Cliff P. Riley Cliff P. Riley Electronic Signature (Optional) Name
XVII. 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:
/s/ Cliff P. Riley
Signature of counsel (or Pro Se Party) Electronic Signature (Optional)
24094915 State Bar No.
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 the attorney.
Please enter the following for each person served: Date Served: 01/13/2025 Date Served: 01/13/2025 Manner Served: eServe Manner Served: eServe Name: Joseph A. Fischer, III Name: Richard Liu Bar No. 00789292 Bar No. Pro Hac Vice Firm/Agency: Jackson Walker LLP Firm/Agency: Innovative Legal Services, P.C. Address 1: 1401 McKinney Address 1: 355 S. Grand Avenue Address 2: Suite 1900 Address 2: Suite 2450 City/State/Zip: Houston, Texas 77010 City/State/Zip: Los Angeles, California 90071 Tel. (713) 752-4530 Ext. Fax: (713) 308-4130 Tel. Ext. Fax: Email: tfischer@jw.com Email: richard.liu@consultils.com Party: Appellee Bot Auto TX Inc. Party:
Date Served: 01/13/2025 Date Served: Manner Served: eServe Manner Served: Select Name: Leisa Talbert Peschel Name: Bar No. 24060414 Bar No. Firm/Agency: Jackson Walker LLP Firm/Agency: Address 1: 1401 McKinney Address 1: Address 2: Suite 1900 Address 2: City/State/Zip: Houston, Texas 77010 City/State/Zip: Tel. (713) 752-4530 Ext. Fax: (713) 308-4130 Tel. Ext. Fax: Email: lpeschel@jw.com Email: Party: Appellee Bot Auto TX Inc. Party:
Date Served: 01/13/2025 Manner Served: eServe Name: Tori C. Emery Bar No. 24126228 Firm/Agency: Jackson Walker LLP Address 1: 1401 McKinney Address 2: Suite 1900 City/State/Zip: Houston, Texas 77010 Tel. (713) 752-4530 Ext. Fax: (713) 308-4130 Email: temery@jw.com Party: Appellee Bot Auto TX Inc.
Please enter the following for each person served that is not an attorney for a party: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:
Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:
Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:
Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Jennifer Schmitt on behalf of Cliff Riley Bar No. 24094915 jschmitt@dykema.com Envelope ID: 96169614 Filing Code Description: Docketing Statement Filing Description: TuSimple Appeal Docketing Statement Status as of 1/14/2025 7:17 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Timothy J.McCarthy TMcCarthy@dykema.com 1/13/2025 6:44:21 PM SENT
Cliff PRiley criley@dykema.com 1/13/2025 6:44:21 PM SENT
Isaac Villarreal ivillarreal@dykema.com 1/13/2025 6:44:21 PM SENT
Christopher Kratovil ckratovil@dykema.com 1/13/2025 6:44:21 PM SENT
Amanda Gordon agordon@dykema.com 1/13/2025 6:44:21 PM SENT
Lina Null lnull@dykema.com 1/13/2025 6:44:21 PM SENT
Kathy Lowery klowery@dykema.com 1/13/2025 6:44:21 PM SENT
Jennifer Schmitt jschmitt@dykema.com 1/13/2025 6:44:21 PM SENT
Victoria Emery 24126228 temery@jw.com 1/13/2025 6:44:21 PM SENT
Leisa Peschel 24060414 lpeschel@jw.com 1/13/2025 6:44:21 PM SENT