filings: 13

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filing_id date doc_type party description doc_type_detail procedural_posture chain outcome phase filename relief_requested full_text
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 defense, there is a plethora of evidence ekstablishing the defense.1 l Pohl is a seasoned lawyer who proclaims to be an outstanding cla t wyer.2 Moreover, his lawyer, Jean Frizzell (Frizzell) holds himself out to the world, amongs other things, as a “Top 100 Super Lawyer” with outstanding credentials.3 It is unfathomable to assume that Pohl and his “Super Lawyer” Frizzell could be so incompetent as to not know Pohl’s claims were dead on arrival when filed. Therefore, the only plausible explanation for filing Pohl’s frivolous claims were for retaliation purposes against Kassab for representing more than 400 clients against Pohl in four separate lawsuits, as stated in Kassab’as Motion to Dismiss. Thus, in addition to dismissing Pohl’s claims with prejudice, this Court should sanction Pohl and Frizzell in an amount sufeficient to deter them from bringing similar actions and/or filing similar frivolous pleadingsf in the future. See TEX. CIV. PRAC. & REM. CODE § 27.009(a). The Court should sanction Pyohl and Frizzell a minimum of fifty-thousand dollars ($50,000.00) in addition to the attorneCy’s fees and costs requested in Kassab’s Motion to Dismiss so that Pohl and Frizzell will fually understand that their actions have consequences and that the rule of law has meaning. Tfo do otherwise, will simply reinforce lawyers like Pohl and Frizzell to continue to harass,U create delay, increase the cost of litigation and create conflicts with impunity, and send 1 See Favre’s Motion to Dismiss, pp. 13-15 and Kassab’s Motion to Dismiss, pp. 26-28. 2 https://pohlatty.wordpress.com/ 3 https://www.reynoldsfrizzell.com/attorneys/jean-frizzell/ a message to lawyers like Pohl and Frizzell that the rule of law does not matter, the practice of law is simply a game and the truth is meaningless. CONCLUSION & PRAYER For the reasons stated herein, in addition to the reasons stated in Kasrsab’s Motion to Dismiss, Defendants/Counter-Plaintiffs Lance Christopher Kassab and The Kassab Law Firm respectfully request the Court to grant their Motion to Dismiss Pursurant to the Texas Citizens Participation Act and order that Plaintiffs take nothing in their claDims against Lance Christopher Kassab and The Kassab Law Firm. In addition, the Courts should award Lance Christopher Kassab and The Kassab Law Firm attorney’s fees as reqruested and sanction Plaintiffs and their counsel in an amount sufficient to deter them from bringing similar frivolous and retaliatory lawsuits in the future. l o Respectfully submitted, THE KASSAB LAW FIRM / s / Lance Christopher Kassab y LANCE CHRISTOPHER KASSAB Texas State Bar No. 00794070 C lance@kassab.law  DAVID ERIC KASSAB a Texas State Bar No. 24071351 c david@kassab.law f 1214 Elgin Street Houston, Texas 77004 U Telephone: 713.522.7400 Facsimile: 713.522.7410 ATTORNEYS FOR LANCE CHRISTOPHER KASSAB AND THE KASSAB LAW FIRM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument has been forwarded to all parties pursuant to the Texas Rules of Civil Procedure on this the 19th day of November, 2018. / s / Lance Christopher Kassakb Lance Christopher Kassab r

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