Brigetta D'Olivio v. Greg Fox

FXLED XN court of Appeals No. 05-18-00868-CV MAR 4 2019 Lisa Matz - - - - - - - - - - - - - - - - - - - - - - - - C - l e - - r k - - - - ,5th District IN 1'HE COURT OF APPEALS FOR TH ~ FIFTH DISTRICT OF TEXAS Brigetta D'Olivio Defendant-Appellant v. Greg Fox and Laura Fox, Plaintiffs-Appellees On Appeal from the 191st Judicial District Court Dallas County, Texas Tr. Ct. No. DC-16-05606 APPELLANT'S 3r41 AMENDED MOTION TO EXTEND TIME TO FILE t\PPELLANT'S AMENDED BRIEF TO THE FIFTH COURT OF APPEALS: The undersigned, Briget a D'Olivio, Appellant, files this Third Amended Motion To Extend Time Tc File Appellant's Amended Brief and would show the Court as follows: 1 1. Appellant has not been erved "Appellees' Objection To Motion For Extension of Time", dated F b. 27, 2019, nor has she been served "Appellees' Amended Objection To Moti n For Extension of Time", dated March 1, 2019. 2. In both of his Certifica es of Service for each of said the above-referenced objections, Appellees'attom y, David M. Kleiman, (Kleiman) states, in part,"/ hereby certify that a true an correct copy of this document has been served upon Appellant Brigetta D 'Olivio via the Court's eFiling service at 3. Said statement in each of aid certificates of service by Kleiman is false. 4. Appellant has never regis ered, nor has she ever given anyone, nor any entity, the permission to register he as an e-filer on any EFSP, including Texasonline.gov. Appellan does not have an e-File account with any EFSP. 5. Appellant has never waiv d her right to be served. Simply filing said above- referenced "Appellees Obje tion to Motion For Extension of Time", dated Feb. 27, 2019 and "Appellees' Ame ded Objection to Motion For Extension of Time", dated March 1, 2019 does n t constitute service. 6. Where Appellant has nev r registered as an e-filer and where there is no account of Appellant with any EFS , there can be no such service to Appellant via "e- File". Nor has Appellant ha been served Appellees' above referenced filings via email, certified, first class o regular mail. 2 INTRODUCTION 7. That pursuant to Rule 34. of the Texas Rules of Appellate Procedure, there is no written stipulation filed w th the trial court ( 191 st District Court) wherein only certain records would be file with the Court of Appeals in the event of an appeal for the underlying cause nu ber, (DC-16-05606). 8. That, on the contrary, in ppellant's Request For Clerk's Record, dated and filed July 30, 2018, it specifi ally states, in part, " ... All additional items required to be included in the Clerk's record according to Rule 34.5 of the Texas Rules of Appellate Procedure". 9. There are thirty-eight (38 records that have been previously requested to be sent up to the Court of Appeals, hich have not yet been sent up. 10. There are at least six (6) records that had been previously filed with the Court Clerk for the 191 st District ourt, which are now missing and/or removed from the Court Portal without a Cou Order. 11. There are errors and alt rations in the Reporter's Record and the Clerk's Record for which Appellan has requested corrections and of which Appellant has requested relative informati n. Appellant has made numerous and various requests for corrections, clarificatio s and inquiries, without any substantive response. 12. There are missing invoi es, improper invoices and invoices not sent to Appellant as it relates to th above-referenced thirty-eight (38) records, which 3 correspond to five (5) supple ental clerk's records requests, dating as far back as December 31, 2018. 13. One (I) of said five (5) s pplemental clerk's records requests was filed under an unrelated cause number. is is despite the fact that said supplemental clerk's records request specifically i entified the correct cause number (DC-16-05606). Another supplement request as not filed on the portal despite having been filed, and despite having a file sta p. That said supplemental request was filed only after Appellant asked why it wasn't filed. 14. Although Appellant has communicated directly with District Court Clerk, Felicia Pitre, regarding the hove-referenced issues so that Appellant can pay, and so that the supplemental cle k's records can be sent up to the Court of Appeals, Ms. Pitre has been unrespo sive to Appellant's requests for clarifications, corrections and invoices th t relate to each outstanding supplemental clerk records requests. 15. Since Ms. Pitre failed t cooperate with Appellant's requests for clarification, corrections and correct inv ices, Appellant filed correspondence with the Court Clerk of the 191 st District ourt on February 25, 2019. Since filing said correspondence, reference to Appellant's supplemental requests for clerk's records on the court portal have changed. 16. Appellant's Amended Brief is due on March 7, 2019. 4 17. For all of the above-refer need facts, which are addressed in detail below, Appellant is requesting an ex ension to file her Amended Brief so that the complete and correct requested records relevant to the underlying appeal have been sent up to the Court of Appeals, and o that Appellant will have the opportunity to review and cite said records prior to 1ling her Amended Brief. 18. That Appellant files this ithin motion not for purposes of delay, but in the interest of justice. 19. This is Appellant Pro Se' s 2nd request for extension to file her Amended Brief. Appellant is requesting an e tension to file her Amended Brief on March 28, 2019, provided said pleadin s/records have been sent to the Court of Appeals. Appellant's extension conte plates avoidance of substantial and irreparable prejudice and damage to Ap ellant. APPELLANT' JULY 30, 2018 20. On July 30, 2018, Appe lant's then attorney Timothy Hootman, (Hootman), filed a "Request For Clerk' Record" with District Clerk, wherein fifteen (15) records were requested, (Ex ibit 1, Request For Clerk's Record, dated July 30, 2018). 5 21. According to the docket heet for cause no: DC-16-05606, dated Feb. 22, 2019, there is a notation that on Au ust 1, 2018, the records for said July 30, 2018 clerk's records request were being p epared, (Exhibit 2, Docket Sheet, dated Feb. 22, 2019, p. 11). 22. On August 25, 20181, In ex for Volume 1 of 1, dated August 1, 2018 was filed with the Court of Appeals. I said Index, F elcia Pitre lists the records requested by Hootman on July 30, 2018. said listing, there is a pleading entitled, "Plaintiffs' Proposed Findings ofFact nd Conclusions ofLaw", which was not part of Appellant's Request For Cl rk's Record, dated July 30, 2018, (See Exhibit 1, Request For Clerk's Record dated July 30, 2018). 23. On August 8, 2018, a" Zerk's Record Payment Notice" (invoice) of$907.00 was filed for said July 30, 2 18 request. Next to the notation on the Docket Sheet for said date, it states, "Cler 's Record Payment Notice". It further stated, "Emailed Atty $907.00", (E hibit 2, Docket Sheet, dated Feb. 22, 2019, p. 11). 24. Approximately five (5) eeks later, on September 11, 2018, The Court of Appeals (COA) sent a lette to Hootman asking Hootman to verify payment of said Invoice for said July 30, 20 8 Clerk's Record Request. In his response to the COA, Hootman stated that he had sent a check in the amount of$907.00 for said invoice to the Dallas County Distri t Clerk's office on September 10, 2018. 1On the same date, August 25, 20 8, Appellees' Supplemental Request For Clerk's Record, dated August 24, 2018, was also filed at he Court of Appeals. There is no indication on the record that Appellees filed any request for Cle k's Record prior to August 24, 2018. 6 25. On September 14, 2018, ootman emailed Appellant, wherein he stated, "The district clerk accidentally se t the $907. 00 bill for the clerk's record to the wrong attorney ... ", (Exhibit 3, Lett r, dated September 11, 2018 and Email, dated September 14, 2018). 26. Prior to said email, date September 14, 2018, Appellant had not been made aware that the bill for said cl rk' s record request, dated July 30, 2018, was not received by Hootman or tha it was "accidentally" sent to the wrong attorney. 27. After receiving said ema 1 from Hootman, Appellant deposited an additional $3,145.00 into Hootman's b account, which she confirmed via text message to Hootman. 28. In said text message, sh informed Hootman that $907.00 of said $3,145.00 was to be used to pay said i voice, (Exhibit 4, Invoice, dated August 8, 201, Text Message of deposit and cop Deposit Slip for $3,145.00). 29. At the time that Appella t paid said invoice of$907.00 for said July 30, 2018 "Request For Clerk's Reco ", she had not yet become aware that said unsigned pleading, entitled, "Plainti s 'Proposed Findings ofFact and Conclusions of Law", was included in the ost of said invoice2 • 2Appellant had become aware tha said pleading, "Plaintiff's Proposed Findings of Facts and Conclusions of Law" only after the Clerk for the ourt of Appeals provided her with a CD of the pleadings sent up to the Court of Appeals. 7 30. Said pleading, however as not part of Appellant's "Request For Clerk's Record", dated July 30, 2018, (Exhibit 1, Request For Clerk's Record, dated July 30, 2018). DECEMBER 31, 2018 31. On December 30, 2018, ppellant sent an email to Hootman, wherein she stated, in part, "Attached is list of documents/records that absolutely must be sent up to the Appellate Court... /so I still have not received a copy of the remaining files that went up to the App /late Court that you stated you had received...", (Exhibit 5, Email, dated De ember 30, 2018@6:JOpm with ListofDocuments3). 32. The list attached to said mail included thirty-four pleadings, records etc, which were in addition to n erous other pleadings/ records that Appellant had previously requested Hoot an to have sent to the Court of Appeals. 33. At 12:00am on Decemb r 31, 20184, Hootman filed "Appellant's Request For Supplemental Clerk's Reco cf', wherein he listed twenty-seven (27) pleadings, records, etc requested, (Exh'bit 6, "Appellant's Request for Supplemental Clerk's Records "). 3 Said list of pleadings/records wa reduced to writing and attached to said email to Hootman since he had failed to request said pleading /records upon Appellant's previous multiple requests (verbal and in emails) to do so. 4 After having filed Appellant's Su lemental Request For Clerk's Record on Dec. 31, 2018 at 12:00am, Hootman filed his Motion To With raw as Attorney on Appellant's other appeal, 05-18-01126-CV (Hermus case) on Jan. 2, 2019. 8 34. On the Feb, 22, 2019 Co rt Portal, for the date for Dec. 31, 2018, under the comment section, it refers to ppellant's Request For Supplemental Clerk's Record as "Supplemental Cl rk 's Record Request", (Exhibit 7, Court Portal, dated February 20, 2019). 35. On the same court portal (Feb. 20, 2019) for the date, Jan. 4, 2019, under the comment section it states," reparing Supplemental Record 05018-00868", (Exhibit 7, Court Portal, da d February 20, 2019). 36. After Appellant had file said correspondence to Felicia Pitre with the Court Clerk in the 191 st District C urt on February 25, 2019, after having not received responses to her inquiries a d requests for invoice clarification and corrections, the references to said Dec. 31, 018 "Appellant's Request For Supplemental Clerk's Record" (within exhibit 6), hanged on the court portal. 37. On the February 28, 20 9 and the March 1, 2019 court portal under the comment section for the da e, Dec. 31, 2018, it refers to Appellant's Request For Supplemental Clerk's Rec rd as "#2 Supplemental Clerk's Record Request", (Exhibit 8, Court Portal, d ted February 28, 2019, p. 28 and Exhibit 9, Court Portal, dated March 1, 20 9). 9 38. Said Dec. 31, 2018 was ppellant's first Request For Supplemental Clerk's Record, while Hootman was still her attomey 5• Note that on the Docket Sheet, dated February 22, 2019, thee is no number attached to Appellant's Request For Supplemental Clerk's Recor , (See Exhibit 2, Docket Sheet, dated February 22, 2019, p. 13). 39. On the same court portal (Feb. 28, 2019) for the date, Jan. 4, 2019, under the comment section it does not eference a numbered supplemental request for Appellant's Dec. 31, 2018 r quest for supplemental clerk's record. Instead, it states, "Preparing Supplem tal Record 05018-00868", which is the same as Docket Sheet, dated Februa 22, 2019, and the court portal, dated March 1, 2019, (Exhibit 9, Court Portal, dat d March, 1, 2019, p. 28; See also Exhibit 8, Court Portal, dated February 28, 019, p. 28 and Exhibit 2, Docket Sheet, dated Feb. 22, 2019, p. 13). 40. For the date Janua 17 2019, on said court portal (Feb. 28, 2019), under the heading, "Clerk's Record P yment Invoice", it states, "#2 Supplemental Clerk's Record', (Exhibit 8, Court ortal, dated February 28, 2019, p. 28). 41. On the court portal, dat d February 20, 2019, for the same date, January 17, 2019, under the heading "C erk's Record Payment Invoice", it does not refer to any record requests, (Exhibit 7, ourt Portal, dated February 20, 2019). 5 Attorney Timothy Hootman contin ed to be Appellant's attorney until he was discharged by the Court of Appeals on January 15, 2019. He ad filed a Motion To Withdraw from this underlying appeal on January 7, 2019. 10 42. On the Docket Sheet, Fw: Submitted new filing(s) fo case#OS-18-00868-CV with submission id#27545149 tim hootman Fri, Sep 14, 2018 at 6:33 PM Reply-To: tim hootman To: Brigetta D01ivio Brigetta The district clerk accidentally sent the $90 bill for the clerk's record to the wrong lawyer (i.e., not to me) so I went ahead and paid it because it was late. See the attache letter in this regard that I filed with the court of appeals. Please reimburse me when you can. Tim 713.366.6229 (c) - Forwarded Message - From: support@filetime.com To: "thootman2000@yahoo.com" Sent: Friday, September 14, 2018 06:31:0 PM CDT Subject: Submitted new filing(s) for cas 18-00868-CV with submission id#27545149 file TEXAS Fast and Reliable Proof of Submission Submission ID: Cause No: 27545149 05-18-00868-CV Submission Date & Time: Client ID: 09/14/18 06:30 PM COST Document: Appellant: Letter to court of appeals.pdf Brigetta D'Olivio Appellee: Greg Fox Case Information Fees Breakdown Case Title: Client ID: Jurisdiction: Cause No: Court Fees 5th Court of Appeals 05-18-00868-CV Case Category: Attorney: Letter Civil - Other Civil Timothy Andrew Case Type: Hootman Filing Fee $0.00 Civil Filer: Payment Account: Timothy Andrew Total Fee For This Filing $0.00 4635720015893108 Hootman Submission Fees Case Parties eFiling Manager $0.09 Convenience Fee Appellant livio Yes https://mail.google.com/mail/u/O?ik=ba80a72ce2&view= search=all&permmsgid=msg-f%3A 1611627791996327736&i::imnt=m"'n-fDt.~A 1 i::11 i::-,nn• n 2/6/2019 Gmail - Fw: Submitted new filinQ(s) for case#OS-18-00868-CV with submission id#27545149 Appellee Greg F x No FileTime Service Fee $2.99 Filings Sales Tax on FileTime Fee $0.25 Filing Type: eFile & eServe Total Submission Fees $3.33 Document Total Fees for this Filing $3.33 Type Security Letter Letter to court of appeals.p f Lead Document Public Credit Card Information for This Filing Filing Description: Letter Your credit card statement will show: Pleading Jurisdiction $0.00 eFiling Manager $3.33 https://mail.google.com/mail/u/O?ik=ba80a72ce2&view= t&search=;:illJl.nArmmc,nirl:mc,n_fOL f , '"' "'" ~----~-- -·------ ,eu ,., ''"·"- i"' ,,, '>detl Pai,,,, 01, .,r.• »,· ,·e,,. ,,; " "'" ,·,,..,, I ,., -~'''' "'" '" '""·'1,mJ;,,, /,;, '""«< m,d ""' upo;, i.ssuan~ of "'" ~, ,,ip,, T-,, •'"''''·."· , . 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When l repeatedly asked you about receiving t e trial transcript, the status of the appeal and what documents were sent up to the Appellate Court, you repeatedly told me not to orry about it. Now l find out that NONE of the relevant documents, especially as they relate to my claims and defenses, have be n sent up to the Appellate Court, and moreover, not only has the trial transcript has been altered but my 2nd Amended Answer & 1 t Amended Counterclaims is not correctty referenced in your answer. My 2nd Amended Answer & 1st Amended Counterclai s were filed on Nov. 13, 2017, were timely and were unopposed. The plaintiffs' answer to this was untimely and they never cur d the special exceptions defect as raised in my amended and 2nd amended answer & 1st amended counterclaims. Also attached hereto are specific breakdowns o various, yet pertinent aspects of the underlying case that need to be addressed on appeal since, not only do they go to the heart of e case, but they also prove that my constitutional right to due process and my right to a full and fair trial on the merits was viol ed. These facts and evidence, which are a part of the trial m@rd. further prove that plaintiffs' underlying case was frivolous and that t the time that it was filed, atty Kleiman knew that it was frivolous and that his filing of said underlying case was nothing short of as akedown. (This info may come in 2 emails - depending upon space) Also, I have still not received a copy of the rernai ing files that went up to the Appellate Court that you stated that you had received. Nor have l received a copy of the trial evidence t at has been sent up to the Appellate Court. Please forward that to me upon receipt of this email. This is also important beca e during trial, Greg Fox admitted to splicing and altering audio recording, altering my bank records, and testimony was given whic showed that the Foxs also altered the GCSA and Exhibit B of Amendment 3. I agree that this is a contract case and that Ame ment 4 supersedes Amendment 3. HOWEVER, the numbers relevant to the contract and hence, the numbers relevant to the rial, are derived from what was considered the "formal construction budget", dated June 26, 2014, which the Foxs agreed to via em ii on June 27, 2014. Said formal construction budget was subsequently reduced to the written and signed Amendment 3, dated July , 2014. Included in, and attached to, said Amendment 3 was Exhibit B, dated July 7, 2014. Said Exhibit B reiterated the constructio budget breakdown as well as the 23 required items that the Foxs were required to purchase with the allowance budget, which was a so specifically referenced in both the formal construction budget and said Amendment 3. Parenthetically, EVERY amendment to the GCSA and all of which the Foxs signed, contractually obligated the Foxs for any and all costs for any and all upgrades, modifications and/ r change orders, as well as, for any overages on the allowance budget. As a contract case, breach of contract is the most ormidable aspect. Where one breaches first, then he/she cannot then enforce the contract on the party who did not breach. The pa who did not breach is entitled to benefit of the bargain - full contract price plus whatever interest {in this case 18%) for any unpai balances on the contract, and where fraudulent inducement exists, and in this case, where the evidence is overwhelming that th Foxs intentionally and repeatedly perpetrated fraudulent inducement, then tort is allowed, hence damages. The Court erred, and in fact, further demonstrated ts gross prejudice against me when, during trial, it REFUSED to allow my fraud claims against the Foxs to be presented. Not only as this overt bias, but it flies in the face of due process. My 2nd Amended Answer and 1st Amended Counterclaims, filed No . 13, 2017, were not only timely filed, but stood unoQQOSed. Included in my counterclaims were causes of action for fraudulent inducement, fraud by nondisclosure, common law fraud and fraudulent concealment. The fraud committed by the Foxs was inextricably i tertwined with the underlying contract. The underlying contract is the GCSA and 4 Amendments, thereto. You, in fact, even stated t me last week that the judge "hates'; me and would sign any order against me. For an appellate attorney who was not a part of the trial level to make that statement further shows that Judge Slaughter's bias against me is so grotesque that a person not intima e with the trial level in this case would be aware of her bias. 10/2019 Gmail- DC-16-05606 Appeal During trial, Greg admitted that he and Laura reached the contract first and that they were insolvent before they entered into contract and were already in material breach ( II of this intentionally concealed by the Foxs throughout life of contract). As l have informed you repeatedly, the trial tra script is altered - in MULTIPLE areas, INCLUDING where Greg Fox admitted that he and Laura breached the contract first, where G eg Fox admitted that he and Laura ordered more than 380 upgrades, where Greg Fox admitted that he and Laura were in materi l breaches (insolvency, federal tax lien.and failure to pay when due) and where Laura admitted that they had received the final ·nvoice, and did not pay it, and that they owed me money but would only pay what they owe me if they were ordered by the Court o pay me, etc. Four (4) critical documents prove that during th trial Greg Fox admitted to breaching first, and these four documents further prove that the transcript was altered. 1. .Q!.Q§ing..ru-gument during trial on Nov. 22, 2017,..QY. m:v. attorney, Jennifer Gjesvold wherein she explicitly stated that plaintiff Greg admitted during his trial testimony that he and L ura breached the contract first. When asked by the judge if he had any rebuttal to Gjesvold's closing statement, Foxs' attorney Kl inman said he did not. IF Greg Fox had not admitted to breaching first, then logic would dictate that Kleiman would have rebutted Clearly they forgot to alter this part of the trial transcript. 2. f.!:!mi.!. dated Nov. 24, 2017 from mY. attorneY. enn~ r jesvold to mY. sister. Said email was sent only two (2) days after trial had ended. See copy of email below. l~ 1 Fri, Nov 24, 2017, 9:52 AM Jennifer Gjesvold, Esq. ! To me Hey Bernie! Thanks so much. Your my leg I eagle. Awesome!! I am still working on the brief. This is helpful. I need the breakdown briggetta did in fourteen the ·udge told her to slow down. Cause the judge was writing it down. So i need to be consistent with what she wrote own. Also need the adjusted cost to complete. Ultimately I want her to do the same analysis as the expert cause she was so on point. And / listed her as an expert a nd he never objected nor did he take her on vior dire.... so I want and eed her to redo accurately his expert report by Saturday. Just exactly as he did just fixing what I pointed out when h was on cross. Then I also need her damages breakdown. Finally I need her to release the lien on Monday so I can how the court that she's done that and so that knocks out his fraudulent lien, conversion, theft, and what she did to itigate damages,ie paying to hold their property in the container on their property, ect. Paying subcontractors who th y did not pay, that sort of stuff. I need all that by Saturday. If possible. Your one smart cookie and if you can help er stay streamlined and focused, meaning three pages or less, plus proof of payment for what she paid for in the cool tube thing. That would be great. Hope you both had a wonderful thanksgiving. Let's meet sunday to pull eve hing together. I highly doubt opposing counsel will submit anything beyond what he submitted as exhibit 80. So i think now is the time for a directed verdict on everything except breach of contract then use their own testimony to ang them since Greg admitted he breached first. She has to give that the utmost weight. So i need her breakdow. on breach of contract damages. Regards, jen 3. f!:nsli!, dated Feb. 1, 2018 from Gjesyold to me I am in process of retrieving the email. In said email, Gjesvold reiterated the FACT that Greg Fox admitted during his trial testi ony that he and Laura breached the contract first. 4. Defendant's Post Trial Brief, filed Nov. 29, 2 , wherein par. 1, lines 1-1 O, it states, "Greg Fox admitted at trial to brea ing the contract for services first, that it was a material breach, and that he and his wife were insolvent at the time they entered in the contract for services with Ms. D'Olivio.... Greg Fox admitted that there was a federal tax lien on the subject property which was second material breach to the general service contract ... Laura Fox admitted at trial to receiving the May 19, 2016 emails, Defend nt's Exhibit 18 and Defendant's Exhibit 19, which shows that both Greg and Laura Fox admitted to receiving the final invoice o or about May 8, 2016 and that they could not pay the undisputed amount due and owing to Ms. D'Olivio ..." . At NO time since the trial, has Foxs' attorney, Klei an, ever stated that the Foxs did not admit during their trial testimony that they breached the contract first, that they ordered more than 380 upgrades, that they were insolvent before they entered into contract, that they were in material breaches, including as t federal tax lien since June 2015. In fact, atty Kleiman never filed any controverting statements rebutting or challenging t e statements made by my attorney regarding these issues, neither during closing arguments at trial, nor in response to "Defendant's Post Trial Brief', filed on Nov. 29, 2017. Moreover, my former attorney, Gjesvold never amended the post-trial brief. To say that the altering of a trial transcript is of no i port is to deny the reality that i) altering a trial transcript is, itself, fraud on and by the Court; ii} is a crime; iii) belies any claims ma e by plaintiffs; iv) taints the record on appeal; v) is a continuation of violation of my constitutional right to due process, etc. This iss e will NOT go unattended. As my retained appellate attorney, I am insisting th t the altered transcript be noted on appeal and all records that I have requested be immediately sent up to the Appellate Court whe the appellate brief has been filed with verification that this has been done .. I 10/2019 Gmail - DC-16-05606 Appeal am also insisting that the appellate brief be am nded. Please call should you have any questions. Sincerely, Brigetta D'Olivio Brigetta D'Olivio Custom Home Builder 214.733.7204 Beautiful Homes by Brigetta NAWIC ****** CONFIDENTIALITY NOTICE•••••• NOTICE: This e-mail message and all attachments transmitted lth it may contain lega/ly privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are ereby notified that any reading, dissemination. distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this mess e in error, please notify the sender immediately and delete this message from your system. The recipient should check this email and any attachments far the presence of viruses. This company accepts no liability for any damage caused by any virus transmitted by this email. Thank you. 5 attachments :.'.l to ac (1 ).pdf 61K :J p3.pdf 90K -;_:j p2.pdf 137K :J p5.pdf 178K :.1 p6 (1).pdf . 169K Non-Jury Pre-Trial Order, A gust 10, 2016 Defendant's 2nd Amended swer & I St Amended Counterclaims, filed Nov. 13, 2017 Defendant's Brief on Damag s, filed Nov. 29, 2017 Plaintiff's Amended Designa ion of Expert Witness, filed July 28, 2017 Plaintiff's Original Petition, led May 10, 2016 Plaintiff Amended Petition, fi ed July 28, 2017 Deposition Transcript, filed gust 11, 2017 Defendant's Amended Motio For Continuance, filed August 18, 2017 @4:00pm Defendant's Answer to Motio To Withdraw, filed August 21, 2017 @12:40PM Defendant's Amended Answe To Motion To Withdraw, filed August 22, 2017 @3:22PM Defendant's Amended Motio To Set Aside, filed September 7, 2017 @11 :55AM Defendant's Motion To Quas , filed September 7, 2017@1 l:45AM Atty Clark's Motion To With aw, filed August 18, 2017@10:43AM Defendant's Motion For Conti uance, filed August 16, 2017 @4:48PM Order, dated August 21, 201 7 Order dated September 22, 20 7 (denying motion to quash) Docket Sheet, dated Septembe 22, 2017, filed on September 29, 2017@4:07PM Defendant's Amended Respo e to PJ's Motion For Sanctions, filed Oct. 4, 2017 @4:0IPM Defendant's Correspondence t the Court, dated 8/24/, 2017, filed August 25, 2017 @3:52PM Hearing Transcript for Nov. I , 2017 Hearing Transcript for August 3, 2017 Hearing Transcript for Septem er 22, 2017 Defendant's Motion To Comp 1, Sanctions, Continuance, filed Nov. 9, 2017@ 1:28PM Defendant's Demand For A J Trial filed Nov. 13, 2017 Defendant's Correspondence t the Court, filed October 4, 2017 Defendant's Correspondence t the Court, filed September 26, 2017 @2:34PM Defendant's Correspondence t the Court, filed Nov. 13, 2017 @12:39PM Defendant's Motion To Comp 1 Arbitration, filed Nov 2017 Defendant's Combined Motion To Strike Plaintiff's Answer to Counterclaims as Untimely and TO Strike From the Record Pla ntiff's Motion To Strike Defendant's Amended Answer and Counterclaims, filed Nov. 20, 017 Defendant's Amended Excepti n To Plaintiff's Petition, filed Nov. 20, 2017 Defendant's Motion To Exclud Expert Testimony & Report, filed Nov. 20, 2017 EXHIBIT 6 42 FILED DALLAS COUNTY 12/31/2018 12:00 AM FELICIA PITRE DISTRICT CLERK Angela Conejo No. DC-16-05606 GREG FOX § IN THE DISTRICT COURT § V. § DALLAS COUN1Y, TEXAS § § 191ST JUDICIAL DISTRICT APPE CLERK'S RECORD To the Clerk: ' Appellant, B~a D'Olivio, files this request for supplemental clerk's record in th s appeal and requests the clerk to prepare a Supplemental Clerk's ecord, including the following items: • Info Sheet, fi ed on or about 05/11/2016 • Non-jury Pre trial Order, filed on or about 8/10/2016 • Defendant's nd Amended Answer & 1st Amended Counterclaims, filed on or ab ut 11/13/2017 • Defendant's rief on Damages, filed on or about November 29, 2017 ! • Plaintiffs Ajended Designation of Expert Witness, filed on or about 07/;si~o17 • Deposition tr*script, filed on or about 08/18/2017 • Defendant's ended Motion for Continuance, filed on or about 8/18/2017 I • Defendant's tswer to Motion to Withdraw, filed on or about 8/21/2017 • Defendant's ended Answer to Motion to Withdraw, filed on or about 8/22/2 17 • Defendant's ended Motion to Set Aside, filed on or about 9/7/2017 • Defendant's Jotion to Quash, filed on or about 9/7/2017 • Atty Clark's Mption to Withdraw, filed on or about 8/18/2017 I 1 I • Defendant' Motion for Continuance, filed on or about 8/16/2017 • Order, date on or about 8/21/2017 • Order, date1 on or about 9/22/2017 (denying motion to quash) • Docket She~t, dated 9/22/2017, filed on or about 9/29/2017 • Defendant's Amended Response to Pl's Motion for Sanctions, filed on or a out 10/4/2017 • Defendant's Correspondence to the Court, dated 8/24/2017, filed on or about o/4/2017 • Defendant's otion to Compel, Sanctions, Continuance, filed on or about 11/ /2017 • Defendant's emand for a Jury Trial, filed on or about 11/13/2017 • Defendant's ~orrespondence to the Court, filed on or about 10/4/2017 I • Defendant's ~orrespondence to the Court, filed on or about 9/26/2017 i • Defendant's ~orrespondence to the Court, filed on or about 11/13/2017 I • Defendant's ¥otion to Compel Arbitration, filed Nov 2017 • Defendant's ombined Motion to Strike Plaintiffs Answer to Counterclaim as Untimely and to Strike From the Record Plaintiffs Mo ·on to Strike Defendant's Amended Answer and Counterclaim , filed on or about 11/20/2017 • Defendant's ended Exception to Plaintiffs Petition, filed on or about 11/20/ 017 • Defendant's otion to Exclude Expert Testimony & Report, filed on or about 11 20/2017 Dated: 2 Respectfully submitted, /s/TimothyA. Hootman Timothy A. Hootman SBN 09965450 2402 Pease St Houston, TX 77003 713.247.9548 (office) 713.366.6229 (cell) 713.583.9523 (fax) thootman2ooo@yahoo.com ATTORNEY FOR APPELLANT BRIGETTA D'OLIVIO ~ERTIFICATE OF SERVICE On this day, a opy of the above document was served by electronic service on the followi g attorneys of record: David M. Kleiman VINCENT ERAFINO GEARYWADDELLJENEVEIN, P.C. 1601 Elm treet, Suite 4100 Dallas, 75201-3703 dkleiman vinlaw.com Dated: December 30, to18 /s/TimothyA Hootman Timothy A Hootman 3 EXHIBIT 7 43 2/20/2019 Details Case Information DC-16-05606 191st Di trict Court SLAUGHTER, GENA 05/10/2016 OTHER CONTRACT CLOSED Party .., FOX, GREG Lead Attorney • KLEIMAN, DAVID MASON ·,· Retained 214-979-7400 214-979-7402 .., FOX, LAURA Lead Attorney KLEIMAN, DAVID MASON Retained 214-979-7400 214-979-7402 https://courtsportal.dallascountv.ora/DALLASPROD/Hnm /Wnrko::n=ir.. Mnn..?n=n 2/20/2019 Det~!!e ... D'OLIVIO, BRIGETIA Pro Se Address 3800 PEBBLECREEK CT. PLANO TX 75023 Pro Se Pro Se Lead Attorney PATIERSON, GARY E Retained 713-223-3095 713-223-2121 •• Disposition Events Judgment• JUDGMENT NON-JURY Judicial Officer SLAUGHTER.GENA Judgment Type JUDGMENT NON-JURY $281,506.40 $31,100. 4 . .... $1,126.00 $58,407.00 . of $372.,_140.04 l httru:!• //,..n11rtc::!,nnrt!:1I rl~ll~e!:,..n11nh1 nrn/n.4.1 I .6.~1-1Qnn/l-ln o/\J\/nrltc::n~r:ol\.Anrlo?n=n Ii Details 2/20/2019 FOX, GREG, et D'OLIVIO, RIGETIA Events and Hearings ... .. .:. Plaintiff's Original Petition ' . ... Civil Case Information Sheet ... ESERVE OUT OF COUNTY 07/07/2016 3/36 Details 2/20/2019 ... Order Granting Substituted Se ice ... ORDER SUBS SERVICE - AD IN QUE ... BRIDGETTA D'OLIVIO ... BRIGETTA D'OLIVIO RETUR OF SERVICE ... .. Defendant's Original Answer ... Vacation Letter ... ... SLAUGHTER, GENA 9:00AM BY COURT ADMINISTRATOR 4/36 Details 2/20/2019 S/S MAILED Vacation Letter < .• • PLAINTIFF'S UPDATED VACATION LETTE • • • PLTF'S SUPPLEMENTAL M/ OMPEL • SLAUGHTER, GENA 10:00 AM • AND; SUPPL MOTION • 5/36 2/20/2019 Details • PLT - AMENDED • AMENDED (NOT AGREED) • • RE: DIM/CONTINUANCE RE: CONTINUANCE AND W THDRAWAL OF ATTORNEY • TO DEFENDANTS MOTION FOR CONTINUANCE • ATTORNEY 6/36 Details 2/20/2019 PRIVATE PROCESS SERVER 08/22/2017 ATTY • • • AMENDED • AMENDED MOTION FOR C NTINUANCE • ORDER WITHDRAW • • DEFENDANT 7/36 Ii Deta!!s 2/20/2019 • ANSWER TO MOTION TO WI HDRAW AS COUNSEL • ATTORNEY PRIVATE PROCESS SERVER 08/22/2017 ATTY/DB • TO MOTION TO WITHDRAW AS COUNSEL .... AMENDED ANSWER TO M TION TO WITHDRAW AS COUNSEL • CIT EXEC 8/21/17 PPS ·• I 8/36 Details 2/20/2019 ... ATTORNEY ATTORNEY ATTORNEY PRIVATE PROCESS SERVER 08/23/2017 ATTY ... ATTORNEY PRIVATE PROCESS SERVER 08/23/2017 ATTORNEY ... SLAUGHTER, GENA 9:30AM 15 MINS - 214-733-7204 -AM /M/CONTINUE SET BY BRIGETTA D'OLIVIO ... CIT EXEC 8/22/17 TO DAVI MASON KLEIMAN PPS ... 9/36 h++,",.,,,..,.,,,rt,mnrh:il 1fall""'"m1ntv.ora/DALLASPROD/ ome/WorkspaceMode?p=O i I Details 2/20/2019 CIT EXEC 8/22/17 TO DAVID KLEIMAN PPS • RE: NOTICE OF WITHDRAW L • SLAUGHTER,GENA 9:30AM CARRIED TO ANOTHER WEE ATTORNEY PRIVATE PROCESS SERVER 08/30/2017 ATTORNEY ,,.. . ' ... httos://courtsoortal.dallascountv.org/OALLASPROD/ ome/WorkspaceMode?p=O 10/36 Details 2/20/2019 ATTORNEY N/C ... ATTORNEY PRIVATE PROCESS SERVER 08/30/2017 N/C ... ATTORNEY N/C ... • CIT EXEC 8/29/17 TO DAVI KLEIMAN MASON PPS ... CIT EXEC 8/29/17 TO DAVI MASON KLEIMAN PPS ... ... LETTER TO JUDGE 11/36 Details 2/20/2019 • DEFENDANT • DEFENDANT - TO M/SET ASI E ORDER • DEFENDANT - AMO M/SET A DIE ORDER • AMO M/ SET ASIDE ORDER DEFENDANT • ORDER ON AMO M/SET ASI E ORDER • DIM/QUASH 12/36 h++""'" "~n, ,r+.,r.nr+.. 1,1,:,11,,.,,,n, ,ntv nrn/DALLASPROD/ ome/WorkspaceMode?p=O 2/20/2019 Details ORDER ON MOTION QUIIAS • M/QUASH • SUBPOENA: JP MORGAN C ASE BANK NA • PLAINTIFF'S RESPONSE TO MOTION TO QUASH • SLAUGHTER, GENA 03:45 PM BRIGETIA D'OLIVIO 214 733-7 04 15 MIN M/QUASH • 0/DENYING (DF) M/QUASH • LETIER TO COURT REPO TER REQUESTING TRANSCRIPT - COPY GIVEN TO MELBA W IGHT • 13/36 httos://courtsoortal.dallascountv.org/DALLASPROD/ ome/WorkspaceMode?p=O I I 2/20/2019 Details DESIGNATION REQUESTED J TIME OF ACCEPTANCE W/IN 3 DAYS ,cc ... LETIER TO JUDGE SLAUGH ER 05-17-01119-CV ... SLAUGHTER, GENA 10:00 AM REQUESTED BY ATIORNEY/P O SE 15 MINS - SET BY KIM - 214-97 -7443 - CC REQ ... clerk's record request ... TO MOTION FOR SANCTIO S ..... RE: INVOICE #171004-1 14/36 htt1Js://courtsoortal.dallascounty.org/DALLASPROD/ ome/WorkspaceMode?p=O Deta!!s 2/20/2019 • RE: REQUEST TO RE-SCHE ULE DEFENDANT'S SCHEDULED HEARING DATE OF OCTOBE 4TH, 2017-AMENDED MOTION TO SET ASIDE ORDER • AMENDED - MOTION FOR S NCTIONS • PREPARING CLERKS REGO D '. EMAILED PRO SE FOR $402 SLAUGHTER, GENA 10:00 AM HEARING RESCHEDULED D/M/SET ASIDE- BRIGETTA DOLIVIO 214 733-720415 MINS • 15/36 htt"c:·I/M11rt<:rinrtal rlallascountv.ora/DALLASPROD/ ome/WorkspaceMode?p=O Details 2/20/2019 ROBERT M. CLARK'S RESP NSE TO BRIGETTA D'OLIVIO'S MOTION TO SET ASIDE ORD RAND MOTION TO QUASH I DE; C;NFERENCE TO_ 1 Si AMO ANS & COUNTERCLAIM I· • DEFT'S 1ST AMO ANS & CO NTERCLAIM .... Reporters Certification for the deposition of Brigetta D'Olivio ... FIRST AMENDED ANSWER ... SANCTIONS AND CONTIN ANGE ... TO MOTION TO COMPEL, ANCTIONS AND CONTINUANCE ... ... " CONTINUANCE t ORDER ON MOTION TO C MPEL, SANCTIONS AND htt"c,·//r,n11rt.:nnrtal.dallascountv.ora/DALLASPROD ome/WorkspaceMode?p=O 16/36 2/20/2019 Dsta!!s • RE: MOTION TO COMPEL, S NCTIONS AND CONTINUANCE • RE: DOCKET CALL I I • • .... 2ND-1ST AMENDED COU TERCLAIM .... PLAINTIFF'S RESPONSE :r MOTION TO COMPEL PLAINTIFF'S OBJECTION T REQUEST FOR JURY TRIAL .... ...... ____ ,, __ , ... _.,,.. ...~, ~ .. 11 .. ., ... ,.., ,nh, nrn/nAI I A~PR()n/ nme/WorksoaceMode?o=O 17/36 Details 2/20/2019 SLAUGHTER, GENA 10:15 AM RE-SET W/BRIGETTA D'OLIVIO (214-733-7204) 15MIN (FINAL HEARING) .... Plaintiffs' Witness List .... Notice of Appearance • Defendant's Witness List .... Defendant's First Amended itness List • DEFENDANT'S 2ND AMEN ED .... Plaintiffs' Greg and Laura F x Motion to Strike Counterclaim .... 18/36 htt"o·//rnr ,rtc:nnrt<>I n<>ll<><:.r.n, intv nra/DALLASPROD ome/WorksoaceMode?p=O Details 2/20/2019 (Plaintiffs Greg and Laura Fox) ' Answer to Counterclaim ..ii. SLAUGHTER, GENA 9:30AM BY COURT ADMINISTRATOR Plaintiffs' Amended Answer to Counterclaim Combined Motion to Strike P' Answer to CC & Strike MTS-D'Olivio .... Motion to Compel Arbitration- 'Olivio-0006 .... Defendant's Amended Speci I Exceptions to Plaintiff's Amended Petition .... 05-17-01119-CV 19/36 httt,.,· //r.n, ,rt.,nnrtal.dallascountv.ora/DALLASPROD/ ome/WorkspaceMode?p=O Details 2/20/2019 ... PLAINTIFFS' POST TRIAL BR EF EMAILED JUDGE ON BREIF ... D~FEND~N1'S POST TRl~L tRIEF EMAILED JUDGE ON BRIEF COURTESY COPY REC'D - LAINTIFF'S POST TRIAL BRIEF - PLACED IN ADMIN TRAY ... Plaintiffs' letter to Court re Rel ase of Lien EMAIL JUDGE COURTESY COPY REC'D 1 /4/17 CORRESPONDENCE LETTER TO JUDGE SUBMITTED TO DMIN TRAY. ... 05-17-01119-CV SUBMIT ST COA W/CONFIRMATION #26599 ... 05-17-01119-CV Letter to Judge Slaughter WI H PROPOSED JUDGMENT ... 20/36 htti,c:·/lt.._n, ,rt,:mnrt::il d::illascountv.ora/DALLASPROD/ ome/WorkspaceMode?p=O 2/20/2019 Details Order on Defendant's Special xceptions FINAL JUDGMENT :'\: ... Proposed Order ... FOR ENTRY OF - ***FINAL J DGMENT ATTACHED TO MOTION AS AN EXHIBIT** , ... PER MS D'OLIVIO HER ADD ESS IS CORRECT ... ... ... Notice of Hearing RE:Plainti s Greg and Laura Fox's Motion for Judgment ... Proposed Order on Motion t Withdrawal-D'Olivio 21/36 hth,c,·//"n,,rt,mnrt::il rl::illascountv.ora/DALLASPROD/ ome/WorkspaceMode?p=O 2/20/2019 Details UNOPPOSED RE: RIGHT TO ATTORNEY C IENT PRIVILEGE SLAUGHTER, GENA 11:00 AM m/enter jdgmt (david kleiman 2/9 9-7446) ... ... ... REQUEST FOR FOF CNCL F LAW SUBMITTED TO ADMIN'S QUEUE ... ffc submitted to judge htti,i,· //rr,11rt<>rinrt~I n::ill::iscouritv.·ora/DALLASPROD/ ome/WorkspaceMode?p=O 22/36 2/20/2019 Details Letter to Court ... Plaintiffs' Repsonse to Defend nt's Request for Findings of Fact and • Conclusions of Law ' ... Plaintiffs' Proposed Findings o Fact and Conclusions of Law Findings of Fact and Conclusi ns of Law Plaintiffs' Post Judgment Moti n to Compel ... RE: MOTION TO COMPEL ... Request ... Notice of Appeal ... 23/36 htt11 .. · //r:n1 ,rt..nnrtal rlallascountv.ora/DALLASPROD/ ome/WorkspaceMode?p=O 2/20/2019 Details Request ... PREPARING CLERK RECOR 05-18-00868-CV EMAILED ATIY $907.00 ... SLAUGHTER, GENA 02:30 PM KIM OLTMAN 214-979-7443 - M TION COMPEL FILED 6/28/2018 - 30- MINUTES ... ORDER GRANTING PI_._.A INTFFS POST JUDGMENT MOTION TO COMPEL. AN_D FOR S NCTIONS ... Plaintiffs' Supplemental Req est for Clerk's Records ... AND FOR CONTEMPT 111.1,.i,.,.;ii.,, " " " ' " ' ' ..... ~ V I l,Ul,"'U.IU~,11 ... ....,...,u, 11,y.v1 MJ '"""'-'-'""'-· I,....,...,, I IVI 110, 11' " " " ' ' ' ~ t ' U V O I V I V U Q ; t , ' - v n.o.+~ilc- ?1?n1?n10 ... PREPARING SUPPLEMENT LERK RECORD 05-18-00868-CV ... SUPPLEMENT CLERK RECO D COA 05-18-00868-CV - POST CARD 05-18-00868-CV SUBMIT 5T COA W/CONFIRMATION #30613 ... 05-18-00868-CV ... SUPPLEMENTAL RECORD ENT TO THE 5TH COA WITH CONFIRMATION # 30834 ... CLERKS RECORD SENT T THE 5TH COA WITH CONFIRMATION #30831 ... 05-18-00868-CV i I notaoilc.- ?t?n1?n1a ... PLAINTIFF '.,, . ... , ... ESERVE OUT OF COUNTY 12/26/2018 ESERVE/CM (1) 222//399 ... PLAINTIFF AMENDED ... Notice of Hearing RE:Plainti s Greg and Laura Fox's Amended Application for Turnover Ord r ... ... ESERVE no.t~ilc ?t?nnn10 ... ESERVE OUT OF COUNTY 01/24/2019 ESERVE/CM (2) 222/465 ... (1) EXECUTION - UNEXECU ED - BRIGETIA D'OLIVIO ... SUPPLEMENTAL CLERK'S ECORD REQUEST ... PREPARING SUPPLEMENT L RECORD 05-18-00868-CV ... APPELLANT'S REQUEST F R SUPPLEMENTAL REPORTER'S RECORD ... ... BILL PRO-SE FOR THIS SU PLEMENT. VERIFIED ATIORNEY T. HOOTMAN WITHDREW FR M APPEAL CASE. ORDER SIGNED IN THE 5THCOA 1/15/19. ... ?/?n1?n10 First Amended Notice of Heari g ... (2) WRIT OF EXECUTION N LLA BOLA - BRIGETTTA D'OLIVIO SUPPLEMENTAL CLERK'S ECORD REQUEST ... BRIGETTA D'OLIVIO ... LETTER TO COURT OF AP EALS ... Gary Patterson's Motion to thdraw as Counsel ... ORQER GRANTING MOTIO FOR WITHDRAW OF COUNSEL ... PREPARING SUPPLEMEN L CLERKS RECORD #2 05-18-00868- CV ... ?t?n1?n10 '• **CANCELLATION** • DEFENDANT'S RESPONSE O PLAINTIFFS' AMENDED APPLICATION FOR TURNO ER ORDER • ORDER DENYING PLAINTIF S' AMENDED APPLICATION FOR TURNOVER ORDER • SUPPLEMENTAL CLERK'S ECORD REQUEST • SLAUGHTER, GENA 02:00 PM REQUESTED BY ATTORNEY/ RO SE PUAMENDED APPLICATION OR TURNOVER ORDER FILED 12/03/18 30M KAREN 214-979-7410 n.o.toil~ ?t?nt?n10 Financial Total Financial Assessmen $908.00 Total Payments and Credi s $908.00 5/11/2016 Transaction $295.00 Assessment 5/11/2016 CREDIT FOX, GREG ($295.00) CARD - TEXFILE (DC) CLK 8/27/2018 Transaction $75.00 Assessment 8/27/2018 CREDIT FOX, GREG ($75.00) CARD - TEXFILE (DC) CLK 9/6/2018 Transaction $507.00 Assessment 9/20/2018 PAYMENT VINCENT ($507.00) (CASE SERAFINO FEES) GEARY CLK WADDELL JENEVEIN PC 11/28/2018 Transaction· $15.00 Assessment 11/28/2018 CREDIT eceipt # FOX, GREG ($15.00) CARD - 8072- TEXFILE 018- (DC) CLK 11/29/2018 Transaction $8.00 Assessment 11/29/2018 CREDIT Receipt# FOX, GREG ($8.00) CARD - 78275- TEXFILE 2018- (DC) DCLK 12/18/2018 Transaction $8.00 Assessment 12/18/2018 CREDIT Receipt# FOX, GREG ($8.00) CARD - 82319- TEXFILE 2018- (DC) DCLK Total Financial Assessm nt $2,543.00 Total Payments and Cre its $1,123.00 noh~ile!- ?/?0/?010 8/17/2017 Transaction $8.00 Assessment 8/17/2017 PAYMENT R ceipt # D'OLIVIO, ($8.00) (CASE 5 651- BRIGETTA FEES) 2 17-DCLK 8/18/2017 Transaction $8.00 Assessment 8/18/2017 PAYMENT D'OLIVIO, ($8.00) (CASE BRIGETTA FEES) 8/21/2017 Transaction $16.00 Assessment 8/21/2017 PAYMENT D'OLIVIO, ($16.00) (CASE BRIGETTA FEES) 8/22/20'17 Transaction $16.00 Assessment 8/22/2017 PAYMENT D'OLIVIO, ($16.00) (CASE BRIGETTA FEES) 8/28/2017 Transaction $16.00 Assessment 8/28/2017 PAYMENT D'OLIVIO, ($16.00) (CASE BRIGETTA FEES) 10/5/2017 Transaction $402.00 Assessment 10/23/2017 Transaction $80.00 Assessment 10/23/2017 PAYMENT eceipt # D'OLIVIO, ($80.00) (CASE 9600- BRIGETTA FEES) 017-DCLK 11/13/2017 Transaction $40.00 Assessment 11/13/2017 PAYMENT eceipt # D'OLIVIO, ($40.00) (CASE 4033- BRIGETTA FEES) 017-DCLK 8/8/2018 Transaction $907.00 Assessment 9/20/2018 PAYMENT eceipt # HOOTMAN ($907.00) {CASE 2851- & FEES) 018-DCLK COMPANY 1/17/2019 Transaction $1,018.00 Assessment ?/?n1?n1a 2/18/2019 Transaction $32.00 Assessment 2/19/2019 PAYMENT R ceipt # D'OLIVIO, ($32.00) (CASE 1 247- BRIGETTA FEES) 2 19-DCLK Documents not'.!llil~ ?/?nnn1a ?/?n1?n1a notailc.- ?l?n1?n10 not-:ailc.- ?/?n1?n10 I I EXHIBIT 8 44 L/28/2019 Details Case Information DC-16-05606 j GREG FOXet al vs. BRIGETTA D'OLIVIO Case Number Court Judicial Officer DC-16-05606 191st istrict Court SLAUGHTER, GENA File Date Case ype Case Status 05/10/2016 OTHE CONTRACT CLOSED Party PLAINTIFF Inactive Attorneys• FOX, GREG Lead Attorney KLEIMAN, DAVID MASON Retained Work Phone 214-979-7400 Fax Pl1one 214-979-7402 PLAINTIFF Inactive Attorneys• FOX, LAURA Lead Attorney KLEIMAN, DAVID MASON Retained Work Phone 214-979-7400 Fax Phone 214-979-7402 hff.-.r-•//,..,.,., ........................ 1 ........................ , ... /\Afnrkconl>r,<>Mnrl<>?n:0 2/28/2019 Details MOTION - QUASH 09/07/2017 CERTIFICATE OF ERVICE ..,. CERTIFICATE OF SERVICE 09/07/2017 CERTIFICATE OF ONFERENCE..,. NOTICE OF HEARING Comment DIM/QUASH 09/07/2017 NOhl-SIG"JED PR POSED ORDER/JUDGMENT ..,. ORDER QUASH Comment ORDER ON MOTION QUIIA H 0:J107/2017 CERTIF!CATE OF 0!,:1:ERH 1CE ..,. CERTIFICATE OF CONFERENCE QUASH Comment M/QUASH 09/14/2017 RETURN OF SER ICE..,. SUBPOENA JP MORGAN CH SE BANK NA Commc11t SUBPOENA: JP MORGAN HASE BANK NA 09/1 D'2017 MOTION - SANCTI NS ..,. Motion for S:s11ctions.pdf 09/20/2017 RESPONSE ..,. Pis' Re:cponse to i\i,Jtion to Qua h Comment PLAINTIFF'S RESPONSE T MOTION TO QUASH (JJ/22/2017 iviouon - Quash ..,. Jw :iciai Officer SLAUGHTER, GENA Hearing Time 03:45 PM 2/28/2019 Details Comment BRIGETTA D'OLIVIO 214 733- 204 15 MIN M/QUASH 09/22/2017 ORDER - DENY • ORDER - DENY Comment 0/DENYING (OF) M/QUAS 09/25/2017 MISCELLANOUS MISCELLANOUS EVENT Comment LETTER TO COURT REPO TER REQUESTING TRANSCRIPT - COPY GIVEN TO MELBA RIGHT 09/25/2017 NOTICE OF /\PPE L - CT. OF APPEALS • NOTICE OF APPEAL - CT OF PPEALS Comment DESIGNATION REQUESTE AT TIME OF ACCEPTANCE W/IN 3 DAYS 09/26/2017 CORRESP0!1DEN E - LETTER TO FILE • CORRESPONDENCE - LETTER TO FILE Comment LETTER TO JUDGE SLAU HTER 09/26/2017 COA - POST CAR • COA - POST CARD Comment 05-17-01119-CV 09/29/2017 f.l ,lion - s,.nctions Judicial Officer SLAUGHTER, GENA Hc,aring Time 10:00 AM Cancel Reason REQUESTED BY ATTORNEY/ RO SE Comment 15 MINS - SET BY KIM - 214-9 9-7443 - CC REQ 09/29/2017 REQUEST CLERK REPARE RECORD • 2/28/2019 Details REQUEST CLERK PREPARE ECORD Comment clerk's record request 09/29/2017 RESPONSE .... RESPONSE Comment TO MOTION FOR SANCTI 10/04/2017 CORRESPONDEN E - LETTER TO FILE • CORRESPONDENCE-LETT Comment RE: INVOICE #171004-1 10/04/2017 VACATION LETTE 10/0,'./2017 CORF:ESPONDEt~ ..,E - LETTER TO FILE• CORRESPONDENCE-LETT Comment RE: REQUEST TO RE-SCH DULE DEFENDANT'S SCHEDULED HEARING DATE OF OCTO ER 4TH, 2017 -AMENDED MOTION TO SET ASIDE ORDER 10/04/2017 RESPONSE • RESPONSE Comment AMENDED - MOTION FOR ANCTIONS 10/05/2017 NOTE - CLERl'.S Comment PREPARING CLERKS REC RD 10/05/2017 CLERK'S RECOR PAYMENT INVOICE • CLERK'S RECORD PAYMENT INVOICE Comment 10/12/2017 MOTION HEARIN • CERTIFICATE OF SERVICE NOTICE OF HEARING ,ar:/'lO 2/28/2019 Details ORDER QUASH Judicial Officer SLAUGHTER.GENA Hearing Time 10:00 AM Cancei R(:,c1son HEARING RESCHEDULED Commfi11t 0/M/SET ASIDE - BRIGETTA 'OLIVIO 214 733-7204 15 MINS '10/23/2017 COUi\iTER CLi,IM • COUNTER CLAIM 10/23/2017 RESPONSE • RESPONSE dc1605606 Fox.p f Comment ROBERT M. CLARK'S RES ONSE TO BRIGETIA D'OLIVIO'S MOTION TO SET ASIDE O DER AND MOTION TO QUASH 10/23/2017 CERTIFICATE OF ONFERENCE • CERTIFICATE Comment DEFT CONFERENCE TO 1 T AMO ANS & COUNTERCLAIM 10/23/2017 CERTIFICATE OF ERVICE • CERTIFICATE OF SERVICE Comment DEFT'S 1ST AMO ANS & C UNTERCLAIM 10/24/2017 CERTIFICATE OF EPOSITION • 333064EF.pdf Comment Reporters Certification for th deposition of Brigetta D'Olivio 10/24/2017 ORIGINAL ANSW R ·· GENERJI..L DEhllAL • Comment FIRST AMENDED ANSWE ii/09/20i7 MOTION - COMPE • t,lOTION - COMPEL httn.:·//r,n11rh::nnrl<>I rl:>11:>c:.r,n, ,nh, nrnlnAI I A~i:>Rnn/1-1 mo/11\/nrvc:n,:i,..oUnrlo?n:/1 2/28/2019 Details Comment SANCTIONS AND CONTIN ANCE 1110" 12017 CERTIFICATE CF Ot\lFERENCE • CERTIFICATE OF CONFERE Comment TO MOTION TO COMPEL, ANCTIONS AND CONTINUANCE 11/09/2017 CERTIFICATE OF ERVICE • CERTIFICATE OF 0ERViCE 11/09/2017 NON-SIGNED PR POSED ORDER/JUDGf·.11::NT • NON-SIGNED PROPOSED O DER/JUDGMENT Comment ORDER ON MOTION TO C MPEL, SANCTIONS AND CONTINUANCE 11/09/2017 NOTICE OF HEARlf~G I Fl!\T • NOTICE OF HEARING I FIAT Comment RE: MOTION TO COMPEL, ANCTIONS AND CONTINUANCE JURY DEfJAND 11/13/2017 CORRESPONDEN ,E - LETTER TO FILE• CORRESPONDENCE - LETTE TO FILE Comment RE: DOCKET CALL 1111 ~:.'2017 CERTIF!SI\TE OF E:RVICE • CERTIFICATE OF SERVICE 1i 113/2017 AFFIDAVIT • AFFIDAVIT 11/13/2017 A!VilND:::.O A!\JSVVl::i< -AIV,d\JOED G!:..NER.AL DENIAL• AMENDED ANSWER - AHENDED GENERAL DENIAL Comment 2ND-1ST AMENDED COU TERCLAIM 2/28/2019 Details 11/14/2017 RESPONSE • Plaintiffs Response to Motion t Compel.pdf Comment PLAINTIFF'S RESPONSE T MOTION TO COMPEL 11/14/2017 OBJECTiG:~ • Plaintiffs Objections to Request for Jury Trial.pdf Comment PLAINTIFF'S OBJECTION T REQUEST FOR JURY TRIAL 11/16/2017 MOTION HEARING• Af'v1D fv1 SET 1\SIDE CERT OF CONF SET ASIDE MOTICJr\J - QUASH ORDER QUASH RESPONSE dc1605606 Fox.p f Judicial Officer SLAUGHTER, GENA Hearing Time 10:15AM Comment RE-SET W/BRIGETIA D'OLIVI (214-733-7204) 15MIN (FINAL HEARING) 11/17/20'17 W!Tt-,JESS LIST• Witne:.s Lisl.pdf Comment Plaintiffs' Witness List 11/17/2017 NOTICE OF APPE RANCE • rJotice of Ari), .;,,;1ce.pdf Comment Notice of Appearance i:/17i2017 WITNESS UST • defendants witness list.pdf Comment Defendant's Witness List 1 Q/'lQ 2/28/2019 Details 11/17/2017 WITNESS LIST• defendants first amended witne s !ist.pdf Comment Defendant's First Amended itness List 11/17/2017 WITNESS UST• defendants second amended w tness list.pdf Comment DEFENDANT'S 2ND AMEN ED 11/17/2017 MOTION - STRIKE • Molion to Strike.pdf Comment Plaintiffs' Greg and Laura Fo Motion to Strike Counterclaim 11/17/2017 ORIGINAL ANSWE TO CROSS CLAIM - COUNTER PETITION• Answer to Counterclaim.pdf Comment (Plaintiffs Greg and Laura F x) ' Answer to Counterclaim 11/20/2017 Non Jury Trial• Generic Reset Non Jury Trial N tice Generic Reset Non Jury Trial N tice Judicial Officer SLAUGHTER, GENA t 1,c:2mng Tin H 9:30AM Cancel Rea;,,)n BY COURT ADMINISTRATOR 11/20/2017 /,:v1Ei~DED A1~'3V: R-/-11,,Et'.DED GEt,ER/'.L DEf,,!A.L • Amended Answer to Countercl im.pdf Comment Plaintiffs' Amended Answer t Counterclaim 1"1/20/2017 MOTION - STRIKE • Combined Motion to Strike httos://courtsoortal.dallascountv.ora/DALLASPROD/H me/WorksoaceMode?o=O 19/38 2/28/2019 Details Comment Combined Motion to Strike 's Answer to CC & Strike MTS-D'Olivio ii/2112017 f\/lOTION - CUJ1PE "" motion to compel arbitration-0' livio Comment Motion to Compel Arbitratio D'Olivio-0006 11/21/2017 SPECIAL EXCEPT ONS • Defendant's Amended Special xceptions Comment Defendant's Amended Speci I Exceptions to Plaintiff's Amended Petition 11/21/2017 ll~ACTIVATE CA:. - (OCA) 11/27/2017 COA- POST CAR • COA - POST CARO Comment 05-17-01119-CV 11/29/2017 BRIEF FILED • Fox V. 0·01;. .;,) -Pc, t T,;c;I r, i,"f.; ·df Comment PLAINTIFFS' POST TRIAL RIEF EMAILED JUDGE ON BREIF 11/29/2017 BRIEF FILED • D'Olivio Post Trial Brief Comment DEFENDANT'S POST TRIA BRIEF EMAILED JUDGE ON BRIEF 11/30/2017 NOTE - CLEFi.?n=O 2/28/2019 Details Comment (1) EXECUTION - UNEXE UTED - BRIGETIA D'OLIVIO '12/31/2018 SUPPLEMEr,lTA CLERK'S RECORD REQUEST • SUPPLEMENTAL CLERK'S ECORD REQUEST Comment #2 SUPPLEMENTAL CLE K'S RECORD REQUEST 01/04/2019 NOTE - CLERKS • Commeni PREPARING SUPPLEME TAL RECORD 05-18-00868-CV 01/16/2019 REQUEST REP RTER RECORD • REQUEST REPORTER REC RD Comment APPELLANT'S REQUEST OR SUPPLEMENTAL REPORTER'S RECORD 01/16/2019 Sl'PPLEf'i1i::':f'JTAL CLEPK'S RECOPD REQUE:ST • SUPPLH1ENTAL CLERK'S RECORD REQUEST Comment #3 SUPPLEMENTAL CLE K'S RECORD REQUEST 01/16/2019 NOTE - CLERKS Comment BILL PRO-SE FOR THIS S PPLEMENT. VERIFIED ATIORNEY T. HOOTMAN WITHDREW F OM APPEAL CASE. ORDER SIGNED IN THE 5THCOA 1/15/19. 01/17/2019 CLERK'S RECOR PAYl11El·~T INVOICE • Comment #2 SUPPLEMENTAL CLER 'S RECORD 01/22/2019 NOTICE OF HEARING! FIAT• 2019-01-22 - 1st Amended NOH_on_Amended_Applicatio _for_ Turnover_ Order.pdf Comment First Amended Notice of He ring 01/25/2019 RETURf~ OF SER !CE • (2) WRIT OF EXECUTION- BR GETTTA D'OLIVIO https://courtsportal.dallascounty.org/DALLASPROD/H me/WorksoaceMode?o=O '}0/~0 2/28/2019 Details Comment (2) WRIT OF EXECUTION NULLA BOLA - BRIGETITA D'OLIVIO 02/12/2019 SUPPLEf 1ENTA. CLERK'S R.ECORD RE(i:JEST • SUPPLEMENTA.L CLERK'S ECORD REQUEST Comment #4 SUPPLEMENTAL CLE K'S RECORD REQUEST 02/13/2019 CORRESPONDE CE - LETTER TO FILE • CORRESPONOENCE-LET Comment BRIGETIA D'OLIVIO 02/14/2019 CORRESPONDE CE - LETTER TO FILE• CORRESPONDENCE - LETT R TO FILE Corr,rnE::nt LETIER TO COURT OF A PEALS 02/15/2019 MOTION - WITHDF~AW ATTORNEY• Gar; Pa!l<,r:on's f,fotion to Wi hdra:: a Coun,,r::I for DC-16-05606.pdf Comment Gary Patterson's Motion to ithdraw as Counsel 02/15/2019 NOi',l-SIGNED PR POSED ORDER/JUDGMENT• Order Granting fviotion for Wit draw of Counsel for DC-16-05(i06.pdf Comment ORQER GRANTING MOTi N FOR WITHDRAW OF COUNSEL 02/18!2019 t'1DTE - CLEF:,:S Comment PREPARING SUPPLEMEN AL CLERKS RECORD #2 05-18- 00868-CV 02J-i8/2019 CLERK'S RECOR PAYMEf.;T INVOICE• CLERK'S RECORD PAYMENT nNOICE Comment #3 SUPPLEMENTAL CLER 'S RECORD 02/18/2019 NOTICE OF HEAR NG/ FIAT • 2019-02-18 - Notice_of_Cancel ation_of_hearing.pdf httos:1/courtsoortal.dallascountv nrn/nAI I A~PRnn/1-l m<>/\ll/..,r1,~ .... ~ ....au ....,.~.,~-n 2/28/2019 Details Comment **CANCELLATION** 02/19/2019 RESPONSE.,. RESPONSE Comment DEFENDANTS RESPON E TO PLAINTIFFS' AMENDED APPLICATION FOR TURN VER ORDER 02/19/2019 NON-SIGNED P OPOSED ORDER/JUDGMENT• NON-SIGNED PROPOSED RDER/JUDGMENT Comment ORDER DENYING PLAIN IFFS' AMENDED APPLICATION FOR TURNOVER ORDER 02/20/2019 f,1,'.ition - Turnover .,. Ami•nded Application for Turn ver.pdf SLAUGHTER, GENA Hearing Time 02:00 PM Cancel Reason REQUESTED BY ATTORNEY PRO SE Comment PUAMENDED APPLICATION OR TURNOVER ORDER FILED 12/03/18 30M KAREN 214-97 -7410 02i2Eii20i 9 CLE1~:.1('S riWnrl<l"-<>Mnrlc?n:11 3/1/2019 Details Anticipated l\',8thod 08i28/20'17 CITATION• Anticipated Server ATTORNEY Anticipated Method Comment N/C 08/28/2017 CITATION• Anticipated Server ATTORNEY Anticipated Method Actu:11 Server PRIVATE PROCESS SERVE t Returned 08/30/2017 Comment N/C 08/28/2017 CITATION• Ariti'.-ipated S ,:·ver ATTORNEY Anticip2:tud l\ lrithod Comment N/C 08/30/20"17 RETURr~ OF SER /ICE • DA\11D - CiT Comment CIT EXEC 8/29/17 TO DAV D KLEIMAN MASON PPS 08/30/2017 RETURN OF SER ICE • Ql\VID M4SON KLEIMAN - Cl Con rnent CIT EXEC 8/29/17 TO DAVID MASON KLEIMAN PPS 09/01/2017 MOTION - SUBST TUTE SERVICE • HJTIGi~ - SUBSTITUTE SER'/ICE 09/07/2017 NOTE·· ADi,1!N1ST ATOR • Comment LETTER TO JUDGE https://courtsportal.dallascounty.org/DALLASPROD/ ome/WorksoaceMode?o=O 3/1/2019 Details 09/07/2017 MOTION - SET AMENDED M/SET ASIDE RDER 09/07/2017 CERTIFICATE O SERVICE"' CERTIFICATE OF SERVICE Comment DEFENDANT 09/07/2017 CERTIFICATE O CONFERENCE "' CERT OF CONF SET ASIDE Comment DEFENDANT - TO M/SET SIDE ORDER ()9/07/2017 CERTIFICATE O co ,1FERENCE 1 "' CERT OF CONF SET ASIDE Comment DEFENDANT - AMO M/SE ASDIE ORDER 09/07/2017 NOTiCE OF HEA ING/ FIAT "' NOTICE OF HEARING/ I IAT Comment AMO M/ SET ASIDE ORD R - DEFENDANT 09/07/2017 NON-SIGNED PR POSED ORDER/JUDGMENT"' AMO M SET ASIDE Comment ORDER ON AMO M/SET A IDE ORDER 09/07/2017 MOTION - OUAS "' fP)T!C,t,J - QUASH 09/07/2017 CERTIFICATE OF SERVICE"' CERTIFICATE OF SERVICE 09/07/2017 CERTIFICATE OF ,ONFERENCE"' !JOT!CE OF HE".=/Wnrlc,o.n"'r-"Mntio?n=fl 3/1/2019 Details Comment DIM/QUASH 09/07/2017 NON-SIGNED P OPOSED ORDER/_ 11 JDGr ti ENT • ORDER QUASH Comment ORDER ON MOTION QUII SH 09/07/2017 CERTIFICATE OF CONFERD...JCE • CEHTWICATE OF COI\JFEfroMnrlo?n~n 3/1/2019 Details Comment DEFENDANTS 2ND AME OED 11/17/2017 f•10TION - STRP( • Motion to Strike.pdf Comment Plaintiffs' Greg and Laura ox Motion to Strike Counterclaim 11/17/2017 ORIG!r~AL ANSW R TO CROSS CLAH11- COUNTER PETITION• Answer to Counterclaim.pdf J I Comment (Plaintiffs Greg and Laura j°x) ' Answer to Counterclaim 11/20/2017 Non Jury Trial• GenHic Reset Non Jury Trial otice Generic Reset Non Jury Trial otice Judicial Officer SLAUGHTER, GENA Hearing Time 9:30AM Cancel Reason BY COURT ADMINISTRATO 11/20/2017 AMENDED Af\JSW R-AIVIL::NDED GENt::RAL D!::NIAL • Amended Answer to Countercl im.pdf Comment Plaintiffs' Amended Answer o Counterclaim 11/20/2017 MOTION - STRIKE • Combined Motion to Strike Comment Combined Motion to Strike 's Answer to CC & Strike MTS-D'Olivio 11/21/2017 f.10TIQi,; - COUPE • motion to compel arbitration-0' if:vio Comment Motion to Compel Arbitration D'Olivio-0006 11/21/2017 SPECIAL EXCEPT! NS• https://courtsportal.dallascounty.org/DALLASPROD/H me/WorkspaceMode?p=O 19/38 3/1/2019 Details D, fendant's Amended Specia Exceptions Comment Defendant's Amended Spe ial Exceptions to Plaintiff's Amended Petition i1/2ii2017 INACTIVATE CAS (OCA) 11127120'17 COP, - POST CA COA - POST CARD Comment 05-17-01119-CV 11129/2017 8R!EF F!LED • Fox v. D'Olivio -Po,;; Triai Bne .pdf Comment PLAINTIFFS' POST TRIAL BRIEF EMAILED JUDGE ON BREIF 11/29/2017 BRIEF FILED ... D'O!;vio f'ost Tria! i.A1ef Comment DEFENDANT'S POST TRI L BRIEF EMAILED JUDGE ON BRIEF 11/30/2017 NOTE - CLERf.W ATTCR 'EY 05/02/2018 REACTIVATE CAS (OCA) 05/02/2018 COLLECTIONS - INANCIALS 05/17/2013 f',1'JTlSE OF APPE R/iJ~<:E • Notice of Appearance. D'Olivio. df https://courtsportal.dallascounty.org/DALLASPROD/H me/WorkspaceMode?p=O 22/38 3/1/2019 Details 05/17/2018 REQUL:ST F(:;1 :rJD::~s c·:-: FACTiCC::1·:.:Lu~::JNS OF LAW• Request for Findings of Fact 'Olivio.pdf 05/17/2018 i\JOTE · CLEF 1 S Comment REQUEST FOR FOF CNC OF LAW SUBMITTED TO ADMIN'S QUEUE 05/18/2018 NOTE - ADMINIS RATOR • Comment ffc submitted to judge 05/25/2u18 CGh'.RESPCi ,DE1 CE - LETTER TO Fi LE • Ur to Court.pdf Comment Letter to Court 05/25/2018 RESPONSE • P's Resp to D's Req FFCL.pdf Comment Plaintiffs' Repsonse to Defe dant's Request for Findings of Fact and Conclusions of Law 05/25/2018 FINDINGS OF FA T/CONCLUSIONS OF LAW • P's Propc, .ed FFCL.odf Comment Plaintiffs' Proposed Finding of Fact and Conclusions of Law 05/25/2018 NON-SIGNED PR POSED ORDER/JUDGMENT • FFCL.pdf Findings of Fact and Conclu ions of Law Fox_Post Judgment r 1TC.pdf Comment Plaintiffs' Post Judgment M ion to Compel 07/03/2018 NOTICE OF HEAR NG I FIAT• https://courtsportal.dallascountv.orq/DALLASPROD/ me/WorkscaceMode?c=O 3/1/2019 Details NOH_on_Ps_PJ_Mtn_to_C Comment RE: MOTION TO COMPE 07/30/2018 REQUEST REPO TER RECORD• Request for RR.pdf Comment Request 07/30/2018 NOTICE OF APP AL - CT OF APPEALS • Notice of appeal.pdf Comment Notice of Appeal 07/30/2018 REQUEST CLER PREPARE RECORD• Comment Request 08/01/2018 NOTE - CLERKS Comment PREPARING CLERK REC 08/08/2018 COA - POST Cl1R • COA - POST CARD Comment 05-18-00868-CV O?'nf,/2018 CLER!('S RECOR PAY:'::::}:T !f !VO!CE • CLERK'S RECORD PAYMEN INVOICE Comment EMAILED ATIY $907.00 08/17/20'18 Motion - Compel • Judicial Officer SLAUGHTER, GENA Hearing Time 02:30 PM httos://courtsoortal.dallascountv.ora/DALLASPROD/ me/Worksn::ir.P.MorlP.?n=n ')A/~D 3/1/2019 Details Comment KIM OLTMAN 214-979-7443 MOTION COMPEL FILED 6/28/2018 - 30- MINUTES 08/17/20'!8 ORDER - COMP L • ORLER - COMPEL Comment ORDER GRANTING Pl_._. _INTFFS POST JUDGMENT MOTION TO COMPEL. AN_D FOR ANCTIONS 02,/24/2018 SUPPLEk1EtHAL CLEF!l('S RECOFm FE:CUTiC:<• Anticipil;ed Server ESERVE Anticipated f.:lr;tilod Act•.1al Serv," OUT OF COUNTY Returned 01/24/2019 Comment ESERVE/CM (2) 222/465 12/26/2018 RETURI ~ OF SER ICE .,. RETURN OF SERVICE Comment (1) EXECUTION - UNEXEC TED - BRIGETTA D'OLIVIO SUPPLEr' 1Ef\lTAL CLERK'S R CORD REQUEST Comment #2 SUPPLEMENTAL CLER 'S RECORD REQUEST https://courtsportal.dallascounty.org/DALLASPROD/H me/WorksoaceMode?o=O 3/1/2019 Details 01/04/2019 NOTE - CLERKS Comment PREPARING SUPPLEME TAL RECORD 05-18-00868-CV 01/1 .12019 REOUl::ST REPC ,TER F:c:CORD .... REQUEST REPORTER REC RD Comment APPELLANT'S REQUEST OR SUPPLEMENTAL REPORTER'S RECORD 01/16/2019 SUPPLEMENTAL LERK'S RECORD REQUEST .,.. SUPPLEMENTAL CLERK'S R CORD REQUEST Corrnn~:nt #3 SUPPLEMENTAL CLER 'S RECORD REQUEST 01/16/2019 NOTE - CLERKS Comment BILL PRO-SE FOR THIS S PPLEMENT. VERIFIED ATIORNEY T. HOOTMAN WITHDREW F OM APPEAL CASE. ORDER SIGNED IN THE 5THCOA 1/15/19. 01/17/2019 CLERl<'S [";ECOR PAYMENT INVOICE • Comment #2 SUPPLEMENTAL CLER 'S RECORD 01/22/2019 NOTICE OF HEA ING / FIAT .... I 2019-01-22 - 1st Amended NOH_on_Amended_Applicatio 1_tor__Turnover_Order.pdf Comment First Amended Notice of He ring 01/25/2019 RETURN OF SER ICE • (2) V,.FiT OF EXECUTIG:~- BF GETTT.4 D'OU\ ,0 Comment (2) WRIT OF EXECUTION ULLA BOLA - BRIGETTIA D'OLIVIO 02/12/2019 SUPPLEMENTAL LEF'.i('S RECORD REQUEST .,.. SUPPLEMENTAL CLERK'S R CORD REQUEST co, ,ment #4 SUPPLEMENTAL CLER 'S RECORD REQUEST https://courtsportal.dallascounty.org/DALLASPROD/H me/WorkspaceMode?p=O ?Rf'.'IR 3/1/2019 Details 02/'13/2019 CORRESPONDE CE - LETTER TO FILE.,.. CORRESPONDEr; :::E - LETl ER TO FILE Comment BRIGETTA D'OLIVIO 02/i4/2019 CORRESPONDE CE - LETTER TO FILE .,.. CORRESPONDENCE - LETT R TO FILE Comment LETTER TO COURT OF A PEALS 02/15/2019 MOTION - WITH RAW ATTORNEY.,.. Gary Patierson's Motion to Wi hdraw as Counsel for DC-i 6-05606.pdf Comment Gary Patterson's Motion to ithdraw as Counsel 02/i5/20'19 NON-SIGNED PR POSED ORDER/JUDGMENT.,.. Comment t ORQER GRANTING MOTi N FOR WITHDRAW OF COUNSEL 02/18/2019 NOTE - CLER!TE OF SEF-, /ICE NOTICE OF HEARING ORDER QU,-\fH CERTIFICATE OF CONFEREl'JCE QU.1\SH SUF:.POENA: JP f· iORC3AN C ASE F'.Af!f, t<-'.\ Motion for Sanctions.pdf Pis' Response to Motion to O ash Generic Reset Non Jury Trial otice Generic Re,et Non .Jury Trial Jotice ORDER- DENY MISCELLANOUS EVENT I CORRESPONDENCE - LETiER TO FILE iJOTICE OF APPEAL - CT Cl APPEALS COA - POST CARD i REQUEST CLERK PREPARr RECORD RESPONSE I C~:RREE~:~N.~~t~'.~~ - L:l~r~RR :Oc·· :'.~EE Cv1, 1 _ ..:.:,1 V \i!JC 1,j•_..c - LC t: 1 i!L j RESPONSE I D )C' ET CLERK'S RECORD PAYME, 1T INVOICE RESPU :SE c'c16056<1·'"l Fox pdf 333064EF.pdf COUNTER CUdH CERTIFICATE CERTIFIC.1\TE OF SERVICE NON-SIGNED PROPOSED RDER/JUDGMENT NOTICE OF HEARING / FiA CERTIFICATE OF CONFER f'JCE CERTIFICJffE OF SERVIC MOTION - COMPEL JURY DEf'.AND COR1,ES1 '.)NO ENCE - LE I TEt·, TO FILE P,FFIDAVIT 35/38 h<+n~-11~n, ,rtc,nnrt<>l rfall<>cu•n11ntv nrn/nAI I AS PRO /Home/WorksoaceMode?p=Q Details 3/1/2019 CERTIFICATE OF SERVICE AMENDED ANSWER - AMEN ED GENERAL DENIAL Plaintiffs Response to Motion t Compel.pdf Plaintiffs Objections to Reque t for Jury Trial.pdf Witness List.pdf Notice of Appearance.pdf defendants witness list.pdf defendanis first amended wim~ss iist.pdf defendants second amended t,itness list.pdf Motion to Strike.pdf Answer to Counterclaim.pdf Amended Answer to Counter laim.pdf Combined Motion to Strike motion to compel arbitration- 'Olivio Defendant's fa.mended Specia Exceptions Fox v. D'Olivio -Post Trial Brie .pdf D'Olivio Post Trial Brief Kleiman letter to Court - Fox\ D'Olivio.pdf GOA - POST CARD COA - CORRESPONDENCE LETTER 2017-12-18 - ltr to Judge slau hter re JUdgment.pdf 2017-12-18 - Proposed Judg ent.pdf Proposed Order on Amended Special Exceptions Proposed Order COMPEL A BITRATION MANDATE DISMISS COA - CORRESPONDENC LETTER Fox_NOH_on_P _s_Mtn_for_ udgrnentpdf Order on Motion to Withdraw as Counsel-FINAL DRAFT-D'Olivio .pdf Motion to Withdraw as Coun el-Brigetta D'Oiivio.pdf CORRESPONDENCE - LET ER TO FILE ORDER - WITHDRAW ATT RNEY JUDGMENT NON-JURY Notice of Appearance, D'Oli\ io.pdf Request for Findings of Fact D'Olivio.pdf Ur to Couri.pdf P's Resp to D's Req FFCL,p 'f P's Proposed FFCL.pdf FFCL.pdf Fox_Post Judgment tvlTC.pc f NOH_on_Ps_PJ_Mtn_to_ ompe!pdf 36/38 httn,::· //rn11rt<:nnrtal.dallascountv.ora/DALLASPRO /Home/WorkspaceMode?p=O 3/1/2019 Details Request for RR.pdf Notice of appeal.pdf Request for CR.pdf COA - POST CARD COVER CAPTION DOCKET SHEET COST 51l_L CLERK CERTIFICP>TE CLER!".'S RECORD P:\YiJEN 1r;·.;o:cE ORDER - COMPEL Pl,-;_Supp_R.:.,ri11r-1:c.t_for_CIPr _s_ Records pdf Post Judgment Motion For Sa ctions.pdf COVER COA 05-18-00868-CV - POS CARD CLERK'S RECORD P/\Yf·.'1EN INVOICE COA - NO PAYMENT LETTE COA-CORRESPONDENCELETTER APPELLATE RECORD APPELLATE RECORD COA - POST CARD COA - POST CARD 2018-i 1-28 - Application fort rnover.pdf REQUEST ISSUE v"JRIT Amended Application for Tur over.pdf REQUEST FOR SERVICE ISSUE WRIT RETURN OF SERVICE SUPPLEMENTAL CLERK'S ECORD REQUEST REQUEST REPORTER RECORD SUPPLEMENTAL CLERl<'S ECORD REQUEST 2019-01-22 -1st Amended NOH_on_i\mended_Applicat on _for_Turnover_ Order.pdf (2) '.\T'(IT CS EXECUTlm~- :z:GETTTA D'OUVl0 SUPPLEMENTAL CLERK'S ECORD REQUEST COF.i=<.ESPCl,DEk'::E - LET ER TO FILE CORRESPONDENCE - LET ER TO FILE SUPPLEMENTAL COVER CLERK'S RECORD PAYME T INVOICE Gary Patter,.on's r._,1otion to :thdr;·;\\ ,,s Counsel for DC-16-05606.pdf 37/38 https://courtsportal.dallascounty.org/DALLASPRO /Home/WorkspaceMode?p=O 3/1/2019 Details Order Granting Motion for Wit draw of Counsel for DC-16-05606.pdf 2019-02-18 - Notice_of_Canc llation_of_hearing.pdf RESPONSE NON-SIGNED PROPOSED O DER/JUDGMENT CLERK'S RECORD P.tWMEN INVOiCE CORRESPONDENCE-LETT CERTIFICATE OF SEFZ JICE E.;JPPLEi\JiEiHAL CLEF:1< S RE Cu Fm REQUEST #5 SUPPLEMENT.AL CLERK'. · RECORD REQUEST 38/38 htlps11oo,rtsoortal.dallasoo,,ty.o,g/DALLASPROLome/Wort 05-18-00868-CV I Trial Ct pause No. Dc-16-05606 3 messages I Brigetta D01ivlo Thu, Jan 10, 2019 at 11:02 PM To: Tim Hootman Tim, i The following must be done nllater than January 11, 2019: 1. Corrections to the December 31, 018 Supplemental Requests 2. Appellant's Second Amended Re uest For Reporter's Record - To Be File Stamped and Filed no later than January 11, 2019. I 1. Corrections to the Decembel' 31, 201.8 Supplemental Requests Please correct the following inform tion contained within the ''APPELlANT'S REQUEST FOR SUPPLEMENTAL CLERK'S RECORD" that was file stamped on December 31, 2018. Please make these corrections to sa d document (Corrections are highlighted in yellow): 1. pg.1- "Deposition Transcript, file~ on or about 08/18/2017"- INCORRECT "Deposition Transcript, dated on August 11, 2017'' I 2. pg. 2- "Defendant's Corresponde!ce to the Court, dated 8/24/2017, filed on or about 10/4/2017" INCORRECT "Defendant's Corresponde~ce to the Court, dated 8/24/2017, filed on August 25, 2017. 2. Appellant's Second Amende~ Request For Reporter's Record I • Hearing Transcript for Nov~ber16, 2017 • Hearing Transcript For Au st 23, 2017 • Hearing Transcript For Sept mber 22, 2017 Brigetta D'Olivio Custom Horne Builder 214.733.7204 Beautiful Homes by Brigetta "r l ;i,.r, j /;,', / ;-,,r,.,;1, ·,' ., :." i ,}! ~ / "',)!.'· ,.,., ,, · ( :1 } t ,.: ·,· .' ,, NAWIC ' ****** CONFIDENT/AL/TY NOTICE •••••• I NOTICE: This e-mail message and all attachmelpts transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not t~e intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its atta~hments is strictly prohibite1. If you have received this message in error, please notify the sender immediately and delete this message from your system. The recipient should check this email afd any attachments for the presence of viruses. This company accepts no liability for any damage caused by any virus transmitted by this email Thank you. : EXHIBIT 11 47 0 ',,. .,. FILED No. DC-16-05606 ZOl9JANl6 PM /=52 Greg Fox v. Brigetta D'Olivio APPELL~T'S REQUEST FOR SUPPLEMENTAL I CLERK'S RECORD To the Clerk, I Appellant, Brigetta D'~livio, files this request for supplemental clerk's record in this appeal and request~ the clerk to prepar~ a Supplemental Clerk's Record, including the followin~ items: ' I • Defendant's Corfespondence to the court, dated: 8/24/2017 and filed: 8/25/2017 i · • Deposition Tran~pt, dated August 11, 2017. Dated: January 16, 201)9 Respectfully Submitted, Brigetta D'Olivio, Appellant 3800 Pebblecreek Ct Apt 120 Plano, TX 75023 214.733.7204 CERTIFICATE OF SERVICE r On this day, a copy of e above document was served via certified mail 7016 1370 0002 0445 5999 servic on the following attorneys of record,: David Kleiman 0 GEARY WADDELL JENEVEIN, P.C. 1601 Elm Street, S te 4100 dkle' ':ff:/u-l ~ ({<.o.St= Brigetta D'Olivio, Appellant EXHIBIT 12 48 No. DC-16-05606 IN THE DISTRICT COURT DALLASCOUNTY,TEXAS 191 ST JUDICIAL DISTRICT APPfLLANT'S REQUEST FOR SUPPLEMENTAL i CLERK'S RECORD To the Clerk: I Appellant, Brigetta D'LIVIO, BRIGETTA 11247-2019-DCLK JO PEBBLECREEK CT. ~NO, TX 75023 Transaction Date 02/19/2019 ~scri tion Amount Paid :::>UVIO, BRIGETTA DC-16-05606 GREG FOXet al vs. BRIGETTA D'Oij\VIO TRANSCRIPr FEE 32.00 SUBTOTAL I 32.00 Remaining Bf lance Due: $1,420.00 PAYMENT TOTAL l'--____32_.o_o_,j CASH Tendered 52.00 Total Tendered 52.00 Change 20.00 02/19/2019 Cashier Audit 04:06 PM Station DC145 62877962 OFFICIAL RECEIPT EXHIBIT 14 50 No. DC-16-05606 FILED 19 FEB rZ Pit 3: It I GREG FOX IN THE DISTRICi,~JPR\ DALLAS co .• TEXAS . v. DALLAS GOUNTY, TEXA~PUTY BRIGETIA D'OLIVIO 191 ST JUDICIAL DISTRICT APPELLfrs CORRESPONDENCE TO COURT CLERK 191 st District Court February 12, 2019 Court Clerk 600 Commerce St. ~Floor Dallas, TX Dear Court Clerk, I Appellant, D'Olivio, filed "~pellant's Request For Supplemental Clerk's Record" on Janwuy ! 16, 2019@ 1:52 pm. ! ! In said request, Appellant tuested the Clerk to prepare a Supplemental Clerk's Record, to ! include the following: ndence to the Court, dated 8/24/2017 and filed 8/25/2017 dated August 11, 2017 Listed on the court portal, o January 16, 2019, states in part, •• ... 01116/2019 NOTE- CLERKS ... comment ... BILL rRO SE ... " ' Listed on the court portal, ot January 17. 2019, states, "01/1712019 CLE_RKS RECORD PAYMENT NOTICE" i , 1of3 1 Plus AppeHant's Req~ For Supplemental Clerk's Record dated December 30, 2018 (3 pages) Appellant's Requ st For supplemental Oerk's Record dated January 16, 2019 (2 paces) opyof Page from Court Portal-OC-16-05606 (1 page) ! N9T received a ''PAYMENT NOTICE" for the Supplemental Clerk's i To date, Appellant has Record (dated January 16, ~O 19) with the request to include the above-referenced court records. I Appellant requests that thelcourt Clerk forward the following: I 1. Strict Proof of mailF and/or copy of email~date & time sent to Appellant, regarding the "PAYMENT N01CE" for the Supplemental Request for Clerk's Record as is indicated I on the court portal. I I 2. Copy of the "PA. N T NOTICE" as indicated on the court portal. I 3. A complete list of tte Clerk's Record that bas been prepared and sent up to the Court of Appeals. I Please find attached the folfowing: I I. Appellant's Reques~ For Supplemental Clerk's Record dated December 30, 2018, file I stamped on Decem+r 31, 2018 and placed on the court portal on January 8, 2019. 2. Appellant's Reques~ For Supplemental Clerk's Record dated January 16, 2019, file saunped January 161 2019 and placed on die court portal on JanUIIIY 16, 2019. 3. Copy of the page £r4m Court Portal indicating above-referenced court portal dates I I (January 16, 2019 8fd January 17, 2019) inputs. Sincerely, cc: Court of Appeals ~ 2of3 Plus Appellant's Req st For Supplemental Cleric's Record dated December 30, 2018 (3 pages) Appellant's Re est For supplemental Clert<'s Record dated January 16, 2019 (2 pages) Copy of Page from Court Portal-DC-16-05606 (1 page) CERTfflCATE OF SERVICE On this day, January 12, 2~19, a copy of the above document was served via Certified Mail (7018 1830 0000 3897 278p) service on the following attorney of record: ! David M. Kleiman *: Vincent Serafino Geary W dell Jenevein, P.C. 160 l Elm Street, Suite 41 Dallas, TX 7520 l THIS SPACE LEFT INTENTIONALLy BLANK I 3of3 Plus Appellant's Requ For Supplemental Clerk's Record dated December 30, 2018 (3 pages) Appellant's Req est for Supplemental aerie's Record dated January 16, 2019 {2 pages) ~ pyof Page from Court Portal-OC-16-05606 (1 page) ! FILf DALLAS COUN' 12/31/2018 12:00 /' FELICIA PITF DIS1RICT CLEf Angela Conejo No. DC-16-05606 GREG FOX § IN THE DISTRICT COURT § v. § DALLAS COUN1Y, TEXAS § 1 I BIUGE'ITADl'LIVIO § 191ST JUDICIAL DISTRICT Ae__J,lttWf'S REQUEST FOR SUPPl,BMBNTAL I CJ.ER.K'S RECORD To the Clerk: I Appell4t, Brigetta D'Olivio, files this request for supplemental clerk's record) in this appeal and requests the clerk to prepare a f Supplemental lerk's Record, including the following items: • Info beet, filed on or about 05/11/2016 • Non- ury Pre-trial Order, filed on or about 8/10/2016 • Defe dant's 2nd Amended Answer & 1st Amended Counterclaims, filed nor about 11/13/2017 • Defe dant' s Brief on Damages, filed on or about November 29, • ;~::Jiffs Amended Designation of Expert Witness, filed on or abouf07/28/2017 • Depo ition transcript, filed on or about 08/18/2017 • Defe dant's Amended Motion for Continuance, filed on or about 8/18 2017 • Defe dant's Answer to Motion to Withdraw, filed on or about 8/21 2017 • Defe dant's Amended Answer to Motion to Withdraw, filed on or abou 8/22/2017 • Defe dant's Amended Motion to Set Aside, filed on or about 9/7/ 17 • Defe dant's Motion to Quash, filed on or about 9/7/2017 • Atty iark's Motion to Withdraw, filed on or about 8/18/2017 1 nt's Motion for Continuance, filed on or about 8/16/2017 • Order, ated on or about 8/21/2017 • Order, ted on or about 9/22/2017 (denying motion to quash) • Docket heet, dated 9/22/2017, filed on or about 9/29/2017 • Defend t's Amended Response to Pl's Motion for Sanctions, filed on or about 10/4/2017 • Defend nt's Correspondence to the Court, dated 8/24/2017, filed on or a ut 10/4/2017 • Defe.nd nt's Motion to Compel, Sanetions, Continuance, filed on or abou 11/9/2017 • Defend t's Demand for a Juzy Trial, filed on or about 11/13/2 17 • Defen t's Correspondence to the Court, filed on or about 10/4/2 17 • Defend t's Correspondence to the Court, filed on or about 9/26/2 17 • Defen~t's Correspondence to the Court, filed on or about 11/13/2,17 • Defend nt's Motion to Compel Arbitration, filed Nov 2017 • Defend nt's Combined Motion to Strike Plaintiffs Answer to Counte laims as Untimely and to Strike From the Record Plain · s Motion to Strike Defendant's Amended Answer and Counte aims, filed on or about 11/20/2017 • Defend t's Amended Exception to Plaintiffs Petition, filed on or about 11 20/2017 • Defend t's Motion to Exclude Expert Testimony & Report, filed on or a ut 11/20/2017 Dated: 2 Respectfully submitted, /s/TimothyA. Hootman Timothy A Hootman SBN 09965450 2402 Pease St Houston, TX 77003 713.247.9548 (office) 713.366.6229 (cell) 713.583.9523 (fax) thootman2ooo@yahoo.~.om ATIORNEY FOR. APPELLANT BRIGETIA D'Ouv10 CERTIFICATE OF SERVICE On this 4y, a copy of the above document was served by electronic service on the topowing attorneys of record: I Da ·d M. Kleiman VlN ENTSERAFINOGEARYWADDELLJENEVEIN, P.C. 160 Elm Street, Suite 4100 Dal s, TX 75201-3703 dkl iman iiNinlaw.com Dated: Decembe~ 30, 2018 ! /s/TimothyA. Hootman Timothy A Hootman 3 0 FILED No. DC-16-0S606 2DJ9 JAN 16 PM I: 52 Greg Fox V. Brigetta D'Olivio ~ REOOJ'.ST fOB81/ffl«JMRNTAL 1 CLERK'S RECOBQ To the Clerk, Appellant, Brigetta 'Olivio, files this request for supplemental clerk's record in this appeal and requ ts the clerk to prepare a Supplemental Clerk's Record, including the follo items: ! • Defendant's dmrcspondence to the court, dated: 8/24/2017 and filed: 8/2s12011 I • Deposition T ~ dated August 11, 2017. Dated: January 16, ,19 . ! Respectfully Submitted, Brigetta D'Olivio, Appellant 3800 Pebblecreek Ct Apt 120 Plano, TX 75023 214.733.7204 i CERTIFICATE QF SEBYJCI On this day, a copy Jfthe above document was served via certified mail 7016 1370 0002 044S S999 s~e on the following attorneys of record,: ! David Kleiman 0 GEARY WADDELL JENEVBIN. P.C. 1601 Elm Street Suite 4100 Dallas, TX 7520 -3703 . r::::t.,~~~..!L.~~:::.._/f Wed, Feb 13, 2019 at 3:30 To: Felicia.pitre@dalfascounty.org 1 I ! Ms. Pitre, 1. In reference to the meeting at i ytr office on January 18, 2019 wherein the manipulation of the DC-16-05606 court portal was discussed, I am inquiring as t whether or not the investigation is complete. We discussed the removing of documents, changing of previously filed docun ents under same heading, etc. Please inform me if the subpeona i ready to be served in order to retrieve the results of the investigation performed by your I'. department. i Does your IT Department have a s1parate fraud division? . I 2. I have an invoice dated Februal)j 13, 2019 for the amount due of $1018.00. ·what is this amount for? I What Appellant Reque. st and/or S*plemental Request for Clerk's Record is this for? Please provide the file stamp date nd time this request was made and by whom. I will be in to pay this receipt on Fe ruary 13, 2019; I look forward to hearing from you Thank you, Brigetta Brigetta D'OJi,·iu C'u,tom H<,ml l\t;iqk,r ...... • L "''** CONFIDENTIALITY NOTICE**'*" i NOTICE: This e-mail message and all attochme]ts transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not th intended recipient. you ore hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited If you have received this message in error, please notify the sender immediately and delete this message from your system. The recipient should check this email an any attachments for the presence of viruses. This company accepts no liability for any damage caused by any virus transmitted by this email. Thank you 2/13/2019 Gmail - Request Response Brigetta OOlivio Wed, Feb 13, 2019 at 1:25 To: Felicia.pitre@dallascounty.org : Ms. Pitre, I am waiting for a response regard~ng the following: I 1. Invoice Dated February 13, 20191 2. Investigation into the manipulatfon of court template-portal I The Invoice questions I posed to y9u, must be answered. I am waiting to make a payment should a payment be due. Thank you Brigetta Brigctta D'Oli\io Cu,:,;tt,n1 l-J.,1:1it.· Hul!dtr 214.733 72:'4 *'**'* CONFIDENTIALITY NOTICE...... I I NOTICE: This e-mail message and all attachmi·ts transmitted with it may contain legally privileged ond confidential information Intended solely for the use of the addressee. If the reader of this message is not t e intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or,other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately and delete this message from your system. The recipient should check this emoil o any attachments far the presence of viruses. This company accepts no liability for any damage caused by any virus transmitted by this email. Thank you ' I EXHIBIT 16 52 FELICIA PITRE DALLAS COUNTY DISTRICT CLERK 600 Commerce Street, Suite 101 Dallas, Texas 75202-4604 IN ACCOUNT WITH DATE: 2/13/2019 TIMOTHY A HOOT~N 2405 PEASE ST , HOUSTON TX 77003 INTERNAL REVENUE SERVICE IDENTIFICATION NO.: XX-XXXXXXX Case No. DC-16-05606 Style of Case GREG FOX, et al vs. BRIGEITA D'OLMO Pages: 993 Clerk's Record $993.00 Transcript Fee- $ 25,00 Attomey Copy Fee- NIA $_ __ Total Fee- $1018.00 i The Clerk's Record has be~ prepared, The Clerk's Record will be ~elivered to the Court of Appeals upon payment. ! Please return a copy of this ~tatement with remittance. '1 Thank.you. GAY LANE Cc: Lisa Matz Clerk of the Court, Court of ppeals Fifth District of Texas at Da as George L. Allen Sr. Courts uilding 600 Commerce Street, Suite 200 Dallas, Texas 75202 2/13/2019 Gmail - Invoice and Court Portal lnvestiQation Brigetta D01ivlo Wed, Feb 13, 2019 at 3:30 P To: Felicia.pitre@dallascounty.org 1i Ms. Pitre, ; In reference to the meeting at you~office on January 18, 2019 wherein the manipulation of the DC-16-05606 court portal 1. was discussed, I am inquiring as to hether or not the investigation is complete. We discussed the removing of documents, changing of previously filed docume ts under same heading, etc. Please inform me if the subpeona is ady to be served in order to retrieve the results of the investigation performed by your IT department. · Does your IT Department have a septrate fraud division? I 2. I have an invoice dated February 1~, 2019 for the amount due of $1018.00. What is this amount for? , What Appellant Request and/or Sup~emental Request for Clerk's Record is this for? Please provide the file stamp date an time this request was made and by whom. I will be in to pay this receipt on Feb ary 13, 2019; I look forward to hearing from you. Thankyou, Brigetta Brigetta D'Olivio Custom Home Builder 214.733.7204 Beautiful Homes by Brigetta '·n r ;·.tr'.•' I •'t;"'Ii'.· ,:.;. ;il .• 1.'/ /1;,"(,,:.. ,' , Ii,';· NAWIC ****.. CONFIDENTIALITY NOTICE ****** i NOTICE: This e-mail message and oil attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the ilended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If u hove received this message in error, please notify the sender immediately and delete this message from your system. The recipient should check this email and o attachments for the presence of viruses. This company accepts no liobWty for any damage caused by any virus transmitted by this email. Thank you. ! 2/13/2019 Gmail - Invoice and Court Portal lnvestiQation .Brigetta DOIMo Wed, Feb 13, 2019 at 3:30 A To: Felicia.pitre@dallascounty.org ! Ms. Pitre, ~! 1. In reference to the meeting at you office on January 18, 2019 wherein the manipulation of the DC-16-05606 court portal was discussed, I am inquiring as to hether or not the investigation is complete. We discussed the removing of documents, changing of previously filed docume ts under same heading, etc. Please inform me if the subpeona is ady to be served in order to retrieve the results of the investigation performed by your IT department. . Does your IT Department have a seprate fraud division? 2. I have an invoice dated February 1~, 2019 for the amount due of $1018.00. What is this amount for? r What Appellant Request and/or Suptemental Request for Clerk's Record is this for? Please provide the file stamp date an time this request was made and by whom. I will be in to pay this receipt on Feb ary 13, 2019; I look forward to hearing from you. i Thank you, Brigetta Brigetta D'Olivio Custom Home Builder 214.733.7204 Beautiful Homes by Brigetta ''f! ..i·J'. ;:,,,·,·,'_,,;·,1:r; r.':·11:1·,.•1:"J i·.,,./(.:1,,,·,.:,>;:'' J-.:A\X1IC ***.. * CONFIDENTIALITY NOTICE **"** , NOTICE: This e-mail message and oil ottachmentsironsmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the i tended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If 'OU have received this message in error, please notify the sender immediately and delete this message from your system. The recipient should check this email and arr attachments for the presence of viruses. This company accepts no liability for any damage caused by any virus transmitted by this email. Thank you. : I 2/26/2019 Gmail - ReQuest Response MGmaH Brigetta DOlivio i ... ________ --· ·- --·-------·-----·--·"···· -·-·-- -------···-·- ---····-·--------~---·-------·---·-·····-- .. ·----···-·-· -···-····-·---·------·-----·-·--·---··-··-- ·-·--··- I -···-···-· ·-- -- ----- ·--·-· ·····-·-- - ....... -- -·---·--··-··--·- -··-- ·-----······· ...... ·- -- Request_ Response----------·-· ~'I _______________________________ -----·--·---·--·-------------·---------·---···--·----·-·-···---------·----------··------·-·-·----------·-··-· _ Felicia Pitre Wed, Feb 13, 2019 at 5:11 PM To: Brigetta DOlivio Ii Ms. D'Olivio: I I Listed is a summary of actions regardi~g monies owed for the Clerk's Record: i 9/25/17 Notice of Appeal filed by IPro se - assigned 05-17-01119-CV " I • 9/29/17 Pro se requested Clerks ~cord i, • 10/5/17 Invoiced Prose $402.00 (rot paid) • 12/5/17 No pay letter 5th COA 4/10/18 Dismissed by 5th COA , • f 7/30/18 Notice of Appeal filed by ttorney - Timothy Hootman assigned 05-18-00868-CV I • 7/30/18 Attorney requested Clerksl Record I • 8/8/18 Invoiced attorney $907.00 1 1 • 8/24/18 Supplemental Clerk Recori request filed by opposing attorney David Kleiman I, • 8/31/18 Invoiced attorney $507.ooi i • 9/11/2018 No pay letter sent 5th C~A for attorney Hootman $907.00 I • 9/24/18 Attorney Hootman paid $9p7.00 Clerks record sent • 9/24/18 Attorney Kleiman paid $SOV.OO Clerks record sent ! I • 12/31/18 Supplemental request file~ by attorney Hootman ! • _1/16/19 Supplement filed by Pro sei ! • 1/17/19 Invoiced attorney $1018.og • 2/12/19 Supplement filed by Prose 'I i ! ', A.dditionally, our IT Department is reachiig out to our vendor regarding you're allegations. We will notify you once we receive an official response from our ven~or. EXHIBIT 17 53 2/26/2019 Gmail - Request Response t~ Grnail Brigetta DOlivio iri~; ; ~~;;~;~i~: ¥~"~~~~~~--~----------------~~;,; ;~, Felicia, !! 35 ~M Is the Invoice dated Febru.ary 13, 201*the same as the listing stating, "1/17/2019 Invoiced attorney $1018.00? If so, why was an attorney who was di arged sent any information regarding my ~~ sjnce according to the information on the portal listed as 01/16/2019states. part, "...BILL PRO SE... " What else, if anything, has been sent t discharged attorney Hootman since COA Order dated 01/15/2019. Has discharged attorney Hootman pai for the $1018.00 Invoice? He was paid over $20,000.00 thus lat. Has Invoice dated February 13, 2019 b en paid? As far as the investigation into the cou template/portal as it relates to DC-16-05606, what do you need from me? As far as the investigation into manipul ting/changing the portal, the 68th District Court has 1~0 done the same. I Thank you for taking the time to respotjd to my requests. Sincerely, Brigetta [Quoted text hidden] EXHIBIT 18 54 2/21/2019 Gmail - Dc-16-05606 Tr. Ct. and 05-18-00868-CV M Gmail Brigetta DOlivio Dc-16-05606 Tr. Ct. and 05-18-00868-CV Brigetta DOlivio Thu, Feb 21, 2019 at 12:23 PM To: Felicia Pitre Ms. Pitre, I Please confirm exactly what Invoices hare been paid for by discharged attorney Hootman in reference to Cause No. DC-16- 05606. 1 I have paid Mr. Hootman over $20,000~00 which also included the cost of preparation of Clerk's Record. I Please forward any and all receipts of parnent and to which request each payment was associated with. Please also include which documents (rdcords) were actually included in the cost associated with each Invoice, and which documents (records), were in-fact prepared and sent to the Court of Appeals, Thankyou Brigetta D'Olivio Custom Home Builder 214.733.7204 Beautiful Homes by Brigetta "U7hereyo11r zision ef a drea11J ho,,,e becomes o rea.i!J" NAWIC ****** CONFIDENTIALITY NOTICE •••••• NOTICE: This e-mail message and all attachments tral'mitted with it may contain legally privileged and confidential informat.ion intended solely for the use of the addressee. If the reader of this message is not the inten ed recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you ave received this message in error, please notify the sender immediately and delete this message from your system. The recipient should check this email and any achments for the presence of viruses. This company accepts no liability for any damage caused by any virus transmitted by this email. Thank you. EXHIBIT 19 55 2/23/2019 mail-Alleged Outstanding lnvoice(s) DC-16-05606 Trial Ct. 05-18-00868-CV M Gn1ail Brigetta DOlivio Alleged Outstanding lnvoic (s) DC-16-05606 Trial Ct. 05-18-00868-CV Brigetta D01ivio Sat, Feb 23, 2019 at 8:55 PM To: Felicia Pitre Ms. Pitre, ~', Your immediate response to the ques ·ons regarding an alleged "outstanding balance" allegedly owed by Appellant D'Olivio, as indicated via email and corresponde ce filed with the Court of Appeals and the 191st District Court, and, brought to your attention on multiple occasions and also brought to the attention of District Oerk, Angela Conejo on February 19, 2019, is required. ! i Your immediate response to supply A*pellant D'Olivio with a copy of the Invoice(s) associated with the alleged "outstanding balance" is required. I Please Note: There is a typo, highlighted in the color~. in the email sent on February 21, 2019 that is attached to this email as a "forward" email and partially quoted below. 1. The correction is highlighted in yellow. I :, February 18, 2019 (incorrect date) is be 1eplaced with: February 13, 2019 (correct date) ... "February 19, 2019, I spoke with "Ang~a (Conejo)" regarding an Invoice for $32.00. Angela stated that she did not know what the Invoice dated February 18. 201, was for. She stated that she believed it was for the Clerk's Record request but not sure which request... " 1 [Quoted text hidden] EXHIBIT 20 56 District Clcrk, Pitre Tr. Ct. Cause No. DC-16-05606; 05-18-00868 CV 2019 Brigetta D'Olivio, Appellant 3800 Pebblecreek Ct. Ff LED Apt. 120 19 FEB 25 PH 12: r 5 Plano, TX 75023 214.733.7204 f·EL;t.::t-. ?lTnE D1srn1cT Ci.ERK [i{_:autjfu lhom1;sbvbrig_etta,0',.grrn1i I.crnn DALLAS CG., IEXAS ·--DEPUTY APPELLANT'S CORRESPONDENCE TO DISTRICT CLERK, FELICIA PITRE February 22, 2019 Filed with District Clerk Dallas County District qourt & C/0 District Clerk: Via Certified Mail Felicia Pitre 70181830 0000 3897 5644 191 st District Court 600 Commerce St. First Floor Dallas, TX 75202 I' Re: 1. Correspondence d!ted February 13, 2019 and filed February 13, 2019 Correction(s) to p;2, Lines 7 and 9 2. Appellant's Requ t for Copy ofinvoice(s) indicating an "outstanding balance"- No Res onse from Felicia Pitre after multiple requests in writing Dear Ms. Pitre, I Appellant, Brigetta D' Oli io has a pending Appeal, Cause No. 05-18-00868 CV from the 191 st District Court, Trial Caus No. DC-16-05606, and requests the following: 1. Correction(s) to e noted for the record, from Correspondence that was filed with the District Cler c/o Felicia Pitre and, at the 5th Court of Appeals, c/o Chief Clerk, Claudia McCoy. he Correspondence was fl.Jed on February 13, 2019. For your conveni nee, a copy of the referenced filed Correspondence, is enclosed. Note for the record, the ab ve referenced Correspondence filed on February 13, 2019 requires a correction to page 2, para. 12, Lines 3 and 5. On page 2, para. 2, Line 3,\ it states in part, " ... Rule 1. 06 of the Texas Rules ofCivil Procedure. ". The verbiage, "Texas Rule~ of Civil procedure" is incorrect. ': .1 of2 l,correspondence Letter Dated February 22, 2019-2 pages I Plus Atta~hed Correspondence Letter Dated February 13, 2019- 3 pages District Clerk, Pitre Tr. Ct. Cause No. DC-16-05606: 05-18-00868 CV 2019 The correct verbiag for citing the specifically mentioned rule in the above-referenced Correspondence, pg. , para. 2, Line 3, is now considered correctly cited as: " ... Local Rule 1.06. ". i I On page 2, para. 2, Lfne 5, it states in part, " ... Rule 1.07 ofthe Texas Rules o._fCivil Procedure.". The verbiage, "Texa~ Rules ofCivil procedure" is incorrect. ! The correct verbiagelfor citing the specifically mentioned rule in the above-referenced Correspondence, pg.~. para. 2, Line 5, is now considered correctly cited as: " ... Local Rule 1. 07. ". I 2. Copy of Invote(s) indicating an "outstanding balance"- Appellant has made multiple atte pts, in writing, to receive an Invoice for the alleged "outstanding balance'' for e Clerk's Record, to no avail. I Said Invoice is not lis~ed in your "Summary ofactions regarding monies owed for the Clerk's Record" to which ym~ emailed Appellant the "summary ofactions", on February 13, 2019. I Appellant D'Olivio, hfs sent you multiple emails requesting not only clarification for the February 13, 2019 Inv ice but also, requests for copies of any and all Invoices that you claim an amount of $1423 .00 i an "outstanding balance", to no avail. Should Appellant D'~Iivio have any "outstanding balance", she is prepared to pay what is owed, if any. ! i A payment cannot be tade without an invoice. Appellant D'Olivio ha{ not been supplied with any Invoice referencing an "outstanding balance" and nor does your list of "summary ofactions" provided to Appellant via email, indicate that an any In. oice has been supplied to Appellant D'Olivio, that has not been paid for. Appellant D'Olivio is fgain requesting any such Invoice to be forwarded to her, immediately. Time is of the essence!I Please forward any anJ all Invoices that are attributable to the alleged "outstanding balance" owed by Appellant, D 'Plivio, immediately. I Thank you for your tittje and consideration. ,, Sincerely, ._):' __·;:-,. _,_ . ~ -- ·.!.:_... /" .. , .,',; . ~· . . /. ·t .... i::'., , I Brigetta D'Olivio, Ap~llant ! 2 of2 , Correspondence Letter Dated February 22. 2019- 2 pages i Plus I f'-tlached Correspondence Letter Dated February 13, 2019- 3 pages DC-16-05606 FILED l9F'f813 PH 3: 3:S ~-·.1 , . . • . GREG FOX, ET, ALJ IN TME1UWt1Q&f,fOURT PLAIN1(FF ~LLAS CO., TEXAS i V. ~LLASCotiN,IlV,UftxAS BRIGETTA D'OLIVHD 191 sr WDICIAL DISTRICT DEFENDA/IT CORRESPONDENCE 111 5 Court of Appeals C/0 Chief Clerk Claudia McCoy i 600 Commerce St. Ste. ~00 Dallas, TX 75202 1 February 13, 2019 Dallas County District tjourt C/0 District Clerk 1, Felicia Pitre i 191 51 District Court 600 Commerce St. First Floor Dallas, TX 75202 RE: Documents Filed on ebruary 12, 2019 by Appellant, Brigetta D'Olivio- 05-18-00868-CV 1. "Appellant's Cor espondence to Court Reporter for the 19F1 District Court"- Correspondence etter Filed on February 12, 2019 @3:37 pm 2. "Appellant's Cor 'espondence to Court Clerk"- Correspondence Letter Filed on February 12, 2019@ 3:41 m !, Dear Ms. McCoy and Msj Pitre, Appellant, Brigetta D'Oli+io, filed two (,2) Letters of Correspondence in relation to Trial Cause No. DC-16-05606, on Fe~ruary 12, 2019 at the 191 st District Court Clerk's Office. The two Letters of Corres ondence are: 1. "Appellant's Corr spondence to Court Reporter for the 19!31 District Court"- Correspondence L tter Filed on February 12, 2019 @ 3 :37 pm 1 of 3 2. "Appellant's orrespondence to Court Clerk"- Correspondence Letter Filed on February 12, 2019@3: 1 pm i Appellant's letters of rrrespondence have been filed on the 191 st District Court Portal under the ! improper Cause No. ~C-18-18015. Said letters of corresp~ndence are in no relation to the Cause No. DC-18-18015 case. i The "new Lawsuit" (tjC-18-18015) filed by Greg Fox and Laura Fox does not comport to, nor I, meet the requirements pf Rule 1.06 of the Texas Rules of Civil Procedure. ! The ••new Lawsuit" (D~-18-18015) filed by Greg Fox and Laura Fox does not comport to, nor I meet the requirements tr Rule 1.07 of the Texas Rules of Civil Procedure. ' ' Plaintiff's and their atttjmey, David M. Kleiman's assertion that they are related is wholly I inaccurate. I, The new case DC-18-1 ~O 15 is frivolous. I '1 Appellant's Letters of Cprrespondence referenced above, must be placed on the proper court portal and under the profer cause number (Cause No. DC-16-05606). Please correct the record'\ to reflect the proper fiiing. i I Respectfully Submitted, 1! ') /jP,l?/':19 ~ 2 of 3 CERTIFICATE OF SERVICE I Appellant, Brigerta D,Olivio, in the above-caption case, do certify that on the 13th day of ' ! February, 2019, serve4 Plaintiffs' attorney, David M. Kleiman, the ,vithin Correspondence Letter I dated February 13, 20119. Said service was made via certified mail tracking number 7018 1830 I 0000 3897 1936, at the llast known address for David M. Kleiman at Law Office of Vincent Serafino Geary Waddelt Jenevein, 1601 Elm St., Ste 4100, Dallas TX in accordance with Rule i 21a of the Texas Rules ~fCivil Procedure. I Respectfully Submitted, , 3 of 3 EXHIBIT 21 57 3/3/2019 Gmail-test M Gmail Brigetta DOlivio test Gay Lane Mon, Feb 25, 2019 at 12:49 PM To: "Beautifulhomesbybrigetta@gmail.com" Beautifulhomesbybrigetta@gmail.com> test Gay Denise Lane Document Production, Lead Clerk Office of Felicia Pitre Dallas County District Clerk 600 Commerce St. Suite 145 Dallas Texas 75202 214-653-6549 gdlane@dallascounty.org https://mail.google.com/mail/u/O?ik=ba80a72ce2&view pt&search=all&permmsgid=msg-f%3A 1626467775231577332&simol=msa-f0/n3A 1n?Mfl777!';? 111 EXHIBIT 22 58 2/25/2019 Gmail - Supplemental Clerk record payment invoice Brigetta DOlivio Mon, Feb 25, 2019 at 12:52 P, To: "Beautifulhomesbybrigetta@gmail. om" Cc: Shelia Bradley , Gay Lane Dear Brigetta D'olivio, . i Please remit payment for the supple~ental clerk record prepared for the cause no DC-16~05606 styled: Greg Fox, et al vs Brigetta D'O/ivio. · Please see attached invoice Gay Denise Lane Document Production, Lead Clerk Office of Felicia Pitre Dallas County District Clerk 600 Commerce St. Suite 145 Dallas Texas 75202 214-653-6549 gdlane@dalfascounty.org . ~ dc-16-05606clersk record paym+nt involce.pdf 429K ! I FELICIA PITRE 'ALLAS COUNTY DISTRICT CLERK 1 600 Commerce Street, Suite 101 ' Dallas, Texas 75202-4604 IN ACCOUNT WITH DATE: February 25, 2019 BRIGETTA D'OLIVIO 3800 PEBBLECREEK CT PLANO TX 75023 INTERNAL REVENUE SERVICE IDENTIFICATION No.: XX-XXXXXXX Cause No. DC-16-05606 Style of Case GREG FOXet al vs. BRIGETTA D'OLIVIO Pages:993 1 Supplemental Clerk's Recor~ Fee- $993.00 Transcript Fee- '· $ 25.00 Attorney Copy Fee- NIA $ 0.00 Total Fee- $1018.00 Supplemental Clerk's Rec01}'1 will be delivered to the Court of Appeals upon payment. Please forward payment with rvoice in the next 3 business days. . Please return a copy of this s,atement with remittance. Thank you. GAYLANE Cc: Lisa Matz Clerk of the Court, Court of Ap eals Fifth District of Texas at Dalla George L. Allen Sr. Courts Bui ding 600 Commerce Street, Suite 20 Dallas, Texas 75202 EXHIBIT 23 59 2/25/2019 Details Cancel Reason REQUESTED BY ATTOR PUAMENDED APPLICATI N FOR TURNOVER ORDER FILED 12/03/18 30M KAREN 214- 79-7410 i Q2i2!5/2019 CLERK'S RECq)RD PAYMENT 11\JVOICE "" ! CLERl<'S RECORD PAYMdNT INVOICE ! 2/25/2019 Details ISSUE WRIT Amended Appiication for turnover.pdf NOH on /\nKI P,pp for Turiover· Orcier.pdf REQUEST FOR SERV/C ! 1::;suE WRIT . RETURN OF SERVICE I SUPPLEMENTAL CLERK'IS RECORD REQUEST REQUEST REPORTER Rf CORD SUPPLEMENTAL CLERK'~ RECORD REQUEST 2019-01-22 - ·1st ,D,.111ended · NOH_ on_Amended_Appliqation_for_Turnover_ Order.pdf I (2) WRIT OF EXECUTIONt BRiGETTTA D'OLIVIO I SUPPLEMENTAL CLERK'f RECORD REQUEST CORRESPONDENCE - L9TTER TO FILE CORRESPONDENCE - LE~TER TO FILE SUPPLEMENTAL COVER i CLERK'S RECORD PAYM~NT INVOICE Gary Patterson's Motion to ~'Vithdraw as Counsel for DC-16-05606.pdf I Order Granting Motion tor V}'ilhdraw of Counsel for DC-16-05606.pdf I 2019-02-i 8 - Notice__ of_ Carcellation_of_hearing.pdf RESPONSE ' NON-SIGNED PROPOSE DI ORDER/ JUDGMENT CLEF~K'S RECORD PAYM9NT INVOICE EXHIBIT 24 60 DC-16-05606 GREFOXANDLAURA OX Plaint ffs V .. 191ST JUDICIAL DISTRICT BRIGETT A D'OLIVIO .. ENTAL RE UEST FOR CLERK'S RECORD To The Court Clerk: Appellant, Brigetta D'O ivio, files this request that the Court Clerk prepare the following I supplemental court clerk's cord in this appeal and that the record include the following: 1. David M. Kleiman' Correspondence to the Court, filed December 4, 201 7 2. David M. Kleiman' Correspondence to the Court, filed December 15, 2017 3. David M. Kleiman' Correspondence to the Court, filed May 25, 2018 4. Order, dated April 2 , 2018 5. Atty Gjesvold's Mo ion To Withdraw, filed April 19, 2018 6. DWOP Notice (hear ng was scheduled for August 11, 2016 7. Reporter's Certifica ion of Deposition, filed October 24, 2017 Dated: February 26, 2019 Respectfully Submitted, , Brige D'Olivio, Appellan Pro Se / 3800 Pebblecreek Ct.,# 12 Plano, TX 75023 214-733-7204 Tr. Ct. Cause No. DC-16-05606: 05 18-00868 CV 2019 DC-16-05606 GRE FOX AND LAURA ox IN THE DISTRICT COURT .. DALLAS COUNTY, TX V .. 191ST JUDICIAL DISTRICT BRIGETTA D'OLIVIO . Defen ant .. CERTIFICATE OF SERVICE I certify that on February 26, 2019 a true and correct copy of this Appellant's Supplemental Request For Clerk's R cord was served via Certified Mail 7018 1830 0000 3897 5675, on David M. Kleiman, Vincent Serafino Geary Wadden Jenevein, 1601 Elm Street, Suite 4100, Dallas, TX 75201, Plaintiff's attorney of record. ' "}. ·. :"?u ,./l_f;.tt7',_:z., 9 Brigetta D'Olivio, Appellant 3800 Pebblecreek Ct. Apt. 120 Plano, TX 75023 214.733.7204 beautifulhomesbybrJ.Rettn@g_r:r:ail.com I of 1 Certificate of Service EXHIBIT 25 61 DC-16-05606 GREFOXANDLAURA OX .. . V : 191ST JUDICIAL DISTRICT BRIGETTA D'OLIVIO Defend nt SUPPLE ENTAL RE UEST FOR CLERK'S RECORD To The Court Clerk: Appellant, Brigetta D'Oli io, files this request that the Court Clerk prepare the following supplemental court clerk's r ord in this appeal and that the record include the following: 1. David M. Kleiman's orrespondence to the Court, filed December 4, 2017 2. David M. Kleiman's orrespondence to the Court, filed December 15, 2017 3. David M. Kleiman's orrespondence to the Court, filed May 25, 2018 4. Order, dated April 25 2018 5. Atty Gjesvold's Moti n To Withdraw, filed April 19, 2018 6. DWOP Notice (heari g was scheduled for August 11, 2016 7. Reporter's Certificati n of Deposition, filed October 24, 2017 Dated: February 26, 2019 Respectfully Submitted, /Brige D'Olivio, Appellant Pro Se / 3800 Pebblecreek Ct.,# 120 Plano, TX 75023 214-733-7204 F Il,.,• f-.... ;,,.,,,.'· . _..,. '"' DC-16-05606 2019 F£B 27 Att/0: 5 7 GREG FOX AND LAU FOX Plain iffs V 191ST JUDICIAL DISTRICT BRIGETTA D'OLIVIO I Defenrant ENTAL RE UEST FOR CLERK'S RECORD To The Court Clerk: Appellant, Brigetta D' livio, files this request that the Court Clerk prepare the following supplemental court clerk's record in this appeal and that the record include the following: I. Order Denying D fendant's Motion To Compel Arbitration, filed on or about Dec. 22, 201 . 2. Order Denying D fendant's Amended Special Exceptions, filed on or about Dec. 22, 2017. Dated: February 27, 2019 Respectfully Submitted, CAUSE NO. DC-16-05606 GREG AND LAURA FOX, § IN THE DISTRICT COURT § Plaintiffs, § § V. § DISTRICT COURT NO. 191 ST § BRIGETTA D'OLIVIO, § § Defendant. § DALLAS COUNTY, TEXAS CERTIFICATE OF SERVICE I certify that on Febru ry 27, 2019 a true and correct copy of this Appellant's Supplemental Request/or Clerk's Record as served via Certified Mail 7018 1830 0000 3897 5699 was served on David M. Kleiman, Vince t Serafino Geary Waddell Jenevein, at 1601 Elm Street, Suite 4100, Dallas, TX 75201, Plaintiffs attorney of record. Brige, D'Olivio, Appellant 3800 Pebblecreek Ct. Apt. 120 Plano, TX 75023 214.733.7204 hcatnifulhonwsb\ hri1.:ct1a a _ginaiLc(im EXHIBIT 26 62 Q DAL AS COUNTY, TEXAS COl Welcome,.. ERTi Fi CATE ERVICE View Document 2/27/2019 UPPLEMENTAL LERK'S ECORD EXHIBIT 27 63 2/27/2019 Gm ii - February 26 2019 Appellant Supplemental Request for Clerk's Record M Gmail Brigetta DOlivio February 26 2019 Appellant S pplemental Request for Clerk's Record Brigetta DOlivio Wed, Feb 27, 2019 at 2:47 PM To: Angela Conejo Ms. Conejo, On February 26, 2019 @ 2:31 pm, Appella t, Brigetta D'Olivio, filed a "Supplemental Request For Clerk's Record". Said request was not filed as of February 27, 20 9 @ 10:57 AM this morning. I asked you where the above-referenced fil ng was since it was not listed on the 191st District Court portal under Cause No.: DC-16-05606. You stated that you did not know where it as. I stated that the "filings" should not be "lost" and requested that you "find it" and properly file it on the portal. On February 27, 2019 @ 10:57 AM, Appell nt, Brigetta D'Olivio, filed an additional "Supplemental Request For Clerk's Record" which was listed as being filed, i mediately following the file of February 25, 2019, yet the February 26, 2019 referenced above was still NOT filed (Pleas find attached a picture of the portal (TR. Ct. DC-16-05606) indicating such). Please have the February 26, 2019 "Suppl mental Request For Clerk's Record" found and properly filed (191st District Court Portal-Tr. Ct. DC-16-05606). Thank you Brigetta Brigetta D'Olivio Custom Home Builder 214.733.7204 Beautiful Homes by Brigetta "Lrhtre_yrmr l'i.rion qfa dretl!JJ home heaJIJJt'S fl reali(y'' NAWIC ****** CONFIDENTIALITY NOTICE •••••• NOTICE: This e-mail message and all attachments trans itted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intend d recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you h ve received this message in error, please notify the sender immediately and delete this message from your system. The recipient should check this email and any a achments for the presence of viruses. This company accepts no liability for any damage caused by any virus transmitted by this email Thank you. Screenshot_20190227 110435_ Chrome.jpg 93K L . .- · _.'L 1,; !''.i :pi-_:-, https://mail.google.com/mail/u/O?ik=ba80a72ce2&vie =pt&search=all&permmsgid=msg-a%3Ar-5283924304694072321 &simpl=msg-a%3Ar-5283924... 1/1 2/27/2019 0 (108Qx1920) ® 11-.\. a._\.~ a~ lrl ·· a 48,' ., 84%111:04AM ( ) DALLAS COUNTY, TEXAS COl CERTIFICATE OF SERVICE~ j View Document 02/27/2019 SUPPLEMENTAL CLERK'S RECORD https://mail-attachment.googleusercontent.com/attach ent/u/O/?ui=2&ik=ba80a 72ce2&view=att&th=16930b3deff2a391 &attid=O .1 &disp=inline&realatti... 1/1 EXHIBIT 28 64 ------. --- -- , • Q •• r· . • ,.,.,.,.-~... '· , . __,, . :'J. we ddth·e direc ed verdict . durin~ closing. ! Message ~etails . Type Advanced ~essaging ! From 1 Jennifer A,torney(+15419745091) Time sent ! 4:41 AM, D~c 6 _l, OK /.: :. < Jennifer Attorney ~ Q • •• ' _,..,.--, I / J '\ i ~_'._,) The ~:mly thing left do in fox t9 · is sePd the judge .... . ..... ·--~" .... ..• -~ .. .i ' Message ~etalls Type Advanced Messaging From ! Jennifer A~orney(+15419745091) ~ l' Time sent I '•.: 5:45 PM, Diec 22 ';i ,, .• I \ r OK 1 ~, k '· t r_. --7~twcro~eforaers · · · · · -> f \ 1 1 . you re.· uested, i t- -_ yo_ur e Oti-ced on. :*s·t./.-·~-- \ V -\ : , _.- ' ' ----· ··-·· - -- - ----- -~ . -· . -- - . -- . . . • \t,...._ ../' } . r (+) (~n~:~ ~~~~: . < €i)i·l. < J Thel only thing left ~o do in fox is s~md the judge a pr posed final jud ment since klie ans made ve little sense and she would hav to redraft it e tirely which stat judges wont do. hat doc along with the two other orders you equested, you ,enoticed on..· •u :;·· -..,;,.._'<-'!!'.•_,.,.~.,· ·:-~··~ar:1· ; , · · · ·..,,.•...•.····-···~-~"'..•:·--@.~- f'.'-ntp·--.~'···:r·:""" .•".:\··:·. + --,~• ., ,. t - 1. f -,,,-:· .. : · \ ••·. t 1 t."'; ~.~ 'WI · ·• :;:j ~ ..,.. ·i:' r;r~.r:·.·:.::'~Z~~:r,1.t-;tr.;:-:::·i:z~1l .·· .. -· -., · 1 • • EXHIBIT 29 65 BRIGETTA D'OLlVIO 3800 PEBBLECREEK CT., # 120 PLA:VO, TX, 75023 214·733-7204 VJA CERTIFIED :\~AIL 1t}Z l[JuOltlX)~'l;11 t2~i'l FEBRtAR\' 13. 201~ \\'tight Rep(wtex,;; LL(t % Vlelba Wriuht . : 1818 Holly Spring Dri Arlington, TX 76018 : Re·. DC-l6-05606 Trial: °';O\. 21-22,!2017 Dear Ms. Wright: ' Vpon receipt of this rqqucst, please forward the following to me at the above-rdcrcnccd address: l. Copy ofNotic~ of Request for the Trial Transcript for the triai of '!\o,·emb~r 21-22, 2017 for the above-1pfcrenccd cause number. and the name of each party an<.Vor a1torncys who were so notifie~. 2. .'\Jame of pcrso~(s) who ordered the trial transcript for the above-referenced cause number anJ~'iG ~, l· ,/~\\~:1~i~.Jl1"J:¥.;'!!'J~~~;~~"'."'i'f'"t;>a'~,7::, ,, 0 EXHIBIT 30 66 Wright Reporters. LLC 2019 Certified Mail dated February 28. 2019 Tracking No: 701818300000 3897 5705 BRIGETTA D'OLIVIO 800 PEBBLECREEK CT., APT. 120 PLANO, TX 75023 214- 733- 7204 VIA CERTIFIED MAIL 7018 1830 0000 3897 5705 February 28, 2019 Wright Reporter's, LLC C/0 Melba 1818 Holly Spring Dr. Arlington, TX 76018 Re: Certified Letter dated F ruary 13, 2019 7018 1830 0000 3897 1 51 Tr. Ct. Cause No.: DC-1 -05606 Dear Ms. Wright, A Certified letter dated Feb ary 13, 2019 with certified mail tracking number: 7018 1830 0000 3897 1851 is confirmed as h ving been delivered in person to the 1818 Holly Spring Dr., Arlington, TX referenced ad ress. To date, there is a complete bsence of any response, for requested information contained within said certified letter dated Fe ruary 13, 2019. Your immediate response is equired. j ,J / Brigelta D'Olivio, Appellan 1 of 1 irst Request- Certified Letter dated February 13. 2019 ertified Letter dated Februal)' 13. 2019 Tracking No.: 7018 1830 0000 3897 1851 EXHIBIT 31 67 WRIGHT REPORTERS, LC DATE: August 3, 2018 c/o 191st District ourt 600 commerce Street INVOICE#: 180803-1 7th Floor, suite 72 c Dallas, Texas 7520 214-653-7146 TAX ID#: XX-XXXXXXX Mr. Timothy A. Hootman 2402 Pease street Houston, Texas 77 03 CAUSE NO. DC-16-056 6-J Honorable Gena slaughter presiding Greg FOX vs Brigetta D'Olivio Date Taken Amount $2,500.00 subTotal $2,500.00 Paid 0.00 BALANCE DUE Thank you very much. Melba D. wright, CSR official court Reporter 191st Judicial District court Dallas county, Texas wrightmelba@msn.com (214) 653-7146 /' y \' 1--, I r ; , I ~. ,l, '1., -:, ;',·, 1,,,·' 1, .·- .jl \.\" \ ' J \ , / • ·.....- I CHASE Terms and Conditions (R mitter and Payee): * Please keep this copy r your record of the transaction * The laws of a specific tate will consider these funds to be "abandoned" if the Cashier's Check ·snot cashed by a certain time - Please cash/dep sit this Cashier's Check as soon as possible to prevent this from occurring - In most cases, th funds will be considered "abandoned" before the "Void fter'' Date * Placing a Stop Payme t on a Cashier's Check - Stop Payment ca only be placed if the Cashier's Check is lost, stolen, or estroyed - We may not re-is ue or refund the funds after the stop payment has been placed until 90 days after the original check was issued * Please visit a Chase br nch to report a lost, stolen, or destroyed Cashier's Check or for any other inform tion about this item I FOR YOUR PROTECTION SAVE THIS COPY Customer Copy CASHIER'S CHECK 9458212253 I 08/20/2018 Void after 7 years Remitter: BRIGETTA A DO~IVIO/DBA PAQUETTE HOLDING $** 2,500.00 ** Pay To The WRIGHT REPOR ERS, LLC Order Of: Drawer. JPMORGAN CHASE BANK, N.A. Memo:-------------------------------------- ------------------------ Note: For information only. Comment has no e ct on bank's payment. NON NEGOTIABLE 282111107 NEW 01/08 8810004306 ~·' CASHIER'S CHECK 9458212253 25-3 CHASE Remitter: BRIGETIA A DOL VIO/DBA PAQUETIE HOLDING bate 08/20/2018 Void after 7 years 440 Pay To The WRIGHT REPOR ERS, LLC Order Of: Pay: TWO THOUSAND FIVE HUNDRED DOLLARS AND 00 CENTS $** 2,500.00 ** Dra-r: JPMORGAN CHASE BANK, N.A. Do nol write outside this box c:..---;> ---') n~ i(t'-_ ·~\\·, ,.,' f' · / I -___1\.;__'- /,J 1/ ., .,,.. ·)' _Nn£ 9 ~ ____________________ _ Memo· - - · ..1. ·' ----L J ,., · _j ·1 ·- ----· _ v . .._ 1- ·Jr< __ ,_,----- Ryan A. Crowley, Managing Director Note: For information only. Comment has no effec on bank's payment. JPMoman Chase Bank, NA Columbus, OH EXHIBIT 32 68 Office of Dallas District Clerk, Felicia itre Certified Mail Tracking No.: Request For Clarification Office of Chief Clerk, Claudia McCoy 7018 1830 0000 3897 5712 Invoice Dated February 25, 2019 5th Court of Appeals BRIGETTA D'OLIVIO 800 PEBBLECREEK CT., APT. 120 PLANO, TX 75023 214-733-7204 VIA CERTIFIED MAIL 7018 1830 0000 3897 5712 February 28, 2019 Gay Denise Lane Document Production, Lead lerk F I Office of Felicia Pitre Dallas County District Clerk 600 Commerce St. Suite 145 Dallas, TX 75202 214-653-6549 Re: Invoice dated February 5, 2019 Tr. Ct. Cause No.: DC-1 -05606 Dear Ms. Lane, Multiple attempts made by ppellant, Brigetta D'Olivio have been made to the Dallas County District Clerk's Office rega ing request for clarification ofinvoice(s). This is no exception. This I voice attached to an email dated February 25, 2019 with the Invoice dated the same, lacks any re erence as to what this invoice is attributable to. Please reference what suppl mental request made by Pro-Se Appellant, D'Olivio's request this Invoice supports. Your immediate response is required. I of 1 Certified Letter dated February 28, 2019 7018 1830 0000 3897 5712 2/25/2019 Gmail - Supplemental Clerk record payment invoice M Gmail Brigetta D01ivio Supplemental Clerk record pa Gay Lane Mon, Feb 25, 2019 at 12:52 PM To: "Beautifulhomesbybrigetta@gmail.com" < eautifulhomesbybrigetta@gmail.com> Cc: Shelia Bradley , Gay Lane Dear Brigetta D'olivio, Please remit payment for the supplemental clerk record prepared for the cause no DC-16-05606 styled: Greg Fox, et al vs Brigetta D'Olivio. Please see attached invoice Gay Denise Lane Document Production, Lead Clerk Office of Felicia Pitre Dallas County District Clerk 600 Commerce St. Suite 145 Dallas Texas 75202 214-653-6549 gdlane@dallascounty.org ~ dc-16-05606clersk record payment i voice.pdf 429K 1/1 FELICIA PITRE ALLAS COUNTY DISTRICT CLERK 600 Commerce Street, Suite 101 Dallas, Texas 75202-4604 IN ACCOUNT WITH DATE: February 25, 2019 BRIGETTA D'OLIVIO 3800 PEBBLECREEK CT PLANO TX 75023 INTERNAL REVENUE SERVICE IDENTIFICATION No.: XX-XXXXXXX Cause No. DC-16-05606 Style of Case GREG FOXet al vs. BRIGETTA D'OLIVIO Pages: 993 Supplemental Clerk's Reco d Fee- $993.00 Transcript Fee- $ 25.00 Attorney Copy Fee- N/A $ 0.00 Total Fee- $1018.00 Supplemental Clerk's Rec d will be delivered to the Court of Appeals upon payment. Please forward payment with invoice in the next 3 business days. Please return a copy of this tatement with remittance. Thank you. GAY LANE Cc: Lisa Matz Clerk of the Court, Court of ppeals Fifth District of Texas at Dall s George L. Allen Sr. Courts B ilding 600 Commerce Street, Suite 2 0 Dallas, Texas 75202 EXHIBIT 33 69 BRIGETTA D'OLIVIO 3 00 PEBBLECREEK CT., # 120 PLANO, TX, 75023 214-733-7204 MARCH 4, 2019 5thCourt of Appeals c/o Chief Clerk, Claudia 600 Commerce St, Suite Dallas, TX 75202 Re: NO. 05-18-00868 Dear Ms. McCoy: Appellant Pro Se, Brigett D'Olivio, is filing her 3rd Amended Motion To Extend Time To File Appellant's Amended Brief. Said Amended Brief was due on March 7, 2019. Appellant is req esting an extension of time to file her Amended Brief to March 28, 2019. Appellant has not been se ed Appellees' "Objection To Appellant's Motion To Extend Tim Ti File Appel ant's Amended Brief' dated February 27, 2019, and nor has she been served Appe lees' "Amended Objection To Appellant's Motion To Extend Tim To File Appe ant's Amended Brief', dated March 1, 2019. The reasons Appellant is tling this 3rd Amended Motion to Extend Time To File Appellant's Amended Bri f include, but are not limited to the following: 1. There are thirt -ei t 38 records that have been requested from the Court Clerk since as far b ck as December 31, 2018, which have not been sent up to the Court of App als. 2. There are at least si (6) records that had been previously filed with the 191 st District Court, and hich have also been requested from the court clerk that are missing and/or ave been removed from the Court Portal without a Court Order. 1 3. The Court Clerk, Felicia Pitre, and Deputy Court Clerk, Ms. Canejo, have been unresponsiv to Appellant's multiple requests for Invoices, corrections to the clerk's rec rd and improper, untiled invoices, and inquiries as to what requested records have been sent up to the Court of Appeals. Since Appellant has fil d a letter addressed to Ms. Pitre with the 191 st District Court, the court p rtal references to Appellant's supplemental requests for clerk's records ha e been changed. 4. There are also ou standing requests to the Court Reporter, Melba Wright, which have also een ignored by Ms. Wright. Said above-referenced~ cords are material to Appellant's Amended Brief. That said Appellant's 3r Amended Motion To Extend Time To File Appellant's Amended Brief is suppo ed by documented evidence. Appellant Pro Se, Brige a D'Olivio, is requesting that Appellant's 3rd Amended Motion To Extend Time To File Appellant's Amended Brief is reviewed and granted prior to March , 2019. Thank you for your time and consideration to this urgent matter. I ~;~~LI~,:~~ Brigetta D'Olivio I 2 EXHIBIT 34 70 No. DC-16-0S606 FILED 19FEB 12 PH 3: t.O GREG FOX IN THE DIST•~mK OA.LLAS CO .. TEXAS v. DALLAS COUNTY, TE~purv BRIGETTA D'OLIVIO 191sr JUDICIAL DISTRICT I A~PELLANT'S CORRESPONDENCE ! TO COURT .PORTER for the 19t•t DISTRICT COURT i I 9151 District Court February 12, 2019 Court Reporter: Wright Reporter's, LLC c/o Melba Wright 600 Commerce St. 7th Floor Dallas, TX Dear Ms. Wright, i Appellant, D'Olivio, filed "Ap_pellant's Request For Supple111enta1 Reponer's Record" on I January 16, 2019@ 1:35 pm. i ! I In said request, Appellant requ~ted the Reporter, Wright Reporter's LLC, to prepare a I Supplemental Reporter's Recotd, to include the following: • Defendant's Motion Toi compel Hearing held on November 16, 2017 i • Defendant's Motion Fot Continuance & Sanctions Hearing held on August 23, 2017 ! • Defendant's Motion TolQuash Hearing held on September 22,, 2017 I On Friday, January 18, 2019 ~ 11:44 am, Appellant D'Olivioreceiveda voicemail from Melba "App,lla,,J; R,q,,,,, /l , : I of3 Plus S.,,,,,.""""/ - · , /1,coni", -Jan- I~ 2019 {2 .....) Wright of Wright Reporter's~ LLC, official court reporter for the 191 st District Court. , I Melba Wright stated that tw1 of the requested Hearings were previously transcribed, thank-you. I Melba Wright further stated ~t one of the Hearing transcriptions was incorrect and that she I would notify the Court of A~s to let them know and how to proceed. I To date, Appellant D'Olivio ~as not heard from nor received any correspondence nor copies, if any, regarding her notifying te I Court of Appeals. Appellant is requesting the ftjllowing to take place immediately: i 1. Forward to Appellant ID'Olivio, the correspondence filed, with file stamp and date I ! attached, with the Co1lrt of Appeals regarding the incorrect transcription of the Hearing(s ). 2. Forward to Appellant P'Olivio, the response, if any, from the Court of Appeals regarding your correspondence i~d.icating that there needs to be a correction to the transcripts. I 3. Forward to Appellant ~'Olivio, the correction of the record to reflect that reflects the corrections, any and 1· I to the transcript. 4. Forward to Appellant l)'Olivio, any and all corrections to Appellant D'Olivio 5. immediately. I Pl~ find attached the folIO\rng: 1. Appellant's Request F~r Supplemental Reporter's Record dated January 16, 2019, file I stamped January 16, 2919. Sincerely, cc: Court of Appeals CERTIFICATE OF SERVICE On this day, February 12l 2019, a copy of the above document was served via Certified Mail I (7018 1830 0000 3897 1~68) service on the following attorney of record: I David M. Kleiman 1 Vincent Serafino Geary Waddell Jenevein, P.C. 1601 Elm Street, Suite 4100 I Dallas, TX 75201 : I THIS SfACE LEFT INTENTIONALLY BLANK ! 3 of3 Plus "Appel/an/ 's Req est For Supplemental Reporter's RHcord", dated January 16, 2019 (2 pages) f FILrr,1c-16-os606 ,.r Greg Fox 19 JAN 16 Pl\ ,,~i 1n the District Court t '11 v. , FEL1CIA Pl~TURE., Dallas County Texas 1 OJSTRICT C I' Brigette D'Olivio DALLAS CO., AS ! A(r,£-Lb*ff1 '$ UC[ I IIR"FOR SUPPLEMENIAL REPQBDB'S RECQBD I i TO MELBA WRlfHT, THE OFFICIAL COURT REPORTER: Appellant, Brige D'Olivio, files this request for preparation of the reporter's rerord for appeal f the above case. Spccifica\ty, Appellant request ( l) Defendant's Motion~ I~~ November 16, 2017 (2) Deli:ndaot's Motion fut Cantin eh g4b'B'Kugust 23, 20 J7; and, (3) Defendant's Motion to Quash r 22, 2017. The undersigned will pay the required deposit been determined by the court reporter. Respectfully Submitted, Brigetta D'Olivio, Appellant 3800 Pebblecreek Ct. Apt 120 Plano, TX 75023 214.733.7204 CERTIFJCATE OF SERVJCE On this day, a cop~ of the above document was served via certified mail 7016 0910 0001 ff 7703 4541 on the llowing attorneys of record: David Kleiman II VINCENT SE~O GEARY WADDELL JENEVEIN, P.C. 1 1601 EJm Street, Suit.e 4100 Dallas, TX 7520 -3703 1 of 2 CERTIFICATE OF SERVICE I, Brigetta D'Olivio, Ap ellant in the above-caption case, do certify that on the 4th day of March 2019, I served David M. Kleiman, who is the attorney for Appellees Greg Fox and aura Fox, the within "Appellant's 3rd Amended Motion To Extend Time To File ppellant's Amended Brief'', dated March 4, 2019. Said service was made via ce ified mail service, cc#, 7018 1830 0000 3897 5255 the last known address fo David M. Kleiman at 1601 Elm St. Suite 4100 Dallas, TX 75201. 72 No. 05-18-00868 N THE COURT OF APPEALS FOR HE FIFTH DISTRICT OF TEXAS Brigetta D'Olivio Defendant-Appellant V. Greg Fox and Laura Fox Plaintiff-Appellee On peal from the 191 st Judicial District Court Dallas County, Texas Tr. Ct. No. DC-16-05606 CE TIFICATE OF CONFERENCE I, Brigetta D'Olivio, Appell tin the above-captioned Appeal, do certify that to the 4th day of March, 2019, do affirm that a conference and/or attempt(s) of more than once but not less than three times to conference wit counsel for Appellee's, David M. Kleiman of Vincent Serafino Geary Waddell Jenevein PC, 601 Elm St Suite 4100, Dallas, TX 75201, in regards to, Appellant's 3rd Amended Moti n To Extend Time To File Appellant's Amended Briefdated March 4rd, 2019. The contact umber for attorney, David M. Kleiman is 214. 979.7400. Brigetta D'Olivio, Appellant, Pro Se 3800 Pebblecreek Ct. Apt.120 Plano, TX 75023 214.733.7204 bea utifu lhomesbybrigetta@gma iI.com 71