Auglle, L.L.C., Wrap It Up, L.L.C., James A. McVey, Jr., Individually, and Valdis Karlis Gravis Krumins, Individually v. David A. Monroe, E-Watch Corporation, E-Watch, Inc., and the Telesis Group, Inc., Each Individually and as Member of Power Surveillance Corporation, L.L.C. ( 2015 )

ACCEPTED 04-15-00435-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/13/2015 4:51:22 PM KEITH HOTTLE CLERK No. 04-15-00435-CV FILED IN 4th COURT OF APPEALS IN THE COURT OF APPEALS FOR THE FOURTH DISTRICT SAN ANTONIO, TEXAS OF TEXAS AT SAN ANTONIO 08/13/2015 4:51:22 PM KEITH E. HOTTLE Clerk AUGLLE, L.L.C., WRAP IT UP, L.L.C., JAMES A. MCVEY, JR., INDIVIDUALLY AND VALDIS KARLIS GRAVIS KRUMINS, INDIVIDUALLY, Appellants, v. DAVID A. MONROE, E-WATCH CORPORATION, E-WATCH, INC., AND THE TELESIS GROUP, INC., EACH INDIVIDUALLY AND AS MEMBER OF POWER SURVEILLANCE CORPORATION, L.L.C., Appellees. Appeal from the 225th Judicial District Court, Bexar County, Texas, No. 2015-CI-07230, Honorable Gloria Saldana presiding UNOPPOSED MOTION BY APPELLANTS FOR ACCESS TO SEALED DOCUMENTS IN CLERK’S RECORD Appellants Auglle, L.L.C., Wrap It Up, L.L.C., James A. McVey, Jr., Individually, and Valdis Karlis Gravis Krumins, Individually (hereinafter “Appellants”), file this Unopposed Motion for Access to Sealed Documents in Clerk’s Record (the “Motion”) and respectfully request that the Court grant the Motion and provide Appellants access to the sealed documents included in the Clerk’s Record on appeal in this case. 1 BACKGROUND Two documents were filed by the trial court under seal. The district clerk filed the sealed and unsealed Clerk’s Records in this Court on July 23, 2015. Counsel obtained the unsealed Record from the Clerk of this Court on July 28, 2015. Counsel for Appellants also needs access to the sealed portion of the Clerk’s Record. REASON FOR RELIEF Although the parties have copies of the sealed documents filed and served in the proceedings below, Appellants need access to the sealed documents to (1) confirm which documents are included in the Clerk’s Record, (2) verify that the Appellants possess copies of all such sealed documents, and (3) allow proper citation to the sealed documents in the Appellants’ brief to be filed with the Court in accordance with this Court’s rules. Concerns that sometimes arise with granting access to sealed documents are not present here. First, because the parties and their counsel already have copies of and access to documents under seal in the district court, no new or additional access would be allowed by granting the Motion. Second, the sealed items will remain sealed until unsealed. Third, this Motion is not opposed. Because allowing access to the sealed documents will enable the Appellants to comply with the Court’s rules on citations to the Clerk’s Record and because there will be no harm 2 in allowing access, Appellants ask the Court to grant their counsel access to the sealed documents. PRAYER FOR RELIEF For the reasons set forth above, Appellants request that the Motion be granted in its entirety and that Appellants be granted access to all of the sealed documents included in the Clerk’s Record currently on file in this Court and to any subsequently filed sealed documents, if any, supplemented to the Clerk’s Record. Appellants pray for all other and further relief to which each may be justly entitled. Dated: August 13, 2015. Respectfully Submitted, HAYNES AND BOONE, LLP /s/ Karen S. Precella William B. Nash State Bar No. 14812200 bill.nash@haynesboone.com 112 East Pecan Street, Suite 1200 San Antonio, Texas 78205 Telephone: (210) 978-7477 Telecopier: (210) 554-0484 Karen S. Precella State Bar No. 16245550 karen.precella@haynesboone.com 301 Commerce Street, Suite 2600 Fort Worth, Texas 76102 Telephone: (817) 347-6620 Telecopier: (817) 348-2367 3 Ben L. Mesches State Bar No. 24032737 ben.mesches@haynesboone.com Ryan Paulsen State Bar No. 24060397 ryan.paulsen@haynesboone.com 2323 Victory Avenue, Suite 700 Dallas, Texas 75219 Telephone: (214) 651-5234 Telecopier: (214) 200-0913 OLIVA, SAKS, GARCIA & CURIEL, LLP Carlo Garcia State Bar No. 00790744 cglaw@osgclaw.com The OSGC Building 14255 Blanco Road San Antonio, Texas 78216 Telephone: 210-265-6730 Telecopier: 210-308-6939 ATTORNEYS FOR APPELLANTS 4 CERTIFICATE OF CONFERENCE I hereby certify that I conferred with Counsel for Appellees, Louis Vetrano, on August 10, 2015, and Jorge Mares, on August 13, 2015, concerning this Motion, who stated that Appellees do not oppose the Motion. /s/ Karen S. Precella Karen S. Precella CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing instrument has been served on all counsel of record via e-service and/or e-mail on this 13th day of August, 2015: Louis A. Vetrano, Jr. lvetrano@flash.net 2502 Huebner Park San Antonio, Texas 78248 Telephone: (210) 862-5786 Mikal Watts mwatts@wattsguerra.com Mark Anthony Fassold mfassold@wattsguerra.com Francisco Guerra IV fguerra@wattsguerra.com Jorge Mares jmares@wattsguerra.com WATTS GUERRA LLP 4 Dominion Drive Bldg. 3, Ste. 100 San Antonio, Texas 78257 ATTORNEYS FOR APPELLEES /s/ Karen S. Precella Karen S. Precella 15274472 5