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

0 )" I 5 - O \Qr\ ~Oj 2/25/2015 11:17:52 AM Chris Daniel - District Clerk Harris County Envelope No. 4275629 By: Phyllis Washington Filed: 2/25/2015 11:17:52 AM CAUSE NO. 2012-33464-A LETICIA B. LOYA § IN THE DISTRICT COURT OF § Plaintiff, § § VS. § HARRIS COUNTY, TEXAS HARRY L. TINDALL, § (^ INDIVIDUALLY, § J^ AND TINDALL & ENGLAND 8 %£? Defendants. § 190th JUDICIAL DISTRICT r> NOTICE OF APPEA# 7^ NOTICE IS HEREBY GIVEN that LetiCuTB. Loya, Plaintiff in the above- *S>the Fourteenth Houston Court of named case, hereby appeals to the First<4?r *A* c> Appeals from the district court's orde^-granting the Amended Motions to Dismiss «% Based on Mandatoiy Forum Sejecjon Clauses of Vilol, Inc., Michael Metz, and Antonio Maarraoui signed December 9, 2014; as well as the district court's order granting Miguel Loya^^flbtion to Dismissed Based on a Mandator)' Forum Selection Clause signed January 15, 2015.' 5P The District Court signed the Order of Severance rendering these final and appealable orders on January 26, 2015 and an Amended Severance Order clarifying the docket number.  Respectfully submitted, PROVOST * UMPHREY LAW FIRM, L.L.P. 490 Park Street P.O. Box 4905 ^ Beaumont, Texas 77704 ^(<|p (409) 835-6000 (409) 813-8605 (FAX) j^ Bv: /s/ Jennifer Job^ Jennifer Job ^F State BarN^24050682 James E^yne State B^No. 00788171 ATTORNEY FOR PLAINTIFF CERTIFjAtE OF SERVICE I HEREBY CERTIFYM-hat a true and correct copy of the foregoing instrument has been farni^lpl to all known counsel of record via EFILE and/or certified mail, return rece^requested on this 25th day ofFebruary, 2015. \ \ < \( t*. r&Aancc Ordc r ACCEPTED 01-14-01014-CV FIRST COURT OF APPEAl J HOUSTON. TEXAS 2/25/2015 11:59:17 AM CHRISTOPHER PRIlill PROVOSlSbr UMPHREY CLERK fflMWItgffil LAW FIRM L.L.P. JENNIFER JOB ATTORNEY B0AR3 CERTIFIED: PERSONAL INJURY TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION February 25,2015 DESIGNATION OF RECORD ON APPEAL Civil/Family Post Trial Department 201 Caroline, Suite 250 Houston, Texas 77210 RE: Case #2012-33464 -^J) Styled: Leu'cia B. Loya v. Ian Taylor, Jacobus Sterken, Stichting Tinsel Group, Vitol Holding IIS.A., and Tinsel Group S.A. Dear Sir or Madam: Plaintiff filed a notice of appeal in this case on February 25, 2015. In accordance with Appellate Rule 34.5(a) and (b), Plaintiffs request the clerk to prepare a clerk's record of the proceedings in this case for inclusion in the appellate record. Plaintiff requests the following items be included in the clerk's record. This list includes those items required by Appellate Rule 34.5(a); 1. The Court's docket sheet; 2. Plaintiffs' Original Petition, filed June 7, 2012; 3. Plaintiffs First Amended Petition and Jury Demand, filed June 6, 2014; 4. Defendant Miguel A. Loya's Original Answer, filed July 7, 2014; 5. Defendant Michael Metz & Antonio Maarraoui \s Joint Motion to Dismiss Based on a Mandatory Forum Selection Clause, Plea to the Jurisdiction, Plea in Abatement. Special Exceptions, and Subject Thereto, General Denial and Affirmative Defenses to Plaintiffs First Amended Petition, filed July 26, 2014; 6. Defendant Miguel A. Loya's Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss Based on a Mandatory Forum Selection Clause, and Motion to Stay and Application for Order Compelling Arbitration, filed August 18, 2014; ',90 PARKSTREET • EO. DOX-1905 • BEAUMONT, TEXAS7770-1 109-83S f>000 • 1000-289-0101 • PAX-109 038 8888 JJobQpulf.coin • wvQKpnvosunnpbnucoom Beaumont, TX • Houston, TX • NashvUIe.TN • North Utile Rode. AR 7. Defendant Ian Taylor's Special Appearance, Motion to Dismiss Based on Mandatory Forum Selection Clause, Plea to Jurisdiction, Plea in Abatement, Special Exceptions and Subject Thereto General Denial and Affirmative Defenses to Plaintiffs First Amended Petition, filed 7/26/14; 8. Defendant Vitol Defendants' Amended Motion to Dismiss Based on Mandatory Forum SelectionClauses,filed October 27,2014; 9. Plaintiff Leticia B. Loya's Response to Vitol Defendants' Amended Motion to Dismiss Based on Mandatory Forum Selection Clauses, filed November 3,2014; 10. Plaintiff Leticia B. Loya's Response to Miguel Loya's Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss Based on a Mandatory Forum Selection Clause, and Motion to Stay and Application for Order Compelling Arbitration, filed November 3,2014; 11. Thetrial court's Letter to theParties, filed December 2,2014; 12. Order signed granting Vitol, Inc., Michael Metz, and Antonio Maarraoui's Amended Motion to Dismiss Based on Mandatory Forum Selection Clauses, filed December 9,2014; 13. Miguel A. Loya's Reply to Leticia Loya's Response to Miguel A. Loya's Motion to Dismiss Based on a Mandatory Forum Selection Clause, field January 13, 2015; 14. Order signed Denying Miguel Loya's Motion to Stay and Application for Order Compelling Arbitration, filed January 15,2015; 15. Order signed Denying Miguel Loya's Motion to Dismiss for Lack of Jurisdiction, filed January 15,2015; 16. Order signed Granting Miguel Loya's Motion to Dismiss Based on a Mandatory Forum Selection Clause, filed January 15,2015; 17. Plaintiff Leticia B. Loya's Sur-Reply to Miguel Loya's Motion to Dismiss Based on a Mandatory Forum Selection Clause, filed January 20,2015; 18. Order of Severance, Filed January 26,2015; 19. Amended Order of Severance, filed February 19, 2015; 20. Thenotice of appeal filed February 25,2015; 21. A copyof this request, filed thisdate. 22. A certified bill of costs, including the cost for preparing the clerk's record, showingany credits for payments made. Should you require any assistance in locating any of these items, please contact the undersigned attorney. Sincerely, JJ:gm