Michael A. Alex v. Brownsville Independent School District ( 2015 )


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  • Appellate Docket Number: jl3-14-00643-CV
    i
    Appellate Case Style:             Michael A. Alex                                                                                   .
    Vs   '                                                                                                                . - . . . . - . . ---     -   -
    Brownsville Independent School District                                                                                          pit PH
    Companion Case No.: 2010-DCL-8142                                                                                                                                 EDINBURG
    JAN 2 6 2015 ~ \                   \
    DORIAN E. BAW/tfeZ, CLERK
    Amended/corrected statement:                             DOCKET ING                   STATEMENT (Civil)                                 BY                         ty] V \
    Appellate Court: j 3th Coutt of Appeals                                                                         (
    (to be filed in the court o f appeals upon perfection of appeal under TRAP 32)
    I. Appellant                                                                           II. Appellant Attorney(s)
    ^ Person Q Organization (choose one)                                                   [*~1    Lead Attorney
    First Name:
    First Name:          Michael                                                           Middle Name: [
    Middle Name: JA.                                                                  j    Last Name:   }                                                                                  "j
    Last Name:           JAlex                                                    J        Suffix: |          J
    Suffix: |                                                                              Law Firm Name:["""                                                                              j
    ProSe: ®                                                                               Address 1:
    Address I:          ;4 Sybil Drive                                                     Address 2:
    Address 2:          '[                                                       •|        City:                          [_
    City:     ...        Brownsville                                                       State:     jTexas                                     ] Zip+4:                 "              • I
    State:     [Texas                        jZip+4 [78520                   •
    Telephone:                                                            j ext.
    Telephone:           956-350-4331                ext.                                  Fax:
    —•—-""*-—••'•                          ••""—-—   •••
    Fax:                                                                                   Email:
    Email:      kikbutinc@yahoo.com                                                        SBN:
    III. Appellee                                                                          IV. Appellee Attorney(s)
    r~l Person ^Organization (chooseone)                                                   [>xl    Lead Attorney
    Organization Name: Brownsville Independent School District                        )    First Name:                    Stacy
    First Name:                                                                            Middle Name: fluer
    Middle Name:                                                                           Last Name:                     Castillo
    Last Name:                                                                             Suffix:
    Suffix:                  31                                                            Law Firm Name: jWalsh, Anderson, Gallegos, Green &Trevino,
    ProSe: O                                                                               Address 1:                     {100 NE Loop 410
    Address 2:                     Suite 900
    City:                          San Antonio
    RECEIVED                                        State:
    Telephone:
    [Texas
    210-979-6633
    1 Zip+4: (78216
    }ext
    JAN 2 6 2015                                 Fax:       210-979-7024
    13TH COURT OFAPPEALS                             Email:     scastillo@wabsa.com
    SBN:       00796322
    i                                                           i
    Pagel of 7
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    O^jfesSna(Sir^GjpSErDi^-?!1 uuTisaictionl                                                            $E*
    Nature of Case (Subject matter or type of case): ^fferlEinplr^fBaTt*: *' >s                    "
    Date order orjudgment signed: "oberj20^S;i"|"d                           Type ofjudgment: Jury Triai:/                                       •mM
    Date notice ofappeal filed in trial court: ^S"^WW""llii"""rfTif"^
    If mailed tothe trial court clerk, also give the date mailed: ^pjl|j""""^
    Interlocutory appeal of appealable order: • Yes ^ No
    If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
    '77TSP"^m»4^S
    mtmm&r",       i
    Accelerated appeal (See TRAP 28):                   • Yes ^ No
    HHi Z"l&L^SL.     ^
    Parental Termination or Child Protection? (See TRAP 28.4): • Yes g]No
    Permissive? (See TRAP 28.3):                         • Yes Kl No
    If yes, please specify statutory or other basis for such status;
    flStf
    Agreed? (See TRAP 28.2):                             D Yes ^ No
    If yes, please specify statutory or other basis for such status:
    Appeal should receive precedence, preference, orpriority under statute orrule:                             O Yes £><] No
    If yes, please specify statutory or other basis for such status:
    Doesthis case involve an amount under$100,000?                  •   Yes £<]No
    Judgment or order disposes of allparties andissues: £R] Yes (~|No
    Appeal fromfinaljudgment:                                       ^ Yes • No
    Does theappeal involve theconstitutionality or the validity of a statute, rule, or ordinance?                                    •   Yes E^No
    m.-,     • mm
    §M$pMM4&k vj                                     *jV %-*v2*\              $$$&j||||*
    Motion for New Trial:                 |g|Yes •           No            Tfyes, date filed
    Motion to Modify Judgment:            •Yes           g|No              If yes, date filed
    Request for Findings of Fact          • Yes H|No                       Tfyes, date filed
    and Conclusions of Law:
    •Yes           El No             If yes, date filed
    Motion to Reinstate:
    • Yes JE No                      Tfyes, date filed
    Motion under TRCP 306a:
    Other:                                 • Yes            No
    If other, please specify:
    r^V*.^j'j:'-^-.:-J".mlui:-.Ji>.iif'i Sl'-ii;
    1fo®g^<^tM&(j&^ ififetani nedfatpyjofjaffida^                                                                                                 "^B^fe"^P
    Affidavit filed in trial court:       •     Yes •       No            If yes, date filed: mi                                         mm
    mmmm
    Contest filed in trial court:         •Yes           QNo              Ifyes, date filed: ^ • ^                               ,          ]
    Date ruling on contest due:
    Ruling on contest: • Sustained              •       Overruled         Date of ruling:
    Page 2 of 7
    Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal?                                            • Yes        No
    If yes, please attach a copy of the petition.
    Date bankruptcy filed:                                                                               Bankruptcy Case Number:
    mm
    H
    Court:     ji|Hfi^Di^i"""i^                                                                        mm
    Clerk's Record:
    County: M"f^'lll' „,                                     '..-•#j|&|                                        Trial Court Clerk:     gj District •   County
    Trial Court Docket Number (Cause No.)- 20T0M"1P1                                                          Was clerk's record requested?        ^] Yes •    No
    Trial Judge (who tried or disposed of case):                                                                If no, date it will be requested:
    First Name:               Alex'                                                                             Were payment arrangements made with clerk?
    Middle Name: Wy- y;r»                                           ' JSJH|                                                                             •Yes gjNo • Indigent
    Last Name:                Gabert^                            XfPS^l^'
    (Note: No request required under TRAP 34.5(a),(b))
    Suffix:
    .'^p^''!'
    Address 1:                  R:0$Bbx|726fW
    Address 2 :                   ?•_•_>$;>m
    r;-rj                                 flsSAfe?"*** 2Sg@ "11 j
    City:                       HgMjCirf                                       *'-'\'^   ', •
    State: £ ^ P M ^ ^ Zip +4:
    4: |858|
    78582
    Telephone:                                                              ext.
    Fax:      r- . • ^ . , . •,.,•..*.-,..   r-.r---.ir'1 -..y-.-j:.---TJ
    Email:
    Reporter's or Recorder's Record:
    Is there a reporter's record?                                           £3 Yes •     No
    Was reporter's record requested?                                        D3 Yes • No
    Was therea reporter's recordelectronically recorded? ££] Yes •                                             No
    Tfyes. date requested: 0ctobef$lgp2O,l
    If no, date it will be requested:                                        SMS                L*L_-~
    Were payment arrangements made with the court reporter/court recorder? rn Yes ^No • Indigent
    Page 3 of 7
    §3 Court Reporter                         •     Court Recorder
    •   Official                              I I Substitute
    First Name:        Michelle
    Middle Name:
    Last Name:         Cardenas
    Suffix:                     i
    Address 1:         974 E. Harrison Street
    Address 2:         Judicial Building, Third Floor
    City:              Brownsville
    State:    (Texas                      Zip + 4: 78520
    Telephone:      956-544-0877             ext.
    Fax:
    Email:
    X. Supersedeas Bond
    Supersedeas bondfiled: • Yes            No       If yes, date filed:
    Will file: • Yes |g No
    XI. Extraordinary Relief
    Will yourequest extraordinary relief(e.g. temporary or ancillary relief) from thisCourt?             • Yes ^ No
    Tfyes, briefly state the basis for your request: 1
    XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, 11th, 12th, 13th,
    or 14th Court of Appeal)
    Should this appeal be referred to mediation?               Yes QNo
    Ifno, please specify:}
    Hasthe case beenthrough an ADR procedure? [XjYes • No
    Tfyes, who was the mediator? Don Wittig
    What type of ADR procedure?        Mediation
    At what stage did the case go through ADR?             )Pre-Trial      •    Post-Trial   •   Other
    If other, please specify:
    Type of case?      Employment Discrimination
    Givea briefdescription of the issueto be raised on appeal, the reliefsought, and the applicable standard for review, if known (without
    prejudice to the right to raise additional issues or request additional relief):
    Howwas the case disposed of?         [Trial
    Summary of relief granted, including amount of moneyjudgment, and if any, damagesawarded. Judgement in favor of Brownsville TSD
    and awarded attorney fees
    Tfmoneyjudgment, what was the amount? Actual damages:                      $0.00
    Punitive (or similar) damages: $0.00
    Page 4 of 7
    Attorney's fees(trial):   MM3WMM^M
    Attorney's fees (appellate): "^.flZZ"^S
    Ifomer, please specify^ourtJawardedsBrownsviUepDiS'lSSiOOO^1            1anorn     ses a.s    :ll as eo
    Will youchallenge thisCourt's jurisdiction?      • Yes £><3 No
    Does judgment have language that one or more parties "take nothing"?          Yes •     No
    Does judgment havea Mother Hubbard clause? • Yes £<] No
    Other basis for finality? EinaIfiudgemen"iuny^er^dict;
    Rate thecomplexity of thecase(use 1 forleastand 5 for most complex): •           1 • 2         3 Q4 Q5
    Please make my answer to the preceding questions known to other parties in this case.         • Yes G3 No
    Can the parties agree on an appellate mediator? • Yes •       No
    If yes, please give name, address, telephone, fax and email address:
    Name                           Address                      Telephone                        Fax                      Email
    Languages other than English in which the mediator should be proficient:           IHHI
    Name ofperson filing out mediation section ofdocketing statement: | |
    List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.
    Trial Court: p|j,l]^S^ncgi""am"S
    mm$
    11                                        ^      m
    Page 5 of 7
    XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd; 5th, or 14th Courts of Appeals)
    The Courts ofAppeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar
    Associations, are conductinga program to place a limited number of civil appeals with appellate counselwho will representthe appellant in
    the appeal before this Court.
    The Pro Bono Committee is solely responsiblefor screeningand selectingthe civil cases for inclusionin the Programbased upon a number of
    discretionary criteria, including the financial means of the appellant or appellee. Ifa case is selected by the Committee, and can be matched
    with appellatecounsel,that counselwill take over representation of the appellantor appelleewithout charginglegal fees. More information
    regardingthis program can be found in the Pro Bono Program Pamphletavailable in paper form at the Clerk's Office or on the Internetat
    www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within
    thirty (30) to forty-five (45) days after submitting this Docketing Statement.
    Note: there is no guarantee that if you submityour case for possible inclusionin the Pro Bono Program,the Pro Bono Committeewill select
    your caseand that pro bono counsel can be found to represent you. Accordingly, you shouldnot forego seeking othercounsel to represent you
    in this proceeding. By signingyour name below,you are authorizingthe Pro Bono committeeto transmit publiclyavailable facts and
    information aboutyour case, including parties and background, throughselected Internetsites and Listservto its pool ofvolunteer appellate
    attorneys.
    Do youwantthis case to be considered for inclusion in the Pro BonoProgram?               •   Yes •    No
    Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have
    regarding the appeal? • Yes • No
    Please note that any such conversations would be maintained as confidential by the Pro Bono Committeeand the informationused solely for
    the purposes of considering the case for inclusion in the Pro Bono Program.
    Ifyou have not previously filed an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of
    the U.S. Departmentof Health and Human Services Federal Poverty Guidelines?             • Yes • No
    These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml.
    Are you willing todisclose your financial circumstances tothe Pro Bono Committee? • Yes • No
    If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's
    Office or on the internetat http://www.tex-app.org. Your participation in the Pro Bono Programmay be conditioned uponyour execution of
    an affidavit under oath as to your financial circumstances.
    Give a brief description ofthe issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without
    prejudice to die right to raise additional issues or request additional relief; use a separate attachment, if necessary).
    XV. Signature
    Signature of counsel (or pro se party)                                                   Date:             January .19,2015
    Printed Name: Michael A. Alex                                                            State Bar No.:
    Electronic Signature: Michael A. Alex
    (Optional)        k'""~ ~
    Page 6 of 7
    The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial
    court's order or judgment as follows on
    Signature of counsel (or pro se party)                                   Electronic Signature: """""""""^H
    (Optional)
    State Bar No.:
    Person Served
    Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must
    state:
    (1) the date and manner of service;
    (2) the name and address of each person served, and
    (3) ifthe person served is a party's attorney, the name of the party represented by that attorney
    Please enter the following for each person served:
    Date Served:
    Manner Served: ^gu^Mail
    First Name:      §tac|
    Middle Name:     __
    Last Name:       @astmo
    Suffix:
    Telephone: MBJTJ **•
    Fax:    m$mM
    Email:
    If Attorney, Representing Party's Name:
    Page 7 of 7
    

Document Info

Docket Number: 13-14-00643-CV

Filed Date: 1/27/2015

Precedential Status: Precedential

Modified Date: 9/28/2016