Court Filings
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4 rows where doc_type = "RSP" and phase = "Phase 4" 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 57 | 2023-08-14 | RSP | Kassab | Response to Pohl Barratry MSJ | Kassab Defendants' Response to Plaintiffs' Rule 166(g) Motion on Barratry Liability and Specific Affirmative Defenses | Filed August 14, 2023 in the 281st Judicial District Court, Harris County, Cause No. 2018-58419. Kassab responds to Pohl's Rule 166(g) pretrial motion seeking to exclude evidence of barratry and eliminate ten of Kassab's affirmative defenses. Kassab argues barratry evidence is central to both Pohl's claims and Kassab's defenses, and that Rule 166(g) is procedurally improper for this purpose. | MSJ-3 | N/A | Phase 4 | 2023-08-14_RSP_Kassab-Response-to-Pohl-Partial-MSJ_FILED.pdf | Deny Plaintiffs' Rule 166(g) Motion on Barratry Liability and Specific Affirmative Defenses Asserted by the Kassab Defendants | 8/13/2023 12:21 PM Marilyn Burgess - District Clerk Harris County Envelope No. 78474030 By: Bonnie Lugo Filed: 8/14/2023 12:00 AM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS § k § e SCOTT FAVRE, et al § 281st JUDICCIAL DISTRICT THE KASSAB DEFENDANTS’ RESPONSE TO PLAINTIFF’S RULE 166(g) tMOTION Defendants Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm (“Kassab”) files this Reseponse to Plaintiffs’ Michael Pohl and Law Office of Michael A. Pohl PLLC’s (“Pohul”) Rule 166(g) Motion on Barratry Liability and Specific Affirmative Defenses Asserted by the Kassab Defendants (“the Motion”), and in support thereof, woulda show the following. SUMMARY Pohl asks the Court to rulee that the issue of whether Pohl committed barratry is irrelevant and should be efxcluded from evidence. Pohl is so concerned about this issue that he has made it the subject of several motions seeking similar relief. But barratry is central not only to Kassab’s defenses; it is central to Pohl’s own claims. As a preliiminary matter, Pohl’s latest motion is procedurally defective. Rule 166(g) is noot intended as a substitute for normal summary judgment practice. Indeed, Pohl previously moved for summary judgment on Kassab’s affirmative defenses, later withdrawing his request to have his summary judgment motion heard. The new Motion improperly tries to backdoor the same relief. More substantively, Pohl’s barratry is relevant to virtually every issue in the case. Take his trade secret claim. He must prove that he is the “rightful, legal, or equitable” owner of the alleged secrets. If Pohl himself obtained the alleged secrets illegally, he cannot enjoy the benefits of the trade secret statute. Moreover, for Pohl to recover his attorneys’ fees on his trade secret claim, he must provek “willful and malicious misappropriation.” In other words, Pohl’s claim dependsC on Kassab’s state of mind. Kassab is entitled to prove that his belief about Pohl’s barratry was well- … |
| 55 | 2023-03-29 | RSP | Pohl | Response to Amended MSJ | Plaintiffs' Response in Opposition to the Amended Motions for Summary Judgment Filed by the Kassab Defendants | Filed March 29, 2023 in the 281st Judicial District Court (Judge Weems) by Jean C. Frizzell of Reynolds Frizzell LLP. Responds to Kassab's Amended MSJ (filing #50). Pohl argues the Amended Motion is a disguised motion to reconsider that reiterates the same arguments and evidence denied by the 189th District Court on October 31, 2022. Pohl objects to oral hearing under 281st Court Procedure I(I). | MSJ-4 | N/A | Phase 4 | 2023-03-29_RSP_Pohl-Response-to-Kassab-Amended-MSJ_FILED.pdf | Deny Kassab's Amended Motions for Traditional and No-Evidence Summary Judgment | 3/29/2023 5:09 PM Marilyn Burgess - District Clerk Harris County Envelope No. 74146534 By: Julia Adkins Filed: 3/29/2023 5:09 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et. al § IN THE DISTRICT COURT OF Plaintiffs, § V. § HARRIS COUNTY,k TEXAS § e LANCE CHRISTOPHER § C l KASSAB, et. al § § c Defendants. § 281ST JUDrICIAL DISTRICT PLAINTIFFS’ RESPONSE IN OPPOSITION TO THE AMENDED MOTIONS FOR SUMMARY JUDGMENT FILED BY THE KASsSAB DEFENDANTS Plaintiffs Michael Pohl and Law Office of Michael A. Pohl (collectively “Pohl”) respond in opposition to the Amended Motions for Traditional and No-Evidence Summary Judgment (the “Amended Motion”) filed by Defendants Lance Christopher Kassab and Lance Christopher Kassab, P.C., d/b/a The Kassab Law Firm (coallectively “Kassab”). I. INTRODUCTION The Court should not entertaien motions to reconsider filed under another name, especially when such a motion fails to makef any statement about why reconsideration is warranted. Despite its name, the Amended Motiyon does not specify what prior motions it purports to amend. But, in substance, it seeks recoCnsideration of Kassab’s previous motions for summary judgment that the 189th District Courat denied. Kassab does not explain why those prior rulings were wrong, nor does he attemptf to explain whether the facts, arguments, or law have changed from the previously denied mUotions. Kassab has not demonstrated that the Court should reconsider or revisit those rulings, or that any prior ruling was erroneous. Thus, the Court should deny the Amended Motion. Pohl also objects to the hearing on Kassab’s Amended Motion. The vast majority of the Amended Motion is directly copied and pasted from Kassab’s prior motions for traditional and no- evidence summary judgment that were denied by the 189th District Court. Kassab seeks the same relief and uses the same arguments as contained in his denied motions. Thus, the Amended Motion is a motion to “reconsider” with a different title. Under this Court’s procedures, “[a]ll motions to reconsider are heard … |
| 53 | 2023-03-14 | RSP | Pohl | Response to Mtn to Rule | Plaintiffs' Response in Opposition to Kassab's Motion to Rule on Plaintiffs' Objections to Kassab's Deposition on Written Questions of Scott Favre | Filed March 14, 2023 in the 281st Judicial District Court by Pohl's counsel Jean C. Frizzell of Reynolds Frizzell LLP. Pohl opposes Kassab's motion seeking to overrule Pohl's objections to Kassab's deposition on written questions (DWQ) of Scott Favre. This is Kassab's second motion — the first version argued leading questions were 'cross examination' but was revised to remove that argument as directly contrary to the Texas Rules of Civil Procedure. | MSJ-2R | N/A | Phase 4 | 2023-03-14_RSP_Pohl-Response-to-Kassab-Mtn-to-Rule_FILED.pdf | Deny Kassab's Motion to Rule and sustain Pohl's objections to the questions contained in Kassab's DWQ | 3/14/2023 9:54 PM Marilyn Burgess - District Clerk Harris County Envelope No. 73666907 By: Bonnie Lugo Filed: 3/14/2023 9:54 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et. al § IN THE DISTRICT COURT OF Plaintiffs, § V. § HARRIS COUNTY,k TEXAS § e LANCE CHRISTOPHER § C l KASSAB, et. al § § c Defendants. § 281ST JUDrICIAL DISTRICT PLAINTIFFS’ RESPONSE IN OPPOSITION TO KASSAB’S MOTION TO RULE Plaintiffs Michael Pohl and Law Office of Michael As. Pohl PLLC (collectively “Pohl”) respond in opposition to Defendants Lance Christopher rKassab and Lance Christopher Kassab P.C.’s (collectively, “Kassab”) Motion to Rule on Plaintiffs’ Objections to the Kassab Defendants’ Notice to Take Deposition on Written Questions lof Scott Favre (the “Motion”).1 I. MBACKGROUND The parties have been unable to osecure an oral deposition of Scott Favre (“Favre”), and the parties have been told his capabilityc to appear is limited by his ongoing cancer treatment. Favre is a former co-defendant, and Pohl alleged Favre conspired with Kassab to misappropriate Pohl’s trade secrets and propertyp, including by selling that information to Kassab.2 Although Kassab admits that he made a six-figure, up-front payment to Favre, he contends the payment was made to hire Favre as anc e i xpert to assist Kassab with bringing barratry claims against Pohl.3 Pohl alleges the payment woas made in exchange for misappropriating Pohl’s confidential information.4 1 This is the second motion Kassab filed regarding Pohl’s objections. Kassab initially tried to argue that his leading questions were proper because they constituted “cross examination.” But Kassab filed a subsequent motion that removed that argument, as it was directly contrary to the wording of the Texas Rules of Civil Procedure. Compare Kassab Defendants’ Motion to Rule on Plaintiffs’ Objections to the Kassab Defendants’ Notice to Take Deposition on Written Questions of Scott Favre, filed Feb. 28, 2023, with Motion (filed March 2, 2023). 2 See Pohl’s First Amended Petition ¶¶ 21–23. 3 See Deposition of… |
| 52 | 2023-03-08 | RSP | Pohl | Response to Mtn to Reconsider/Rule | Plaintiffs' Response in Partial Opposition to Kassab's Motion to Reconsider or Rule | Filed March 8, 2023 in the 281st Judicial District Court (Judge Weems) by Pohl's counsel Jean C. Frizzell of Reynolds Frizzell LLP. Response to Kassab's Motion to Reconsider or Rule (filing #49), which sought reconsideration of three prior orders by Judge Dollinger. Pohl partially opposes — agreeing the court should rule on the pending RTP motion but opposing reconsideration of the abatement and discovery compulsion rulings. | MSJ-2R | N/A | Phase 4 | 2023-03-08_RSP_Pohl-Response-to-Kassab-Mtn-to-Reconsider-or-Rule_FILED.pdf | Deny Kassab's Motion in part; deny Kassab's Supplemental RTP Motion on the merits; decline to reconsider prior rulings on Kassab's Motion to Abate and Motion to Compel | 3/8/2023 7:39 PM Marilyn Burgess - District Clerk Harris County Envelope No. 73486867 By: Lewis John-Miller Filed: 3/8/2023 7:39 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et. al § IN THE DISTRICT COURT OF Plaintiffs, § V. § HARRIS COUNTY,k TEXAS § e LANCE CHRISTOPHER § C l KASSAB, et. al § § c Defendants. § 281ST JUDrICIAL DISTRICT PLAINTIFFS’ RESPONSE IN PARTIAL OPPOSITION TO KASSAB’S MOTION TO RECONSIDER OR RULE s Defendants Lance Christopher Kassab and Lance Christopher Kassab P.C. d/b/a/ The Kassab Law Firm (collectively, “Kassab”) filed the Motion to Reconsider or Rule (the “Motion”), and in it states he filed it in order to file a petition for writ of mandamus if the Motion is denied. Pohl partially opposes the relief Kassab requests in his Motion. Pohl does not oppose the Court ruling on Kassab’s pending motion to designate responsible third parties—although Pohl contends that motion should be denied when thee Court addresses it on the merits. However, Pohl does not agree that the Court should reconfsider or revisit the other two rulings mentioned in the Motion, and Kassab has not shown hyow any prior ruling was erroneous. C I. DISCUSSION Kassab asksa the Court to rule on one pending motion and to reconsider rulings on two other motions. Kassafb is not entitled to relief on the merits with respect to any of those three motions. First, the Court should rule on Kassab’s Supplemental Motion to Designate Responsible Third Parties (“Kassab’s Supplemental RTP Motion”), but it should deny the relief Kassab requests. Kassab’s Supplemental RTP Motion does not fix the pleading defect that caused Judge Dollinger to deny Kassab’s first motion to designate responsible third parties. Second, Kassab provides no basis for why the Court should reconsider the denial of Kassab’s Motion to Abate Trial Setting (“Kassab’s Motion to Abate”), and the Court should not allow Kassab to delay trial. Third, the Court should not reconsider the denial of Kassab’s Motion to Compel Testimony and Documents Pursuant to the Offensive Use D… |
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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
);