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

ACCEPTED 01-15-00197-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/8/2015 3:35:24 PM CHRISTOPHER PRINE CLERK No.Ol-15-00197-CV FILED IN IN THE COURT OF ApPEALS 1st COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS 4/8/2015 3:35:24 PM AT HOUSTON CHRISTOPHER A. PRINE Clerk LETICIA LOYA, Appellant, v. IAN TAYLOR,JACOBUSSTERKEN,STICHTINGTINSEL GROUP, VITOL HOLDINGII S.A., ANDTINSELGROUP, S.A., Appellees. Appeal from the 190th Judicial District Court, Harris County, Texas Trial Court Cause No. 2012-33464 MOTION DEMONSTRATING PROOF OF PAYMENT TO COURT REPORTER AND REQUESTING RELIEF PURSUANT TO RULE 37 TO THE HONORABLE FIRST COURT OF APPEALS: iI; LETICIA Loy A, Appellant, demonstrates her proof of payment to the ., f fr, Il Ii u court reporter in the above-referenced cause number, and respectfully states: ~ !i ~ 1. Counsel for Appellant has been informed that the court reporter's record has not been filed in the above-referenced cause of action. Counsel wishes to advise the Court that counsel has filed a notice of appeal; requested that the reporter's record be prepared; and paid for the 1 preparation of the reporter's record, and in fact that check has already been cashed on March 30, 2015. See Exhibit A (Notice of Appeal); Exhibit B (March 12, 2015 Request for Record); and Exhibit C (Endorsed Check in the Amount of$160.00 paid 3/30/15). Additionally, counsel's staff has made multiple attempts at follow-up contact without success. See Exhibit D (Follow-up Communications on 3/27/15, 4/1/15, and 4/8/15). 2. Counsel for Appellant has met her obligations under Rule 35.3(b). Tex. R. App. P. 35.3(b). See also Aguero v. Aguero, 225 S.W.3d 236, 237 (Tex. App.-EI Paso 2006, no pet.). Counsel understands this Court's staff has also diligently sought filing of the record and made thorough attempts at communication without success. While Counsel is confident that the failure to file the report may be likely inadvertent or the result of extenuating circumstances, Counsel is forced to respectfully request that the Court make whatever order is appropriate to avoid further delay and to preserve the parties' rights pursuant to Rule 37.3(a)(1). TEX. R. APP. P.37.3(a)(1). For these reasons, LETICIA LOYA, Appellant, requests that this Court note Appellant's payment and fulfillment of her duties under Rule 35, and make whatever order the Court deems appropriate to avoid further delay and 2 to preserve the parties' rights pursuant to Rule 37.3(a)(1). Appellant also requests any other relief to which she may be entitled. Respectfully submitted, PROVOST *UMPHREY LAW FIRM, L.L.P. 490 Park Street P. O. Box 4905 Beaumont, Texas 77704 (409) 835-6000 (409) 813-8682 (FAX) By: / s / Jenniter Job Jennifer Job Texas State Bar No. 24050682 James Payne Texas State Bar No. 00788171 ATTORNEYS FOR APPELLANT CERTIFICATE OF SERVICE I hereby certify that a copy of this motion demonstrating proof of payment to court reporter has been sent to all known counsel of record as well as Ms. Patricia Palmer, via e-mail and via certified mail #7004 1350 00004623 5934 on April 8, 2015. / s / Jennifer Job Jennifer Job 3 i ,I 1I " \ ~ ~ 'I ! ! g 1 ~ i I 1 I EXHIBIT A l ! l !, l J r i I II 1-, [. f !,i ~ 1 r \ ! ! i ! r I i ; I i CAUSE NO. 2012-33464-A LETICIAB. LOYA § IN THE DISTRICT COURT OF § Plaintiff, § § vs. § HAJUUSCOUNTY,TEXAS § HARRY L. TINDALL, § INDIVIDUALLY, § AND TINDALL & ENGLAND § § Defendants. § 190th JUDICIAL DISTRICT NOTICE OF APPEAL NOTICE IS HEREBY GIVEN that Leticia B. Loya, Plaintiff in the above- named case, hereby appeals to the First or the Fourteenth Houston Court of ~ ! Appeals from the district court's order granting the Amended Motions to Dismiss I Based on Mandatory Forum Selection Clauses of Vitol, Inc., Michael Metz, and I! I I Antonio Maarraoui signed December 9, 2014; as well as the district court's order I I" granting Miguel Loya's Motion to Dismissed Based on a Mandatory Forum I! I I Selection Clause signed January 15, 2015,1 \ ! I ,I l I 1 The District Court signed the Order of Severance rendering these final and appealable orders on January 26, 2015 and an Amended Severance Order clarifying the docket number. 1 Respectfully submitted, PROVOST * UMPHREY LAW FIRM, L.L.P. 490 Park Street P.O. Box 4905 Beaumont, Texas 77704 (409) 835-6000 (409) 813-8605 (FAX) By: lsi Jennifer Job Jennifer Job State Bar No. 24050682 James E. Payne State Bar No. 00788171 ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ~ ~ instrument has been furnished to all known counsel of record via EFILE andlor i certified mail, return receipt requested on this 25th day of February, 2015. II 1 Is! Jennifer Job Jennifer Job I ! !. i! ! 2 EXHIBITB i! !j ~ I I I 1 I t Genia Marks From: Genia Marks Sent: Thursday, March 12, 2015 11:20 AM To: 'Patricia A. Palmer' Subject: Reporter's Record Cause No. 2012-33464-A Ms. Palmer, We received notice from the Court of Appeals (CauseNo. 01-lS-00197-CV) stating that the reporter's record is due to be filed on or before March is". Pleaseadvise our office of the charge and to whom the check needs to be issued. Thank you for your prompt attention to this matter and I askthat you do not hesitate to contact me with any questions or concerns. Genia Marks Legal Assistant to James E. Payne Provost Umphrey Law Firm, LLP 490 Park Street P.O. Box 4905 Beaumont, Texas 77704 409/835-6000 Fax: 409/813-8605 1 i. l) i ~ !, 1 I ! ;, iI De • " ts ll ~ I I ~ i! ~ •II I l ~ I I ! I i n ia 1 11 1 !1 I ~ EXHIBITC ID ~ I ~ I s £ ~ If Ii 1 r L1 ! I li ~ I ! ~ \ I I ~ I ~ ,- I i j I I, Ir Ir··· ! I ~ I I I I I I! ,, I 1 I ! I I 1 ! -Page 1 of 1 Online Imaging IAccount Numb~ IAmountllPaid Date 13620493650 11160.00 1 [03/30120151 Page 1 of1 The Front Image: ~M"·!lIi!M6iklaMifiht.u;4@Sii·&i44'iliJ4i@'1g;4;!."i_.g;Qi;.j;diij.i.i;iM4hiiua"i.I_t!2i44~.illlln!$l:rbi&8"RJ4W9;¥ffi.!iYiiMI~!_ ... Prov".t os. Umphrey LaY!Fj~lh, L.L,l'. O.~11oI 0."· Cllo.tFI".... ~ E>jloP'. 094336 ~-~un90S--·-----------E!"d.foo.<>lm To: 'Patricia A. Palmer' Sent: Thu, Mar 12, 20151:16 pm Subject: RE: Reporter's Record Cause No, 2012-33464-A Pleasesee attached. If you have any questions or need any additional information, please do not hesitate to contact me. Genia Marks Legal Assistant to James E. Payne Provost Umphrey Law Firm,LLP 490 Park Street P,O. Box 4905 Beaumont, Texas 77704 409/835-6000 Fax: 409/813-8605 2 From: Patricia A. Palmer [mailto:patriciapalmercsr@aot.com] Sent: Thursday, March 12, 2015 12:48 PM To: Genia Marks Subject: RE: Reporter's Record Cause No. 2012-33464-A Can you please provide me with the notice. Thanks! Sent from AOL Mobile Mail On Thursday, Mal"Ch12, 2015 Genia Marks wrote: Ms. Palmer, We received notice from the Court of Appeals (Cause No. 01-15-00197-CV) stating that the reporter's record is due to be filed on or before March 16th. Please advise our office of the charge and to whom the check needs to be issued. Thank you for your prompt attention to this matter and I ask that you do not hesitate to contact me with any questions or concerns. Genia Marks Legal Assistant to James E. Payne Provost Umphrey Law Firm, LLP 490 Park Street P.O. 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