in Re Volkswagen Clean Diesel Litigation: Texas Clean Air Act Enforcement Cases

ACCEPTED
03-16-00718-CV
14585383
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/5/2017 3:25:05 PM
JEFFREY D. KYLE
CLERK
NO. 03-16-00718-CV
___________________________________
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD JUDICIAL DISTRICT1/5/2017 3:25:05 PM
__________________________________ JEFFREY D. KYLE
Clerk
IN RE VOLKSWAGEN CLEAN DIESEL LITIGATION:
TCAA ENFORCEMENT CASE
_________________________________________
VOLKSWAGEN GROUP OF AMERICA, INC.’S RESPONSE TO THE
STATE OF TEXAS’ MOTION TO STRIKE
__________________________________________
TO THE HONORABLE THIRD COURT OF APPEALS:
Volkswagen Group of America, Inc. (“VWGoA”) files this Response to the
State of Texas’ (“State”) Motion to Strike and would show the Court as follows:
INTRODUCTION
The premises of the State’s motion are that VWGoA is not a party to this
appeal and writ of mandamus is the exclusive avenue for this Court to enforce the
automatic stay provided by Tex. Civ. Prac. & Rem. Code § 51.014(b).1 As
explained below, those premises are fundamentally incorrect. While writ of
mandamus is one available avenue for relief, this Court also has the authority—
1
The Motion to Stay that the State seeks to strike was filed by VWGoA and Porsche Cars North America, Inc.
(“Porsche”). The State does not challenge Porsche’s right to file the Motion to Stay, and has therefore waived any
argument regarding the same. See, e.g., Liberty Mut. Ins. Co. v. Griesing, 150 S.W.3d 640, 648 (Tex. App.—Austin
2004, pet. dism’d) (citing Fredonia State Bank v. General Am. Life Ins. Co., 881 S.W.2d 279, 284 (Tex. 1994).
Thus, regardless of how this Court rules on the State’s Motion to Strike, this Court should still rule on the Motion to
Stay, since Porsche has also made that Motion and seeks the same relief.
1
under Section 21.001(a) of the Texas Government Code—to enforce the automatic
stay to aid in its jurisdiction.
The State’s motion ignores the fact that the relief which VWGoA (and
Porsche) seek in their motion is enforcement of Tex. Civ. Prac. & Rem. Code §
51.014(b), which provides that “[a]n interlocutory appeal under Subsection (a)(3),
(5), (8), or (12) also stays all other proceedings in the trial court pending resolution
of that appeal.” The language could not be clearer and applies to all proceedings in
the trial court, regardless of whether the party seeking to enforce the stay is a party
to the appeal (which VWGoA is in any event). The State’s failure to even address
the automatic stay speaks volumes. Indeed, it is the State’s and the County
Plaintiffs’ refusal to abide by this statutory stay that prompted VWGoA’s motion
in the first place. This Court has authority to issue any writ necessary to aid in its
jurisdiction under Section 21.001(a) of the Texas Government Code, including to
enforce the automatics stay under Section 51.014(b) of the Texas Civil Practice
and Remedies Code. Thus, the Court’s ability to enforce the automatic stay is not
impacted in any way by whether VWGoA is or is not a party to this appeal or
whether mandamus is also an appropriate avenue for relief.
VWGoA is a party to this appeal in any event. Indeed, in its docketing
statement, the State admits that that VWGoA is a “part[y] to the trial court’s
2
order,”2 and appellate jurisdiction applies to “parties to the judgment or
interlocutory order being appealed.”3 This should also end the inquiry. Under
Tex. R. App. P. 25.1(b), “[t]he filing of a notice of appeal by any party invokes the
appellate court’s jurisdiction over all parties to the trial court’s judgment or order
appealed from.”
Finally, even if VWGoA were not a party to this appeal and even if that
were a relevant question for purposes of this Court’s enforcement of the automatic
stay in aid of its jurisdiction, the State’s motion should still be denied. VWGoA
has not filed a brief regarding the propriety or impropriety of the underlying order
from which the State appeals. Instead, VWGoA has filed a related motion
requesting that the Court enforce the automatic stay pending resolution of the
interlocutory appeal. At least one Texas appellate court has concluded that a non-
party’s participation in appellate motions related to the substantive appeal is
proper.4 For this additional reason, this Court should deny the State’s Motion to
Strike.
2
See Ex. A at pgs. 44, 60 (Docketing Statement).
3
See Craig v. Tejas Promotions, LLC, 2016 Tex. App. LEXIS 10245, *5 (Tex.App.—Austin, 2016, no pet.).
4
See City of Dall. v. Turley, 316 S.W.3d 762, 775-76 (Tex. App.—Dallas 2010, pet. denied).
3
ARGUMENT
A. This Court Has the Authority To Grant VWGoA’S Motion to
Enforce the Automatic Stay Regardless of VWGoA’s Procedural
Posture on This Appeal.
As a preliminary matter, it makes no difference whether VWGoA is a party
to this appeal. The Section 51.014(b) stay is automatic and mandatory, and
provides no room for discretion.5 Because the State appeals from an order entered
in the Environmental MDL cause number, the stay applies with equal force to all
lawsuits pending in the Environmental MDL and, therefore, to all claims which
involve the “same parties, conduct, and data.”6 Thus, regardless of whether Texas
Rule of Appellate Procedure 29.3 applies only to the parties on appeal (as the State
argues) and even assuming VWGoA were not such a party (which it is), this Court
has the authority to enforce the automatic stay under Texas Government Code
Section 21.001(a), which provides courts with “all powers necessary for the
exercise of [their] jurisdiction . . ., including authority to issue the writs and orders
necessary or proper in aid of [their] jurisdiction.” 7
5
In re I-10 Colony, Inc., 2015 Tex. App. LEXIS 1733, at *4 (Tex.App.—Houston [1st Dist.] 2015, no pet.) (filing of
notice of interlocutory appeal triggered the automatic stay under Section 51.014(b); trial court was precluded from
entering any orders after notice of interlocutory appeal was filed); Sheinfeld, Maley & Kay, P.C. v. Bellush, 61
S.W.3d 437, 439 (Tex. App.—San Antonio 2001, no pet.) (“[T]he stay set forth in section 51.014 is statutory and
allows no room for discretion.”).
6
See In re Bliss & Glennon, Inc., 2014 Tex. App. LEXIS 119, 2014 WL 50831, at *10 (Tex. App.—Houston [1st
Dist.], January 7, 2014, orig. proceeding) (citing Ryland Group, Inc. v. White, 723 S.W.2d 160, 162 (Tex. App.—
Houston [1st Dist.] 1986, orig. proceeding).
7
TEX. GOV. CODE ANN. § 21.001(a); see also Monsanto Co. v. Daivs, 1010 S.W.3d 28, 29 (Tex. App.—Waco 2002,
pet. denied) (granting the defendants’ request to seal a document pending resolution of appeal pursuant to Texas
Government Code Section 21.001(a)).
4
Due to the automatic nature of the stay pending interlocutory appeal, and the
trial court’s potential interference into the jurisdiction of this Court by signing
orders in violation of the stay, this Court has authority to enforce the stay
regardless of VWGoA’s procedural posture on appeal. This Court has granted
such a motion as recently as September 15, 2016 and, for the reasons above, should
deny the State’s Motion to Strike. 8
B. VWGoA Is a Party to This Appeal in Any Event.
Even if the State is correct that VWGoA must be a party to the appeal to
obtain relief, the State acknowledges that appellate “[j]urisdiction is limited to
parties to the judgment or interlocutory order being appealed.”9 VWGoA is such a
party. Indeed, the State has included VWGoA in its docketing statement as a
“part[y] to the trial court’s order.” 10 VWGoA is also listed as an Appellee on the
Court’s docket and is a party of record in each of the 18 lawsuits filed by the
various counties (and in all other lawsuits pending in the Environmental MDL).
Moreover, the order from which the State appeals is a denial of dispositive
motions it filed as a “necessary and indispensable party” against the various county
plaintiffs. 11 Had the Court instead granted the State’s motions challenging the
counties’ legal ability to file suit, it would have resulted in complete dismissal of
8
See Craig v. Tejas Promotions, LLC, 2016 Tex. App. LEXIS 10245, *1 (Tex.App.—Austin, 2016, no pet.)
9
Ex. B at pg. 5.(State of Texas’ Motion to Strike).
10
See Ex. A at pgs. 44, 60 (Docketing Statement).
11
See Ex. C (Amended Omnibus Order Resolving Challenges to County Authority to File Suit When the State Has
Already Initiated a Claim Under the Texas Clean Air Act).
5
all claims against VWGoA. The order denying the State’s motions does the
opposite: it allows each of those 18 counties’ claims against VWGoA to proceed.
In either case, VWGoA is a direct party to the order whose interests are prejudiced
by that order—which purports to give 18 counties the right to sue VWGoA.
The State argues that “[e]ven if [VWGoA] could be a party to this
interlocutory appeal, it has not filed a notice of appeal within the deadline for
doing so, and is at best in the situation of a potential appellant who has failed to
timely invoke the Court’s appellate jurisdiction.” 12 But VWGoA has not asked the
Court to reverse the underlying order that is the subject of this appeal (which
would have required a notice of appeal), and whether or not that order should be
reversed is not relevant to the application of the automatic stay. The State has
already invoked this Court’s jurisdiction by filing its own Notice of Appeal, and as
the State acknowledges, this Court now has jurisdiction over all parties to the order
being appealed (which includes VWGoA):
The filing of a notice of appeal by any party invokes the
appellate court’s jurisdiction over all parties to the trial court’s
judgment or order appealed from.
Ex. A at pg. 5 (quoting Tex. R. App. P. 25.1(b)) (emphasis added). Therefore, this
Court has jurisdiction under Texas Rule of Appellate Procedure 29.3 to enter an
12
See Ex. B at pg. 7.
6
order to preserve the parties’ rights, including an order enforcing the automatic
stay under Texas Civil Practice and Remedies Code Section 51.014(b).
C. Even if VWGoA Were Not a Party to this Appeal, Its Motion to
Stay Would Still Be Proper.
In City of Dall. v. Turley, the City of Dallas “filed a motion to correct the
caption of the case to delete any reference to the Barretts,” who were not parties to
the appeal. 316 S.W.3d 762, 775 (Tex. App.—Dallas 2010, pet. denied). The 5th
District Court of Appeals subsequently
consolidated a petition for writ of injunction filed by the landowners
with the interlocutory appeal. The petition for writ of injunction listed
the Barretts as real parties in interest. The landowners acknowledged
in the petition for writ of injunction that they requested the same relief
as they sought in their emergency motion for temporary relief, which
[the 5th District Court of Appeals] granted in part on July 13, 2009,
and denied in part on August 12, 2009. The Barretts participated in
the briefing regarding the emergency motion, and [the 5th District
Court of Appeals’] order of July 13 prohibited the Barretts as
well as the City from taking action to cut down trees or install a storm
water line in the disputed area pending further order of this Court.
Id. at 775 (emphasis added). The 5th District Court of Appeals concluded that
although the Barretts were “not parties to the appeal of the trial court’s ruling on
the plea to the jurisdiction . . . their participation in related motions was proper, and
they [would] remain on [the Court’s] service lists for this cause number.” Id. at
775-76.
7
Likewise, even if, for argument’s sake, VWGoA were not a party to the
order the State appeals from, VWGoA’s request for relief is nevertheless proper
because its Motion to Stay relates to the substantive appeal.
CONCLUSION & PRAYER
For the above reasons, VWGoA requests this Court deny the State’s Motion
to Strike and for such other relief in law or equity it may be justly entitled to.
Respectfully submitted,
/s/ C. Vernon Hartline, Jr.
C. VERNON HARTLINE, JR.
State Bar No. 09159500
hartline@flash.net
HARTLINE DACUS BARGER
DREYER LLP
8750 N. Central Expressway, Suite 1600
Dallas, Texas 75231
214-369-2100
214-369-2118 fax
And
8
DARRELL L. BARGER
State Bar No. 01733800
dbarger@hdbdlaw.com
HARTLINE DACUS BARGER
DREYER LLP
1980 Post Oak Boulevard, Suite 1800
Houston, Texas 77056
713-759-1990
713-652-2419 fax
And
RICHARD W. CREWS, JR.
State Bar No. 05075500
rcrews@hdbdlaw.com
HARTLINE DACUS BARGER
DREYER LLP
800 North Shoreline Blvd.
Suite 2000, North Tower
Corpus Christi, TX 78401
361-866-8000
361-866-8039 fax
And
JEFFREY L. CHASE
NY State Bar No. 1002203
jchase@herzfeld-rubin.com
MICHAEL B. GALLUB
NY State Bar No. 2141851
mgallub@herzfeld-rubin.com
HERZFELD & RUBIN, P.C.
125 Broad Street
New York, New York 10004
212-471-8459
212-344-3333 fax
And
9
ROBERT J. GIUFFRA, JR.
New York State Bar 2309177
giuffrar@sullcrom.com
SHARON L. NELLES
New York State Bar 2613073
nelless@sullcrom.com
WILLIAM B. MONAHAN
New York State Bar 4229027
monahanw@sullcrom.com
SULLIVAN & CROMWELL LLP
125 Broad Street
New York, New York 10004
212-558-4000
Fax: 212-558-3588
ATTORNEYS FOR DEFENDANTS
VOLKSWAGEN GROUP OF
AMERICA, INC., AUDI OF AMERICA,
LLC AND VOLKSWAGEN GROUP OF
AMERICA CHATTANOOGA
OPERATIONS, LLC
CERTIFICATE OF SERVICE
I hereby certify that on the 5th day of January, 2017, a true and correct copy
of this pleading was served in accordance with the Texas Rules of Appellate
Procedure on all known counsel of record.
/s/ C. Vernon Hartline, Jr.
C. VERNON HARTLINE, JR.
10
EXHIBIT A
ACCEPTED
03-16-00718-CV
13501436
Appellate Docket Number: 03-16-00718-CV THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/28/2016 11:52:11 AM
Appellate Case Style: The State of Texas JEFFREY D. KYLE
CLERK
Vs.
Audi Aktiengesellschaft, et al.
Companion Case No.:
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
10/28/2016 11:52:11 AM
Amended/corrected statement: DOCKETING STATEMENT (Civil) JEFFREY D. KYLE
Clerk
Appellate Court:3rd Court of Appeals
(to be filed in the court of appeals upon perfection of appeal under TRAP 32)
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: State of Texas First Name: Kristofer
First Name: Middle Name: S.
Middle Name: Last Name: Monson
Last Name: Suffix:
Suffix: Law Firm Name: Office of the Attorney General
Pro Se: Address 1: P.O. Box 12548 (MC-059)
Address 2:
City: Austin
State: Texas Zip+4: 78711-254
Telephone: 512-936-1820 ext.
Fax: 512-474-2697
Email: Kristofer.Monson@texasattorneygeneral.gov
SBN: 24037129
I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: State of Texas First Name: Patrick
First Name: Middle Name: K.
Middle Name: Last Name: Sweeten
Last Name: Suffix:
Suffix: Law Firm Name: Office of the Attorney General
Pro Se: Address 1: P.O. Box 12548 (MC-066)
Address 2:
Page 1 of 61
City: Austin
State: Texas Zip+4: 78711-2548
Telephone: 512-463-2012 ext.
Fax: 512-320-0911
Email: Patrick.Sweeten@texasattorneygeneral.gov
SBN: 00798537
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Bexar County First Name: Nicholas
First Name: Middle Name:
Middle Name: Last Name: LaHood
Last Name: Suffix:
Suffix: Law Firm Name: Office of Bexar County Criminal District
Attorney
Pro Se: Address 1: Paul Elizondo Tower
Address 2: 101 W. Nueva, 4th Floor
City: San Antonio
State: Texas Zip+4: 78205
Telephone: (210) 335-2342 ext.
Fax:
Email: n.lahood@bexar.org
SBN: 24030360
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Bexar County First Name: Edward
First Name: Middle Name:
Middle Name: Last Name: Schweninger
Last Name: Suffix:
Suffix: Law Firm Name: Office of Bexar County Criminal
District Attorney
Pro Se: Address 1: Paul Elizondo Tower
Office of Bexar County Criminal
Address 2: 101 W. Nueva, 4th Floor
City: San Antonio
State: Texas Zip+4: 78205
Telephone: (210) 335-2342 ext.
Fax:
Email:
SBN: 17876960
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Bexar County First Name: Rudy
First Name: Middle Name:
Page 2 of 61
Middle Name: Last Name: Gonzales
Last Name: Suffix: Jr.
Suffix: Law Firm Name: HILLIARD, MUÑOZ & GONZALES, L.L.P.
Pro Se: Address 1: 719 S. Shoreline, Suite 500
Address 2:
City: Corpus Christi
State: Texas Zip+4: 78411
Telephone: (361) 882-1612 ext.
Fax: (361) 882-3015
Email: rudy@hmglawfirm.com
SBN: 08121700
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Bexar County First Name: Robert
First Name: Middle Name: C.
Middle Name: Last Name: Hilliard
Last Name: Suffix:
Suffix: Law Firm Name: HILLIARD, MUÑOZ & GONZALES, L.L.P.
Pro Se: Address 1: 719 S. Shoreline, Suite 500
Address 2:
City: Corpus Christi
State: Texas Zip+4: 78411
Telephone: (361) 882-1612 ext.
Fax: (361) 882-3015
Email: bobh@hmglawfirm.com
SBN: 09677700
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Bexar County First Name: Catherine
First Name: Middle Name: D.
Middle Name: Last Name: Tobin
Last Name: Suffix:
Page 3 of 61
Suffix: Law Firm Name: HILLIARD, MUÑOZ & GONZALES, L.L.P
Pro Se: Address 1: 719 S. Shoreline, Suite 500
Address 2:
City: Corpus Christi
State: Texas Zip+4: 78411
Telephone: (361) 882-1612 ext.
Fax: (361) 882-3015
Email: catherine@hmglawfirm.com
SBN: 24013642
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Bexar County First Name: John
First Name: Middle Name: B.
Middle Name: Last Name: Martinez
Last Name: Suffix:
Suffix: Law Firm Name: HILLIARD, MUÑOZ & GONZALES, L.L.P.
Pro Se: Address 1: 719 S. Shoreline, Suite 500
Address 2:
City: Corpus Christi
State: Texas Zip+4: 78411
Telephone: (361) 882-1612 ext.
Fax: (361) 882-3015
Email: john@hmglawfirm.com
SBN: 24010212
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Bexar County First Name: Marion
First Name: Middle Name:
Middle Name: Last Name: Reilly
Last Name: Suffix:
Suffix: Law Firm Name: HILLIARD, MUÑOZ & GONZALES, L.L.P.
Pro Se: Address 1: 719 S. Shoreline, Suite 500
Address 2:
City: Corpus Christi
State: Texas Zip+4: 78411
Telephone: (361) 882-1612 ext.
Fax: (361) 882-3015
Email: marion@hmglawfirm.com
SBN: 24079195
Page 4 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Bexar County First Name: Robert
First Name: Middle Name: Howard
Middle Name: Last Name: George
Last Name: Suffix: II.
Suffix: Law Firm Name: HILLIARD, MUÑOZ & GONZALES, L.L.P.
Pro Se: Address 1: 719 S. Shoreline, Suite 500
Address 2:
City: Corpus Christi
State: Texas Zip+4: 78411
Telephone: (361) 882-1612 ext.
Fax: (361) 882-3015
Email: rgeorge@hmglawfirm.com
SBN: 24067623
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Bexar County First Name: Tim
First Name: Middle Name:
Middle Name: Last Name: Maloney
Last Name: Suffix:
Suffix: Law Firm Name: MALONEY & CAMPOLO
Pro Se: Address 1: 926 South Alamo Street
Address 2:
City: San Antonio
State: Texas Zip+4: 78205
Telephone: (210) 922-2200 ext.
Fax:
Email: tmaloney@maloneyandcompolo.com
SBN: 12887380
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Bexar County First Name: Justin
First Name: Middle Name: A.
Middle Name: Last Name: Hill
Last Name: Suffix:
Page 5 of 61
Suffix: Law Firm Name: Hill Law Firm
Pro Se: Address 1: 921 S. St. Mary’s #2
Address 2:
City: San Antonio
State: Texas Zip+4: 78205
Telephone: (210) 960-3939 ext.
Fax: (844) 404-4455
Email: justin@jahlawfirm.com
SBN: 24057902
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Bexar County First Name: Carlos
First Name: Middle Name:
Middle Name: Last Name: Uresti
Last Name: Suffix:
Suffix: Law Firm Name: URESTI LAW FIRM P.C.
Pro Se: Address 1: 924 McCullough
Address 2:
City: San Antonio
State: Texas Zip+4: 78215
Telephone: (210) 227-5678 ext. 78215
Fax: (210) 921-0430
Email: carlos@urestilaw.com
SBN: 00785132
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Bexar County First Name: Pat
First Name: Middle Name:
Middle Name: Last Name: Maloney
Last Name: Suffix:
Suffix: Law Firm Name: LAW OFFICES OF PAT MALONEY
Pro Se: Address 1: The Maloney Building
Address 2: 239 E. Commerce St
City: San Antonio
State: Texas Zip+4: 78205-2923
Telephone: (210) 226-8888 ext.
Fax:
Email:
SBN: 12887300
Page 6 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Brazos County First Name: Rodney
First Name: Middle Name: W.
Middle Name: Last Name: Anderson
Last Name: Suffix:
Suffix: Law Firm Name: Brazos County Attorney’s Office
Pro Se: Address 1: 300 East 26th Street, Suite 1300
Address 2:
City: Bryan
State: Texas Zip+4: 77803
Telephone: (979) 361-4300 ext.
Fax:
Email: randerson@brazoscountytx.gov
SBN: 01213400
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Brazos County First Name: William
First Name: Middle Name: D.
Middle Name: Last Name: Ballard
Last Name: Suffix: Jr.
Suffix: Law Firm Name: Brazos County Attorney's Office
Pro Se: Address 1: 300 East 26th Street, Suite 1300
Address 2:
City: Bryan
State: Texas Zip+4: 77803
Telephone: (979) 361-4300 ext.
Fax:
Email: wballard@brazoscountytx.gov
SBN: 01653550
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Brazos County First Name: Anthony
First Name: Middle Name: F.
Middle Name: Last Name: Constant
Last Name: Suffix:
Page 7 of 61
Suffix: Law Firm Name: CONSTANT LAW FIRM
Pro Se: Address 1: 800 N. Shoreline Blvd.
Address 2: Ste. 2700 South
City: Corpus Christi
State: Texas Zip+4: 78401
Telephone: (361) 698-8000 ext.
Fax: (361)-887-8010
Email: office@constantlawfirm.com
SBN: 04711000
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Dallas County First Name: Russell
First Name: Middle Name:
Middle Name: Last Name: Roden
Last Name: Suffix:
Suffix: Law Firm Name: Dallas County District Attorney’s Office
Pro Se: Address 1: 411 Elm Street, Suite 500
Address 2:
City: Dallas
State: Texas Zip+4: 75202-3384
Telephone: (214) 653-7358 ext.
Fax:
Email: Russell.Roden@dallascounty.org
SBN: 17132070
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Dallas County First Name: Frank
First Name: Middle Name:
Middle Name: Last Name: Waite
Last Name: Suffix:
Suffix: Law Firm Name: Dallas County District Attorney’s Office
Pro Se: Address 1: 411 Elm Street, Suite 500
Address 2:
City: Dallas
State: Texas Zip+4: 75202-338
Telephone: (214) 653-7358 ext.
Fax:
Email: Frank.Waite@dallascounty.org
SBN: 20667300
Page 8 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Dallas County First Name: George (Tex)
First Name: Middle Name:
Middle Name: Last Name: Quesada
Last Name: Suffix:
Suffix: Law Firm Name: SOMMERMAN, MCCAFFITY & QUESADA,
LLP
Pro Se: Address 1: 3811 Turtle Creek Blvd., Suite 1400
Address 2:
City: Dallas
State: Texas Zip+4: 75219-449
Telephone: (214) 720-0720 ext.
Fax:
Email:
SBN: 16427750
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Dallas County First Name: Andrew
First Name: Middle Name: B.
Middle Name: Last Name: Sommerman
Last Name: Suffix:
Suffix: Law Firm Name: SOMMERMAN, MCCAFFITY & QUESADA,
LLP
Pro Se: Address 1: 3811 Turtle Creek Blvd., Suite 1400
Address 2:
City: Dallas
State: Texas Zip+4: 75219-449
Telephone: (214) 720-0720 ext.
Fax:
Email: andrew@textrial.com
SBN: 18842150
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Dallas County First Name: Anthony
First Name: Middle Name: F.
Middle Name: Last Name: Constant
Last Name: Suffix:
Page 9 of 61
Suffix: Law Firm Name: CONSTANT LAW FIRM
Pro Se: Address 1: 800 N. Shoreline Blvd
Address 2: Suite 2700 South
City: Corpus Christi
State: Texas Zip+4: 78401
Telephone: (361) 698-8000 ext.
Fax: (361)-887-8010
Email: office@constantlawfirm.com
SBN: 04711000
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Denton County First Name: Paul
First Name: Middle Name:
Middle Name: Last Name: Johnson
Last Name: Suffix:
Suffix: Law Firm Name: Denton County District Attorney
Pro Se: Address 1: 1450 E. McKinney Suite 3100
Address 2:
City: Denton
State: Texas Zip+4: 76209
Telephone: (940) 349-2600 ext.
Fax:
Email:
SBN: 10778100
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Denton County First Name: Anthony
First Name: Middle Name: F.
Middle Name: Last Name: Constant
Last Name: Suffix:
Suffix: Law Firm Name: CONSTANT LAW FIRM
Pro Se: Address 1: 800 N. Shoreline Blvd
Address 2: Suite 2700 South
City: Corpus Christi
State: Texas Zip+4: 78401
Telephone: (361) 698-8000 ext.
Fax: 361-887-8010
Email: office@constantlawfirm.com
SBN: 04711000
Page 10 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Ector County First Name: Daniel
First Name: Middle Name: W.
Middle Name: Last Name: Ray
Last Name: Suffix:
Suffix: Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Pro Se: Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State: Texas Zip+4: 75403-135
Telephone: (903) 454-0044 ext.
Fax: (903) 454-1514
Email: daniel@scottraylaw.com
SBN: 24046685
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Ector County First Name: Abigail
First Name: Middle Name: K.
Middle Name: Last Name: Sullivan
Last Name: Suffix:
Suffix: Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Pro Se: Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State: Texas Zip+4: 75403-135
Telephone: (903) 454-0044 ext.
Fax: (903) 454-1514
Email: abigail@scottraylaw.com
SBN: 24077300
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Ector County First Name: Katrina
First Name: Middle Name: M.
Middle Name: Last Name: Pemberton
Last Name: Suffix:
Page 11 of 61
Suffix: Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Pro Se: Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State: Texas Zip+4: 75403-135
Telephone: (903) 454-0044 ext.
Fax: (903) 454-1514
Email: katrina@scottraylaw.com
SBN: 24089357
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Ector County First Name: Markus
First Name: Middle Name: A.
Middle Name: Last Name: Goll
Last Name: Suffix:
Suffix: Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Pro Se: Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State: Texas Zip+4:
Telephone: (903) 454-0044 ext.
Fax: (903) 454-1514
Email: mark@scottraylaw.com
SBN: 24089640
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: El Paso County First Name: Jo Anne
First Name: Middle Name:
Middle Name: Last Name: Bernal
Last Name: Suffix:
Suffix: Law Firm Name: El Paso County Attorney
Pro Se: Address 1: 500 East San Antonio
Address 2: Room 503
City: El Paso
State: Texas Zip+4: 79901
Telephone: (915) 546-2050 ext.
Fax:
Email: Joanne.bernal@epcounty.com
SBN: 02208720
Page 12 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: El Paso County First Name: John
First Name: Middle Name: E.
Middle Name: Last Name: Untereker
Last Name: Suffix:
Suffix: Law Firm Name: El Paso County Attorney
Pro Se: Address 1: 500 East San Antonio
Address 2: Room 503
City: El Paso
State: Texas Zip+4: 79901
Telephone: (915) 546-2050 ext.
Fax:
Email:
SBN: 24080627
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: El Paso County First Name: Benny
First Name: Middle Name:
Middle Name: Last Name: Agosto
Last Name: Suffix: Jr.
Suffix: Law Firm Name: ABRAHAM, WATKINS, NICHOLS,
SORRELS, AGOSTO & FRIEND
Pro Se: Address 1: 800 Commerce Street
Address 2:
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 222-7211 ext.
Fax: (713) 225-0827
Email: bagosto@abrahamwatkins.com
SBN: 00794981
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Muhammad
First Name: Middle Name: S.
Middle Name: Last Name: Aziz
Last Name: Suffix:
Page 13 of 61
Suffix: Law Firm Name: ABRAHAM, WATKINS, NICHOLS,
SORRELS, AGOSTO & FRIEND
Pro Se: Address 1: 800 Commerce Street
Address 2:
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 222-7211 ext.
Fax: (713) 225-0827
Email: maziz@abrahamwatkins.com
SBN: 24043538
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: El Paso County First Name: Carmen
First Name: Middle Name: I.
Middle Name: Last Name: Perez
Last Name: Suffix:
Suffix: Law Firm Name: DELGADO, ACOSTA, SPENCER,
LINEBARGER & PEREZ, LLP
Pro Se: Address 1: 221 North Kansas St. Suite 1400
Address 2:
City: El Paso
State: Texas Zip+4: 79901
Telephone: (915) 533-6637 ext.
Fax:
Email: CarmenP@lgbs.com
SBN: 00788182
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: El Paso County First Name: Hector
First Name: Middle Name:
Middle Name: Last Name: Delgado
Last Name: Suffix:
Suffix: Law Firm Name: DELGADO, ACOSTA, SPENCER,
LINEBARGER & PEREZ, LLP
Pro Se: Address 1: 221 North Kansas St. Suite 1400
Address 2:
City: El Paso
State: Texas Zip+4: 79901
Telephone: (915) 533-6637 ext.
Fax:
Email:
SBN: 05725750
Page 14 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: El Paso County First Name: Richard
First Name: Middle Name:
Middle Name: Last Name: Mithoff
Last Name: Suffix:
Suffix: Law Firm Name: MITHOFF LAW
Pro Se: Address 1: One Allen Center, Penthouse
Address 2: 500 Dallas Street
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 654-1122 ext.
Fax: (713) 739-8085
Email: rmithoff@mithofflaw.com
SBN: 14228500
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: El Paso County First Name: Sherie
First Name: Middle Name: Potts
Middle Name: Last Name: Beckman
Last Name: Suffix:
Suffix: Law Firm Name: MITHOFF LAW
Pro Se: Address 1: One Allen Center, Penthouse
Address 2: 500 Dallas Street
City: Houston
State: Texas Zip+4:
Telephone: (713) 654-1122 ext.
Fax: (713) 739-8085
Email: sbeckman@mithoflaw.com
SBN: 16182400
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Warner
First Name: Middle Name: V.
Middle Name: Last Name: Hocker
Last Name: Suffix:
Page 15 of 61
Suffix: Law Firm Name: MITHOFF LAW
Pro Se: Address 1: One Allen Center, Penthouse
Address 2: 500 Dallas Street
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 654-1122 ext.
Fax: (713) 739 8085
Email: whocker@mithofflaw.com
SBN: 24074422
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: El Paso County First Name: Debra
First Name: Middle Name: Tsuchiyama
Middle Name: Last Name: Baker
Last Name: Suffix:
Suffix: Law Firm Name: BAKER •WOTRING LLP
Pro Se: Address 1: 700 JPMorgan Chase Tower
Address 2: 600 Travis Street
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 980-1700 ext.
Fax:
Email: dbaker@bakerwotring.com
SBN: 15089600
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: El Paso County First Name: Earnest
First Name: Middle Name: W.
Middle Name: Last Name: Wotring
Last Name: Suffix:
Suffix: Law Firm Name: BAKER •WOTRING LLP
Pro Se: Address 1: 700 JPMorgan Chase Tower
Address 2: 600 Travis Street
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 980-1700 ext.
Fax:
Email: ewotring@bakerwotring.com
SBN: 22012400
Page 16 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: John
First Name: El Paso County Middle Name:
Middle Name: Last Name: Muir
Last Name: Suffix:
Suffix: Law Firm Name: BAKER •WOTRING LLP
Pro Se: Address 1: 700 JPMorgan Chase Tower
Address 2: 600 Travis Street
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 980-1700 ext.
Fax:
Email: jmuir@bakerwotring.com
SBN: 14630477
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: El Paso County First Name: David
First Name: Middle Name:
Middle Name: Last Name: George
Last Name: Suffix:
Suffix: Law Firm Name: BAKER •WOTRING LLP
Pro Se: Address 1: 700 JPMorgan Chase Tower
Address 2: 600 Travis Street
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 980-1700 ext.
Fax:
Email: dgeorge@bakerwotring.com
SBN: 00793212
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Hidalgo County First Name: Gregory
First Name: Middle Name: F.
Middle Name: Last Name: Cox
Last Name: Suffix:
Page 17 of 61
Suffix: Law Firm Name: MOSTYN LAW
Pro Se: Address 1: 6280 Delaware Street
Address 2:
City: Beaumont
State: Texas Zip+4: 77706
Telephone: (409) 832-2777 ext.
Fax: gfcox@mostynlaw.com
Email:
SBN: 00793561
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Hidalgo County First Name: Mark
First Name: Middle Name: C.
Middle Name: Last Name: Sparks
Last Name: Suffix:
Suffix: Law Firm Name: MOSTYN LAW
Pro Se: Address 1: 6280 Delaware Street
Address 2:
City: Beaumont
State: Texas Zip+4: 77706
Telephone: (409) 832-2777 ext.
Fax:
Email: mark@mostynlaw.com
SBN: 24000273
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Hidalgo County First Name: Michael
First Name: Middle Name: A.
Middle Name: Last Name: Downey
Last Name: Suffix:
Suffix: Law Firm Name: MOSTYN LAW
Pro Se: Address 1: 6280 Delaware Street
Address 2:
City: Beaumont
State: Texas Zip+4: 77706
Telephone: (409) 832-2777 ext.
Fax:
Email: madowney@mostynlaw.com
SBN: 24087445
Page 18 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Hunt County First Name: Daniel
First Name: Middle Name: W.
Middle Name: Last Name: Ray
Last Name: Suffix:
Suffix: Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Pro Se: Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State: Texas Zip+4: 75403-135
Telephone: (903) 454-0044 ext.
Fax: (903) 454-1514
Email: daniel@scottraylaw.com
SBN: 24046685
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Hunt County First Name: Abigail
First Name: Middle Name: K.
Middle Name: Last Name: Sullivan
Last Name: Suffix:
Suffix: Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Pro Se: Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State: Texas Zip+4: 75403-135
Telephone: (903) 454-0044 ext.
Fax: (903) 454-1514
Email: abigail@scottraylaw.com
SBN: 24077300
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Hunt County First Name: Katrina
First Name: Middle Name: M.
Middle Name: Last Name: Pemberton
Last Name: Suffix:
Page 19 of 61
Suffix: Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Pro Se: Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State: Texas Zip+4: 75403-135
Telephone: (903) 454-0044 ext.
Fax: (903) 454-1514
Email: katrina@scottraylaw.com
SBN: 24089357
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Hunt County First Name: Markus
First Name: Middle Name: A.
Middle Name: Last Name: Goll
Last Name: Suffix:
Suffix: Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Pro Se: Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State: Texas Zip+4:
Telephone: (903) 454-0044 ext.
Fax: (903) 454-1514
Email: mark@scottraylaw.com
SBN: 24089640
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Hunt County First Name: Joshua
First Name: Middle Name: Clay
Middle Name: Last Name: Pearson
Last Name: Suffix:
Suffix: Law Firm Name: MILLER & PEARSON, P.C.
Pro Se: Address 1: 520 S. Main Street
Address 2: P.O. Box 84
City: Belton
State: Texas Zip+4: 76513
Telephone: (254) 939-3995 ext.
Fax: (254) 939-3996
Email:
SBN: 24077508
Page 20 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Jefferson County First Name: Kathleen
First Name: Middle Name:
Middle Name: Last Name: Kennedy
Last Name: Suffix:
Suffix: Law Firm Name: Jefferson County Criminal District Attorney’s
Office
Pro Se: Address 1: 1085 Pear St., 3rd Floor
Address 2:
City: Beaumont
State: Texas Zip+4: 77701
Telephone: (409) 835-8577 ext.
Fax:
Email: kkennedy@co.jefferson.tx.us
SBN: 00798314
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Jefferson County First Name: Anthony
First Name: Middle Name: F.
Middle Name: Last Name: Constant
Last Name: Suffix:
Suffix: Law Firm Name: CONSTANT LAW FIRM
Pro Se: Address 1: 800 N. Shoreline Blvd.
Address 2: Ste. 2700 South
City: Corpus Christi
State: Texas Zip+4: 78401
Telephone: (361) 698-8000 ext.
Fax: 361-887-8010
Email: office@constantlawfirm.com
SBN: 04711000
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Lubbock County First Name: Matthew
First Name: Middle Name: D.
Middle Name: Last Name: Powell
Last Name: Suffix:
Page 21 of 61
Suffix: Law Firm Name: Lubbock County Criminal District Attorney’s
Office Civil Division
Pro Se: Address 1: 916 Main St., Ste. 301
Address 2:
City: Lubbock
State: Texas Zip+4:
Telephone: (806) 775-1112 ext.
Fax:
Email:
SBN: 00784782
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Lubbock County First Name: Morgan
First Name: Middle Name: D.
Middle Name: Last Name: Vaughan
Last Name: Suffix:
Suffix: Law Firm Name: Lubbock County Criminal District Attorney’s
Office Civil Division
Pro Se: Address 1: 916 Main St., Ste. 301
Address 2:
City: Lubbock
State: Texas Zip+4:
Telephone: (806) 775-1112 ext. 79401
Fax:
Email: mvaughan@lubbockcda.com
SBN: 24060769
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Lubbock County First Name: R.
First Name: Middle Name: Neal
Middle Name: Last Name: Burt
Last Name: Suffix:
Suffix: Law Firm Name: Lubbock County Criminal District Attorney’s
Office Civil Division
Pro Se: Address 1: 916 Main St., Ste. 301
Address 2:
City: Lubbock
State: Texas Zip+4: 79401
Telephone: (806) 775-1112 ext.
Fax:
Email:
SBN: 03475450
Page 22 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Lubbock County First Name: Anthony
First Name: Middle Name: F.
Middle Name: Last Name: Constant
Last Name: Suffix:
Suffix: Law Firm Name: CONSTANT LAW FIRM
Pro Se: Address 1: 800 N. Shoreline Blvd.
Address 2: Ste. 2700 South
City: Corpus Christi
State: Texas Zip+4: 78401
Telephone: (361) 698-8000 ext.
Fax: 361-887-8010
Email: office@constantlawfirm.com
SBN: 04711000
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Montgomery County First Name: JD
First Name: Middle Name:
Middle Name: Last Name: Lambright
Last Name: Suffix:
Suffix: Law Firm Name: Montgomery County Attorney
Pro Se: Address 1: 501 North Thompson, Suite 300
Address 2:
City: Conroe
State: Texas Zip+4: 77301
Telephone: (936) 539-7828 ext.
Fax:
Email: jd.lambright@mctx.org
SBN: 24012996
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Montgomery County First Name: Mike
First Name: Middle Name:
Middle Name: Last Name: Stafford
Last Name: Suffix:
Page 23 of 61
Suffix: Law Firm Name: GARDERE WYNNE SEWELL L.L.P.
Pro Se: Address 1: 1000 Louisiana Street, Suite 2000
Address 2:
City: Houston
State: Texas Zip+4: 77002-500
Telephone: (713) 276-5500 ext.
Fax:
Email: mstafford@gardere.com
SBN: 18996970
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Montgomery County First Name: Katharine
First Name: Middle Name: D.
Middle Name: Last Name: David
Last Name: Suffix:
Suffix: Law Firm Name: GARDERE WYNNE SEWELL L.L.P.
Pro Se: Address 1: 1000 Louisiana Street, Suite 2000
Address 2:
City: Houston
State: Texas Zip+4: 77002-500
Telephone: (713) 276-5500 ext.
Fax:
Email: kdavid@gardere.com
SBN: 24045749
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Montgomery County First Name: James
First Name: Middle Name: G.
Middle Name: Last Name: Munisteri
Last Name: Suffix:
Suffix: Law Firm Name: GARDERE WYNNE SEWELL L.L.P.
Pro Se: Address 1: 1000 Louisiana Street, Suite 2000
Address 2:
City: Houston
State: Texas Zip+4: 77002-500
Telephone: (713) 276-5500 ext.
Fax:
Email: jmunisteri@gardere.com
SBN: 14667380
Page 24 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Montgomery County First Name: Ben
First Name: Middle Name:
Middle Name: Last Name: Stephens
Last Name: Suffix:
Suffix: Law Firm Name: GARDERE WYNNE SEWELL L.L.P.
Pro Se: Address 1: 1000 Louisiana Street, Suite 2000
Address 2:
City: Houston
State: Texas Zip+4: 77002-500
Telephone: (713) 276-5500 ext.
Fax:
Email: bstephens@gardere.com
SBN: 24098472
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Nueces County First Name: Laura
First Name: Middle Name: Garza
Middle Name: Last Name: Jimenez
Last Name: Suffix:
Suffix: Law Firm Name: Nueces County Attorney
Pro Se: Address 1: 901 Leopard Street, Room 207
Address 2:
City: Corpus Christi
State: Texas Zip+4: 78401
Telephone: (361) 888-0391 ext.
Fax:
Email: Laura.jimenez@nuescesco.com
SBN: 10667400
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Nueces County First Name: Robert
First Name: Middle Name:
Middle Name: Last Name: Hilliard
Last Name: Suffix:
Page 25 of 61
Suffix: Law Firm Name: HILLIARD MUNOZ GONZALES LLP
Pro Se: Address 1: 719 S. Shoreline, Suite 500
Address 2:
City: Corpus Christi
State: Texas Zip+4: 78401
Telephone: (361) 882-1612 ext.
Fax:
Email: bobh@hmglawfirm.com
SBN: 09677700
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: John
First Name: Nueces County Middle Name:
Middle Name: Last Name: Martinez
Last Name: Suffix:
Suffix: Law Firm Name: HILLIARD MUNOZ GONZALES LLP
Pro Se: Address 1:
Address 2:
City:
State: Texas Zip+4:
Telephone: ext.
Fax:
Email: John@hmglawfirm.com
SBN: 24013441
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Nueces County First Name: Anthony
First Name: Middle Name: F.
Middle Name: Last Name: Constant
Last Name: Suffix:
Suffix: Law Firm Name: CONSTANT LAW FIRM
Pro Se: Address 1: 800 N. Shoreline Blvd.
Address 2: Ste. 2700 South
City: Corpus Christi
State: Texas Zip+4: 78401
Telephone: (361) 698-8000 ext.
Fax: (361) 887-8010
Email: office@constantlawfirm.com
SBN: 04711000
Page 26 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Parker County First Name: John
First Name: Middle Name:
Middle Name: Last Name: Forrest
Last Name: Suffix:
Suffix: Law Firm Name: Parker County Attorney
Pro Se: Address 1: 118 W. Columbia St.
Address 2:
City: Weatherford
State: Texas Zip+4: 76086
Telephone: (817) 594-8409 ext.
Fax:
Email: John.forrest@parkercountytx.com
SBN: 00796567
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Parker County First Name: Anthony
First Name: Middle Name: F.
Middle Name: Last Name: Constant
Last Name: Suffix:
Suffix: Law Firm Name: CONSTANT LAW FIRM
Pro Se: Address 1: 800 N. Shoreline Blvd.,
Address 2: Ste. 2700 South
City: Corpus Christi
State: Texas Zip+4: 78401
Telephone: (361) 698-8000 ext.
Fax: (361) 887-8010
Email: office@constantlawfirm.com
SBN: 04711000
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: Sharon
First Name: Middle Name:
Middle Name: Last Name: Wilson
Last Name: Suffix:
Page 27 of 61
Suffix: Law Firm Name: Tarrant County Criminal District Attorney
Pro Se: Address 1: 401 West Belknap Street
Address 2:
City: Fort Worth
State: Texas Zip+4: 76196
Telephone: (817) 884-2423 ext.
Fax:
Email:
SBN:
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: Vince
First Name: Middle Name:
Middle Name: Last Name: Cruz
Last Name: Suffix: Jr.
Suffix: Law Firm Name: Tarrant County Criminal District Attorney
Pro Se: Address 1: 401 West Belknap Street
Address 2:
City: Fort Worth
State: Texas Zip+4: 76196
Telephone: (817) 884-2423 ext.
Fax:
Email: vcruz@tarrantcountytx.gov
SBN: 05196600
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: Benny
First Name: Middle Name:
Middle Name: Last Name: Agosto
Last Name: Suffix: Jr.
Suffix: Law Firm Name: ABRAHAM, WATKINS, NICHOLS,
SORRELS, AGOSTO & FRIEND
Pro Se: Address 1: 800 Commerce Street
Address 2:
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 222-7211 ext.
Fax:
Email: bagosto@abrahamwatkins.com
SBN: 00794981
Page 28 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: Muhammad
First Name: Middle Name: S.
Middle Name: Last Name: Aziz
Last Name: Suffix:
Suffix: Law Firm Name: ABRAHAM, WATKINS, NICHOLS,
SORRELS, AGOSTO & FRIEND
Pro Se: Address 1: 800 Commerce Street
Address 2:
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 222-7211 ext.
Fax:
Email: maziz@abrahamwatkins.com
SBN: 24043538
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: Carmen
First Name: Middle Name: I.
Middle Name: Last Name: Perez
Last Name: Suffix:
Suffix: Law Firm Name: DELGADO, ACOSTA, SPENCER,
LINEBARGER & PEREZ, LLP
Pro Se: Address 1:
Address 2: 221 North Kansas St. Suite 1400
City: El Paso
State: Texas Zip+4: 79901
Telephone: (915) 533-6637 ext.
Fax:
Email: CarmenP@lgbs.com
SBN: 00788182
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: Richard
First Name: Middle Name:
Middle Name: Last Name: Mithoff
Last Name: Suffix:
Page 29 of 61
Suffix: Law Firm Name: MITHOFF LAW
Pro Se: Address 1: One Allen Center, Penthouse
Address 2: 500 Dallas Street
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 654-1122 ext.
Fax:
Email: rmithoff@mithofflaw.com
SBN: 14228500
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: Sherie
First Name: Middle Name: Potts
Middle Name: Last Name: Beckman
Last Name: Suffix:
Suffix: Law Firm Name: MITHOFF LAW
Pro Se: Address 1: One Allen Center, Penthouse
Address 2: 500 Dallas Street
City: Houston
State: Texas Zip+4: 77002
Telephone: ext.
Fax:
Email: sbeckman@mithoflaw.com
SBN: 16182400
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: Warner
First Name: Middle Name: V.
Middle Name: Last Name: Hocker
Last Name: Suffix:
Suffix: Law Firm Name: MITHOFF LAW
Pro Se: Address 1: One Allen Center, Penthouse
Address 2: 500 Dallas Street
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 654-1122 ext.
Fax:
Email: whocker@mithofflaw.com
SBN: 24074422
Page 30 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: Debra
First Name: Middle Name: Tsuchiyama
Middle Name: Last Name: Baker
Last Name: Suffix:
Suffix: Law Firm Name: BAKER •WOTRING LLP
Pro Se: Address 1: 700 JPMorgan Chase Tower
Address 2: 600 Travis Street
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 980-1700 ext.
Fax:
Email: dbaker@bakerwotring.com
SBN: 15089600
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: Earnest
First Name: Middle Name: W.
Middle Name: Last Name: Wotring
Last Name: Suffix:
Suffix: Law Firm Name: BAKER •WOTRING LLP
Pro Se: Address 1: 700 JPMorgan Chase Tower
Address 2: 600 Travis Street
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 980-1700 ext.
Fax:
Email: ewotring@bakerwotring.com
SBN: 22012400
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: John
First Name: Middle Name:
Middle Name: Last Name: Muir
Last Name: Suffix:
Page 31 of 61
Suffix: Law Firm Name: BAKER •WOTRING LLP
Pro Se: Address 1: 700 JPMorgan Chase Tower
Address 2: 600 Travis Street
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 980-1700 ext.
Fax:
Email: jmuir@bakerwotring.com
SBN: 14630477
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: David
First Name: Middle Name:
Middle Name: Last Name: George
Last Name: Suffix:
Suffix: Law Firm Name: BAKER •WOTRING LLP
Pro Se: Address 1: 700 JPMorgan Chase Tower
Address 2: 600 Travis Street
City: Houston
State: Texas Zip+4: 77002
Telephone: (713) 980-1700 ext.
Fax:
Email: dgeorge@bakerwotring.com
SBN: 00793212
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Tarrant County First Name: Brantley
First Name: Middle Name: W.
Middle Name: Last Name: White
Last Name: Suffix:
Suffix: Law Firm Name: BRANTLEY W. WHITE, ATTORNEY AT
LAW
Pro Se: Address 1:
Address 2:
City:
State: Texas Zip+4:
Telephone: ext.
Fax:
Email: BrantleyWWhite@gmail.com
SBN: 00789722
Page 32 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Taylor County First Name: James
First Name: Middle Name: B.
Middle Name: Last Name: Hicks
Last Name: Suffix: III.
Suffix: Law Firm Name: Taylor County Criminal District Attorney’s
Office
Pro Se: Address 1: 300 Oak St., Ste. 300
Address 2:
City: Abilene
State: Texas Zip+4: 79602
Telephone: ext.
Fax:
Email: hicksj@taylorcountytexas.org
SBN: 09577300
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Taylor County First Name: Frank
First Name: Middle Name: R.
Middle Name: Last Name: Stamey
Last Name: Suffix:
Suffix: Law Firm Name: Taylor County Criminal District Attorney’s
Office
Pro Se: Address 1: 300 Oak St., Ste. 300
Address 2:
City: Abilene
State: Texas Zip+4: 79602
Telephone: (325) 674-1261 ext.
Fax:
Email: stameyf@taylorcountytexas.org
SBN: 19023900
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Taylor County First Name: Anthony
First Name: Middle Name: F.
Middle Name: Last Name: Constant
Last Name: Suffix:
Page 33 of 61
Suffix: Law Firm Name: CONSTANT LAW FIRM
Pro Se: Address 1: 800 N. Shoreline Blvd
Address 2: Ste. 2700 South
City: Corpus Christi
State: Texas Zip+4: 78401
Telephone: (361) 698-8000 ext.
Fax: (361) 887-8010
Email: office@constantlawfirm.com
SBN: 04711000
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Victoria County First Name: Kevin
First Name: Middle Name: D.
Middle Name: Last Name: Cullen
Last Name: Suffix:
Suffix: Law Firm Name: CULLEN, CARSNER, SEERDEN & CULLEN
L.L.P.
Pro Se: Address 1: 119 South Main Street
Address 2:
City: Victoria
State: Texas Zip+4: 77901
Telephone: (361) 573-6318 ext.
Fax:
Email: kcullen@cullenlawfirm.com
SBN: 5208625
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Victoria County First Name: Anthony
First Name: Middle Name: F.
Middle Name: Last Name: Constant
Last Name: Suffix:
Suffix: Law Firm Name: CONSTANT LAW FIRM
Pro Se: Address 1: 800 N. Shoreline Blvd.
Address 2: Ste. 2700 South
City: Corpus Christi
State: Texas Zip+4: 78401
Telephone: (361) 698-8000 ext.
Fax: (361) 887-8010
Email: office@constantlawfirm.com
SBN: 04711000
Page 34 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Walker County First Name: David
First Name: Middle Name: P.
Middle Name: Last Name: Weeks
Last Name: Suffix:
Suffix: Law Firm Name: Walker County Criminal District Attorney
Pro Se: Address 1: 1036 11th Street
Address 2:
City: Huntsville
State: Texas Zip+4: 77340
Telephone: (936) 435-2441 ext.
Fax:
Email: dweeks@co.walker.tx.us
SBN: 21065700
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Walker County First Name: Daniel
First Name: Middle Name: W.
Middle Name: Last Name: Ray
Last Name: Suffix:
Suffix: Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Pro Se: Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State: Texas Zip+4: 75403
Telephone: (903) 454-0044 ext.
Fax:
Email: daniel@scottraylaw.com
SBN: 24046685
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Walker County First Name: Abigail
First Name: Middle Name: K.
Middle Name: Last Name: Sullivan
Last Name: Suffix:
Page 35 of 61
Suffix: Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Pro Se: Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State: Texas Zip+4: 75403
Telephone: (903) 454-0044 ext.
Fax:
Email: abigail@scottraylaw.com
SBN: 24077300
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Walker County First Name: Katrina
First Name: Middle Name: M.
Middle Name: Last Name: Pemberton
Last Name: Suffix:
Suffix: Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Pro Se: Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State: Texas Zip+4: 75403
Telephone: (903) 454-0044 ext.
Fax:
Email: katrina@scottraylaw.com
SBN: 24089357
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Walker County First Name: Markus
First Name: Middle Name: A.
Middle Name: Last Name: Goll
Last Name: Suffix:
Suffix: Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Pro Se: Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State: Texas Zip+4: 75403
Telephone: (903) 454-0044 ext.
Fax:
Email: mark@scottraylaw.com
SBN: 24089640
Page 36 of 61
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Webb County First Name: Marco
First Name: Middle Name: A.
Middle Name: Last Name: Montemayor
Last Name: Suffix:
Suffix: Law Firm Name: Webb County Attorney
Pro Se: Address 1: 1110 Washington Street, Suite 301
Address 2:
City: Laredo
State: Texas Zip+4: 78040
Telephone: (956) 523-4044 ext.
Fax:
Email: marcmontemayor@webbcountytx.gov
SBN: 24025983
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Webb County First Name: Molly
First Name: Middle Name: Higgins
Middle Name: Last Name: Santos
Last Name: Suffix:
Suffix: Law Firm Name: Webb County Attorney
Pro Se: Address 1: 1110 Washington Street, Suite 301
Address 2:
City: Laredo
State: Texas Zip+4: 78040
Telephone: (956) 523-4044 ext.
Fax:
Email: mhiggins@webbcountytx.gov
SBN: 09599100
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Webb County First Name: Jorge
First Name: Middle Name: L.
Middle Name: Last Name: Trevino
Last Name: Suffix: Jr.
Page 37 of 61
Suffix: Law Firm Name: Webb County Attorney
Pro Se: Address 1: 1110 Washington Street, Suite 301
Address 2:
City: Laredo
State: Texas Zip+4: 78040
Telephone: (956) 523-4044 ext.
Fax:
Email: jltrevino@webbcountytx.gov
SBN: 24046994
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Paul
First Name: Webb County Middle Name: C.
Middle Name: Last Name: Saenz
Last Name: Suffix:
Suffix: Law Firm Name: THE LAW OFFICE OF PAUL C. SAENZ
Pro Se: Address 1: 1302 Washington Street
Address 2:
City: Laredo
State: Texas Zip+4: 78040-444
Telephone: (956) 723-5520 ext.
Fax:
Email: paul@saenzlaw.net
SBN: 24013441
III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: Webb County First Name: Anthony
First Name: Middle Name: F.
Middle Name: Last Name: Constant
Last Name: Suffix:
Suffix: Law Firm Name: CONSTANT LAW FIRM
Pro Se: Address 1: 800 N. Shoreline Blvd.
Address 2: Ste. 2700 South
City: Corpus Christi
State: Texas Zip+4: 78401
Telephone: (361) 698-8000 ext.
Fax: (361) 887-8010
Email: office@constantlawfirm.com
SBN: 04711000
Page 38 of 61
V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Other
Date order or judgment signed: September 30, 2016 Type of judgment: Interlocutory Order
Date notice of appeal filed in trial court: October 18, 2016
If mailed to the trial court clerk, also give the date mailed: n/a
Interlocutory appeal of appealable order: Yes No
If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Accelerated appeal (See TRAP 28): Yes No
If yes, please specify statutory or other basis on which appeal is accelerated:
The appeal is accelerated because it is interlocutory
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:
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
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 Yes No If yes, date filed:
and Conclusions of Law:
Yes No If yes, date filed:
Motion to Reinstate:
Yes No If yes, date filed:
Motion under TRCP 306a:
Other: Yes No
If other, please specify:
VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)
Affidavit filed in trial court: Yes No If yes, date filed:
Contest filed in trial court: Yes No If yes, date filed:
Date ruling on contest due:
Ruling on contest: Sustained Overruled Date of ruling:
Page 39 of 61
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: 353rd Judicial District (Pretrial MDLCourt No. 15.0884) Clerk's Record:
County: Travis Trial Court Clerk: District County
Trial Court Docket Number (Cause No.): D-1-GN-16-000370 Was clerk's record requested? Yes No
If yes, date requested:
Trial Judge (who tried or disposed of case): If no, date it will be requested: Record will be filed as a sworn r
First Name: Tim Were payment arrangements made with clerk?
Middle Name: Yes No Indigent
Last Name: Sulak
(Note: No request required under TRAP 34.5(a),(b))
Suffix:
Address 1: 353rd Judicial District Court, Travis County
Address 2 :
City: Austin
State: Texas Zip + 4:
Telephone: ext.
Fax:
Email:
Reporter's or Recorder's Record:
Is there a reporter's record? Yes No
Was reporter's record requested? Yes No
Was there a reporter's record electronically recorded? Yes No
If yes, date requested:
If no, date it will be requested:
Were payment arrangements made with the court reporter/court recorder? Yes No Indigent
Page 40 of 61
Court Reporter Court Recorder
Official 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: Yes No If yes, date filed:
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, 9th, 10th, 11th, 12th, 13th,
or 14th Court of Appeal)
Should this appeal be referred to mediation?
Yes No
If no, please specify:
Has the 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?
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:
Page 41 of 61
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?
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 name, address, telephone, fax and email address:
Name Address Telephone Fax Email
Languages other than English in which the mediator should be proficient:
Name of person filing 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 number, and style.
Docket Number: 03-16-00673-CV Trial Court: Travis County District Court
Style: The State of Texas
Vs.
Bexar County, et al.
Page 42 of 61
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 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 an affidavit of Indigency 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? 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 an Affidavit of Indigency 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
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, if known (without
prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).
XV. Signature
Signature of counsel (or pro se party) Date: October 28, 2016
Printed Name: Kristofer S. Monson State Bar No.: 24037129
Electronic Signature: /s/ Kristofer S. Monson
(Optional)
Page 43 of 61
XVI. 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 October 28, 2016 .
Signature of counsel (or pro se party) Electronic Signature: /s/ Kristofer S. Monson
(Optional)
State Bar No.: 24037129
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: October 28, 2016
Manner Served: eServed
First Name: Nicholas
Middle Name:
Last Name: LaHood
Suffix:
Law Firm Name: Bexar County Criminal District Attorney
Address 1: Paul Elizondo Tower
Address 2: 101 W. Nueva, 4th Floor
City: San Antonio
State Texas Zip+4: 78205
Telephone: (210) 335-2342 ext.
Fax:
Email: n.lahood@bexar.org
If Attorney, Representing Party's Name: Bexar County
Please enter the following for each person served:
Page 44 of 61
Date Served: October 28, 2016
Manner Served: eServed
First Name: Robert
Middle Name: C.
Last Name: Hilliard
Suffix:
Law Firm Name: HILLIARD, MUÑOZ & GONZALES, L.L.P.
Address 1: 719 S. Shoreline, Suite 500
Address 2:
City: Corpus Christi
State Texas Zip+4: 78411
Telephone: (361) 882-1612 ext.
Fax:
Email: bobh@hmglawfirm.com
If Attorney, Representing Party's Name: Bexar County, Nueces County
Please enter the following for each person served:
Date Served: October 28, 2016
Manner Served: eServed
First Name: Rodney
Middle Name: W.
Last Name: Anderson
Suffix:
Law Firm Name: Brazos County Attorney's Office
Address 1: 300 East 26th Street, Suite 1300
Address 2:
City: Bryan
State Texas Zip+4: 77803
Telephone: (979) 361-4300 ext.
Fax:
Email: randerson@brazoscountytx.gov
If Attorney, Representing Party's Name: Brazos County
Please enter the following for each person served:
Page 45 of 61
Date Served: October 28, 2016
Manner Served: eServed
First Name: William
Middle Name: D.
Last Name: Ballard
Suffix: Jr.
Law Firm Name: Brazos County Attorney’s Office
Address 1: 300 East 26th Street, Suite 1300
Address 2:
City: Bryan
State Texas Zip+4: 77803
Telephone: (979) 361-4300 ext.
Fax:
Email: wballard@brazoscountytx.gov
If Attorney, Representing Party's Name: Brazos County
Please enter the following for each person served:
Date Served: October 28, 2016
Manner Served: eServed
First Name: Russell
Middle Name:
Last Name: Roden
Suffix:
Law Firm Name: Dallas County District Attorney’s Office
Address 1: 411 Elm Street, Suite 500
Address 2:
City: Dallas
State Texas Zip+4: 75202-338
Telephone: (214) 653-7358 ext.
Fax:
Email: Russell.Roden@dallascounty.org
If Attorney, Representing Party's Name: Dallas County
Please enter the following for each person served:
Page 46 of 61
Date Served: October 28, 2016
Manner Served: eServed
First Name: Andrew
Middle Name: B.
Last Name: Sommerman
Suffix:
Law Firm Name: SOMMERMAN, MCCAFFITY & QUESADA,
Address 1: 3811 Turtle Creek Blvd., Suite 1400
Address 2:
City: Dallas
State Texas Zip+4: 75219-449
Telephone: (214) 720-0720 ext.
Fax:
Email: andrew@textrial.com
If Attorney, Representing Party's Name: Dallas County
Please enter the following for each person served:
Date Served: October 28, 2016
Manner Served: eServed
First Name: Paul
Middle Name:
Last Name: Johnson
Suffix:
Law Firm Name: Denton County District Attorney
Address 1: 1450 E. McKinney Suite 3100
Address 2:
City: Denton
State Texas Zip+4: 76209
Telephone: (940) 349-2600 ext.
Fax:
Email: paul.johnson@dentoncounty.com
If Attorney, Representing Party's Name: Denton County
Please enter the following for each person served:
Page 47 of 61
Date Served: October 28, 2016
Manner Served: eServed
First Name: Daniel
Middle Name: W.
Last Name: Ray
Suffix:
Law Firm Name: SCOTT, RAY & SULLIVAN, PLLC
Address 1: 2608 Stonewall Street
Address 2:
City: Greenville
State Texas Zip+4: 75403
Telephone: (903) 454-0044 ext.
Fax:
Email: mark@scottraylaw.com
If Attorney, Representing Party's Name: Ector County, Hunt County, Walker County
Please enter the following for each person served:
Date Served: October 28, 2016
Manner Served: eServed
First Name: Jo Anne
Middle Name:
Last Name: Bernal
Suffix:
Law Firm Name: El Paso County Attorney
Address 1: 500 East San Antonio, Room 503
Address 2:
City: El Paso
State Texas Zip+4: 79901
Telephone: (915) 546-2050 ext.
Fax:
Email: Joanne.bernal@epcounty.com
If Attorney, Representing Party's Name: El Paso County
Please enter the following for each person served:
Page 48 of 61
Date Served: October 28, 2016
Manner Served: eServed
First Name: Benny
Middle Name:
Last Name: Agosto
Suffix:
Law Firm Name: ABRAHAM, WATKINS, NICHOLS, SORREL
Address 1: 800 Commerce Street
Address 2:
City: Houston
State Texas Zip+4: 77002
Telephone: (713) 222-7211 ext.
Fax:
Email: bagosto@abrahamwatkins.com
If Attorney, Representing Party's Name: El Paso County, Tarrant County
Please enter the following for each person served:
Date Served: October 28, 2016
Manner Served: eServed
First Name: Carmen
Middle Name: I.
Last Name: Perez
Suffix:
Law Firm Name: DELGADO, ACOSTA, SPENCER, LINEBARG
Address 1: 221 North Kansas St. Suite 1400
Address 2:
City: El Paso
State Texas Zip+4: 79901
Telephone: (915) 533-6637 ext.
Fax:
Email: CarmenP@lgbs.com
If Attorney, Representing Party's Name: El Paso County
Please enter the following for each person served:
Page 49 of 61
Date Served: October 28, 2016
Manner Served: eServed
First Name: Gregory
Middle Name: F.
Last Name: Cox
Suffix:
Law Firm Name: MOSTYN LAW
Address 1: 6280 Delaware Street
Address 2:
City: Beaumont
State Texas Zip+4: 77706
Telephone: (409) 832-2777 ext.
Fax:
Email: gfcox@mostynlaw.com
If Attorney, Representing Party's Name: Hidalgo County
Please enter the following for each person served:
Date Served: October 28, 2016
Manner Served: eServed
First Name: Kathleen
Middle Name:
Last Name: Kennedy
Suffix:
Law Firm Name: Jefferson County Criminal District Attorney’s O
Address 1: 1085 Pear St., 3rd Floor
Address 2:
City: Beaumont
State Texas Zip+4: 77701
Telephone: (409) 835-8577 ext.
Fax:
Email: kkennedy@co.jefferson.tx.us
If Attorney, Representing Party's Name: Jefferson County
Please enter the following for each person served:
Page 50 of 61
Date Served: October 28, 2016
Manner Served: eServed
First Name: Anthony
Middle Name: F.
Last Name: Constant
Suffix:
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Page 61 of 61
EXHIBIT B
No. 03-16-00718-CV
In the Court of Appeals
for the Third Judicial District
Austin, Texas
In Re Volkswagen Clean Diesel Litigation: Texas Clean
Air Act Enforcement Cases
On Appeal from the
353rd Judicial District Court, Travis County
MOTION TO STRIKE
TO THE HONORABLE THIRD COURT OF APPEALS:
While reserving the right to file a substantive response if one is requested, the
State moves to strike Volkswagen’s motion regarding the application of the
automatic stay under §51.014(b) of the Civil Practice and Remedies Code to cause
numbers that have not been appealed and, therefore, are not within this Court’s
appellate jurisdiction. Volkswagen’s motion (which cites only one, irrelevant,
rule of appellate procedure) was filed in the wrong proceeding and seeks relief
outside the scope of the Court’s appellate jurisdiction. The Court should strike it
and require Volkswagen to file an original proceeding seeking relief in the cases
where no interlocutory appeal has been filed.
Summary
The motion should be struck. Volkswagen itself recognizes that “Mandamus
relief is the appropriate remedy when a trial court refuses to recognize or enforce the
automatic stay provided by section 51.014(b).” Volkswagen Stay Mtn. at 13 n.43. Yet
Volkswagen has not pleaded the elements of mandamus, nor has it complied with the
original-proceeding rules. Accordingly, this filing should be struck as a non-
compliant mandamus filing. Tex. R. App. P. 52.
Taking the filing as an attempt to invoke the Court’s appellate, as opposed to
original, jurisdiction, it must still be struck. (1) Volkswagen is not a party to the 18
interlocutory appeals currently before the Court, which means it is not in a position
to invoke the Court’s interlocutory appellate jurisdiction and is thus unable to invoke
Rule 29.3’s exception to the original-proceeding requirements. And (2) the relief
Volkswagen seeks—a stay in the three causes initiated by the State of Texas, Fort
Bend County, and Harris County—would not be available under Rule 29.3 even if
Volkswagen were a party to any matter currently on appeal, because it would require
an act outside the Court’s appellate jurisdiction.
Argument
I.
Volkswagen includes the following sentence in its filing: “Mandamus relief is
the appropriate remedy when a trial court refuses to recognize or enforce the
automatic stay provided by section 51.014(b).” Volkswagen Stay Mtn. 13 n.43 (citing
Swanson v. Town of Shady Shores, No. 02-15-00351-CV, 2016 WL 4395779, at *4
(Tex. App.—Fort Worth 2016, no pet. h.) (orig. proceeding) (denying mandamus
relief), 1 and In re Tex. Educ. Agency 441 S.W.3d 747, 750 (Tex. App.—Austin 2014)
1The Swanson court issued a temporary stay order, but in a very different procedural posture that
implicated appellate jurisdiction. Because of procedural defects in the notice-of-appeal filings, the
2
(orig. proceeding) (granting mandamus relief). Indeed, as explained below, every
case on which Volkswagen relies involves original-jurisdiction proceedings.
Volkswagen’s statement is correct (although in some cases a writ of prohibition
would be a proper alternative to a writ of mandamus): To bring a complaint about
§ 51.014(b), a party should file an original proceeding.
The current filing does not meet Rule 52’s procedural requirements for invoking
original jurisdiction. See Tex. R. App. P. 52. And it cannot be construed as an
attempt to bring a mandamus parallel to an already-perfected appeal because (1)
Volkswagen has not filed a notice of appeal and (2) the motion does not attempt to
articulate the substantive elements for mandamus or prohibition relief. See, e.g., In re
Turner, No. 03-16-00367-CV, 2016 WL 4272121, at *1 (Tex. App.—Austin Aug. 9,
2016) (orig. proceeding) (mandamus petition must establish a clear abuse of
discretion and absence of an adequate remedy by appeal). Because the procedural
and substantive statements in the filing are insufficient to support the relief described
in the motion, the motion should be struck as an improperly filed original proceeding.
II.
In the alternative, if this filing is understood as an attempt to invoke the Court’s
appellate jurisdiction to impose temporary orders, it should likewise be struck as
defective. Volkswagen’s motion fundamentally misunderstands two concepts: (1)
Court had sua sponte issued a letter asking Swanson to establish appellate jurisdiction. The
temporary stay lasted until resolution of the jurisdictional question. See id. at *3. As explained
below, an appellate court’s powers to issue a stay are broader when appellate jurisdiction over the
cause being appealed is at issue. See infra, Part II.A. Swanson is not styled using the mandamus
convention because the court of appeals consolidated a separately-filed mandamus petition with
an interlocutory appeal. Id. at *2.
3
the nature of an MDL proceeding and (2) the scope of appellate jurisdiction. Under
the Rules of Judicial Administration, cases gathered into an MDL are not
consolidated, but remain in their various cause numbers. While the MDL court’s
coordinating orders apply to all the cases in the MDL, any case-specific orders are
entered in each separate case.
Appellate jurisdiction attaches only to the parties to an interlocutory order.
Tex. R. App. P. 25.1(b). Because Volkswagen was not a party to the pleas to the
jurisdiction on appeal in the various unconsolidated cause numbers in this case, has
not filed an appeal, and this appeal is not an appeal from the MDL proceeding as a
whole, Volkswagen is not a party to the appeals currently before the Court. And
while there are original remedies available to parties seeking relief in cases to which
the Court’s appellate jurisdiction has not yet attached, Volkswagen has made no
attempt to invoke those procedures.
Accordingly, because it was filed in a proceeding to which Volkswagen is not a
party and seeks relief beyond the scope of the Court’s appellate jurisdiction, the
motion should be struck.
A.
1. A multi-district-litigation court accepts transfer of multiple cases involving one
or more common questions of fact for resolution of pre-trial motions, but not for trial.
Tex. Gov’t Code § 74.162; see Tex. R. Judic. Admin. 13.5. The MDL
pretrial court has authority to decide, in place of the trial court, all pretrial matters.
Tex. R. Judic. Admin. 13.6(b). The cases are not consolidated by being
removed. See Tex. R. Judic. Admin. 13.6(c) (requiring separate files under a
4
single master MDL number, keeping each transferred case administratively
separate). This only makes sense, because each is subject to remand to the original
trial court. See Tex. R. Judic. Admin. 13.7. Accordingly, in this case, the denials
of the pleas to the jurisdiction were made in the cause number for each of the 18
separate cases, 2 rather than in the MDL cause number. And the notice of appeal is
filed in only those 18 separate cases, not from the entire Clean-Air-Act MDL
proceeding.
2. The Court’s appellate jurisdiction is triggered by a notice of appeal in a
particular case, which must arise from a judgment or an appealable interlocutory
order, which must be filed by any party that seeks to alter the judgment or order.
Tex. R. App. P. 25.1(a), (c). (Volkswagen has not filed a notice of appeal).
Jurisdiction is limited to parties to the judgment or interlocutory order being
appealed; the rule treats parties to the cause who are not party to the appeal as a
separate category. Tex. R. App. P. 25.1(b) (“The filing of a notice of appeal by
any party invokes the appellate court’s jurisdiction over all parties to the trial court’s
judgment or order appealed from.” (emphases added)). Thus, when an interlocutory
2 Volkswagen misstates the record when it states that the appeal is from 19 pleadings and when it
suggests that the State exempted only two counties from the scope of the pleas to the jurisdiction.
See Volkswagen Stay Mtn. at 5 ¶ 1. In fact, only 18 pleas to the jurisdiction were filed in the 18
relevant cause numbers, which resulted in an omnibus denial order entered separately in all of the
various cause numbers. The State filed a motion to strike Travis County in the State’s own-filed
lawsuit, but not a plea to the jurisdiction. Motions to strike an intervention must generally be ap-
pealed with the final judgment. Save our Springs Alliance, Inc. v. City of Kyle, No. , 2011 WL
4389929, at *1 (Tex. App.—Austin 2011) (order) (mem. op.). Thus, the State is not appealing the
motion to strike Travis County in this interlocutory appeal. Indeed, a main argument undergirding
the State’s request for a permissive interlocutory appeal was that it would allow the Court to re-
solve the Travis County issue (which relies on slightly different statutory language) at the same
time it resolves the other appellate issues.
5
appeal involves only some, but not all, parties to an underlying lawsuit, litigants who
are not parties to the order being appealed are not parties to the interlocutory appeal.
See Tex. R. App. P. 25.1(d) (distinguishing between parties to the appeal and
parties to the trial court proceeding in an interlocutory appeal).
* * *
To sum up, only a party to an interlocutory order is a party to the interlocutory
appeal of that order. And nothing in the rules suggests that a party in a separate cause
of action over which the court’s appellate jurisdiction has not yet attached is entitled
to petition the Court for relief.
B.
Volkswagen is not a party to the pleas to the jurisdiction that form the basis of
this appeal, because it was not a party to the denial of the 18 pleas to the jurisdiction
on appeal. The pleas to the jurisdiction were not filed against Volkswagen, and its
interest in the lawsuit would not be changed by the dismissal of some of the county
plaintiffs. E.g., CR.494-520 (verified plea, motion to dismiss, and motion to debate,
seeking relief only against Denton County). 3 Accordingly, by operation of Rule
25.1(b), Volkswagen is not a party to these appeals. This is necessarily true as a
practical as well as a procedural matter, because the Texas Clean Air Act measures
penalties by the total number of proven violations established at trial. See Tex.
3All of the State’s combined motions are limited to seeking relief against the particular county in
the lawsuit of which they were filed. See CR.216-7 (prayer for relief against Bexar County); CR.374-
375 (same for Brazos County); CR.431-32 (Dallas County); CR.575 (Ector County); CR.628-29
(El Paso County); CR.846-47 (Hidalgo County); CR.938 (Hunt County); CR.994-95 (Jefferson
County);
6
Water Code § 7.102 (setting penalty at an amount measured per violation, per
day). Volkswagen’s potential liability is not changed by the number of plaintiffs in
the lawsuit, as the Court recognized in denying the motion for permissive
interlocutory appeal. In re Volkswagen Clean Diesel Litigation, No. 03-16-00673-CV,
2016 WL 6575241, at *2 (Tex. App.—Austin Nov. 4, 2016) (orig. proceeding).
Even if Volkswagen could be a party to this interlocutory appeal, it has not filed
a notice of appeal within the deadline for doing so, and is at best in the situation of a
potential appellant who has failed to timely invoke the Court’s appellate jurisdiction.
Tex. R. App. P. 25.1(a); see Bahar v. Lyon Financial Servs., Inc., 330 S.W.3d 379,
387 (Tex. App.—Austin 2010, pet. denied) (failure to file appeal deprives court of
appellate jurisdiction); see also Wagner & Brown, Ltd. v. Horwood, 58 S.W.3d 732, 737
(Tex. 2001).
Not only is Volkswagen not a party to the appeal, but Volkswagen seeks a remedy
outside the scope of the Court’s appellate jurisdiction in this appeal: It seeks a stay
in other causes for which no notice of appeal has been filed. Because the Court’s
appellate jurisdiction has not been invoked in those causes, its appellate jurisdiction
does not extend to issuing stays in those causes. Tex. R. App. P. 25.1(b).
While Volkswagen is a party to the underlying proceedings, as contemplated by
Rule 25.1(d), it cannot avail itself of the only rule that would allow the Court to
impose a stay during appeal, Rule 29.3, 4 because that rule applies only to parties to
4
In interlocutory proceedings, there is a rule-based grant of authority to issue temporary orders
pending appeal when the same relief could not have been obtained through supersedeas. See Tex.
R. App. P. 29.2, .3. By its plain text, this grant is limited to orders regarding the parties’ rights.
Id. 29.3 (temporary orders “preserve the parties rights”). Some courts of appeals have held that,
7
the appeal. Because Volkswagen is not a party to this appeal—both because it is not
a party to the order and because it has not filed a notice of appeal—and seeks relief
in causes that are not yet subject to the Court’s appellate jurisdiction, its attempt to
invoke that appellate jurisdiction should be struck as improper. 5
because the rules of appellate procedure cannot enlarge the courts’ jurisdiction beyond that pro-
vided by the constitution, Rule 29.3 (like its predecessor) merely allows a party to an interlocutory
appeal to seek temporary relief without invoking the court’s original jurisdiction. E.g., Lamar
Builders, Inc. v. Guardian Sav. & Loan Ass’n, 786 S.W.2d 789, 791 (Tex. App.—Houston [1st Dist.]
1990, no writ) (interpreting predecessor rule). Others have suggested that the reference to the
“rights” of the parties substantively expands the scope of the courts’ powers on interlocutory ap-
peal. E.g., Oryon Technologies, Inc. v. Marcus, 429 S.W.3d 762, 766 (Tex. App.—Dallas 2014, no
pet.) (distinguishing Falcon v. Bonanza Capital, Ltd., No. 03-12-00132-CV, 2012 WL 1655809, at
*1 (Tex. App.—Austin 2012) (per curiam)). Regardless of whether the appellate-jurisdiction
standard or the “rights of the parties” standard applies, no court disagrees that Rule 29.3 is a grant
of authority to issue relief to the parties to an appeal that would otherwise require the filing of an
original proceeding. Accordingly, if Volkswagen is not a party, it cannot invoke Rule 29.3 and ob-
tain relaxation of the requirements of an original-proceeding filing.
Nor could Volkswagen necessarily frame a minimally valid Rule 29.3 claim based on its pro-
cedural arguments about a pending lawsuit. Even an expansive reading of Rule 29.3 requires the
movant to make a clear showing that a “right” is involved. Oryon Technologies, 429 S.W.3d at 766.
And the Rule 29.3 power is limited to the protection of rights that have at least some legal basis to
be currently enforced and do not depend on the trial court’s disposition of the claims before it.
E.g., Castleman v. Internet Money, Ltd., No. 07-16-00320-CV, 2016 WL 7187460, at *2 (Tex.
App.—Amarillo Dec. 9, 2016, no pet. h.) (mem. op.) (per curiam); see Mote Resources, 618 S.W.2d
at 879. Volkswagen’s motion states only that the stay is automatic and cites precedent indicating
that, under some facts, it would be appropriate to issue mandamus relief against a district court
judge that fails to respect the stay in a particular proceeding. See Volkswagen Stay Mtn. at 4 (dis-
cussing In re I-10 Colony, No. , 2014 WL 7914874, at *2-*8 (Tex. App.—Houston [1st Dist.]) (orig.
proceeding) (mem. op.)). Volkswagen does not attempt to make the requisite showing that its cur-
rently-enforceable rights have been violated. Cf. Enervest Operating, LLC v. Molett, No. 03-11-
00823-CV, 2012 WL 1647991, at *1 (Tex. App.—Austin 2012, no pet.) (mem. op.) (granting stay
of trial during interlocutory appeal asserting right to arbitration). Because Volkswagen seeks only
to enforce a procedural mechanism that does not apply to the cause numbers about which it com-
plains, it has not described a separate substantive “right” that preexists the litigation, and could
not invoke Rule 29.3 in any event.
5 Nor could Volkswagen properly request injunction or prohibition relief under the Court’s reser-
voir of original power to protect its own jurisdiction. Madison v. Martinez, 42 S.W.2d 84, 86 (Tex.
App.—Dallas 1931, writ ref’d). A claim for injunction or prohibition must be tied to the Court’s
potential loss of jurisdiction. Id. As the case now stands, even a final resolution of the claims in the
8
III.
In conclusion, Volkswagen has filed a request for relief that cannot be granted in
the exercise of interlocutory appellate jurisdiction over the cause numbers currently
under appeal. Indeed, Volkswagen expressly recognizes that it was required to file a
petition for writ of mandamus, rather than the motion it has filed. Volkswagen Stay
Mtn. at 13 n.43. Volkswagen should have brought an original proceeding, either a
writ mandamus (as its own filing suggests) or a writ of prohibition. The current filing
should be struck as an improper original-proceeding filing.
And Volkswagen cannot invoke Rule 29.3’s exception to the requirement that
stays be issued under the Court’s writ power, both because it is not a party to the
current interlocutory appeals and because it seeks relief in cases in which no notice
of appeal has been filed. Its motion, viewed as an attempt to seek a stay order in the
exercise of the Court’s interlocutory appellate jurisdiction, should be struck.
Conclusion and Prayer
The Court should strike Volkswagen’s improperly filed motion without
prejudice to its filing a motion that properly invokes the Court’s appellate or original
jurisdiction.
three cases that remain in trial court would not deprived the Court of jurisdiction to determine
whether the 18 later-filing counties were entitled to bring tagalong lawsuits to the State’s already-
filed environmental enforcement action.
9
Respectfully submitted.
Ken Paxton Scott A. Keller
Attorney General of Texas Solicitor General
Jeffrey C. Mateer Patrick K. Sweeten
First Assistant Attorney General Senior Counsel for Civil Litigation
State Bar No. 00798537
Office of the Attorney General patrick.sweeten@oag.texas.gov
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
/s/ Kristofer S. Monson
Tel.: (512) 936-1700
Kristofer S. Monson
Fax: (512) 474-2697
Assistant Solicitor General
State Bar No. 24037129
kristofer.monson@oag.texas.gov
Counsel for Appellants
Certificate of Conference
On December 29 and 30th, 2016, counsel for the State conferred with counsel
for Volkswagen by electronic mail. Volkswagen opposes this motion.
/s/ Kristofer S. Monson
Kristofer S. Monson
10
Certificate of Service
On December 30, 2016, this document was served electronically on:
Kristofer S. Monson Rodney W. “Rod” Anderson
kristofer.monson@texasattorneygeneral.gov randerson@brazoscountytx.gov
Office of the Solicitor General Brazos County Attorney’s Office
P.O. Box 12548 (MC 059) 300 East 26th Street, Suite 1300
Austin, TX 78711-2548 Bryan, Texas 77803
Patrick K. Sweeten William D. “Bill” Ballard, Jr.
patrick.sweeten@texasattorneygeneral.gov wballard@brazoscountytx.gov
Office of the Solicitor General Brazos County Attorney’s Office
P.O. Box 12548 (MC 001) 300 East 26th Street, Suite 1300
Austin, TX 78711-2548 Bryan, Texas 77803
Craig Patrick Russell Roden
craigpatrick@att.net russell.roden@dallascounty.org
Patrick Law Firm P.C. Dallas County District Attorney’s Of-
6244 E. Lovers Lane fice
Dallas, Texas 75214 411 Elm Street, Suite 500
Dallas, Texas 75202-3384
Nicholas LaHood
n.lahood@bexar.org Andrew B. Sommerman
Paul Elizondo Tower andrew@textrial.com
101 W. Nueva, 4th Floor Sommerman, McCaffity & Quesada,
San Antonio, Texas 78205 LLP
3811 Turtle Creek Blvd., Suite 1400
Robert C. Hilliard Dallas, Texas 75219-4492
bobh@hmglawfirm.com
Hilliard, Muñoz & Gonzales, L.L.P. Kathleen Kennedy
719 S. Shoreline, Suite 500 kkennedy@co.jefferson.tx.us
Corpus Christi, Texas 78411 Jefferson County Criminal District
Attorney’s Office
Paul Johnson 1085 Pear St., 3rd Floor
paul.johnson@dentoncounty.com Beaumont, Texas 77701
Denton County District Attorney’s Office
1450 E. McKinney Suite 3100
11
Denton, Texas 76209 Anthony F. Constant
office@constantlawfirm.com
Daniel W. Ray Constant Law Firm
daniel@scottraylaw.com 800 N. Shoreline Blvd., Ste. 2700
Scott, Ray & Sullivan, PLLC South
2608 Stonewall Street, Corpus Christi, Texas 78401
Greenville, Texas 75403-1353
Morgan D. Vaughan
Jo Anne Bernal mvaughan@lubbockcda.com
joanne.bernal@epcounty.com Lubbock County Criminal District
500 East San Antonio, Room 503 Attorney
El Paso, Texas 79901 Civil Division
916 Main St., Ste. 301
Benny Agosto, Jr. Lubbock, Texas 79401
bagosto@abrahamwatkins.com
Abraham, Watkins, Nichols, Sorrels, J. D. Lambright
Agosto & Friend jd.lambright@mctx.org
800 Commerce Street 501 North Thompson, Suite 300
Houston, Texas 77002 Conroe, TX 77301
Carmen I. Perez Mike Stafford
carmenp@lgbs.com mstafford@gardere.com
Delgado, Acosta, Spencer, Linebarger & Gardere Wynne Sewell L.L.P.
Perez, LLP 1000 Louisiana Street, Suite 2000
221 North Kansas St. Suite 1400 Houston, Texas 77002-5007
El Paso, TX 79901
Laura Garza Jimenez
Gregory F. Cox laura.jimenez@nuecesco.com
gfcox@mostynlaw.com 901 Leopard Street, Room 207
Mostyn Law Corpus Christi, Texas 78401
6280 Delaware Street
Beaumont, Texas 77706 Frank R. Stamey
stameyf@taylorcountytexas.org
John Forrest Constant Law Firm
john.forrest@parkercountytx.com 800 N. Shoreline Blvd., Ste. 2700
118 W. Columbia St. South
Weatherford, Texas 76086 Corpus Christi, Texas 78401
12
Vince Cruz, Jr. Kevin D. Cullen
vcruz@tarrantcountytx.gov kcullen@cullenlawfirm.com
District Attorney’s Office Cullen, Carsner, Seerden & Cullen
401 West Belknap Street L.L.P.
Fort Worth, Texas 76196 119 South Main Street
Victoria, Texas 77901
Richard W. Mithoff
rmithoff@mithofflaw.com David P. Weeks
Mithoff Law dweeks@co.walker.tx.us
500 Dallas Street, Suite 3450 Walker County District Attorney’s
Houston, Texas 77002 Office
1036 11th Street
Earnest W. Wotring Huntsville, Texas 77340
ewotring@bakerwotring.com
Baker Wotring LLP Daniel W. Ray
700 JPMorgan Chase Tower daniel@scottraylaw.com
600 Travis Street Scott, Ray & Sullivan, Pllc
Houston, Texas 77002 2608 Stonewall Street,
Greenville, Texas 75403
Brantley W. White
brantleywwhite@gmail.com Jorge L. Trevino, Jr.
Brantley W. White, Attorney at Law jltrevino@webbcountytx.gov
700 JPMorgan Chase Tower 1110 Washington Street, Suite 301
600 Travis Street Laredo, Texas 78040
Houston, Texas 77002
C. Vernon Hartline, Jr.
Darren L. McCarty vhartline@hdbdlaw.com
Darren.mccarty@alston.com HARTLINE DACUS BARGER DREYER
Alston & Bird LLP LLP
2828 North Harwood St., Ste. 1800 8750 N. Central Expressway, Suite
Dallas, Texas 75201 1600
Dallas, Texas 75231
Matt Dow Brett Solberg
mdow@jw.com brett.solberg@dlapiper.com
JACKSON WALKER DLA PIPER LLP
100 Congress Avenue, Suite 1100 1000 Louisiana Street, Suite 2800
Austin, Texas 78701 Houston, Texas 77002
13
/s/ Kristofer S. Monson
Kristofer S. Monson
14
EXHIBIT C
Flied In The Ol1trtct Court
of Travis County, Texas
SEP 30 i~1
Cause No. D-1-GN-16-000370 At '-V~.
MDL No.15-0884 Velva L. Price, District Clerk
IN RE VOLKSWAGEN CLEAN § IN THE DISTRICT COURT OF
§
DIESEL LITIGATION: TCAA § TRAVIS COUNTY, TEXAS
§
ENFORCEMENT CASE § 353RD JUDICIAL DISTRICT
AMENDED OMNIBUS ORDER RESOLVING
CHALLENGES TO COUNTY AUTHORITY To FILE SUIT
WHEN THE STATE HAS ALREADY INITIATED A
CLAIM UNDER THE TEXAS CLEAN AIR ACT
On this day, the Court considered the State of Texas's Motion for
Permissive Interlocutory Appeal under TEX. Crv. PRAC. & REM. CODE§ 51.014(d),
TEX R. Crv. P. 168, and consistent with TEX. R. APP. P. 28.3 pertaining to the
following pleadings:
1) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Bexar County, Texas;
2) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Brazos County, Texas;
3) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Dallas County, Texas;
4) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Denton County, Texas;
5) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Ector County, Texas;
6) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: El Paso County, Texas;
7) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Hidalgo County, Texas;
8) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Hunt County, Texas;
9) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Jefferson County, Texas;
10) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Lubbock County, Texas;
11) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Montgomery County, Texas;
12) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Nueces County, Texas;
13) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Parker County, Texas;
14) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Tarrant County, Texas;
15) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Taylor County, Texas;
16) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Victoria County, Texas;
17) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Walker County, Texas;
18) State of Texas's Verified Plea to the Jurisdiction, Plea in Abatement, Motion to
Dismiss, and Motion to Show Authority: Webb County, Texas; and,
19) State of Texas's Verified Motion to Strike, Motion to Dismiss for Lack of
Capacity, Plea in Abatement, and Motion to Show Authority: Travis County,
Texas.
On September 16, 2016, the Court signed its Order Denying the State of Texas's
Pleas to the Jurisdiction, Pleas in Abatement, Motions to Dismiss, and Motions to Show
Authority pertaining to the listed items 1 through 18 above and on September 26, 2016,
signed its Order Denying the State of Texas's Motion to Strike, Plea in Abatement,
Motion to Dismiss, and Motion to Show Authority as to Travis County, listed item 19
above.
The Court finds that the State's Plea in Abatement, Motion to Dismiss, and
Motion to Show authority in items 1 - 18 and all Motions and Pleas in item 19 listed
immediately above are not otherwise subject to interlocutory appeal.
The Court further finds that its September 16, 2016, Order Denying the State
of Texas's Pleas to the Jurisdiction, Pleas in Abatement, Motions to Dismiss, and
Motions to Show Authority and its September 26, 2016, Order Denying the State of
Texas's Motion to Strike, Plea in Abatement, Motion to Dismiss, and Motion to Show
Authority as to Travis County involve a controlling question of law as to which there
is a substantial ground for difference of opinion. That question is: "whether the
State's filing of a Texas Clean Air Act claim foreclosed the Counties from filing their
own lawsuits or from intervening in the State's suit."
The Court further finds that permitting an immediate appeal of its September
16, 2016, Order Denying the State of Texas's Pleas to the Jurisdiction, Pleas in
Abatement, Motions to Dismiss, and Motions to Show Authority and its September 26,
2016, Order Denying the State of Texas's Motion to Strike, Plea in Abatement, Motion
to Dismiss, and Motion to Show Authority as to Travis County will materially advance
the termination of the captioned litigation by (1) allowing the claims against
Volkswagen to go forward in tandem with the federal MDL proceedings, which
will result in more efficient discovery proceedings; (2) foreclosing the potential
expense of duplicative litigation costs; and (3) giving the counties and the State
resolution of an ultimate dispositive issue that would have to be resolved by the
courts in any event.
After considering the Motion, the responses and other filings related
thereto, and the arguments of counsel, the Court is of the opinion that the State
of Texas's Motion should be GRANTED. Accordingly, the Court AMENDS the
earlier orders, issued on September 16 and September 26, 2016:
As in the September 16, 2016 order: The Court has considered the State of
Texas's Pleas to the Jurisdiction, Pleas in Abatement, Motion to Dismiss, and
Motions to Show Authority pertaining to all county parties except Harris County
and Fort Bend County. After considering the motions, the responses and other
filings related thereto, and the arguments of counsel, the Court FINDS that the
Counties are entitled to file suit after the State has initiated an enforcement action
under the Texas Clean Air Act. Accordingly, the court is of the opinion that the
motions should be DENIED.
IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the
State of Texas's Pleas to the Jurisdiction, Pleas in Abatement, Motions to Dismiss,
and Motions to Show Authority are DENIED.
As in the September 26, 2016 order: The Court has considered the State of
Texas's Verified Motion to Strike, Plea in Abatement, Motion to Dismiss, and
Motion to Show Authority pertaining to Travis County, Texas. After considering
the motions, the responses and other filings related thereto, and the arguments of
counsel, the Court FINDS that the Counties are entitled to intervene in a lawsuit
after the State has initiated an enforcement action under the Texas Clean Air Act.
Accordingly, the court is of the opinion that the motions related to Travis County
should be DENIED.
IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the
State of Texas's Verified Motion to Strike, Plea in Abatement, Motion to Dismiss,
and Motion to Show Authority pertaining to Travis County, Texas are DENIED.
The denials of the motions are appropriate for immediate interlocutory
appeal because, as found above, immediate appeal may materially advance the
ultimate termination of the litigation.
Accordingly, IT IS THEREFORE ORDERED that the State of Texas may
take an interlocutory appeal of all of the pleas and motions in the above listed pleadings
on the general issue:
Whether the State's institution of suit under the Texas Clean Air Act
foreclosed the named counties (in the pleadings listed above) from filing
separate lawsuits or intervening in the State's lawsuit after the date the
State first filed suit?
SIGNED this
d"
':J:i day of ~r+. ,
2016.
TIMSULAK
JUDGE PRESI ING