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CAUSE NO. 2016-86829
FIRST BANK, IN THE DISTRICT COURT OF
Plaintiff
vs. HARRIS COUNTY, TEXAS
KOPPER FUNDING CORPORATION and
NICOLAS M. BAZAN, P.C.,
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Defendants. §
165™ JUDICIAL DISTRICT
DEFENDANTS REPLY TO THE PLAINTIFFS’ RESPONSE TO THE DEFENDANTS
5™ MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now Defendants, Kopper Funding Corporation, Nicolas M. Bazan, P.C and
Nicolas M. Bazan, Individually, (hereinafter Defendants) and brings this their above
styled objection, motion and supplement and would show the Court as follows:
1. Defendants attorney and Defendant Nicholas M Bazan would object to the vituperative
nature of First Banks response opposing the Defendants Fifth Motion for Continuance.
First, the plaintiff lists as the evidence to the Fifth Motion for Continuance, a letter of Felipe
Flores MD. That was a letter that was attached to the Fourth Amended Motion for
Continuance. The letter attached to the Fifth is a letter from Dr. Luis Camacho.
2. The Plaintiffhas incorporated two spreadsheets (shown below) in its motion which
reflect 19 other cases that were handled by the law office of Nicholas m. Bazan SINCE
2015, a period of almost 4 years. The majority of the cases listed below are officepractice collection cases for which there were no hearings or trials and were handled
through Nicholas M. Bazan ‘s office practice.
Cause No. Style Date Filed | District
Court
2018-60809 | Northgate Forest Phase | Community Association 09-07-18 | 127
Inc. v. Navjeel Cheema
2018-29702 | Carlos Howard v. Mark J. Mangrum 05-02-18 | 113
2018-27198 | Jamal Al-Zibdeh v. Texas Farmers Insurance 04-23-18 | 61
Company
2018-27432 | Jamal Al-Zibdeh v. Texas Farmers Insurance 04-23-18 | 129
Company
2018-14595 | The Estates ofNorthgate Forest If Community 03-05-18 | 11
Association Inc. v. Harvey Williams
2018-14250 | Woods ofNorthgate Forest Community Association 03-02-18 | 61
vy. Lincoln Murphy
2018-07689 | Ramona Scarlett v. Stonecraft Builders LLC 02-05-18 | 334
2018-06571 Disaster Relief Restoration and Mold Remediation 01-31-18 113
Inc. v. Northgate Country Club Management LLC
2015-56195 | West Park Collision Center Inc. v. Gulftech Engines | 09-21-15 | 215
Inc.
Cause No. Style Date Date of Judgment District
Filed or Dismissal Court
2017-79369 | Harris County v. Charles Rencher | 11-28-17 | 10-05-18 judgment | 190
2017-72067 | Anderson Restoration LLC v. 10-25-17 | 07-16-18 dismissed | 190
Russell McMurtrey (on Plaintiffs
motion, Bazan's
client)
2017-51428 | Anderson Restoration LLC v. 08-02-17 | 05-25-18 judgment | 269
Donna Poe (in favor of
Plaintiff, Bazan's
client)2017-51432 Anderson Restoration LLC v. 08-02-17 | 09-12-18 judgment | 151
Frank E. Rudzinski (in favor of
Plaintiff, Bazan's
client)
2016-76923 | Anderson Restoration LLC v. 11-07-16 | 03-31-17 judgment | 164
Hugo W. Iglesias Hugo (in favor of
Plaintiff, Bazan's
client - ongoing
post-judgment
collection)
2016-35383 | West Park Collision Center Inc. 05-30-16 | 07-20-18 dismissed | 152
v. Bronco Truck Salvage Inc (on Plaintiffs
motion, Bazan's
client)
2016-04438 | Abrhim Enshikar v.Ahmad Zaid 01-25-16 | 07-26-18 judgment | 281
denied after trial (in
favor of Defendant,
Bazan's client)
2015-51658 | Ocwen Loan Servicing LLC v. 09-02-15 | 03-21-17 agreed 133
Bryan Hopkins judgment
3. The handling of the rest of the cases can be easily explained as follows: Plaintiff and its
counsel clearly want to make some kind of prejudicial showing that Nicolas M. Bazan is
not sick, and able to fully work, by their misleading charts above. In fact, the opposite is
true. Nicolas M. Bazan would show, that of the cases listed above as cited by the Plaintiff,
Defendants attorney and Defendant Nicolas M. Bazan, has been forced, due to ill health
(since July 2018 when his radiation treatment started) to withdraw from active
representation in 20/8-29703, Carlos Howard vs. Mark Mangrum and 2018-06571,
Disaster Relief vs Northgate. These cases are now being overseen by the law firm of
Hoover Slovacek as attorney in charge. Nicolas M: Bazan would have withdrawn from
active representation in 2018-27198 and 2018-27432, Jamal Al Zibdeh vs, Texas Farmers,but these cases were recently removed to an MDL, which is run day to day by MDL
counsel.
Of the rest, Northgate V Cheema, 2018-60809 was an emergency 1 hour TRO which
was denied. 2018-14595, Estates of Northgate vs. Williams and 2018-14250, Woods of
Northgate vs. Murphy are default actions which only require office practice, 2018-06571
Scarlett vs. Stonecrafi was mediated in March of 2018, unsuccessfully, with no active
litigation planned on that case until after February 2019 and, most importantly, 20/5-
56195 WestPark vs. Gulfiech has been continued, by agreement of the defendant (unlike
present opposing counsel, Vicki Hart) due to the severe ill health of Nicolas M. Bazan.
Nicolas M. Bazan would state that because of his cancer, since the winter of 2017, he
has kept in his employ 2 very experienced legal assistants, and a clerk to assist in the
drafting of complex legal documents, such as the ones seen in this case, for oversight,
review, alteration and approval by Nicolas M. Bazan, along with helping with the day to
day operation of his firm.
Nicolas M Bazan also attaches *(see below) the affidavit of Dr. Luis H Camacho as
Exhibit “A” , which will state that it is his opinion that Nicolas M. Bazan is unable to try a
case as a trial lawyer, or be a witness in the upcoming trial of this case on November 5,
2018. The affidavit will also reflect the vast spread of Nicolas M. Bazan’s cancer since
June of 2018, which reflects new cancerous lesions in Nicolas M. Bazans’ body, SINCE
June of 2018, on Mr. Bazans’ skull, humeri, scapula ribs, spine, bony pelvis, femurs and
the left fibula. The cancer of Nicolas M. Bazan LITERALLY IS ALL OVER HIM, and
runs from his legs to the top of his head. The attempts to minimize or belittle this serious
condition by the Plaintiff in their various motions is outrageous and unprofessional.Nicolas M Bazan would also state that he is scheduled to begin chemotherapy on October
31, 2018.
WHEREFORE, PREMISES CONSIDERED, Defendants pray that Defendants KOPPER
FUNDING CORPORATION, NICOLAS M. BAZAN, P.C. and NICOLAS M. BAZAN's Fourth
and/or Fifth Motion for Continuance be granted, and for such other and further relief that they are
justly entitled to.
e Dr. Camacho has stated that he will sign the affidavit. As of the filing of this motion, the
affidavit has not been returned but will be filed upon receipt
Respectfully submitted,
Nicolas M. Bazan
State Bar No. 01944600
14614 Falling Creek, Ste. 150
Houston, Texas 77068
(281) 444-3600 Telephone
(281) 444-3670 Facsimile
Email: notify@nmblaw.com
Attorney for Kopper Funding Corporation
Nicolas M. Bazan, P.C. and Nicolas M.
Bazan, Indv.
CERTIFICATE OF SERVICE
I certify that on October 26th, 2018, a copy of the above styled motion has been served on
the party listed below electronically.
Via Electronic ServiceDonald L. Turbyfill
Vicki W. Hart
DEVLIN, NAYLOR & TURBYFILL, P.L.L.C.
5120 Woodway, Suite 900
Houston, Texas 77056-5825
Nicolas M. Bazan
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CAUSE NO. 2016-86829 FIRST BANK, IN THE DISTRICT COURT OF Plaintiff vs. HARRIS COUNTY, TEXAS KOPPER FUNDING CORPORATION and NICOLAS M. BAZAN, P.C., § § § § § § § Defendants. § 165™ JUDICIAL DISTRICT DEFENDANTS REPLY TO THE PLAINTIFFS’ RESPONSE TO THE DEFENDANTS 5™ MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: Comes now Defendants, Kopper Funding Corporation, Nicolas M. Bazan, P.C and Nicolas M. Bazan, Individually, (hereinafter Defendants) and brings this their above styled objection, motion and supplement and would show the Court as follows: 1. Defendants attorney and Defendant Nicholas M Bazan would object to the vituperative nature of First Banks response opposing the Defendants Fifth Motion for Continuance. First, the plaintiff lists as the evidence to the Fifth Motion for Continuance, a letter of Felipe Flores MD. That was a letter that was attached to the Fourth Amended Motion for Continuance. The letter attached to the Fifth is a letter from Dr. Luis Camacho. 2. The Plaintiffhas incorporated two spreadsheets (shown below) in its motion which reflect 19 other cases that were handled by the law office of Nicholas m. Bazan SINCE 2015, a period of almost 4 years. The majority of the cases listed below are officepractice collection cases for which there were no hearings or trials and were handled through Nicholas M. Bazan ‘s office practice. Cause No. Style Date Filed | District Court 2018-60809 | Northgate Forest Phase | Community Association 09-07-18 | 127 Inc. v. Navjeel Cheema 2018-29702 | Carlos Howard v. Mark J. Mangrum 05-02-18 | 113 2018-27198 | Jamal Al-Zibdeh v. Texas Farmers Insurance 04-23-18 | 61 Company 2018-27432 | Jamal Al-Zibdeh v. Texas Farmers Insurance 04-23-18 | 129 Company 2018-14595 | The Estates ofNorthgate Forest If Community 03-05-18 | 11 Association Inc. v. Harvey Williams 2018-14250 | Woods ofNorthgate Forest Community Association 03-02-18 | 61 vy. Lincoln Murphy 2018-07689 | Ramona Scarlett v. Stonecraft Builders LLC 02-05-18 | 334 2018-06571 Disaster Relief Restoration and Mold Remediation 01-31-18 113 Inc. v. Northgate Country Club Management LLC 2015-56195 | West Park Collision Center Inc. v. Gulftech Engines | 09-21-15 | 215 Inc. Cause No. Style Date Date of Judgment District Filed or Dismissal Court 2017-79369 | Harris County v. Charles Rencher | 11-28-17 | 10-05-18 judgment | 190 2017-72067 | Anderson Restoration LLC v. 10-25-17 | 07-16-18 dismissed | 190 Russell McMurtrey (on Plaintiffs motion, Bazan's client) 2017-51428 | Anderson Restoration LLC v. 08-02-17 | 05-25-18 judgment | 269 Donna Poe (in favor of Plaintiff, Bazan's client)2017-51432 Anderson Restoration LLC v. 08-02-17 | 09-12-18 judgment | 151 Frank E. Rudzinski (in favor of Plaintiff, Bazan's client) 2016-76923 | Anderson Restoration LLC v. 11-07-16 | 03-31-17 judgment | 164 Hugo W. Iglesias Hugo (in favor of Plaintiff, Bazan's client - ongoing post-judgment collection) 2016-35383 | West Park Collision Center Inc. 05-30-16 | 07-20-18 dismissed | 152 v. Bronco Truck Salvage Inc (on Plaintiffs motion, Bazan's client) 2016-04438 | Abrhim Enshikar v.Ahmad Zaid 01-25-16 | 07-26-18 judgment | 281 denied after trial (in favor of Defendant, Bazan's client) 2015-51658 | Ocwen Loan Servicing LLC v. 09-02-15 | 03-21-17 agreed 133 Bryan Hopkins judgment 3. The handling of the rest of the cases can be easily explained as follows: Plaintiff and its counsel clearly want to make some kind of prejudicial showing that Nicolas M. Bazan is not sick, and able to fully work, by their misleading charts above. In fact, the opposite is true. Nicolas M. Bazan would show, that of the cases listed above as cited by the Plaintiff, Defendants attorney and Defendant Nicolas M. Bazan, has been forced, due to ill health (since July 2018 when his radiation treatment started) to withdraw from active representation in 20/8-29703, Carlos Howard vs. Mark Mangrum and 2018-06571, Disaster Relief vs Northgate. These cases are now being overseen by the law firm of Hoover Slovacek as attorney in charge. Nicolas M: Bazan would have withdrawn from active representation in 2018-27198 and 2018-27432, Jamal Al Zibdeh vs, Texas Farmers,but these cases were recently removed to an MDL, which is run day to day by MDL counsel. Of the rest, Northgate V Cheema, 2018-60809 was an emergency 1 hour TRO which was denied. 2018-14595, Estates of Northgate vs. Williams and 2018-14250, Woods of Northgate vs. Murphy are default actions which only require office practice, 2018-06571 Scarlett vs. Stonecrafi was mediated in March of 2018, unsuccessfully, with no active litigation planned on that case until after February 2019 and, most importantly, 20/5- 56195 WestPark vs. Gulfiech has been continued, by agreement of the defendant (unlike present opposing counsel, Vicki Hart) due to the severe ill health of Nicolas M. Bazan. Nicolas M. Bazan would state that because of his cancer, since the winter of 2017, he has kept in his employ 2 very experienced legal assistants, and a clerk to assist in the drafting of complex legal documents, such as the ones seen in this case, for oversight, review, alteration and approval by Nicolas M. Bazan, along with helping with the day to day operation of his firm. Nicolas M Bazan also attaches *(see below) the affidavit of Dr. Luis H Camacho as Exhibit “A” , which will state that it is his opinion that Nicolas M. Bazan is unable to try a case as a trial lawyer, or be a witness in the upcoming trial of this case on November 5, 2018. The affidavit will also reflect the vast spread of Nicolas M. Bazan’s cancer since June of 2018, which reflects new cancerous lesions in Nicolas M. Bazans’ body, SINCE June of 2018, on Mr. Bazans’ skull, humeri, scapula ribs, spine, bony pelvis, femurs and the left fibula. The cancer of Nicolas M. Bazan LITERALLY IS ALL OVER HIM, and runs from his legs to the top of his head. The attempts to minimize or belittle this serious condition by the Plaintiff in their various motions is outrageous and unprofessional.Nicolas M Bazan would also state that he is scheduled to begin chemotherapy on October 31, 2018. WHEREFORE, PREMISES CONSIDERED, Defendants pray that Defendants KOPPER FUNDING CORPORATION, NICOLAS M. BAZAN, P.C. and NICOLAS M. BAZAN's Fourth and/or Fifth Motion for Continuance be granted, and for such other and further relief that they are justly entitled to. e Dr. Camacho has stated that he will sign the affidavit. As of the filing of this motion, the affidavit has not been returned but will be filed upon receipt Respectfully submitted, Nicolas M. Bazan State Bar No. 01944600 14614 Falling Creek, Ste. 150 Houston, Texas 77068 (281) 444-3600 Telephone (281) 444-3670 Facsimile Email: notify@nmblaw.com Attorney for Kopper Funding Corporation Nicolas M. Bazan, P.C. and Nicolas M. Bazan, Indv. CERTIFICATE OF SERVICE I certify that on October 26th, 2018, a copy of the above styled motion has been served on the party listed below electronically. Via Electronic ServiceDonald L. Turbyfill Vicki W. Hart DEVLIN, NAYLOR & TURBYFILL, P.L.L.C. 5120 Woodway, Suite 900 Houston, Texas 77056-5825 Nicolas M. Bazan