On August 27, 2012 a
Motion,Ex Parte
was filed
involving a dispute between
Albert, Laurence,
Brinsdon, Beth,
Swamplot Industries Llc,
Thuesen, Mark,
Thuesen, Mark L,
and
2520 Robinhood At Kirby Condominium Association Inc,
Albert, Laurence David,
Amerisure Insurance Company,
Brinsdon, Beth Anne,
Creative Management Company Inc,
Doyle, Michael Patrick,
Doyle Raizner Llp,
Malisow, Craig Phillip,
Raizner, Jeffrey Lewis,
Swamplot Industries Llc,
Thuesen, Mark L,
Carpenter, Aaron Neil,
Garcia, Candace,
Schoolar, Catherine E,
for MALICIOUS PROSECUTION
in the District Court of Harris County.
Preview
Filed 13 March 15 P4:06
Chris Daniel - District Clerk
Harris Count
ED101) 017380027
By: Wanda Chambers
CAUSE NO. 2012-49262
SWAMPLOT INDUSTRIES LLC, IN DISTRICT COURT OF
LAURENCE DAVID ALBERT, BETH
ANNE BRINSDON
Plaintiffs
vS.
2520 ROBINHOOD AT KIRBY
CONDOMINIUM ASSOCIATION, INC. HARRIS COUNTY, TEXAS
ET AL.
Defendants
vs.
CATHERINE E. SCHOOLAR, Individually and §
CANDACE GARCIA, Individually and §
AARON NEIL CARPENTER, Individually and §
CRAIG PHILLIP MALISOW, Individually §
§
Third-Party Defendants § 1518? JUDICIAL DISTRICT
DEFENDANT’S SUPPLEMENT TO DEFENDANT’S MOTION FOR RECONSIDERATION,
MOTION TO STAY, AND MOTION TO REOPEN FOR ADDITIONAL EVIDENCE
COMES NOW, Defendant Mark Thuesen (“Thuesen”) files this his Defendant’s Supplement to
Defendant’s Motion for Reconsideration, Motion to Stay, and Motion to Reopen for Additional
Evidence pursuant to Texas Rules of Civil Procedures 270. In support thereof, Thuesen would
respectfully show unto the Court as follows:
Defendant/Third-Party Plaintiff Thuesen supplements the following affidavit:
AFFIDAVIT OF DEFENDANT/THIRD-PARTY PLAINTIFF THUESEN
STATE OF TEXAS §
HARRIS COUNTY §
Before me, the undersigned notary, on this day personally appeared Mark Thuesen, the affiant, a
person whose identity is known to me. After I administered an oath to affiant, affiant testified:
1 “My name is Mark Thuesen. I am capable of making this affidavit. The facts stated in this
document are within my personal knowledge, are true and correct, and I am personally
acquainted with the facts herein stated. I am competent to testify to the matters stated herein.
Exhibits A, B, C, D, E, F, G, H, I, J, K, L, M, and O are exact duplicates of the originals, and are
true and correct copies of the originals. I] am a Defendant/Third-Party Plaintiff in the above-
referenced matter.
I do not owe attorney fees to Third-Party Defendant Schoolar and Garcia. The attorney fees
requested by Third-Party Defendant Schoolar and Garcia are not reasonable and necessary fees.
I do not owe attorney fees to Third-Party Defendant Malisow. The attorney fees requested by
Third-Party Defendant Malisow are not reasonable and necessary fees.
Third-Party Defendant Malisow’s exhibits “C-1” and “C-2” in his “Motion to Dismiss of Third-
Party Defendant Craig Malisow”, filed February 5, 2013, are not true and correct copies of the
originals nor are they exact duplicates of the originals. Pursuant to the Texas Rules of Evidence,
exhibits “C-1” and “C-2” are not true and correct copies of authenticated originals. The content
of exhibits “C-1” and “C-2” are not true and correct copies of the entire content of the originals.
Third-Party Defendant Malisow is not the custodian of business records for exhibits “C-1” and
“C-2”, nor does he provide any chain of custody.
I gave the process server the citation, original petition, 12 questions for interrogatories, 82
requests for production, and a request for disclosure, all of which were given to Third-Party
Defendant Schoolar when she was served.
I gave the process server the citation, original petition, 12 questions for interrogatories, 82
requests for production, and a request for disclosure, all of which were given to Third-Party
Defendant Garcia when she was served.
7. I gave the process server the citation, original petition, 18 questions for interrogatories, 54
requests for production, and a request for disclosure, all of which were given to Third-Party
Defendant Malisow when he was served.
I never individually filed suit against Swamplot Industries LLC, Laurence Albert, Beth Brinsdon,
nor Catherine Schoolar nor any of their aliases in any prior or underlying suit. Thus I never
benefited from nonsuiting these parties in the past.”
lok Dita
Mark Thuesen
Swom to and subscribed before me by Mark Thuesen on_{ Vere 1 FA _,2013
CZ, CY
=¥ i= = 2?
*49
Nota Public in and for
CYNTHIA D WATSON
wy
The State of Texas
Notary Public
State of Texas
My Comm. Exp. Sf O/16 My commission expires Sepfemboer 1,201 b
Prayer
For these reasons, Defendant/Third-Party Plaintiff Thuesen asks the court STAY the ORDERS
dated March 4, 2013, and to GRANT Defendant/Third-Party Plaintiff's Motion for Reconsideration
and Motion to Reopen for Additional Evidence, and vacate the March 4, 2013 orders, and to grant
such other and further relief, legal and equitable, general or special, to which he may show himself
to be justly entitled.
Respectfully submitted,
/s/ Mark Thuesen
Mark Thuesen, Pro se
P.O. BOX 540365
Houston, Texas 77254
Telephone: (585) 300-5793
Email: xtraderweb@hotmail.com
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and foregoing instrument was served on the parties
listed below, through counsel of record, on this 15th day of March 2013.
Michael Patrick Doyle
DOYLE RAIZNER LLP
1221 McKinney, Suite 4100
Houston, Texas 77010
Telephone: 713-571-1146
Facsimile: 713-571-1148
Plaintiff attorneys for Swamplot Industries LLC, Laurence David Albert, and Beth Anne Brinsdon
Alex B. Roberts
BECK, REDDEN & SECREST, L.L.P.
1221 McKinney, Suite 4500
Houston, Texas 77010
Telephone: 713-951-3700
Facsimile: 713-951-3720
Defendant attorney for2520 Robinhood At Kirby Condominium Association, Inc. and Creative
Management Company, Inc.
M. Andrew Seerden
THE SEERDEN LAW FIRM, PLLC
2311 Canal Street, Suite 214
Houston, Texas 77007
Telephone: 713-526-6700
Facsimile: 713-526-6704
Third-Party Defendant attorney for Catherine E. Schoolar and Candace Garcia
James A. Hemphill
GRAVES, DOUGHERTY, HEARON & MOODY, P.C.
401 Congress Ave., Suite 2200
Austin, Texas 78701
Telephone: 512-480-5762
Facsimile: 512-536-9907
Third-Party Defendant attorney for Craig Phillip Malisow
/s/ Mark Thuesen
Mark Thuesen, Pro se
Preview
Filed 13 March 15 P4:06 Chris Daniel - District Clerk Harris Count ED101) 017380027 By: Wanda Chambers CAUSE NO. 2012-49262 SWAMPLOT INDUSTRIES LLC, IN DISTRICT COURT OF LAURENCE DAVID ALBERT, BETH ANNE BRINSDON Plaintiffs vS. 2520 ROBINHOOD AT KIRBY CONDOMINIUM ASSOCIATION, INC. HARRIS COUNTY, TEXAS ET AL. Defendants vs. CATHERINE E. SCHOOLAR, Individually and § CANDACE GARCIA, Individually and § AARON NEIL CARPENTER, Individually and § CRAIG PHILLIP MALISOW, Individually § § Third-Party Defendants § 1518? JUDICIAL DISTRICT DEFENDANT’S SUPPLEMENT TO DEFENDANT’S MOTION FOR RECONSIDERATION, MOTION TO STAY, AND MOTION TO REOPEN FOR ADDITIONAL EVIDENCE COMES NOW, Defendant Mark Thuesen (“Thuesen”) files this his Defendant’s Supplement to Defendant’s Motion for Reconsideration, Motion to Stay, and Motion to Reopen for Additional Evidence pursuant to Texas Rules of Civil Procedures 270. In support thereof, Thuesen would respectfully show unto the Court as follows: Defendant/Third-Party Plaintiff Thuesen supplements the following affidavit: AFFIDAVIT OF DEFENDANT/THIRD-PARTY PLAINTIFF THUESEN STATE OF TEXAS § HARRIS COUNTY § Before me, the undersigned notary, on this day personally appeared Mark Thuesen, the affiant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified: 1 “My name is Mark Thuesen. I am capable of making this affidavit. The facts stated in this document are within my personal knowledge, are true and correct, and I am personally acquainted with the facts herein stated. I am competent to testify to the matters stated herein. Exhibits A, B, C, D, E, F, G, H, I, J, K, L, M, and O are exact duplicates of the originals, and are true and correct copies of the originals. I] am a Defendant/Third-Party Plaintiff in the above- referenced matter. I do not owe attorney fees to Third-Party Defendant Schoolar and Garcia. The attorney fees requested by Third-Party Defendant Schoolar and Garcia are not reasonable and necessary fees. I do not owe attorney fees to Third-Party Defendant Malisow. The attorney fees requested by Third-Party Defendant Malisow are not reasonable and necessary fees. Third-Party Defendant Malisow’s exhibits “C-1” and “C-2” in his “Motion to Dismiss of Third- Party Defendant Craig Malisow”, filed February 5, 2013, are not true and correct copies of the originals nor are they exact duplicates of the originals. Pursuant to the Texas Rules of Evidence, exhibits “C-1” and “C-2” are not true and correct copies of authenticated originals. The content of exhibits “C-1” and “C-2” are not true and correct copies of the entire content of the originals. Third-Party Defendant Malisow is not the custodian of business records for exhibits “C-1” and “C-2”, nor does he provide any chain of custody. I gave the process server the citation, original petition, 12 questions for interrogatories, 82 requests for production, and a request for disclosure, all of which were given to Third-Party Defendant Schoolar when she was served. I gave the process server the citation, original petition, 12 questions for interrogatories, 82 requests for production, and a request for disclosure, all of which were given to Third-Party Defendant Garcia when she was served. 7. I gave the process server the citation, original petition, 18 questions for interrogatories, 54 requests for production, and a request for disclosure, all of which were given to Third-Party Defendant Malisow when he was served. I never individually filed suit against Swamplot Industries LLC, Laurence Albert, Beth Brinsdon, nor Catherine Schoolar nor any of their aliases in any prior or underlying suit. Thus I never benefited from nonsuiting these parties in the past.” lok Dita Mark Thuesen Swom to and subscribed before me by Mark Thuesen on_{ Vere 1 FA _,2013 CZ, CY =¥ i= = 2? *49 Nota Public in and for CYNTHIA D WATSON wy The State of Texas Notary Public State of Texas My Comm. Exp. Sf O/16 My commission expires Sepfemboer 1,201 b Prayer For these reasons, Defendant/Third-Party Plaintiff Thuesen asks the court STAY the ORDERS dated March 4, 2013, and to GRANT Defendant/Third-Party Plaintiff's Motion for Reconsideration and Motion to Reopen for Additional Evidence, and vacate the March 4, 2013 orders, and to grant such other and further relief, legal and equitable, general or special, to which he may show himself to be justly entitled. Respectfully submitted, /s/ Mark Thuesen Mark Thuesen, Pro se P.O. BOX 540365 Houston, Texas 77254 Telephone: (585) 300-5793 Email: xtraderweb@hotmail.com CERTIFICATE OF SERVICE I certify that a true and correct copy of the above and foregoing instrument was served on the parties listed below, through counsel of record, on this 15th day of March 2013. Michael Patrick Doyle DOYLE RAIZNER LLP 1221 McKinney, Suite 4100 Houston, Texas 77010 Telephone: 713-571-1146 Facsimile: 713-571-1148 Plaintiff attorneys for Swamplot Industries LLC, Laurence David Albert, and Beth Anne Brinsdon Alex B. Roberts BECK, REDDEN & SECREST, L.L.P. 1221 McKinney, Suite 4500 Houston, Texas 77010 Telephone: 713-951-3700 Facsimile: 713-951-3720 Defendant attorney for2520 Robinhood At Kirby Condominium Association, Inc. and Creative Management Company, Inc. M. Andrew Seerden THE SEERDEN LAW FIRM, PLLC 2311 Canal Street, Suite 214 Houston, Texas 77007 Telephone: 713-526-6700 Facsimile: 713-526-6704 Third-Party Defendant attorney for Catherine E. Schoolar and Candace Garcia James A. Hemphill GRAVES, DOUGHERTY, HEARON & MOODY, P.C. 401 Congress Ave., Suite 2200 Austin, Texas 78701 Telephone: 512-480-5762 Facsimile: 512-536-9907 Third-Party Defendant attorney for Craig Phillip Malisow /s/ Mark Thuesen Mark Thuesen, Pro se