filings: 49

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filing_id date doc_type party description doc_type_detail procedural_posture chain outcome phase filename relief_requested full_text
49 2023-02-23 MTN Kassab Mtn to Reconsider or Rule Kassab Defendants' Motion to Reconsider or Rule on Three Prior Orders by Judge Dollinger Filed February 23, 2023 after the case was transferred from the 189th Judicial District Court (Judge Dollinger) to Judge Christine Weems's court on December 19, 2022. Kassab seeks reconsideration of three prior orders under Tex. R. App. P. 7.2(b) before challenging them via mandamus. MSJ-2R N/A Phase 4 2023-02-23_MTN_Kassab-Mtn-to-Reconsider-or-Rule_FILED.pdf Set the motion for hearing and, after hearing, reconsider the three orders by Judge Dollinger, vacate those orders, and grant the relief Kassab requested in each of them (abatement, RTP designation, and compelled discovery under offensive use doctrine) 2/23/2023 2:10 PM Marilyn Burgess - District Clerk Harris County Envelope No. 73050165 By: Bonnie Lugo Filed: 2/23/2023 2:10 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS § k § e SCOTT FAVRE, et al § 189th JUDICCIAL DISTRICT KASSAB DEFENDANTS’ MOTION TO RECONSIDER OR RULE TO THE HONORABLE JUDGE CHRISTINE WEEMS: i Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. D/B/A The Kassab Law Firm (collectively “Kassab”), and file this Motion to Reconsider or Rule, and would respectfully show the following. This case was transferred from the l189th Judicial District Court on December 19, 2022.1 Prior to transfer, Judge DMollinger entered orders that Kassab intends to challenge through petitions for writ of mandamus. However, under Texas Rule of Appellate Procedure 7.2(b), this Court must be given the opportunity to reconsider orders or actions of the predecessor judge that will be considered in the original proceeding. See Tex. oR. Civ. P. 7.2(b); In re Loomis Armored US, LLC, No. 01-21- 00027-CV, 2021 Tlex. App. LEXIS 1820, at *1 (Tex. App. – Houston [1st Dist.] Mar. 11, 2021, origi. proceeding) (mem. op.). Accordingly, Kassab files this motion requesting the Court to reconsider or rule on the following. 1 Although the order was signed on that date, it was not filed with the District Clerk until January 6, 2023. First, the Court should reconsider Judge Dollinger’s order denying Kassab’s motion to abate.2 As explained in Kassab’s motion to abate,3 this case is related to litigation that is currently pending against Pohl for civil barratry, which is the illegal and unethical solicitation of clients. See Cheatham v. Pohl, No. k01-20-00046- CV, 2022 Tex. App. LEXIS 6528 (Tex. App.—Houston [1st Dist.] ACug. 30, 2022, pet. filed) (mem. op.). In this case, Pohl seeks from Kassab attorney’s fees for defending against the Cheatham case and other barratry litigatioin that Kassab brought against Pohl on behalf of his clients. Although the Cheatham case was dismissed by the trial court, it was reversed and remanded by the First Court of Appeals. See id. at *1. It is questionable whether Pohl can sue Kassab for attorney’s fees and expenses incurred by Pohl in the underlyling barratry litigation when Pohl never requested and was not entitled to recMover those fees in the barratry litigation. But if Pohl can, then the extent of Pohl’s alleged damages are not yet known because the Cheatham case is still ongoinig. In fact, the outcome of Cheatham could result in a judgment against Pohl for barratry, which will definitively establish Kassab’s defenses to Pohl’s claoims. Accordingly, Kassab moved to abate the trial of this case pending resolutionl of the Cheatham case. Judge Dollinger denied that request. The Court should ireconsider that order before Kassab challenges it by way of mandamus. Second, the Court should rule on Kassab’s motion for leave to designate responsible third parties. On October 31, 2022, Judge Dollinger denied Kassab’s 2 Exhibit 1, September 23, 2022 Order Denying Motion to Abate. 3 See The Kasab Defendants Motion to Abate Trial Setting, filed on September 6, 2022 (File No. 103867326). motion for leave without prejudice to Kassab repleading.4 Kassab replead,5 and filed a supplemental motion for leave to designate responsible third parties.6 Pohl filed an objection to that designation.7 But Judge Dollinger made no ruling on Kassab’s responsible third party motion after the amendments. Accordingly, Kakssab requests a ruling on that motion. C Third, Kassab asks the Court to reconsider Judge Dollinger’s order denying Kassab’s motion to compel discovery from Pohl based on ithe doctrine of offensive use.8 That motion demonstrated that Pohl could not on the one hand sue Kassab for affirmative relief claiming Kassab stole his purported trade secrets – client information – and caused those clients to bring barratry claims against Pohl while at the same time “lower an iron curtain olf silence against otherwise pertinent and proper questions which may have a bMearing upon his right to maintain his action.” Ginsberg v. Fifth Court of Appeals, 686 S.W.2d 105, 108 (Tex. 1985). Judge Dollinger denied that motion ias well, thus denying Kassab relevant and material discovery going to the heart of Pohl’s claims and Kassab’s defenses. The Court should reconsider thoat order as well before Kassab challenges it by way of mandamus. l 4 Exhibit 2, October 31, 2022 Order on Motion for Leave. 5 See Defendants Lance Christopher Kassab's and Lance Christopher Kassab PC D/B/A The Kassab Law Firms Eighth Amended Answer and Affirmative Defenses and Counter-Claim, filed on November 14, 2022 (File No. 105099885). 6 See Kassab Defendants' Supplemental Motion to Designate RTP, filed on November 15, 2022 (File No. 105119450). 7 See Pohl's Objection to Kassab's Supplemental Motion to Designate Responsible Third Parties, filed on November 30, 2022 (File No. 105341290). 8 Exhibit 3, November 28, 2022 Order Denying Motion to Compel. For the reasons stated herein, Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. D/B/A The Kassab Law Firm move the Court to set this motion for hearing and, after hearing, promptly reconsider the orders and rulings made by Judge Dollinger, vacate those orders, and grant the reklief requested by Kassab in each of them. C Respectfully submitted, THE KASSAB L DAWi FIRM _______e___________________ DAVID ERIC KASSAB Texuas State Bar No. 24071351 david@kassab.law LANCE CHRISTOPHER KASSAB lTexas State Bar No. 00794070 a lance@kassab.law M NICHOLAS R. PIERCE  Texas State Bar No. 24098263 nicholas@kassab.law e 1214 Elgin Street i Houston, Texas 77004 f Telephone: 713-522-7400 Facsimile: 713-522-7410 E-Service: eserve@kassab.law ATTORNEYS FOR KASSAB DEFENDANTS i CERTIFICATE OF SERVICE I certify that on this date, February 23, 2022, I electronically filed this document with the Clerk of the Court using the eFile.TXCourts.gov electronic filing system which will send notification of such filing to all parties or counsel of record. _______________________ DAVID ERIC KASSAB Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. David Kassab Bar No. 24071351 david@kassab.law r Envelope ID: 73050165 Status as of 2/23/2023 4:12 PM CST Case Contacts r i Name BarNumber Email TimestampSubmitted Status Jean C.Frizzell jfrizzell@reynoldsfrizszell.com 2/23/2023 2:10:22 PM SENT Harris Wells hwells@reynoldsgfrizzell.com 2/23/2023 2:10:22 PM SENT Todd Taylor ttaylor@jandfluaw.com 2/23/2023 2:10:22 PM SENT Scott M.Favre scott@favrepa.com 2/23/2023 2:10:22 PM SENT Lawyer Wade lawyerwyade@hotmail.com 2/23/2023 2:10:22 PM SENT Murray Fogler mfaogler@fbfog.com 2/23/2023 2:10:22 PM SENT Murray JFogler mfogler@foglerbrar.com 2/23/2023 2:10:22 PM SENT Andrew Johnson oajohnson@thompsoncoe.com 2/23/2023 2:10:22 PM SENT Benjamin Ritz britz@thompsoncoe.com 2/23/2023 2:10:22 PM SENT Chris C.Pappas f cpappas@krcl.com 2/23/2023 2:10:22 PM SENT Todd Taylor ttaylor@jandflaw.com 2/23/2023 2:10:22 PM SENT Misty Davis p mdavis@reynoldsfrizzell.com 2/23/2023 2:10:22 PM SENT Non-Party Witness Billy SheCpherd bshepherd@spcounsel.com 2/23/2023 2:10:22 PM SENT Lance Kassab a l eserve@kassab.law 2/23/2023 2:10:22 PM SENT Non-Party Dona Pohl DonaLyann@yahoo.com 2/23/2023 2:10:22 PM SENT Non-Party Edgar Joaimes edgarsroom@gmail.com 2/23/2023 2:10:22 PM SENT Zandra EFoleUy zfoley@thompsoncoe.com 2/23/2023 2:10:22 PM SENT Dale Jefferson 10607900 jefferson@mdjwlaw.com 2/23/2023 2:10:22 PM SENT Raul Herman Suazo 24003021 suazo@mdjwlaw.com 2/23/2023 2:10:22 PM SENT Kevin Graham Cain 24012371 cain@mdjwlaw.com 2/23/2023 2:10:22 PM SENT Murray J. Fogler 7207300 mfogler@foglerbrar.com 2/23/2023 2:10:22 PM SENT Murray J. Fogler 7207300 mfogler@foglerbrar.com 2/23/2023 2:10:22 PM SENT

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