Rajinder Singh, Rita Kaur, Rajiv Chhabra and Gauri Chhabra v. Slawomir J. Skibicki and a & Skipol, Inc.

ACCEPTED
01-14-00825-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/16/2015 11:56:30 PM
CHRISTOPHER PRINE
CLERK

01-14-00825-CV
_______________________________
FILED IN
1st COURT OF APPEALS
IN THE HOUSTON, TEXAS
COURT OF APPEALS FOR THE 1/16/2015 11:56:30 PM
FIRST JUDICIAL DISTRICT OF TEXAS CHRISTOPHER A. PRINE
AT HOUSTON, TEXAS Clerk
_______________________________

RAJINDER SINGH AND RITA KAUR, RAJIV CHHABRA AND GAURI
CHHABRA,
APPELLANTS
VS.
SLAWOMIR J. SKIBICKI AND A & SKIPOL, INC., A TEXAS
CORPORATION,
APPELLEES

Appealed from the 11TH DISTRICT COURT of
Harris County, Texas
Trial Court Cause No. 2013-76488
_______________________________

APPELLANTS RAJIV CHHABRA AND GAURI
CHHABRA’S MOTION TO EXTEND TIME FOR FILING
APPELLANT’S BRIEF
_______________________________

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW the Appellants, Rajiv Chhabra and Gauri Chhabra and files this, their

Motion to Extend Time for Filing Appellant’s Brief. This motion is based on two issues. First,

the Appellants’ Brief could not be due before the clerk’s record is filed. Due to the consolation of

these appeals, it appears the deadline for Appellants’ was inadvertently calculated by the clerk

based on the date an earlier Appellants’ clerk’s record was filed. Second, in the interest of

judicial economy, Appellants respectfully request the deadline for the Appellants’ brief be set for

after mediation.
I. THE CLERK’S RECORD APPELLANTS REQUESTED HAS NOT BEEN FILED.

1. Normally, Appellants’ brief would be due 30 days after the later of either the date the

clerk’s record was filed or the date the reporter’s record was filed. See TEX. R. APP. P. 38.6. The

clerk’s record requested by Appellants has not yet been filed, and the consolidation of multiple

appeals with different timelines appears to have caused confusion as to the deadline on which

Appellants’ brief is due.

2. Within 30 days of the judgment in the underlying case, Sharif Choudhury, Tahera

Chowdhury and Enterprise Houston, Inc. filed their notice of appeal. See Exhibit A. These

appellants dismissed their appeal, as indicated by the record. See Exhibit B. Appellants Rajiv

Chhabra and Gauri Chhabra filed a motion for new trial, and did not file their notice of appeal

until November 24, 2015. See Exhibit C.

3. In accordance with the instructions contained in Exhibit C, the letter from the clerk of the

Court of Appeals First District, Appellants requested the clerk’s and reporter’s record. See

Exhibit D. Appellants designation of items to be included in the clerk’s record differed from the

request of the initial appellants and the clerk responsible for preparing the record confirmed a

separate request had to be made for each group of appellants.

4. While the First Court of Appeals letter does state the clerk’s record is due on or before

November 11, 2014, this was thought to be a clear typo, considering the letter is dated November

25, 2014. See Exhibit C.

5. Appellants filed their docketing statement on December 11, 2014 and called the clerk

responsible for preparing the clerk’s record to confirm payment arrangements. See Exhibit E. At

this time, the clerk stated he did not have the amount of the charges because the record was not

due until January.
6. Clearly, due to the consolidation of these appeals some confusion has occurred.

Appellants cannot file their brief before the clerk’s record is filed. As of the date of this request,

it does not appear that the clerk’s record requested by Appellants has been filed. Accordingly,

Appellants cannot understand how their brief could be past due. Appellants were operating with

the understanding that their brief would be due after the clerk’s record, which they requested,

was filed. If this is incorrect, Appellants respectfully request the Court extend the time for filing

their brief based on the foregoing explanation of their confusion. There does not appear to be any

prejudice to Appellees in making this ruling and it would clarify future deadlines in this case. If

there was an clerical error by the clerk in calculating the day that Appellants brief is due,

Appellants respectfully request this be corrected so all parties may have a clear understanding of

the timeline going forward.

II. A BRIEFING DEADLINE SET FOR A REASONABLE TIME AFTER
MEDIATION WOULD CONSERVE JUDICIAL RESOURCES AND ELIMINATE
POTENTIALLY UNNECESSARY FILINGS.

7. In light of the order for mediation, Appellants further request the deadline for their brief

be set for a reasonable time after the parties have an opportunity to mediate. This will conserve

judicial resources and eliminate the need for unnecessary filings until after the parties have had

an attempt to resolve this matter. There was no mediation in this case at the trial level, which

additionally suggests it would be proper to do now, prior to any potentially unnecessary briefs.

WHEREFORE PREMISES CONSIDERED, Appellants, Rajiv Chhabra and Gauri Chhabra, pray

that this Court extend the time in which to file their Brief, correct the clerical error or clarify the

deadline for their brief, and set the deadline for a reasonable time after the parties have had an

opportunity to mediate.
By: /s/ William Chu
William Chu
Texas State Bar No. 04241000
The Law Offices of William Chu
4455 LBJ Freeway, Suite 909
Dallas, Texas 75244
Tel: (972) 392-9888
Fax: (972) 392-9889
Email: wmchulaw@aol.com
Attorneys for Rajiv Chhabra and Gauri
Chhabra

CERTIFICATE OF CONFERENCE
The undersigned has conferred with Jeremy Roberts, counsel for Appellees who
states that he is opposed.

/s/ David Paulson
David Paulson

CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct copy of the foregoing instrument has been
served upon all parties to this appeal, by eservice.

/s/ David Paulson
David Paulson
Exhibit A
SHERRY RADACK CHRISTOPHER A. PRINE
CHIEF JUSTICE CLERK OF THE COURT

TERRY JENNINGS JANET WILLIAMS
EVELYN KEYES CHIEF STAFF ATTORNEY
LAURA CARTER HIGLEY
JANE BLAND
JIM SHARP
Court of Appeals PHONE: 713-274-2700
FAX: 713-755-8131
MICHAEL MASSENGALE
HARVEY BROWN
First District www.1stcoa.courts.state.tx.us
REBECA HUDDLE 301 Fannin Street
JUSTICES
Houston, Texas 77002-2066
October 9, 2014

Sarah Schechter Jeremy Roberts
Modjarrad, Abusaad, Sail Law Firm Weycer, Kaplan, Pulaski & Zuber, P.C.
212 W Spring Valley Road 11 Greenwya Plaza Ste 1400
Richardson, TX 75081 Houston, TX 77040
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 01-14-00825-CV
Trial Court Case Number: 2013-76488

Style: Sharif Choudhury, Tahera Chowdhury and Enterprise Houston, Inc. v. Slawomir J.
Skibicki and A & Skipol, Inc., a Texas Corporation

GENERAL INFORMATION

On October 09, 2014, a letter of assignment from the 11th District Court trial-court
clerk and a copy of the notice of appeal filed by Sharif Choudhury, Tahera Chowdhury and
Enterprise Houston, Inc. in the trial court was received and docketed as Cause Number 01-14-
00825-CV. This Notice contains information about some of the rules and procedures that
govern prosecution of an appeal pending before the First Court of Appeals.

Texas Rule of Appellate Procedure 9.6 requires parties and counsel to communicate
about a pending appeal only through the Clerk’s office and they may not communicate with
either the justices or their staff about a case. It is also improper to send a document to the Court
about an appeal unless a copy of it is served on all other parties to the appeal at the same time.
See TEX. R. APP. P. 9.5(d), (e).

Effective January 1, 2014, all attorneys in civil cases and criminal cases must
electronically file all documents (except a document submitted under seal or subject to a motion
to seal) through the EfileTexas.gov electronic filing system. A party representing themselves pro
se (without an attorney) in a civil case, is encouraged to e-file documents, but is not required to
do so. Electronically filed documents must conform to TEX. R. APP. P. 9.4 and must be
completed through EfileTexas.gov, http://www.efiletexas.gov. Electronically filed briefs must
comply with TEX. R. APP. P. 9.4 and with the Texas Supreme Court's Redaction Guidelines
found at http://www.supreme.courts.state.tx.us/ebriefs/RedactionGuidelines.pdf.
INFORMATION ABOUT THE FILING FEE

Unless an appellant is exempt from paying filing fees or has been declared indigent, the
appellant must pay the required $195 filing fee to prosecute the appeal. See TEX. R. APP. P. 5
(requiring payment of fees in civil cases unless excused) and 20.1 (listing requirements for
establishing indigence).

This letter is NOTICE to the appellant that the required filing fee must be paid within
twenty (20) days of the date of this notice. A party who files electronically may pay by credit
card through the Tex.gov process. Or, a party may pay with cash in person at the Clerk's office,
301 Fannin, Houston, Texas 77002. A filer may also pay by (1) a money order, cashier’s check,
or certified check issued by a U.S. financial institution or (2) a money order issued by the United
States Postal Service. A money order or a check must be made payable to “Clerk, First Court of
Appeals.”

There is only one $195 filing fee for each appellate case, regardless of how many
appellants there may be, or if multiple notices of appeal are filed. Multiple appellants who are
not indigent or exempt must determine amongst themselves how the filing fee will be paid.

INFORMATION ABOUT THE APPELLATE RECORD

This letter is NOTICE to the appellant that the Court may dismiss an appeal for want of
prosecution, if the clerk’s record is not filed and it is appellant’s fault. See TEX. R. APP. P.
37.3(b); 42.3. This letter is also NOTICE to the appellant that if it is appellant’s fault that the
reporter’s record is not filed, the Court may decide the appeal on those issues or points that do
not require a reporter’s record for a decision. See TEX. R. APP. P. 37.3(c). Any motion related
to informalities in the manner of bringing this appeal must be filed within thirty (30) days after
the appellate record is filed. TEX. R. APP. P. 10.5(a).

Unless an appellant has established indigence under Texas Rule of Appellate Procedure
20.1, the trial-court clerk and court reporter are not required to file the clerk’s and reporter’s
records until appellant has paid the required fees to prepare and certify the records, or has made
satisfactory arrangements to pay the fees. See TEX. R. APP. P. 35.3(a)(2), (b)(3).

From information currently available, it appears that the trial court signed the final
judgment or other appealable order on June 11, 2014. Because the notice of appeal indicates that
a post-judgment motion was not filed, unless the Court receives information to the contrary, the
trial court clerk is due to file the clerk’s record and the court reporter is due to file the reporter’s
record on or before November 11, 2014.

The appellant and/or appellee should inform the Court as soon as possible if (1) this
appeal is accelerated or (2) if there is disagreement about (a) the date the trial court signed the
final judgment or appealable order or (b) whether a post-judgment motion or request for findings
of fact and conclusions of law was timely filed in the trial court.

2
It is mandatory that both the clerk’s record and the reporter’s record be filed
electronically. Both the trial-court clerk and the court reporter are asked to complete the
information sheet on the “Forms” page of the Court’s website,
http://www.1stcoa.courts.state.tx.us/forms/forms.asp#info, and file it with the Court within ten
(10) days of the date of this Notice. The parties do not need to file a motion to extend time to
file either the clerk’s record or the reporter’s record. See Texas Rules of Appellate Procedure
34.5(b)(1), (c)(2), 35.3(c), and 35.6(b)(1) and Appendix C of the Texas Rules of Appellate
Procedure for electronic filing related to preparation of the appellate record.

Parties are encouraged to work together and with the trial court clerk and court reporter to
properly designate all necessary items and portions of the testimony to be included in the initial
records. The Court generally will not grant a motion to extend time to file a brief because a party
requests to supplement the record with an item or portion of the testimony that the party did not
timely designate for inclusion in the initial clerk’s record or reporter’s record. See TEX. R. APP.
P. 10.5(b), 34.5(c)(1), 34.6(d), 38.6(d).

INFORMATION ABOUT FILING DOCUMENTS

Texas Rule of Appellate Procedure 9.3 controls the number of paper copies and
documents filed in paper form. All documents must include a certificate of service. See Tex. R.
App. P. 9.5(d), (e). All civil motions must include a certificate of conference, TEX. R. APP. P.
10.1(a)(5), and require a $10 filing fee, unless the movant has established indigence or is exempt
from the advance payment of filing fees, e.g., the State or a political subdivision of the State.
See TEX. R. APP. P. 5; FEES CIV. CASES B (3); Op. Tex Att’y Gen. No. DM-459 (1997). The
Court treats a civil motion requesting multiple types of relief as separate motions and requires a
separate $10 filing fee for each motion.

INFORMATION ABOUT THE DOCKETING STATEMENT

An appellant is required to file a docketing statement. See TEX. R. APP. P. 42.3. Until the
clerk’s record is filed, the docketing statement is the primary source of accurate information
about a newly-filed appeal. The information is used to establish appellate deadlines and to send
notices to the correct parties at the correct addresses. The “Forms” section of the Court’s
website includes a docketing statement or the appellant may call the Clerk’s office and ask that
one be mailed. In this case, the Docketing Statement should be filed within twenty (20) days of
the date of this notice.

Section X must be completed if an appellant believes that his/her civil appellate matter
may qualify for the Pro Bono Program sponsored and administered solely by the State Bar of
Texas (SBOT) and the Houston Bar Association’s Appellate Practice Section (HBA). See the
following websites for information: (1) State Bar of Texas Pro Bono Program, First Court of
Appeals, http://tex-app.org/probono.php; (2) the Houston Bar Association’s website; and (3)
http://www.1stcoa.courts.state.tx.us, General Information, Practice Before the Court, Forms,
Civil Docketing Statement.

3
Section XI of the docketing statement is an optional section that requests information
related to potential participation in an alternate dispute resolution process or mediation. The
Court strongly encourages the parties to provide this information due to the successful history of
alternative dispute resolution/mediation processes, even in cases where such success initially
appeared unlikely.

INFORMATION ABOUT BRIEFS

INFORMATION ABOUT ATTORNEYS APPEARING BEFORE THE COURT

Texas Rule of Appellate Procedure 6 governs matters related to an attorney’s
representation of a party before the Court. Attorneys must promptly notify the Clerk’s office of
any change of address or change in designation of the lead counsel for a party. A nonresident
attorney who is not a member of the State Bar of Texas must satisfy the requirements for
participation in a Texas legal matter found on the Board of Law Examiners’ website
http://www.ble.state.tx.us.

INFORMATION ABOUT NOTICES TO PARTIES

Notice must be sent to all parties of any judgment, mandate, or order issued. See Tex. R.
App. P. 12.6. If a party is represented by an attorney, notice will be sent to the party’s lead
counsel. See TEX. R. APP. P. 9.5(b). Information available to the public about a case may be
found on the “Case Information” page of the Court’s website. Parties may sign up for e-mail
notices about activity in their case on the “CaseMail” page of the website.

STANDARDS OF APPELLATE CONDUCT

The Court follows the Standards of Appellate Conduct adopted by the Supreme Court of
Texas and the Court of Criminal Appeals. All attorneys and parties—including pro se litigants—
are expected to fully comply with these standards, as well as all applicable provisions of the
Texas Rules of Appellate Procedure, the Texas Disciplinary Rules of Professional Conduct, and
the Code of Judicial Conduct. See the “Court Rules” page, “Other Rules Governing Attorneys”
of the Texas Supreme Court’s website, http://www.supreme.courts.state.tx.us, or call and ask that
a copy be mailed to you.

4
Should you have questions at any time throughout the appellate process of your case,
please do not hesitate to call the Clerk's office at 713-274-2700.

Sincerely,
Christopher A. Prine, Clerk of the Court

cc: The Honorable Chris Daniel (DELIVERED VIA E-MAIL)
Court Reporter 11th District Court (DELIVERED VIA E-MAIL)
Hon. Olen Underwood (DELIVERED VIA E-MAIL)
Judge 11th District Court (DELIVERED VIA E-MAIL)

5
Exhibit B
Order issued December 11, 2014

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-14-00825-CV
———————————
SHARIF CHOUDHURY, TAHERA CHOWDHURY, AND ENTERPRISE
HOUSTON, INC., RAJINDER SINGH, RITA KAUR, RAJIV CHHABRA,
AND GAURI CHHABRA, Appellants
V.
SLAWOMIR J. SKIBICKI AND A & SKIPOL, INC., Appellees

On Appeal from the 11th Judicial District Court
Harris County, Texas
Trial Court Cause No. 2013-76488

MEMORANDUM ORDER

Appellants, Sharif Choudhury, Tahera Chowdhury, and Enterprise Houston,

Inc., have filed a motion to voluntarily dismiss their appeal and request that all

costs be assessed against the party incurring the same. Appellants state that
appellees have been contacted and do not oppose this motion and that this

dismissal will not prevent any other parties from seeking relief to which they

would otherwise be entitled. See TEX. R. APP. P. 10.3(a)(2), 42.1(a)(1). Although

other parties have filed their own notices of appeal, no opinion has issued

involving the above appellants. See TEX. R. APP. P. 42.1(a)(1), (c).

Accordingly, we grant the motion and dismiss the appeal by Sharif

Choudhury, Tahera Chowdhury, and Enterprise Houston, Inc., with costs to be

taxed against the party who incurred the same. See TEX. R. APP. P. 42.1(a)(1), (b),

(d), 43.2(f). We dismiss any pending motions by the above appellants as moot.

The appeal by the remaining appellants remains on this Court’s active docket.

PER CURIAM
Panel consists of Justices Keyes, Higley, and Brown.

2
Exhibit C
SHERRY RADACK CHRISTOPHER A. PRINE
CHIEF JUSTICE CLERK OF THE COURT

TERRY JENNINGS JANET WILLIAMS
EVELYN KEYES CHIEF STAFF ATTORNEY
LAURA CARTER HIGLEY
JANE BLAND
JIM SHARP
Court of Appeals PHONE: 713-274-2700
FAX: 713-755-8131
MICHAEL MASSENGALE
HARVEY BROWN
First District www.txcourts.gov/1stcoa.aspx
REBECA HUDDLE 301 Fannin Street
JUSTICES
Houston, Texas 77002-2066
November 25, 2014

Sarah Schechter William Chu
Modjarrad, Abusaad, Sail Law Firm Law office of William Chu
212 W Spring Valley Road 4455 LBJ Fwy Ste 909
Richardson, TX 75081 Dallas, TX 75244
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *

Daniel Chung Yuan Lee Jeremy Roberts
C. Y. Lee Legal Group, PLLC Weycer, Kaplan, Pulaski & Zuber, P.C.
1305 Prairie St Ste 300 11 Greenwya Plaza Ste 1400
Pasadena, TX 77002 Houston, TX 77040
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 01-14-00825-CV
Trial Court Case Number: 2013-76488

Style: Sharif Choudhury, Tahera Chowdhury and Enterprise Houston, Inc., Rajinder Singh and
Rita Kaur, Rajiv Chhabra and Gauri Chhabra v. Slawomir J. Skibicki and A & Skipol,
Inc., a Texas Corporation

GENERAL INFORMATION

On November 24, 2014, a letter of assignment from the 11th District Court trial-court
clerk and a copy of the notice of appeal filed by Rajiv Chhabra and Gauri Chhabra in the trial
court was received and docketed as Cause Number 01-14-00825-CV. This Notice contains
information about some of the rules and procedures that govern prosecution of an appeal pending
before the First Court of Appeals.

INFORMATION ABOUT THE APPELLATE RECORD

From information currently available, it appears that the trial court signed the final
judgment or other appealable order on September 12, 2014. Because the notice of appeal
indicates that a post-judgment motion was filed, unless the Court receives information to the
contrary, the trial court clerk is due to file the clerk’s record and the court reporter is due to file
the reporter’s record on or before November 11, 2014.

It is mandatory that both the clerk’s record and the reporter’s record be filed
electronically. Both the trial-court clerk and the court reporter are asked to complete the
information sheet on the “Forms” page of the Court’s website,
http://www.txcourts.gov/1stcoa/practice-before-the-court/forms.aspx, and file it with the Court
within ten (10) days of the date of this Notice. The parties do not need to file a motion to extend
time to file either the clerk’s record or the reporter’s record. See Texas Rules of Appellate
Procedure 34.5(b)(1), (c)(2), 35.3(c), and 35.6(b)(1) and Appendix C of the Texas Rules of
Appellate Procedure for electronic filing related to preparation of the appellate record.

2
timely designate for inclusion in the initial clerk’s record or reporter’s record. See TEX. R. APP.
P. 10.5(b), 34.5(c)(1), 34.6(d), 38.6(d).

INFORMATION ABOUT FILING DOCUMENTS

INFORMATION ABOUT BRIEFS

INFORMATION ABOUT ATTORNEYS APPEARING BEFORE THE COURT

INFORMATION ABOUT NOTICES TO PARTIES

3
STANDARDS OF APPELLATE CONDUCT

The Court follows the Standards of Appellate Conduct adopted by the Supreme Court of
Texas and the Court of Criminal Appeals. All attorneys and parties—including pro se litigants—
are expected to fully comply with these standards, as well as all applicable provisions of the
Texas Rules of Appellate Procedure, the Texas Disciplinary Rules of Professional Conduct, and
the Code of Judicial Conduct. See the “Court Rules” page, “Other Rules Governing Attorneys”
of the Texas Supreme Court’s website, http://www.txcourts.gov/supreme.aspx, or call and ask
that a copy be mailed to you.

Should you have questions at any time throughout the appellate process of your case,
please do not hesitate to call the Clerk's office at 713-274-2700.

Sincerely,
Christopher A. Prine, Clerk of the Court

4
Exhibit D
12/5/2014 5:38:33 PM
Chris Daniel - District Clerk Harris County
Envelope No. 3400819
By: Duane Gilmore
Filed: 12/5/2014 5:38:33 PM

4455 LYNDON B. JOHNSON FREEWAY, SUITE 909
DALLAS, TEXAS 75244

TEL: 972 392 9888 | FAX: 972 392 9889
WMCHULAW@AOL.COM

k
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December 5, 2014

tC
Request for Preparation of Complete Reporter’s Record

ric
Terri Anderson
Court Reporter—11th District Court

ist
Harris County Civil Courthouse

lD
201 Caroline, 9th Floor
Houston, TX 77002

nie
Re: Slawomir J. Skibicki, et al v. Indopol Houston, L.L.C., et al.
Cause No. 2013-76488 Da
Dear Ms. Anderson:
is
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Defendants Rajiv Chhabra and Gauri Chhabra respectfully request that the Reporter's
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Record be prepared in the above-referenced proceeding, and that a true copy of same be
forwarded to the First District Court of Appeals at Houston, Texas.
of
e

Defendants Rajiv Chhabra and Gauri Chhabra confirm by this letter that, in accordance
ffic

with Texas Rule of Appellate Procedure 35.3(b), Defendants Rajiv Chhabra and Gauri Chhabra
will pay for preparation of the reporter's record on receipt of an invoice stating the amount of the
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payment that is due.
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Defendants hereby request that the Reporter's Record consist of the complete
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stenographic recording of the hearings in the above-styled case, held on August 11, 2014,
September 8, 2014, and November 10, 2014, including all exhibits admitted or made part of the
ial

record by offers of proof made at any of these hearings.
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of

Should you have any questions, please do not hesitate to contact our office.
Un

Sincerely,

/s/William Chu

William Chu
Certificate of Service

I certify that on December 5, 2014, a copy of the foregoing instrument has been served
upon all parties or counsel for all parties in accordance with TRCP 21a.

/s/David Paulson
David Paulson

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12/5/2014 5:38:33 PM
Chris Daniel - District Clerk Harris County
Envelope No. 3400819
By: Duane Gilmore
Filed: 12/5/2014 5:38:33 PM

4455 LYNDON B. JOHNSON FREEWAY, SUITE 909
DALLAS, TEXAS 75244

TEL: 972 392 9888 | FAX: 972 392 9889
WMCHULAW@AOL.COM

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December 5, 2014

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Request for Preparation of Complete Reporter’s Record

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Terri Anderson
Court Reporter—11th District Court

ist
Harris County Civil Courthouse

lD
201 Caroline, 9th Floor
Houston, TX 77002

nie
Re: Slawomir J. Skibicki, et al v. Indopol Houston, L.L.C., et al.
Cause No. 2013-76488 Da
Dear Ms. Anderson:
is
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Defendants Rajiv Chhabra and Gauri Chhabra respectfully request that the Reporter's
C

Record be prepared in the above-referenced proceeding, and that a true copy of same be
forwarded to the First District Court of Appeals at Houston, Texas.
of
e

Defendants Rajiv Chhabra and Gauri Chhabra confirm by this letter that, in accordance
ffic

with Texas Rule of Appellate Procedure 35.3(b), Defendants Rajiv Chhabra and Gauri Chhabra
will pay for preparation of the reporter's record on receipt of an invoice stating the amount of the
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payment that is due.
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Defendants hereby request that the Reporter's Record consist of the complete
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stenographic recording of the hearings in the above-styled case, held on August 11, 2014,
September 8, 2014, and November 10, 2014, including all exhibits admitted or made part of the
ial

record by offers of proof made at any of these hearings.
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Should you have any questions, please do not hesitate to contact our office.
Un

Sincerely,

/s/William Chu

William Chu
Certificate of Service

I certify that on December 5, 2014, a copy of the foregoing instrument has been served
upon all parties or counsel for all parties in accordance with TRCP 21a.

/s/David Paulson
David Paulson

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Exhibit E
ACCEPTED
01-14-00825-cv
FIRST COURT OF APPEALS
Appellate Docket Number: 01-14-00825-CV HOUSTON, TEXAS
12/19/2014 7:10:09 PM
CHRISTOPHER PRINE
Appellate Case Style: Sharif Choudhury, et al. CLERK

Vs.
Slawomir J. Skibicki, et al.

Companion Case No.:
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
12/19/2014 7:10:09 PM
Amended/corrected statement: DOCKETING STATEMENT (Civil) CHRISTOPHER A. PRINE
Clerk
Appellate Court:1st 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
First Name: William
First Name: Rajiv Middle Name:
Middle Name: Last Name: Chu
Last Name: Chhabra Suffix:
Suffix: Law Firm Name: Law Offices of William Chu

Pro Se: Address 1: 4455 LBJ Frwy, Suite 909
Address 2:
City: Dallas
State: Texas Zip+4: 75244
Telephone: 972-392-9888 ext.
Fax: 972-392-9889
Email: wmchulaw@aol.com
SBN: 04241000

I. Appellant II. Appellant Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: William
First Name: Gauri Middle Name:
Middle Name: Last Name: Chu
Last Name: Chhabra Suffix:
Suffix: Law Firm Name: Law Offices of William Chu

Pro Se: Address 1: 4455 LBJ Frwy, Suite 909
Address 2:

Page 1 of 11
City: Dallas
State: Texas Zip+4: 75244
Telephone: 972-392-9888 ext.
Fax: 972-392-9889
Email: wmchulaw@aol.com
SBN: 04241000

III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
First Name: Jeremy
First Name: Slawomir Middle Name:
Middle Name: Last Name: Roberts
Last Name: Skibicki Suffix:
Suffix: Law Firm Name: Weycer, Kaplan, Pulaski & Zuber, P.C.
Pro Se: Address 1: 11 Greenway Plaza, Ste 1400
Address 2:
City: Houston
State: Texas Zip+4: 77040
Telephone: (713) 961-9045 ext.
Fax: (713) 961-5341
Email: jroberts@wkpz.com
SBN: 24083742

III. Appellee IV. Appellee Attorney(s)
Person Organization (choose one) Lead Attorney
Organization Name: A & Skipol, Inc. First Name: Jeremy
First Name: Middle Name:
Middle Name: Last Name: Roberts
Last Name: Suffix:
Suffix: Law Firm Name: Weycer, Kaplan, Pulaski & Zuber, P.C.
Pro Se: Address 1: 11 Greenway Plaza, Ste 1400
Address 2:
City: Houston
State: Texas Zip+4: 77040
Telephone: (713) 961-9045 ext.
Fax: (713) 961-5341
Email: jroberts@wkpz.com
SBN: 24083742

Page 2 of 11
V. Perfection Of Appeal And Jurisdiction

Nature of Case (Subject matter or type of case): Contract

Date order or judgment signed: September 12, 2014 Type of judgment: Summary Judgment
Date notice of appeal filed in trial court: November 24, 2014
If mailed to the trial court clerk, also give the date mailed:
Interlocutory appeal of appealable order: Yes No
If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated appeal (See TRAP 28): Yes No
If yes, please specify statutory or other basis on which appeal is accelerated:

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: October 10, 2014
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 3 of 11
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: 11th District Court Clerk's Record:
County: Harris County Trial Court Clerk: District County
Trial Court Docket Number (Cause No.): 2013-76488 Was clerk's record requested? Yes No
If yes, date requested: December 5, 2014
Trial Judge (who tried or disposed of case): If no, date it will be requested:
First Name: Mike Were payment arrangements made with clerk?
Middle Name: D. Yes No Indigent
Last Name: Miller
(Note: No request required under TRAP 34.5(a),(b))
Suffix:
Address 1: 201 Caroline, 9th Floor
Address 2 :
City: Houston
State: Texas Zip + 4: 77022
Telephone: 713-368-6020 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: December 5, 2014

If no, date it will be requested:
Were payment arrangements made with the court reporter/court recorder? Yes No Indigent

Page 4 of 11
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? Contract
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):
The relief granted was not provided for by the terms of the contract; Plaintiffs did not perform under the contract; there were genuine issues of material
fact that precluded Summary Judgment.

How was the case disposed of? Summary Judgment
Summary of relief granted, including amount of money judgment, and if any, damages awarded. Specific Performance: Joint and Several
Money Judgment of 1,646,475.00
If money judgment, what was the amount? Actual damages: $1,646,475.00
Punitive (or similar) damages:

Page 5 of 11
Attorney's fees (trial): $19,242.00
Attorney's fees (appellate): $2,000.00
Other: $2,000.00
If other, please specify: $2,000.00 on Writ of Error to Supreme Court, $2,000.00 if Writ is Granted

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: David Paulson

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: Trial Court:

Style:

Vs.

Page 6 of 11
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: December 19, 2014

Printed Name: William Chu State Bar No.: 04241000

Electronic Signature: /s/William Chu
(Optional)

Page 7 of 11
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 December 19, 2014 .

Signature of counsel (or pro se party) Electronic Signature: /s/ David Paulson
(Optional)

State Bar No.: 24088201
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: December 19, 2014
Manner Served: Regular Mail

First Name: Jeremy

Middle Name:
Last Name: Roberts
Suffix:
Law Firm Name: Weycer, Kaplan, Pulaski & Zuber, P.C.
Address 1: 11 Greenway Plaza, Suite 1400
Address 2:
City: Houston
State Texas Zip+4: 77046
Telephone: ext.
Fax:
Email: jroberts@wkpz.com

If Attorney, Representing Party's Name: Slawomir Skibicki and A & Skipol, Inc.
Please enter the following for each person served:

Page 8 of 11
Date Served: December 19, 2014
Manner Served: Regular Mail

First Name: Sarah

Middle Name:
Last Name: Schecter
Suffix:
Law Firm Name: Modjarrad, Abusaad, Said
Address 1: 212 W. Spring Valley Rd.
Address 2:
City: Richardson, TX
State Texas Zip+4: 75081
Telephone: ext.
Fax:
Email:
If Attorney, Representing Party's Name: Sharif Chowdhury, Tahera Chowdhury, and En
Please enter the following for each person served:

Date Served: December 19, 2014
Manner Served: Regular Mail

First Name: Darrell

Middle Name:
Last Name: Minter
Suffix:
Law Firm Name: Fox Rothschild
Address 1: Two Lincoln Centre
Address 2: 5420 LBJ Freeway, Suite 1200

City: Dallas, TX 75240
State Texas Zip+4:
Telephone: ext.
Fax:
Email:
If Attorney, Representing Party's Name: Amir Hussain and Naseem Hussain
Please enter the following for each person served:

Page 9 of 11
Date Served: December 19, 2014
Manner Served: Regular Mail

First Name: "Daniel" Chung

Middle Name:
Last Name: Lee
Suffix:
Law Firm Name: C.Y. Lee Legal Group, PLLC
Address 1: 1305 Prairie St, Ste 300
Address 2:
City: Houston
State Texas Zip+4: 77022
Telephone: ext.
Fax:
Email:
If Attorney, Representing Party's Name: Rajinder Singh and Rita Kaur
Please enter the following for each person served:

Date Served: December 19, 2014
Manner Served: Regular Mail

First Name: Indopol Houston, LLC

Middle Name: Tahera Chowdhury, registered agent
Last Name:
Suffix:
Law Firm Name:
Address 1: 12222 Merit Drive, Suite 1870
Address 2:
City: Dallas
State Texas Zip+4: 75251
Telephone: ext.
Fax:
Email:
If Attorney, Representing Party's Name:
Please enter the following for each person served:

Page 10 of 11
Date Served:
Manner Served:

First Name:
Middle Name:
Last Name:
Suffix:
Law Firm Name:
Address 1:
Address 2:
City:
State Texas Zip+4:
Telephone: ext.
Fax:
Email:
If Attorney, Representing Party's Name:

Page 11 of 11

Rajinder Singh, Rita Kaur, Rajiv Chhabra and Gauri Chhabra v. Slawomir J. Skibicki and a & Skipol, Inc.

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