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C. A. No. 2013-36016
RAY von PROCTOR, In The
Plaintiff, District Court
Vv.
Harris County, Texas
BROWN MEDICAL CENTER INC, f/k/a
SURGEON’S MANAGEMENT INC., and| 11" Judicial District
CHARLES CAVE
Defendant.
PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
1 INTRODUCTION
Lt Plaintiff demands a JURY TRIAL in this retaliation case under state Common Law as to
any and all issues triable to a jury. Plaintiff alleges Defendant Brown Medical Center
violated the Public Policy of the State of Texas when the Defendant took adverse
personnel actions against Plaintiff.
1.2 This Court has jurisdiction of the subject matter of this action, pursuant to the state
Common Law and the Constitution of the State of Texas. The amount in controversy
exceeds the minimal jurisdictional limits of this Court.
2. PARTIES
2.1 Plaintiff is an individual residing in Katy, Harris County, Texas.
2.2. Detendant Brown Medical Center Inc., f/k/a Surgeon’s Management Inc., is a Texas
corporation and can be served by serving its agents for service CT Corporation at 350 N.
St. Paul Street, Dallas, Texas 75201. This Defendant has been served and answered.
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23 Defendant Charles Cave is an employee of Brown Medical Center Inc., f/k/a Surgeon’s
Management Inc. and can be served at his place of employment, 4141 Directors Row,
Houston, Texas 77092. This Defendant has been served and answered.
3. MENUE
3.1 Venue of this action is proper in Harris County, Texas pursuant to Texas Civil Practice
and Remedies Code 15.002 because Harris County is the county in which all or part of
the cause of action occurred.
4. Facts
41 Michael Brown, M.D. hired Plaintiff and Plaintiff began working for Defendant Brown
Medical Center on March 29, 2010. Defendant Brown Medical Center promoted Plaintiff
to Chief of Staff of all the entities owned by Michael Brown, M.D. Plaintiff at all times
reported to Michael Brown, M.D.
4.2 In the fall of 2012, Dr. Brown gave Plaintiff a note and informed Plaintiff how
appreciative he was of Plaintiffs work and that he intended for Plaintitf to work for him
for a very long time.
43 During the course of Plaintiffs employment, Plaintiff learned that his name was
misappropriated and he was listed as president of at least one entity owned by Michael
Brown, M.D., MG Brown Company, LLC. Plaintiff was not aware he was to be listed
with the Florida Secretary of State as the president of this company nor did Plaintiff give
his permission to do so. This company was used to purchase a house for Michael Brown,
M_D. in violation of an order issued by a Harris County District Court Judge regarding
Michael Brown, M.D. Once Plaintitf learned all these facts he refused to engage in any
illegal activity.
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44 During the course of Plaintiff's employment, Defendant’s agent, Charles Cave, stole and
misappropriated Plaintiffs personal information and social security number in order to
secure $600,000 of credit for Defendant Brown Medical Center (funds that could be
funneled to Dr. Brown) without informing Plaintiff. Plaintiff only learned of this theft
and fraud when American Express informed him and restricted spending on his personal
account to no more than $5,000.00. Plaintiff bore the financial responsibility for this
account. Defendant did spend money using Plaintiff's personal credit. Defendant’s illegal
use of funds through Plaintiff caused Plaintiff a great deal of stress, much which
manifested physically, requiring medication and doctor’s visits and a very serious threat
to Plaintiffs health. Defendant’s illegal use of Plaintiff's personal information to obtain
eredit and funds through that credit damaged Plaintitt’s credit with American Express.
Plaintiff refused to participate in this illegal activity.
4.5 During the course of Plaintiffs employment Detendant again attempted to purchase an
eight (8) million dollar house for Dr. Brown. This purchase was again in violation of a
Harris County District Court’s Order. Plaintiff refused to participate in this illegal
activity.
46 During the course of Plaintiff's employment, Dr. Brown sent Plaintiff a memo ordering
them to stop paying the staff support payments for his ex-wife during a contentious
divorce or he would “fire your ass.” This was a direet violation of the temporary orders
for support. Plaintiff refused to engage in this illegal activity.
47. During the course of Plaintiff's employment, two female employees of Dr. Brown
produced statements alleging that Dr. Brown sexually assaulted an unconscious woman
on his boat in the presence of others. A concern was brought up by others of the potential
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impact of that these statements could have on the pending British Airways criminal case
against Dr. Brown!. When discussions of paying these women money ensued so they
would not go forward with the complaints or charges as they could possibly hurt the
criminal case against Dr. Brown, Plaintiff specitically refused to engage in any conduct
of extortion or obstruction of justice, or interfere with any potential criminal charges.
48 During the course of Plaintif{’s employment, Plaintiff refused to obtain or be involved in
obtaining prescriptions for Dr. Brown using employees.
49 It was only after Plaintiff refused to engage in illegal activities that Defendant Brown
Medical Center demoted Plaintiff from Chief of Staff to Director of Personal Asset
Management.” Defendant Brown Medical Center also retroactively reduced Plaintiff's
salary, essentially cutting it to less than half and eliminating Plaintiff’s bonus. Plaintitf
had worked his agreed to hours at his agreed to salary and Defendant Brown Medical
Center did not pay Plaintiff for all time work. Defendant reduced Plaintiffs salary
retroactively after Plaintiff worked and should have been paid for the work. Defendant
owes Plaintiffhis retroactive salary.
4.10. Very recently during the course of Plaintiff's employment, Plaintiff, as Director of Dr.
Brown's personal asset management, did not renew the lease on Dr. Brown’s Central
Park apartment pursuant to directives. Despite this non-renewal, Dr. Brown paid cash, for
a year in advance (in excess of $200,000.00) for the year lease of this apartment. This
cash transaction is in violation of both the Harris County District Court order and the
TA flight attendant accused Dr. Brown of making sexual comments towards her and choking her.
* Michael Brown M.D. and his companies are under a CRO agreement pursuant to a Bankruptcy court order.
Plaintiff began reporting to the CRO in March 2013. David Grange is the CRO and informed Plaintiff that he was
demoted, Though the idea of the agreement is to save money and the keep Brown and his entities out of bankruptcy,
Mr. Grange’s company takes a fee, Mr. Grange is paid individually, Mr. Grange’s employees from North Carolina
are paid and Mr. Grange and the employees are commuting from North Carolina, Florida and other states to Texas
and returning home with their expenses paid. Plaintiff reported these illegal activities and his refusal to perform
them to David Grange.
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Federal Bankruptcy Order in place against Dr. Brown and his companies. Plaintiff
refused to engage in this activity or keeping Dr. Brown’s cash transaction (as he filed
pleadings in bankruptcy court swearing he did not have this kind of cash on hand) a
secret from the authorities, including any bankruptcy trustees.
4.11 On September 18, 2013, Defendant Brown Medical Center terminated Plaintiff.
4.12 Based on the above facts, Plaintiff contends that Defendant Brown Medical Center
violated the public policy of the State of Texas as expressed by the Texas Supreme Court
in Sabine Pilot Service, Inc. v. Hauck 637 SW. 2d 733 (Tex. 1985) because Plaintiff
refused to assist Defendants in any illegal activities which carry a criminal penalty.
4.13 Based on the above facts, Plaintiff contends that Defendants committed intentional
infliction of emotional distress against Plaintiff.
4.14 Based on the above facts, Plaintiff contends that Defendants invaded Plaintiff's privacy,
including but not limited to intrusion on seclusion, and appropriation of name or likeness.
415 Based on the above facts, Plaintiff contends that Defendants committed fraud and thett
against Plaintiff.
4.16 Based on the above facts, Plaintiff and Defendant Brown Medical Center had a valid and
existing contract or agreement regarding Plaintiffs salary. Defendant Brown breached
that contract or agreement when Defendant Brown failed to pay Plaintiff his wages.
Plaintiff has suffered damages due to Defendant’s unpaid wages to Plaintiff.
4.17 Defendant Brown was unjustly enriched by not paying Plaintiff the monies due and
owing Plaintiff. Plaintiff provided valuable services to Defendant Brown. Defendant
Brown accepted the services of Plaintiff, Defendant was aware that Plaintiff expected to
be paid for those services.
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5. TIMELINESS
=
3.1 Plaintiff filed Plaintiffs lawsuit within the time limits of all asserted claims.
6. NO FEDERAL CLAIMS
6.1 Plaintiff does not assert any federal claims in this proceeding. Additionally, Plaintiffis in
no way seeking damages or remedies that may stem from a federal cause of action.
7. DAMAGES
71 As a direct and proximate result of the aforementioned arbitrary and capricious acts, the
Plaintiff has suffered grievous harm, including. but not limited to, substantial loss of
income; humiliation and embarrassment among co-workers and others; sustained damage
to his credibility and reputation, emotional distress which physically manifested itself to
the point of being a serious medical threat to Plaintift’s health.
8. EXEMPLARY DAMAGES
8.1 Detendants’ actions in discharging Plaintiff were harsh, oppressive and malicious. The
wrong done by Defendants was aggravated by the kind of willfulness, wantonness, and
malice for which the law allows the imposition of exemplary damages. Defendants acted
with an evil intent to harm Plaintiff. The conduct was intentional, with conscious
indifference to the rights of Plaintiff and without justification or excuse. As a direct and
proximate result of the aforementioned arbitrary and capricious acts, the Plaintiff has
suffered grievous harm, including, but not limited to, substantial loss of income;
humiliation and embarrassment among co-workers and others; sustained damage to his
credibility, sustained damage to Plaintiffs prospects for future employment in the
Houston, Texas area, and sustained damage trom the selfcompelled defamation
whenever Plaintiff informs a prospective emplover of the slander or libel perpetuated by
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Defendants. Plaintiff, therefore, seeks exemplary damages in a sum to be determined by
the trier of facts to serve as punishment to deter Defendants from such conduct in similar
situations. In a Sabine Pilot case, the trier of fact may award Plaintiff exemplary
damages.
9 ATTORNEY'S FEES
9.1 Detendants’ action and conduct as described herein and the resulting damage and loss to
Plaintiff has necessitated Plaintiff retaining the services of ROSENBERG &
SPROVACH, 3518 Travis, Suite 200, Houston, Texas 77002 in initiating this proceeding
Plaintiff seeks recovery of reasonable and necessary attorney’s fees.
10. JURY DEMAND
10.1. Plaintiff hereby makes Plaintiffs request for a jury trial in this cause pursuant to Rule 216
of the Texas Rules of Civil Procedure and deposits with the District Clerk of Harris
County, Texas the jury fee of thirty ($30.00) Dollars.
11. PRAYER
111. WHEREFORE, Plaintiff prays the Court order to award such relief including the
following:
11.1.1. Grant Plaintiff actual damages;
11.1.2. Order the Defendants to award Plaintiff back pay,
11.1.3 Order the Defendants to award front pay,
11.1.4, Order Defendant Brown to pay Plaintiff his unpaid wages;
11.1.5 Order the Defendants to award Plaintiff reimbursement in expenses;
11.1.6 Grant Plaintiff pre-judgment and post-judgment interest;
11.1.7. Grant Plaintiff punitive damages for the violations of Common Law,
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11.1.8. Grant Plaintiff general damages for the damage to Plaintiffs reputation;
11.1.9. Damages for mental pain and mental anguish and emotional distress,
11.1.10 Judgment against Defendants, for actual damages sustained by Plaintiff as
alleged herein; and,
111.11 Such other and further relief, at law or in equity, general or special to
which Plaintiff may show himself justly entitled.
Respectfully Submitted,
/s/ Ellen Sprovach
Ellen Sprovach
Texas State Bar ID 24000672
ROSENBERG & SPROVACH
3518 Travis, Suite 200
Houston, Texas 77002
(713) 960-8300 (713) 621-6670
Attomey-in-Charge for Plaintiff
OF COUNSEL:
Gregg M. Rosenberg
ROSENBERG & SPROVACH ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing instrument has been forwarded via certified
mail; retum receipt requested, via hand delivery or via telecopier on this ist day of October
2013 to:
Mr. Joseph M. Grant
THE GRANT LAW FIRM
94 A Drew Street
Houston, Texas 77006
(713) 880-3331
(713) 880-3332 (facsimile)
/s/ Ellen Sprovach
ELLEN SPROVACH
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PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION
Preview
10/18/2013 11:30:40 AM 713-755-1451 Page 2/9 C. A. No. 2013-36016 RAY von PROCTOR, In The Plaintiff, District Court Vv. Harris County, Texas BROWN MEDICAL CENTER INC, f/k/a SURGEON’S MANAGEMENT INC., and| 11" Judicial District CHARLES CAVE Defendant. PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: 1 INTRODUCTION Lt Plaintiff demands a JURY TRIAL in this retaliation case under state Common Law as to any and all issues triable to a jury. Plaintiff alleges Defendant Brown Medical Center violated the Public Policy of the State of Texas when the Defendant took adverse personnel actions against Plaintiff. 1.2 This Court has jurisdiction of the subject matter of this action, pursuant to the state Common Law and the Constitution of the State of Texas. The amount in controversy exceeds the minimal jurisdictional limits of this Court. 2. PARTIES 2.1 Plaintiff is an individual residing in Katy, Harris County, Texas. 2.2. Detendant Brown Medical Center Inc., f/k/a Surgeon’s Management Inc., is a Texas corporation and can be served by serving its agents for service CT Corporation at 350 N. St. Paul Street, Dallas, Texas 75201. This Defendant has been served and answered. Page |l PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION 10/18/2013 11:30:40 AM 713-755-1451 Page 3/9 23 Defendant Charles Cave is an employee of Brown Medical Center Inc., f/k/a Surgeon’s Management Inc. and can be served at his place of employment, 4141 Directors Row, Houston, Texas 77092. This Defendant has been served and answered. 3. MENUE 3.1 Venue of this action is proper in Harris County, Texas pursuant to Texas Civil Practice and Remedies Code 15.002 because Harris County is the county in which all or part of the cause of action occurred. 4. Facts 41 Michael Brown, M.D. hired Plaintiff and Plaintiff began working for Defendant Brown Medical Center on March 29, 2010. Defendant Brown Medical Center promoted Plaintiff to Chief of Staff of all the entities owned by Michael Brown, M.D. Plaintiff at all times reported to Michael Brown, M.D. 4.2 In the fall of 2012, Dr. Brown gave Plaintiff a note and informed Plaintiff how appreciative he was of Plaintiffs work and that he intended for Plaintitf to work for him for a very long time. 43 During the course of Plaintiffs employment, Plaintiff learned that his name was misappropriated and he was listed as president of at least one entity owned by Michael Brown, M.D., MG Brown Company, LLC. Plaintiff was not aware he was to be listed with the Florida Secretary of State as the president of this company nor did Plaintiff give his permission to do so. This company was used to purchase a house for Michael Brown, M_D. in violation of an order issued by a Harris County District Court Judge regarding Michael Brown, M.D. Once Plaintitf learned all these facts he refused to engage in any illegal activity. Page |2 PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION 10/18/2013 11:30:40 AM 713-755-1451 Page 4/9 44 During the course of Plaintiff's employment, Defendant’s agent, Charles Cave, stole and misappropriated Plaintiffs personal information and social security number in order to secure $600,000 of credit for Defendant Brown Medical Center (funds that could be funneled to Dr. Brown) without informing Plaintiff. Plaintiff only learned of this theft and fraud when American Express informed him and restricted spending on his personal account to no more than $5,000.00. Plaintiff bore the financial responsibility for this account. Defendant did spend money using Plaintiff's personal credit. Defendant’s illegal use of funds through Plaintiff caused Plaintiff a great deal of stress, much which manifested physically, requiring medication and doctor’s visits and a very serious threat to Plaintiffs health. Defendant’s illegal use of Plaintiff's personal information to obtain eredit and funds through that credit damaged Plaintitt’s credit with American Express. Plaintiff refused to participate in this illegal activity. 4.5 During the course of Plaintiffs employment Detendant again attempted to purchase an eight (8) million dollar house for Dr. Brown. This purchase was again in violation of a Harris County District Court’s Order. Plaintiff refused to participate in this illegal activity. 46 During the course of Plaintiff's employment, Dr. Brown sent Plaintiff a memo ordering them to stop paying the staff support payments for his ex-wife during a contentious divorce or he would “fire your ass.” This was a direet violation of the temporary orders for support. Plaintiff refused to engage in this illegal activity. 47. During the course of Plaintiff's employment, two female employees of Dr. Brown produced statements alleging that Dr. Brown sexually assaulted an unconscious woman on his boat in the presence of others. A concern was brought up by others of the potential Page|3 PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION 10/18/2013 11:30:40 AM 713-755-1451 Page 5/9 impact of that these statements could have on the pending British Airways criminal case against Dr. Brown!. When discussions of paying these women money ensued so they would not go forward with the complaints or charges as they could possibly hurt the criminal case against Dr. Brown, Plaintiff specitically refused to engage in any conduct of extortion or obstruction of justice, or interfere with any potential criminal charges. 48 During the course of Plaintif{’s employment, Plaintiff refused to obtain or be involved in obtaining prescriptions for Dr. Brown using employees. 49 It was only after Plaintiff refused to engage in illegal activities that Defendant Brown Medical Center demoted Plaintiff from Chief of Staff to Director of Personal Asset Management.” Defendant Brown Medical Center also retroactively reduced Plaintiff's salary, essentially cutting it to less than half and eliminating Plaintiff’s bonus. Plaintitf had worked his agreed to hours at his agreed to salary and Defendant Brown Medical Center did not pay Plaintiff for all time work. Defendant reduced Plaintiffs salary retroactively after Plaintiff worked and should have been paid for the work. Defendant owes Plaintiffhis retroactive salary. 4.10. Very recently during the course of Plaintiff's employment, Plaintiff, as Director of Dr. Brown's personal asset management, did not renew the lease on Dr. Brown’s Central Park apartment pursuant to directives. Despite this non-renewal, Dr. Brown paid cash, for a year in advance (in excess of $200,000.00) for the year lease of this apartment. This cash transaction is in violation of both the Harris County District Court order and the TA flight attendant accused Dr. Brown of making sexual comments towards her and choking her. * Michael Brown M.D. and his companies are under a CRO agreement pursuant to a Bankruptcy court order. Plaintiff began reporting to the CRO in March 2013. David Grange is the CRO and informed Plaintiff that he was demoted, Though the idea of the agreement is to save money and the keep Brown and his entities out of bankruptcy, Mr. Grange’s company takes a fee, Mr. Grange is paid individually, Mr. Grange’s employees from North Carolina are paid and Mr. Grange and the employees are commuting from North Carolina, Florida and other states to Texas and returning home with their expenses paid. Plaintiff reported these illegal activities and his refusal to perform them to David Grange. Page |4 PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION 10/18/2013 11:30:40 AM 713-755-1451 Page 6/9 Federal Bankruptcy Order in place against Dr. Brown and his companies. Plaintiff refused to engage in this activity or keeping Dr. Brown’s cash transaction (as he filed pleadings in bankruptcy court swearing he did not have this kind of cash on hand) a secret from the authorities, including any bankruptcy trustees. 4.11 On September 18, 2013, Defendant Brown Medical Center terminated Plaintiff. 4.12 Based on the above facts, Plaintiff contends that Defendant Brown Medical Center violated the public policy of the State of Texas as expressed by the Texas Supreme Court in Sabine Pilot Service, Inc. v. Hauck 637 SW. 2d 733 (Tex. 1985) because Plaintiff refused to assist Defendants in any illegal activities which carry a criminal penalty. 4.13 Based on the above facts, Plaintiff contends that Defendants committed intentional infliction of emotional distress against Plaintiff. 4.14 Based on the above facts, Plaintiff contends that Defendants invaded Plaintiff's privacy, including but not limited to intrusion on seclusion, and appropriation of name or likeness. 415 Based on the above facts, Plaintiff contends that Defendants committed fraud and thett against Plaintiff. 4.16 Based on the above facts, Plaintiff and Defendant Brown Medical Center had a valid and existing contract or agreement regarding Plaintiffs salary. Defendant Brown breached that contract or agreement when Defendant Brown failed to pay Plaintiff his wages. Plaintiff has suffered damages due to Defendant’s unpaid wages to Plaintiff. 4.17 Defendant Brown was unjustly enriched by not paying Plaintiff the monies due and owing Plaintiff. Plaintiff provided valuable services to Defendant Brown. Defendant Brown accepted the services of Plaintiff, Defendant was aware that Plaintiff expected to be paid for those services. Page |S PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION 10/18/2013 11:30:40 AM 713-755-1451 Page 7/9 5. TIMELINESS = 3.1 Plaintiff filed Plaintiffs lawsuit within the time limits of all asserted claims. 6. NO FEDERAL CLAIMS 6.1 Plaintiff does not assert any federal claims in this proceeding. Additionally, Plaintiffis in no way seeking damages or remedies that may stem from a federal cause of action. 7. DAMAGES 71 As a direct and proximate result of the aforementioned arbitrary and capricious acts, the Plaintiff has suffered grievous harm, including. but not limited to, substantial loss of income; humiliation and embarrassment among co-workers and others; sustained damage to his credibility and reputation, emotional distress which physically manifested itself to the point of being a serious medical threat to Plaintift’s health. 8. EXEMPLARY DAMAGES 8.1 Detendants’ actions in discharging Plaintiff were harsh, oppressive and malicious. The wrong done by Defendants was aggravated by the kind of willfulness, wantonness, and malice for which the law allows the imposition of exemplary damages. Defendants acted with an evil intent to harm Plaintiff. The conduct was intentional, with conscious indifference to the rights of Plaintiff and without justification or excuse. As a direct and proximate result of the aforementioned arbitrary and capricious acts, the Plaintiff has suffered grievous harm, including, but not limited to, substantial loss of income; humiliation and embarrassment among co-workers and others; sustained damage to his credibility, sustained damage to Plaintiffs prospects for future employment in the Houston, Texas area, and sustained damage trom the selfcompelled defamation whenever Plaintiff informs a prospective emplover of the slander or libel perpetuated by Page |6 PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION 10/18/2013 11:30:40 AM 713-755-1451 Page 8/9 Defendants. Plaintiff, therefore, seeks exemplary damages in a sum to be determined by the trier of facts to serve as punishment to deter Defendants from such conduct in similar situations. In a Sabine Pilot case, the trier of fact may award Plaintiff exemplary damages. 9 ATTORNEY'S FEES 9.1 Detendants’ action and conduct as described herein and the resulting damage and loss to Plaintiff has necessitated Plaintiff retaining the services of ROSENBERG & SPROVACH, 3518 Travis, Suite 200, Houston, Texas 77002 in initiating this proceeding Plaintiff seeks recovery of reasonable and necessary attorney’s fees. 10. JURY DEMAND 10.1. Plaintiff hereby makes Plaintiffs request for a jury trial in this cause pursuant to Rule 216 of the Texas Rules of Civil Procedure and deposits with the District Clerk of Harris County, Texas the jury fee of thirty ($30.00) Dollars. 11. PRAYER 111. WHEREFORE, Plaintiff prays the Court order to award such relief including the following: 11.1.1. Grant Plaintiff actual damages; 11.1.2. Order the Defendants to award Plaintiff back pay, 11.1.3 Order the Defendants to award front pay, 11.1.4, Order Defendant Brown to pay Plaintiff his unpaid wages; 11.1.5 Order the Defendants to award Plaintiff reimbursement in expenses; 11.1.6 Grant Plaintiff pre-judgment and post-judgment interest; 11.1.7. Grant Plaintiff punitive damages for the violations of Common Law, Page |7 PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION 10/18/2013 11:30:40 AM 713-755-1451 Page 9/9 11.1.8. Grant Plaintiff general damages for the damage to Plaintiffs reputation; 11.1.9. Damages for mental pain and mental anguish and emotional distress, 11.1.10 Judgment against Defendants, for actual damages sustained by Plaintiff as alleged herein; and, 111.11 Such other and further relief, at law or in equity, general or special to which Plaintiff may show himself justly entitled. Respectfully Submitted, /s/ Ellen Sprovach Ellen Sprovach Texas State Bar ID 24000672 ROSENBERG & SPROVACH 3518 Travis, Suite 200 Houston, Texas 77002 (713) 960-8300 (713) 621-6670 Attomey-in-Charge for Plaintiff OF COUNSEL: Gregg M. Rosenberg ROSENBERG & SPROVACH ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing instrument has been forwarded via certified mail; retum receipt requested, via hand delivery or via telecopier on this ist day of October 2013 to: Mr. Joseph M. Grant THE GRANT LAW FIRM 94 A Drew Street Houston, Texas 77006 (713) 880-3331 (713) 880-3332 (facsimile) /s/ Ellen Sprovach ELLEN SPROVACH Page |8 PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION