Preview
Filed
8/25/2020 5:27 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Sabrina Schiro
Cause No. 20-DCV-275551
CAPITAL PLASTICS INT’L INC. and IN THE DISTRICT COURT
ELEMENT PLASTICS MFG, LLC,
Plaintiff
FORT BEND COUNTY, TEXAS
v. §
WENDY QUAN, SIMON HOANG, and
PRECISION FOOD SUPPLY, LLC,
Defendant 400T JUDICIAL DISTRICT COURT
DEFENDANTS’ MOTION TO STRIKE UNVERIFIED MOTION FOR CONTINUANCE
Now comes WENDY QUAN, SIMON HOANG, and PRECISION FOOD SUPPLY, LLC
(hereinafter Defendants”), defendants in the above-entitled and numbered cause, and file this
Motion to Strike Plaintiffs’ Unverified Opposed Motion for Continuance, and would show the
Court:
FACTS
1 On or about August 6, 2020 Plaintiffs’ filed their Verified Original Petition,
Application for Temporary Restraining Order and Temporary and Permanent Injunction, and
Request for Disclosures.
2. This petition contained outright falsehoods, a perjurious affidavit, and was obtained
ex parte, when counsel knew that Defense counsel represented the Defendants in multiple strike
suits filed by Capital Plastics International, Inc., after Defendants had sued Capital Plastics
International, Inc., as over $5.3 million had gone unaccounted for in that company.
3 The Court granted Plaintiffs’ ex parte Temporary Restraining Order on August 6,
2020 and set the hearing Plaintiffs’ Application for Temporary Injunction August 17, 2020. The
breadth of the TRO was stunning. Not only was it not narrowly tailored, in any respect, it
completely prevented Defendants from doing business anywhere in the state of Texas.
Page 1 of 5
4 The TRO order (since expired) was overly broad and failed to satisfy the procedural
requirements of an injunction in Texas, and was undoubtedly prompted by a perjurious affidavit,
and undisclosed information, which was in Plaintiffs’ counsel’s possession, as counsel for Capital
Plastics International, Inc. and its manufacturing sister company, Element Plastics Mfg., LLC — in
fact, in the related case, Capital Plastics International, Inc. disclosed documents and
information that directly contradict the sworn affidavit of its corporate officer, Harmony Quan,
the verified petition of her sister, Melody Quan, and seriously questions the good faith
investigation conducted by counsel for Capital Plastics International, Inc. prior to filing this action.
5 What the Court may not know is the background of this family fight between the
Quan siblings, Jeff and Wendy, and Jeff Quan’s daughters, Melody and Harmony against their
aunt, uncle, and cousin, the Defendants. In fact, this lawsuit is in response to a $5.3 million claim
filed by Defendants and other shareholders against the Quan sisters and their father, Jeff Quan, for
allegedly taking that money (or disappearing money) out of the coffers of Capital Plastics, Inc. and
Element Plastics, LLC. The fraud was discovered by inadvertently produced documents by
opposing counsel, and will most likely be the subject of a mandamus for corporate records and, if
necessary, an application for receivership of those entities.
6 On August 17, 2020, the Court notified the Parties that the hearing on Plaintiffs’
Application for Temporary Injunction needed to be postponed due to the judge feeling ill.
7 On August 20, 2020, the TRO expired as per the Court’s order and Texas law.
8 As of that date, there was no TRO in place. And there was no agreement to extend
the TRO.
Page 2 of 5
9 Plaintiffs’ Application for Temporary Injunction was reset for hearing on August
26, 2020. Defense counsel and Defendants already altered summer plans to defend the fraudulent
application for injunction filed by Plaintiff.
10. On or about August 25, 2020, Plaintiffs filed Plaintiff's Opposed Emergency
Motion for Continuance and Motion to Extend Temporary Restraining Order.
DE Oddly, there is nothing to continue. There is no TRO, and the application is not
verified. The motion for continuance is procedural non-sense. And Plaintiff must now put on
evidence to substantiate their baseless assertions, and subject the Quan cabal to cross examination,
during which Defendants believe they will show this Court that perjurious documents and
misleading statements were foisted on this honorable tribunal.
ARGUMENTS IN SUPPORT OF STRIKING
UNVERIFIED MOTION FOR CONTINUANCE
12. Regardless of the improper — now expired — TRO, the Motion for Continuance also
fails to satisfy the minimum threshold of the Texas Rules.
13. Pursuant to Texas Rules of Civil Procedure Rule 251, no application for
continuance may be granted “except for sufficient cause supported by affidavit...”. Plaintiff did
not file an affidavit with its Opposed Emergency Motion for Continuance, and has not sworn to
any good cause. Accordingly, the Court should strike Plaintiffs’ Opposed Emergency Motion for
Continuance and remove it from the record.
14. While Defendants are sympathetic to anyone who may have come in contact with
COVID-19, it is not a basis to recreate an expired TRO. They have an option to reset the TI hearing
in person, or ask the Court to hear the TI via videoconference and present evidence on whether it
even remotely qualifies.
Page 3 of 5
15. Furthermore, pursuant to Texas Rules of Civil Procedure Rule 680, a Temporary
Restraining Order “shall expire by its terms within such time after signing, not to exceed fourteen
days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended
for a like period or unless the party against whom the order is directed consents that it may be
extended for a longer period”. Plaintiffs’ Temporary Restraining Order expired on August 20,
2020, fourteen days after it was granted. Plaintiffs failed to show good cause to extend for the like
period and Defendants have not consented to its extension. Accordingly, the Court should Strike
Plaintiffs’ Motion to Extend Temporary Restraining Order.
16. Finally, defense counsel requests is that the TI be heard after September 11, 2020,
as he will be on a long planned motorcycle road trip through the Eastern United States (which was
already altered once for this hearing), and then to Orange County, California as his children (may)
begin High School in person.
PRAYER
Defendants’ pray the Court strike Plaintiffs’ Opposed Emergency Motion for Continuance
and Motion to Extend Temporary Restraining Order, set the TI hearing sometime after September
11, 2020, and such other and further relief, in law and in equity, as Defendants may show
themselves to be justly entitled.
Respectfully submitted:
THE VETHAN LAw FirM, P.C.
By: /s/ Charter VAhan
Charles M.R. Vethan
Texas Bar No. 00791852
Jens Sandberg
Texas Bar No. 24105252
Two Memorial City Plaza
820 Gessner, Suite 1510
Houston, Texas 77024
Page 4 of 5
Telephone: (713) 526-2222
Facsimile: (713) 526-2230
Email: edocs@vwtexlaw.com
Attorneys for Wendy Quan, Simon Hoang,
and Precision Food Supply, LLC
CERTIFICATE OF SERVICE
The undersigned attorney certifies that on August 25, 2020, a true and correct copy of
Defendant’s Original Answer was served to each attorney of record and/or pro se party listed below
according to the Texas Rules of Civil Procedure.
Lionel Martin Via E-File
Texas Bar No. 24037032
Email: Imartin@mgmartinlaw.com
10701 Corporate Drive, Suite 350
Stafford, Texas 77477
Telephone (281) 277-3066
Facsimile (281) 277-3067
Email: Imartin@mgmartinlaw.com
Attorney for Plaintiffs
Capital Plastics Int’l Inc., and
Element Plastics MFG, LLC
By: /s/ Charter Vlhon
Charles M.R. Vethan
Page 5 of 5
Preview
Filed 8/25/2020 5:27 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Sabrina Schiro Cause No. 20-DCV-275551 CAPITAL PLASTICS INT’L INC. and IN THE DISTRICT COURT ELEMENT PLASTICS MFG, LLC, Plaintiff FORT BEND COUNTY, TEXAS v. § WENDY QUAN, SIMON HOANG, and PRECISION FOOD SUPPLY, LLC, Defendant 400T JUDICIAL DISTRICT COURT DEFENDANTS’ MOTION TO STRIKE UNVERIFIED MOTION FOR CONTINUANCE Now comes WENDY QUAN, SIMON HOANG, and PRECISION FOOD SUPPLY, LLC (hereinafter Defendants”), defendants in the above-entitled and numbered cause, and file this Motion to Strike Plaintiffs’ Unverified Opposed Motion for Continuance, and would show the Court: FACTS 1 On or about August 6, 2020 Plaintiffs’ filed their Verified Original Petition, Application for Temporary Restraining Order and Temporary and Permanent Injunction, and Request for Disclosures. 2. This petition contained outright falsehoods, a perjurious affidavit, and was obtained ex parte, when counsel knew that Defense counsel represented the Defendants in multiple strike suits filed by Capital Plastics International, Inc., after Defendants had sued Capital Plastics International, Inc., as over $5.3 million had gone unaccounted for in that company. 3 The Court granted Plaintiffs’ ex parte Temporary Restraining Order on August 6, 2020 and set the hearing Plaintiffs’ Application for Temporary Injunction August 17, 2020. The breadth of the TRO was stunning. Not only was it not narrowly tailored, in any respect, it completely prevented Defendants from doing business anywhere in the state of Texas. Page 1 of 5 4 The TRO order (since expired) was overly broad and failed to satisfy the procedural requirements of an injunction in Texas, and was undoubtedly prompted by a perjurious affidavit, and undisclosed information, which was in Plaintiffs’ counsel’s possession, as counsel for Capital Plastics International, Inc. and its manufacturing sister company, Element Plastics Mfg., LLC — in fact, in the related case, Capital Plastics International, Inc. disclosed documents and information that directly contradict the sworn affidavit of its corporate officer, Harmony Quan, the verified petition of her sister, Melody Quan, and seriously questions the good faith investigation conducted by counsel for Capital Plastics International, Inc. prior to filing this action. 5 What the Court may not know is the background of this family fight between the Quan siblings, Jeff and Wendy, and Jeff Quan’s daughters, Melody and Harmony against their aunt, uncle, and cousin, the Defendants. In fact, this lawsuit is in response to a $5.3 million claim filed by Defendants and other shareholders against the Quan sisters and their father, Jeff Quan, for allegedly taking that money (or disappearing money) out of the coffers of Capital Plastics, Inc. and Element Plastics, LLC. The fraud was discovered by inadvertently produced documents by opposing counsel, and will most likely be the subject of a mandamus for corporate records and, if necessary, an application for receivership of those entities. 6 On August 17, 2020, the Court notified the Parties that the hearing on Plaintiffs’ Application for Temporary Injunction needed to be postponed due to the judge feeling ill. 7 On August 20, 2020, the TRO expired as per the Court’s order and Texas law. 8 As of that date, there was no TRO in place. And there was no agreement to extend the TRO. Page 2 of 5 9 Plaintiffs’ Application for Temporary Injunction was reset for hearing on August 26, 2020. Defense counsel and Defendants already altered summer plans to defend the fraudulent application for injunction filed by Plaintiff. 10. On or about August 25, 2020, Plaintiffs filed Plaintiff's Opposed Emergency Motion for Continuance and Motion to Extend Temporary Restraining Order. DE Oddly, there is nothing to continue. There is no TRO, and the application is not verified. The motion for continuance is procedural non-sense. And Plaintiff must now put on evidence to substantiate their baseless assertions, and subject the Quan cabal to cross examination, during which Defendants believe they will show this Court that perjurious documents and misleading statements were foisted on this honorable tribunal. ARGUMENTS IN SUPPORT OF STRIKING UNVERIFIED MOTION FOR CONTINUANCE 12. Regardless of the improper — now expired — TRO, the Motion for Continuance also fails to satisfy the minimum threshold of the Texas Rules. 13. Pursuant to Texas Rules of Civil Procedure Rule 251, no application for continuance may be granted “except for sufficient cause supported by affidavit...”. Plaintiff did not file an affidavit with its Opposed Emergency Motion for Continuance, and has not sworn to any good cause. Accordingly, the Court should strike Plaintiffs’ Opposed Emergency Motion for Continuance and remove it from the record. 14. While Defendants are sympathetic to anyone who may have come in contact with COVID-19, it is not a basis to recreate an expired TRO. They have an option to reset the TI hearing in person, or ask the Court to hear the TI via videoconference and present evidence on whether it even remotely qualifies. Page 3 of 5 15. Furthermore, pursuant to Texas Rules of Civil Procedure Rule 680, a Temporary Restraining Order “shall expire by its terms within such time after signing, not to exceed fourteen days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period”. Plaintiffs’ Temporary Restraining Order expired on August 20, 2020, fourteen days after it was granted. Plaintiffs failed to show good cause to extend for the like period and Defendants have not consented to its extension. Accordingly, the Court should Strike Plaintiffs’ Motion to Extend Temporary Restraining Order. 16. Finally, defense counsel requests is that the TI be heard after September 11, 2020, as he will be on a long planned motorcycle road trip through the Eastern United States (which was already altered once for this hearing), and then to Orange County, California as his children (may) begin High School in person. PRAYER Defendants’ pray the Court strike Plaintiffs’ Opposed Emergency Motion for Continuance and Motion to Extend Temporary Restraining Order, set the TI hearing sometime after September 11, 2020, and such other and further relief, in law and in equity, as Defendants may show themselves to be justly entitled. Respectfully submitted: THE VETHAN LAw FirM, P.C. By: /s/ Charter VAhan Charles M.R. Vethan Texas Bar No. 00791852 Jens Sandberg Texas Bar No. 24105252 Two Memorial City Plaza 820 Gessner, Suite 1510 Houston, Texas 77024 Page 4 of 5 Telephone: (713) 526-2222 Facsimile: (713) 526-2230 Email: edocs@vwtexlaw.com Attorneys for Wendy Quan, Simon Hoang, and Precision Food Supply, LLC CERTIFICATE OF SERVICE The undersigned attorney certifies that on August 25, 2020, a true and correct copy of Defendant’s Original Answer was served to each attorney of record and/or pro se party listed below according to the Texas Rules of Civil Procedure. Lionel Martin Via E-File Texas Bar No. 24037032 Email: Imartin@mgmartinlaw.com 10701 Corporate Drive, Suite 350 Stafford, Texas 77477 Telephone (281) 277-3066 Facsimile (281) 277-3067 Email: Imartin@mgmartinlaw.com Attorney for Plaintiffs Capital Plastics Int’l Inc., and Element Plastics MFG, LLC By: /s/ Charter Vlhon Charles M.R. Vethan Page 5 of 5