Preview
No. 23-DCV-301138
FIONUALA M. KNESE, § IN THE DISTRICT COURT OF
as Independent Executor of the Estate of
CHRISTINA MARY HEYNE, Deceased §
§ FORT BEND COUNTY, TEXAS
vs §
§
MICHAEL KENNETH WYSE 240" JUDICIAL DISTRICT
PLAINTIFF’S MOTION TO COMPEL AND REQUEST FOR SANCTIONS
Plaintiff, FONUALA M. KNESE, as Independent Executor of the Estate of CHRISTINA
MARY HEYNE, Deceased, files this her Motion to Compel a nd Request for Sanctions and
shows:
1 On March 6, 2023, Defendant filed his Original Answer to Plaintiff's Original
Petition for Declaratory Relief, thereby making his initial required disclosure responses under
T.R.C.P. 194.2(a) due on April 5, 2023.
2. Additionally, Plaintiff served Defendant with Plaintiff's Request for Production
and Inspection and First Set of Interrogatories on April 19, 2023, making Defendant’s objections
and responses to same due on or before May 22, 2023.
3. To date, Plaintiff has received no disclosure responses from Defendant, and has
received no objections or responses to her Request for Production or First Set of Interrogatories
to Defendant.
4 This case has been on file since February 9, 2023. Plaintiff
can not move this
matter forward without Defendant complying with the above discovery requests. Plaintiff
requests a hearing on this Motion to Compel and, upon hearing, that the Court compel Defendant
to fully comply with the outstanding discovery requests. In the alternative, Plaintiff requests this
motion be set by submission, and that this Court grant the relief requested by Plaintiff.
5 Resolution Attempted. Efforts to resolve these matters without Court
intervention have been attempted, but were unsuccessful. Plaintiff has sent follow up letters on
April 24, 2023 and on June 26, 2023 inquiring as to status of such responses. (See Exhibits A
and B, respectively). Additionally, Plaintiffs counsel left message with Defendant’s counsel
regarding these issues on April 24, 2023.
6. Request for Sanctions. Plaintiff also requests that this Court enter sanctions
against Defendant, ordering him to pay reasonable expenses incurred because of his failure to
respond to appropriate discovery requests, including costs and reasonable attorney fees in the
amount of $1,500, as provided by Rule 215.2(b)(8), T.R.Civ.P. See Affidavit of Michael P. Von
Blon, attorney for Plaintiff, attached hereto as Exhibit C and incorporated for all purposes.
Plaintiff, FONUALA M. KNESE, as Independent Executor of the Estate of CHRISTINA
MARY HEYNE, Deceased, prays that the Court grant this Motion and order Defendant to
respond fully to all discovery requests outstanding and to produce respond to the TRCP 194
initial disclosure responses, Plaintiff's First Set of Interrogatories and to produce all documents
responsive to the requests propounded to Defendant, and for such other and further relief to
which she may be justly entitled.
RESPECTFULLY SUBMITTED,
BE
y 2W MICHAEL P. VON BLON
MICHAEL’P. VON BLON
State Bar No. 20612000
main@michaelvonblon.com
ATTORNEY FOR PLAINTIFF
1231 Antoine
Houston, Texas 77055
(713) 681-5288
CERTIFICATE OF SERVICE
[ hereby certify that on Jul 6 2023, a true and correct copy of the foregoing
Plaintiff's Motion to Compel sand Request for Sanctions were served on:
Jeremy B. DuCote
1650 Hwy. 6, Suite 420
Sugar Land, Texas 77478
Via email: jeremy@loveducotelaw.com
Ars
IMICHABL P.. VON BLON
LAW OFFICE OF MICHAEL P. VON BLON
1231 Antoine Drive Houston, Texas 77055
Telephone : (713) 681-5288
Email: Main@michaelvonblon.com
Michael P. Von Blon Shelia Robinson, Paralegal
Board Certified - Family Law Shelia@michaelvonblon.com
Texas Board of Legal Specialization
Fellow-American Academy of
Matrimonial Lawyers
April 24, 2023
Jeremy B. DuCote
1650 Hwy 6, Suite 420
Sugar Land, Texas 77478
via Email: jeremy@loveducotelaw.com
Re. Fluor Corporations $/P and Trust Fund interest awarded to Cristina Mary
Wyse in Cause No, 50.350; In the Matter of the Marriage of Cristina Mary Wyse and
Michael Kenneth Wyse; in the 328" District Court, Fort end County, Texas
Dear Jeremy:
Please see attached Request for Production and Interrogatories. Additionally, your
client’s initial disclosure responses under Rule 194, TRCP, were due April 5, 2023,
Please advise as to when might receive his responses, so | can avoid filing a motion
to compel.
Lastly, my office has emailed you several times to discuss scheduling mediation
prior to conducting a lot of discovery. Apparently by your client’s silence, he is not
interested in doing so, Hence, my sending the attached discovery. Once | receive his
disclosure responses and the responses to the attached discovery, I would like to depose
him, and schedule mediation. Please provide me dates in early June for his deposition,
and names of three mediators that you are agreeable to utilizing so I can check their
availability in late June.
If you would like to discuss any of this, please call. Thank you.
Sice
ike Von Blon
Eqhbrt Al
LAW OFFICE OF MICHAEL P. VON BLON
1231 Antoine Drive Houston, Texas 77055
Telephone : (713) 681-5288
Email: Main@michaelvonblon.com
Michael P. Von Blon Shelia Robinson, Paralegal
Board Certified - Family Law helia@michaelvonblon.com
Texas Board of Legal Specialization
Fellow-American Academy of
Matrimonial Lawyers
June 26, 2023
Jeremy B. DuCote
1650 Hwy 6, Suite 420
Sugar Land, Texas 77478
via Email: jeremy@loveducotelaw.com
Re. Fluor Corporations S/P and Trust Fund interest awarded to Cristina Mary
Wyse in Cause No. 50.350; In the Matter of the Marriage of Cristina Mary Wyse and
Michael Kenneth Wyse; in the 328" District Court, Fort end County, Texas
Dear Jeremy:
Back on April 24, 2023 I sent you Request for Production and Interrogatories. |
also inquired in that letter dated April 24, 2023 as to the status of your client sending his
disclosure responses which were due April 5, 2023.
As of today’s date, I have received no disclosure responses, and no responses to
the Interrogatories and Request for Production sent on April 24, 2023. Please be advised
that if | don’t receive each of the three by end of business, June 28, 2023, I will be filing a
Motion to Compel and Request for Sanctions. My patience in trying to be flexible has
run out. This delay and lack of response can not be tolerated any longer.
Lastly, my office inquired back on April 24, 2023 in the above referenced letter
and has emailed you several times about scheduling mediation prior to conducting a lot of
discovery. Apparently by your client’s silence, he is not interested in doing so.
Once I receive his disclosure responses and the responses to the attached
discovery, | would like to depose him, and schedule mediation. Please provide me dates
in early August for his deposition, and names of three mediators that you are agreeable to
utilizing so I can check their availability in late August.
If you would like to discuss any of this, please call. Thank you.
Mike Von lon
Exwbit %
No. 23-DCV-301138
FIONUALA M. KNESE, IN THE DISTRICT COURT OF
as Independent Executor of the Estate of
CHRISTINA MARY HEYNE, Deceased
FORT BEND COUNTY, TEXAS
VS
MICHAEL KENNETH WYSE § 240" JUDICIAL DISTRICT
PROOF OF VON BLON’S ATTORNEY’S FEES, COSTS,
AND EXPENSES FOR REPRESENTATION OF Plaintiff, FIONUALA M.
KNESE, as Independent Executor of the Estate of CHRISTINA MARY HEYNE,
Deceased ON RESPONDENT’S MOTION TO COMPEL DISCOVERY
Before me, the undersigned authority, on this day personally appeared Michael P. Von
Blon of the Law Office of Michael P. Von Blon, who did state:
"My name is Michael P. Von Blon. I am an attorney licensed to practice law by the
Supreme Court of the State of Texas. I have been practicing law since October 1981 and
specialize in family law. I am board certified, in the area of family law, by the Texas Board of
Legal Specialization. I am a fellow in the American Academy of Matrimonial Lawyers. My
license to practice law is current and in effect; and my license to practice law has never been
suspended or revoked. It was necessary for my client, Plaintiff, FTONUALA M. KNESE, as
Independent Executor of the Estate of CHRISTINA MARY HEYNE, Deceased, to retain
the Law Offices of Michael P. Von Blon, to represent her in connection with Plaintiff's Motion
to Compel and Request for Sanctions, as well as paralegals and legal assistants to work on this
case. My experience in the practice of law, as a family law attorney is attached hereto as Exhibit
C-1. The services contracted for by Plaintiff, FIONUALA M. KNESE, as Independent
Executor of the Estate of CHRISTINA MARY HEYNE, Deceased, which provides my
reasonable fees and the reasonable fees for paralegals and legal assistants who have the
experience which justifies their hourly rates (as well as expenses), is as follows:
March 17, 2023-I attempted to call counsel for Defendant (left a message to call)
March 29, 2023-I attempted to call counsel for Defendant (left a message to call)
April 24, 2023-1 attempted to call (left message) and then dictated a letter to counsel for
Defendant, setting forth the discovery deficiencies, and requesting resolution of such
deficiencies (Exhibit A).
June 26, 2023-I dictated a second letter to counsel for Defendant, setting forth the
discovery deficiencies, and requesting resolution of such deficiencies (Exhibit B).
June 27, 2023-I dictated this Motion and affidavit, incurring 1.3 hours time
My hourly rate which my client contracted with me for my services in this matter is $400
per hour. To date, I have incurred a total of 3.3 hours, which total $1320.
Exh br (
The hourly rates are reasonable, necessary and customary for fees charged in this family
law matter. The factors considered for determining the reasonableness and necessity for
attorney's fees, costs and expenses are:
1 time and labor required, the novelty and difficulty of the questions involved and
the skill required to perform the legal services properly;
2 the likelihood, which was made apparent to the client, that the acceptance of a
particular employment made the basis of this claim would preclude other
employment by the Law Offices of Michael P. Von Blon;
the fees customarily charged in the locality for similar legal services for the
complexity of the issues raised, argued and pursued;
the fees customarily charged in the locality for similar services for the amount of
money involved and the issues in the suit resolved or to be resolved;
the time limitations imposed by the client or by the circumstances;
the nature and length of the professional relationship with the client; and
the experience, reputation and ability of the lawyer or lawyers performing the
services for the client. Rule 1.04 Texas Rules of Professional Conduct.
The legal assistant assigned to this case:
is qualified by experience and training to perform the services in question; and
the work done by the legal assistant was supervised by an attorney; and
the task performed by the legal assistant was one traditionally done by an attorney;
and
the services performed by the legal assistant was reasonable and necessary and for
the benefit of the client... Tex. Civ. Prac. & Rem. Code §38.004.
In my opinion, the reasonable value of attorney's fees, costs and expenses reasonably and
necessarily incurred by my client in prosecution of her Respondent’s Motion to Compel and
Request for Sanctions is $1320.
Additionally, I am the custodian of business records and am a person with knowledge of
the filing system. The records attached hereto were made in the ordinary course of business and
were made at or near the time of the event or service therein stated. It is in the regular course of
business, a person with knowledge made the record or was furnished with the information for the
record and it is the regular practice of the Law Offices of Michael P. Von Blon, to make such a
record. These business records are offered under T.R.E. 803(6) as records of a regularly
conducted activity. The records attached hereto as C-2 are duplicate originals generated in the
regular course of business.
lam of sound mind, capable of making this affidavit and personally acquainted with the
facts stated therein.
The above and foregoing facts are true and correct and ithin m ersonal knowledge.
MICHAEL P. VON BLON
v
BEFORE ME, the undersigned notary public, on this day appeared MICHAEL P. VON
BLON, known to me through a current identification card or other document issued by the
federal government or state government that contains his photograph and signature, to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN TO BEFORE ME on June 2& , 2023, to
certify which, witness my hand and official seal.
Notary Public in and for
The Stateof TEXAS
My commission expires:
ti,
se> SHELIA ROBINSON
lotary Public, State of Texas
‘omm. Expires 01-13-2025
“nit Notary ID 10733272
CURRICULUM VITAE
MICHAEL P. VON BLON
Law Office of Michael P. Von Blon
1231 Antoine Dr.
Houston, Texas 77055
713-681-5288
main@michaelvonblon.com
Born Niagara Falls, New York, December 18, 1954
Married, six children; three grandchildren
EDUCATION:
University of Texas, B.S., 1977
University of Houston, J.D., 1980
LICENSED:
Texas Supreme Court (1981)
United States District Court, Southern District of Texas (1986)
United States Court of Appeals, Fifth Circuit (1983)
AWARDS/RECOGNITIONS/SPECIALIZATIONS:
Fellow, American Academy of Matrimonial Lawyers, 2018
Family Law - Texas Board of Legal Specialization (1991); re-certified in 1996, 2001, 2006, 2011 and 2016
APPOINTMENTS:
Director, Houston Bar Association, Family Law Section, 1988 - 1989, 1989 - 1990
District 4H Grievance Committee Member - State Bar of Texas, 1998-2004
Houston Bar Association - Member, Fee Dispute Committee, 2006-2007, 2008-2009, 2017-2021
Houston Bar Association - Member, Special Olympics Committee, 2008-2009
Houston Bar Association-IDEA Committee, 2017-2020
Houston Bar Association-Speakers Bureau Committee, 2020-2021
American Academy of Matrimonial Lawyers-Membership Committee, 2018-2019
American Academy of Matrimonial Lawyers-Professionalism/Collegiality Committee, 2018-2019
MEMBERSHIPS:
Fellow, American Academy of Matrimonial Lawyers, 2018-Present
Member, State Bar of Texas, 1981 - Present
Member, Houston Bar Association, Family Law Section, 1981 - Present
Member, Texas Academy of Family Law Specialists, 1993 - Present
Founding Member, Barrister of The Burta Rhoads Raborn Family Law Inns of Court, 1995 - Present
Member, Gulf Coast Family Law Specialists, 1993 - 2002, 2020-2021
Member, Family Lawyers of Texas, 2016-Present
Member, Houston Bar Association, Criminal Law Section, 1981 - 1991
Member, Texas Trial Lawyers Association, 1991 - 2002
Member, Harris County Criminal Lawyers Association, 1981 - 1992
Member, National Association of Criminal Defense Lawyers, 1981 - 1992
Member, College of the State Bar of Texas, 1997 - 2008
PAST EMPLOYMENT:
Assistant County Attorney, Travis County Attorney's Office, 1982
Legal Research Assistant to Presiding Judge John Onion, Jr., Texas Court of Criminal Appeals, 1984
Associate Attorney, Marian Rosen & Associates 1984-1989
Partner: Rosen, Newey & Von Blon, P.C. 1989-1995
Santa Claus, Northcross Mall (Austin), 1975, 1976
BOARD APPOINTMENTS
School Board, Saint Cecilia Catholic School, 2010-2013
MVB-CV Exhibit C-\
LAW OFFICE OF MICHAEL P. VON BLON
1231 Antoine Drive Houston, Texas 77055
Telephone : (713) 681-5288
Email: Main@michaelvonblon.com
Michael P. Von Blon
Board Certified - Family Law
Texas Board of Legal Specialization
Fellow-American Academy of
Matrimonial Lawyers
Fionuala Knese
101 Clear Lake Court
Southlake, Texas 76092
Re: Cause No.23-DCV-301138 Knese vs. Wyse; 240" Judicial District Court; Fort
Bend County, Texas
March 17, 2023 - Review file; attempted call J. DuCote .2 @$400 = $80
March 29, 2023 - Attempted call to J. DuCote .2@$400 = $80
April 24, 2023 - Attempted call to J. DuCote
dictate letter to DuCote .9@$400 = $360
re: discovery deficiencies
June 26, 2023 - Review file; dictate letter to DuCote .7@$400 = $280
June 27, 2023 - Dictate Motion to Compel/Request
for Sanctions and Affidavit for Fees 1.3@$400 = $520
Total = $1320
C- 2
Preview
No. 23-DCV-301138 FIONUALA M. KNESE, § IN THE DISTRICT COURT OF as Independent Executor of the Estate of CHRISTINA MARY HEYNE, Deceased § § FORT BEND COUNTY, TEXAS vs § § MICHAEL KENNETH WYSE 240" JUDICIAL DISTRICT PLAINTIFF’S MOTION TO COMPEL AND REQUEST FOR SANCTIONS Plaintiff, FONUALA M. KNESE, as Independent Executor of the Estate of CHRISTINA MARY HEYNE, Deceased, files this her Motion to Compel a nd Request for Sanctions and shows: 1 On March 6, 2023, Defendant filed his Original Answer to Plaintiff's Original Petition for Declaratory Relief, thereby making his initial required disclosure responses under T.R.C.P. 194.2(a) due on April 5, 2023. 2. Additionally, Plaintiff served Defendant with Plaintiff's Request for Production and Inspection and First Set of Interrogatories on April 19, 2023, making Defendant’s objections and responses to same due on or before May 22, 2023. 3. To date, Plaintiff has received no disclosure responses from Defendant, and has received no objections or responses to her Request for Production or First Set of Interrogatories to Defendant. 4 This case has been on file since February 9, 2023. Plaintiff can not move this matter forward without Defendant complying with the above discovery requests. Plaintiff requests a hearing on this Motion to Compel and, upon hearing, that the Court compel Defendant to fully comply with the outstanding discovery requests. In the alternative, Plaintiff requests this motion be set by submission, and that this Court grant the relief requested by Plaintiff. 5 Resolution Attempted. Efforts to resolve these matters without Court intervention have been attempted, but were unsuccessful. Plaintiff has sent follow up letters on April 24, 2023 and on June 26, 2023 inquiring as to status of such responses. (See Exhibits A and B, respectively). Additionally, Plaintiffs counsel left message with Defendant’s counsel regarding these issues on April 24, 2023. 6. Request for Sanctions. Plaintiff also requests that this Court enter sanctions against Defendant, ordering him to pay reasonable expenses incurred because of his failure to respond to appropriate discovery requests, including costs and reasonable attorney fees in the amount of $1,500, as provided by Rule 215.2(b)(8), T.R.Civ.P. See Affidavit of Michael P. Von Blon, attorney for Plaintiff, attached hereto as Exhibit C and incorporated for all purposes. Plaintiff, FONUALA M. KNESE, as Independent Executor of the Estate of CHRISTINA MARY HEYNE, Deceased, prays that the Court grant this Motion and order Defendant to respond fully to all discovery requests outstanding and to produce respond to the TRCP 194 initial disclosure responses, Plaintiff's First Set of Interrogatories and to produce all documents responsive to the requests propounded to Defendant, and for such other and further relief to which she may be justly entitled. RESPECTFULLY SUBMITTED, BE y 2W MICHAEL P. VON BLON MICHAEL’P. VON BLON State Bar No. 20612000 main@michaelvonblon.com ATTORNEY FOR PLAINTIFF 1231 Antoine Houston, Texas 77055 (713) 681-5288 CERTIFICATE OF SERVICE [ hereby certify that on Jul 6 2023, a true and correct copy of the foregoing Plaintiff's Motion to Compel sand Request for Sanctions were served on: Jeremy B. DuCote 1650 Hwy. 6, Suite 420 Sugar Land, Texas 77478 Via email: jeremy@loveducotelaw.com Ars IMICHABL P.. VON BLON LAW OFFICE OF MICHAEL P. VON BLON 1231 Antoine Drive Houston, Texas 77055 Telephone : (713) 681-5288 Email: Main@michaelvonblon.com Michael P. Von Blon Shelia Robinson, Paralegal Board Certified - Family Law Shelia@michaelvonblon.com Texas Board of Legal Specialization Fellow-American Academy of Matrimonial Lawyers April 24, 2023 Jeremy B. DuCote 1650 Hwy 6, Suite 420 Sugar Land, Texas 77478 via Email: jeremy@loveducotelaw.com Re. Fluor Corporations $/P and Trust Fund interest awarded to Cristina Mary Wyse in Cause No, 50.350; In the Matter of the Marriage of Cristina Mary Wyse and Michael Kenneth Wyse; in the 328" District Court, Fort end County, Texas Dear Jeremy: Please see attached Request for Production and Interrogatories. Additionally, your client’s initial disclosure responses under Rule 194, TRCP, were due April 5, 2023, Please advise as to when might receive his responses, so | can avoid filing a motion to compel. Lastly, my office has emailed you several times to discuss scheduling mediation prior to conducting a lot of discovery. Apparently by your client’s silence, he is not interested in doing so, Hence, my sending the attached discovery. Once | receive his disclosure responses and the responses to the attached discovery, I would like to depose him, and schedule mediation. Please provide me dates in early June for his deposition, and names of three mediators that you are agreeable to utilizing so I can check their availability in late June. If you would like to discuss any of this, please call. Thank you. Sice ike Von Blon Eqhbrt Al LAW OFFICE OF MICHAEL P. VON BLON 1231 Antoine Drive Houston, Texas 77055 Telephone : (713) 681-5288 Email: Main@michaelvonblon.com Michael P. Von Blon Shelia Robinson, Paralegal Board Certified - Family Law helia@michaelvonblon.com Texas Board of Legal Specialization Fellow-American Academy of Matrimonial Lawyers June 26, 2023 Jeremy B. DuCote 1650 Hwy 6, Suite 420 Sugar Land, Texas 77478 via Email: jeremy@loveducotelaw.com Re. Fluor Corporations S/P and Trust Fund interest awarded to Cristina Mary Wyse in Cause No. 50.350; In the Matter of the Marriage of Cristina Mary Wyse and Michael Kenneth Wyse; in the 328" District Court, Fort end County, Texas Dear Jeremy: Back on April 24, 2023 I sent you Request for Production and Interrogatories. | also inquired in that letter dated April 24, 2023 as to the status of your client sending his disclosure responses which were due April 5, 2023. As of today’s date, I have received no disclosure responses, and no responses to the Interrogatories and Request for Production sent on April 24, 2023. Please be advised that if | don’t receive each of the three by end of business, June 28, 2023, I will be filing a Motion to Compel and Request for Sanctions. My patience in trying to be flexible has run out. This delay and lack of response can not be tolerated any longer. Lastly, my office inquired back on April 24, 2023 in the above referenced letter and has emailed you several times about scheduling mediation prior to conducting a lot of discovery. Apparently by your client’s silence, he is not interested in doing so. Once I receive his disclosure responses and the responses to the attached discovery, | would like to depose him, and schedule mediation. Please provide me dates in early August for his deposition, and names of three mediators that you are agreeable to utilizing so I can check their availability in late August. If you would like to discuss any of this, please call. Thank you. Mike Von lon Exwbit % No. 23-DCV-301138 FIONUALA M. KNESE, IN THE DISTRICT COURT OF as Independent Executor of the Estate of CHRISTINA MARY HEYNE, Deceased FORT BEND COUNTY, TEXAS VS MICHAEL KENNETH WYSE § 240" JUDICIAL DISTRICT PROOF OF VON BLON’S ATTORNEY’S FEES, COSTS, AND EXPENSES FOR REPRESENTATION OF Plaintiff, FIONUALA M. KNESE, as Independent Executor of the Estate of CHRISTINA MARY HEYNE, Deceased ON RESPONDENT’S MOTION TO COMPEL DISCOVERY Before me, the undersigned authority, on this day personally appeared Michael P. Von Blon of the Law Office of Michael P. Von Blon, who did state: "My name is Michael P. Von Blon. I am an attorney licensed to practice law by the Supreme Court of the State of Texas. I have been practicing law since October 1981 and specialize in family law. I am board certified, in the area of family law, by the Texas Board of Legal Specialization. I am a fellow in the American Academy of Matrimonial Lawyers. My license to practice law is current and in effect; and my license to practice law has never been suspended or revoked. It was necessary for my client, Plaintiff, FTONUALA M. KNESE, as Independent Executor of the Estate of CHRISTINA MARY HEYNE, Deceased, to retain the Law Offices of Michael P. Von Blon, to represent her in connection with Plaintiff's Motion to Compel and Request for Sanctions, as well as paralegals and legal assistants to work on this case. My experience in the practice of law, as a family law attorney is attached hereto as Exhibit C-1. The services contracted for by Plaintiff, FIONUALA M. KNESE, as Independent Executor of the Estate of CHRISTINA MARY HEYNE, Deceased, which provides my reasonable fees and the reasonable fees for paralegals and legal assistants who have the experience which justifies their hourly rates (as well as expenses), is as follows: March 17, 2023-I attempted to call counsel for Defendant (left a message to call) March 29, 2023-I attempted to call counsel for Defendant (left a message to call) April 24, 2023-1 attempted to call (left message) and then dictated a letter to counsel for Defendant, setting forth the discovery deficiencies, and requesting resolution of such deficiencies (Exhibit A). June 26, 2023-I dictated a second letter to counsel for Defendant, setting forth the discovery deficiencies, and requesting resolution of such deficiencies (Exhibit B). June 27, 2023-I dictated this Motion and affidavit, incurring 1.3 hours time My hourly rate which my client contracted with me for my services in this matter is $400 per hour. To date, I have incurred a total of 3.3 hours, which total $1320. Exh br ( The hourly rates are reasonable, necessary and customary for fees charged in this family law matter. The factors considered for determining the reasonableness and necessity for attorney's fees, costs and expenses are: 1 time and labor required, the novelty and difficulty of the questions involved and the skill required to perform the legal services properly; 2 the likelihood, which was made apparent to the client, that the acceptance of a particular employment made the basis of this claim would preclude other employment by the Law Offices of Michael P. Von Blon; the fees customarily charged in the locality for similar legal services for the complexity of the issues raised, argued and pursued; the fees customarily charged in the locality for similar services for the amount of money involved and the issues in the suit resolved or to be resolved; the time limitations imposed by the client or by the circumstances; the nature and length of the professional relationship with the client; and the experience, reputation and ability of the lawyer or lawyers performing the services for the client. Rule 1.04 Texas Rules of Professional Conduct. The legal assistant assigned to this case: is qualified by experience and training to perform the services in question; and the work done by the legal assistant was supervised by an attorney; and the task performed by the legal assistant was one traditionally done by an attorney; and the services performed by the legal assistant was reasonable and necessary and for the benefit of the client... Tex. Civ. Prac. & Rem. Code §38.004. In my opinion, the reasonable value of attorney's fees, costs and expenses reasonably and necessarily incurred by my client in prosecution of her Respondent’s Motion to Compel and Request for Sanctions is $1320. Additionally, I am the custodian of business records and am a person with knowledge of the filing system. The records attached hereto were made in the ordinary course of business and were made at or near the time of the event or service therein stated. It is in the regular course of business, a person with knowledge made the record or was furnished with the information for the record and it is the regular practice of the Law Offices of Michael P. Von Blon, to make such a record. These business records are offered under T.R.E. 803(6) as records of a regularly conducted activity. The records attached hereto as C-2 are duplicate originals generated in the regular course of business. lam of sound mind, capable of making this affidavit and personally acquainted with the facts stated therein. The above and foregoing facts are true and correct and ithin m ersonal knowledge. MICHAEL P. VON BLON v BEFORE ME, the undersigned notary public, on this day appeared MICHAEL P. VON BLON, known to me through a current identification card or other document issued by the federal government or state government that contains his photograph and signature, to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN TO BEFORE ME on June 2& , 2023, to certify which, witness my hand and official seal. Notary Public in and for The Stateof TEXAS My commission expires: ti, se> SHELIA ROBINSON lotary Public, State of Texas ‘omm. Expires 01-13-2025 “nit Notary ID 10733272 CURRICULUM VITAE MICHAEL P. VON BLON Law Office of Michael P. Von Blon 1231 Antoine Dr. Houston, Texas 77055 713-681-5288 main@michaelvonblon.com Born Niagara Falls, New York, December 18, 1954 Married, six children; three grandchildren EDUCATION: University of Texas, B.S., 1977 University of Houston, J.D., 1980 LICENSED: Texas Supreme Court (1981) United States District Court, Southern District of Texas (1986) United States Court of Appeals, Fifth Circuit (1983) AWARDS/RECOGNITIONS/SPECIALIZATIONS: Fellow, American Academy of Matrimonial Lawyers, 2018 Family Law - Texas Board of Legal Specialization (1991); re-certified in 1996, 2001, 2006, 2011 and 2016 APPOINTMENTS: Director, Houston Bar Association, Family Law Section, 1988 - 1989, 1989 - 1990 District 4H Grievance Committee Member - State Bar of Texas, 1998-2004 Houston Bar Association - Member, Fee Dispute Committee, 2006-2007, 2008-2009, 2017-2021 Houston Bar Association - Member, Special Olympics Committee, 2008-2009 Houston Bar Association-IDEA Committee, 2017-2020 Houston Bar Association-Speakers Bureau Committee, 2020-2021 American Academy of Matrimonial Lawyers-Membership Committee, 2018-2019 American Academy of Matrimonial Lawyers-Professionalism/Collegiality Committee, 2018-2019 MEMBERSHIPS: Fellow, American Academy of Matrimonial Lawyers, 2018-Present Member, State Bar of Texas, 1981 - Present Member, Houston Bar Association, Family Law Section, 1981 - Present Member, Texas Academy of Family Law Specialists, 1993 - Present Founding Member, Barrister of The Burta Rhoads Raborn Family Law Inns of Court, 1995 - Present Member, Gulf Coast Family Law Specialists, 1993 - 2002, 2020-2021 Member, Family Lawyers of Texas, 2016-Present Member, Houston Bar Association, Criminal Law Section, 1981 - 1991 Member, Texas Trial Lawyers Association, 1991 - 2002 Member, Harris County Criminal Lawyers Association, 1981 - 1992 Member, National Association of Criminal Defense Lawyers, 1981 - 1992 Member, College of the State Bar of Texas, 1997 - 2008 PAST EMPLOYMENT: Assistant County Attorney, Travis County Attorney's Office, 1982 Legal Research Assistant to Presiding Judge John Onion, Jr., Texas Court of Criminal Appeals, 1984 Associate Attorney, Marian Rosen & Associates 1984-1989 Partner: Rosen, Newey & Von Blon, P.C. 1989-1995 Santa Claus, Northcross Mall (Austin), 1975, 1976 BOARD APPOINTMENTS School Board, Saint Cecilia Catholic School, 2010-2013 MVB-CV Exhibit C-\ LAW OFFICE OF MICHAEL P. VON BLON 1231 Antoine Drive Houston, Texas 77055 Telephone : (713) 681-5288 Email: Main@michaelvonblon.com Michael P. Von Blon Board Certified - Family Law Texas Board of Legal Specialization Fellow-American Academy of Matrimonial Lawyers Fionuala Knese 101 Clear Lake Court Southlake, Texas 76092 Re: Cause No.23-DCV-301138 Knese vs. Wyse; 240" Judicial District Court; Fort Bend County, Texas March 17, 2023 - Review file; attempted call J. DuCote .2 @$400 = $80 March 29, 2023 - Attempted call to J. DuCote .2@$400 = $80 April 24, 2023 - Attempted call to J. DuCote dictate letter to DuCote .9@$400 = $360 re: discovery deficiencies June 26, 2023 - Review file; dictate letter to DuCote .7@$400 = $280 June 27, 2023 - Dictate Motion to Compel/Request for Sanctions and Affidavit for Fees 1.3@$400 = $520 Total = $1320 C- 2