Court Filings
Data license: Public court records
2 rows where doc_type = "RSP" and phase = "Phase 1" sorted by date descending
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| filing_id | date ▲ | doc_type | party | description | doc_type_detail | procedural_posture | chain | outcome | phase | filename | relief_requested | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 15 | 2018-12-26 | RSP | Pohl | Pohl’s response to supp. TCPA motion | Pohl's combined notice of mandatory stay, response in opposition to motion for leave to file late TCPA motion, and response in opposition to Favre/Precision's TCPA Motion to Dismiss | Filed December 26, 2018 in Cause No. 2018-58419, 189th Judicial District Court, Harris County, Texas. Filed after Kassab's TCPA motion was denied by operation of law and Kassab noticed an interlocutory appeal on December 18, 2018. Pohl argues a mandatory stay bars consideration of the Favre/Precision TCPA motion. This response addresses both the timeliness of the Favre/Precision motion (filed after the 60-day TCPA deadline) and the merits of the TCPA dismissal arguments. | TCPA-1 | N/A | Phase 1 | 2018-12-26_RSP_Pohl-Response-to-Supp-MTD-TCPA_FILED.pdf | Deny the Motion for Leave to file late TCPA motion; deny the Motion to Dismiss as untimely and on the merits; deny attorney's fees | 12/26/2018 11:52 AM Chris Daniel - District Clerk Harris County Envelope No. 29957412 By: Deandra Mosley Filed: 12/26/2018 11:52 AM CAUSE NO. 2018-58419 MICHAEL A. POHL AND LAW OFFICE OF § IN THE DISTRICT COURT OF MICHAEL A. POHL, PLLC, § Plaintiffs, § V. § k § e SCOTT FAVRE and SCOTT M. FAVRE PA, § l LLC; PRECISION MARKETING GROUP, § HARRIS COUNTY, TEXAS LLC; LANCE CHRISTOPHER KASSAB and § c LANCE CHRISTOPHER KASSAB, P.C. d/b/a § r THE KASSAB LAW FIRM; TINA § s NICHOLSON and BAKER NICHOLSON, § D LLP d/b/a BAKER NICHOLSON LAW § s FIRM; and DOUGLAS MONTAGUE III and § s MONTAGUE PITTMAN & VARNADO, P.A., § Defendants. § r189TH JUDICIAL DISTRICT PLAINTIFFS MICHAEL POHL AND LAW OFFICE OF MICHAEL A. POHL’S NOTICE OF MANDATORY STAY OF ALL PROCEEDINGS, RESPONSE IN OPPOSITION TO MOTION FOR LEAVEl TO FILE MOTION TO DISMISS, AND RESPONSE IN OPPOSITION TO aDEFENDANTS’ MOTION TO DISMISS Plaintiffs Michael Pohl and Law Offices of Michael A. Pohl (collectively, “Pohl”) provide this notice that all proceedings are staeyed, respond in opposition to the Motion for Leave to File a Motion to Dismiss filed by Defenfdants Scott Favre (“Mr. Favre”), Scott M. Favre Public Adjuster, LLC (“Favre”), and Precisioyn Marketing Group, LLC (“Precision”) (collectively, “Defendants”), and respond in oppositCion to the Defendants’ Motion to Dismiss (the “Motion”). In light of the filing of an interlocutory appeal, this case is currently subject to a mandatory stay, precludinfgf the Court’s consideration of the Motion. In addition, the Motion was not timely filed andU should be denied for that reason. Finally, the Motion purports to find its basis in the Texas Citizens’ Participation Act, Texas Civil Practice and Remedies Code Section 27.001 et. seq. (“TCPA”), but the TCPA does not apply to Pohl’s claims, and even if it did, the Motion would fail. THIS CASE IS SUBJECT TO A MANDATORY STAY OF ALL PROCEEDINGS Defendants Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm (“Kassab”) moved to dismiss the claims agai… |
| 9 | 2018-11-01 | RSP | Pohl | Pohl’s response opposing TCPA MTD | Pohl's Response in Opposition to Kassab's TCPA Motion to Dismiss | Filed November 1, 2018 in response to Kassab's October 24, 2018 TCPA Motion to Dismiss. Pohl opposes dismissal on three grounds: (1) the TCPA does not apply to his claims, (2) even if it did, the commercial speech exception bars application, and (3) Pohl has established a prima facie case. Includes alternative motion for continuance and discovery. Filed in Cause No. 2018-58419, 189th Judicial District Court, Harris County, Texas. | TCPA-1 | N/A | Phase 1 | 2018-11-01_RSP_Pohl-Response-to-Kassab-MTD-TCPA_FILED.pdf | Deny the TCPA Motion to Dismiss in all respects; award Pohl costs and fees of $33,352; alternatively, grant continuance and permit discovery under §§ 27.004(c) and 27.006(b) | 11/1/2018 7:18 PM Chris Daniel - District Clerk Harris County Envelope No. 28744115 By: Deandra Mosley Filed: 11/1/2018 7:18 PM CAUSE NO. 2018-58419 MICHAEL A. POHL AND LAW OFFICE OF § IN THE DISTRICT COURT OF MICHAEL A. POHL, PLLC, § Plaintiffs, § V. § k § e SCOTT FAVRE and SCOTT M. FAVRE PA, § C l LLC; PRECISION MARKETING GROUP, § HARRIS COUNTY, TEXAS LLC; LANCE CHRISTOPHER KASSAB and § c LANCE CHRISTOPHER KASSAB, P.C. d/b/a § r THE KASSAB LAW FIRM; TINA § s NICHOLSON and BAKER NICHOLSON, § LLP d/b/a BAKER NICHOLSON LAW § s FIRM; and DOUGLAS MONTAGUE III and § s MONTAGUE PITTMAN & VARNADO, P.A., § Defendants. § r189TH JUDICIAL DISTRICT PLAINTIFFS MICHAEL POHL AND LAW OFFICE OF MICHAEL A. POHL’S RESPONSE IN OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PURSUANT TO THE TEXAS CITlIZENS PARTICIPATION ACT Plaintiffs Michael Pohl and Law OfMfices of Michael A. Pohl (collectively, “Pohl”) respond in opposition to the Motion to Dismiss filed by Defendants Lance Christopher Kassab and Lance Christopher Kassab, P.C., d/b/a The Kassab Law Firm (collectively, “Kassab”). Kassab’s Motion to Dismiss (the “Motion”) purports to find its basis in the Texas Citizens’ Participation Act, TEX. CIV. PRAC. & REM. CODEo § 27.001 et. seq. (“TCPA”), but as set forth below the TCPA does not apply to Pohl’s claims, and even if it did, the Motion would fail. c I. INTRODUCTION Kassab paid $250,000 to obtain the stolen names, addresses, and in some instances actual client files of Pohl’s former clients and potential clients so that Kassab could solicit those clients to assert barratry claims. Kassab attempted to disguise the purchase as the engagement of a putative “expert witness,” whom he agreed to indemnify in the event that Pohl asserted claims for the theft. Now that Pohl has asserted the anticipated claims, Kassab asks the Court to hold that his actions and communications in purchasing and using the stolen materials are protected by the TCPA. Despite having advocated directly inconsistent positions regarding the kTCPA in other litigati… |
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CREATE TABLE filings (
filing_id INTEGER PRIMARY KEY,
date TEXT,
doc_type TEXT,
party TEXT,
description TEXT,
doc_type_detail TEXT,
procedural_posture TEXT,
chain TEXT,
outcome TEXT,
phase TEXT,
filename TEXT,
relief_requested TEXT,
full_text TEXT
);