Preview
11/9/2022 1:20 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 70025843
By: Britani Mouton
Filed: 11/9/2022 1:20 PM
Pgs-9
CAUSE NO. 2021-36031
MODIX
MICHAEL D. SYDOW, IN THE DISTRICT COURT OF APRX
Plaintiff/Applicant,
vs. HARRIS COUNTY, TEXAS
LISA MINTON F/K/A LISA
PENAFTEL,
Defendant/Respondent. 295th JUDICIAL DISTRICT
AGREED AMENDED LIMITED ORDER APPOINTING RECEIVER AND FOR
TURNOVER
On March 21, 2022, the Court entered a Limited Order Appointing Receiver and for
Turnover, upon the request of MICHAEL D. SYDOW (“Applicant”), represented by his
counsel, Alan Daughtry and Robin Ziek, and against Judgment-Debtor, LISA MINTON F/K/A
LISA PENAFIEL (“MINTON”), who was at the time appearing pro se. MINTON is now
represented by Hogan Lovells and Applicant has asked the Court to modify the Limited Order
Appointing Receiver for the purposes of clarifying the Receivership ordered by this court on
March 21, and to give effect to the agreements reached between Applicant, MINTON, and
Receiver David Fettner.
The Court now finds as follows.
Factual findings. The Court finds that
Applicant prior to filing the Application for Turnover and Appointment of a Receiver,
had issued and attempted service of a writ of execution on MINTON; however, at her regular
place of abode, the serving Constable’s received no answer.
This Court signed a judgment confirming an arbitration award against MINTON and in
favor of Applicant on October 4, 2021 (“Sydow Judgment’)
The Court finds that Applicant made a good faith effort to collect the Sydow Judgment
but was unsuccessful.
The Court finds that Applicant has good faith reasons to believe that MINTON owns a
Judgment in the principal sum of $249,600,000.00, as awarded by the 312" Judicial District
Court on August 31, 2022, in the Revised Final Decree of Divorce and Final Judgment (Case
No. 2003-03866) (the “$249,600,000.00 Judgment”). In addition, MINTON conceded that she
had no nonexempt rights to present or future property that can be readily attached or levied upon
by ordinary legal process, with the Judgment referred to above against JOSE ALEJANDRO
PENAFIEL being her main non-exempt asset.
The Court further finds that MINTON owns the $249,600,000.00 Judgment against
JOSE ALEJANDRO PENAFIEL, and that, as ordered by the Court in the Sydow Judgment in
this matter dated October 4, 2021, in addition to the Sydow Judgment, Applicant is entitled to 33
1/3% of the gross recovery of the $249,600,000.00 Judgment and interest and possesses an
equivalent 33 1/3% interest in the $249,600,000.00 Judgment plus interest.
The appointment of a Receiver is justified because the Court believes that assets exist
which are not exempt from attachment, execution or seizure for the satisfaction of liabilities,
specifically, the $249,600,000.00 Judgment against JOSE ALEJANDRO PENAFIEL. Hogan
Lovells will use their resources and experience in collection of judgments to collect and execute
on the $249,600,000.00 Judgment by locating and marshalling, the assets of JOSE
ALEJANDRO PENAFIEL in coordination with the Receiver. All assets, cash and property
(and proceeds thereof) located and seized in connection with the Judgment shall be delivered to
the Receiver as soon as possible and held in the receivership in accordance with the rest of this
Order detailed below unless the Court orders otherwise. The Receiver shall then administer all
assets collected as specified in this Order.
Hogan Lovells shall not less than monthly apprise the Receiver of all progress in the
identification, location and acquisition of property and shall timely answer all questions of
Receiver with regard to progress on finding assets and executing on those assets.
It is therefore, ORDERED, ADJUDGED and DECREED by this Court that David
Fettner (“Receiver”) whose address is: 6700 Sands Point Dr., Houston, Texas 77074, telephone
is (713) 626-7277, who was appointed by this Court’s order of March 21, 2022 (“Original
Order”) and has already taken the oath and posted the bond required by the Original Order,
continues to serve as Receiver in this case pursuant to the Texas Turnover Statute over only the
$249,600,000.00 Judgment against JOSE ALEJANDRO PENAFIEL that is partially owned
or controlled by LISA MINTON F/K/A LISA PENAFIEL and that is to be delivered to
Receiver pursuant to this Order.
It is further ORDERED, ADJUDGED and DECREED
THIS IS A LIMITED ORDER OF TURNOVER. UNLESS OR UNTIL FURTHER
ORDER OF THIS COURT, THE RECEIVERSHIP ESTATE SHALL CONSIST OF
THE $249,600,000.00 JUDGMENT AND PROCEEDS THEREOF. IT IS FURTHER
ORDERED:
1 That MINTON make full and complete disclosure to the Receiver of the
$249,600,000.00 Judgment against Jose Alejandro Penafiel and any documents
associated with such Judgment and any ongoing collection efforts of same by
Hogan Lovells, Jeffrey Rosenblum, Charles Gregory, L. “Butch” Brady or any
attorney hired by MINTON to collect this Judgment and to neither directly or
indirectly interfere or impede the Receiver in his performance of his duties under
this Order.
That MINTON is ORDERED to turnover and deliver custody to Receiver within
ten (10) days from MINTON’s receipt of a copy of this Order, the documents
described on Exhibit “A” attached hereto that have not yet been delivered, together
with all other document actually related to the collection of the judgment and
records requested by the Receiver, and to pay the proceeds from the collection of
the $249,600,000.00 Judgment should she receive same within ten (10) days of
receipt to the Receiver to the extent required to satisfy the amount owed under the
judgment and this receivership.
MINTON shall turnover to Receiver at Receiver’s address stated above, within ten
(10) days of MINTON’s receipt of a copy of this Order, all checks, cash, securities
(stocks and bonds), promissory notes, documents of title, contracts received from
JOSE PENAFIEL, affiliates thereof and from any source that was paid to MINTON
in partial or complete satisfaction of the $249,600,000.00 Judgment and is hereby
ORDERED to continue to turnover to the Receiver at the Receiver’s address all of
said assets, checks, cash, securities (stocks and bonds), promissory notes,
documents of title and contract paid to satisfy the $249,6000.00 Judgment within
three (3) days from MINTON’s (or anyone acting on her behalf) or her counsel’s
receipt and possession of such property, if, as and when MINTON (or anyone
acting on her behalf) or her counsel becomes in receipt and possession of such
property.
Receiver shall have all power and authority to take possession of only the non-
exempt property of MINTON as follows:
a. All cash and accounts receivable, including lease payments, notes
receivable, promissory notes, drafts and checks, monies on deposit in
financial institutions, financial accounts (bank accounts), monies received
by MINTON (or anyone acting on her behalf) or her counsel paid to satisfy
the $249,600,000.00 Judgment against Jose Alejandro Penafiel in the form
of checks, cash or credit card payments or receipts;
Stocks, bonds, securities, brokerage accounts, certificates of deposit, money
market accounts, and accounts held by third parties which form any part of
the payment of the $249,600,000.00 Judgment against JOSE
ALEJANDRO PENAFIEL;
All real property and deeds to real property which form any part of or is
payment of the $249,600,000.00 Judgment;
Titles to automobiles or other vehicles including boats, trailers, planes
recreational vehicles, etc. which form any part of or is payment of the
$249,600,000.00 Judgment against Jose Alejandro Penafiel; and
All depositions of third parties or of JOSE ALEJANDRO PENAFIEL
and records related to the payment of the $249,600,000.00 Judgment against
JOSE ALEJANDRO PENAFIEL (including financial records of Jose
Alejandro Penafiel) that are in the actual or constructive possession or
control of MINTON or her attorneys.
Consummation of any sale or auction of the $249,600,000.00 Judgment must be
approved by this Court after notice and hearing. Applicant MINTON, and Receiver
will work together in any pre-sale activities in order to secure the highest and best
sales price for such $249,600,000.00 Judgment, if to be sold versus collected,
including but not limited to appraisals, evaluations, listing agreements, advertising
agreements, etc. Any disagreements between Applicant and MINTON regarding
the sale or auction of the $249,600,000.00 Judgment shall be resolved by this Court
after notice and hearing. Any revenue received from the sale or auction of the
$249,600,000.00 Judgment shall be delivered to the Receiver as soon as possible
and held in the receivership in accordance with the rest of this Order. Receiver shall
have the right, power and authority to hire any persons or company necessary to
accomplish any right or power granted by the Court.
Receiver shall have the power to subpoena from MINTON, third parties, and
witnesses, production of documents, things and information pertaining to the
$249,600,000.00 Judgment and location.
That any Constable, deputy Constable, Sheriff, Deputy Sheriff or any other peace
officer is hereby authorized to accompany Receiver pursuant to a writ to locations
designated by Receiver where Receiver believes assets may be located which can
be applied towards the satisfaction of the $249,600,000.00 Judgment, said peace
officers being hereby ORDERED to prevent any person(s) from interfering with
the Receiver from carrying out any duty under this Order or interfering with any
property in control of the Receiver, or any property subject to this Order.
That any person or agent of any person, with actual knowledge of this Order is not
to interfere with any property in control of the Receiver or subject to this Order and
is further ORDERED not to interfere with the Receiver in carrying out of any duty
under this Order. Third parties are hereby notified that the $249,600,000.00
Judgment is held by the Receiver in custodia legis and once any third party receives
notice of this Order they may be subject to liability should they release any portion
of the payment of the judgment to anyone other than this Court, its Receiver, Hogan
Lovells and its agents, or any other person or entity designated in writing by
Receiver.
Further, it is ORDERED that Receiver shall be paid a fee which will be detailed in more
detail in a subsequent order.
IT is further ORDERED and directed that Receiver shall pay proceeds coming into
Receiver’s possession from the collection and/or sale of the $249,600,000.00 Judgment as
follows:
1 One-third of every dollar collected by Receiver to Applicant’s counsel in trust for
Applicant, in satisfaction of his 33.333% ownership in the $249,600,000.00
Judgment;
Out of the remaining 66.667% of the proceeds collected, Receiver shall next make
payment of Receiver’s fees and expenses, upon the filing of an application and
approval of same by this Court with notice and the opportunity for hearing granted
to Applicant and MINTON. All Receiver’s fees and costs shall be taxed as costs
against MINTON’s 66.667% of the $249,600,000.00 Judgment
Upon payment to the Receiver of his fees and expenses, on an equal basis to
Applicant or Applicant’s attorney as Trustee for Applicant and MINTON until the
Sydow Judgment amounts due Applicant from MINTON including the attorney’s
fees ordered herein have been fully paid out of MINTON’s 66.667% of the
$249,600,000.00 Judgment
Thereafter, the remainder of any monies of the 66.667% portion of the
$249,600,000.00 Judgment then shall be paid to MINTON.
Receiver shall file a Final Accounting with the Court within thirty (30) days of the filing
of a Release of Judgment, or sale and/or assignment of the $249,600,000.00 Judgment. All
authority of Receiver shall terminate thirty (30) days after the filing of said Final Accounting and
Receiver’s bond will be released to Applicant only upon approval by the Court of the Final
Accounting
Attorneys’ fees. The Court takes judicial notice of the time that is reasonable and
necessary for the preparation and prosecution of this motion, and LISA MINTON F/K/A LISA
PENAFIEL is ordered to pay Plaintiffs counsel, Robin M. Ziek, 24 Greenway Plaza, Suite 2050
Houston, Texas 77046 the sum of $2,500.00 in attorney’s fees from any funds recovered by the
Receiver.
Receiver is not required to defend or prosecute any litigation regarding LISA MINTON
F/K/A LISA PENAFIEL unless the Receiver in his sole discretion deems it meritorious.
Receiver may propound discovery, pursuant to the Rules of Civil Procedure. He is not
required to employ the discovery rules and may obtain discovery by simply requesting the
information or documents from defendants
The Receiver’s fee shall be the subject of a separate order.
All parties are ordered to serve Receiver with copies of all motions, notices, discovery
responses, correspondence, and communications among them
Notice: An order has been entered against you. You have the right to hire an
attorney to assist you in compliance with this Turnover Order.
Tf you believe that the Receiver’s demands are inappropriate, you must either comply, or
seek protection from the Court.
Persons seeking protection must set the matter for the earliest possible hearing date, after
giving full notice to the Receiver and attempting to resolve the issues.
Receiver has already posted the bond in the amount of $1,000.00 which will continue to
remain in place for this Amended Order
SIGNED this day of. , 2022.
Signed:
11/15/2022
HONORABLE DONNA ROTH
APPROVED AS TO FORM AND SUBSTANCE:
By: /s/ RobinM. Ziek
ROBIN M. ZIEK
SBOT: 22262575
24 Greenway Plaza, Suite 2050
Houston, Texas 77046
Tel: (713) 222-8030
Facsimile: (832) 565-9011
ziek@sbeglobal.net
ATTORNEY FOR MICHAEL D. SYDOW
/s/ David A. Fettner
David A. Fettner
Texas Bar No. 00784048
6700 Sands Point Drive
Houston, Texas 77074
Tel. (713) 626-7277
Fax. (888) 876-2292
Email: daf@fettnerthompson.com
Service: services@fettnerthompson.com
COURT APPOINTED RECEIVER
/s/ Bruce D. Oakley
Bruce D. Oakley
Texas Bar No, 15156900
Bruce.oakley@hoganlovells.com
Jillian C. Beck
Texas Bar No. 24082672
Jillian.beck@hoganlovells.com
Catherine E. Bratic
Texas Bar No. 24087204
Catherine.bratic@hoganlovells.com
HOGAN LOVELLS US LLP
609 Main Street, Suite 4200
Houston, TX 77002
T (713) 632-1400
F (713) 632-1401
Counsel for Lisa Ann Minton
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.
Robin Ziek on behalf of Robin Ziek
Bar No. 22262575
rziek@sbcglobal.net
Envelope ID: 70025843
Status as of 11/9/2022 2:49 PM CST
Case Contacts
Name BarNumber | Email TimestampSubmitted Status
Robin Ziek rziek@sbcglobal.net 11/9/2022 1:20:17 PM SENT
Carlos GGuerra cgg@fettnerthompson.com | 11/9/2022 1:20:17 PM SENT
James EThompson jet@fettnerthompson.com 11/9/2022 1:20:17 PM SENT
Preview
11/9/2022 1:20 PM Marilyn Burgess - District Clerk Harris County Envelope No. 70025843 By: Britani Mouton Filed: 11/9/2022 1:20 PM Pgs-9 CAUSE NO. 2021-36031 MODIX MICHAEL D. SYDOW, IN THE DISTRICT COURT OF APRX Plaintiff/Applicant, vs. HARRIS COUNTY, TEXAS LISA MINTON F/K/A LISA PENAFTEL, Defendant/Respondent. 295th JUDICIAL DISTRICT AGREED AMENDED LIMITED ORDER APPOINTING RECEIVER AND FOR TURNOVER On March 21, 2022, the Court entered a Limited Order Appointing Receiver and for Turnover, upon the request of MICHAEL D. SYDOW (“Applicant”), represented by his counsel, Alan Daughtry and Robin Ziek, and against Judgment-Debtor, LISA MINTON F/K/A LISA PENAFIEL (“MINTON”), who was at the time appearing pro se. MINTON is now represented by Hogan Lovells and Applicant has asked the Court to modify the Limited Order Appointing Receiver for the purposes of clarifying the Receivership ordered by this court on March 21, and to give effect to the agreements reached between Applicant, MINTON, and Receiver David Fettner. The Court now finds as follows. Factual findings. The Court finds that Applicant prior to filing the Application for Turnover and Appointment of a Receiver, had issued and attempted service of a writ of execution on MINTON; however, at her regular place of abode, the serving Constable’s received no answer. This Court signed a judgment confirming an arbitration award against MINTON and in favor of Applicant on October 4, 2021 (“Sydow Judgment’) The Court finds that Applicant made a good faith effort to collect the Sydow Judgment but was unsuccessful. The Court finds that Applicant has good faith reasons to believe that MINTON owns a Judgment in the principal sum of $249,600,000.00, as awarded by the 312" Judicial District Court on August 31, 2022, in the Revised Final Decree of Divorce and Final Judgment (Case No. 2003-03866) (the “$249,600,000.00 Judgment”). In addition, MINTON conceded that she had no nonexempt rights to present or future property that can be readily attached or levied upon by ordinary legal process, with the Judgment referred to above against JOSE ALEJANDRO PENAFIEL being her main non-exempt asset. The Court further finds that MINTON owns the $249,600,000.00 Judgment against JOSE ALEJANDRO PENAFIEL, and that, as ordered by the Court in the Sydow Judgment in this matter dated October 4, 2021, in addition to the Sydow Judgment, Applicant is entitled to 33 1/3% of the gross recovery of the $249,600,000.00 Judgment and interest and possesses an equivalent 33 1/3% interest in the $249,600,000.00 Judgment plus interest. The appointment of a Receiver is justified because the Court believes that assets exist which are not exempt from attachment, execution or seizure for the satisfaction of liabilities, specifically, the $249,600,000.00 Judgment against JOSE ALEJANDRO PENAFIEL. Hogan Lovells will use their resources and experience in collection of judgments to collect and execute on the $249,600,000.00 Judgment by locating and marshalling, the assets of JOSE ALEJANDRO PENAFIEL in coordination with the Receiver. All assets, cash and property (and proceeds thereof) located and seized in connection with the Judgment shall be delivered to the Receiver as soon as possible and held in the receivership in accordance with the rest of this Order detailed below unless the Court orders otherwise. The Receiver shall then administer all assets collected as specified in this Order. Hogan Lovells shall not less than monthly apprise the Receiver of all progress in the identification, location and acquisition of property and shall timely answer all questions of Receiver with regard to progress on finding assets and executing on those assets. It is therefore, ORDERED, ADJUDGED and DECREED by this Court that David Fettner (“Receiver”) whose address is: 6700 Sands Point Dr., Houston, Texas 77074, telephone is (713) 626-7277, who was appointed by this Court’s order of March 21, 2022 (“Original Order”) and has already taken the oath and posted the bond required by the Original Order, continues to serve as Receiver in this case pursuant to the Texas Turnover Statute over only the $249,600,000.00 Judgment against JOSE ALEJANDRO PENAFIEL that is partially owned or controlled by LISA MINTON F/K/A LISA PENAFIEL and that is to be delivered to Receiver pursuant to this Order. It is further ORDERED, ADJUDGED and DECREED THIS IS A LIMITED ORDER OF TURNOVER. UNLESS OR UNTIL FURTHER ORDER OF THIS COURT, THE RECEIVERSHIP ESTATE SHALL CONSIST OF THE $249,600,000.00 JUDGMENT AND PROCEEDS THEREOF. IT IS FURTHER ORDERED: 1 That MINTON make full and complete disclosure to the Receiver of the $249,600,000.00 Judgment against Jose Alejandro Penafiel and any documents associated with such Judgment and any ongoing collection efforts of same by Hogan Lovells, Jeffrey Rosenblum, Charles Gregory, L. “Butch” Brady or any attorney hired by MINTON to collect this Judgment and to neither directly or indirectly interfere or impede the Receiver in his performance of his duties under this Order. That MINTON is ORDERED to turnover and deliver custody to Receiver within ten (10) days from MINTON’s receipt of a copy of this Order, the documents described on Exhibit “A” attached hereto that have not yet been delivered, together with all other document actually related to the collection of the judgment and records requested by the Receiver, and to pay the proceeds from the collection of the $249,600,000.00 Judgment should she receive same within ten (10) days of receipt to the Receiver to the extent required to satisfy the amount owed under the judgment and this receivership. MINTON shall turnover to Receiver at Receiver’s address stated above, within ten (10) days of MINTON’s receipt of a copy of this Order, all checks, cash, securities (stocks and bonds), promissory notes, documents of title, contracts received from JOSE PENAFIEL, affiliates thereof and from any source that was paid to MINTON in partial or complete satisfaction of the $249,600,000.00 Judgment and is hereby ORDERED to continue to turnover to the Receiver at the Receiver’s address all of said assets, checks, cash, securities (stocks and bonds), promissory notes, documents of title and contract paid to satisfy the $249,6000.00 Judgment within three (3) days from MINTON’s (or anyone acting on her behalf) or her counsel’s receipt and possession of such property, if, as and when MINTON (or anyone acting on her behalf) or her counsel becomes in receipt and possession of such property. Receiver shall have all power and authority to take possession of only the non- exempt property of MINTON as follows: a. All cash and accounts receivable, including lease payments, notes receivable, promissory notes, drafts and checks, monies on deposit in financial institutions, financial accounts (bank accounts), monies received by MINTON (or anyone acting on her behalf) or her counsel paid to satisfy the $249,600,000.00 Judgment against Jose Alejandro Penafiel in the form of checks, cash or credit card payments or receipts; Stocks, bonds, securities, brokerage accounts, certificates of deposit, money market accounts, and accounts held by third parties which form any part of the payment of the $249,600,000.00 Judgment against JOSE ALEJANDRO PENAFIEL; All real property and deeds to real property which form any part of or is payment of the $249,600,000.00 Judgment; Titles to automobiles or other vehicles including boats, trailers, planes recreational vehicles, etc. which form any part of or is payment of the $249,600,000.00 Judgment against Jose Alejandro Penafiel; and All depositions of third parties or of JOSE ALEJANDRO PENAFIEL and records related to the payment of the $249,600,000.00 Judgment against JOSE ALEJANDRO PENAFIEL (including financial records of Jose Alejandro Penafiel) that are in the actual or constructive possession or control of MINTON or her attorneys. Consummation of any sale or auction of the $249,600,000.00 Judgment must be approved by this Court after notice and hearing. Applicant MINTON, and Receiver will work together in any pre-sale activities in order to secure the highest and best sales price for such $249,600,000.00 Judgment, if to be sold versus collected, including but not limited to appraisals, evaluations, listing agreements, advertising agreements, etc. Any disagreements between Applicant and MINTON regarding the sale or auction of the $249,600,000.00 Judgment shall be resolved by this Court after notice and hearing. Any revenue received from the sale or auction of the $249,600,000.00 Judgment shall be delivered to the Receiver as soon as possible and held in the receivership in accordance with the rest of this Order. Receiver shall have the right, power and authority to hire any persons or company necessary to accomplish any right or power granted by the Court. Receiver shall have the power to subpoena from MINTON, third parties, and witnesses, production of documents, things and information pertaining to the $249,600,000.00 Judgment and location. That any Constable, deputy Constable, Sheriff, Deputy Sheriff or any other peace officer is hereby authorized to accompany Receiver pursuant to a writ to locations designated by Receiver where Receiver believes assets may be located which can be applied towards the satisfaction of the $249,600,000.00 Judgment, said peace officers being hereby ORDERED to prevent any person(s) from interfering with the Receiver from carrying out any duty under this Order or interfering with any property in control of the Receiver, or any property subject to this Order. That any person or agent of any person, with actual knowledge of this Order is not to interfere with any property in control of the Receiver or subject to this Order and is further ORDERED not to interfere with the Receiver in carrying out of any duty under this Order. Third parties are hereby notified that the $249,600,000.00 Judgment is held by the Receiver in custodia legis and once any third party receives notice of this Order they may be subject to liability should they release any portion of the payment of the judgment to anyone other than this Court, its Receiver, Hogan Lovells and its agents, or any other person or entity designated in writing by Receiver. Further, it is ORDERED that Receiver shall be paid a fee which will be detailed in more detail in a subsequent order. IT is further ORDERED and directed that Receiver shall pay proceeds coming into Receiver’s possession from the collection and/or sale of the $249,600,000.00 Judgment as follows: 1 One-third of every dollar collected by Receiver to Applicant’s counsel in trust for Applicant, in satisfaction of his 33.333% ownership in the $249,600,000.00 Judgment; Out of the remaining 66.667% of the proceeds collected, Receiver shall next make payment of Receiver’s fees and expenses, upon the filing of an application and approval of same by this Court with notice and the opportunity for hearing granted to Applicant and MINTON. All Receiver’s fees and costs shall be taxed as costs against MINTON’s 66.667% of the $249,600,000.00 Judgment Upon payment to the Receiver of his fees and expenses, on an equal basis to Applicant or Applicant’s attorney as Trustee for Applicant and MINTON until the Sydow Judgment amounts due Applicant from MINTON including the attorney’s fees ordered herein have been fully paid out of MINTON’s 66.667% of the $249,600,000.00 Judgment Thereafter, the remainder of any monies of the 66.667% portion of the $249,600,000.00 Judgment then shall be paid to MINTON. Receiver shall file a Final Accounting with the Court within thirty (30) days of the filing of a Release of Judgment, or sale and/or assignment of the $249,600,000.00 Judgment. All authority of Receiver shall terminate thirty (30) days after the filing of said Final Accounting and Receiver’s bond will be released to Applicant only upon approval by the Court of the Final Accounting Attorneys’ fees. The Court takes judicial notice of the time that is reasonable and necessary for the preparation and prosecution of this motion, and LISA MINTON F/K/A LISA PENAFIEL is ordered to pay Plaintiffs counsel, Robin M. Ziek, 24 Greenway Plaza, Suite 2050 Houston, Texas 77046 the sum of $2,500.00 in attorney’s fees from any funds recovered by the Receiver. Receiver is not required to defend or prosecute any litigation regarding LISA MINTON F/K/A LISA PENAFIEL unless the Receiver in his sole discretion deems it meritorious. Receiver may propound discovery, pursuant to the Rules of Civil Procedure. He is not required to employ the discovery rules and may obtain discovery by simply requesting the information or documents from defendants The Receiver’s fee shall be the subject of a separate order. All parties are ordered to serve Receiver with copies of all motions, notices, discovery responses, correspondence, and communications among them Notice: An order has been entered against you. You have the right to hire an attorney to assist you in compliance with this Turnover Order. Tf you believe that the Receiver’s demands are inappropriate, you must either comply, or seek protection from the Court. Persons seeking protection must set the matter for the earliest possible hearing date, after giving full notice to the Receiver and attempting to resolve the issues. Receiver has already posted the bond in the amount of $1,000.00 which will continue to remain in place for this Amended Order SIGNED this day of. , 2022. Signed: 11/15/2022 HONORABLE DONNA ROTH APPROVED AS TO FORM AND SUBSTANCE: By: /s/ RobinM. Ziek ROBIN M. ZIEK SBOT: 22262575 24 Greenway Plaza, Suite 2050 Houston, Texas 77046 Tel: (713) 222-8030 Facsimile: (832) 565-9011 ziek@sbeglobal.net ATTORNEY FOR MICHAEL D. SYDOW /s/ David A. Fettner David A. Fettner Texas Bar No. 00784048 6700 Sands Point Drive Houston, Texas 77074 Tel. (713) 626-7277 Fax. (888) 876-2292 Email: daf@fettnerthompson.com Service: services@fettnerthompson.com COURT APPOINTED RECEIVER /s/ Bruce D. Oakley Bruce D. Oakley Texas Bar No, 15156900 Bruce.oakley@hoganlovells.com Jillian C. Beck Texas Bar No. 24082672 Jillian.beck@hoganlovells.com Catherine E. Bratic Texas Bar No. 24087204 Catherine.bratic@hoganlovells.com HOGAN LOVELLS US LLP 609 Main Street, Suite 4200 Houston, TX 77002 T (713) 632-1400 F (713) 632-1401 Counsel for Lisa Ann Minton 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. Robin Ziek on behalf of Robin Ziek Bar No. 22262575 rziek@sbcglobal.net Envelope ID: 70025843 Status as of 11/9/2022 2:49 PM CST Case Contacts Name BarNumber | Email TimestampSubmitted Status Robin Ziek rziek@sbcglobal.net 11/9/2022 1:20:17 PM SENT Carlos GGuerra cgg@fettnerthompson.com | 11/9/2022 1:20:17 PM SENT James EThompson jet@fettnerthompson.com 11/9/2022 1:20:17 PM SENT