ACCEPTED
03-15-00085-CV
4388670
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/5/2015 3:38:32 PM
JEFFREY D. KYLE
CLERK
Lisa Bowlin Hobbs | lisa@kuhnhobbs.com
3307 Northland Drive, Suite 310 |RECEIVED IN 78731
Austin, Texas
3rd COURT
Tel 512.476.6003 | FaxOF APPEALS
512.463.6002
AUSTIN, TEXAS
3/5/2015 3:38:32 PM
JEFFREY D. KYLE
March 5, 2015 Clerk
Jeffrey D. Kyle, Clerk
Third Court of Appeals via e-filing
Price Daniel Sr. Building
209 West 14th Street, Room 101
Austin, Texas 78701
Re: No. 03-15-00085-CV
Michael J. DeLitta; and DeLCom Properties, LLC v. Nancy Schaefer
Dear Mr. Kyle:
Appellee, Nancy Schaefer, filed her Request for Supplemental Clerk’s Record
and Request for Supplemental Reporter’s Record with the trial court today. Courtesy
copies of both requests are attached to this letter.
Kindest Regards,
KUHN HOBBS PLLC
By: __________________________
Lisa Bowlin Hobbs
Attachments
cc: Douglas Drucker, Attorney for Appellants – via e-Service
Lisa Bowlin Hobbs | lisa@kuhnhobbs.com
3307 Northland Drive, Suite 310 | Austin, Texas 78731
Tel 512.476.6003 | Fax 512.463.6002
March 4, 2015
Alicia Racanelli
Official Court Reporter
201st District Court
1000 Guadalupe, Third Floor
Austin, Texas 78701
Re: Nancy Schaefer v. Michael J. DeLitta, et al.
No. D-1-GN-13-003516; 201st Judicial District Court, Travis County, Texas
No. 03-15-00085-CV; Third Court of Appeals, Austin, Texas
Dear Ms. Racanelli:
Pursuant to Texas Rule of Appellate Procedure 34.6, Nancy Schaefer respectfully
requests that the court reporter prepare and file a Supplemental Reporter’s Record in this case.
Appellants Michael J. DeLitta and DeLCom Properties, LLC, appealed the denial of the
Motion to Dissolve and Declare Temporary Injunction Void, signed on January 16, 2015. In
their notice of interlocutory appeal, Appellants requested a reporter’s record be prepared. The
Motion to Dissolve and Declare Temporary Injunction Void was heard jointly with the Motion to
Transfer Venue, Motion to Dissolve, Motion to Declare Temporary Injunction Void, Motions to
Disqualify, Motion to Quash and 308 Motion before the Honorable Judge Amy Clark Meachum,
in the 201st District Court of Travis County, Texas, on December 14, 2014. A Reporter’s
Record containing the transcript of this hearing was filed with the Third Court of Appeals, as
requested.
Appellants did not, however, request that the reporter’s record include the exhibits
admitted during the hearing. Schaefer requests the following exhibits be included in the
Reporter’s Record, all of which were cited in her responses to the Motion to Dissolve and
Declare Temporary Injunction Void, and admitted at the December 14, 2014, hearing.
1. Exhibit 5;
2. Exhibit 6;
3. Exhibit 7;
4. Exhibit 8;
5. Exhibit 10;
Kuhn Hobbs PLLC
March 4, 2015 Page 2
6. Exhibit 34;
7. Exhibit 35;
8. Exhibit 42;
9. Exhibit 43;
10. Exhibit 44;
11. Exhibit 45; and
12. Exhibit 46.
Please advise us when the supplemental record is complete. We would like a copy of the
supplemental record and are prepared to pay the costs associated with preparing it.
Thank you for your assistance with this matter. If you have any questions, or need
additional information, please do not hesitate to call me.
Sincerely,
KUHN HOBBS PLLC
By: __________________________
Lisa Bowlin Hobbs
cc: Hon. Vela Price – for inclusion in the record – via e-filing
Douglas R. Drucker, Attorney for Appellants – via e-filing
Eric Taube, Attorney for Provision Member Jeff Compton – via e-filing
Hon. Jeffrey D. Kyle, Clerk, Third Court of Appeals – via e-filing
NO. D-1-GN-13-003516
NANCY SCHAEFER, § IN THE DISTRICT COURT
Plaintiff, §
§
v. §
§ 201st JUDICIAL DISTRICT
MICHAEL J. DELITTA, AXIOM §
MEDICAL CONSULTING, LLC, §
AXIOM PROFESSIONALS, LLC, §
AXIOM PROPERTIES, LLC, §
DELCOME PROPERTIES, LLC §
Defendants. § TRAVIS COUNTY, TEXAS
NANCY SCHAEFER’S REQUEST FOR
SUPPLEMENTAL CLERK’S RECORD
TO THE HONORABLE CLERK OF TRAVIS COUNTY:
Pursuant to Texas Rule of Appellate Procedure 34.5(c), Nancy Schaefer requests the clerk of
this Court prepare a supplemental record containing a true copy of the proceedings in the trial court
for transmission to the Third Court of Appeals in Austin, Texas. Nancy Schaefer requests the papers
listed below, including exhibits, be included in the record:
DESCRIPTION DATE FILED
1. Temporary Restraining Order 10/09/13
2. Joint Motion for Appointment of Provisional Voting Member 11/12/13
3. Order on Joint Motion for Appointment of Provisional Voting Member 12/10/13
4 Defendants’ Motion to Enforce, Modify and/or Dissolve Certain
03/13/14
Provision of the Temporary Injunction
5. Plaintiff’s Second Verified Application for Temporary Restraining
03/18/14
Order, Temporary Injunction and Permanent Injunction
6. Motion to Enforce the Agreed Temporary Injunction, Motion to Clarify
Agreed Temporary Injunction, and Plaintiff’s Response to Defendants’
03/21/14
Motion to Enforce, Modify and/or Dissolve Certain Provisions of the
Temporary Injunction
7. Order 04/18/14
8. Order 04/21/14
9. Plaintiff’s Second Motion to Enforce the Agreed Injunction, Motion for
05/16/14
Contempt and Motion to Appoint Receiver
10. Defendants’ Emergency Motions 06/13/14
11. Order on Second Motion to Enforce the Agreed Injunction and Motion 06/19/14
Cause No. D-1-GN-13-003516
Request for Supplemental Clerk’s Record Page 1 of 3
for Contempt
12. Order Appointing Receiver 06/19/14
13. Plaintiff’s Second Amended Petition and Jury Demand 10/28/14
14. Agreed Amended Scheduling Order 11/06/14
15. Verification of Nancy Schaefer verifying Plaintiff’s Second Amended
Petition and Jury Demand and Plaintiff’s First Amended Response to
12/15/14
Defendants’ Motion to Dissolve and Declare Temporary Injunction
Void
Please advise us when the supplemental record is complete. We would like a copy of the
supplemental record and are prepared to pay the costs associated with preparing it.
Please also call if you have any questions or concerns.
Dated: March 5, 2015 Respectfully submitted,
By: /s/ Lisa Bowlin Hobbs
Donald R. Taylor Lisa Bowlin Hobbs
State Bar No. 19688800 State Bar No. 24026905
dtaylor@taylordunham.com Lisa@KuhnHobbs.com
Of Counsel Stacey Reese Kurt Kuhn
State Bar No. 24056188 State Bar No. 24002433
stacey@reeselawpractice.com Kurt@KuhnHobbs.com
TAYLOR DUNHAM & RODRIGUEZ LLP KUHN HOBBS PLLC
301 Congress Avenue, Suite 1050 3307 Northland Drive, Suite 310
Austin, Texas 78701 Austin, Texas 78731
(512) 473-2257 (512) 476-6003
(512) 478-4409 (fax) (512) 476-6002 (fax)
Howard F. Carter, Jr.,
State Bar No. 03916500
sam@scarterlawfirm.com
HOWARD F. CARTER, JR., P.C.
5600 Tennyson Parkway, Suite 160
Plano, Texas 75024
(972) 455-2001
(972) 455-2015 (fax)
Counsel for Plaintiff, Nancy Schaefer
Cause No. D-1-GN-13-003516
Request for Supplemental Clerk’s Record Page 2 of 3
Certificate of Service
I hereby certify that, on March 5, 2015, and in compliance with the Texas Rules of Civil
Procedure, a true and correct copy of this request has been served as follows:
Douglas R. Drucker via e-Service
Kirby D. Hopkins
Drucker | Hopkins LLP
21 Watery Avenue, Suite 300
The Woodlands, TX 77380
Counsel for Defendants
Eric J. Taube via e-Service
Hohmann, Taube & Summers LLP
100 Congress Avenue, 18th Floor
Austin, Texas 78701
Counsel for Provisional Member Jeff Compton
/s/ Lisa Bowlin Hobbs
Lisa Bowlin Hobbs
Cause No. D-1-GN-13-003516
Request for Supplemental Clerk’s Record Page 3 of 3