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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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| 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… |
| 14 | 2018-11-30 | AP | Pohl | Pohl’s 1st Amended Petition | Pohl's First Amended Petition asserting four causes of action (breach of contract, conversion, TUTSA violations, civil conspiracy) against all defendants | Filed November 30, 2018 in Cause No. 2018-58419, 189th Judicial District Court, Harris County, Texas. Amended pleading filed approximately three months after the original petition (August 28, 2018). Filed during the pendency of Kassab's TCPA motion to dismiss. Adds detail to factual allegations and refines causes of action. This is the operative petition in Phase 1. Jury trial demanded. | PLEAD-1 | N/A | Phase 1 | 2018-11-30_AP_Pohl-1st-Amended-Petition_FILED.pdf | Judgment against all defendants; actual damages within jurisdictional limits; injunctive relief under § 134A.003; exemplary damages under §§ 41.001 et seq. and 134A.004(b); attorney's fees under §§ 38.001 et seq. and 134A.005; pre-judgment and post-judgment interest; trial by jury | 11/30/2018 9:45 PM Chris Daniel - District Clerk Harris County Envelope No. 29415016 By: ARIONNE MCNEAL Filed: 11/30/2018 9:45 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 OyFFICE OF MICHAEL A. POHL, PLLC’S FIRST AMENDiED PETITION fSUMMARY 1. Plaintiffs Michael Pcohl and Law Office of Michael A. Pohl, PLLC (sometimes collectively “Pohl”) sue DefendOants Scott Favre and Scott M. Favre PA, LLC (collectively “Favre”); Precision Marketing Groupp, LLC (“Precision”); Lance Christopher Kassab and Lance Christopher Kassab, P.C. D/B/A The Kassab Law Firm (collectively “Kassab”); Tina Nicholson and Baker Nicholson, LLP Di/B/A Baker Nicholson Law Firm (collectively “Nicholson”); and F. Douglas Montague III oand Montague Pittman & Varnado, P.A. (collectively “Montague”). Favre, Precision, Kassab, Nicholson, and Montague are collectively called “Defendants.” 2. Defendants engaged in a scheme pursuant to which they illegally obtained, maintained, and used trade secrets and other confidential information and property belonging to Pohl. Favre and Precision’s actions are in breach of a settlement agreement to which Pohl, Favre, and Precision are parties, and all Defendants’ actions constitute the torts of conversion and violations of the uniform trade secrets act, as well as conspiracy. 3. More specifically, Favre and Precision executed a settlement agreement with Pohl pursuant to which they agreed to return to Pohl certain information in their andk their counsel’s possession, custody, or control; to permanently delete such electr… |
| 13 | 2018-11-19 | MTD | Kassab | Supplemental TCPA Motion to Dismiss | Kassab's Supplement to TCPA Motion to Dismiss incorporating Favre co-defendants' statute of limitations arguments | Filed November 19, 2018 in Cause No. 2018-58419, 189th Judicial District Court, Harris County, Texas. Supplemental briefing filed in support of Kassab's original TCPA Motion to Dismiss (filed October 24, 2018). Incorporates arguments from co-defendant Favre's separately filed TCPA motion. Addressed to the Honorable Judge Bill Burke. | TCPA-1 | DENIED | Phase 1 | 2018-11-19_MTD_Kassab-Supp-TCPA_FILED.pdf | Dismissal of Pohl's claims with prejudice; attorney's fees as previously requested in Kassab's original Motion to Dismiss; sanctions of a minimum of $50,000 against Pohl and his counsel Frizzell to deter future frivolous and retaliatory filings | 11/19/2018 10:48 AM Chris Daniel - District Clerk Harris County Envelope No. 29125236 By: ARIONNE MCNEAL Filed: 11/19/2018 10:48 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 DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHlRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S SUPPLEMENT TO MOTION TO DISMISS PURSUANT TO THE TEXAS CITIZENS PARTICcIPATION ACT TO THE HONORABLE JUDGE BILL BURKE: s Defendants/Counter-Plaintiffs Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a/ The Kassab Law Firm (Kassab) files this, their Supplement to Motion to Dismiss Pursuant to the Texas Citizens Participation Act set forth in Chapter 27 of the Texas Civil Practice and Remedies Code. This is a retaliatory lawsuit filed by Plaintiff, Michael A. Pohl and his law firm, Law Office of Michael A. Pohl, PLLC (“ePohl”) that is based on, related to, and in response to the rights to free speech, petition andf association, and should therefore be dismissed pursuant to the Texas Citizens Participationy Act (the “TCPA”). Additionally, Pohl’s claims must be dismissed pursuant to Chapter 2C7 of the Texas Civil Practice and Remedies Code because, even if Pohl could establish a parima facie case on each element of each of his causes of action, the TCPA provides that thfe trial court must still dismiss his claims if, based upon a preponderance of the evidence,U each essential element of a valid defense is established. TEX. CIV. PRAC. & REM. CODE, § 27.005(d). Kassab files this supplement to Kassab’s Motion to Dismiss simply to incorporate the arguments and Exhibits outlined in paragraphs 35 through 42 of Scott Favre, Scott M. Favre Public Adjuster, LLC and Precision Marketing Group, LLC’s Motion to Dismiss. The arguments and Exhibits clearly show that Pohl’s claims were filed far beyond the statute of limitations. Thus, not only is there a preponderance of the evidence establishing each essential element of a statute of limitations … |
| 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… |
| 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… |
| 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… |
| 7 | 2018-10-24 | MTD | Kassab | TCPA Motion to Dismiss | Kassab's Motion to Dismiss Pursuant to the Texas Citizens Participation Act (Anti-SLAPP), filed October 24, 2018 | Filed simultaneously with Kassab's First Amended Answer on October 24, 2018, before Judge Bill Burke, 189th Judicial District. This is an early dispositive motion seeking dismissal of all of Pohl's claims under the TCPA's anti-SLAPP framework. The motion was ultimately denied. | TCPA-1 | DENIED | Phase 1 | 2018-10-24_MTD_Kassab-TCPA_FILED.pdf | Dismiss all of Pohl's claims under the TCPA; award Kassab $36,750 in attorney's fees ($31,500 for Kassab at $450/hr for 70 hours, $5,250 for associate at $350/hr for 15 hours); conditional appellate fees totaling $90,000; and sanctions of at least $50,000 against Pohl and his counsel Reynolds Frizzell | 10/24/2018 2:11 PM Chris Daniel - District Clerk Harris County Envelope No. 28523758 By: ARIONNE MCNEAL Filed: 10/24/2018 2:11 PM 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 DEFENDANTS LANCE CHRISTOPHER KASSAB AND LANCE CHlRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S MOTION TO DISMISS PURSUANT TO THE TEXAS CITIZENS PARTICIPATION AcCT TO THE HONORABLE JUDGE BILL BURKE: s Defendants/Counter-Plaintiffs Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a/ The Kassab Law Firm files this, their Motion to Dismiss Pursuant to the Texas Citizens Participation Act set forth in Chapter 27 of the Texas Civil Practice and Remedies Code. SUMMlARY This is a retaliatory lawsuit filed bMy Plaintiff, Michael A. Pohl and his law firm, Law Office of Michael A. Pohl, PLLC (“Poohl”) that is based on, related to, and in response to the rights to free speech, petition and association, and should therefore be dismissed pursuant to the Texas Citizens Participation Act (the “TCPA”). Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a/ The Kassab Law Firm (“Kassab”) represent more than 400 clients who were illegally and unethically personally solicited to hire Pohl for representation of them in claimcs stemming from catastrophic auto accidents or the BP Deepwater Horizon litigation. Kassab filed four separate lawsuits against Pohl on behalf of these clients alleging claims for civil barratry. In addition, Kassab filed and initiated several grievance proceedings on behalf of these clients, causing the State Bar of Texas to investigate the alleged barratry, which is prohibited by the Texas Disciplinary Rules of Professional Conduct and the Texas Penal Code. In response, Pohl filed this lawsuit against Kassab, alleging claims of conversion, theft of trade secrets and civil conspiracy, claiming Kassab conspired with others to steal Pohl’s property and solicit his former clients or prospective clients… |
| 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… |
| 3 | 2018-10-15 | AFF | Pohl | Pohl’s affidavit in support of claims | Affidavit of Michael Pohl filed as Exhibit 24, sworn June 19, 2018 in Montgomery County, Texas, in response to Kassab's State Bar grievance (File No. 201801825), providing Pohl's version of facts regarding his relationship with PR Consultants and denying barratry allegations | Sworn affidavit prepared by Pohl in the State Bar of Texas grievance proceeding (No. 201801825, Kassab as Complainant, Pohl as Respondent), later filed in the Pohl v. Kassab litigation as Exhibit 24 in connection with TCPA proceedings. Sworn June 19, 2018. | TCPA-1 | N/A | Phase 1 | 2018-10-15_AFF_Pohl-Affidavit_FILED.pdf | EXHIBIT 24 Ne oe SS Iw se & @ Ke) & & © 2G S S& ¢ NO. 201801825 LANCE CHRISTOPHER KASSAB, § STATE BAR OF TEXAS Complainant. § § MIKE A. POHL, § Respondent. § GRIEVANCE : COMPLAINT NS AFFIDAVIT OF MICHAEL POHL G Rey THE STATE OF TEXAS § ~S COUNTY OF MONTGOMERY § ; & BEFORE ME, the undersigned authority, on this day personally appeared ) Michael Pohl, who upon being duly sworn, deposes says: SN 1. My name is Michael Pohl. I am eighteen years old and am fully capable of making this affidavit. I have pergonal knowledge of the facts addressed SN herein except as otherwise specifically eo and they are true and correct. 2. Iam a lawyer. My law Geta was at all times material to the allegations herein called the Law Office, ‘Gf Michael A. Pohl (sometimes referred to as eS “LOMAP”). & 3. I was introduced to Scott Walker (“Walker”) and Robbie Maxwell, the © | principals of Maxwell W alker Consulting Group, LLC (“Maxwell-Walker”), as well as Terry Robinsoi, and Steve Seymour (“Seymour”) in April 2012. I was introduced SS to Kirk Lady Laine’ approximately six to eight weeks later. These parties all held theiasdlves out to me as professional, experienced marketing consultants who had prior experience providing marketing and client-relations services on behalf of lawyers and law firms generally and in connection with claims asserted against British Petroleum arising from the Deepwater Horizon oil spill (“BP claims”) in particular. Robinson’s father-in-law, who Pohl was informed by Walker, Robinson and Seymour was a prominent local attorney who advised their group, met with Pohl on one occasion to discuss the services to be provided. 4. I initially contracted with Maxwell-Walker for it to prove exclusive © public-relations and client-liaison services in connection with existing and potential BP claims by signing what was represented by Walker tobe Maxwell-Walker’s customary services agreement. I was informed that Magiwell-Walker had retained Mississippi attorneys to advise it and confirm that its agreement with me as well a… | |
| 4 | 2018-10-15 | OA | Montague | Montague’s answer subject to special appearance | Defendants F. Douglas Montague III and Montague Pittman & Varnado, P.A.'s Original Answer Subject to Their Special Appearance, including general denial, 12 affirmative defenses, and request for disclosure | Montague Defendants' initial responsive pleading filed October 15, 2018, subject to their previously filed Special Appearance challenging personal jurisdiction. This answer preserves their jurisdictional objection while also responding to the merits of Pohl's Original Petition. | PLEAD-1 | N/A | Phase 1 | 2018-10-15_OA_Montague-Answer-Subject-to-Appearance_FILED.pdf | Grant of special appearance dismissing Montague Defendants for lack of personal jurisdiction; alternatively, denial of all relief against Montague Defendants with a take-nothing judgment; costs of court; and all other relief to which they may be justly entitled | 10/15/2018 10:49 AM Chris Daniel - District Clerk Harris County Envelope No. 28273574 By: ARIONNE MCNEAL Filed: 10/15/2018 10:49 AM NO. 2018-58419 MICHAEL POHL, ET AL § IN THE DISTRICT COURT OF Plaintiffs, § v. § § HARRIS COUNTY, TEXAS LANCE KASSAB, ET AL § r § C l Defendants. § 189TH JUDICIAL DISTRICT DEFENDANTS F. DOUGLAS MONTAGUE IItI AND MONTAGUE PITTMAN & VARNADO, P.A.’S ORDIGiINAL ANSWER SUBJECT TO THEIR SPECIAL APPEARANCE Subject to the their previously filed Special Appearance, Defendants F. Douglas Montague III and Montague Pittman & Varnado, P.AB. (“Defendants”) file this Original Answer to Plaintiff’s Original Petition and respectfully show the following: aI. GENERAL DENIAL 1.1. Pursuant to Rule 92, Defendants denies the material allegations made in the Plaintiffs’ Original Petition and aniy petition that may be filed hereinafter by way of amendment or supplement, and demand strict proof thereof by a preponderance of the evidence at trial. o II. AFFIRMATIVE AND ADDITIONAL DEFENSES Defendancts further assert the following additional and affirmative defenses in the alternative subject to their special appearance: 2.1. In the alternative, Plaintiffs’ claims are barred by a lack of standing. Specifically, Plaintiff did not have an attorney-client relationship with the Defendants nor were these Defendants a party or an attorney for a party to the underlying Pohl litigation with Favre and Precision. Therefore, these Defendants owe no duty to Plaintiffs. Moreover, the referral of cases to specialists are the type of professional services that routinely and commonly fall within the services that an attorney would provide and that the Defendants do provide, which would thereby provide immunity to these Defendants from liability. Consequently, there is no basis to assert a claim of liability whether by way of conversion, theft of trade secrets, conspiracky or otherwise against attorneys who are simply discharging traditional legal tasks. l 2.2. In the alternative, Plaintiffs’ claims for conspiracy and reclat… |
| 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… |
| 1 | 2018-08-28 | OP | Pohl | Original Petition — breach of settlement, conversion, TUTSA, conspiracy | Plaintiffs' Original Petition asserting breach of settlement agreement, conversion, TUTSA trade secret misappropriation, and civil conspiracy against multiple defendants | Initial filing commencing the lawsuit. Pohl and his law firm sue Favre, Precision, Kassab, Nicholson, and Montague for conduct arising from alleged theft and misuse of confidential client information and trade secrets. Filed August 28, 2018, assigned to the 189th District Court of Harris County, Texas, Cause No. 2018-58419. | PLEAD-1 | N/A | Phase 1 | 2018-08-28_OP_Pohl-Original-Petition_FILED.pdf | Judgment in Pohl's favor against all Defendants on all counts; actual damages within jurisdictional limits; injunctive relief under TUTSA § 134A.003; exemplary damages under §§ 41.001 et seq. and 134A.004(b); attorney's fees under §§ 38.001 et seq. and 134A.005; pre-judgment and post-judgment interest; trial by jury; and all other legal and equitable relief to which Pohl may be entitled | 8/28/2018 5:05 PM Chris Daniel - District Clerk Harris County Envelope No. 27116535 - . By: Walter Eldrid 2018-58419 / Court: 189 ried ate at Cause No. MICHAEL POHL, et al § IN THE DISTRICT COURT OF § Plaintiff, § HARRIS COUNTY, TEXAS § § NG LANCE KASSAB, et al § © Defendants. § JUDICIAE DISTRICT a, PLAINTIFFS MICHAEL POHL’S AND LAW OFFICE OF MICHAEL A. POHL, PLLC’S ORIGINAL PETITION © SUMMARY” Y 1. Plaintiffs Michael Pohl and Law Ome of Michael A. Pohl, PLLC (sometimes 8 collectively “Pohl”) sue Defendants Scott Favre and cott M. Favre PA, LLC (collectively “Favre”); Precision Marketing Group, LLC crisis Lance Christopher Kassab and Lance Christopher © Kassab, P.C. D/B/A The Kassab ae (collectively “Kassab”); Tina Nicholson and Baker Nicholson, LLP D/B/A Baker Nso Law Firm (collectively “Nicholson”); and F. Douglas Montague III and Montague ear & Varnado, P.A. (collectively “Montague’”). Favre, Precision, Kassab, Nicholson, and Montague are collectively called “Defendants.” 2. Defendait engaged in a scheme pursuant to which they illegally obtained, 2~O maintained, and asd trade secrets and other confidential information and property belonging to Pohl. Favre'sand Precision’s actions are in breach of a settlement agreement to which Pohl, Favre, and Precision are parties, and all Defendants’ actions constitute the torts of conversion and violations of the uniform trade secrets act, as well as conspiracy. 3. More specifically, Favre and Precision executed a settlement agreement with Pohl pursuant to which they agreed to return to Pohl certain information in their and their counsel’s possession, custody, or control; to permanently delete such electronically-stored information; and not to cause any claim to be made or filed against Pohl. Favre and Precision also warranted that they had not caused any suit or action to be filed against Pohl. At the time, Ene and Precision had possession, custody, or control of all such information that they had previously provided to S Kassab and/or Montague because Favre’s and Preci… |
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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
);