Jim Silliman v. Luxor Contracting, Inc. d/b/a Luxor StaffingAppeal from 134th Judicial District Court of Dallas County (docketing statement)

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ACCEPTED 225EFJ017357697 FIFTH COURT OF APPEALS DALLAS, TEXAS 13 March 4 P3:00 Lisa Matz CLERK Appellate Docket Number: 05-12-01429-CV Appellate Case Style: Jim Silliman Vs. Luxor Contracting, Inc., d/b/a Luxor Staffing Companion Case No.: Amended/corrected statement: FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 3/4/2013 3:00:14 PM LISA MATZ Clerk DOCKETING STATEMENT (Civil) x Appellate Court:5th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) r 4t I Appellant 0 Person fl Organization (choose one) ' r 'Appellant AttorneY )1. , ( CI Lead Attorney First Name: First Name: Jim Last Name: Norvin Middle Name: Reed Last Name: Middle Name: Silliman , 5 Silliman Suffix: Suffix: Law Firm Name: Faegre, Baker & Daniels, LLP Pro Se: 0 Address 1: 111 E. Wayne Street Address 2: Suite 800 City: Fort Wayne State: Indiana Telephone: Zip+4: (260) 460-1625 Fax: 330 02 IL Appellaiit- A orney(s) , 1 Xppellint4 'I Person Reed.Silliman@faegrebd.com SBN: Organization (choose one) Lead Attorney First Name: First Name: Jim Scott Middle Name: Patrick Last Name: Stolley Middle Name: Last Name: ext. (260) 460-1700 Email: Silliman 46802 Suffix: Suffix: Law Firm Name:Thompson & Knight LLP Pro Se: 0 Address 1: 1722 Routh Street Address 2: Suite 1500 Page 1 of 11 , _ City: Dallas State: Texas Telephone: Zip+4: (214) 969-1700 75201 ext. Fax: (214) 880-3287 Email: scott.stolley@tklaw.com SBN: 19284350 III: :,'Xi$elle-e , l ¢ i, . fl Person 0 Organization (choose one) 'IV.:AppelleeAttorneY(s Organization Name:Luxor Contracting, Inc., d/b/a Luxor Staffing First Name: First Name: Middle Name: T. Middle Name: Last Name: Last Name: Suffix: Suffix: Law Firm Name: Bracewell & Guiliani LLP Pro Se: 0 Address 1: 1445 Ross Avenue Address 2: Suite 3800 City: Dallas ''. 441,-, 0 Kevin Schutte Texas State: Telephone: (214) 758-1000 Zip+4: (214) 758-1010 Email: kevin.schutte@bgllp.com SBN: Person 24033050 ¢r , . IV.' Appellee Attorney( ¢ 0 Organization (choose one) 75202-2724 ext. Fax: 'tf ¢III.,Appellee e ./ Lead Attorney Lead Attorney Lauren Organization Name: Luxor Contracting, Inc., d/b/a Luxor Staffing First Name: First Name: Middle Name: J. Middle Name: Last Name: Last Name: Suffix: Suffix: Law Firm Name: Bracewell & Guiliani LLP Pro Se: 0 Address 1: 1445 Ross Avenue Address 2: Suite 3800 City: Dallas Brown State: Texas Telephone: (214) 758-1000 Zip+4: 75202-2724 ext. Fax: (214) 758-1010 Email: lauren.brown@bgllp.com SBN: 24069430 -4 III Aplleer. ---.,-.:. ¢ Person 0 Organization (choose one) IV. ;AppeIlee -Attorney Organization Name: Luxor Contracting, Inc., d/b/a Luxor Staffing First Name: First Name: Middle Name: R Lead Attorney Page 2 of 11 Tricia f ,1 - ¢,I- 1 ¢ Middle Name: Last Name: DeLeon Last Name: Suffix: Suffix: Law Firm Name: Bracewell & Guiliani LLP Pro Se: Address 1: 1445 Ross Avenue Address 2: Suite 3800 City: Dalas State: Texas (214) 758-1000 Telephone: Fax: (214) 758-1010 Email: tricia.deleon@bgllp.com SBN: 24005885 Page 3 of 11 Zip+4: 75202-2724 ext. ,. , V.;.Perfectioii Of Appeal Aild Jurisdiction- Nature of Case (Subject matter or type of case): Other Date order or judgment signed: July 19, 2012 Date notice of appeal filed in trial court: Type of judgment: Jury Trial October 17, 2012 If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal of appealable order: fl Yes ""1 No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): ¢ Yes CI No Accelerated appeal (See TRAP 28): If yes, please specify statutory or other basis on which appeal is accelerated: Parental Termination or Child Protection? (See TRAP 28.4): ¢ Yes ¢ No ¢ Yes No Permissive? (See TRAP 28.3): If yes, please specify statutory or other basis for such status: 0 Yes C1 No Agreed? (See TRAP 28.2): If yes, please specify statutory or other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule: El Yes ii4 No If yes, please specify statutory or other basis for such status: fl Yes 0.1 No Judgment or order disposes of all parties and issues: CA Yes ONo Does this case involve an amount under $100,000? Appeal from final judgment: 1 Yes ¢ No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? , lt s Pate 1 1 I le To Perfect Appeal .. A Yes s,1 No fls- , Motion for New Trial: a Yes No If yes, date filed: August 20, 2012 Motion to Modify Judgment: il1 Yes ¢ No If yes, date filed: August 20, 2012 Request for Findings of Fact and Conclusions of Law: vl Yes No If yes, date filed: August 8, 2012 Motion to Reinstate: DYes >2 No If yes, date filed: Motion under TRCP 306a: fl Yes 2:1 No If yes, date filed: Other: II Yes No If other, please specify: yu. Indigene Party: (A of affidavi t Affidavit filed in trial court: 0 Yes i'l No If yes, date filed: Contest filed in trial court: flYes If yes, date filed: C1 No Date ruling on contest due: Ruling on contest: ¢ Sustained ¢ Overruled Date of ruling: Page 4 of 1 1 niotion if ili.d) I Will: anicuptcy- , Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? ,4. q ro s EYes F :4 No . If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number: < r IX. ¢ Trial Court And Record . , ., Court: ., 134th Judicial District Court , Clerk's Record: County: Dallas Trial Court Clerk: Trial Court Docket Number (Cause No.): DC10 01795 - I District fl County Was clerk's record requested? Yes ¢ No If yes, date requested: October 7, 2012 Trial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Were payment arrangements made with clerk? Dale Middle Name: 1l Yes ENo flindigent Last Name: Tillery (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address 1: George L. Allen, Sr. Courts Bldg. Address 2 : 600 Commerce Street, Suite 650 City: Appellant has already paid for the clerk's record, which has been completed and filed. Dallas State: Texas Telephone: Fax: (214) 653-6995 Zip + 4: 75202 ext. (214) 653-6988 Email: fly@dallascourts.org Reporter's or Recorder's Record: Is there a reporter's record? 1I Yes ¢ No Was reporter's record requested? C1 Yes fl No Was there a reporter's record electronically recorded? fl Yes el No If yes, date requested: October 17, 2012 If no, date it will be requested: Were payment arrangements made with the court reporter/court recorder? CI Yes fl No ¢ Indigent Appellant has paid a $4,000 deposit to the court reporter. The court reporter has said she will bill Appellant for the balance when she completes the transcript. Appellant has agreed to this arrangement and will pay the balance when it is billed by the court reporter. Page 5 of 11 r a, .4 i,,,, ¢ 1 Court Reporter ¢ Court Recorder 1 Official D Substitute First Name: Vielica Middle Name: Last Name: Dlobbins Suffix: Address 1: George L. Allen, Sr. Bldg. Address 2: 600 Commerce Street, Suite 650 City: Dallas State: Texas Telephone: Fax: Zip + 4: 75202 (214) 653-7239 ext. (214) 653-6988 Email: vielica@sbcglobal.net ., 4Supersecleas" Bond Supersedeas bond filed:fl Yes Will file: Co Yes _ ., 1 No k.., If yes, date filed: ¢ No Appellant is working on filing a bond or an alternative to a bond. titra .P aty.Relief ., f ,-.,. Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? flYesei'l No If yes, briefly state the basis for your request: XTI, lAlterriatii,epi§p'ute ResMution/Mediation' C . . .. ,, . ... , . . 40 riT4th CiiiiIrt-OfhAppeal) ection if liii4iii I Should this appeal be referred to mediation? ¢ th, 5th . :-. Oth,11 iZt ' 4 ., 4 Yes ¢ No If no, please specify: Has the case been through an ADR procedure? EYes "4 No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? ¢ Pre-Trial 111 Post-Trial Other If other, please specify: Type of case? Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): (I) Sufficiency of the evidence to support liability; (2) Casteel error in the charge; (3) error in changing the ruling about the transfer date. How was the case disposed of? Trial Summary of relief granted, including amount of money judgment, and if any, damages awarded. If money judgment, what was the amount? Actual damages: $216,597.00 Punitive (or similar) damages: $0.00 Page 6 of 11 Attorney's fees (trial): $185,578.00 Attorney's fees (appellate): $110,000.00 Other: If other, please specify: Will you challenge this Court's jurisdiction? D Yes el No Does judgment have language that one or more parties "take nothing"? Does judgment have a Mother Hubbard clause? s Yes Yes J No p 1 fl 2 p No Other basis for finality? Rate the complexity of the case (use 1 for least and 5 for most complex): 3 4D5 Yes Please make my answer to the preceding questions known to other parties in this case. No 1 Can the parties agree on an appellate mediator? fl Yes s 4 No If yes, please give name, address, telephone, fax and email address: Name Address Telephone Fax Email Languages other than English in which the mediator should be proficient: none Name of person filing out mediation section of docketing statement: Scott P. Stolley I; 'Related Matters _ List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style. Trial Court: Docket Number: Style: Vs. Page 7 of 11 XIV Cbitiligke section if filitiOrt the 1st, , 2na, 3dSi3th ot-'14th Crt The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court. The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at www.tex-app.org . If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys. El Yes i4 No Do you want this case to be considered for inclusion in the Pro Bono Program? Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? CI Yes p No Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program. If you have not previously filed an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of Yes El No the U.S. Department of Health and Human Services Federal Poverty Guidelines? These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.govipoverty/06povertv.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? CI Yes p No If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org . Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit under oath as to your financial circumstances. Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary). March 4, 2013 Signature of counsel (or pro se party) Date: Printed Name: Scott P. Stolley State Bar No.: 19284350 Electronic Signature: /s/ Scott P. Stolley (Optional) Page 8 of 11 ificate:!6f8ervke The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on March 4, 2013 Electronic Signature: /s/ Scott P. Stolley Signature of counsel (or pro se party) (Optional) State Bar No.: 19284350 Person Served Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney Please enter the following for each person served: Date Served: March 4, 2013 Manner Served: Email First Name: Kevin Middle Name: T. Last Name: Schutte Suffix: Law Firm Name:Bracewell & Guiliani LLP Address 1: 1445 Ross Avenue Address 2: Suite 3800 City: Dallas State Telephone: Fax: Zip+4: 75202-2724 Texas (214) 758-1000 ext. (214) 758-1010 Email: kevin.schutte®bgllp.com If Attorney, Representing Party's Name: Luxor Contracting, Inc., d/b/a Luxor Staffing Ver. 1.0 7/12 Page 9 of 11 Please enter the following for each person served: Date Served: March 4, 2013 Manner Served: Email First Name: Lauren Middle Name: J. Last Name: Brown Suffix: Law Firm Name:Bracewell & Guiliani LLP Address 1: 1445 Ross Avenue Address 2: Suite 3800 City: Dallas State Telephone: Fax: Zip+4: 75202-2724 Texas (214) 758-1000 ext. (214) 758-1010 Email: lauren.brown@bgllp.com If Attorney, Representing Party's Name: Luxor Contracting, Inc., d/b/a Luxor Staffing Ver. 1.0 7/12 Please enter the following for each person served: Page 10 ofll Date Served: March 4, 2013 Manner Served: Email First Name: Tricia Middle Name: R. Last Name: DeLeon Suffix: Law Firm Name:Bracewell & Guiliani LLP Address 1: 1445 Ross Avenue Address 2: Suite 3800 City: Dallas State Telephone: Fax: Zip+4: 75202-2724 Texas (214) 758-1000 ext. (214) 758-1010 Email: tricia.deleon@bglIp.com If Attorney, Representing Party's Name: Luxor Contracting, Inc., d/b/a Luxor Staffing Ver. 1.0 7/12 Page 1 1 of 1 1

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