Case Information

*1

*2

Identity of Metics

Relative: 18. Lakewh Amie-Steel Kgnsoy II Prison Unit 1200 FAl 655 Kashneon, Texas 77583-8602 Phone (281) 575 - 3443 Respondent: 191 st District Court of La/Ins, Texas and Sndge Gena Slaughter George Allen Seiler Giuethouse 600 Commerce Street, La/Ins, Texas 75002-4606 Phone (214) 653-6609 Real Parly In Interest: Quik Trip Cooperation and Chester Adicnill to The, Rarike, Geony 2015 Westale Plaza, Geqperine, Texas 76051 Phone (244) 799-0550

*3 Table of Contents $\frac{A_{AgE}}{01}$ Identity of Parties Index of Authorities Introduction Statement of The Case Statement of Jurisdiction Issue Presented Statement of Facts Agument and Authorities $\frac{A_{AgE}}{01}$ 03-04 05 06-08 08 09 10-14 14-18 19 Certification Certificate of Service Appendix

19-20 20-21 21-27

*4 Index of Authorities Cases

Bnenes vs. State, 832 SW. 24424 (Tex.pp. No. (in 1972) ... 18

Crowd. vs. Shields, 385 SW. 24580 (Tex. App.-SaliAs (969) ... 15

Eli Lilly's vs. Maestall, 829 SW. 2157 (Tex. 1972) ... 9,15

IneE: Amie-Swirl, 359 SW. 3 d 180 (Tex. App.-SaliAs 2012) ... 9, 15

IneE: Redistint. Ins. Co., 148 SW. 24124 (Tex. 2004) ... 18

Wallace vs. Racke, 827 SW. 248333 (Tex. 1972) ... 18

*5

Constititions United States Constitutional Amendments 1st 5th 9th and 14th ... 8, 9, 17 Texas Constitution Article I, Sections 3, 34, 13, 19, 27-3-27 ... 8, 9, 17 Texas Constitution Article II, Section 6(4) ... 8

Statutes Texas Government Code 322, 221(a) ... 8

Rules of Court Texas Rules of Civil Rраichies, 174 ... 11 Texas Rules of Appellate Rраichies 52-3 ... 19,21, 22, 23, 24, 25, 26, and 27 Collins Local Civil Rules 202 ... 13, 14, 16

Others

Texas Experiment of Criminal Justice ( 70 c ) (a) Based Policy 186-23-2 ... 13 (b) Access To Courts Policy-190 ... 12, 19

*6 To The Justice of This Court:

Rubio Laksith Anie -Saeir, His V his petition for weight of manitanee for the purpose of compelling the 19 st District Court of Julius Cawley and the presiding judge GENa Slaughter of HJill thoze ministerial duties by conducting a hawing, and at said hawing consider and Resoder decisions on the Ralistoe's property pending motions which have allbeds becoopht to the attention of the trial court. Ralistoe has no adequate applase remedyant a reasonable amount of time has elgast without the Repondents making any abous of Ralistoe's motions. (SEC. Repartix, Exhibit No. 80.)

*7 Statement of the Case

The federal and procedural background of the underlying case is fairly known to this Court as a result of its reulings in appeal cases number 05-09-01493-cv, 05-12-01143-cv, and 05-14-01511. Therefore, I shall be not to believe this Court regarding such matters here.

This is a slip and fall case filed on October 08, 2009. Since this court of appeals has demanded the case back to the field court. Since the second demand on November 25, 2013, Judge M. Lowy refused himself and the case was reassisted to the 44th District Court of Judge Carlos Cortez. Then on June 06, 2014, Judge Cortez refused him self and the case was reassisted to the 191st District Court of Judge E. E. Shughthine (herein the refered to as the Respondent).

*8 On July 18, 2014, the Respondent consolidated two Aussuits Relative had filled against Quik Teip Cooperation and Chester Cratier III to try and recover his costs of Appenb which had been seekred by this Soviet in the Peecesly Remands on April 13, 2011, and Novembre 25, 2013. On September 19, 2014, the Respondent sent a letter to the Relative to the and directly some of the confusion regarding motions Relative was requesting a beaming on, On November 18, 2014, Relative filed a petition for a letter of mordamus which was serboequently denied. On January 07, 2015, the Respondent sent a letter deder to all parties in which she attempted to resolve the Relakes request toe his motion. In the letter under secreted motions were granted or denied. By letter dated January 18, 2015, the Relakes remaining motions were set the reference contestive for January 07, 2015, and this was themmer postponed. Hearings for July 18, 2015,

*9 Then July 19, 2015, and currently September 18, 2015, have been set by the Respondent to consider and receive decisions on the Defendant's Amended Motion for Protective Order and for Correlations, and on Government's Motion for Protective Order Regarding Plaintiff (iscourty Regues). (See: Appendix, Exhibit No. *22) None of the Retailer's postponed motions from January 27, 2015, nor any other remaining motivus brought to the Respondent's Affection have been set for a hearing of the date this petition was submitted for filing.

Statement of Jurisdiction This canet has jurisdiction to issue a unit of mandaress pursuant to Texas Government Code 522, 22100 and Texas Constitution Article I, section 6(A), and the Fifth, Ninth, and forerteenth Amendments to the United States Constitution.

*10

Issue presented

1) A teial court places its dissection when it fails to rule on pectoral motions that have been peepely pescated to it within a reasonable time as in the underlying case. 2) By refusing and tailing to conduct a boring asterequesttly, ReIshad and rendex decisions on the ReIshes peepedy perding motions,leguests brought to the ReSpondents attention, that constitutes an abuse of disceetion anddenial of due process due course of law, equal access to the courtiy equal pestiction of the laws. 3) The Reltoe has motions perding which mepuieesthe Respondent, to take action on peace to any neppings fied on September 18 , 2015, on the deteold, its motions (tled "athe" the Reltoes motions). And the Respondent, necesi, to a "spection by not nating a "all" parties, notion of nition, ete, the time. 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*11 Statement of Facts Relator has twice had adverse findings dismissing the underlying case error remanded to the third case. In this matter, the Respondents Juda Gena Slaughter and the 1912 Dishy's secret of Dallas Cachby, have had juחון- diction over the underlying case since June 06, 2014.

In response to Relator's Requests, for hearings on his motions, the Respondent Judge Slaughter on January 27, 2015, made the following decisions fculings by letter to all parties: a) The Court agrees to hold all hearings by teloftone conference, however a specific erede must be issued for each hearing to ensure the correctional facility provides telephone access to a prisoner. b) The Court will also issue an Order as necessary to allow Plaintiff to announce ready for reistat such time as is needed. c) The Court agrees to have the court

*12 d) After consideration of the Motions for Alternative Signate Resolution (tiled 11/25/2009 and 19/23/2011), the Coverd denies the Relief Requested. e) The Covert is unable to consider the meekits of Plaintiffs motions to dem matties admitted by defendant Labour. f) The Covert is setting for hearing - for January 29, 2015 - Plaintifs Motions To Compel Clistike Labour to Make Sislosure As Required By Rule 194, Plaintiffs Motions To Compel Quik Trip To Make Sislosure As Required By Rule 194, Motion To Compel Quik Trip To Request To Enter, Propheies and Request for Reduction of Documents, Plaintiffs Motions To Compel Reduction of Documents Requested by Plaintift.

During the hearing conducted on January 29, 2015, the Respondent Judge Shigido ordered the hearing postponed to Returce could of unity for the Secret and defendants in ueirting the complaints Relate has with respect to the discovery Associates of defendants Quik Trip and Labour. In a letter dated and mailed on February 05, 2015, to the (II)

*13 Respondents and Attorney Sonnen C. Franke, Relative identified as ordered his discovery responses complaint. (See: Appendix, Exhibit No. 23) Hower, to date, the Respondents have failed to effect the Relator's motions for a hearing so endings could be made in a reasonable time. In addition to those discovery-related motions, the Relator has the following motions properly pending before the Respondents, some of which requirels a decision by the Respondents or ane to any other hearings are conducted: a) Plaintiffs Motion for Court Order Account To 78.25 Acess To Courts (ATC) foling - 170 Contidential Telleontiennes, dated January 12, 2015. (See: Appendix, Exhibit No. 24) b) Plaintiffs objection To The Administrative Losure. (Sek. footnote page 22, March 25, 2015 c) Plaintiffs Motion To Heate The Order Administetively closing The Case. (See: Footnote page 22, March 25, 2015 ordered signed by Yostic, Robert M. Fillmore)

*14 ON JUNE 23, 2015, Relake received a letter from The Ravice Group while on A bench wperant to the Berboeia County TAN. That letter informed Relafoe that the Respond- ents had set the detendants Quik, the in and Chester Catione III motions for a hearing on July 07,2015. (See Appendix, Exhibit No. #22) Although no attempt by the detendants carried to comply with the TAN's Board Policy 03.81 Section III governing legalcalls to (be r) made, the interagery, knowingly made false statements in the motions, himself, the Catechists of Conference section, by alleging they could not confer with the Relafoe as they've previously complained. was vislable of local civil eutics of concret p. 07 not to do so or attempt to do so, if possible. Relafoe received another note (amended) minal while on bench wperant about a July 17,2015, hearing that the Respondents had settore the detendants. BP-03.81 Section III (13.)

*15 and the local Civil Rule 207 was keenly circumvented in order to get the homing set. Relator made complaints to the Respondents and attipency DomA C. Fayler about the foremonstrated anties and more causing such to come to a halt in connection with the September 18,2015, bearing scheduled, Narettelss, the Respondents have refused and failed to take any actions on the Feburaryos, 2015 and March 05, 2015, letters to the court that responders, for the detendants in the case below, see: "Agedis, Exhibit No. 25"

Reguments and Authorities Relator request this court exercise its authority to take judicial notice of the documents filed in Appoul number 05-14, 01514, and any of the cases necessary to establish the facts of this litigation and

*16 Related things as the interest of justice may demand.

The defendant's motion currently set for a beeping on September 18, 2016, was Aled months after "the Relatives motion. It deteriorants two (a) motions for beeping has elapsed, when so has a "Reasonable time" Elapsed for the Respondents to of set the Relatives motion for a beeping so decisions could be wondered. When a motion (or motions) is properly filed, beaght to the courts asthm that said and, the Texas Supreme Court has stated the act of giving consideration and ruling upon it is a ministerial duty (see: EJ)illy (See also: Search vs. Sticlds, 385 SWLsd. 580 (Tex. App. - Dr/As 1964), and In Re: Amie- Staelly 357 SWLsd 180, 181 (Tex. App. - Dr/As 2012)) Under the irreftitable facts in the Record now before this court, the Respondents have (5)

*17 Knowingly abused Yhene dissection. Regreeding the performance of the Ministeral duty at issue here by 'Repontally" setting the detendants notions for a however Gince the TANsary 27, 2015, keeping condetched while completely and consciously failing to take similar actions with the Relator's motions.

The Real poetics in interest arguments previously made about local Rule 207 ( during Appal number as-14-01514-CV) is most as it relates to the Relator's motions at issue in YKis petition. This is so because the court and all parties have acknowledged the motions and a practical hearing was even bequn so address "a couple of" Relator's motions. by TANsary 27, 2015, but never meet as the Repor- dent Judge Sloegitte promised to do during the last hearing condetched.

Relator has established that his motions have been properly pending before the Reponders and that a 'Reasonable time" he elapsed and there has been no action taken (6)

*18 on his motions, unlike the actions being taken on the motions filed by the opposing parties. His constitutes an abuse of dissection because the Related's motions are being ignored and consequently Related's constitution of rights of equal access to the courts, due process, due courses of law, equal protection of the law and the right to petition and be named "have and continue to be visited by the Respondents (see: U.S. Const. Amend. 18, 5th of 24 and 14th Tex. Const. Article 2, 3, 3A, 13, 19, 29, and 29). Before any hearing is conducted again in the case below, the nature and belief spuglt in Manitit's Motion for Cover Office Relevant To Effects Access To Coverts (20 Confidential Teleconference, the Respondents must consider and word a decision on it. This tract was known as "stand of been known by the Respondents before they set the July of 2015, July 17, 2015, and September 18,2015 bearings on the detendants motions.

*19 As if now stands based on an objective analysis of the factual recosed before this covert, the opposing party in the case below is received between a treatment from the Respondents as it relates to the recess to the 1912 District Court. or the Respondents' movement is of rotating which parties motions and requests get the desert's attention and are acted on, and which parties wont. Relative has no adequate remedy available and as a matter of the the radicaleic camstgrecs minidates, but a merit of mandamas will issue to compel the Respondents performance of the mission. special duty of issue in this matter. (See: Relative vs. Racker, 837 SW, 2d833,837 (Tex. 1992); In Re Reudential Ins. (2, 148 SW, 2d 124, 135-136 (Tex. 2004); and BANDS vs. State 832 SW, 2d 124, 126 (Tex. App - Reudion 1992)

*20

Prayer

For the reasons presented above and not inconsistent with the legal peecedant cited and the governing constitutional provisions relied upon the mandames Relief sought should be granted. Relator also repdesst that Yars Colet grantellin Relief in law and equity this coset knows the Relator to be entitled to and which the interest of justice calls toe. Respectfully submitted on September 12, 2007, EAKER AII E 55 Rostern, Texas 77583 - 8602 Certitation In Accordance with Tex.R. Hp. 1523 and, all other relevant rules of coset Relator states underpensity of peeyuey (19)

*21

I costly I have received in its entirety the above petition for a get of mandamels and consider that every factual statement made here in this petition and the exhibits attached to the apparel is supported by competent evidence included in the appendix and the record. executed in Beazoeia County, Texas on September 04, 2015

Certificate of Service

By depositing a correct copy of above petition for a set of mandamels into the persion's outgoing mail system addressed to Judy G. KNASSaughte, 1912.3.5 strict Court 600 Commente Street Sallin, TX 75202, and The Review Law Group, 2215 Westgate Plaza, Gerperine, TX 76051, I ceetty service by popular U.S. slail (80.)

*22

has been made on September 24, 2015.

Appendix

Exhibits Numbar $01-05$ (1) Sween copies per Tinklypt. Sa. 3(R))

(21)

*23 In Re: Anie- Sheif Hypol No. ${}^{\#}$

Chsuown E eclaration Relevant to To: R.Appl. 50.3(4) And emetic perishy of peryury, I Lakish Anie-Sheif (1887#1505767) being curentily in state person, didnces thatly he documens presented in Exhibit No. 2L of this appendix are asthenic and there copis of the matter complined of. Executed in Berzoin County, Texas on September 04, 2015, Lakish Anie-Sheif (3a.)

*24

*25

REGISTER OF ACTIONS

CASE No. DC-09-13818

| LAKEITH AMIR-SHARIF vs. QUICK TRIP CORPORATION, et al | $\&\text{§}\&\text{§}\&\text{§}\&\text{§}\&\text{§}$ | Case Type: OTHER PERSONAL INJURY
PREMISES
Date Filed: 10/02/2009
Location: 191st District Court | | :--: | :--: | :--: |

Related Case Information

Related Cases

DC-14-03023 (CONSOLIDATION) DC-14-03842 (CONSOLIDATION)

PARTY INFORMATION

DEFENDANT

DEFENDANT

QUICK TRIP CORPORATION

PROF

EVENTS &; ORDERS OF THE COURT

12/16/2009

10/09/2009 10/09/2009

| DISPOSITIONS | | :-- | | NON-SUIT/DISMISSAL BY PLAINTIFF / PETITIONER (Judicial Officer: LOWY, MARTIN) | | Vol./Book 434E, Page 686, 3 pages | | NON-SUIT/DISMISSAL BY PLAINTIFF / PETITIONER (Judicial Officer: LOWY, MARTIN) | | Vol./Book 444E, Page 280, 1 pages |

OTHER EVENTS AND HEARINGS

10/02/2009 10/02/2009 10/02/2009 10/09/2009 10/09/2009

| AFFIDAVIT | | :-- | | MISCELLANOUS EVENT | | PREMISES LIABILITY COMPLAINT | | ISSUE CITATION | | CITATION | | QUICK TRIP CORPORATION | | CADIEUX, CHESTER, III | | AFFIDAVIT INABILITY TO PAY | | ORIGINAL ANSWER - GENERAL DENIAL | | MOTION - DISMISS | | NOTICE OF HEARING / FIAT |

*26 | 11/12/2009 | Special Exceptions (9:30 AM) (Judicial Officer LOWY, MARTIN) | | :--: | :--: | | $11/12/2009$ | ORDER - VEXATIOUS | | | Val./Book 434E, Page 534, 1 pages | | $11/13/2009$ | NOTE - CLERKS | | | C-PLTF AND DEF VEXATIOUS LITIGANT | | $11/13/2009$ | NOTE - CLERKS | | | CC DL | | $11/20/2009$ | CORRESPONDENCE - LETTER TO FILE | | $11/20/2009$ | RESPONSE | | | to mitt/smiss | | $11/20/2009$ | MOTION - MISCELLANOUS | | | all proceedings be conducted via video | | $11/20/2009$ | CORRESPONDENCE - LETTER TO FILE | | $11/20/2009$ | MISCELLANOUS EVENT | | | request court to order discovery control plan | | $11/20/2009$ | OBJECTIION | | | to special exceptions | | $11/25/2009$ | MOTION - MISCELLANOUS | | | ADR REFERRAL | | $11/25/2009$ | MISCELLANOUS EVENT | | | JUDICIAL NOTICE TO COURT | | $11/25/2009$ | MOTION - DEFAULT JUDGMENT | | $12/02/2009$ | AMENDED PETITION | | $12/02/2009$ | AMENDED PETITION | | $12/02/2009$ | AMENDED PETITION | | $12/02/2009$ | MISCELLANOUS EVENT | | | REQ TRIAL SETTING | | $12/02/2009$ | MOTION - MISCELLANOUS | | | TELE ACCES TO ANNOUNCE READY | | $12/02/2009$ | MISCELLANOUS EVENT | | | HABEAS CORPUS TESTIFICATION | | $12/04/2009$ | OBJECTIION | | | and m/vacate order | | $12/04/2009$ | MISCELLANOUS EVENT | | | request for hearing | | $12/04/2009$ | CORRESPONDENCE - LETTER TO FILE | | $12/09/2009$ | MISCELLANOUS EVENT | | | req for hearing-2 | | $12/10/2009$ | MISCELLANOUS EVENT | | | 2ND REQ HEARING | | $12/16/2009$ | NOTE - CLERKS | | | C-ALL DISMISSAL | | $12/22/2009$ | NOTICE OF APPEAL - CT. OF APPEALS | | $12/22/2009$ | AFFIDAVIT INABILITY TO PAY | | $12/22/2009$ | MISCELLANOUS EVENT | | | APP AND AFFIDAVIT TO PROCEED ON APPEAL | | $12/30/2009$ | FINDINGS OF FACTICONCLUSIONS OF LAW | | $01/28/2010$ | CORRESPONDENCE - LETTER TO FILE | | $04/13/2011$ | OPINION | | | COURT OF APPEALS | | $04/28/2011$ | MOTION - MISCELLANOUS | | | MOTION FOR CONSIDERATION AND RULINGS ON ALL MOTIONS FILED | | $04/28/2011$ | MOTION - MISCELLANOUS | | | MOTION FOR ORDER | | $05/05/2011$ | CORRESPONDENCE - LETTER TO FILE | | $05/05/2011$ | CERTIFICATE OF LAST KNOWN ADDRESS | | $05/17/2011$ | MOTION - MISCELLANOUS | | | PLAINTIFFS REQUEST FOR PRODUCTION OF DOCUMENTS | | $06/23/2011$ | REQUEST FOR SERVICE | | $06/23/2011$ | ISSUE CITATION | | $06/23/2011$ | MOTION - RECUSE | | $06/23/2011$ | MISCELLANOUS EVENT | | | SECOND AMENDMENT CIVIL COMPLAINT | | $06/29/2011$ | MISCELLANOUS EVENT | | | COURT OF APPEALS MANDATE | | $06/29/2011$ | CORRESPONDENCE - LETTER TO FILE | | | COURT OF APPEALS MANDATE LETTER | | $06/29/2011$ | MISCELLANOUS EVENT | | | COA-MANDATE-R/R | | $06/29/2011$ | MANDATE/R&;R (OCA and REOPEN CASE) | | | Val./Book 441E, Page 25, 1 pages | | $07/01/2011$ | ORDER - MISC. | | | REFERRAL | | | Val./Book 441E, Page 008, 1 pages | | $07/05/2011$ | CITATION | | | 3 CITS CERT MAIL 2ND AMD |

*27 | | QUICK TRIP CORPORATION | Served | $07/11/2011$ | | :--: | :--: | :--: | :--: | | | | Returned | $07/12/2011$ | | | CADIEUX, CHESTER, III | Served | $07/11/2011$ | | | | Returned | $07/13/2011$ | | | VAUGHAN, COREY | Returned Unserved | $07/26/2011$ | | | ORDER - DENY | Returned | $07/26/2011$ | | 07/05/2011 | M/RECUSE | | | | | Vol./Book 441E, Page 28, 1 pages | | | | 07/06/2011 | CORRESPONDENCE - LETTER TO FILE | | | | 07/06/2011 | CORRESPONDENCE - LETTER TO FILE | | | | 07/18/2011 | CORRESPONDENCE - LETTER TO FILE | | | | 07/21/2011 | CORRESPONDENCE - LETTER TO FILE | | | | 07/26/2011 | DESIGNATE LEAD COUNSEL | | | | 08/19/2011 | MOTION - MISCELLANOUS | | | | | MOTION TO DECLARE PLTF A VEXATIOUS LITIGANT AND REQUEST FOR SECURITY | | | | 08/29/2011 | RESPONSE | | | | | PLTF | | | | 09/06/2011 | MOTION - MISCELLANOUS | | | | | MOTION FOR TELEPHONIC HEARINGOR VIDEO CONFERENCE HEARING | | | | 09/19/2011 | OBJECTION | | | | | PLTF-JUDGE LOWY PRESIDING OVER HEARINGS/CASE | | | | 09/29/2011 | OBJECTION | | | | | DEF | | | | 10/06/2011 | NOTICE OF HEARING / FIAT | | | | | RESCHEDULED | | | | 10/26/2011 | MOTION HEARING (9:15 AM) (Judicial Officer LOWY, MARTIN) | | | | | DEFT-DECLARE PLTF-VEXATIOUS LITIGANT | | | | | 10/06/2011 Reset by Court to 10/26/2011 | | | | 11/09/2011 | NOTE - ADMINISTRATOR | | | | | SEE NOTES | | | | 12/14/2011 | NOTICE OF CHANGE OF ADDRESS | | | | | LAKEITH AMIR SHARIF | | | | 12/16/2011 | COLLECTIONS - FINANCIALS | | | | 12/23/2011 | MOTION - MISCELLANOUS | | | | | 2ND MOTION FOR ADR REFERRAL | | | | 12/28/2011 | CORRESPONDENCE - LETTER TO FILE | | | | 12/29/2011 | CORRESPONDENCE - LETTER TO FILE | | | | 12/29/2011 | NOTICE OF CHANGE OF ADDRESS | | | | | PLTF | | | | 12/29/2011 | NOTICE OF CHANGE OF ADDRESS | | | | | PLTF | | | | 01/09/2012 | MOTION - MISCELLANOUS | | | | | 3RD MOTION FOR CONSIDERATION AND RULINGS ON ALL MOTIONS FILED TO THE COURT | | | | 01/09/2012 | MOTION - COMPEL | | | | | MOTION TO COMPEL CLERK TO SERVE DEFENDANT COREY VAUGHAN COPY OF PLTFS AMENDED COMPLAINT | | | | 01/13/2012 | CORRESPONDENCE - LETTER TO FILE | | | | 01/17/2012 | MOTION - MISCELLANOUS | | | | | 4TH MOTION TO CONDUCT A HEARING | | | | 01/17/2012 | CORRESPONDENCE - LETTER TO FILE | | | | 01/23/2012 | CORRESPONDENCE - LETTER TO FILE | | | | 02/02/2012 | ISSUE WRIT | | | | 02/02/2012 | BENCH WARRANT | | | | | PER JUDGE LOWY, HAND DELIVERED TO COURT CLERK | | | | | AMIR-SHARIF, LAKEITH | Returned Unserved | 07/03/2012 | | | | Returned | 07/03/2012 | | 02/02/2012 | ORDER - VEXATIOUS | | | | | HRNG ON DEFT-M/OECLLARE PLTF-LITIGANT | | | | | Vol./Book 443E, Page 285, 1 pages | | | | 02/02/2012 | ORDER - MISC. | | | | | BENCH WARRANT | | | | | Vol./Book 443E, Page 296, 3 pages | | | | 02/07/2012 | CORRESPONDENCE - LETTER TO FILE | | | | 02/13/2012 | NOTICE OF APPEAL - CT. OF APPEALS | | | | | 2/17/12 NOTIFIED BY STHCOA | | | | 02/15/2012 | CORRESPONDENCE - LETTER TO FILE | | | | 02/22/2012 | MISCELLANOUS EVENT | | | | | STHCOA CARD | | | | 02/27/2012 | CORRESPONDENCE - LETTER TO FILE | | | | 02/27/2012 | CORRESPONDENCE - LETTER TO FILE | | | | 02/28/2012 | MOTION - MISCELLANOUS | | | | | FOR COURT TO CONDUCT A HEARING AND CONSIDER ALL OF PLTFS MOTIONS | | | | 03/07/2012 | NOTICE OF CHANGE OF ADDRESS | | | | 03/08/2012 | MOTION HEARING (2:00 PM) (Judicial Officer LOWY, MARTIN) | | | | | BENCH WARRANT-DEFT'S MOTION TO DETERMINE IF PLTF IS A VEXATIOUS LIGITIANT | | |

*28 | 03/08/2012 | Result: HEARING HELD | | :--: | :--: | | | ORDER - VEXATIONS | | | DECLARE PLTF LITIGANT | | | Vol./Book 443E, Page 703, 1 pages | | 03/23/2012 | CORRESPONDENCE - LETTER TO FILE | | | COURT OF APPEALS | | 03/30/2012 | MOTION - RECONSIDER | | 04/16/2012 | NOTE - CLERKS | | | 05-12-00192-CV DISMISSED BY STHCOA 3/22/12 AT APPELLANTS REQUEST | | 04/25/2012 | CORRESPONDENCE - LETTER TO FILE | | 04/30/2012 | CORRESPONDENCE - LETTER TO FILE | | 05/04/2012 | MOTION - RECONSIDER | | 05/04/2012 | REQUEST FOR FINDING OF FACTICONCLUSIONS OF LAW | | | PLTF | | 05/21/2012 | CORRESPONDENCE - LETTER TO FILE | | 05/21/2012 | MISCELLANOUS EVENT | | | NOTICE OF PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW | | 06/06/2012 | CORRESPONDENCE - LETTER TO FILE | | 06/06/2012 | CORRESPONDENCE - LETTER TO FILE | | 06/07/2012 | CORRESPONDENCE - LETTER TO FILE | | 06/08/2012 | AFFIDAVIT INABILITY TO PAY | | 06/08/2012 | CORRESPONDENCE - LETTER TO FILE | | 06/08/2012 | CORRESPONDENCE - LETTER TO FILE | | 06/15/2012 | CORRESPONDENCE - LETTER TO FILE | | | COA | | 06/15/2012 | NOTICE OF APPEAL - CT. OF APPEALS | | | 6/18/12 MAILED LETTER REQUESTING DESIGNATION LETTER WIN 3 DAYS. | | 06/18/2012 | MANDATE DISMISS | | | Vol./Book 444E, Page 801, 1 pages | | 06/19/2012 | MISCELLANOUS EVENT | | | COA MANDATE | | 06/25/2012 | CORRESPONDENCE - LETTER TO FILE | | 06/25/2012 | CORRESPONDENCE - LETTER TO FILE | | 06/25/2012 | MOTION - MISCELLANOUS | | | 2ND MOTION TO CONDUCT HEARING AND RENDER DECISIONS ON PLTFS PENDING MOTIONS | | 07/02/2012 | CORRESPONDENCE - LETTER TO FILE | | 07/05/2012 | NOTE - CLERKS | | | COPY OF CASE SUMMARY MAILED AS REQUESTED TO SUBMIT DESIGNATION LETTER FOR NOA | | 07/20/2012 | REQUEST CLERK PREPARE RECORD | | 07/24/2012 | MOTION - MISCELLANOUS | | | MOTION TO STAY JUDGMENT PENDING APPEAL | | 07/30/2012 | CORRESPONDENCE - LETTER TO FILE | | | REQUEST FOR HEARING | | 07/30/2012 | MOTION - MISCELLANOUS | | | 3RD MOTION FOR JUDGE TO CONDUCT HEARING | | 08/02/2012 | CORRESPONDENCE - LETTER TO FILE | | 08/02/2012 | CORRESPONDENCE - LETTER TO FILE | | | PLTF REQUEST FOR HEARING | | 08/17/2012 | NOTE - CLERKS | | | No COA case no assigned will send NOA to the 5th COA, preparing req clerk record | | 08/17/2012 | APPELLATE RECORD | | | Prepared requested clerk's record, plaintiff/pro se &; pauper 0 fee charged Clerk's Record was submitted electronically to the 5th Court of Appeals 8/17/2012. clerk's record fee 381 pages charged $0- pauper transcript fee $\$25.00$ charged $\$0$ -pauper total fee $\$0$ | | 08/22/2012 | COA - CORRESPONDENCE LETTER | | | STHCOA 05-12-01143-CV | | 08/27/2012 | COA - CORRESPONDENCE LETTER | | | Corr to 5th COA Lisa Metz req Corr from 5th COA on 8/22/2012 in req to contest of affidavit of inability to pay | | 09/04/2012 | MOTION - MISCELLANOUS | | | 3RD-FOR JUDGE LOWY TO CONDUCT HRNGS &; TO RENDER DECISIONS ON ALL OF PLTF'S PENDING MOTIONS/REQUESTS | | 09/28/2012 | NOTICE OF CHANGE OF ADDRESS | | | PLTF | | 09/28/2012 | NOTICE OF CHANGE OF ADDRESS | | | PLTF | | 10/09/2012 | NOTICE OF CHANGE OF ADDRESS | | | PLTF | | 10/23/2012 | SUPPLEMENTAL CLERK'S RECORD REQUEST | | 10/24/2012 | NOTE - CLERKS | | | COA case no 05-12-01143-CV, preparing req SUPP #1 clerk record | | 10/25/2012 | APPELLATE RECORD | | | COA case no 05-12-01143-CV, Prepared requested SUPP #1 clerk's record, plaintiff/pro se &; pauper 0 fee charged Clerk's Record was submitted electronically to the 5th Court of Appeals 10/25/2012. SUPP 1 clerk's record fee 26 pages charged $0- pauper transcript fee $\$25.00$ charged $\$0$ -pauper total fee $\$0$ Confirmation trace pg no 4172 | | 11/13/2012 | CORRESPONDENCE - LETTER TO FILE | | | RE: 2ND REQUEST FOR SUPPPLEMENTATION OF THE APPELLATE RECORD | | 11/15/2012 | CORRESPONDENCE - LETTER TO FILE | | | RESPONSE TO 2ND REQUEST FOR SUPPLEMENTATION OF THE APPELLATE RECORD | | 11/20/2012 | NOTE - CLERKS |

*29 per shannon with the 5th COA resend supp #1 Clerk Record....conf trace pg no 4746 11/30/2012 SUPPLEMENTAL CLERK'S RECORD REQUEST 12/3/12 CR NOTIFIED 11/30/2012 REQUEST REPORTER RECORD 12/7/12 CR HAND DELIVERED REQ TO TRANSCRIPT DEPT. THINGS IN REPORTERS RECORD REQ S/B IN CLERKS RECORD REQ. WILL SCAN AND SUPPLEMENT REQUESTED DOCUMENTS 12/04/2012 NOTE - CLERKS COA case no 05-12-01143-CV, preparing requested SUPP #2 clerk's record 12/04/2012 APPELLATE RECORD COA case no 05-12-01143-CV, Prepared requested SUPP #2 clerk's record, plaintiff/pro se &; pauper 0 fee charged Clerk's Record was submitted electronically to the 5th Court of Appeals 12/4/2012. SUPP 2 clerk's record fee 23 pages charged $0- pauper transcript fee $\$25.00$ charged $\$0$ -pauper total fee $\$0$ Confirmation trace pg no 5182 12/07/2012 NOTE - CLERKS EMAILED CR. ALL ITEMS W/EXCEPTION OF "H" WAS INCLUDED IN THE ORIGINAL CLERKS RECORD SUBMITTED 5THCOA 8/17/12. 01/18/2013 REQUEST REPORTER RECORD THIRD. 1/22/13 CR AWARE OF THIS AS HE WAS MAILED A COPY BY APPELLANT. 02/07/2013 ORDER - MISC. COA-GRANTS &; DIRECTS THE CLERK TO SEND APPELLANT COPY OF SUPPL REPORTERS RECORD Vol./Book 448E, Page 54, 2 pages 09/24/2013 CORRESPONDENCE - LETTER TO FILE 02/24/2013 OPINION 5TH COA 11/26/2013 CORRESPONDENCE - LETTER TO FILE RE: 5TH COA OPINION 12/09/2013 CORRESPONDENCE - LETTER TO FILE 01/31/2014 CORRESPONDENCE - LETTER TO FILE RE: POST JUDGMENT AFFIDAVIT 01/31/2014 AFFIDAVIT POST JUDGMENT SUBMISSION REGARDING APPEAL COSTS 02/06/2014 MANDATE/R&;R (OCA and REOPEN CASE) Vol./Book 451E, Page 313, 1 pages 02/07/2014 ORDER - RECUSAL transferred to 44th DC Sent 12-11002-B as replacement case. Vol./Book 451E, Page 323, 1 pages 02/20/2014 CORRESPONDENCE - LETTER TO FILE RE: PLT'S LETTER COPY OF LETTER SENT TO DEFT'S ATTY FOR REQ FOR PRODUCTION &; INTERROGATORIES 02/20/2014 MOTION - MISCELLANOUS TO CONDUCT HEARING , &; TO CONSIDER &; RULE ON ALL OF PLT'S PENDING MOTIONS 02/20/2014 MOTION - COMPEL PRODUCTION OF DOCUMENTS REQUESTED BT PLAINTIFF 02/20/2014 MOTION - MISCELLANOUS FOR ALL HEARINGS TO BE CONDUCTED BY TELEPHONIC AND/OR VIDEO CONFERENCE 02/20/2014 NON-SIGNED PROPOSED ORDER/JUDGMENT PLT'S PRETRAIL MOTIONS 02/20/2014 CORRESPONDENCE - LETTER TO FILE RE: PLT'S MOTIONS FOR ALL HEARINGS TO CONDUCTED TELEPHONICALLY &; PLT'S M/COMPEL 02/24/2014 ORDER - TRANSFER TO THE 44TH COURT Vol./Book 451E, Page 472, 1 pages 03/03/2014 ORDER - PRETRIAL COPY ALL Vol./Book 457B, Page 641, 1 pages 03/04/2014 CORRESPONDENCE - LETTER TO FILE 03/10/2014 MOTION - MISCELLANOUS 2ND - FOR HEARING &; RULING ON ALL FENDING MOTION/S 03/10/2014 CORRESPONDENCE - LETTER TO FILE RE: HEARING TO CONSIDER AND RULE ON ALL MOTIONS 03/25/2014 OBJECTION AND RESPONSE TO THE COURT'S MARCH 3, 2013 ORIGINAL PRETRIAL ORDER 03/25/2014 CORRESPONDENCE - LETTER TO FILE RE: LETTER TO ATTORNEY 03/25/2014 CORRESPONDENCE - LETTER TO FILE RE: LETTER TO ATTORNEY ON DISCOVER 03/25/2014 DISCOVERY PLAINTIFF'S NOTICE OF PRODUCTION FROM NONPARTY 03/25/2014 CORRESPONDENCE - LETTER TO FILE RE: SUMMARY OF DOCUMENTS MAILED 04/02/2014 NOTICE OF HEARING / FIAT 04/02/2014 CORRESPONDENCE - LETTER TO FILE 04/02/2014 CORRESPONDENCE - LETTER TO FILE RE: HEARING 04/02/2014 CORRESPONDENCE - LETTER TO FILE RE: SUMMARY 04/02/2014 CORRESPONDENCE - LETTER TO FILE RE: ELECTRONIC FILING 04/02/2014 MOTION - MISCELLANOUS

*30 04/02/2014 CORRESPONDENCE - LETTER TO FILE RE: DOCUMENTS 04/02/2014 CORRESPONDENCE - LETTER TO FILE RE: COPIES 04/02/2014 ISSUE CITATION 04/02/2014 CORRESPONDENCE - LETTER TO FILE 04/10/2014 CITATION VAUGHAN, COREY Returned Unserved 06/17/2014 04/17/2014 CORRESPONDENCE - LETTER TO FILE RE: FOLLOW-UP REQUESTING HEARING 04/23/2014 MOTION - SUMMARY JUDGMENT DEPENDANT'S' TRADITIONAL AND NO-EVIDENCE MOTIONS FOR SUMMARY JUDGMENT 04/24/2014 NOTICE OF HEARING / FIL NOTICE OF HEARING ON DEFENDANT'S TRADITIONAL AND NO-EVIDENCE MOTIONS FOR SUMMARY JUDGMENT 04/24/2014 MOTION - MISCELLANOUS 2ND MOTION FOR JUDGE TO CONDUCT HEARING 04/28/2014 MISCELLANOUS EVENT REQUEST FOR HEARINGS 04/28/2014 MOTION - MISCELLANOUS MOTION FOR COURT ORDER DEEMING MATTERS ADMITTED BY THE DEFENDANT CHESTER CADIEUX III 04/28/2014 MOTION - MISCELLANOUS MOTION FOR COURT ORDER DEEMING MATTERS ADMITTED BY QUICK TRIP CORPORATION 04/28/2014 MOTION - COMPEL CHESTER CADIEUX III TO MAKE DISCLOSURES AS REQUIRED BY RULE 194 05/08/2014 CORRESPONDENCE - LETTER TO FILE RE: DOCUMENTS 05/08/2014 CORRESPONDENCE - LETTER TO FILE RE: CASE SUMMARY 05/08/2014 CORRESPONDENCE - LETTER TO FILE RE: LETTER TO COURT REPORTER 05/08/2014 CORRESPONDENCE - LETTER TO FILE RE: CASE SUMMARY 05/09/2014 MISCELLANOUS EVENT REQUEST FOR COURT CONDUCT HEARING 05/09/2014 CORRESPONDENCE - LETTER TO FILE RE: DOCUMENTS 05/09/2014 REQUEST FOR SERVICE 05/09/2014 MOTION - MISCELLANOUS 3RD MOTION FOR JUDGE TO CONDUCT A HEARING CONSIDER AND RENDER DECISIONS OF ALL OF THE PLAINTIFF'S PENDING MOTIONS/PLEADINGS 05/12/2014 ISSUE CITATION (WAITING FOR COPY OF SECOND AMENDED COMPLAINT TO SEND) 05/12/2014 CITATION CERT MAIL/LB QUICK TRIP CORPORATION Unserved 05/19/2014 MISCELLANOUS EVENT PLAINTIFF'S 2ND REURGING OF OBJECTIONS TO THE TRIAL COURT'S PRE-TRIAL ORDER 05/19/2014 CORRESPONDENCE - LETTER TO FILE RE: OBJECTIONS TO JUNE 6 05/27/2014 MOTION - CONTINUANCE 06/06/2014 Motion - Summary Judgment (10:00 AM) (Judicial Officer CORTEZ, CARLOS) 06/06/2014 ORDER - RECUSAL COPY ALL Vol./Book 458B, Page 672, 1 pages 06/06/2014 MISCELLANOUS EVENT FAX TRANSMITTAL TO SANDY 06/16/2014 ORDER - TRANSFER 191ST COURT - COPY ALL Vol./Book 458B, Page 773, 1 pages 06/16/2014 ORDER - TRANSFER FROM THE 44TH COURT TO 191ST COURT received 11-10130-J as replacement case. Vol./Book 417J, Page 739, 1 pages 06/23/2014 CANCELED Non Jury Trial (9:00 AM) (Judicial Officer CORTEZ, CARLOS) CASE TRIAL RESET Judge recused 6-6-14 Reassigned to 191st. 07/08/2014 ORDER - CONSOLIDATE FROM CASE #DC-14-03842-J Vol./Book 418J, Page 116, 2 pages 07/09/2014 MOTION - MISCELLANOUS REQUEST FOR ADR, CONSIDERATION AND RULING OF ALL PENDING MOTIONS 07/10/2014 CORRESPONDENCE - LETTER TO FILE RE REQUEST FOR ADR 07/28/2014 ORIGINAL ANSWER - GENERAL DENIAL

*31

*32

In Re: Anie-Steif Appeal Mo.*

Unsworen. Dectaration

Ruesust to TeR. K. App. P. 52.3 (K) And under passily of perjury, I, Laketh Anie-Steif ( 70 c $9\mathrm{K}/505767$ ) Being curecestly in state peison dethes thatly the docutients perated in Exhibit No. 22 of this appendix are authentic and there capies of the matbe complain-

(23)

*33

*34

The PEAVLER Group
Attorneys and Counselors

2215 Westgate Plaza
Grapevine, Texas 76051
www.peavlergroup.com
kbriscoe@peavlergroup.com

B. KYLE BRISCOE (817) 756 - 7700

Main: (214) 999-0550 Fax: (214) 999-0551

June 15, 2015

Via Electronic Filing

Court Clerk 191st District Court George L. Allen, Sr. Courts Building 600 Commerce Street, Box 740 Dallas, Texas 75202 Re: Cause No. DC-09-13818; LaKeith Amir-Sharif v. Quick Trip Corporation, et al. In the ${191}^{\text{st}}$ Judicial District Court of Dallas County, Texas

NOTICE OF HEARING

Dear Clerk: Please be advised that (1) Defendants' Amended Motion for Protective Order and for Sanctions and (2) Defendants' Motion for Protective Order Regarding Plaintiff's Discovery Requests have been set for telephonic hearing on Thursday, July 9, 2015 at 9:30 a.m. Accordingly, please call our office at 9:20 a.m. prior to the scheduled 9:30 a.m. hearing, so that we may initiate the call with the Court and conduct the conference call on time.

If you have any questions or comments, please do not hesitate to contact me. Sincerely, /s/ B. Kyle Briscoe B. Kyle Briscoe

*35 cc: Via First Class Mail and CMRRR #91 71999991703487493722 LaKeith Raqib Amir-Sharif TDCJ Number: 01505969 A.M. Stringfellow Unit

Ramsey II Prison Unit 1200 FM 655 Rosharon, Texas 77583-8602

*36

The PEAVLER GROUP Attorneys and Counselors

2215 Westgate Plaza
Grapevine, Texas 76051
www.peavlergroup.com
kbriscoe@peavlergroup.com

B. KYLE BRISCOE (817) 756 - 7700

Main: (214) 999-0550 Fax: (214) 999-0551

July 7, 2015

Via Electronic Filing

Court Clerk 191st District Court George L. Allen, Sr. Courts Building 600 Commerce Street, Box 740 Dallas, Texas 75202 Re: Cause No. DC-09-13818; LaKeith Amir-Sharif v. Quick Trip Corporation, et al. In the ${191}^{\text{st}}$ Judicial District Court of Dallas County, Texas

AMENDED NOTICE OF HEARING

Dear Clerk: Please be advised that (1) Defendants' Amended Motion for Protective Order and for Sanctions and (2) Defendants' Motion for Protective Order Regarding Plaintiff's Discovery Requests have been set for telephonic hearing on Friday, July 17, 2015 at 10:15 a.m. Accordingly, Mr. Amir-Sharif please call our office at 10:05 a.m. prior to the scheduled 10:15 a.m. hearing, so that we may initiate the call with the Court and conduct the conference call on time.

If you have any questions or comments, please do not hesitate to contact me. Sincerely, /s/ B. Kyle Briscoe B. Kyle Briscoe

*37 CC: Via First Class Mail and CMRRR #91 71999991703487493784 LaKeith Raqib Amir-Sharif TDCJ Number: 01505969 A.M. Stringfellow Unit

Ramsey II Prison Unit 1200 FM 655 Rosharon, Texas 77583-8602

*38

Main: (214) 999-0550 Fax: (214) 999-0551

August 4, 2015

Via First Class Mail and CMRRR #91 71999991703487493876

LaKeith Raqib Amir-Sharif TDCJ Number: 01505969 West Garza Unit 4250 Highway 202 Beeville, Texas 78102-8982

Re: Cause No. DC-09-13818; LaKeith Amir-Sharif v. Quick Trip Corporation, et al. In the ${191}^{\text{st}}$ Judicial District Court of Dallas County, Texas

SECOND AMENDED NOTICE OF HEARING

Dear Mr. Amir-Sharif:

Please be advised that (1) Defendants' Amended Motion for Protective Order and for Sanctions and (2) Defendants' Motion for Protective Order Regarding Plaintiff's Discovery Requests have been set for telephonic hearing on Friday, September 18, 2015 at 1:00 p.m. Accordingly, Mr. Amir-Sharif please call our office at 12:50 p.m. prior to the scheduled 1:00 p.m. hearing, so that we may initiate the call with the Court and conduct the conference call on time.

If you have any questions or comments, please do not hesitate to contact me. Sincerely, /s/ B. Kyle Briscoe B. Kyle Briscoe

BKB/ej cc: Via Electronic Filing Court Clerk 191st District Court George L. Allen, Sr. Courts Building 600 Commerce Street, Box 740 Dallas, Texas 75202

*39

In Re. Anie - Staeif Appas Mo. ${}^{\#}$

Unsugeu-Section

Rerumt to TEx. E. App. P. 52.3 (K) and under paraty of perjury: Eakeith Amie-Staeif (Mact $\pi$ SUS $\pi \odot$ ) being cuxently in state person d e tares that the dedemons perated in Exhibit Mo. ${}^{\text{e}}2$ of this Appadix are authentic and theue capies of the matter complained of? Executed in Beazeia County, Texas on September 24, 2015.

(24)

*40

*41 Y. beurney 05, 205 Me, Ineirth Anne -stret $1200\mathrm{F}\mathrm{F}\mathrm{F}\mathrm{S}55$ Rehnein, Texas 77583 - 8602 Jithe Gona Shigftice ${191}^2$ -Disteit Devet ou Commerce Street D. 1125 , Texas 75202 - 1606 Re: Pase No. DC-07-13816 Lakeyh Anie-Stneit us. Wrik Typ Coep, ett. Judge Shigftice: he one telephone conversatigy heneing on Tancney 27, 205, Eo oheirf be the Comerthad detendants my motions to compel. Wivhexpect to the distossices I wivheleav' off complints and the two peportive motions poe- taming to sich. With respect to the detintant's wrik Typ n.th Antiviv's response to Interrogatios AdReauctice Hokution, dnted there's an any they visited this axey eutes by retising not

*42 Biting completely to produce existing, inter-veedal documents he passive to Yhase answers given to interrogatories number $2,3,4,6,7,8$ , $(7,10,11,12,15,16,19,20,22,23,24,25,26,27,28,29,30,31,32,33,34,35,36,37,38,39,40,41,42,43,44,45,46,47,48,49,50,51,52,53,54,55,56,57,58,59,60,61,62,63,64,65,66,67,68,69,70,71,72,73,74,75,76,77,78,79,80,81,82,83,84,85,86,87,88,89,90,91,92,93,94,95,96,97,98,99,100,101,102,103,104,105,106,107,108,109,110,111,112,113,114,115,116,117,118,119,220,221,222,223,224,225,226,227,228,229,230,231,232,233,234,235,236,237,238,239,240,241,242,243,244,245,246,247,248,249,250,251,252,253,254,255,256,257,258,259,260,261,262,263,264,265,266,267,268,269,270,271,272,273,274,275,276,277,278,279,280,281,282,283,284,285,286,287,288,289,290,291,292,293,294,295,296,297,298,299,300,301,302,303,304,305,306,307,308,309,310,311,312,313,314,315,316,317,318,319,320,321,322,323,324,325,326,327,328,329,330,331,332,333,334,335,336,337,338,339,340,341,342,343,344,345,346,347,348,349,350,351,352,353,354,355,356,357,358,359,360,361,362,363,364,365,366,367,368,369,370,371,372,373,374,375,376,377,378,379,380,381,382,383,384,385,386,387,388,389,390,391,392,393,394,395,396,397,398,399,400,401,402,403,404,405,406,407,408,409,410,411,412,413,414,415,416,417,418,419,420,421,422,423,424,425,426,427,428,429,430,431,432,433,434,435,436,437,438,439,440,441,442,443,444,445,446,447,448,449,450,451,452,453,454,455,456,457,458,459,460,461,462,463,464,465,466,467,468,469,470,471,472,473,474,475,476,477,478,479,480,481,482,483,484,485,486,487,488,489,490,491,492,493,494,495,496,497,498,499,500,501,502,503,504,505,506,507,508,509,510,511,512,513,514,515,516,517,518,519,520,521,522,523,524,525,526,527,528,529,530,531,532,533,534,535,536,537,538,539,540,541,542,543,544,545,546,547,548,549,550,551,552,553,554,555,556,557,558,559,660,661,662,663,664,665,666,667,668,669,670,671,672,673,674,675,676,677,678,679,680,681,682,683,684,685,686,687,688,689,690,691,692,693,694,695,696,697,698,699,700,701,702,703,704,705,706,707,708,709,710,711,712,713,714,715,716,717,718,719,720,721,722,723,724,725,726,727,728,729,730,731,732,733,734,735,736,737,738,739,740,741,742,743,744,745,746,747,748,749,750,751,752,753,754,755,756,757,758,759,760,761,762,763,764,765,766,767,768,769,770,771,772,773,774,775,776,777,778,779,780,781,782,783,784,785,786,787,788,789,790,791,792,793,794,795,796,797,798,799,800,801,802,803,804,805,806,807,808,809,810,811,812,813,814,815,816,817,818,819,820,821,822,823,824,825,826,827,828,829,830,831,832,833,834,835,836,837,838,839,840,841,842,843,844,845,846,847,848,849,850,851,852,853,854,855,856,857,858,859,860,861,862,863,864,865,866,867,868,869,870,871,872,873,874,875,876,877,878,879,880,881,882,883,884,885,886,887,888,889,890,891,892,893,894,895,896,897,898,899,900,901,902,903,904,905,906,907,908,909,110,111,112,113,114,115,116,117,118,119,120,121,122,123,124,125,126,127,128,129,130,131,132,133,134,135,136,137,138,139,140,141,142,143,144,145,146,147,148,149,150,151,152,153,154,155,156,157,158,159,160,161,162,163,164,165,166,167,168,169,170,171,172,173,174,175,176,177,178,179,180,181,182,183,184,185,186,187,188,189,190,191,192,193,194,195,196,197,198,199,200,201,202,203,204,205,206,207,208,209,210,211,212,213,214,215,216,217,218,219,220,221,222,223,224,225,226,227,228,229,230,231,232,233,234,235,236,237,238,239,240,241,242,243,244,245,246,247,248,249,250,251,252,253,254,255,256,257,258,259,260,261,262,263,264,265,266,267,268,269,270,271,272,273,274,275,276,277,278,279,280,281,282,283,284,285,286,287,288,289,290,291,292,293,294,295,296,297,298,299,300,301,302,303,304,305,306,307,308,309,310,311,312,313,314,315,316,317,318,319,320,321,322,323,324,325,326,327,328,329,330,331,332,333,334,335,336,337,338,339,340,341,342,343,344,345,346,347,348,349,350,351,352,353,354,355,356,357,358,359,360,361,362,363,364,365,366,367,368,369,370,371,372,373,374,375,376,377,378,379,380,381,382,383,384,385,386,387,388,389,390,391,392,393,394,395,396,397,398,399,400,401,402,403,404,405,406,407,408,409,410,411,412,413,414,415,416,417,418,419,420,421,422,423,424,425,426,427,428,429,430,431,432,433,434,435,436,437,438,439,440,441,442,443,444,445,446,447,448,449,450,451,452,453,454,455,456,457,458,459,460,461,462,463,464,465,466,467,468,469,470,471,472,473,474,475,476,477,478,479,480,481,482,483,484,485,486,487,488,489,490,491,492,493,494,495,496,497,498,499,500,501,502,503,504,505,506,507,508,509,510,511,512,513,514,515,516,517,518,519,520,521,522,523,524,525,526,527,528,529,530,531,532,533,534,535,536,537,538,539,540,541,542,543,544,545,546,547,548,549,550,551,552,553,554,555,556,557,558,559,560,561,562,563,564,565,566,567,568,569,570,571,572,573,574,575,576,577,578,579,580,581,582,583,584,585,586,587,588,589,590,591,592,593,594,595,596,597,598,599,600,601,602,603,604,605,606,607,608,609,610,611,612,613,614,615,616,617,618,619,620,621,622,623,624,625,626,627,628,629,630,631,632,633,634,635,636,637,638,639,640,641,642,643,644,645,646,647,648,649,650,651,652,653,654,655,656,657,658,659,660,661,662,663,664,665,666,667,668,669,670,671,672,673,674,675,676,677,678,679,680,681,682,683,684,685,686,687,688,689,690,691,692,693,694,695,696,697,698,699,700,701,702,703,704,705,706,707,708,709,710,711,712,713,714,715,716,717,718,719,720,721,722,723,724,725,726,727,728,729,730,731,732,733,734,735,736,737,738,739,740,741,742,743,744,745,746,747,748,749,750,751,752,753,754,755,756,757,758,759,760,761,762,763,764,765,766,767,768,769,770,771,772,773,774,775,776,777,778,779,780,781,782,783,784,785,786,787,788,789,790,791,792,793,794,795,796,797,798,799,800,801,802,803,804,805,806,807,808,809,810,811,812,813,814,815,816,817,818,819,820,821,822,823,824,825,826,827,828,829,830,831,832,833,834,835,836,837,838,839,840,841,842,843,844,845,846,847,848,849,850,851,852,853,854,855,856,857,858,859,860,861,862,863,864,865,866,867,868,869,870,871,872,873,874,875,876,877,878,879,880,881,882,883,884,885,886,887,888,889,890,891,892,893,894,895,896,897,898,899,900,901,902,903,904,905,906,907,908,909,110,111,112,113,114,115,116,117,118,119,120,121,122,123,124,125,126,127,128,129,130,131,132,133,134,135,136,137,138,139,140,141,142,143,144,145,146,147,148,149,150,151,152,153,154,155,156,157,158,159,160,161,162,163,164,165,166,167,168,169,170,171,172,173,174,175,176,177,178,179,180,181,182,183,184,185,186,187,188,189,190,191,192,193,194,195,196,197,198,199,200,201,202,203,204,205,206,207,208,209,210,211,212,213,214,215,216,217,218,219,220,221,222,223,224,225,226,227,228,229,230,231,232,233,234,235,236,237,238,239,240,241,242,243,244,245,246,247,248,249,250,251,252,253,254,255,256,257,258,259,260,261,262,263,264,265,266,267,268,269,270,271,272,273,274,275,276,277,278,279,280,281,282,283,284,285,286,287,288,289,290,291,292,293,294,295,296,297,298,299,300,301,302,303,304,305,306,307,308,309,310,311,312,313,314,315,316,317,318,319,320,321,322,323,324,325,326,327,328,329,330,331,332,333,334,335,336,337,338,339,340,341,342,343,344,345,346,347,348,349,350,351,352,353,354,355,356,357,358,359,360,361,362,363,364,365,366,367,368,369,370,371,372,373,374,375,376,377,378,379,380,381,382,383,384,385,386,387,388,389,390,391,392,393,394,395,396,397,398,399,400,401,402,403,404,405,406,407,408,409,410,411,412,413,414,415,416,417,418,420,421,422,423,424,425,426,427,428,429,430,431,432,433,434,435,436,437,438,439,440,441,442,443,444,445,446,447,448,449,450,451,452,453,454,455,456,457,458,459,460,461,462,463,464,465,466,467,468,469,470,471,472,473,474,475,476,477,478,479,480,481,482,483,484,485,486,487,488,489,490,491,492,493,494,495,496,497,498,499,500,501,502,503,504,505,506,507,508,509,510,511,512,513,514,515,516,517,518,520,521,522,523,524,525,526,527,528,530,531,532,533,534,535,536,537,538,540,541,542,543,544,545,546,547,548,550,551,552,553,554,555,556,557,558,560,561,562,563,564,565,566,567,568,570,571,572,573,574,575,576,577,580,581,582,583,584,585,586,587,588,590,591,592,593,594,595,596,597,598,599,600,601,602,603,604,605,606,607,610,611,612,613,614,615,616,617,620,621,622,623,624,625,626,627,628,630,631,632,633,634,635,636,637,640,641,642,643,644,645,646,647,650,651,652,653,654,655,656,657,658,660,661,662,663,664,665,666,67,68,69,70,71,72,73,74,75,76,77,78,79,80,81,82,83,84,85,86,87,88,89,90,91,92,93,94,95,96,97,98,99,100,101,102,103,104,105,106,107,108,109,110,111,112,113,114,115,116,117,120,121,122,123,124,125,126,127,128,130,131,132,133,134,135,136,137,138,140,141,142,143,144,145,146,147,148,150,151,152,153,154,155,156,157,158,160,161,162,163,164,165,166,167,168,170,171,172,173,174,175,176,177,180,181,182,183,184,185,186,187,188,190,191,192,193,194,195,196,197,198,200,201,202,203,204,205,206,207,210,211,212,213,214,215,216,217,220,221,222,223,224,225,226,227,230,231,232,234,235,236,237,240,241,242,243,244,245,246,247,250,251,252,253,254,255,256,257,258,260,261,262,263,264,265,266,267,270,271,272,273,274,275,280,274,280,281,282,283,284,285,286,287,288,290,291,292,293,294,295,296,297,298,299,300,301,302,303,304,305,306,307,310,311,312,313,314,315,316,317,320,312,314,315,320,321,322,323,324,325,326,327,328,330,331,332,334,335,336,337,340,341,342,343,344,345,346,347,348,350,351,352,353,354,355,360,354,356,360,357,358,361,362,363,364,365,366,370,361,362,364,365,370,366,370,371,372,373,374,375,380,376,380,374,380,381,382,383,384,385,386,387,390,391,392,393,394,395,396,397,398,399,400,391,392,393,394,395,396,397,398,400,391,392,394,395,396,397,398,400,399,410,411,412,413,414,415,420,410,411,420,412,421,422,424,425,426,427,428,430,421,422,424,425,426,428,430,421,422,424,426,428,430,421,422,424,425,426,428,430,421,422,424,426,428,430,421,422,424,426,428,430,421,422,424,426,428,430,421,422,424,424,426,428,430,421,422,424,426,428,428,430,421,422,424,424,426,428,428,430,421,422,424,424,426,428,428,428,428,428,428,430,421,422,424,428,428,428,428,428,428,430,421,422,424,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428,428

*43 The which I bma, C. 275 swst 309,313-34 (Tir. 2009); Toed Motae Co. us. Castilba, 279 sw. 3d. 630,641 (Tir. 2009). Accordingly, Vtic ofotous mate by Vtic detextants lack a fegitimate basis. Ioe Vtic nborr atrosors Vtic Corot sta. 19 geant ent of ny motions ainted to the lusconery erguicsts at issue.

(3)

*44 In Re: Amie-Staif Hypen No.*

Utsween Declaration Present to Tex. R. App. P. 52.3 (R) and under pernity of ptefjuey, I, Lakeith Amie-Staif ( 1805 No. * 1505963) being careently in state person dee laes that the decumbres peresented in Exhibit No. * of this appendix are Adthotic and there copies of the mottise complained of.

Executed in Bersein County, Texas on September 24, 2015.

Lakeith Amie-Staif (25)

*45

*46

(10) 101 JAN The Distait Court of Dallins county, Texas Dane Nk. DC-02-1388-5

Inkelli Amie. Strel

vs.

Quik Trip Corp, et al.

Marittll's Notion for Court Bede fursent To TDEJ's Reccs To Courts (ATC) Policy-170 Contedied Tlscanties

Marittll, Inkelli Amie. Strel, this Vins motion not regucsts that actsant to the Tcans Quaentment of Celsmint Stitics (TDEJ). Reccs To Court Policy-170 (at page 62 at 85 ) not the dititd Stitics Contedhion -vent or stertion, due seces as seovists, this Court issue an erchic vhat Stitics "All" at (11)

*47 The teleconferences and telconferences heneings shall be treated as contimulal. Enfurethes support of this motion the Mintill shows this Coart Yhe following goutcense: 1) The TBCT's Aecs To Coart Polio- 170 states verbation "The scheld by and facilitating of a titughone contrivise call hoping is vleysimline to as grlowej -othered call. with one anise altemowe Titghone conteruxes [hunging] all the not contimutal unless otherwise insteined Tic ualess otherwise perled) in a yotical a) What taken to its fignal conftsion? common sense sspoet the notion that by gennting this nobbar this Coart would Vincelf be comply with what the TBCT's Aecs To Coart Polio-170 requires of this Coart for the telconferences filghone conterace heneings to be contimutal (2.)

*48 3) The Plantit has filed similar nobons in other litgnthon he has bren and is curacontly involved in, and fhose Conret: geanted his nobons and issued derties for "All" teleconferencestlyphone con- tirence hupings to be conthatentin in Accordance with TBCT's Access 75 Courts Policy-120, (3x): Conret creche Signed on November 25, 2014 by thensoult W. Edin. Denman, Benzen a Coudly Term Lakoth June 25, 2014 vs. H. P. L. M. M. M. (3x) 67245 athated Keats as Exhibit No. 21 4) The detentants in Vhis case have no legitimate reason to oppose this nobon being geanted by this Conret. 5) No explanation or otherwise from Vhis Colet to preson otthints is required when gensting this nobon crudere the TBCT's Access 75 Courts Paliy-120,

*49

6) In a nutshell, there is no basis for this court not to grant this motion. All issue an order accordingly deduking that all" felic, there are fieldwork cborkeres, earrings are to detentor as confidentiality submitted January 12, 2015.

Letibme at Sceve

By depositing this show motion into the gysend mail system addressed to The people has Grang, Iccertify that Scevic by us, visit on January 12, 2015.

(*)

*50

In Re: Anie-Steel Appeal No. 4

Unsuven Declaration

Present to TEX, App. P. 52.3 (K) and under penalty of Seequey, I, likeith Anie-Steel (TA 1505767) being cuperently in state peison, declares that the documents presented in Exhibit No. 405 of this appendix are authentic and true copies of the mattercomplai ned of.

Executed in Gerzoin Cunsty, Trans on September 04, 2015.

(26)

*51

*52

*53

I N RE: Anie- Stael ${}^P$ Appel No. 4

Uniswcen Declaration

Ruesuant to Tex.R. App. P. 52, 3(K) and under porsity of pexyly, I, Lakein, Anie Stael (Tobet ${}^{4/505769}$ ) being cureently in state peison declares Ytost the documents presented in Exhibit No. 40 of Ytlls Appentix are authentic and true copies of the nustor complained of. Executed in Beazaria County, Texas on September 04, 2015.

(27)

*54

*55

Order entered March 25, 2015

In The Court of Rppeals ffith $ℝ$ istrict of $ℂ$ exas at $𝔹$ allas No. 05-14-01514-CV IN RE LAKEITH AMIR-SHARIF, Relator Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-09-13818-E

ORDER

Based on the Court's opinion of this date, we DENY the petition for writ of mandamus. We ORDER relator to bear the costs of this original proceeding. /s/ CRAIG STODDART JUSTICE

*56

DENY; and Opinion Filed March 25, 2015.

In The Court of Appeals Fifth District of Eexas at Dallas No. 05-14-01514-CV IN RE LAKEITH AMIR-SHARIF, Relator

Original Proceeding from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-09-13818-E

MEMORANDUM OPINION

Before Justices Bridges, Francis, and Stoddart Opinion by Justice Stoddart Relator filed this petition requesting that the Court order the trial court to rule on thirteen pending motions. We deny the petition.

Factual and Procedural Background

This is a slip and fall case filed on October 2, 2009. Over the course of the time this case has been pending in the trial court, relator has filed roughly forty motions, many of them duplicative, and has repeatedly demanded that the trial court set "all" his motions for hearing. The case has been appealed to this Court twice since its filing. ^[1]

The first appeal of the case followed an order dismissing the case due to relator's failure to comply with the requirements of the trial court's order declaring relator to be a vexaticus

*57 litigant. The trial court's order dismissing the case was signed on December 16, 2009. During the two-month period the case was pending prior to the signing of the first order of dismissal, the relator had filed ten motions and had twice moved for hearings on his motions. We reversed the trial court's dismissal of the case and remanded the case to the trial court. ^[2]

Upon remand of the case to the trial court, during the succeeding eight-month period, relator filed seven additional motions in the trial court. Real parties in interest again moved to declare relator a vexatious litigant and the trial court granted the motion. The trial court again dismissed the suit on April 26, 2012. We reversed the trial court's second dismissal and remanded the case to the trial court. ^[3]

Following our second remand of the case, the trial judge recused himself and the case was transferred to another district court. In the two months following the transfer of the case, relator filed twelve motions. The second trial judge then recused himself and, on June 6, 2014, the case was transferred to a third trial court in which it is currently pending. The trial court subsequently consolidated two additional lawsuits filed by relator against real parties in interest with this case. Relator filed at least four additional motions following the transfer of the case to the court in which it is currently pending. Throughout the time the case has been pending, relator repeatedly corresponded with the trial court demanding that "all" his motions and requests be set for hearing and determined. ^[4]

4 Relator has also filed numerous mandamus proceedings seeking to compel rulings on "all" his motions. Each of these petitions has been denied. In re Amir-Sharif, No. 05-14-00659-CV, 2014 WL 2466164, at *1 (Tex. App.—Dallas June 2, 2014, orig. proceeding) (mem. op.) (concluding petition and record not authenticated as required by the Texas Rules of Appellate Procedure); In re Amir-Sharif, No. 05-12-01225CV, 2012 WL 4338824, at *1 (Tex. App.—Dallas Sept. 21, 2012, orig. proceeding) (mem. op.) (concluding relator had not shown he was entitled to relief requested); In re Amir-Sharif, No. 05-12-00271-CV, 2012 WL 989580, at *1 (Tex. App.—Dallas Mar. 22, 2012, orig. proceeding) (mem. op.) (same). Relator additionally filed two mandamus proceedings to compel a ruling on his motion to recuse one of the three trial judges who has presided over this case. In re Amir-Sharif, No. 05-12-00060-CV, 2012 WL 195373, at *1 (Tex. App.—Dallas Jan. 23, 2012, orig. proceeding) (concluding issues presented in petition were moot because judge had ruled on motion and denied it); In re Amir-Sharif, No. 05-11-00964-CV, 2011 WL 3484817, at *1 (Tex. App.—Dallas Aug. 10, 2011, orig. proceeding) (mem. op.) (concluding relator had not shown he was entitled to relief requested).

*58 On September 19, 2014, before the present petition for writ of mandamus was filed the trial judge advised relator by letter:

Your request for setting "all" motions and requests is insufficient to advise the court which specific motions you are requesting be set for hearing or considered . .[I]t is the party's obligation to notify the court which specific motions it desires to have the court set a hearing on or consider under submission. As it stands now, the Court is unable to determine which pleadings or "requests" need Court attention . . . If you will request either a hearing or submission date and time for a specific motion (referred to by title and filing date), the Court will respond promptly.

In response, for the first time in the case, relator identified specific motions he would like heard and he further requested that a hearing be conducted on the defendants' discovery objections. Despite the trial court's obvious efforts to resolve relator's motions, relator filed this mandamus proceeding less than six weeks later seeking to compel rulings by the trial court on thirteen motions. Nevertheless, in a continuing effort to respond to relator's numerous motions, the trial judge advised the parties by letter:

Many of Plaintiff's motions and/or "requests" are of a more administrative nature versus requesting a substantive ruling. Many are of the type that are normally handled by a simple request and no order is ever issued, for example, Plaintiff's request to have the court reporter make a record of all proceedings.

The trial court then advised the parties of the rulings on a number of the motions identified by relator and set the remainder for hearing, issuing an order to the correctional facility where relator is housed requesting that relator be made available for a telephone hearing on his motions.

Mandamus is an extraordinary remedy that is available only in limited circumstances. CSR Ltd. v. Link, 925 S.W.2d 591, 596 (Tex. 1996) (orig. proceeding) (citing Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding)). Ordinarily, to obtain mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).

*59 The trial court's rulings have rendered relator's petition moot with respect to a significant number of the motions that are the basis of his petition. A case becomes moot if a controversy ceases to exist. In re Kellogg Brown &; Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) ("A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings."); State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (orig. proceeding) (stating that for controversy to be justiciable, there must be a real controversy between the parties that will be actually resolved by the judicial relief sought); Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995) (orig. proceeding) (court will not issue mandamus if it would be useless or unavailing). Based on the trial court's disposition of the vast majority of motions on which the relator has requested a hearing, a justiciable controversy no longer exists with respect to those motions.

As to the remainder of the motions, we cannot conclude the trial court has abused its discretion in failing to take action on the motions. A trial court abuses its discretion when it fails to rule on pretrial motions that have been properly presented to it within a reasonable time. In re Amir-Sharif, 357 S.W.3d 180, 181 (Tex. App.—Dallas 2012, orig. proceeding). A court is not, however, required to rule on a motion that has not been properly called to its attention. In re Davidson, 153 S.W.3d 490, 491 (Tex. App.—Amarillo 2004, orig. proceeding); Metzger v. Sebek, 892 S.W.2d 20, 49 (Tex. App.—Houston [1st Dist.] 1994, writ denied). The duty to procure a hearing rests on the moving party, not upon the trial judge. Bolton's Estate v. Coats, 608 S.W.2d 722, 729 (Tex. Civ. App.—Tyler 1980, writ ref'd n.r.e.). Given the substantial quantity of motions filed in this case and the number of judges who have presided over the case, until relator specifically identified the motions on which he sought a hearing, the motions upon

*60 which relator sought a ruling had not been properly called to the attention of the judge who assumed responsibility for the case on June 6, 2014.5

With regard to those motions on which relator has now specifically requested a hearing, relator has not shown the trial court has failed to take action within a reasonable time. No litigant is entitled to a hearing at whatever time he may choose. In re Chavez, 62 S.W.3d 225, 229 (Tex. App.—Amarillo 2001, orig. proceeding). A trial court has a reasonable time within which to consider a motion and to rule. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.Houston [1st Dist.] 1992, orig. proceeding). The circumstances of the case dictate whether the trial court has ruled within a reasonable time. Barnes, 832 S.W.2d at 426. Many factors determine whether a trial court has ruled within a reasonable time. Among these are "the trial court's actual knowledge of the motion, whether its refusal to act is overt, the state of the court's docket, and the existence of other judicial and administrative matters which must be addressed first." Chavez, 62 S.W.3d at 228-29.

Nothing in the mandamus record in this case suggests the trial court has abused its discretion in failing to rule on relator's motions. Indeed, the record reflects the current trial judge has made a diligent effort to determine which motions filed by relator remain relevant and to rule on those motions. We DENY the petition.

141514F.P05

*61

*62 September 24, 2015

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NOTES

${}^1$ As a result of the appeals, during roughly three years of the time since the case was filed, the trial court could not act on any of relator's motions. See Saudi v. Briesen, 176 S.W.3d 108, 114 (Tex. App.-Houston [1st Dist.] 2004, pet. denied) ("Generally speaking, and with certain exceptions inapplicable here, once an appeal has been perfected and the trial court's plenary power to perform certain acts after appeal has expred, the appellate court acquires exclusive plenary jurisdiction over the cause.")

${}^2$ Amir-Sharif v. Quick Trip Corp., No. 05-09-01497-CV, 2011 WL 1367042, at *4 (Tex. App.—Dallas Apr. 12, 2011, no pet.).

${}^3$ Amir-Sharif v. Quick Trip Corp., 416 S.W.3d 914, 921 (Tex. App.—Dallas 2013, no pet.).

${}^5$ Real party in interest points out that the majority of relator's motions lack a certificate of conference. Absent a certificate of conference the clerk of court may not set a motion for hearing. Dallas (Tex.) Civ. Dist. Ct. Loc. R. 2.07(a). Thus, even had relator specifically requested a hearing on these motions, they could not have been set for hearing.