On November 06, 2018 a
Motion-Secondary
was filed
involving a dispute between
C.L. Cashion Enterprises, L.L.C,
and
Quick, Sharon,
Westen, Jr,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
FILED
7/21/2023 6:26 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Treva Parker-Ayodele DEPUTY
CAUSE NO. 18-16723
C. L. CASHION ENTERPRISES, LLC., § 1N THE DISTRICT COURT
D/B/A RENEWAL BY ANDERSON §
OF AUSTIN §
§
Plaintiff § OF DALLAS COUNTY
vs. §
§
SHARON QUICK and JR WESTEN §
Defendants § 1915‘ JUDICIAL DISTRICT
AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
STATE OF TEXAS §
§
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared MYNDE S.
ElSEN, who being by me first duly sworn, deposed and said as follows:
I. My name is Mynde S. Eisen. I am over the age of eighteen years, fully cempetent
to testify to the matters stated herein, and l have personal knowledge of each of the matters stated
herein. The statements contained herein are true and correct. This corrected affidavit is filed
because the notary didn’t see that the date was incorrect on the original affidavit that was notarized.
2. On or about October 31, 2016, C.L. Cashion Enterprises, LLC d/b/a Renewal by
Andersen of Austin employed the Law Office of Mynde S. Eisen, P.C., 6546 Greatwood Parkway,
Suite C, Sugar Land, Texas 77479, to collect the claims on which this suit is based, and l am
authorized to execute this affidavit on Plaintiff‘s behalf.
3. The emails and documents attached to the Motion are true and correct copies of
emails between myself and Defendants’ counsel Lloyd Ward.
4. Additionally, since there was an enforceable settlement offer which Defendants have
breached, Plaintiff would be entitled to recover its attorney’s fees from Defendants for the
enforcement of the Settlement Agreement.
5. 1n connection with the Motion for Enforcement of Settlement Agreement the
following work was performed by myself or someone in my office.
a. Preparation of First Amended Petition
b. Review of emails/exhibits
c. Draft Motion for Summary Judgment and Affidavits
d. Anticipate a hearing on the Motion for Summary Judgment
6. l have been a practicing attorney in Harris County, Texas for thirty—seven years. My
customarily hourly rate is $450.00, which is, in my opinion, a reasonable attorneys fee for handling
this matter. Attorneys in my office bill between $125.00 and $450.00 per hour, and paralegals are
billed at between $75.00 and $125.00 per hour. Based on the hourly rates charged and the amounts
charged by other professionals in the region l believe that $2,000.00 would be a reasonable fee for
the above described services.
7. Additionally, if an appeal is taken in this matter, additional attorney's fees of
$15,000.00 would be reasonable fees to defend and/or prosecute such appeal.
8. Additionally, if an application for writ is filed with the Texas Supreme Court,
additional attorney's fees of $20,000.00 would be reasonable fees to prepare or respond to such writ.
9. Additionally, if such writ is granted by the Texas Supreme Court and an appeal is
taken, additional attorney's fees of $25,000.00 would be reasonable fees to defend and/or prosecute
such appeal.
yards
J. as.)
Mynde S. Eisen
SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority, on this 2 l st day
ofJuly, 2023.
«W GABRIEELL STIPANUK
Notary ID#13121054-4 tary Pu blic in and fi
1.“)
"so
My Commission Expires , The State of Texas
«,3?
W74?”
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.
Mynde Eisen
Bar No. 6503950
mynde@eisenlawoffice.com
Envelope ID: 77783386
Filing Code Description: Affidavit
Filing Description: IN SUPPORT MOTION SUMMARY JUDGMENT
Status as of 7/24/2023 11:24 AM CST
Associated Case Party: C.L. CASHION ENTERPRISES, L.L.C
Name BarNumber Email TimestampSubmitted Status
Mynde Eisen mynde@eisenlawoffice.com 7/21/2023 6:26:27 PM SENT
Associated Case Party: SHARON QUICK
Name BarNumber Email TimestampSubmitted Status
Robert Newark robert@newarkfirm.com 7/21/2023 6:26:27 PM SENT
Brittany Wilbanks brittany@newarkfirm.com 7/21/2023 6:26:27 PM SENT
Kelly Raper Kelly@newarkfirm.com 7/21/2023 6:26:27 PM SENT
Document Filed Date
July 21, 2023
Case Filing Date
November 06, 2018
Category
CNTR CNSMR COM DEBT
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FILED 7/21/2023 6:26 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Treva Parker-Ayodele DEPUTY CAUSE NO. 18-16723 C. L. CASHION ENTERPRISES, LLC., § 1N THE DISTRICT COURT D/B/A RENEWAL BY ANDERSON § OF AUSTIN § § Plaintiff § OF DALLAS COUNTY vs. § § SHARON QUICK and JR WESTEN § Defendants § 1915‘ JUDICIAL DISTRICT AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared MYNDE S. ElSEN, who being by me first duly sworn, deposed and said as follows: I. My name is Mynde S. Eisen. I am over the age of eighteen years, fully cempetent to testify to the matters stated herein, and l have personal knowledge of each of the matters stated herein. The statements contained herein are true and correct. This corrected affidavit is filed because the notary didn’t see that the date was incorrect on the original affidavit that was notarized. 2. On or about October 31, 2016, C.L. Cashion Enterprises, LLC d/b/a Renewal by Andersen of Austin employed the Law Office of Mynde S. Eisen, P.C., 6546 Greatwood Parkway, Suite C, Sugar Land, Texas 77479, to collect the claims on which this suit is based, and l am authorized to execute this affidavit on Plaintiff‘s behalf. 3. The emails and documents attached to the Motion are true and correct copies of emails between myself and Defendants’ counsel Lloyd Ward. 4. Additionally, since there was an enforceable settlement offer which Defendants have breached, Plaintiff would be entitled to recover its attorney’s fees from Defendants for the enforcement of the Settlement Agreement. 5. 1n connection with the Motion for Enforcement of Settlement Agreement the following work was performed by myself or someone in my office. a. Preparation of First Amended Petition b. Review of emails/exhibits c. Draft Motion for Summary Judgment and Affidavits d. Anticipate a hearing on the Motion for Summary Judgment 6. l have been a practicing attorney in Harris County, Texas for thirty—seven years. My customarily hourly rate is $450.00, which is, in my opinion, a reasonable attorneys fee for handling this matter. Attorneys in my office bill between $125.00 and $450.00 per hour, and paralegals are billed at between $75.00 and $125.00 per hour. Based on the hourly rates charged and the amounts charged by other professionals in the region l believe that $2,000.00 would be a reasonable fee for the above described services. 7. Additionally, if an appeal is taken in this matter, additional attorney's fees of $15,000.00 would be reasonable fees to defend and/or prosecute such appeal. 8. Additionally, if an application for writ is filed with the Texas Supreme Court, additional attorney's fees of $20,000.00 would be reasonable fees to prepare or respond to such writ. 9. Additionally, if such writ is granted by the Texas Supreme Court and an appeal is taken, additional attorney's fees of $25,000.00 would be reasonable fees to defend and/or prosecute such appeal. yards J. as.) Mynde S. Eisen SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority, on this 2 l st day ofJuly, 2023. «W GABRIEELL STIPANUK Notary ID#13121054-4 tary Pu blic in and fi 1.“) "so My Commission Expires , The State of Texas «,3? W74?” 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. Mynde Eisen Bar No. 6503950 mynde@eisenlawoffice.com Envelope ID: 77783386 Filing Code Description: Affidavit Filing Description: IN SUPPORT MOTION SUMMARY JUDGMENT Status as of 7/24/2023 11:24 AM CST Associated Case Party: C.L. CASHION ENTERPRISES, L.L.C Name BarNumber Email TimestampSubmitted Status Mynde Eisen mynde@eisenlawoffice.com 7/21/2023 6:26:27 PM SENT Associated Case Party: SHARON QUICK Name BarNumber Email TimestampSubmitted Status Robert Newark robert@newarkfirm.com 7/21/2023 6:26:27 PM SENT Brittany Wilbanks brittany@newarkfirm.com 7/21/2023 6:26:27 PM SENT Kelly Raper Kelly@newarkfirm.com 7/21/2023 6:26:27 PM SENT