Blaire Reid v. SSB Holdings, Inc. D/B/A Protec Laboratory

ACCEPTED 06-15-00094-cv SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/6/2015 5:53:03 PM DEBBIE AUTREY CLERK Appellate Docket No: 06-15-00094-CV Appellate Case Style: Blaire Reid, Appellant vs. SSB Holdings, Inc. d/b/a Protec Laboratory, Appellees FILED IN 6th COURT OF APPEALS SIXTH DISTRICT COURT OF APPEALS TEXARKANA, TEXAS CIVIL APPEAL - DOCKETING STATEM ENT 11/6/2015 5:53:03 PM NOTE: FAILURE TO FILE DOCKETING STATEM ENT AS REQUIRED BY TRAP 32.1 M AY RESULT IN DISM ISSAL OF THE APPEAL. SEE TRAPDEBBIE 42.3(c).AUTREY Clerk PARTIES (TRAP 32.1(a),(e)): Appellant(s): Appellee(s): Blaire Reid SSB Holdings, Inc. d/b/a Protec Laboratory Attorney (Lead Counsel): Attorney (Lead Counsel): W alker M. Duke Barry A. Moscowitz Address (Lead Counsel): Address (Lead Counsel): Duke Seth, P.L.L.C. Thompson, Coe, Cousins & Irons, LLP 325 N. St. Paul Street, Suite 2220 700 N. Pearl Street, Suite 2500 Dallas, Texas 75201 Dallas, Texas 75201 Telephone: Telephone: (214) 965-8100 (214) 871-8200 Fax: Fax: (214) 965-8101 (214) 871-8209 SBN (Lead Counsel): SBN (Lead Counsel): 24036505 24004830 If not represented by counsel, provide appellant's/appellee's address, telephone number, and fax number. On an attachment, list the same information for any additional parties to the trial court's judgment. PERFECTION OF APPEAL (TRAP 32.1(b),(c),(g),(j)): Date Order or Judgment Signed: Date Notice of Appeal Filed: October 23, 2015 Judgment: July 28, 2015 If M ailed, Give Date: Motion for New Trial (Attach File-Stamped Copy of Notice) denied by operation of law: October 12, 2015 1 Appeal From Final Judgment? Interlocutory Appeal of Appealable Order? (Disposes of All Parties & Issues): Yes: [ ] No: [ X ] Yes: [X ] No: [ ] Restricted Appeal Under TRAP 30? Yes: [ ] No: [ X ] Furnish Information Check as as Appropriate Appropriate Accelerated Appeal (Under TRAP 28, or Yes: [ ] No: [ X ] Reason for Acceleration: Other Rule or Statute, or Appeal Given Precedence or Priority) Temporary or Ancillary Relief None: [ X ] Basis for Request: W ill Request: [ ] NATURE OF THE CASE (TRAP 32.1(f)): Describe Subject M atter (i.e., Personal Injury, Breach of Contract, Temporary Injunction) Employment discrimination/wrongful termination Posture of Parties at Trial: Appellant(s): Plaintiff Appellee(s): Defendant TRIAL COURT AND RECORD (TRAP 32.1(c),(h),(i)): Court: County: T.Ct. Cause No.: 402 nd District Court W ood 2015-254 Trial Judge (W ho Tried or Disposed of Case): Court Clerk (District or County Clerk): Hon. G. Timothy Boswell Jenica Turner Telephone: (903) 763-2332 Telephone: (903) 763-2361 Fax: Unknown Fax: (903) 763-1511 Address: Address: P.O Box 1707 P.O Box 1707 Quitman, Texas 75783 Quitman, Texas 75783 Clerk's Record Fee Paid: Yes:[ ] No:[ X ] Arrangements Are Being M ade to Pay the Fee. Yes Court Reporter(s) or Court Recorder(s): Yes, identification unknown. Telephone Number(s): Fax Number(s): Address(es): Reporter's/Recorder's Record Yes: [X ] No: [ ] Fee Paid: Yes:[ ] No:[x ] (Check if Electronic Recording [ ]) Date Requested: Arrangements Are Being M ade to Pay Fee. SUPERSEDEAS BOND (TRAP 32.1(l)): Yes: [ ] No: [X ] Date Filed: Amount: N/A Actions Extending Timetable (TRAP 32.1(d)): Motion for New Trial 2 Filed Action Check as Appropriate Date Motion for New Trial Yes: [ X ] No: [ ] Filed: August 27, 2015 Motion to Modify Judgment Yes: [ ] No: [ X ] Request for Findings of Fact & Conclusions of Yes: [ ] No: [ X ] Law Motion to Reinstate Yes: [ ] No: [ X ] Other (Specify) Motion for Extension of Time Yes: [ ] No: [ X ] Under TRAP 26.3 INDIGENCY OF PARTY (TRAP 32.1(k)): Event Check as Appropriate Date Affidavit Filed Yes: [ ] No: [ X ] Contest Filed Yes: [ ] No: [ X ] Date Ruling on Contest Due Ruling on Contest: Sustained: [ ] Overruled: [ ] Attach File-Stamped Copy of Affidavit. OTHER INFORM ATION (TRAP 32.1(m)): Is there a question about this Court’s jurisdiction to decide on this appeal? Yes: [ ] No: [ X ] If so, explain: List any other pending or past related appeals or original proceedings before this or any other Texas appellate court by Court, Docket Number, and Style: None ALTERNATIVE DISPUTE RESOLUTION/M EDIATION W as the case mediated in the trial court? If so, please provide the mediator's name, address, telephone number, and fax number. No. Has the case been mediated since entry of the final judgment? If so, please provide the mediator's name, address, telephone number, and fax number. No. Can the parties agree on an appellate mediator? If so, please provide the mediator's name, address, telephone number, and fax number. Yes. 3 If you believe this case is not appropriate for mediation, give specifics why not. The parties have had both pre- and post-judgment settlement discussions, and Appellee has indicated it is not interested in any potential settlement. How was the case disposed of? (Summary Judgment, Trial, Dismissal, etc.) Final Judgment executed after hearing on Appellee’s Plea to the Jurisdiction. Summary of relief granted, including amount of money judgment, if any, and type of damages awarded. Dismissal of all of Appellant’s claims with prejudice. Give brief description of issues to be raised on appeal. Did the trial court err by finding that Appellant did not exhaust her administrative remedies prior to filing the employment discrimination lawsuit and ruling that the trial court did not have jurisdiction over the matter. NOTE: If inadequate space has been provided for the information requested, please provide the additional information on an attachment. I CERTIFY THAT, TO THE BEST OF M Y KNOW LEDGE, ALL OF THE ABOVE INFORM ATION IS TRUE AND CORRECT. Respectfully submitted, DUKE SETH, P.L.L.C. /s/ Walker M. Duke ____________________________ WALKER M. DUKE Texas Bar No. 24036505 wduke@dukeseth.com 325 N. St. Paul Street Suite 2220 Dallas, Texas 75201 (214) 965-8100 Telephone (214) 965-8101 Facsimile ATTORNEYS FOR PLAINTIFF 4 CERTIFICATE OF SERVICE On this 6th day of November, 2015, a true and correct copy of the foregoing document was served on the following counsel of record through the court’s electronic filing system: Jason T. Weber Thompson, Coe, Cousins & Irons, LLP 700 North Pearl Street Twenty-Fifth Floor Dallas, Texas 75201-2825 /s/ Walker M. Duke ___________________________________ WALKER M. DUKE 5