Ali Rassouli v. National Signs Holdings, LLC, National Signs, LLC, Louis Girard ( 2015 )

ACCEPTED 14-15-00353-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 5/8/2015 12:02:41 PM CHRISTOPHER PRINE Appellate Docket Number: 14-15-00353-CV CLERK Appellate Case Style: Ali Rassouli Vs. National Signs Holdings, LLC, National Signs, LLC and Louis Girard (CROSS-APPELLANTS) FILED IN Companion Case No.: 14th COURT OF APPEALS HOUSTON, TEXAS 5/8/2015 12:02:41 PM CHRISTOPHER A. PRINE Clerk Amended!corrected statement: DOCKETING STATEMENT (Civil) Appellate Court: .14th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) I. Appellant II. Appellant Attorney(s) D Person j;g] Organization (choose one) j;g] Lead Attorney Organization Name: National Signs Holdings, LLC First Name: John First Name: Middle Name: Hatchett Middle Name: Last Name: McFarland Last Name: Suffix: Suffix: Law Finn Name: Joyce +McFarlana, LLP Pro Se: 0 Address 1: 712 Main Street Address 2: Suite 1500 City: Houston State: Texas Zip+4: 77002 Telephone: 713.222.1114 ext. Fax: 713.513.5577 Email: jmcfarland@jmlawyers.com SBN: 00794270 .. I. Appellant II. Appellant Attorney(s) D Person j;g] Organization (choose one) j;g] Lead Attorney Organization Name: National Signs, LLC First Name: J01m First Name: Middle Name: Hatchett Middle Name: Last Name: McFarland Last Name: Suffix: Suffix: Law Firm Name: Joyce + McFarland, LLP Pro Se: 0 Address 1: 712 Main Street Address 2: Suite 1500 .. Page 1 of 8 City: Houston State: Texas Zip+4: 77002 Telephone: 713.222.1114 ext. Fax: 713.513.5577 Email: jmcfarland@jmlawyers.com SBN: 00794270 I. Appellant n. Appellant Attorney(s) IZI Person 0 Organization (choose one) IZI Lead Attorney First Name: Jolm First Name: Louis Middle Name: Hatchett Middle Name: Last Name: McFarland Last Name: Girard Suffix: Suffix: Law Firm Name: Joyce + McFarland, LLP Pro Se: 0 Address 1: 712 Main Street Address 2: Suite 1500 City: Houston State: Texas Zip+4: 77002 Telephone: 713.222.1114 ext. Fax: 713.513.5577 Email: jmcfarland@jmlawyers.com SBN: 00794270 nIt Appellee IV. Appellee Attorney(s) IZI Person 0 Organization (choose one) IZI Lead Attorney First Name: Lloyd First Name: Ali Middle Name: E. Middle Name: Last Name: Kelley Last Name: Rassouli Suffix: Suffix: Law Firm Name: The Kelley Law Firm Pro Se: 0 Address 1: 2726 Bissonnet Address 2: Suite 240, PMB 12 City: Houston State: Texas Zip+4: 77005 Telephone: 281.492.7766 ext. Fax: 281.652.5973 Email: kelley@lloydekelley.com SBN: 11203180 Page 2 of 8 V. Perfection Of Appeal And Jurisdiction Nature of Case (Subject matter or type of case): Other Date order or judgment signed: April 13, 2015 Type of judgment: Summary Judgment Date notice of appeal filed in trial court: April 22, 2015 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: DYes IZI No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Accelerated appeal (See TRAP 28): DYes IZI No If yes, pl~_ase specify sJatut()ry or other basis on which appeal is accelerated: Parental Termination or Child Protection? (See TRAP 28.4): DYes ~No Permissive? (See TRAP 28.3): DYes IZI No If yes, please specify statutory or other basis for such status: Agreed? (See TRAP 28.2): DYes IZI No If yes, please specify statutory.~r other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule: DYes IZI No If yes, please specify statutory or other basis for such status: Does this case involve an amount under $100,000? IZI Yes DNo Judgment or order disposes of all parties and issues: DYes IZINo Appeal from final judgment: DYes IZl No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? DYes IZlNo VI. Actions Extending Time To Perfect Appeal Motion for New Trial: DYes IZI No If yes, date filed: Motion to Modify Judgment: IZIYes DNo If yes, date filed: April 17, 2015 Request for Findings of Fact DYes IZI No If yes, date filed: and Conclusions of Law: DYes IZl No If yes, date filed: Motion to Reinstate: DYes IZl No If yes, date filed: Motion under TRCP 306a: Other: IZI Yes DNo If other, please specify: Motion to Enter Final Judgment filed April 17, 2015 VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if flIed.) Affidavit filed in trial court: DYes IZI No If yes, date filed: Contest filed in trial court: DYes D No If yes, date filed: Date ruling on contest due: Ruling on contest: D Sustained D Overruled Date of ruling: Page 3 of 8 VITI. Banl{l'uptcy Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? DYes ~ No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number: IX. Trial Court And Record Court: 133rd District Court Clerk's Record: County: Harris Trial Court Clerk: ~ District D County Trial Court Docket Number (Cause No.): 2014·42950 Was clerk's record requested? D Yes ~ No If yes, date requested: Trial Judge (who tried or disposed of case): Ifno, date it will be requested: 6/15/2015 First Name: Jaclanel Were payment arrangements made with clerk? r - Middle Name: DYes DNo Dlndigent Last Name: McFarland (Note: No request required under TRAP 34.S(a),(b)) Suffix: Address 1: 201 Caroline Address 2 : 11th Floor City: Houston State: Texas Zip + 4: 77002 Telephone: 713.368.6200 ext. Fax: Email: Betsy_Wall@justex.net RepOlier's or Recorder's Record: Is there a reporter's record? DYes ~ No Was reporter's record requested? DYes ~No Was there a reporter's record electronically recorded? D Yes ~ No If yes, date requested: If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? DYes D No Dlndigent Page 4 of8 D Court RepOlier D Comi Recorder D Official D Substitute First Name: Middle Name: Last Name: Suffix: Address 1: Address 2: City: State: Texas Zip + 4: Telephone: ext. Fax: Email: X. Supersedeas Bond Supersedeas bond filed: DYes ~ No If yes, date filed: Will file: D Yes ~ No XI. Extraordinary Relief Will you request extraordinalY relief (e.g. tempormy or ancillary relief) from this Comi? DYes ~ No If yes, briefly state the basis for your request: XII. Alternative Dispute ResolutionlMediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, 11th, 12th, 13th, 01' 14th Court of Appeal) Should this appeal be referred to mediation? D Yes ~ No Ifno, please specify:. Intractable dispute. Has the case been through an ADR procedure? ~Yes D No If yes, who was the mediator? Alice Oliver-Parrott What type of ADR procedure? Mediation converted to arbitration. At what stage did the case go through ADR? ~ Pre-Trial D Post-Trial D Other If other, please specify: Type of case? Non-compete/modification and confirmation of arbitration award. Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, ifknown (without prejudice to the right to raise additional issues or request additional relief): Whether tda! court should have modified the award and confirmed. De novo review. How was the case disposed of? Summary Judgment Summary of relief granted, including amount of money judgment, and if any, damages awarded. Confirmed non-compete, $13,130 money judgment and other relief. If money judgment, what was the amount? Actual damages: $13,130.00 Punitive (or similar) damages: Page 5 of8 Attorney's fees (trial): $0.00 Attorney's fees (appellate): $0.00 Other: If other, please specity: peclaratory relief and trademark ownership. Will you challenge this COUli's jurisdiction? DYes IXI No Does judgment have language that one or more parties "take nothing"? IXI Yes D No Does judgment have a Mother Hubbard clause? DYes IXI No Other basis for finality? Rate the complexity of the case (use 1 for least and 5 for most complex): DID 2 D 3 IXI 4 D 5 Please make my answer to the preceding questions known to other parties in this case. DYes IXI No Can the parties agree on an appellate mediator? DYes IXI No If yes, please give name, address, telephone, fax and email address: Name Address Telephone Fax Email I Languages other than English in which the mediator should be proficient: Name of person filing out mediation section of docketing statement: xm. Related Matters List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style. Docket Number: Trial Court: Style: Vs. Page 6 of 8 XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts 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 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 yoUl' 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? 0 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? 0 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 an affidavit ofIndigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? 0 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? 0 Yes ~ No If yes, please attach an Affidavit ofIndigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office 01' on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit 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, ifknown (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary). 1--------------------------------------------------------- XV. Signature Date: May 8,2015 Printed Name: JoIlnH. McFarland State Bar No.: 00794270 Electronic Signature: (Optional) Page 7 of 8 XVI. Certificate of Service Electronic Signature: (Optional) State Bar No.: 00794270 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) if the 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: May 8,2015 Manner Served: Email First Name: Lloyd Middle Name: E. Last Name: Suffix: Law Firm Name: The Kell~y Law Firm Address 1: i126 Blssonnet Address 2: ,Suite 240, PMB 12 City: Houston State Texas Zip+4: 77005 Telephone: 281.492.7766 ext. Fax: 281.652.5973 Email: kelley@lIoydekeIley.com If Attorney, Representing Party's Name: Ali Rassouli Page 8 of 8