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LAW OFFICES OF
NICOLAS M. BAZAN, P. C.
ATTORNEYS AT Law
14610 FALLING CREEK
HOUSTON, TEXAS 77068
NICOLAS M. BAZAN TELEPHONE (281) 444-3600
November 14, 2017 Fax (281) 444-3670
The Honorable Ursula A. Hall
165" District Court
Harris County Courthouse
201 Caroline, 12" Floor
Houston, Texas 77002
Re: — Cause No. 2016-86829; First Bank vs. Kopper Funding Corporation and Nicolas
M. Bazan, P.C.; In the 165" Judicial District of Harris County, Texas.
Dear Judge Hall:
I am writing this letter to you, with a copy to the attorneys for the Plaintiff, First Bank, to
express the immediate and necessary basis for the request for an emergency hearing on
Defendants’, Kopper Funding Corporation and Nicolas M. Bazan, P.C., “Second Amended Joint
Motion for Continuance of Plaintiff First Bank’s Second Final Summary Judgment” and the Final
Summary Judgment Hearing set for November 30, 2017.
Let me begin by informing you that the Defendants Kopper Funding Corporation and
Deféndant Nicolas M. Bazan, P.C. filed their respective Answers on February 28, 2017. The
discovery period does not end until April 14, 2018 as the trial is set for May 14, 2018. Each
Defendant requests this Court to allow each Defendant time to conduct discovery in this case.
On June 28, 2017 Defendants Kopper Funding Corporation and Nicolas M. Bazan, P.C.
served their Request for Production of Documents on Plaintiff First Bank. Plaintiff First Bank
responded on July 28, 2017 with objections to all requests and provided only 36 pages of
documents.
Defendants Kopper Funding Corporation and Nicolas M. Bazan, P.C. have sought all
records, file contents, statements, payment history, file notes, communications, and other
documents to determine the exact amounts paid concerning this loan history, as well as other items,
to determine if Defendants Kopper Funding Corporation and Nicolas M. Bazan, P.C. may
individually or collectively have affirmative defenses to the claims of Plaintiff First Bank which
may be evidenced in the files of Plaintiff. Defendants’ Request for Production is attached to
Defendants’ motion.The Honorable Ursula A. Hall
November 14, 2017
Page 2 of 3
On or about October 27, 2017, Plaintiff and Defendants participated in a telephone
conference regarding the disputes, objections and the items to be produced. As a result of that
telephone conference, Plaintiff would not negotiate Plaintiffs answers to the requests, and Ms,
Vicki Hart, attorney for Plaintiff, stated that she believed that the requests were irrelevant and that
Plaintiff was not going to produce any more documents.
This is a case surrounding a money debt, and there are presently no security issues, nor is
there a basis for Plaintiff to claim that it will be harmed by allowing Defendants Kopper Funding
Corporation and Defendant Nicolas M. Bazan, P.C. time to conduct discovery.
Additionally, on October 19, 2017, Mr. Bazan began chemo treatments with cabizitaxel
and was injected with Lupron. On October 26, 2017, Mr. Bazan was required to go to Memorial
Hermann Cancer Center to provide blood for chemical panels, await the blood testing results and
speak to medical personnel concerning the results, taking up most of the day. This procedure is
for the two Thursdays between chemotherapy infusions. The chemo therapy infusion dates require
blood testing, await the lab results, meet with the oncologist, after cleanse and proceed to the
infusion area to commence the two hour infusion. This does take a whole day. This is the schedule
for November 30, 2017, the date scheduled for the Motion for Summary Judgment hearing. Next,
on November 2, 2017, Mr. Bazan took another chemo treatment.
Since the hearing for consideration of Plaintiff's Motion for Final Summary Judgment is
set for November 30, 2017, the Texas Rules of Civil Procedure Rule 166(a)(c) require a response
to be filed on or before November 23, 2107, by Defendants Kopper Funding Corporation and
Nicolas M. Bazan, P.C, Defendants still seek all documents requested from Plaintiff First Bank.
In further support of the basis for the continuance, both Defendants have filed their
respective Motion to Compel.
As I have filed Defendants’, Kopper Funding Corporation and Nicolas M. Bazan, P.C.,
Second Amended Motion for Continuance and Emergency Hearing, I would ask the court to take
judicial notice of such motion.
On behalf of my clients, I respectively request you to grant an emergency hearing before
your Court on Friday, November 17, 2017, or on the Court’s earliest possible opening. Thank you.
Respgetixely submitted,
Nicolas M. Bazan
Attorney for Defendants, Kopper Funding
Corporation and Nicolas M. Bazan, P.C.
NMBitfThe Honorable Ursula A. Hall
November-14, 2017
Page 3 of 3
cc: Donald L. Turbyfill and Vicki W. Hart,
Attorneys for First Bank
Preview
LAW OFFICES OF NICOLAS M. BAZAN, P. C. ATTORNEYS AT Law 14610 FALLING CREEK HOUSTON, TEXAS 77068 NICOLAS M. BAZAN TELEPHONE (281) 444-3600 November 14, 2017 Fax (281) 444-3670 The Honorable Ursula A. Hall 165" District Court Harris County Courthouse 201 Caroline, 12" Floor Houston, Texas 77002 Re: — Cause No. 2016-86829; First Bank vs. Kopper Funding Corporation and Nicolas M. Bazan, P.C.; In the 165" Judicial District of Harris County, Texas. Dear Judge Hall: I am writing this letter to you, with a copy to the attorneys for the Plaintiff, First Bank, to express the immediate and necessary basis for the request for an emergency hearing on Defendants’, Kopper Funding Corporation and Nicolas M. Bazan, P.C., “Second Amended Joint Motion for Continuance of Plaintiff First Bank’s Second Final Summary Judgment” and the Final Summary Judgment Hearing set for November 30, 2017. Let me begin by informing you that the Defendants Kopper Funding Corporation and Deféndant Nicolas M. Bazan, P.C. filed their respective Answers on February 28, 2017. The discovery period does not end until April 14, 2018 as the trial is set for May 14, 2018. Each Defendant requests this Court to allow each Defendant time to conduct discovery in this case. On June 28, 2017 Defendants Kopper Funding Corporation and Nicolas M. Bazan, P.C. served their Request for Production of Documents on Plaintiff First Bank. Plaintiff First Bank responded on July 28, 2017 with objections to all requests and provided only 36 pages of documents. Defendants Kopper Funding Corporation and Nicolas M. Bazan, P.C. have sought all records, file contents, statements, payment history, file notes, communications, and other documents to determine the exact amounts paid concerning this loan history, as well as other items, to determine if Defendants Kopper Funding Corporation and Nicolas M. Bazan, P.C. may individually or collectively have affirmative defenses to the claims of Plaintiff First Bank which may be evidenced in the files of Plaintiff. Defendants’ Request for Production is attached to Defendants’ motion.The Honorable Ursula A. Hall November 14, 2017 Page 2 of 3 On or about October 27, 2017, Plaintiff and Defendants participated in a telephone conference regarding the disputes, objections and the items to be produced. As a result of that telephone conference, Plaintiff would not negotiate Plaintiffs answers to the requests, and Ms, Vicki Hart, attorney for Plaintiff, stated that she believed that the requests were irrelevant and that Plaintiff was not going to produce any more documents. This is a case surrounding a money debt, and there are presently no security issues, nor is there a basis for Plaintiff to claim that it will be harmed by allowing Defendants Kopper Funding Corporation and Defendant Nicolas M. Bazan, P.C. time to conduct discovery. Additionally, on October 19, 2017, Mr. Bazan began chemo treatments with cabizitaxel and was injected with Lupron. On October 26, 2017, Mr. Bazan was required to go to Memorial Hermann Cancer Center to provide blood for chemical panels, await the blood testing results and speak to medical personnel concerning the results, taking up most of the day. This procedure is for the two Thursdays between chemotherapy infusions. The chemo therapy infusion dates require blood testing, await the lab results, meet with the oncologist, after cleanse and proceed to the infusion area to commence the two hour infusion. This does take a whole day. This is the schedule for November 30, 2017, the date scheduled for the Motion for Summary Judgment hearing. Next, on November 2, 2017, Mr. Bazan took another chemo treatment. Since the hearing for consideration of Plaintiff's Motion for Final Summary Judgment is set for November 30, 2017, the Texas Rules of Civil Procedure Rule 166(a)(c) require a response to be filed on or before November 23, 2107, by Defendants Kopper Funding Corporation and Nicolas M. Bazan, P.C, Defendants still seek all documents requested from Plaintiff First Bank. In further support of the basis for the continuance, both Defendants have filed their respective Motion to Compel. As I have filed Defendants’, Kopper Funding Corporation and Nicolas M. Bazan, P.C., Second Amended Motion for Continuance and Emergency Hearing, I would ask the court to take judicial notice of such motion. On behalf of my clients, I respectively request you to grant an emergency hearing before your Court on Friday, November 17, 2017, or on the Court’s earliest possible opening. Thank you. Respgetixely submitted, Nicolas M. Bazan Attorney for Defendants, Kopper Funding Corporation and Nicolas M. Bazan, P.C. NMBitfThe Honorable Ursula A. Hall November-14, 2017 Page 3 of 3 cc: Donald L. Turbyfill and Vicki W. Hart, Attorneys for First Bank