Preview
FILED
3/27/2023 9:23 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Christi Undewvood DEPUTY
DC-23-0431 2
CAUSE NO.
VOX FUNDING, LLC, § IN THE DISTRICT COURT\
§
PLAINTIFF, §
§
44th
V. §
§ JUDICIAL DISTRICT
LIFEPOINTE HOSPICE DALLAS §
METROPLEX, LLC AND VIRGINIA §
ROSS JOHNSON, §
§
DEFENDANTS. § DALLAS COUNTY, TEXAS
PLAINTIFF 'S ORIGINAL PETITION TO ENFORCE FOREIGN JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Vox Funding, LLC, and files this, its Petition for Enforcement of Foreign
Judgment in accordance with the Uniform Enforcement of Foreign Judgments Act against
Lifepointe Hospice Dallas Metroplex, LLC and Virginia Ross Johnson and would respectfully
show unto the Court as follows:
I. DISCOVERY-CONTROL PLAN
l. Vox Funding, LLC intends to conduct discovery under Level 2 pursuant to the
provisions of Rule 190.3 of the Texas Rules of Civil Procedure. See Tex. R. CiV. P. 190.1 and
190.3.
H. CLAIM FOR RELIEF
2. Vox Funding, LLC alleges the damages sought are within the Court's subj ect-matter
jurisdiction. Tex. R. Civ. P. 47(b).
3. Vox Funding, LLC seeks monetary damages amounting to $250,000 or less in
addition to non-monetary damages. See Tex. R. Civ. P. 47(c)(2).
PLAINTIFF'S ORIGINAL PETITION TO ENFORCE FOREIGN JUDGMENT Page 1
3470763 Vl-28000/0043 DOCX
III. PARTIES AND SERVICE OF CITATION
4. Vox Funding, LLC is a limited liability company doing business in Dallas County,
Texas.
5. Lifepointe Hospice Dallas Metroplex, LLC, located at 12810 Hillcrest Road, B127,
Dallas, TX 75230, Whose registered agent is Virginia Ross Johnson, who can be served at 12425
Island Drive, Tomball, TX 77377.
6. Virginia Ross Johnson is an individual residing at 12425 Island Drive, Tomball,
TX 77377, and can be served with process at that address.
IV. JURISDICTION
8. The Court has subject-matter jurisdiction over the lawsuit because the amount in
controversy exceeds the Court's minimum requirements.
V. VENUE
9. Venue is proper in Dallas County, Texas, because this suit is brought pursuant to a
contractual obligation based on a consumer transaction and venue is either: (1) the county Where
the contract was signed; or (2) where Johnson resides, or where Lifepointe Hospice Dallas
Metroplex, LLC maintains its principal places of business when the suit is commenced. Tex. Civ.
Prac. & Rem. Code § 15.035(b). 15.002(a)(1).
V. CAUSES 0F ACTION
10. On or about January l8, 2023, in the Supreme Court of the State of New York,
County of Nassau, Vox Funding, LLC obtained a Judgment against Lifepointe Hospice Dallas
Metroplex, LLC and Virginia Ross Johnson in the amount of $124,463.13, which includes
$121,800.23, pre-Judgment interest from May 23, 2022, in the amount of $7,207.90, and $455.00
in costs.
11. The current balance on the Judgment is $124,463.13.
PLAINTIFF'S ORIGINAL PETITION TO ENFORCE FOREIGN JUDGMENT Page 2
3470763 vl-28000/0043 DOCX
VI. CONDITIONS PRECEDENT
12. A11 conditions precedent to Poser’s claims have been performed or have occurred.
VII. CONCLUSION AND PRAYER
WHEREFORE, PREMISES CONSIDERED, Vox Funding, LLC respectfully requests
that the authenticated and certified copy of the Judgment be filed and domesticated, so that the
Judgment have the same force and effect as if the Judgment had been rendered in the State of
Texas. Vox Funding, LLC. requests such other relief the Court might deemed appropriate.
Respectfiilly submitted,
GODWINBOWMAN PC
/s/ Sidney Scheinberg
Sidney H. Scheinberg
State Bar No. 17736620
SScheinberg@GodwinBowmancom
Mollie G. Rush
State Bar No. 24128630
MRush@GodwinBowman.com
500 N. Akard, Suite 1100
Dallas, Texas 75201
Ph: 214.939.4501
Fax: 214.527.3106
ATTORNEYS FOR PLAINTIFF
PLAINTIFF'S ORIGINAL PETITION TO ENFORCE FOREIGN JUDGMENT Page 3
3470763 V1-28000/0043 DOCX
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Tiffany Smith on behalf of Sidney Scheinberg
Bar No. 17736620
TSmith@GodwinBowman.com
Envelope ID: 74204286
Filing Code Description: Original Petition
Filing Description: NOTICE OF FILING FOREIGN JUDGMENT
Status as of 4/5/2023 8:52 AM CST
Associated Case Party: VOX FUNDING LLC
Name BarNumber Email TimestampSubmitted Status
Mollie GRush MRush@GodwinBowman.com 3/31/2023 9:29:04 AM SENT
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FILED 3/27/2023 9:23 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Christi Undewvood DEPUTY DC-23-0431 2 CAUSE NO. VOX FUNDING, LLC, § IN THE DISTRICT COURT\ § PLAINTIFF, § § 44th V. § § JUDICIAL DISTRICT LIFEPOINTE HOSPICE DALLAS § METROPLEX, LLC AND VIRGINIA § ROSS JOHNSON, § § DEFENDANTS. § DALLAS COUNTY, TEXAS PLAINTIFF 'S ORIGINAL PETITION TO ENFORCE FOREIGN JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Vox Funding, LLC, and files this, its Petition for Enforcement of Foreign Judgment in accordance with the Uniform Enforcement of Foreign Judgments Act against Lifepointe Hospice Dallas Metroplex, LLC and Virginia Ross Johnson and would respectfully show unto the Court as follows: I. DISCOVERY-CONTROL PLAN l. Vox Funding, LLC intends to conduct discovery under Level 2 pursuant to the provisions of Rule 190.3 of the Texas Rules of Civil Procedure. See Tex. R. CiV. P. 190.1 and 190.3. H. CLAIM FOR RELIEF 2. Vox Funding, LLC alleges the damages sought are within the Court's subj ect-matter jurisdiction. Tex. R. Civ. P. 47(b). 3. Vox Funding, LLC seeks monetary damages amounting to $250,000 or less in addition to non-monetary damages. See Tex. R. Civ. P. 47(c)(2). PLAINTIFF'S ORIGINAL PETITION TO ENFORCE FOREIGN JUDGMENT Page 1 3470763 Vl-28000/0043 DOCX III. PARTIES AND SERVICE OF CITATION 4. Vox Funding, LLC is a limited liability company doing business in Dallas County, Texas. 5. Lifepointe Hospice Dallas Metroplex, LLC, located at 12810 Hillcrest Road, B127, Dallas, TX 75230, Whose registered agent is Virginia Ross Johnson, who can be served at 12425 Island Drive, Tomball, TX 77377. 6. Virginia Ross Johnson is an individual residing at 12425 Island Drive, Tomball, TX 77377, and can be served with process at that address. IV. JURISDICTION 8. The Court has subject-matter jurisdiction over the lawsuit because the amount in controversy exceeds the Court's minimum requirements. V. VENUE 9. Venue is proper in Dallas County, Texas, because this suit is brought pursuant to a contractual obligation based on a consumer transaction and venue is either: (1) the county Where the contract was signed; or (2) where Johnson resides, or where Lifepointe Hospice Dallas Metroplex, LLC maintains its principal places of business when the suit is commenced. Tex. Civ. Prac. & Rem. Code § 15.035(b). 15.002(a)(1). V. CAUSES 0F ACTION 10. On or about January l8, 2023, in the Supreme Court of the State of New York, County of Nassau, Vox Funding, LLC obtained a Judgment against Lifepointe Hospice Dallas Metroplex, LLC and Virginia Ross Johnson in the amount of $124,463.13, which includes $121,800.23, pre-Judgment interest from May 23, 2022, in the amount of $7,207.90, and $455.00 in costs. 11. The current balance on the Judgment is $124,463.13. PLAINTIFF'S ORIGINAL PETITION TO ENFORCE FOREIGN JUDGMENT Page 2 3470763 vl-28000/0043 DOCX VI. CONDITIONS PRECEDENT 12. A11 conditions precedent to Poser’s claims have been performed or have occurred. VII. CONCLUSION AND PRAYER WHEREFORE, PREMISES CONSIDERED, Vox Funding, LLC respectfully requests that the authenticated and certified copy of the Judgment be filed and domesticated, so that the Judgment have the same force and effect as if the Judgment had been rendered in the State of Texas. Vox Funding, LLC. requests such other relief the Court might deemed appropriate. Respectfiilly submitted, GODWINBOWMAN PC /s/ Sidney Scheinberg Sidney H. Scheinberg State Bar No. 17736620 SScheinberg@GodwinBowmancom Mollie G. Rush State Bar No. 24128630 MRush@GodwinBowman.com 500 N. Akard, Suite 1100 Dallas, Texas 75201 Ph: 214.939.4501 Fax: 214.527.3106 ATTORNEYS FOR PLAINTIFF PLAINTIFF'S ORIGINAL PETITION TO ENFORCE FOREIGN JUDGMENT Page 3 3470763 V1-28000/0043 DOCX Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Tiffany Smith on behalf of Sidney Scheinberg Bar No. 17736620 TSmith@GodwinBowman.com Envelope ID: 74204286 Filing Code Description: Original Petition Filing Description: NOTICE OF FILING FOREIGN JUDGMENT Status as of 4/5/2023 8:52 AM CST Associated Case Party: VOX FUNDING LLC Name BarNumber Email TimestampSubmitted Status Mollie GRush MRush@GodwinBowman.com 3/31/2023 9:29:04 AM SENT