Leticia B. Loya v. Vitol, Inc., Michael Metz, and Antonio Maarraoui ( 2015 )

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:
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LETICIA Loy A, Appellant, demonstrates her proof of payment to the .,
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court reporter in the above-referenced cause number, and respectfully states: ~
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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
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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
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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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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
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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
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Antonio Maarraoui signed December 9, 2014; as well as the district court's order I
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granting Miguel Loya's Motion to Dismissed Based on a Mandatory Forum I!
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Selection Clause signed January 15, 2015,1 \
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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.
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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
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ~
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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
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Is! Jennifer Job
Jennifer Job I
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EXHIBITB
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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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-Page 1 of 1
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Page 1 of1
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To: 'Patricia A. Palmer'
Sent: Thu, Mar 12, 20151:16 pm
Subject: RE: Reporter's Record Cause No, 2012-33464-A
Pleasesee attached. If you have any questions or need any additional information, please do not hesitate to contact
me.
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
2
From: Patricia A. Palmer [mailto:patriciapalmercsr@aot.com]
Sent: Thursday, March 12, 2015 12:48 PM
To: Genia Marks
Subject: RE: Reporter's Record Cause No. 2012-33464-A
Can you please provide me with the notice. Thanks!
Sent from AOL Mobile Mail
On Thursday, Mal"Ch12, 2015 Genia Marks wrote:
Ms. Palmer,
We received notice from the Court of Appeals (Cause No. 01-15-00197-CV) stating that the reporter's record is due to be
filed on or before March 16th. Please advise 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 ask that 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
1° 1
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