Court Filings
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7 rows where outcome = "N/A", party = "Kassab" 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 |
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| 12 | 2018-11-07 | OA | Kassab | 3rd Amended Answer | Kassab's Third Amended Answer, Affirmative Defenses, Counterclaim, and Designation of Responsible Third Parties | Filed November 7, 2018 in Cause No. 2018-58419, 189th Judicial District Court, Harris County, Texas. The day after the Second Amended Answer. Third amended responsive pleading, further expanding counterclaims from 235 to 242 assigned barratry claimants. Adds additional detail to the Designation of Responsible Third Parties section regarding Shepherd's knowledge of Favre's document transfers to third parties prior to the Federal Litigation settlement. | PLEAD-1 | N/A | Phase 1 | 2018-11-07_OA_Kassab-3rd-Amended-Answer-CC_FILED.pdf | Plaintiffs take nothing; Kassab recovers on counterclaims and against third-party defendants including actual and consequential damages, statutory damages, pre- and post-judgment interest, attorneys' fees and costs, and all other just relief | 11/7/2018 4:22 PM Chris Daniel - District Clerk Harris County Envelope No. 28873961 By: ARIONNE MCNEAL Filed: 11/7/2018 4:22 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S THIRD AMENDED ANSWER, AFFIRMATIVE DEFENSES AND COUNtTERCLAIM, AND DESIGNATION OF RESPONSIBLE THIRD PARTIES TO THE HONORABLE JUDGE OF SAID COURT: s COMES NOW, Defendants, Lance Christopher Kgassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm and files this thBeir Third Amended Answer, Affirmative Defenses, and Counterclaim, and Designation of Ryesponsible Third Parties, and would respectfully show the Court as follows; a RULfE 47 STATEMENT The Kassab Defendants, in teheir capacity as Counter-Plaintiffs, seek monetary relief of more than $1,000,000.00. f y PARTIES Plaintiff, Michael A. Pohl is an individual lawyer residing in Colorado. Plaintiff, Laawl Offices of Michael A. Pohl is a law firm set up for the practice of law in various states of ithe union, including Texas. Defnendant, Scott Favre is a nonresident individual residing in Mississippi. Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in Mississippi. Defendant, Precision Marketing Group, LLC is a nonresident limited liability company located in Mississippi. Defendant, F. Douglas Montague III is a nonresident individual residing in Mississippi. Defendant, Montague, Pittman & Varnado, PA is a nonresident professional association located in Mississippi. Defendant, Tina Nicholson is an individual residing in Texas. k Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Law Firm ils a limited liability partnership located in Texas. c Defendant, Counter-Plaintiff, Lance Christopher Kassab is an sindividual residing in Texas. Defendant, Counter-Plaintiff, Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm is a professional corporation … |
| 11 | 2018-11-06 | OA | Kassab | 2nd Amended Answer | Kassab's Second Amended Answer, Affirmative Defenses, Counterclaim, and Designation of Responsible Third Parties | Filed November 6, 2018 in Cause No. 2018-58419, 189th Judicial District Court, Harris County, Texas. The day after the reply brief on the TCPA motion. This is the second amended responsive pleading, expanding the counterclaims from 150 to 235 assigned barratry claimants and adding a Designation of Responsible Third Parties (Billy Shepherd, Scott Walker, Steve Seymour, Kirk Ladner). Addressed to the Honorable Judge of said Court. | PLEAD-1 | N/A | Phase 1 | 2018-11-06_OA_Kassab-2nd-Amended-Answer-CC_FILED.pdf | Plaintiffs take nothing; Kassab recovers on counterclaims and against third-party defendants including actual and consequential damages, statutory damages, pre- and post-judgment interest, attorneys' fees and costs, and all other just relief | 11/6/2018 2:08 PM Chris Daniel - District Clerk Harris County Envelope No. 28831260 By: ARIONNE MCNEAL Filed: 11/6/2018 2:08 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S SECOND AMENDED ANSWER, AFFIRMATIVE DEFENSES AND COUNtTERCLAIM, AND DESIGNATION OF RESPONSIBLE THIRD PARTIES TO THE HONORABLE JUDGE OF SAID COURT: s COMES NOW, Defendants, Lance Christopher Kgassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm and files this theBir Second Amended Answer, Affirmative Defenses, and Counterclaim, and Designation of Ryesponsible Third Parties, and would respectfully show the Court as follows; a RULfE 47 STATEMENT The Kassab Defendants, in teheir capacity as Counter-Plaintiffs, seek monetary relief of more than $1,000,000.00. f y PARTIES Plaintiff, Michael A. Pohl is an individual lawyer residing in Colorado. Plaintiff, Laawl Offices of Michael A. Pohl is a law firm set up for the practice of law in various states of ithe union, including Texas. Defendant, Scott Favre is a nonresident individual residing in Mississippi. Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in Mississippi. Defendant, Precision Marketing Group, LLC is a nonresident limited liability company located in Mississippi. Defendant, F. Douglas Montague III is a nonresident individual residing in Mississippi. Defendant, Montague, Pittman & Varnado, PA is a nonresident professional association located in Mississippi. Defendant, Tina Nicholson is an individual residing in Texas. k Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Law Firm ils a limited liability partnership located in Texas. c Defendant, Counter-Plaintiff, Lance Christopher Kassab is an sindividual residing in Texas. Defendant, Counter-Plaintiff, Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm is a professional corporation… |
| 10 | 2018-11-05 | OBJ | Kassab | Objections to Pohl’s TCPA response evidence | Kassab's Objections to Plaintiffs' Response Evidence and Reply in Support of TCPA Motion to Dismiss | Filed November 5, 2018 as a combined objection and reply brief in further support of Kassab's TCPA Motion to Dismiss. Responds to Pohl's November 1, 2018 opposition, challenging the admissibility of Pohl's evidence and arguing the commercial speech exception does not apply. Filed in Cause No. 2018-58419, 189th Judicial District Court, Harris County, Texas. Addressed to the Honorable Judge Bill Burke. | TCPA-1 | N/A | Phase 1 | 2018-11-05_OBJ_Kassab-Objections-to-Pohl-Response_FILED.pdf | Grant the TCPA Motion to Dismiss; strike Shepherd affidavit and all attached documents; strike Pohl's declaration paragraphs 3-9; order Plaintiffs take nothing; award reasonable and necessary attorney's fees and costs as required by the statute | 11/5/2018 8:03 AM Chris Daniel - District Clerk Harris County Envelope No. 28779207 By: Deandra Mosley Filed: 11/5/2018 8:03 AM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIAkL DISTRICT THE KASSAB DEFENDANTS’ OBJECTIONS TO PLAINTlIFFS’ RESPONSE AND REPLY IN SUPPORT OF MOTION TO DISMISS TO THE HONORABLE JUDGE BILL BURKE: r Defendants/Counter-Plaintiffs Lance Christopher Kassab Dand Lance Christopher Kassab, P.C. d/b/a/ The Kassab Law Firm (“Kassab”) file this reply asnd objections in further support of their Motion to Dismiss Pursuant to the Texas Citizens Parrticipation Act. OBJECTIONS A. Plaintiffs’ Exhibit A (Affidavait of Billy Shepherd) Kassab objects to Plaintiffs’ Exhibit A, the alleged affidavit of Billy Shepherd (“Shepherd”) and all exhibits attacheed thereto. Specifically, Shepherd’s affidavit fails as an affidavit on its face because itf is not based upon “personal knowledge” or state that the statements therein are “true yand correct”, thus perjury does not attach, and therefore, the alleged affidavit is nothing moCre than a statement by Pohl’s “interested” counsel. An affidavit must be based on the affianta’s personal knowledge and must state that the facts in it are true. Humphreys v. Caldwell, 88 8f S.W.2d 469, 470 (Tex. 1994); see TEX. R. EVID. 602 (evidence must show the witness hUas personal knowledge); Radio Station KSCS v. Jennings, 750, S.W.2d 760, 761-62 (Tex. 1988). An affidavit must contain direct and unequivocal statements that, if false, would be grounds for perjury. Burke v. Satterfield, 525 S.W.2d 950, 955 (Tex. 1975); Hall v. Stephenson, 919 S.W.2d 454, 466 (Tex. App.—Fort Worth 1996, writ denied). Additionally, Shepherd’s statement appears to attempt to prove up business records, but this attempt fails. To introduce a business record through a witness, a party must prove the following: (1) the record is a memorandum, report, other compilation of data; (2) the witness is the custodian or another quali… |
| 5 | 2018-10-24 | DEPO | Kassab | Pohl deposition filed by Kassab (TCPA exhibit) | Excerpts from the Oral Videotaped Deposition of Michael A. Pohl taken May 15, 2018 in Cheatham v. Pohl (Cause No. 2017-41110), filed as Exhibit 23 in connection with Kassab's TCPA motion in Pohl v. Kassab | Deposition taken in a related case (Cheatham v. Pohl, Cause No. 2017-41110, 55th Judicial District, Harris County) on May 15, 2018, subsequently filed as an exhibit (Exhibit 23) in the Pohl v. Kassab TCPA proceedings. The deposition was taken by Lance Kassab as counsel for the Cheatham plaintiffs, with Pohl represented by Billy Shepherd. Only pages 85-93 and 318-319 are included in this exhibit. | TCPA-1 | N/A | Phase 1 | 2018-10-24_DEPO_Pohl-Deposition_FILED.pdf | E »< H I BIT 23 iA Michael Pohl 5/15/2018 CAUSE NO. 2017-41110 MARK KENTRELL CHEATHAM, ) IN THE DISTRICT COURT SR., AND LUELLA MILLER, ) INDIVIDUALLY AND AS ) WRONGFUL DEATH ) N= BENEFICIARIES OF LADONNA ) oe CHEATHAM, DESTINY CHEATHAM) ) AND MARKUS CHEATHAM, ) DECEASED ) , & ) Ss vs. ) HARRIS counry,, TEXAS ) ©) MICHAEL A. POHL, DONALDA ) & POHL, LAW OFFICE OF ) @ MICHAEL POHL, PLLC, ROBERT) @ AMMONS AND THE AMMONS LAW ) Le) FIRM, LLP ) STR gMDICIAL DISTRICT ORAL VIDEOTAPED pebosrz0n OF MICHAEL BS OHL May Be 2018 ©) ORAL VIDEOTAPED BRPOSTTION OF MICHAEL A. POHL, produced as a witedee at the instance of the Plaintiff and ox sworn, was taken in the above-styled and numbered cause on May 15, 2018, from 9:26 a.m. to 5:05 p-m., before Laurie Carlisle, Certified ‘Shorthand Reporter in and for the State of SS Texas, Feported by computerized machine shorthand, at the 6éfices of Shepherd Prewett, 770 South Post Oak Lane, Suite 420, Houston, Texas, pursuant to the Texas Rules of Civil Procedure and the provisions stated on the record or attached hereto. Omni Litigation 713-864-4443 Michael Pohl 5/15/2018 85 1 malicious act by an unethical lawyer, and I don't 2 think anything should be -- further should be 3 submitted by you. 4 Q. Okay. And you think I'm an unethical ee a 5 lawyer? G 6 A. Yes. You stole my files. You robed me. 7 You tried to destroy my practice. So I believe 8 you should submit any more materials, popVicularty 9 false affidavits that have been retracted by the 10 witnesses who made them and othe erifiably false 11 accusations. And you've soticiead my clients like 12 Mr. Cheatham, and you've told hin lies to get him to 13 sue me. LV 14 Q. Okay. And you State on the record under 15 oath, subject to pesiey, that I stole your files, 16 | right? O 17 A. You and your co-counsel and your team of 18 thieves. ou 19 OR. L. KASSAB: Objection, nonresponsive. 20 Q. ‘< that a yes to my question? 21 os MR. SHEPHERD: Form. 22 A. That's what I said it was. 23 Q. I just need a yes or no, sir. Is thata 24 yes? 25 MR.… | |
| 6 | 2018-10-24 | EX | Kassab | Exhibit: bar grievance pleadings against Pohl | State Bar of Texas Grievance filed by Lance Christopher Kassab against Michael Pohl (File No. 201801825), including grievance form, detailed Exhibit 'A' statement of facts and violations, and two supplemental letters to the Office of Chief Disciplinary Counsel dated July 3 and July 20, 2018 | Bar grievance filed by Kassab against Pohl with the Office of Chief Disciplinary Counsel of the State Bar of Texas, pursuant to Rule 8.03(a) of the Texas Disciplinary Rules of Professional Conduct. Filed on behalf of approximately 10,000 alleged victims. Companion grievance No. 201801826 filed against Cyndi Rusnak. Subsequently filed as Exhibit 21 in the Pohl v. Kassab TCPA proceedings. | TCPA-1 | N/A | Phase 1 | 2018-10-24_EX_Grievance-Pleadings-Against-Pohl_FILED.pdf | Disciplinary action against Michael Pohl by the State Bar of Texas for violations of the Texas Disciplinary Rules of Professional Conduct and Texas Penal Code barratry and commercial bribery statutes | EXHIBIT 21 . & aS & @ & & S & & < OFFICE OF THE CHIEF DISCIPLINARY COUNSEL STATE BAR OF TEXAS GRIEVANCE FORM I. GENERAL INFORMATION Before you fill out this paperwork, there may be a faster way to resolve the isgue-you are currently having with an attorney. @ If you are considering filing a grievance against a Texas attorney for any ofthe following reasons: 5 G S ~ You believe your attorney is neglecting your case. XZ) ~ Your attorney does not return phone calls or keep you informed <a the status of your case. ~ You have fired your attorney but are having problems getting you ile back from the attorney. You may want to consider contacting the Client-Attorne Aséistance Program (CAAP) at 1-800-932-1900. & CAAP was established by the State Bar of Texas to help people resolve these kinds of issues with attorneys quickly, without the filing of a formal-griévance. CAAP can resolve many problems without a grievance being filed by prov information, by suggesting various self- help options for dealing with the situation, or byeon cting the attorney either by telephone or letter. > I have Ihave not X __ wc Client-Attorney Assistance Program. II. INFORMATION ABOUT YOu -- Praase KEEP CURRENT wS COMPLAINANT # 1: & 1. Name and address: ©) Lance Christophe Kassab, pursuant to Rule 8.03 (a) of the Texas Disciplinary Rules of rrofessional Co ct and on behalf of approximately 10,000 victims surrounding the Gulf Coast. & Re, Lance topher Kassab THE AB LAW FIRM 1 abama ton, Texas 77004 2. Employer and address: The Kassab Law Firm 1420 Alabama Houston, TX 77004 3. Telephone number: Residence: | Work: 713-522-7400 4. Drivers License # NA Date of Birth: NA 5. Name, address, and telephone number of person who can always reach you. Ne EN Lance Christopher Kassab NZ) THE KASSAB LAW FIRM © 1420 Alabama, Houston, Texas 77004 Re Telephone: 713-522-7400 “GO Facsimile: 713-522-7410 XG 6 @ 6. Do you understand and write in the English language? Yes ©) . ® If no, what is your primary language? GP Who helped you prepare this form? © Lance Chri… |
| 8 | 2018-10-24 | OA | Kassab | 1st Amended Answer with Counterclaims | Kassab's First Amended Answer, Affirmative Defenses, and Counterclaim for Civil Barratry, filed October 24, 2018 simultaneously with TCPA Motion to Dismiss | Filed October 24, 2018 simultaneously with the TCPA Motion to Dismiss. This amends Kassab's original answer (Filing #2) by adding res judicata as a 17th affirmative defense. Maintains general denial, 17 affirmative defenses, specific denials regarding conditions precedent, and counterclaims for civil barratry on behalf of 150 assigned claimants. | PLEAD-1, CC-1 | N/A | Phase 1 | 2018-10-24_OA_Kassab-1st-Amended-Answer-CC_FILED.pdf | Plaintiffs take nothing on their claims; Kassab recovers on counterclaims including actual and consequential damages, statutory damages, pre- and post-judgment interest, attorneys' fees and costs, and all other just relief | 10/24/2018 2:33 PM Chris Daniel - District Clerk Harris County Envelope No. 28526297 By: ARIONNE MCNEAL Filed: 10/24/2018 2:33 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S FIRST AMENDED ANSWER, AFFIRMATIVE DEFENSES AND COUNtTERCLAIM TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm and files this their First Armended Answer, Affirmative Defenses, and Counterclaim, and would respectfully show the Court as follows; RULE 47 SiT l ATEMENT The Kassab Defendants, in their caMpacity as Counter-Plaintiffs, seek monetary relief of more than $1,000,000.00. o PARTIES Plaintiff, Michael A. PoOhl is an individual lawyer residing in Colorado. Plaintiff, Law Offipces of Michael A. Pohl is a law firm set up for the practice of law in various states of the union, including Texas. Defendant, iScott Favre is a nonresident individual residing in Mississippi. Defenodant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in Mississippi. Defendant, Precision Marketing Group, LLC is a nonresident limited liability company located in Mississippi. Defendant, F. Douglas Montague III is a nonresident individual residing in Mississippi. Defendant, Montague, Pittman & Varnado, PA is a nonresident professional association located in Mississippi. Defendant, Tina Nicholson is an individual residing in Texas. Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Law Firm is a klimited liability partnership located in Texas. l Defendant, Counter-Plaintiff, Lance Christopher Kassab is an indicvidual residing in Texas. Defendant, Counter-Plaintiff, Lance Christopher Kassab, P.C.s d/b/a The Kassab Law Firm is a professional corporation located in Texas. JURISDICTION AND VENUE This matter is within the jurisdictional limitsu of t… |
| 2 | 2018-10-08 | OA | Kassab | Kassab’s initial answer with counterclaims | Kassab Defendants' Original Answer, Affirmative Defenses, and Counterclaim for Civil Barratry, including general denial, 16 affirmative defenses, specific denials, and counterclaims based on assigned barratry claims | Kassab's initial responsive pleading to Pohl's Original Petition, filed October 8, 2018, approximately six weeks after suit was commenced. Includes both defensive pleading (general denial, 16 affirmative defenses, specific denials) and offensive counterclaims for civil barratry based on assigned claims from Pohl's former clients. | PLEAD-1, CC-1 | N/A | Phase 1 | 2018-10-08_OA_Kassab-Answer-and-CC_FILED.pdf | That Plaintiffs recover nothing on their claims; actual and consequential damages on counterclaims; statutory damages; pre- and post-judgment interest; attorneys' fees and costs; and all other relief to which Defendants/Counter-Plaintiffs may be justly entitled | 10/8/2018 1:34 PM Chris Daniel - District Clerk Harris County Envelope No. 28104847 By: Brianna Denmon Filed: 10/8/2018 1:34 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM t TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm and files this their Origirnal Answer, Affirmative Defenses, and Counterclaim, and would respectfully show the Court as follows; RULE 47 SiT l ATEMENT The Kassab Defendants, in their caMpacity as Counter-Plaintiffs, seek monetary relief of more than $1,000,000.00. o PARTIES Plaintiff, Michael A. PoOhl is an individual lawyer residing in Colorado. Plaintiff, Law Offipces of Michael A. Pohl is a law firm set up for the practice of law in various states of the union, including Texas. Defendant, iScott Favre is a nonresident individual residing in Mississippi. Defenodant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in Mississippi. Defendant, Precision Marketing Group, LLC is a nonresident limited liability company located in Mississippi. Defendant, F. Douglas Montague III is a nonresident individual residing in Mississippi. Defendant, Montague, Pittman & Varnado, PA is a nonresident professional association located in Mississippi. Defendant, Tina Nicholson is an individual residing in Texas. Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Law Firm is a klimited liability partnership located in Texas. l Defendant, Counter-Plaintiff, Lance Christopher Kassab is an indicvidual residing in Texas. Defendant, Counter-Plaintiff, Lance Christopher Kassab, P.C.s d/b/a The Kassab Law Firm is a professional corporation located in Texas. JURISDICTION AND VENUE This matter is within the jurisdictional limitsu of this Court and Plaint… |
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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
);