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348-284170-16 FILED
TARRANT COUNTY
6/7/2016 9:27:05 AM
THOMAS A. WILDER
CAUSE NO. 348-258854-12 DISTRICT CLERK
CAUSE NO. 348-284170-16
LUCIA POWER, § IN THE DISTRICT COURT OF
Plaintiff, §
§
v. §
§ TARRANT COUNTY, TEXAS
GSE CONSULTING, LP, and §
WORLD ENERGY SOLUTIONS, §
INC., §
Defendants. § 348TH JUDICIAL DISTRICT
PLAINTIFF’S REQUEST FOR
DOCUMENTS TO BE INCLUDED IN THE CLERK'S RECORD
TO THE CLERK OF THE 348TH DISTRICT COURT- TARRANT COUNTY, TEXAS:
NOW COMES, Plaintiff, Lucia Power, and pursuant to Rules 34.5 and 35.3 of the
Texas Rules of Appellate Procedure ("T.R.A.P.") request the clerk of this Court to prepare,
certify, and file with the Second Court of Appeals (Fort Worth) a Clerk's Record containing
all mandatory items required by Rule 34.5(a) and Rule 34.5(b) of the Texas Rules of
Appellate Procedure, which includes:
No. Document Date
Filed/Signed
1. All pleadings on which the trial was held
2. A certified bill of costs including the costs of preparing the Clerk’s
Record, showing credits for payments made.
3. Plaintiff’s Second Amended Petition 03/26/13
4. Defendants’ 1st Amended Answer to Plaintiff’s 2nd Amended 07/22/13
Petition
5. Traditional Motion for Partial Summary Judgment by Defendants 10/02/13
Justin Helps, Jason Helps, Billy Fowler…
6. Defendants’ Appendix in Support of Motion for Partial Summary 10/02/13
Judgment
7. Power’s Response to Defendant World Energy’s Motion to Compel 11/05/13
Return of World Energy’s Property
REQUEST FOR CLERK’S RECORD Page 1
No. Document Date
Filed/Signed
8. L. Power’s Response to Traditional Motion for Partial Summary 11/11/13
Judgment by Defendants, Justin Helms, Jason Helms, Billy Fowler,
Jeremiah Collins, Byron Biggs, GSE Consulting, LP, GSE
Consulting GP, LLC, Gulf States Energy, Inc., Glenwood Energy
Partners, Ltd. & Glenwood Energy Partners, GP, LLP
9. Lucia Power’s Response to Traditional Motion for Partial Summary 11/12/13
Judgment by Defendants, Justin Helms, Jason Helms, Billy Fowler,
Jeremiah Collins, Byron Biggs, GSE Consulting, LP, GSE
Consulting GP, LLC, Gulf States Energy, Inc., Gleenwood Energy
Partners, Ltd. & Glenwood Energy Partners, GP, LLP
10. L. Power’s Objection to and Motion to Disregard Defendants’ 11/12/13
Assertions of Fact Unsupported by Evidence.
11. Motion to Strike Portions of Lucia Power’s Affidavit 11/15/13
12. Plaintiff’s Motion to Compel Production of Relevant Documents 11/20/13
and Forensic Exam of GSE’s Servers
13. Power’s Motion for Leave to Supplement her Response to 01/09/14
Traditional Motion for Partial Summary Judgment by Defendants,
Justin Helms, Jason Helms, Billy Fowler, Jeremiah Collins, Byron
Biggs, GSE Consulting, LP, GSE Consulting GP, LLC, Gulf States
Energy, Inc., Gleenwood Energy Partners, Ltd. & Glenwood Energy
Partners, GP, LLP
14. Plaintiffs’ Supplement to Traditional Partial Motion for Summary 01/09/14
Judgment by Defendants Helms, Fowler, Collins, Biggs, GSE, Gulf
States, and Glenwoods
15. GSE’s Motion to Strike Late Filed and Defective Supplement to 01/10/14
Plaintiff’s Response to the GSE Movant’s Motion for Partial
Summary Judgment
16. Plaintiff’s Motion for Reconsideration of Court’s Denial of Motion 01/16/14
for Leave to Supplement her Response to Traditional Motion for
Partial Summary Judgment
17. Letter with Proposed Order Denying Plaintiff’s Motion for Leave to 01/20/14
Supplement & Granting Defendants’ Motion to Strike Late Filed
and Defective Supplement to Plaintiff’s Response to the GSE
Movant’s Motion for Partial Summary Judgment
18. Lucia Power’s Motion for Leave to Deem as Timely filed her 01/22/14
Response to World Energy Solution, Inc.’s Traditional and No
Evidence MSJ
19. Plaintiff’s Additional Supplement to her Previously Filed Motion for 01/22/14
Reconsideration of Court’s Denial of Motion for Leave to
Supplement Her Response to Motion for Partial Summary Judgment
REQUEST FOR CLERK’S RECORD Page 2
No. Document Date
Filed/Signed
and her Motion to Compel
20. Exhibit 1 to Plaintiff’s Additional Supplement to her Previously… 01/22/14
21. Exhibit 2 to Plaintiff’s Additional Supplement to her Previously… 01/22/14
22. Proposed order 01/22/14
23. Order Granting Defendants’ Traditional Motion for Partial Summary 05/05/14
Judgment
24. Plaintiff’s Proposed Charge of Court 01/26/16
25. Charge of the Court 02/04/16
26. Defendant’s Motion for Entry of Final Judgment NOV and for 02/15/16
Severance (with exhibits)
27. Final Judgment and Order of Severance 03/03/16
28. Plaintiff’s Motion for New Trial 04/04/16
29. Certificate of Conference on Plaintiff’s Motion for New Trial 04/12/16
30. Order Setting Hearing on Motion for New Trial 04/13/16
31. GSE’s Response to Plaintiff’s Motion for New Trial 04/25/16
32. Plaintiff’s Reply to GSE’s Response to Plaintiff’s Motion for New 04/28/16
trial
33. Order Denying Plaintiff’s Motion for New Trial 05/05/16
34. Notice of Appeal 05/31/16
35. Request for Reporter’s Record 05/31/16
36. Request for Clerk’s Record 06/07/16
WHEREFORE, Plaintiff requests that the Clerk of the Court prepare a Clerk's
Record, and in addition to those items required by T.R.A.P. 34.5(a) and (b), and thereafter
file the Clerk's Record in the Court of Appeals for the Second District of Texas at Fort
Worth, pursuant to T.R.A.P. 35.1 and 35.3.
REQUEST FOR CLERK’S RECORD Page 3
Respectfully submitted,
/s/ Thomas M. Michel
W. KELLY PULS
State Bar No. 16393350
Kelly@pulshaney.com
MARK A. HANEY
State Bar No. 08908480
mark@pulshaney.com
KOLTER R. JENNINGS
State Bar No. 24094048
kolter@pulshaney.com
PULS HANEY, P.L.L.C.
300 Burnett Street, Suite 160
Fort Worth, Texas 76102
(817) 338-1717 (Telephone)
(817) 996-1282 (Facsimile)
THOMAS M. MICHEL
State Bar No. 14009480
GRIFFITH, JAY & MICHEL, LLP
2200 Forest Park Blvd.
Fort Worth, Texas 76110
(817) 926-2500 (Telephone)
(817) 926-2505 (Facsimile)
thomasm@lawgjm.com
ATTORNEYS FOR PLAINTIFF
REQUEST FOR CLERK’S RECORD Page 4
CERTIFICATE OF SERVICE
I certify that on the 7th day of June, 2016 a true and correct copy of the foregoing
document was served on all counsel of record via E-service by and through their counsel
of record as follows:
D. Luke McMahan Lori Hood
THE PEAVLER GROUP, P.C. BAKER DONELSON
2215 Westgate Plaza 1301 McKinney Street, Suite 3700
Grapevine, Texas 76051 Houston, Texas 77010
lmcmahan@peavlergroup.com lhood@bakerdonelson.com
W. Kelly Puls
kelly@pulshaney.com
Mark Haney
PULS HANEY, P.C.
300 Burnett Street, Suite 160
Fort Worth, Texas 76102
/s/ Thomas M. Michel
REQUEST FOR CLERK’S RECORD Page 5
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348-284170-16 FILED TARRANT COUNTY 6/7/2016 9:27:05 AM THOMAS A. WILDER CAUSE NO. 348-258854-12 DISTRICT CLERK CAUSE NO. 348-284170-16 LUCIA POWER, § IN THE DISTRICT COURT OF Plaintiff, § § v. § § TARRANT COUNTY, TEXAS GSE CONSULTING, LP, and § WORLD ENERGY SOLUTIONS, § INC., § Defendants. § 348TH JUDICIAL DISTRICT PLAINTIFF’S REQUEST FOR DOCUMENTS TO BE INCLUDED IN THE CLERK'S RECORD TO THE CLERK OF THE 348TH DISTRICT COURT- TARRANT COUNTY, TEXAS: NOW COMES, Plaintiff, Lucia Power, and pursuant to Rules 34.5 and 35.3 of the Texas Rules of Appellate Procedure ("T.R.A.P.") request the clerk of this Court to prepare, certify, and file with the Second Court of Appeals (Fort Worth) a Clerk's Record containing all mandatory items required by Rule 34.5(a) and Rule 34.5(b) of the Texas Rules of Appellate Procedure, which includes: No. Document Date Filed/Signed 1. All pleadings on which the trial was held 2. A certified bill of costs including the costs of preparing the Clerk’s Record, showing credits for payments made. 3. Plaintiff’s Second Amended Petition 03/26/13 4. Defendants’ 1st Amended Answer to Plaintiff’s 2nd Amended 07/22/13 Petition 5. Traditional Motion for Partial Summary Judgment by Defendants 10/02/13 Justin Helps, Jason Helps, Billy Fowler… 6. Defendants’ Appendix in Support of Motion for Partial Summary 10/02/13 Judgment 7. Power’s Response to Defendant World Energy’s Motion to Compel 11/05/13 Return of World Energy’s Property REQUEST FOR CLERK’S RECORD Page 1 No. Document Date Filed/Signed 8. L. Power’s Response to Traditional Motion for Partial Summary 11/11/13 Judgment by Defendants, Justin Helms, Jason Helms, Billy Fowler, Jeremiah Collins, Byron Biggs, GSE Consulting, LP, GSE Consulting GP, LLC, Gulf States Energy, Inc., Glenwood Energy Partners, Ltd. & Glenwood Energy Partners, GP, LLP 9. Lucia Power’s Response to Traditional Motion for Partial Summary 11/12/13 Judgment by Defendants, Justin Helms, Jason Helms, Billy Fowler, Jeremiah Collins, Byron Biggs, GSE Consulting, LP, GSE Consulting GP, LLC, Gulf States Energy, Inc., Gleenwood Energy Partners, Ltd. & Glenwood Energy Partners, GP, LLP 10. L. Power’s Objection to and Motion to Disregard Defendants’ 11/12/13 Assertions of Fact Unsupported by Evidence. 11. Motion to Strike Portions of Lucia Power’s Affidavit 11/15/13 12. Plaintiff’s Motion to Compel Production of Relevant Documents 11/20/13 and Forensic Exam of GSE’s Servers 13. Power’s Motion for Leave to Supplement her Response to 01/09/14 Traditional Motion for Partial Summary Judgment by Defendants, Justin Helms, Jason Helms, Billy Fowler, Jeremiah Collins, Byron Biggs, GSE Consulting, LP, GSE Consulting GP, LLC, Gulf States Energy, Inc., Gleenwood Energy Partners, Ltd. & Glenwood Energy Partners, GP, LLP 14. Plaintiffs’ Supplement to Traditional Partial Motion for Summary 01/09/14 Judgment by Defendants Helms, Fowler, Collins, Biggs, GSE, Gulf States, and Glenwoods 15. GSE’s Motion to Strike Late Filed and Defective Supplement to 01/10/14 Plaintiff’s Response to the GSE Movant’s Motion for Partial Summary Judgment 16. Plaintiff’s Motion for Reconsideration of Court’s Denial of Motion 01/16/14 for Leave to Supplement her Response to Traditional Motion for Partial Summary Judgment 17. Letter with Proposed Order Denying Plaintiff’s Motion for Leave to 01/20/14 Supplement & Granting Defendants’ Motion to Strike Late Filed and Defective Supplement to Plaintiff’s Response to the GSE Movant’s Motion for Partial Summary Judgment 18. Lucia Power’s Motion for Leave to Deem as Timely filed her 01/22/14 Response to World Energy Solution, Inc.’s Traditional and No Evidence MSJ 19. Plaintiff’s Additional Supplement to her Previously Filed Motion for 01/22/14 Reconsideration of Court’s Denial of Motion for Leave to Supplement Her Response to Motion for Partial Summary Judgment REQUEST FOR CLERK’S RECORD Page 2 No. Document Date Filed/Signed and her Motion to Compel 20. Exhibit 1 to Plaintiff’s Additional Supplement to her Previously… 01/22/14 21. Exhibit 2 to Plaintiff’s Additional Supplement to her Previously… 01/22/14 22. Proposed order 01/22/14 23. Order Granting Defendants’ Traditional Motion for Partial Summary 05/05/14 Judgment 24. Plaintiff’s Proposed Charge of Court 01/26/16 25. Charge of the Court 02/04/16 26. Defendant’s Motion for Entry of Final Judgment NOV and for 02/15/16 Severance (with exhibits) 27. Final Judgment and Order of Severance 03/03/16 28. Plaintiff’s Motion for New Trial 04/04/16 29. Certificate of Conference on Plaintiff’s Motion for New Trial 04/12/16 30. Order Setting Hearing on Motion for New Trial 04/13/16 31. GSE’s Response to Plaintiff’s Motion for New Trial 04/25/16 32. Plaintiff’s Reply to GSE’s Response to Plaintiff’s Motion for New 04/28/16 trial 33. Order Denying Plaintiff’s Motion for New Trial 05/05/16 34. Notice of Appeal 05/31/16 35. Request for Reporter’s Record 05/31/16 36. Request for Clerk’s Record 06/07/16 WHEREFORE, Plaintiff requests that the Clerk of the Court prepare a Clerk's Record, and in addition to those items required by T.R.A.P. 34.5(a) and (b), and thereafter file the Clerk's Record in the Court of Appeals for the Second District of Texas at Fort Worth, pursuant to T.R.A.P. 35.1 and 35.3. REQUEST FOR CLERK’S RECORD Page 3 Respectfully submitted, /s/ Thomas M. Michel W. KELLY PULS State Bar No. 16393350 Kelly@pulshaney.com MARK A. HANEY State Bar No. 08908480 mark@pulshaney.com KOLTER R. JENNINGS State Bar No. 24094048 kolter@pulshaney.com PULS HANEY, P.L.L.C. 300 Burnett Street, Suite 160 Fort Worth, Texas 76102 (817) 338-1717 (Telephone) (817) 996-1282 (Facsimile) THOMAS M. MICHEL State Bar No. 14009480 GRIFFITH, JAY & MICHEL, LLP 2200 Forest Park Blvd. Fort Worth, Texas 76110 (817) 926-2500 (Telephone) (817) 926-2505 (Facsimile) thomasm@lawgjm.com ATTORNEYS FOR PLAINTIFF REQUEST FOR CLERK’S RECORD Page 4 CERTIFICATE OF SERVICE I certify that on the 7th day of June, 2016 a true and correct copy of the foregoing document was served on all counsel of record via E-service by and through their counsel of record as follows: D. Luke McMahan Lori Hood THE PEAVLER GROUP, P.C. BAKER DONELSON 2215 Westgate Plaza 1301 McKinney Street, Suite 3700 Grapevine, Texas 76051 Houston, Texas 77010 lmcmahan@peavlergroup.com lhood@bakerdonelson.com W. Kelly Puls kelly@pulshaney.com Mark Haney PULS HANEY, P.C. 300 Burnett Street, Suite 160 Fort Worth, Texas 76102 /s/ Thomas M. Michel REQUEST FOR CLERK’S RECORD Page 5