*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/23/2015 3:34:39 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00230-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 3/23/2015 3:34:39 PM CHRISTOPHER PRINE CLERK CAUSE NO. 2012-44569

ALAN BENTZ, M.D., § IN THE DISTRICT COURT OF

Applicant, § §

v. § HARRIS COUNTY, TEXAS §

GEORGE DAVIS, M.D., et al., ~ !90th JUDICIAL DISTRICT

Respondents.

APPLICANT'S REQUEST FOR PREPARATION OF CLERK'S RECORD

TO: Harris County Civil Post Trial Department,

Harris County Civil Courthouse, 201 Caroline, Room 250, Houston, Texas 77002

I. Pursuant to Texas Rule of Appellate Procedure 34.5, Applicant Alan Bentz, M.D.

("Dr. Bentz"), respectfully requests that the Clerk prepare the Clerk's Record for the appeal in

the above-referenced case. The appeal has been assigned appellate Case No. 0 1-15-00230-CV

and has been assigned to the First Court of Appeals sitting in Houston, Texas.

2. Because. the Respondents/ Appellants in this cause have already requested the

inclusion in the record of all necessary documents, Dr. Bentz need not request any additional

documents. However, for the sake of clarity, Dr. Bentz does specifically request that the Clerk

include in the record the 23-page version of the pleading entitled "Dr. Bentz's Reply in Support

of his Application to Confirm an Arbitration A ward and Response to Entity Respondents'

Motion to Vacate," which was filed on 12/112014 in Envelope No. 3323802 and bears Image

Number 63330249 on the Harris County District Clerk's website. A 3-page version of this

pleading was mistakenly filed the same day, but the 23-page version is the pleading that Dr.

Bentz requests be included in the record. Counsel for Dr. Bentz is available to consult with the

Clerk if there should be any questions related to this Request.

3. Once the Clerk has notified undersigned counsel for Dr. Bentz of the amount of

the fee, if any, for preparing this record, Dr. Bentz will remit payment of said fee as required. - 1 -

53962054.2

Dated: March 23,2015 NORTON ROSE FULBRIGHT US LLP

Is/ Rachel Roosth

Andrew Price

State Bar No. 24002791

andrew. price@nortonrosefulbright.com Rachel Roosth

State Bar No. 24074322 rachel.roosth@nortonrosefulbright.com Fulbright Tower

130 I McKinney, Suite 5100

Houston, TX 77010-3095

Telephone: (713) 651-5151

Facsimile: (713) 651-5246

Attorneys for Alan Bentz, M.D.

CERTIFICATE OF FILING AND SERVICE

On March 23, 2015, this Request for Preparation of Clerk's Record was electronically

filed in compliance with Texas Rule of Appellate Procedure 9.2(c) with:

Mr. Christopher Prine

Clerk of the Court

First & Fourteenth Courts of Appeals

301 Fannin

Houston, TX 77002

I also hereby certify that a true and correct copy of this Request was served upon all

parties' counsel of record in accordance with the Texas Rules of Civil Procedure on March 23,

2015.

Is/ Rachel Roosth Rachel Roosth - 2-