*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/2/2015 1:01:03 PM JEFFREY D. KYLE Clerk *1 ACCEPTED 03-15-00174-CV 4745489 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/2/2015 1:01:03 PM JEFFREY D. KYLE CLERK NO. 03-15-00174-CV § LEVI MORIN §

Appellant, §

§ THIRD COURT OF APPEALS LAW OFFICE OF KLEINHANS § AUSTIN, TEXAS §

GRUBER, PLLC, §

Appellee.

RESPONSE TO MORIN'S MOTION TO EXTEND TIME TO NOTICE

APPEAL AND MOTION TO DISMISS APPEAL TO nm HONORABLE JUDGE OF SAID COURT:

Now comes Appellee, LAW OFFICE OF KLEINHANS GRUBER, PLLC, in

the above styled and numbered cause, and moves the Court to deny LEVI MORIN's

Motion to Extend Time to Notice Appeal and moves this Court to grant this Motion

to Dismiss Appeal.

A. Untiled Record and/or Reference Abbreviations

"District Court" refers to the case subject to this appeal that is pending before

Honorable Judge Stephen Yelenoski in the 201" District Court of Travis County,

Texas, Cause No. D-1-GN-14-003874; Law Office of Kleinhans Gruber. PLLC v.

Levi Morin.

"TCPA" refers to the Texas Participation Act.

"Amended Order; 03-05.15" refers to the Amended Order signed by the court on

March 26, 2015, arising from the District Court hearing on March 5, 2015, which

denied LEVI MORIN's Motion to Dismiss under the Texas Citizens Participation Act on various grounds, which is allachcd hereto and incorporated herein by

___________ .. ____________ _

reference as Exhibit A.

LiWI MORIN V. LAW OFFICI' OF KL.EINIIANS GRUBER, PLLC PAGEl OF 12

RFSI'ONSF. /\ND MOTION TO DISMISS APPEAL.

"Motion to Extend __ ; 03~23~15" refers to the page number and paragraph

number of the Motion to Extend Time to Notice Appeal filed by LEVI MORIN on

March 23, 2015, which is the subject of this Response.

"Motion to Strike; __ ; 02~18-15" refers to the page number and paragraph

number of LAW OFFICE OF KLEINHANS GRUBER, PLLC's Second Amended

Plaintiffs Motion to Strike or Deny Morin's Motion to Dismiss and Motion for

nonsuit or In the Alternative motion tor Continuance and Motion to Withdraw

Nonsuit and Motion for Sanctions filed with the District Court on February 1 R,

2015, which is attached hereto and incorporated herein by reference as hxhibit B.

"Return Citation; 09~30-14" refers to the citation served on LEVI MORIN with

the District Court lawsuit, which is attached hereto and incorporated herein by

reference as Exhibit C.

"TCPA Pleading; 12-03-14"

refers to the Refiled Motion to Dismiss filed by

LEVT MORIN on December 3, 2015, which was filed following the December 1,

2014 filing without exhibits or affidavits, as LEVI MORIN admits in his Motion to

Extend.

R. Factual and Statutory Background 1. On September 30, 2014, Nicole M. Hybner of Austin Process, LLC

personally served LEVI MORIN at the front door of his residence located at

190 I Onion Creek Parkway #3107, Austin, Texas 7R748 at 8:06a.m. with the

Original Petition and Request for Disclosure that initiated the lawsuit in

District Court that is the subject of this appeal. 1

2. On December I, 2014, the Monday following the 60 1 h day deadline pursuant

1 Return Citation; 09-30-14.

"""'""'"·-~~----· ·"-"'-----''-------------~--- LEVI MORIN V. LAW OFFICE OF KLEINHANS GRUBFR. PLLC PAGF 2 OF 12

RESPONSE AND MOTION TO DISMISS APPEAL

to TCPA~, LEVI MORIN alleges that he liled his TCPA Pleading, as defined

above, under the Texas Citizens Participation Act. This filing was made

without any exhibits or aflidavits and therefore, lor purposes of meeting the

60-day deadline the District Court considered this to be no tiling at all~. LEVI MORIN Missed 60-day Filing Deadline: December 3, 2014, LEVI

MORIN refiled his TCPA Pleading, this time, with exhibits and affidavits,

and therefore, this is the date the District Court considered the TCPA Pleading

to be untimely filed, and likewise, the District Court found no good cause to

extend this deadline beyond 60 days 4 • LEVI MORIN Also Missed 60-day Hearing Deadline: Had LEVT

MORIN's TCPA Pleading been timely filed, Jtmuary 30, 2015 would be the

second deadline, which is the 60-day hearing deadline on his TCPA Pleading

pursuant to TCPA 5 -of which good cause was NOT found to extend the

h<:aring deadline past this January 30, 2015 ^[1] deadlin<: *4 h 6 •

5. On Febmary 17, 2015, the District Court heard LAW OFFiCE OF

KLEINHANS GRUBER, PLLC's Motion for Continuance and the parties

agreed in open court that LAW OFFICE OF KLEINHANS GRUBER,

PLLC's presence was not necessary on Fcbmary 26, 2015 because the case

would merely be resent on February 26, 2015 to March 5, 2015.

6. On Febmary 26, 2015, the case was be announced by LEVI MORIN and

recessed/reset to March 5, 2015 7 •

7. On March 5, 2015, the District Court began and concluded the hearing on

LEV! MORIN's TCPA Pleading and LAW OFFICE OF KLEINHANS

GRUBER, PLLC's Second Amended Motion to Strike or Deny Morin's

Motion to Dismiss and the responses and replies to those motions; the parties

objections; the evidence; and counsel's arguments. (Amended Order;

03-05-15).

8. On March 6, 2015, LEVI MORIN filed his Notice of Appeal.

9. On March 23, 2015, LEVI MORIN filed his Motion that is the subject of this

Response.

" " ... the Court: 2) Finds Morin did not set the hearing on his motion to dismiss within 60 dnys

after service of the motion. and did not meet any of the exceptions indicating the h0aring can be set

later than the 60'h d:ty ... " (Amended Order; 03-05-15).

7 Motion to Strike; 3-4:15-16 and 5:21 (a); 02-18-15.

Li'.Vt Mol\ IN V. LAW 0FFTCE OF KLEINHANS G!!Uill',!(, PLLC

RESPONSE AND MOTION TO DISMISS APPEAL

10. On March 25, 2015, lht: Di~tricl Court signt:d tht: ordt:rs rt:ndt:rt:d on March 5,

2015. Jd.

II. On March 26, 2015, the District Court signed amended orders as rendered on

March 5, 2015./d.

C. Appellate Deadlines Missed 12. March 6, 2015 l)eadline to File Appellate Motion for Extension has

Passed. As LEVI MORIN admits, TCPA deems a motion denied if the

deadline passes without a hcaringH. As no good cause extension was granted,

it is clear that Jtmmuy 30, 2015 was the deadline for the hearing on LEVI

MORIN's TCPA Pleading and it is undisputed that no hearing occurred on the

TCPA Pleading on or prior to the January 30, 2015 dcadline 9 (Amended

Order; 03-05-15). Likewise, the motion is denied by opt:ration of law 10 and

a Notice of Appeal must be filed within 20 days 11 unless a proper Motion to

• "The TCPA deems a motion denied if the deadline passes without a hearing." (Motion I :2;

03-23-15): Pursuant to Tex. Civ. Prac. & Rem. Code~ 27.008(a), "If a court does not rule on a

motion to dismiss under Section 27.003 in the time pn:sctibed by Section 27.005, the motion is

considered to have been denied by operation of law and the moving party may appeal.

" •· ... the Court: l) Finds no good cause to extend the deadline for Morin to file his motion to

dismiss; 2) Finds Morin did not set the hearing on his motion to dismiss within 60 days after

service of the motion, and did not meet any of the exceptions indicating the hearing can be set later

than the 60 ^[1] h day ... " (Amended Order; 03-05-15).

[10] Tex. Civ. Prac. & Rem. Code~ 27.008(a), "If a court docs not rule on a motion t(l dismiss under

Section 27.003 in the time prescribed by Section 27.005, the motion is con~idered to have been

denied by operation of law and the moving party may appeal.

[11] Tex. R. App. P. 26.l(b), " ... in an accelerated appeal, the notice or appeal must be liled within

20 days after the judgment or order is signed."

LEVI MflRIN V. LAW OFFICE OF KLEINHANS GRUIII':R, PLLC I' AGE 5 or 12

RESPONSE AND MOTION TO DISMISS APPEAL

Extend time is filed within 15 days after the deadlineD. The 20' 11 day from

Januaty 30, 2015 ran on Febmaty 19, 2015, and the additional 15-day

deadline to file for an extension ran on Man.;h 6, 2015. Therefore, as LEVI

MORlN admits that, "if the written order states that there is no good cause for

extension, then Morin's right to appeal is lost retroactively." (Motion to

Extend 2:3; 03-23-15). The Order clearly states that there was no good cause

for extension and therefore, it is abundantly clear that this Court is without

jurisdiction to mlc on LEVI MORIN's Motion because it is outside the time

allowed to file a motion for extension to file for an appeal.

13. TCPA Pleading was Heard Outside District Court's Jurisdiction, on

Day 97. Although LEVI MORlN provides cites, LEVT MOIUN provides no

relevant cited support or case law for his interpretation that the District Coll!t

retained discretion until the District Court heard the motion, as long as it was

heard before Day 90. (Motion to Extend 3:1; 03-23-15). Furthennorc, it is

clear by counting days, that this case wasn't even heard until day 97, which

again, LEVI MORIN admits, is outside of the District Court's jurisdiction.

I d. As LEVI MOIUN continues to miss deadlines and drag this case on, later

requesting forgiveness for all the missed deadlines, LAW OFFICE OF

17 Tex. R. App. P. 26.3, '"The appellate court may extend the time to file the notice of appeal il;

within 15 days aller the deadline for filing the notice of appeal, the party ... (b) Iiles in the appellate

C(lll!l a m(lti(ln C(lmplying ~J!!:.J~c::u:..::lc-'lc.:O.:..:.S:..o.(""b)'-"------------

LEVI MOl( IN V. LAW OFFICI·: OF KI.EINIIANS GRUBER, PLLC PAOE 6 OF 12

RESPONSE AND MOTION TO DISMISS APPiiAI,

KLEINHANS GRUBER, PLLC continues to be more prejuc.lict: in pursuing

their lawsuit as witnesses and evidence become more stale and LAW OFFICE

OF KLEINHANS GRUBER, PLLC continues to accrue more damages by the

Yelp posting that remains posted to date. Tt is extrt:mdy unlikely that TCPA

would support any interpretation to allow a Defendant to miss deadline after

dt:adlint: and wntinuc to hold up the lawsuit by filing motions that stay

proceedings well after a motion has been denied by law. However, even if

this is the proper interpretation, as set out in more detail above, the District

Court did not hear this case until Day 97 (had LEVI MORIN's initial TCPA

Pleading been timely, which the District Court found they were not) and

LEVI MORIN fails to present any argument to support that the District Court

could retain discretion or jurisdiction following the 90 111 day. Therefore, it is

clear that the District Court did not have discretion or jurisdiction to rule as no

good cause finding was made for an extension and likewise, it is clear that the

TCPA Pleading was ovt:rrulcd by operation of law and likewise;:, LEVI

MORIN fai kc.l to timely tile this Motion for Extension by tht: deadline of

March 6, 2015.

-=--~--~-....,----:· .. , ______________ - - - - -

LEVI MORIN V. LAW OFFICE 01' KLEINHANS GRUilER, PLLC PAGE 7 OF 12

RESPONSE AND MOTION TO DlSMlSS A WEAl,

14. March 6 1 h is Only Deadline, There is No Deadline Confusion. There is

no deadline confusion because both of LEVI MORIN's arguments because no good

cause was found for the extension of either deadlines and therefore, both arguments

resull in the same calculation of the deadline to file a motion to extend time to file,

because, as set forth herein, there was no finding of good cause for extension of any

of the deadlines.

D. No Good Cause for Extension of Appellate Deadline

15. Third Good Cause Extension Being Requested By LEVI MORIN.

As set forth above, relating to the TCPA Pleading on appeal before this Court, this is

the third time that LEVI MORIN is requesting a good cause extension based on the

same arguments that were already denied by the District Court 13 , and likewise, these

arguments for good cause for a third request for extension should be found to be

without merit and should be denied.

16. No Procedural Forfeiture-Deadlines Need to Be Enforced.

This is an appeal off of a denial of a Motion to Dismiss. If this appeal is denied,

LEVI MORIN still has a right to be heard in a full final jury trial and nothing has

been lost. LEVI MORIN attempts to argue that Texas law disfavors procedural

forfeiture but relics on the Sutherland v. Spencer case which is about whether a

13 Amended Order: 03-05-15.

---~--·-·······--··-··,.-·········-------------------- LEVI MORIN V. LAW OFFICE OF KLEINHANS GRURF.R, PLLC PAGE !I OF 12

RESPONSE AND MOTION TO DISMISS APPEAL

default judgement (that would dispose of an entire casc) 14 • In the Sutherland case,

that court found there was no conscious indifference for missing the deadline to

answer because Texas prefers adjudication on the merits. !d. This case is still

pending in District court to be adjudicated on the merits; therefore there is no

procedural forfeiture. Furthermore, it is of greater importance, that deadlines such

as these, arc enforced in order for the rule of law to have any meaning/ 5 and

therefore, this Court should deny LEVI MORIN's third request for a good cause

extension of the time to file an appeal and should dismiss this appeal.

17. District Court Already Denied Good Cause for LEVI MORIN's Claim

"Effort to Reach Agreement" J.n District Court, LEVI MORIN attempted to argue

for good cause extensions of the other missed deadlines, by asserting the same

argument 1 "-that he was trying to reach discovery agreements with LAW OFFTCE

OF KLEINHANS GRUBER, PLLC. LAW OFFTCE OF KLEINHANS GRUBER,

PLLC plead, argued and supported by evidence that LEVI MORIN was not making

any legitimate attempts and was in fact refusing to respond to LAW OFFICE OF

14 Surlier/and v. Spencer, 376 S. W.3d 752, 756 (Tex. 20 12).

15 "Our legal system is built around deadlines. Deadlines ensure the orderly pmccss of litigation.

If that tool is to have any effect, and the ruk ol'law any meaning, it must be enforced. q: Edwards

Aquifer Au/h. v. Chem. Lime, Lid., 291 S.W.3d 392, 403 (Tex.2009) ("Filing deadlines ...

necessarily operate harshly and arbitrarily with respect to individuals who tall just on the other side

of them, but if the concept ora filing deadline is to have any content, the deadline must be

enforced. Any less rigid standard would risk encouraging a Ia~ altitude toward filing dates."

(quoting United Srates v. Locke, 471 U.S. 84, 101, 105 S.Cl. 1785,85 L.Ed.2d 64 (19S5))). !d.

~" Motion to Strike: 3-4:15-16 and 5:21 (a); 02-1 S-15.

LEVI MORIN V. LAW OFFICE OF KLEINHANS GRUBER, PLLC PAGE 9 OF 12

RESPONSE AND MOTION TO DISMISS APPEAL

KLEINHANS GRUBER, PLLC's t:mails sent on Janum-y 5, 2015 and January 28,

2015, which were inquiring: i) whether he was going to answer discovery served

45 days ago, if not, a hearing would be necessary; ii) a date on which discovery

would bt: providt:d, if not, hearing availability PRIOR to any setting on tht: Motion

to Dismiss 17 • It is clear that LEVI MORIN was not in pursuit of an "amicable

resolution," as he intentionally nt:vcr responded to either of these emai Is without any

explanation as to why he failed to do so, therefore this argument should be

disregarded tmd no good cause finding should be made.

E. Conclusion and Prayer 18. As LEVT MORIN admits, TCPA deems a motion denied if the deadline

passes without a IH:aring and that the deadline to file the notice of appeal was

February 19, 2015, making the deadline to tile tllC request for extension, Mm·ch 6,

20 I 5. As the District Court has found that no good cause extension existed for

LEVI MORIN's t~tilure to meet the past two TCPA Pleading deadlines relating to

this appeal, this Court should also find no good cause exists for extension of the

March 6, 2014 deadline to file a Motion for Extension of Time to Notice Appeal,

should deny this Motion tor Extension of Time to Notice Appeal and dismiss his

Notice of Appeal with costs being allocated to LEVI MORJN.

17 !d. -~-----------· .. - -

LEVI MORIN V, LAW OFFICE OF KLEINIIANS GRUBER, PLLC

RESPONSE ANn MOTION TO DISMISS APPEAL T'AGE100F12

R~sp~ctfully submiLL~d, LAW OFFICE OF KLEINHANS GRUHER, PLLC By::-:-:--:--~~4.~~---- Ki mbcrl y &:"'1\,J.IJflli kim@lawoffic~ . g.com

State Bar No. 24062755 Keith L. Kleinhans kcith@lawofficcofkg.com State Bar No. 24065565 12600 Hill Country Blvd, Ste. R-275 Austin, Texas 78738 Telephone: 512.961.8512

Facsimile: 512.623.7320 ···-·-··------,------,,--------,,----.....--· ------------·- .. ·---

LEVI MORIN V. LAW OFFICE OF KLEINHANS GRUBFR, PLLC

RFSPONSF, AND MOTION TO DISMISS APPEAL PAGE 11 OF 12

CERTIFICATE OF CONFERENCE I conferred with LcifO!son and he opposes this pleading.

CERTIFICATE OF SERVICE I certify that a tme copy of this pleading was served on each attorney of record

or party in accordance with the Texas Rules o[ Appellate Procedure on April 1,

2015.

The Olsen Finn, PLLC

LcifOiscn

4830 Wilson Road, Stc. 300

Humble, Texas 77396

Telephone: 281 .849.8382

Facsimile: 281.248.2190

Email: lei[@olsonappcals.com

VIA ESERVICE

~----------·-------------------------- LEVI MORIN V. LAW (WFICE OF KLEINIIANS GRUBER, PLLC PAGE 12lll'12

RESPONSE ANn MOTION TO DISMISS APPEAl. *13 P.002

MAR-26-2015 16:36 Exhibit A - Page 001 No. D-1-GN-14-003874 Law Office of Kleinhans

Gruber, PLLC 201 st District Court

v. Travis County, Texas

Levi Morin

Amended Order on Motion to Dismiss The Court has considered Morin's motion to dismiss; Kleinhans

Gruber's Second Amended Motion to Strike or Deny Morin's Motion to

Dismiss; the responses and replies on those motions; the parties' objec

tions; the evidence; and counsel's argument. Based upon that considera

tion, the Court:

1. Finds no good cause to extend the deadline for Morin to file his

motion to dismiss;

2. Finds Morin did not set the hearing on his motion to dismiss within

60 days after service of the motion, and did not meet any of the ex

ceptions indicating the hearing can be set later than the 60th day;

3. Strikes the exhibits to Morin's motion to dismiss, which were filed

after the deadline for Morin to file his motion;

4. Overrules Morin's objections to the affidavits of Kimberly Klein

hans, Martin Garza, and Michael Siegler;

5. Finds that Kleinhans Gruber established, by clear and specific evi

dence, a prima facie case for defamation and business disparage

ment based upon Morin's statement that Kleinhans Gruber "sen(t]

hung over 'associates' to court dates [Michael Seigler];"

6. Finds that Morin did not establish each element of an affirmative

defense by a preponderance of the evidence; and

7. Denies Morin's motion to dismiss.

Signed on March 26 1 h, 2015, at Austin, Texas.

TOTAL P.002 2/18/2015 10:29:29 AM Velva L. Price District Clerk Travis County D-1-GN-14-003874 CAUSE NO. D-1-GN-14-003874 IN THE DISTRICT COURT LAW OFFICE OF §

KLEINHANS GRUBER, PLLC §

Plaintiff, §

v. 201" JUDICIAL DISTRICT §

LEVI MORIN, § §

Defendant. TRAVIS COUNTY, TEXAS SECOND AMENDED PLAINTIFF'S MOTION TO STRIKE OR DENY MORIN'S MOTION TO DISMISS

AND

MOTION FOR NONSUIT OR IN THE ALTERNATIVE MOTION FOR

CONTINUANCE AND MOTION TO WITHDRAW NOTICE OF NONSUIT

AND MOTION FOR SANCTIONS Plaintiff, LAW OFFICE OF KLEINHANS GRUBER, PLLC, asks the court to sign an Order

Striking the Setting on LEVI MORIN's Motion to Dismiss, sign an Order of Nonsuit without

prejudice, and sign and Order for Sanctions. In the alternative, LAW OFFICE OF KLEINHANS

GRUBER, PLLC, asks the court to sign an Order of Continuance and Withdraw of Notice of

Nonsuit, as well as an Order for Sanctions.

A. Introduction I. Plaintiff is LAW OFFICE OF KLEINHANS GRUBER, PLLC; Defendant is LEVI

MORIN.

2. LAW OFFICE OF KLEINHANS GRUBER, PLLC sued LEVI MORIN on the following

counts: (1) business disparagement, (2) defamation, (3) defamation per se, and for

injunctive relief.

B. Facts:

Both Deadlines Missed for Filing and Hearing Morin's Motion to Dismiss

3. On September 24, 2014, LAW OFFICE OF KLEINHANS GRUBER, PLLC filed

Plaintiff's Original Petition, Request for Equitable Relief & Request for Disclosure.

LAW OFFICE OF KLEINHANS GRUBER, PLLC V. LEVI MORIN

SECOND AMENDED/SUPPLEMENTED MOTION TO STRIKE SETTING, ET. AL PAGEl OF 12

4. On September 24, 2014, citation issued.

5. On September 25, 2014, Austin Process, LLC received a copy of Plaintiffs Original

Petition, Request for Equitable Relief & Request for Disclosure and citation for service.

6. On September 30, 2014, Nicole M. Hybner of Austin Process, LLC personally served

LEVI MORIN at the front door of his residence located at 1901 Onion Creek Parkway

#31 07, Austin, Texas 78748 at 8:06 a.m. with the Original Petition and Request for

Disclosure. See Exhibit A, attached hereto and incorporated herein by reference.

7. On October 28, 2014, LAW OFFICE OF KLEINHANS GRUBER, PLLC served counsel

for LEVI MORIN with Requests for Admission, Request for Production and First Set of

Interrogatories. See Exhibit B, attached hereto and incorporated herein by reference.

8. 1st deadline missed by LEVI MORIN: On November 19, 2014, LEVI MORIN's

Response to Request for Disclosure was due. LEVI MORIN failed to respond until

February 13, 2015, nearly 3 months later.

9. 2nd deadline missed by LEVI MORIN: On November 27, 2014, LEVI MORIN's

Response to Request for Admissions, Response to Request for Production and Response

to First Set of Interrogatories was due. LEVI MORIN failed to respond until February

13, 2015, nearly 3 months later.

10. 3rd deadline missed by LEVI MORIN: On December I, 2014, the Monday following

the 60'h day (November 29, 2014 actually being the 60 1 h day) to file a Motion to Dismiss

by LEVI MORIN pursuant to Section 27.003 of the Texas Participation Act (the "Act")

ran. In accordance with the Act, LEVI MORIN is limited, "not later than the 60th day

after the date of service of the legal action" (Date of Service: September 30, 20 14).

11. On December 3, 2014, counsel for LEVI MORIN filed LEVI MORIN's Motion to

Dismiss with exhibits. Although a Motion to Dismiss was filed 2 days prior, it failed to

include any of the Motion to Dismiss exhibits or evidence.

12. On December 22, 2014, LAW OFFICE OF KLEINHANS GRUBER, PLLC filed a

Notice of Nonsuit.

13. On December 30, 2014, LAW OFFICE OF KLEINHANS GRUBER, PLLC filed a

Notice of Address Change and Notice of Unavailability and on January 28, 2015, LAW

OFFICE OF KLEINHANS GRUBER, PLLC filed an Amended Notice of Unavailability

which noticed counsel for LEVI MORIN that LAW OFFICE OF KLEINHANS

GRUBER, PLLC would be out of the country and unavailable for a setting on February

18,2015 through February 25,2015. 4th and 5th deadline missed by LEVI MORIN: On January 30, 2015, the 60 111 day ran

14.

from the date that LEVI MORIN's Motion to Dismiss would have been timely filed

(December l, 2014). In accordance with Section 27.004 of the Act, "A hearing on a

LAW OFFICE OF KLEINHANS GRUBER, PLLC V. LEVI MORIN SECOND AMENDEDISUPPLEMENTED MOTION TO STRIKE SETTING. ET. AL. PAGEl OF 12

motion under Section 27.004 must be set not later than the 60th day after the date of

service of the motion unless

[1 1 the docket conditions of the court require a later hearing,

[21upon a showing of good cause,

[3 1 or by agreement of the parties

... but in no event shall the hearing occur more than 90 days after service of the motion

under Section 27.003 ... "

15. As required by Section 27.004, to date, there has been [I] no Travis County docket

conditions, [2] no timely finding of good cause by the court prior to running of the 60-

day deadline (January 30, 2015) and [3] no agreement by the parties to extend the 60-day

deadline to a 90-day deadline. The following email correspondence documents the same:

a) On January 5, 2015, LAW OFFICE OF KLEINHANS GRUBER, PLLC sent the

attached email to counsel for LEVI MORIN requesting the following information,

attached hereto an incorporated herein by reference as Exhibit C:

i) whether he was going to answer discovery served 45 days prior, if not, a

hearing would be necessary; a date on which discovery would be provided, if not, hearing availability

ii)

PRIOR to any setting on the Motion to Dismiss; and iii) a follow-up request for a copy of the bar complaints that LEVI MORIN

filed against Kimberly Kleinhans and Michael Siegler (which were automatically dismissed without further review) that counsel for LEVI MORIN had repeated countless times, he was in agreement to provide. b) On January 28,2015, LAW OFFICE OF KLEINHANS GRUBER, PLLC sent the

attached email to counsel for LEVI MORIN requesting the same information as

requested in the January 5, 2015 email. Both the January 5, 2015 email and the

January 28, 2015 email were ignored by counsel for LEVI MORIN, attached

hereto an incorporated herein by reference as Exhibit D.

c) On Friday, February 13,2015, at about 9:00p.m., counsel for LEVI MORIN

unilaterally sent over a self-serving subset of documents never discussed but

solely of his choosing that are only beneficial to his case. Likewise, counsel for

LEVI MORIN unilaterally decided that the setting for his Motion to Dismiss

would be February 26, 2015, and there would be no time for any of LAW

OFFICE OF KLEINHANS GRUBER, PLLC's motions that LAW OFFICE OF

KLEINHANS GRUBER, PLLC had clearly noticed counsel for LEVI MORIN

would be necessary prior to any setting for a Motion to Dismiss, attached hereto

an incorporated herein by reference as Exhibit E. LAW OFFICE OF KLEINHANS GRUBER, PLLC V. LEVI MORIN PAGE3 OF 12

SECOND AMENDED/SUPPLEMENTED MOTION TO STRIKE SETTING, ET. AL.

d) On February 14, 2015, upon receipt, LAW OFFICE OF KLEINHANS GRUBER,

PLLC noticed counsel for LEVI MORIN of LAW OFFICE OF KLEINHANS

GRUBER, PLLC's conflict for February 26, 2015 and counsel for LEVI MORIN

refused to reschedule to a time and date which would provide proper notice of

setting to LAW OFFICE OF KLEINHANS GRUBER, PLLC, attached hereto an

incorporated herein by reference as Exhibit F.

16. On Febmary 17, 2015, this Court found that an announcement for LEVI MORIN's

Motion to Dismiss setting would be made on Febmary 26,2015, but that the case shall be

recessed to March 5, 2015, at which time this Court shall hear the issues surrounding

whether there is good cause to extend the time to allow the Motion to Dismiss past the

60-day deadline, whether there is good cause for discovery, et. al.

17. 6th deadline missed by LEVI MORIN: On February 26, 2015, the 90tl' day ran from the

date that LEVI MORIN's Motion to Dismiss would have been timely filed (December I,

2014).

18. On March 5, 2015, it has been noticed that LEVI MORIN's Motion to Dismiss is set for

hearing on the 97' 11 day following a timely filing of a Motion to Dismiss.

19. Likewise, LAW OFFICE OF KLEINHANS GRUBER, PLLC seeks this Court's relief to

hear this Motion and award the requested relief, primarily that LEVI MORIN's Motion to

Dismiss be denied and fees or sanctions be awarded to encourage counsel for LEVI

MORIN will comply with rules and deadlines in the future.

C. Motion to Strike or Deny Morin's Motion to Dismiss 20. 4 Missed Statutory Deadlines: This Court should strike LEVI MORIN's Motion to

Dismiss setting as not being timely as counsel for LEVI MORIN has not missed just one,

but four critical deadlines as follows:

a. file and serve the Motion to Dismiss in accordance with the Texas Participation

Act (the "Act") as the deadline was December I, 2014 and it wasn't filed or

served with exhibits on LAW OFFICE OF KLEINHANS GRUBER, PLLC until

December 3, 2014.

b. set a hearing in accordance with the Act as the 60-day deadline was January 30,

2015.

c. request a good cause extension PRIOR to the expiration of the January 30, 2015

60-day dead! in e.

d. set a hearing in accordance with the Act, with a timely finding of good cause

within the 90-day deadline of February 26, 2015, as the Motion to Dismiss setting

is not set until March 5, 2015 (97 days after the filing of the Motion to Dismiss).

LAW OFFICE OF KLEINHANS GRUBER, PLLC V. LEVI MORIN

SECOND AMENDED/SUPPLEMENTED MOTION TO STRIKE SETTING, ET. AL PAGE40Fl2

21. No Good Cause For Extension of Deadlines: Additionally or in the alternative, LEVI

MORIN cannot show good cause for an extension of the January 30, 2015 60-day

deadline. In fact, counsel for LEVI MORIN has acted in complete contradiction to the

way one should act for good cause finding to be granted for the following reasons:

a. Counsel for LEVI MORIN has intentionally held up the litigation process by

making oral reassurances that he will provide documents and/or information

and/or dates that he has failed to provide as discussed. Please refer to January 5,

2015 and January 28, 2015 emails which followed up phone conversation

(referenced in fact section above) which are attached as Exhibit Din which LAW

OFFICE OF KLEINHANS GRUBER, PLLC requests time and time again

whether LEVI MORIN is going to agree to respond to the discovery and if so, a

date in which it will be provided. Counsel for LEVI MORIN refused to respond

to these 2 requests until well after the January 30, 2015 60-day deadline, at which

time he unilaterally sent over a self-serving subset of documents, never discussed,

but solely of his choosing that are only beneficial to his case. Specifically,

counsel for LEVI MORIN's Febmary 13, 2015 email with this self-serving

discovery, clearly shows his intent was to delay proceedings to prohibit LAW

OFFICE OF KLEINHANS GRUBER, PLLC from their right to request this Court

to allow discovery, "That [February 26, 2015 setting] will leave you with no

time for discovery even if the judge thinks you deserve it." Also attached as

Exhibit D.

b. Likewise, as counsel for LEVI MORIN has failed to comply with not one, but

four strict statutory deadlines set forth in the Act, this Court should not reward

LEVI MORIN for bad behavior of carelessly disregarding ALL deadlines by

allowing an extension that can only be granted with good cause.

c. Disregard of Local Rules: Furthermore, Counsel for LEVI MORIN's disregard

of the rule of Jaw isn't limited to disregard of statutory deadlines, he continues to

disregard local rules as well. Counsel for LEVI MORIN disregarded local rules

requiring counsel for LEVI MORIN to confer about settings and unilaterally

initially set this Motion to Dismiss for hearing on February 26, 2015, which

required the court to hear an emergency Motion to Strike/Motion for Continuance

due to counsel for LEVI MORIN's Jack of due diligence in setting this Motion

within the last 4 months, by the deadline, at a time that LAW OFFICE OF

KLEINHANS GRUBER, PLLC can have adequate time to hire counsel and/or

prepare a defense for a dispositive setting that could potentially dismiss their

claims against LEVI MORIN and expose them to attorney fees.

d. 2 Missed Discovery Deadlines: Furthermore, Counsel for LEVI MORIN's

disregard of the mle of Jaw isn't limited to disregard of statutory deadlines and

local mles but to disregard of the Texas Rules of Civil Procedure concerning

discovery. LEVI MORIN failed to respond by November 19, 2014 to the Request

for Disclosure included with the Original Petition. Additionally, LEVI MORIN

failed to respond by November 27, 2014 to the Request for Production, Request

LAW OFFICE OF KLEINIIA.c'iS GRUBER. PLLC V. LEVI MORIN PAGE5oFI2 SECOND AMENDEDiSUPPLEMENTED MOTION TO STRIKE SETTING, ET. AL.

for Admission and First Set of Interrogatories served on October 28, 2014.

Counsel for LEVI MORIN improperly argues that his Motion to Dismiss places a

hold on discovery, however, this is misplaced as his Motion to Dismiss and

exhibits weren't filed until December 3, 2014, days following the discovery

deadlines.

22. Pursuant to Texas Participation Act Section 27.003, "in no event shall the hearing occur

more than 90 days after sen,ice of the motion under Section 27.003." The hearing on

this matter is on the 93'd day, therefore, even with a finding of good cause, this hearing

is after the 90' 11 day. which is clearly in violation of statutory law, requiring that the

setting be stricken. The "recess" that occurred on February 26, 2015 was merely

procedural in an attempt to circumvent the black letter of the law that clearly states a

hearing can't be after the 90th day. All case law on the issues only allows a decision to

be made within 30 days of a hearing that was at least started within the 90th day. The

fact that this hearing wasn't even started on the 90-day deadline of February 26, 2015,

distinguishes this case from the case law, again, requiring the court to strike this Motion

to Dismiss because a hearing had not began within the 90-day period.

23. For these reasons stated above, this Court should strike LEVI MORIN's Motion to

Dismiss setting from the docket.

D. Motion tor Nonsuit 24. On December 22, 2014. LAW OFFICE OF KLEINHANS GRUBER, PLLC filed a

Notice of Nonsuit that in accordance with Texas Law, should immediately nonsuit this

case as there were no prior counterclaims on file as of December 22, 2014, that would

otherwise prevent this case from being nonsuited without prejudice.

25. The Texas Participation Act (the "Act") motion to dismiss is predicated on a review of

the merits of the lavvsuit. All other claims that are predicated on a review of the merits of

the lawsuit. absent a clear counterclaim, can be nonsuited in full by the

Plaintiff Therefore, a nonsuit renders the merits of the case moot. UTMB v. Estate of

Blackmon. 195 S.W.3d 98, I 01 (Tex. 2006). The nonsuit is effective as soon as the

plaintiff files a motion for nonsuit. Epps v. Fowler, 351 S.W.3d 862, 868 (Tex. 20 II).

26. The only relevant case to the contrary was decided following the date that this case was

filed and therefore doesn't apply. Rauhauser v. McGibney, No. 02-14-00215-CV, 2014

WL 6996819 (Tex App.-·Fort Worth Dec. 11, 2014, nph) (TCPA rnotion survives

nonsuit). This case was tiled on September 24,2014 and the Rauhauser case was decided

on December 11, 2/J14. Had LAW OFFICE OF KLEINHANS GRUBER, PLLC known

at the time of filing that this case couldn't be nonsuited if their caseload and personal

circumstances prevented them from prosecuted this case, LAW OFFICE OF

KLEINHANS GRUBER, PLLC would not have filed this case at the time. Likewise, this Court should sign an Order of Nonsuit, finding that the nonsuit date of this

27.

case was the date of Notice of Nonsuit of December 22,2104, and strike the February 26,

2015 setting from the docket.

[7] L-AW--:0:-F-FI_C_E_O_F::K-L-El·N--!!-AN-S-G:::R-C.BER. PLLC V. LEVI MORIN

SECOND AMENDED/SUPPLEMENTED MOTION TO STRIKE SETTING. ET. AL. PAGE60F 12

E. In The Alternative to Paragraph D, Motion for Continuance and Motion to Strike Notice of Nonsuit

28. LEVI MORIN's intentional delay has cost him to miss to deadlines imposed by the Act,

and likewise, LAW OFFICE OF KLEINHANS GRUBER, PLLC is only requesting a

continuance/resetting and discovery and striking of the Notice of Nonsuit in the event

that this Court finds that LEVI MORIN's Motion to Dismiss should not be stricken or

dismissed based onmis;,ing said deadlines or based on the court's own discretion. This continuance should be granted because LAW OFFICE OF KLEINHANS GRUBER,

29.

PLLC is entitled to discovery pursuant to The Texas Participation Act Section 27.006(b),

"on a motion hy a party or on the court's own motion and on a showing of good cause,

the court may allow specified and limited discovery relevant to the motion."

30. LAW OFFICE OF KLEINHANS GRUBER, PLLC has good cause for discovery prior to

the Motion to Dismiss setting so that LAW OFFICE OF KLEINHANS GRUBER, PLLC

has evidence that is only in LEVI MORIN's possession to defend the Motion to Dismiss.

Such relevant discovery is of any evidence supporting that LEVI MORIN's statements

posted on Yelp about LAW OFFTCE OF KLEINHANS GRUBER, PLLC are false.

LAW OFFICE OF KLEINHANS GRUBER, PLLC is entitled to discovery of any

evidence supporting that LEVI MORIN knew they were false (for example, LAW

OFFTCE OF KLEINHANS GRUBER, PLLC needs discovery ofthe billing statements in

LEVI MORIN's posc;ession thut show ell the work perfom1ed on his case and which

document the hourly rate bilku was not S400 an hour as he held it out to be, but rather

$350 an hour).

31. October 28, 20 I 4, weli bdorc LEVI lVIORfN filed his Motion to Dismiss, LAW OFFICE

OF KLEINHANS GRUBER, PLLC LEVI MORIN has been in possession of discovery

for over 4 months. LEVI r.,1()R fN failed to respond by November 19, 20 I 4 to the Request

for Disclosure included \\'ith the Orig;nal Petition. Additionally, LEVI MORIN failed to

respond by November 27. 2014 to the Req1.1est for Production, Request for Admission

and First Set of Interrogatories served on October 28,2014. On February 13,2015, LEVI

MORTN provided extremely limited and self-serving responses and production. In fact,

for all discovery requested which is "discovery relevant to the motion" (as set forth in the

Act as being the type of discovery allowable), is followed by a response from LEVI

\10RIN that. "The Act doesn't entitle the finn to this information yet." One such

example i·· Reque<l for Production No, I, "Each and every written Statement or

Document in your possession concerning the Incident that you allege supports your

allegations lhat your Y cip review was true or SLtbstantially true." LEVI MORTN responds,

"The Act doesn't entit:c the ilrm to this inlom1ation yet." However, for each response,

LEV! MORfi-1 !;Jib: to rcfcrertCC;! any secriDn of the Act that supports such response. Furthermore. in open :court on February 17, 2015, when questioned by the judge, counsel

32.

for LEVI MORIN admittcrl there was discovery in his possession not yet provided that

would be bene1iciai if not necessary for LAW OFFICE OF KLEINHANS GRUBER,

PLLC's respons;;: to his \1otlon to Dis1niss.

LAW0FFlCE OF KtEINllA~S GRUBER. PLLC V. LE\'l ivlORlN

SECOND AMENDEO.-'Sli?PLEMH!Tt:D l·.r!CflON TO STR!KE SE.'lTJNG. ET. AL. PAGE 7 OF 12

33. Therefore, only under this limited situation set forth in the paragraphs above, does LAW

OFFICE OF KLEINHANS GRUBER, PLLC motion for discovery to be able to prepare a

defense for LEVI I\10R IN's dispositive Motion to Dismiss and for Fees requesting that

this Court order LEVI MORIN to remove objection and respond to Requests for

Production Nos.: 2-4, 6-7, 12, 14, 17-28, and Response to First Set of Interrogatories

Nos. I, 3-~L and 11-IJ.

34. Likewise, this Court should grant a continuance to a time that LAW OFFICE OF

KLEINHANS GRUBER. PLLC is available for a setting and should allow discovery as

properly served on counsel for LEVI MORIN on October 28,2014. 1

F. Motion for Sanctions/Fees 35. It may be necessary for LAW OFFICE OF KLEINHANS GRUBER, PLLC to secure the

services of counsel. licensed attorneys, to prepare and litigate this suit in connection with

this Motion.

36. Additionally, LAW OFFICE OF KLEINHANS GRUBER, PLLC files this Motion for

Sanctions pursuant to Rule 13 of the Texas Rules of Civil Procedure, and respectfully

shows the court that on December 3, 2014, counsel for LEVI MORIN served a Motion to

Dismiss that certified in the certificate of service was served on LAW OFFICE OF

KLEINHANS GRUBER, PLLC on December l, 2014, but which according to records in

LAW OFFICE OF KLEINHANS GRUBER, PLLC's system 2 , it wasn't served on LAW

OFFICE OF KLEINHANS GRUBER, PLLC until December 3, 2014.

37. Furthermore, the purpo;;e of sanctions is to secure compliance with the discovery rules, to

deter violation of the discovery rules by others, and to punish parties for discovery

violations. If the party against whom sanctions are being sought cannot show due

diligence, a coun may award to a prevailing party all costs for inconvenience,

harassment. and om-of-pocket cxpcn~cs incurred or caused by the subject litigation. Tex.

Civ. Prac. & R<:m. Code§ I 0.002(c). The Court should grant this motion because counsel

for LEVI MORIN has inientionally delayed these proceedings with the intent to prohibit

LAW OFFICE OF KLfiNHANS GRUBER, PLLC from their right to request this Court

to allow discovery ;·.s c:et forth i:1 paragraph E above.

38. The Court should gr:mt this Motion for Sanctions under its inherent power to sanction

pursuant to Texas Rules of Civil Procedure 15 because LEVI MORIN has used his access

and control or docnmcnts to produce only a selt:serving subset of responsive documents,

while withholding virtually everything else that could be damaging to is unfounded

claims set l~'1rth in his ~1otion to Dismiss.

[1] To be clear, LA IV OI'FJCE Of KU:.INHANS GRUilER, PLLC is only requesting discovery in the event this

Court finds a) goc•d c:::us{; cxis!s l(,r ;;n ..-:xt(':nsit,n ofboth 60·tlay p1~riods and b) a good cause extension can be

granted following til.::: c:· piratiDn ~_,~- ~l~ ~J' the (:0-day pcrinds . · - - - - - - - - - - - - - - - - - -

.,...---,---.....,-:·--- · - - - - -·--·-- LAW OFFICE OF KLEJNHA:\S GRLBf:tC PLLC V. LEVI MORIN PAGES OF 12 SECOND AMENDEDrSUPPLSMl:'n E!J MOTION TO STRIKE SEITING, ET. AL.

39. The Court should award attorney fees and expenses for preparing this motion, in addition,

the court should impose the following sanctions: monetary sanctions, striking the

pleadings, striking LEV! MORIN's Motion to Dismiss setting, award of attorney fees for

LAW OFFICE OF KLEINHANS GRUBER, PLLC to hire counsel to defend against the

Motion to Dismiss claims, limit testimony about the document or the issue, and/or any

other sanction that the court deems to be in the interest of justice.

40. Likewise, this Court should strike LEVI MORIN's Motion to Dismiss setting and order

nonsuit of this case effective December 22, 2014 and order fees/sanctions for all the

pleadings and increase of cost of litigation caused by LEVI MORIN in the interim.

41. Alternatively, if this Court tinds that LEVI MORIN did not miss I or both of the 60-day

deadlines imposed by the Act, that this Court allow continuance, discovery, striking of

the notice of nonsuit and order fees/sanctions for counsel LEVI MORIN's lack of due

diligence in dealing with discovery matters.

42. For these reasons. LAW OFFICE OF KLEINHANS GRUBER, PLLC asks for this

Court's relief.

Respectfully submitted, LAW OFFICE OF KLEINHANS GRUBER, PLLC leinhans kim@lawo ceofkg.com State Bar No. 24062755 Keith L. Kleinhans keith@lawofficeofkg.com State Bar No. 24065565 12600 Hill Country Blvd, Ste. R-275 Austin, Texas 78738 Teleohone: 512.961.8512 Facsimile: 512.623.7320 --~-------------------------------------------------------------- LAWOFFICE OF KLEINIIANS GRUBER, PLLC V. LEVI MORL'i

SECOND AMENDEDjSUI'PLI'Mf,NTED MOTION TO STRIKE SETTING. ET. AL. PAGE90F12

VERIFICATION OF MOTION FOR CONTINUANCF. STATE OF H;).' ... AS §

COUNTY OF TRAVIS §

ON THIS DAY pcr><•nully np[>earcd Khnbcrly G. Kleinhans, who, after b~ing placed

under oath, stated the following:

"T have read th<1 above Motion for Continuance and every statement is within my

personal knowledge and is true and correct."

Kimberly 0R. \ ~~s-QO"' Not Public LAW OFFICE OF !C. FTNt.r \NS ur.:_·is'~i~, PLLC \/.LEVI MORIN

SECOND AMENDal/S:JPPLEMfoYrc D MOTION TO STRIKE SETTING, ET. AL PAGE 11 OF 12

CERTIFICATE OF SERVICE I certify that a tme copy of the above was served on each attorney of record or party in

accordance with the Texas Rules of Civil Procedure on Febmary 18,2015.

The Olsen Firm. PLLC

LeifOlsen

4830 Wilson Road, Ste. 300

Humble, Texas 77396

Telephone: 281.849.8382

Facsimile: 281.248.2190

Email: leif@olsonappeals.com

VIA ESERVICE AND FACSIMILE

LAW OFFICE OF KI.ElNIIA~S GRUBER, PLLC V. LEVI MORL'< PAGEI20F12

SECOND AMENDED/SUPPLEMENTED MOTION TO STRIKE SETTING, Er. AL. *25 ........... -~-·--- ..... __ _ ,:7;-:p)AVIi OF SERVICE 201at Judicial Dlotrlct eoJrt ! Pl~intitf: Law OffiG·;t .~: t :~~,:, · . ! I

vu.

Dofendar.'·

Lflvl Mor••··

For; LawOfftv:. • .• ; ,.·,:.

iOO Lavcc.: ~ ;~,.

Suite 1qO'

Aust!n, ·(;- · ·· ·:' ·. :. '.''':'''~_:,''~;,,or September, 2014 at4:10 pm to bll served on l.evl Morin, 1901 j Racaived :·~ ... •\p·:\i~~:

Onlor, c~ .. ,_.;,_ .· /(. ,·:::·.· : _,.·. I

<:, .;·)·"' •l~d say that on !he 30th day of Soptembar, 2014 at 8:06am, 1: ., · . ·/··'"' ::.!<Ito and correct copy ollhe Citation, Plaintiffs Original Petition, I~IOIVIP•.I!' · ·: ,,,., .. :· ,.. Roq110~t :·.,,. '''"'~''·' '· · · ·· ·:. ,, . ,·,·w· ''~· C•l~cloauro with Civil Cllsc lnfonnatlon Shaot with the date of

service,.,~,,, ··. · .• ·. . .. ,, · '''.-''.'• «t the address ot. 1901 Onion Creak Parkway #3107, Au&tln, ::-. ·':co~ss, LLC, end informed said person of the contents therein, In

lX 78748 ...... ,,, '"'' · ···• compli;\f"'·> ·" -':·· .:.:. ··. •· · · ,,,<! •'1ind, have no Interest in the above acUon, and am a Certified

I certify tl:;:r I , .. •··· • ; •. ·':.: ·:/;cult in w~lch lhe process w~s delivered. The fac1s stated In this Prc-r.c::u~ ~.~.-:·,_. affadav•' , ... , ., .... •·• ., ·ind dr~ :ruo and COt'Tect .. ::__: ,•'•. :~:·-::.·I::~!

Subscrib~·~:: _, ... _. ·:>~,.:. · SCH-9631, Exp. 4/30115 -·.·,:;:.

of Septer:: ... . known 1-:> r.·":

'"-::>2..+.::.. / ,. Auslln Procou LLC 809 Nuoces

~RY·,,;;c Austin, TX 78701

(512) 480-8071 Ou>' Job S~rial Numbe1: MST-2014003433 r;:,,,, ~;G v. Morin -: .. _. -;-,'· ,._ .... ,·;

. \

Ill 1111~11" /Ill 1111 . :• ... 7013 2250 0001 3659 4138 ··' .. . . ·- E x h i b i t B - P age ^[013]

: .. . , . {~if.Olsen ........ ·-;.- · 4830 Wilso;R.oad, Suite 300 ....... . • ·-."! ::' .• ~ . ·. ~--· ... ·Hurn.ble,-rikas 77396 . • . •f:~ :.. • . · ..... •""!. ,. . ~., : ' ... A. Sign<~tu:c E'; Complete items ·1, 2, and 3. Also complete 0 Agent item 4 if Restricted Delivery Is desired. X w. Prinryour name and address on the reverse so that we can return the card to you. B. Received by (Pn'nted Name) rn Attach this card to the bacl< of the mail piece, or on the front if space permits. D. Is delivery adllres5 different from item ! ? Yts 1. Article Addressed to: !t YES, enter deliVel)• address below: 0 No Le; 0 0\.:, ~ill ~ o3 ow: \s."11 fZ.d ·

sie._). oD ftvlfVI\o\e ,IX. 1--=t?, 1 ~ 0 Priority Mall Express·~ D Retum Receipt for Merchandise 0 Collect 2. Article Numbet~ 7013 2250 0001 3659 4138 (Transfer from S -----~------- -----------~--'----,-------'----- LAw OFFICES OF KLEINHANS GRUBER. PLLC Kimberly G. !Oeinhans

Keith L. Iaeinltnm;

· k~ith@l:rwofficeofkg.com Jcim@,lawoffi~eofkg.com

. ' ' LAW OFFIC."ES OF KQ, PLLC Mailing Address: Bc:t: Cavc:'s.AUdn:ss:

12600 Hill Country _Bh'd_, Suite R-275 ' 700 Lavaca St, Ste. 140'0 • Au;1in, Tex~ 7870 I

Am.1in. Texas 78738 . ' . ~. . ' .- Fnx: · Si2.623~73:io- - wWw.laworficeotkg.cam

-----~Tel: 5!2.961.8512 . October 28, 2014 '· .. ., LeifOlsen ·

. 4830\Viis~n'.!Zoa.d, Suite 300

. Humble, Texas 77396 ....

Telephone Number: 281.849.8382 Facsi~ile: No Fax Number E~ists .· ... - • . . ,· ..

Email: leif@olsonappeals.com . . :. _.. ~ . . . VIA. CMRRR# 7013 ~250 0001 3659 4138 . .. : : ,ANJ)EMAIL ''f. .. -~- .... . . . ' . . . .

. _. .. ' •. RE: .. CAUSE N6. D-1-GN-14-003874; LAW OFFICE OF KLEINHANS GRUBER, PLLC v. LEVI .. .. . ·lvlORJN; IN THii20 1ST J UOICIAL DISTRICT COURT, IRA VIS COUNTY, TExAS'

•.· Deaf ML 01seil: : · ..

·Enclosed, pleas.e find t11e following d~cuments: .· : : •\ . ·.

• .·Law Office ofKiei1Jhm•s Gruber, PLLC's First Requests fo~ Admissien·to Levi Morin;-

; • Law Office oi'Kleinhans Gruber, PLLC's First Set oflntertogatories to Levi Moritl;

• . Law Office ofKleinhtms Gruber, ~LLC's F.irst Requests for. Production to Levi Morin~

· Should yini. have any trouble receiving ihe,Se documents, please do nbt hesitate to ~ontact me

directly. · · · · ' ...

. . . ., ·.~·.·· @ J=Vi,; ' . ' . ··. . . . . . ·· . 1- -~- Paral~gal to Kimberly G: Kfeuilians .. .,

·' . · .. ~ ...

CAUSE NO. D-1-GN-14-003874 *28 LAW OFFICE OF § IN THE DISTRICT COURT

Iq.EINHANS GRUBER, PLLC, §

Plaintiff, §

v. § '201" JUDICIAL DISTRICT'

LEVI MORIN, §

Defendant. § , TRAVIS COUNTY; TEXAS

•' . ' ' FlRST REQUEST FOR ADMISSION TO LEVI MOIDN LEVI MORIN;· by and through their attom~y· ofrecord, Leif Olse~, 4830 Wilson Road;

To:

Suite 300, HUJnhlc, Texas 77396.

-~ ..

COMES NOW, LAW OFFICE OF KLErN.HANS GRUBER, PLLC, Plaintiff, and makes

the attached 'reques\ tor ~drn•s,ion and serve's th~m .on LEVL MORIN, Defendant, p~tsuant to.·

·. Tex. R: Civ.P.'J98; and respectfully requt;sts that you admit the truth, of each of-the' matters set forth hereinbelow. Your response to th~se requests must eit~ef. sp~cifically: and s~parately admit

•·'· ~~ .. ·~ · ..

or deny each ofthe matters set .otit below or explain in detail the.· reasoi)s ~hy you cannot truthfully admit or deny sucll m:1tt~r. Each ~(the matters· set forth below will. be.admitted by you . . . . . . •' . ' ' l.!n.less, within thirty (30) days after service· of this ·~equest, you mak~ and serve on Plaintiff's . ' '·· ; .·;:. ·. . ~ounsel a written re.sponse tc\these matters as required by Tex. R. Civ. P.·l98, . ... :

·:. : -1'. ,.;·

: .. !- • .... .·

. ·."·

. ·.·. '· . . ·,

: '·. ,. '

··.:·· . " • oli. •• I; ·.:.' '·.·· .. : , ... . ., .· ... , . .· :· .. ., ;-, .. · .. ~- LAW OFFICE OF KLHNHAl';S GRUBER, PLLC V. LEVI !'vi ORIN

FIRST REQUEST FOR ADMISSION TO LEVI MORIN ., . . . ~ '. . .. , . ·~ .

. . --·~~-.. . . ·: . ~". Respectfully submitted, *29 LAW OFFICE OF KG, PLLC : ATTORNEYS FOR PLAINTIFF By: -:::--cP~~~---'-----"-__:_-___:_:_~ Kim

Texa

kim@lawofficeofkg:com Keith L. Kleinhans Texas Bar No. ;24065565 keith@lawoffic~ofkg.com ;700 Lavaca, Ste. 1400 · Austin, TX 78701 · Telephooe:.5!2.961.8512 ':. . ·r~similei 5!:2'.623.7320 -1· . . ·_": ,.

CERTIFICATE Oli' SERVICE I certify that a true copy.ofthe above ,_;.~s' sel'Vedon each atto~ey of rebord or p~rty in

accordance >vith the Texas Rules of Civil Procedure on thr 281h day. of October, 20i4. ' ·.

·, .- .

. · LeifOisen . -I 4830 Wilson Road, Suite 300

Humble, Texas 77396

Telephone Number: 281.849.8382 '· ', Facsimile: No Fax NumberTxists .·-: Email: leif@olsonappeals.corn

VI;\ CMRRH.If 7013 2250.00013659 4138 ·

AND EMAIL

~: >~-- . < · •

. - ... ., . =-~

.•. .

LAW OfFICE Of KLEINHANS GRUBER, PLLC V. LEVI MORIN

FIRST R!:QUEST l'OR ADMISSION TO LEVI MORll\1 . . . PAGE20F5 . . . -

: · .. · . '

DEFINITIONS *30 As used herein, the following terms are defineil as follows: a. '"Plaintiff' means LAW OFFICE OF KLEINHANS GRUBER, PLLC and all other natural persons

or business or legal entities acting or purporting to act for or on her behalf. ·

·.b. "Defendant" means LEVI MORIN, and all other natural persons or business or legal entities acting

or pcrporting to act for or on behalf of Defendant:. ·

c. '·Incident" or "Yelp review" as" that word is used.herein refers to the June,24, 2014 posting by

LEVI MORIN on an internet website called Yelp. .. .

d. "Person" means any natural person, any business, a legal or governmental entity, or~ ~sociation.

e. "Occupation" means a full,· accurate and complete description of the nature,· iype, title and

employment carried on by the pers.on inquired about; the name and address of their e!llployer; and,· ·

the date(sJ such occupation began and terminated. · '·Document" means anything which rhay be :~onsidered to be a document or tangibl~ thing within

the meaning of TEX. R. CIV. P. 193 and· tri.eans the original; or any copy' if the original is not .

available, of writings and tangible things of eyery kind .and description, and inCludes, but is not

limited to. any drawing; graph, photograph, film, video, phone record, report, minutes, t~anscript,

memorandum, notes, jotti'ngs, paper, tetter, correspOridence, .commuriic8tion, invoice,· Contr~Ct, ,

check, check stub, accowning ledger, chart, map; plat, tape, disk, card, wire and any other

electronic_. magnetic or mechanical recording or transcript of anY. other instrument qr deVice which

contains any information or from which imy "information can be .derived. or retrieved. The term

"document" also includes copies containing any information in addition to. or in any way different .. ·

from that contained in or on the original, and all attachments, enclosures or documettts affixed or

ret(m-ed to in any documents to be described pursuant to these requests. ;•Relating"·. means concerning, ref~rring, des~dbing; evidenCing, or constitutine:, direCtly or

indircctiy. "Statement" means :my written or graphic statements·sigoed or otherwiseadopted;or approved by·

the · person making it, <md any stenographic,. ·mechanical, electrical . or other nicordjng or

-transcription thereof, wrjch is a· substantially verbatim recital of an,oral.statement by the person

maki.ng it-and contemjJorarteously recorded. ··

"And" anrl "'or" shculd be construed as both conjunctive dod disjunctive as necessary to brmg

within the scope of the discovery request all response that might' otherwise· be construed to be

_outside vfits scOpe. . . . .

j. "You.·· "your'" and "yowsell" refer to LEVI MORIN .. ''Com;mmic.ationh mea11s ^[1] . transmtsswn or of infQ.nnation. betWeen exchange ~o more the • ·Or . : .. persons, oraily or in w1iting, through any document, a5 defined above, and incfudes, without· '· .

. lirnitatioi1, any c~:mv~rsadon or discUssions, whe~~r face-to-face, via telephone Jines Or data lil)es.

-::-c-:~=-·""-· - - - - - - - - - - · LAW OFFJC:E OF KLElf-li-!A1'S GRLBEf( PLLCV. LEVi MORIN

FIRST REQUEST FOl-t ADMISSION -TC· LEVI '!vlORIN . . . . .·PAGE30FS·

.·. . i .... ,. :·_,.' .· •

REQUEST FOR. ADMISSION *31 ADMISSION NO.1. On or around Jun~ 24, 2014. tlirough August 20, 2014, LEVI MORIN's

Yelp review was· posted online e0ntaining a statement that LEVI MORIN was billed at $400.00

an hour. - . ..

ADMIT/DENY NO.1.

ADMISSION NO.2. LAW OFFICE OF KLEINHANS GRljBER, PLLC did not bi.ll LEVI

MOR!N ~I $-100.00 Rn hour.

RESPONSE NO. 2. .•

ADMISSION NO.3. LEVI MORIN is in possession of the contract with LAW OFFICE OF

KLEINHA:~s GRUBER, PLLC. . . ,

. i

... ADMISSION NO.4. On or around June 24, 2014through Augtist.20, 2014, LEV!MORIN's

Yelp review ~untained falsestatemerits about LAW OFFICE OF KLEINHANS_ GRUBER,

PLLC. . · .

. .

'.· ADMISSION NO. 5. LEVi MORIN's Yelp revie_~·con~ins false statements about LA 'w

OFFICE OF K I ElNHANS GRUBER, PLLC. .

RESPONSE NO. 5. ·

· ADMIS!:!i6:'1 r-10. (,,LEVI MORIN knew that the Yelp reviewc~~ined false statements. about

LAW OFfrCE OF KLEINHANS GRUBER, PLLC. . . :·.'. ·. _ . . ' .

. .

ADMISSlON NO.7. LEVl MORIN posted the Yelp review with intent to cause financial harm

to LAW OFF \CE Of KLEINHANS GRUBER, PLLC.

LAW OFFiCE OF KLEINHANS GRUBER, PLLC V. LEVI MORIN FIRST REQUEST FOR ADMiSSIQN TO LEVI MORiN. - . . -PAGE40F5 ' ....

· .... - .· HESPONSE NO.7.

ADMISSJ001 l'X>. S.·LEV! MORiN posted the Yelp review with intent to cause reputational

harm to Lf, W OPI .. ICE OF KLEINHANS GRUBER, PLLC.

RESPONSE NO. 8.

,;; ·.·· .. ·.·.

',. -:'-=:--::-:::::-:: · - - · :::-c:-:-:-:-::::-::::::=::=-::::-:-:::-:-:-:-:::-'::-:-=::-=----'--,.-~~....::....,_,..,... __ _ LAW OFFICE OF KLEINHANS GRUBER; PLLC V. LEVI MORIN

FlllST REQI lEST FOR ADMISSION TO LEVI MORIN PAGES OF 5 . .. :

.. · . . .·;_. . . ::: .. ·:.·. .-:~· ·:} CAUSE NO. D-1.-GN-14-003874 *33 LAW Ol''F\Cl<: OF § IN THE DISTRICT COURT

KLEINHANS GRUBER,'PLLC, §

Plaintiff, §

v. § 201" JUDICIAL DISTRICT

LEVI MORIN, §

Defendant. § TRAVIS COUNTY, TEXAS '

FIRST ~3ET OF INTERROGATORIES TO LEVI MORIN To~·_. LF.Vl MORIN; by and through their attorney of record, LeifOlsen, 4830 Wilson Road,

Suite 300, Humbie, Texas 77396. ·

COMES NOW, LAW OFFICE. OF KLEINHANS GRUBER; PLLC, Plaintiff, and serves

LEVI MORf?-l, Defendant with this First Set of Interrogatories pursuant to TEX. R~· CIV. P. 197 .

. · . ' lnterrogalori~s drc to be answered by you separately andfully in writing under. oath. Your

answers to the interrogatories are to be preceded by the. particular. Interrogatory· t6 which the ''

answer pertains. The interrogatory answers ate to be signed under·oath :and verified by the . .. ' .

person making them. You are to serve your answers and objections, if any, ·upon [A W OFFICE

OF KLEiNUi\l'\S GRUBER, l'LLC within thirty (30) days after you receive· these discovery

. i.

requests at the offtcc of LAW OFFICE OF KLEINHANS GRUBER; PLLC's counsel, whose

address is sel !~orth be-!O\\i.

You nre tl(ivised thai it is not a ground.for objettion that an Interrogatory involves an

opinion or oontention th"t ·relates to factor application of law. to· fact..· Tex: R. Civ. P. 197. Yoti . . . - ' '

. are (uither adv iscu that an evasive or incomplete answer is to QC. treated as .a failure to answer or

I • • t. ' • respond. You are expected to supplement your answers and responses in ·accordanc;e with,TEX: · . . . '

R. CIV. F. bJ. ·~f you fnil w answer these interrogatories as setforth above, and in ai:coroance

with TEX. iz. C.W. P. i 97. LAW OFFiCE OF .KLETh!HANS GRUBER; PI;LC. may move for

--'---·---··---~---,-'c--,.--,.-.,...,.---~~-----.,...---:----.,.---- LAW OFTTCF OF KLF.!NHANS GRllllER. PLLC V. LEVI MORIN FIRST S.CT ()f. [_-..: L~k~od..:::·,::\U~S In LEV; r .• iORI\1 PAGE I Of 10 . ·,, . ·.·' ··:

. '• :- ::.-.·-:-, .· .. ; __ ~_>:._ ...• sanctions against you pursua!lllo TEX. R. CIV. P. 215.

Respectfully submitted, LAW OFFICE OF KG, PLLC A ITORNEYS FOR PLAINTIFF By: -:-::--:-i~~~-~---'--- Kimb I G. Kleinhans . Texas r No. 24062755 ' kim@lawoffic.eofkg.com :Keith L. Kleinhans :Texas Bar No. 24065565 keith@lawofficeofkg.com . 700 Lavaca, Ste. 1400 . . Austin, TX 7870 I Telephone: 512.961.8512 Facsimile: 512.623.7320 •. CERTIFICATE OF SERVICE l ccni!)· Owt a true copy of the above was served on each attoi:ney of record or party in

accordance with the Texas Rules ofCivil Procedure on the 28'h day' of October, 2014. . ;, . ·-·.

LeifOlsen

4830 Wilson Road, Suite 300 · .. ~·

Humble, Texas.77396

Telephone Number: 281.849.83~2

Facsimile: No Fax Number Exists

Email: le.if@olscn~ppc<.lls.com

VIA C!VffiRR# 7013 2250 00013659 4138

. AND EMAIL i

----~--· ·-----~-~~-~~-~--~----~--~--~·~------ LAW 0FFrCE •lF KLf'IW{fiN> GR(lclER, PLLCV.' LEVI!vi.CR!N ·:·

FrRST$EToFINTERROGATORJEqo LEVIMORJN · 'PAGE20F 10 ., • .. '• ·' •'

. ,: DEFINITIONS *35 A; used herein, the following.terms are defineil as follows: a. "Plaintiff' means LAW OFFICE OF KLEINHANS GRUBER, PLLC and all other natural

persons or business or legal entities acting or purporting to act for or on her behalf .. ··'·.

· b. "Defendant'' means LEVI MORIN, and all other natural persons or business or ·]ega! entities

acting or purporting to act for or on behalf of Defendant. ·

c. "Incident" or "Yelp review" as that: word is used herein refers to the June 24, 2014 posting by·

LEVI MORIN on an internet website called Yelp.

d. "Person'-~ me;J.ns any natural persqn, any business, a legal or governmental entity, or an:.

association.

e. "Occupation'' means a full, accurate· ~d complete description of th~ nature, type, title arid'

c:npLlyment carrie,; on by the person inquired about; the name and address of their employer;

and, the dete(s) such occupation began and terminated.

f. "Document" means anything which may be considered to be.;;_ document or tangible ·thing within

the :o:eaning of TEX. R. C!V. P. ·193 and meims the 'original, or 'any copy if the original is not

available, of writings and tangible things of every kind and description,,and includes, but is not

limited to~ ~ny d.ra\\iing, graph, :p~~tograph, film, video, phOne r~cord? :r~Port, minutes, transcript,

memorandum, n:otes,: jvttings, paper, letter, correspondence, commuriication, invoice,. ·contract,

check, ched.;: stub) accounting ledger, chart, map, plat, tape, disk, ·card, wire and·.llily other··

~teuronic, magnetic or mechanical recording or transcript of any other instrumen~ or device

which contains any infomiation or from which any information can be derived or t:"etrieved. · The: term ''ducwneuC ulso includes copies containing any information· in addition to Ot:"· in any way_

different frcm that (:Ontained in or· on the original, and all attachments, enclosures or-documents

nfl1;\·~~:l ur rcfcri:ed to i11·any documents to be described pursuant to these_ requests.

g. "Rdniing'' means com.:cmilig) referring, describing, evidencing, ~r constituting, direCtly or

inc.iircc:tly ... "StatcmcnC means P .. ;1y 'Nritrcn or graphic statements ·signed or otherwise adopted or approved

by the>. person making it,. _and ·any. steriographic, mechanical, ~lectrical or other r~cofding or·

tr;:~nsc:i'iption thereof, ,~:hich is a substantially Verbatim recital of·an oral stateinent by the. person

rrnkir:g it and contempc•rancously recOrded. ' · · ' '·And'' u.nd "or" shC.uld be construed as both ·conjunctive. and·disj~~tive as neces~..;y ;o bring

~;·ithin the scope of the discovery request all response that .Ji'Iight otherwise be: construed to be

out;;itic of its ::;cope. -~·' ·

j. "Y NI,'' "vou:-'' and '·volJrse!P' refers tO. LEVI.:NI6RIN. · _. ."• !' '-. ·: ' J •• ' • • ' • •.... 't~' ·l· I k. "C;:-.r;~tt:,micaticJJ'' n::22ns the transrilissioJ~\9r "exc~ange of :infor~ation between twO or moTe

pc:·s'J"''' or<,iiy 0;· \r; r:riting,. l11rough any,fd.ocurrient, as defined abov.e, and includes, without

limiiaLioo. ai(Y cunVersatlun or discussions, Whether-face-to:...ra.Ce, via telephone lines· or. data lines .. .'

' . . . • - > ' LAWOFFlCT -;;:-j~[;;~7fr~:;;$-(jR-tJB-ER, PLLC v. LfVI MORJN

FIRST SeT 0!: J; ... ;: ::R!W:J,\TUlH!::, ru LEV! h1oRrN PAGE30F 10 . .

· ... ',• . . •'. ' • .. . ::., ,· .. ·: .·, '·Dl::.:.<.:J . .::./' if!;;tll1!, a d<;tui!t!d statement of all things relating to or affecting the particular subject

I. w > dose: rice<} inducing. but not limited to, times, dates and places and the names and complete

rna!lm~ :addrEsses-of any persons involved. ·With reference to do~uments, communications, and

agr·.~--~r:l::i-tlS, Lhc.: lcr~n ".J~sGribc" also includes a detailed statement of the substance of the facts

<l!ld opinions made rcfC.r.:.:nce to or stated in each document, commUnication or agreement.

m. "Id,..;ntii~/' 'l o a person mqans to state their agC:, full name, reSidential address and phoile number,

. bufincss .address and phone number, occupa~on and employer. · ·

To a pllblie or private corporation, ~artnership, association, agency or other entity means

ro ~tale irs name, address, state of:;incorporation, if applicable, and maj"or :purpose ·or

buslnes~- activ!t:,v·.

b. Tn a statement means to identify ihe person(s) who made ·it, took it, recorded it, or·

received it; thC date and location· of where it was made; how it :Was recorded. or:

trans.cribCd and what machines Or instruments were used to record or transcribe it, if itny.;

the name(s) and nddress(es) o(any person(s) who was present duringthe making thereof,

c•' ·.rh hoc: pc:·sono! knowledge that it was made and,of its content(s); and, the name(s)

c:;d :·c'·.'···•:c;c'(os) o{any person(s) w~ presently has possession or last known possession,

. ctGlody or c011trni thercoi; .-;

•' To ;l d0cumt:nt means to .idenfir/ its date,· state 'its -g~~erar" contents-,- ·including,_ ·if

· app!iGabie, wi:c:>e, when ana how it was made, the name(s) and 'address(es) of the

pt:r:;en(s) \~.-tw n~_::de it, received i~ and who haS possession m: last kl!oWn_.pos_sesSion-,

'""tudy or wnlrcl of.sllch document, provided, hO\yever,:that answers fo interrogatories .

rcqucsling identifications_ or desctiptions of certain communications or:_document~ ·may

1:,.:: satisilcd by attaching a true and eorrect coPy of any written documents, as described

iH::rei!J. cun!aiHin:~ tile requested informatjorl; an"d. ' .

d. · To any other tangible thing means to give a detailed description thereof, inchiding, if

. applica~lc, wi1crc, .,vhen and how it was made, the name(s) and .address(es) of the

· f'C!.COn(S) •;;he' made it, and identifx WhO presently has :pOSSeSSiOn Or last known

pos:::ession, Gllstody and control of such thing.\ · ·

. . . . . . ..... .

. . . ~ ';, LAW OFF!CF rJF KLL'TNHAl'S GRT!<lER, PLLCV. LEVI MORIN·. PAGE40F 10·

FlRST SET or iNTER/-~!J:~ .. 'I T(l:~r;;:~ -rn LEvr MORIN,

. -'-~~ . ,_. ;.: .

FIRST SET OF INTERROGATORIES *37 INTERROGATtmV NO. l. State whether or not You have: ..

i\. Made a due and diligent search ·of all related documents, books, reports, memos,

photos and writings within your possession or under your control, jn order to obtain

informatinn wi1h respect to this action. If not, please explain why not.·

!3. !\-lade a due •mC diligent inquiry o.f yoUt-" employees, friends, relatives and those

pcrso"s a'.·llilabk tc assist ·you in .order to obtain information with respect .to this

aclion. f!' lHll. r~iu;'-:c expiain why no_t

INTERROGATORY NQ_,_}.,

State your full n~me, date ofbi;-t~, address and occupation; also state the name, address,

occupatio" and rdatirnrship to th,, pm1ies of each individual who' assisted the answering of these

. interroga1ories. · · · · · · · '

INTERRO(;/,..TO~~y Ni.'}, .3, · •

Please lbt uU sol:ial nd\v~r;.;.~~g ... ..-.;bsi.tcs, biogS, fo~·unis,.orchat.roo'mS, inCluding bJ,lt not limited

to ~accbo;:,f,.; ;\) ;Sj'JC<e, . i \iil\Cr, i"'ricndster, Oi·k~t, I:Ii5,_.fv!eetl]p:co~Jpoo,gle +, or_ Linked In, in

wh1ch yc,1 iT1V\·~ ,;.v~r pt.J~-:~·::,·; '.::rc:t.~cd or currently matntamla prpfile .o~·qser _tnfotm;atton, :

including, but not I i m ited to, those that contained or contains text mes~.ages, instant messages;· i · ·

updates, w:: ii pu:·,f''· cmai !;. comments, links, status messages "or othel"'.jnfonilittion related to the

·claims or ck:fcnses made the basis _of this lawsuit.

· ..

INTERKOGATOF:Y NO. il. Y.olir answer denie> rhc allcgution; contained in Plaintiff.s Original Petition; Are you, .. or any ·

. ~gents or IJ;..:i.·snr::.. ~'"'.:i;ng '.>:1 your b~half, aware of any fac.t,!·~bservation, doCument, Or.item of

· evidence tha::, cilhe: directly '" ;ndirectly, supports ·your denial or otherw.ise contradicts the

allegations of the'Plaintift'! iC your answer is anything other than an unqualified''No,'' then for

· each anJ c:\''")' .·cuci: il!ct, ,:.!J.· :::nAion, docu.ment, and item of evidenc~,'please ~et forth the ·

follOwing inJorrnation ser.'1r.~te!y. specifically, and in detail:

.\. i·. ,:u:: i :;;ei '"" :ri;otio:1 or the fact, obsei:vation,. document, ot .itetri. of. evidence,

sellir;L'· fcclh n2!Pc:. d:.J.tcs, times, places and any other information that might assist in

:h~ i.:i:..';<t<·:::~ion 2'id ic~~nt!onofthe subject inforination.

,.··LAW O?:·:r:r. '':' ": l.c· :,·I: hi'', CPUF\ER,. PLLC V. LEVI MORIJ:(

':. FIRST SET o;: 1~~ n:!-.F.:J~i.:, i"Cil.iE:S ·n, L ... \'! h'SO;'-l·N PAGE50Fl0 ·'

.. · ··. ·· .. ·· : ! . . ·•·

..... H. iTe n nne ... nuress, telephone number or other means of identification of each

i'"''"" who has !'C>><.ession or first hand knowledge of the subject fact, observation, d.n~ument. or item ol-· evidence~ and that person's relationship to th: parties he~e'in.

C. ; k ;;;cthod or manner by which you obtained knowledge of this information,

'"'tcing t<xth numcs, dates, times, places and any other details that relate to the manner

L1 \Vhich you obtaine:d such knowledge. ·

D. If the 'subject information i.s documentary, will you please, without a motion.to

rr;:>it''"' .• l!nc'; r: rcpy lo your answers to these interrogatories.

INTERRPZ; /.T\2.E.l::1:U.Li For each affirmative defense that you are ~;~sserting, please

identify the •kfc>r.r; "nd sptcifically set forth all of the facts and evidence that you intend to use to suppm1 sncl! dc:-cnse; ,;1sc. for ''~ch suclt defense, identify all documents (by title, date,.author,

custodi:;,·, !c:d '' '"-'' ,.,.,,,,;zu''-'" oC cnnlents)-that yo;t intend to use to" support the defense, ~nd ·all

persons who have knowlcd;.•c ol tac•ts supporting the defense. Those perso.ns should be identified

by name, occnpatiun, address, title, relation to the parties herein and a description of the

informatio!: that ri:·.::y :111,;: ~o ;.~res~:nt. ·

INTE!UtUC~.:''l'Ci:£X.Ji_(). -:!,. With respect to allofthe documents that You have in Your

possessi<•n or under Y c•ur w,;i;·o! That are relevant to the InCident that forms .. i)te basis"()fthis lawsuit, p[cr:sc idc;o:if:; th•)se.doc•umcnls that ai·e likely to contain the following info.rmaticin:.

documcnh i; P:n '"''·> i, ? ()' ·''" tho: present that contain· infori)laticin that Yo.u allege suppm:t that

the stateme;.,t., <hat '"'''"k up the Junc'24, 2014 Yelp review of Law Office ofK!einhans.Gruber, PLLC

were tru;.:. J:.\..;:...:,;.~:;,;.;_ ;..':...:.L 1:cL i:1-r:;:.-2d i.O~ the documents that support your responses to Interrogatory No.7

below fvr ·~-~tell ~~r:d ~very st.;):;p~:rt:

'·''" typc:o or catego"ries of the d<Ycuments· (i.e: :Invoices, !'vlemo.s, !:.r:1aih, Letters, etc.) involved,· and the approximate number of Rqy_n~~- Ct)iltO:{.;(~ · -.:-a<::.h t :<~(·. . . .

i>. Picase indicate the location of the documents and the type of sto.rage tha£'ccnitains

•hem '; ·'' I cgrd or Letter Size File Drawers; ·Lateral Drawers, Boxes, etc.}: Also, oic:>s(; llldicate the number of storage units that contain the doc1,1merits.

• T , .

C. Please identify those p01ti~ns of the requested d~cumen~ that are .computerized, or

kv:;:i n• ~,;,y (1\h:;- ,:igiud, upticai or.e1ectr0nic foi·mat and indicate whether the Origin!3.l

<:l!~ri~.·:~ ·/.:,:;n: :._;,;;.·.r;p-.::-:1 typl,.;J by hluid) Dr ~ntercd by way ofvoi~~ reco~ition software. :,.,.,;-, lik •J;::nc:,, ;;ddresses. and relatio.nships to ·the parties of all persons from

.\')_ S::i

wh;_1m ,,,,;!len st:t'•:ments concerning thci, subject incident [or accident] have bee·n · >!'c .. ,tc th>- r.late thnt each stateJrtent was taken and. the person .who. no.w

pn.;;S(':"',~-C."- H.

-'c--'-'~-· LAW OFFICE ul" c< 1 ·,:i·Vi/<1 ,.: ( ii<;:·,;a:. PLLC V. LEVI MORiN .

..PAGE6GFJO . ' .. . ,\_,.,, _.::. i:~ • •• . 'j.~:·. '·· ..

.\ *39 .,_. ln the June 24,2014 statements contained-in your Yelp INTERR~)_Gci:IQJ:~Y i:ii)_,_?.

review of Law U!'flc·c uf i,knwans Gruber, PLLC, you make the following allegations;

•. A. \n r<:garlis wtile aiicgation, "You will be doing the majority of the work," state what··.

work you allege you performed on the family law case during your representation by Law

r>fk." oi f~kintWil' Gruber. PLLC, and the dates you preformed the "work." .,

B. !n reg~rds lo the ailegation, "her legal counsel consists of her arguing with you," state

the d:;tes enci ii)nnt !email, letter, etc.) and content of the correspondence of any.

insrGncc in -.vhieh Ynu ,_,liege LAW OFFICE OF KLEINHANS GRUBER, PLLC was ·· · .,,·

C. In regards In tiL~ :.ilkg;ition, "her legal counsel consist of ... sending hung over

r:;; ..• , :~''''' > cuu:~ :be<c:•'' state all dates, iilformation and facts that you used t~ form your .··· allc;;:.rtinn that i\. i'-'khcd Siegler was nung over and ii) that Kimberly Kleinhank\vas.

a•vu···· •'·•·' '··'i-- 1l"c' <···"·'·····..,..~;hung over as you allege' · , "~ d>..>•. ,•c '-'' <..\. ; •..JI'--t:.•Vl >'<U . ) • •· •. ,. · .. ·

l). in r•.;:_•::rns "-' ·,;1<. e!:e,;"L'on, ::As well asdoin~.almost nothing'for'm~ in th~wa)iof,.

!er,di:.:.;·. r •.•. :h'"'""''' Pc!l '"''"rly complex legal system and helping me understand what's·

going on within it," slalc .the date and content of~ach instance You requested an·

exrh""' ;'-"' icum LA\V OFFICE OF KLEINHANS GRUBER, PLLC concerning_ the . [,,""'' ,,_(<'' '· ;nc F"'''-''" or }'ulll' family law case, or any question whatsoever about Your: ..

i'iimdy b:;,_, ""''"an.:: ;<;_;k the content of the request for explanation or question and how · ·

Y'"" '"''""'c~ il wns nnt answered by LAW OFFICE OF KLEINHANS GRUBER, PLLC. . ... ·: ~

E. in ;egMcL rc• th<: oii~goLiun, " ... she do~s not even know the basics of the laws she

c\;;i:•"'' :.u s;:·;:•c;;,!j,_,, in," sl:tte the date and format (email, letter, etc.) !(nd.substance of any

em 1\~·;-;p;.HH.k.n·.:c thst ':·,-:u aHege Kimberly Kleinhans held out that she sp~cialized in •. ,;j~-~-

l·. ;,, •e;c.rd•; utile J:l::;;":.ion. "She told me to call th&"jl'olice imd that they would make

n:y ;,·. ~i'. ,, ' " ' "''- :;o:; fur our coutt appointed time," siate tlie:date and format ~emaH, · \c:lc.r. cJc.j ··"''' "'-'l·oi•:nc;· nfany correspondence that KimberlY Kleinhans made~~l\id . ~ . . ·.- stah::;: h::;; ~- •• · .. · . !{·:·-~<'--; ·:· ·- 1. ! . •. . C. i1; ;·eg"ais_.v i.hc c.ikgalion that KimberlyKleinhans gave,"shj~y-te~,~~Myice;" sta;e ... .•. til~ ~~.Ji.o:~ ._:;;( nH'fn8t t,:::na;J, iC;Uer, etc.) and substance of any COI'fe$pQndeitce .. tJi~t ..... . . ~ . . ·- ... . ; ~ ,J ,•'. .. --~ .. :·: .. · ·.,,:/: .,.: ;

.-.· I-J in rc;;c:"d-" i ) ''"' aii"c'"tiot> that LAW OFFICE OF KLEINRANS G~UBER;.'J>l:tc :•/::: . : ."·.i· ,. ', ·

h:L fa ikJ to, ";;ct. :;,:.;l~i cJso;; up for success later," sfite ~U dates, .. iriforrilaiion ·and facts·_· · -:· · ·.-. . .. lba~ you usc.d lo {(:>i n1 _your allegation. . · . • . _· _ .. :-.· ' . . : : . :· .: f~: ...

. LAW OFFiCe or :::_;:··.·:::M:•; C::.c'!kl!, PLLC '1. LEV! lVIORr-l : .. · ., :

.: .

.'.•. *40 To the extent that you have not alrel!dy done so, state in

INTERH_!_){_;,~,:rQUX_~1\!,_.lo

detail, y,;ur ·,vsion cr.·,d d·,:crii:•tion of the events which are the subject of the Original Petition;

include ~it of vom per::oncd ob;:~·rvmions. Please provide all relevant times, dates, names and

locations.

INTEE:~\)~.-~:.~0~·~:- .. l.:<::_l~-~2:.2.:- l_,__ientify all di~coverable, consulting experts, that is;_consulting

experts w!u.·:c wur:: :,,l:.: h.;:;;; H>Yiewed by the testifying expert. See Tex. R. Civ. P. 192.3(e). For

each expc·:-~ rl_<;_ C\..::.d. pl'(J\-[(;;;; i_iiC ;~Jih::;wing information: . Ti.tc expcr·~'s :uJ_mc, address, and telephone number.

<:L

; i;., •.' ;pen's cuncnt resume and bibliography.

c. The facts knmvn to the expert that relate to or fonri the basis of:tlte expert's

r"' ,ur' i~<)l:ressio:"; ami opinions fonned or made in connection ·with the case,·

t L-:5_;(:·~-~l.:::s:_- --)r -},'~~en a11d how the factual.inforffiation was aCquired._

The :·c;c-;,_H ir'prcssion:; or opinions ofthe expert formed or made in connection ·

with the case cl!ld Gny methods used to derive them.. · ..

' ''. :;c,- :·.': ,, ·c·,:mcnls nnd tangible things, including reports, models; or data :.i: .

··c:·, , .. :!:<o.~ '.n··:t: been pr'}vided to, reviewed by, or prepared by or for the "·'' '.,.. ·,n 1 <,_ :L ·:-y•:::ni s or tangible th,ings may properly be sought by a request -~

Lr :,:c~ddr;\inn. Do you contend that there was any fa\lure on the part of the

INTEI1H0£;.6I.f2L_';J~;p,_)iL LAW OlTlCC •J:' '~' ;:w;; ''·':: GF.lJBERc PLLC to mi:igate their damages? If your answer is >r '·"''~:·;, iC:d "Yo," please set forjh the following infoimation specifically

anything nlhcr

and in dc:cii:

.\ ·;·,,c,c "'''~ncr m which the LAW OFFICE OF KLEINHANS GRUBER,

PT r (' f,..,;:,.,--1 ~n :--.;it;,.T~Jt"' +)Jct'r damages · o · . " '·-'·-··-.,·_.H._,,";,·.::-·""-"~

2 •.;.,, ''"!'• ·:cc' ''"'"i!l•: n~tion that the LAW OFFICE OF KLEiNHANS GRUBER,.

iJt.j_.~~ :·~~w;)!.·i tr_.,.,.,, f8.~<<:n tc mitigate or their damages:·

- - ........ ,___ .. - ,. .. , ... -----------~-'-'--'-----~---....::.C. LAW OFI-Ilil:. Ol' KU:li<hAN.'; (;RUliSR. PLLC V. LEVI MORIN PAGE 8 OF 10 · .

··• t".· . .:· ·, ·: . '. ,•·,, ·,. :· ~ . :.t.•" .... -::'.·' . : . .. · . .'·

INTEB,\~9_\-;_i\} _(JHY)'I•!)_. U, Pursuant ~o Rule 192.3(b) of the Texas Rules of Civil

ProccULo1.:: i ::-~:·;..se!J..~_;g .')10:)'--· mdUer,v exemptfrom~:dis_closure by privilege, as to whiCh this question

does not apply), rcquc:slJS m2de 1hat you describ~ and Indicate the nature of any existing document

or tangible it~m which mav constitute or contain matters relevant to the subject matter of this action,

further indicating tile custodian and locati.on if the items are not within your possession, custody or

control. ..

INTEI<l~!)~)hT.~,mX __ Nj:l,_cL You contend that Your Yelp review of LAW OFFICE OF

KLEIN:-1-'\ '<S (,!z;_;BLR. PI LC contained statements of truth, substantial truth !lJ1d/or opinion,

for each ::;t;tk:rn2m L~);ltaiiicC~ in Lhe Yelp review; list under the category you allege the statement

falls imc.

/\. Truth. If you have ever been convicted of a felony or a crime

INTE'fl!_t_~!(_iA.l.£!11_\'Jif),)J_, involv'.n: 0 -,,._,·._,.', ,._,_ p)i• ><k. :;\,'.h'. \h~ ·nature of the charge and the date and place of arrest and

convic:co;; .. \c.: T2:. rz. E-.·id -'0".-(a)(I)(B), 609(a).

INTERROCAIC:E)' N(l,_lj, For each document produced in response to First Request \ I '"'' W! i'L identify which responsive Request for Production number(s)

for Prr,d!icc. ,,., i<· !

?~ .. ~· .... · ..

-:-.>· _. ·,:. :.::;(:· . ~~--- LAW Oi·i'i!:'\'. c:;;c K:Yi'iH,\>;:, GRUBER, PLLC v .. LEVJMORIN.

FIRST SET C•:- :'", ~~ •_;;r:<;.•:i\:.'RiE~- 1f.1 LEVl MORlN ·' .

.. ,. ~-: .. VERIFICATION *42 §

COUNTY OF §

- - - - - ' after being duly sworn, states: that she i·; c;hwc tik <:gc ccf J g years and is competent in all respects to make this affidavit; that he

has carefully reviewed the attached answers to "FIRST SET OF INTERROGATORIES TO LEVl

MORJN'. ,;,,; ^[1] v: h:>s pcr<cmll knowledge of the matters, facts and information contained in _and

comprisin~~~ :<1id ;tr,:;-.,'"-':;..~r:>: rwd thai all of th6 matters, facts, jnfonnation and answers contained

LEVI MORIN SUBSCRIBED AND SWOR1'1 TO BEFORE ME, by LEVI MORIN, on this----.,.,

. 201

NOTARY PUBLIC in and for the State of Texas '

My Commission expires: - .. .. :.· ; :· - - - - - - - - ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - ' - - - " : . . _ - ' " - , -__ ~ _ ___.:c;_;__--'--- LAW OFF!( F. OF KLUNHANo lJII.UBER, PLLC V. LEVI MORIN · PAGE 10 on,o . FIRST SET ,y: !;-. rr.RROG.-\T()RIES TO LEV: MORIN

.: .. \ - ..... . CAVSE NO. D-1-GN-14-003874 *43 LA\V OFF5Ci( OF § IN THE DISTRICT COURT

KLEINHANS GRUBER, PLLC, § §

Phdntiff.

v. § 201'' JUDICIAL DISTRICT

LEVI rviORli\~ §

Deft .. ndaH~. § TRAVIS COUNTY, TEXAS·

;<'lEST l?EOUEST FOR PRODUCTION TO LEVI MORIN i.::•:; \·lORlN, by and through their attorney of record, Leif Olsen, 4830 Wilson Road, To:

Suite 300. Humble, Texas 77396.

COTvT:~ "iOW. L/\ \\" OH"JCE OF KLEINHANS GRUBER, PLLC, Plaintiff, and serves

LEVi MO\':L\. L·c,,·.n,hnc ~eid> >his First Rcqaest for Production pursuant to Tex. R. Civ. P. 196.

Your re;p;m:;cs to ;his First Request for Production are to be preceded by the particular Request

for Production to which the response pertains. You are to serve your responses and objections, if

any, upc•:, L. \ \';' Of"f ICE CF K"LElNHANS GRUBER, PLLC w;ithin thirty (30) days ilfter you

receive tllc::c· '"·''"·""'"Y :cq;:cst:; <tl the office of LAW OFFICE OF KLEINHANS GRUBER,

You an:: <.H .. h ;;;cd ri-;8.\ :n1 ;;~,,asive or incomplete response is to be treated as a failure to

respond. \'uu ..irt :;:::.p~ct,:::.·; lc :.uppkment your responses in accordB;nce with Tex. R. Civ~ P.

193. If yx: l2i! ;_,) \>{',y(_d ;:,,, Ui(':i(: discovery requests as set forth above and in accordance with

Tex. R. c:n. l'. i 96, LAV/ OFFICE OF KLEINHANS GRUBER, PLLC, by and through their

attorney ui" lt:e<)rci, mco.y move: i(l!· sanctions against you pursuant to Tex. R. Civ. P. 215.

,. · . ; ...... - . ': '· .· LAW OFfJCE ()F K.LEE,;I·iA(~S CP..UBER, PLLC V. LEVI MORJN

,fiRSTRHY.:!:?.T r;cY, P?r·,uu::·-nnt.; ·10 LEVI 'MORIN PAGi;J OF7

. -·· . - ..

Exhibit B - Page 031 Respectfully submitted, *44 Respectfully submitted, LAW OFFICE OF KG, PLLC ATTORNEYS FOR PLAINTIFF By: -::-:--:-P.>f::.CC::-':'-:--------- Kimb I . Kleinhans r No. 24062755 kim@lawofficeofkg.com Keith L. Kleinhans Texas Bar No. 24065565 keith@lawofficeofkg.com 700 Lavaca, Ste, 1400 Austin, TX 78701 Telephone: 512.961.8512 Facsimile: 512.623.7320 ' . ... ,. '· . ~ ··. =-~j ::~. ·-· .. ·

CERTIFICATE OF SERVICE ..

l certify t!"'t a true copy of the above was served on each attorney of record or piuty in

aceordancc w;t:1 <he: Tcxes Rules of Civil Procedure on the 28'h day of October, 20.Jll·•:.'\·· .

. ' :- LeifOison

4830 Wilson Road, Suite 300

Humble: Tex;l:~ 77~~96

Telephone Number: 28J.g49.83~2

Facsimile: ;~CJ Fa;-,:. t~urnbc.r 1·.;.-:\st-:;

Email: I{~;r:-~:,;l . .:.o:ui"lpeal~--cDin

VIA Cl\'U:.:;_H.R# '/U ~J ~:.25:) OUUi 3659 4138

AND Ei\IAJL

Kimberly .·'·

Keith L. K · ... --~-------·-·· -- ---------···-·· --------'---------------~ LAW OF!:fC1: ~)!: Kl.i~-1>-!HA:NS C:RU!-~ER, PLLCV. LEVI MORJN

FIRST REQUEST F•Jt< f)l\OOUCTI0:-1 '!\ 1 LEVi MORIN. PAGE20F7

·~· . .-· ..

· ... · DEFINITIONS *45 t" :.sed heroin, the following terms are defined as follows: a. ··J>!e>inttit' <~'t"J:S L.\ W C>FFlCE Of KLEINHANS GRUBER, PLLC and all other natural persons

or business or legal entities acting or purporting to act for or oh her behalf.

b. "Deh,d<cnt" means LEVI MORIN, and all other natural persons or business or legal entities acting

or purpcrtlng :_o act CrJr ~H on behalf of Defendant.

c. 'ln•:.i:kn<" •rr '\'elf• ,.,;vie~'/' as that word is used herein refers to the June 24, 2014 posting by

LE\'I1·-,,fORJ:-.J on <.Hi iu<ernet website called Yelp. ·

d. ··rerso11'·' means any natura! person, any business, a legal or governmental entity, or an association.

e. ··occupation" means a fuil, accurate and complete description of the nature, type, title and

employment earned on by the person inquired about; the name and address of their employer; and,

the dai.e(s) such occupation began and tenninated. ''i locurnent" m~nn> .;.nyiid;~g •vhich may be considered to be a document or tangible_thing within

the mca,,ie<[: of TEX. R. CIV. P. 193 and means the original, or any copy if tlie original is not

a\·.:j~.,\l<L'" c~: ':;rilin\,.; :-nJ t;mgib!e things of every kiild and description, and includes, but is not

limi1c-:i to, any drmvirig. graph ^[1] photograph, film, video, phone r~cord, report, minutes, transcript,

mcrnc~randun1. note3, j;)t!!ngs, paper, -letter, correspondenc~, communicatiOri; invoice, contract,

cheek, c!wck stub. "''counting iedger, chart, map, plat, tape, disk, card, wire and any other.

e!cctrc-nic, n~-a~£>tic or ;r,ce[mnical recording or transcript of any other inst11:1ment or device which

conuins any infOrmatiun or H"om which any infonnati6n can· be derived· or retrieyed. ·The tenn ·

··dcL~·t<;-;-,l'::i!'' --,1.-:c• ir,--::1\.v::_::; c(<pie:; containing any information in addition to or in any waY different

from th:;t :.:oni.~1ir~ed ;n :·~r n1: th·2 miginal, and aU attachments, enclo·sures or documents affixed. or

r.::fcrTeo tO in any dnn1rnents to be described pursuant to these !equeSts.

g. "Rd;.nin!~,- means c.on&ming, referring, describing, ~videncing, or constituting, directly or

imlirccil~.:. ..~urcn:c11t' mcan·i ··"':-· wcittete or grapl1ic state;nents signed or otherwise adapted or approved .by · ·

the f:'er:;on making it, and any stenographic, mechanical) electrical -or other recording or

1LFbcnvinn lhcrcr:f, ·,\-\",i,:-h is a substantiaJly verbatim recital of an oral statemen~ by th!! person

m·1kmg it a~d c-')ntr:mptxmwously recorded. ·

i. "A r;d'' ;:.nd '\Jr" sl:c.t!lci b~ constnted a" both conjunctive and disjunCtive as. fiecessary to bring

'~-·ittoin tli~: scope of thr- di::covery request all response that might otherwise ·be· Construed tg _be:

0\JI:-;ide v,' iL SCC!:'i!.

·• "C'Y'u;Ju--rit:ntic-::;·· ;L:::.·--~:; 1n~ transmissiOn or exchange of informatiOn betv-;een,_ty.vo 'or more k. •Jr ;., .,,,,·iting, through any document; as defined above, and' includes,· withoUt

'"" ''-''''· iin!i;.;;; i01i, <ln y c·:JJl'.· :.;!.S;:li(:ti t)t discussions. whether face-to-face, via telephone lin~s- Or dat_a lin_es. ·

'··,: LAW OFFJt~F (Ji; KU~iNI-iAi<~i c;-:_LBEK PLLC V. LEVI ~V.iORIN

FIRST RE(:! · F~·r F·:lR ~ ^[1] RnL·,:_<CTl;Y, ^[1] ;\) LEVI :\·IORJN PAGE3 OF7 ·

::. BfJ)UEST FOR PRODUCTION *46 REC UEt;'(_t~~L- 1, .'\L ., .·i:vcn ii:pcr:s or other documentation concerning all factual

observmi•:>nr,. :;upp•.•;·cing da•.•:t, c:dcu!ations, photographs and opinions of each such expert who

may tesrii~Y Hr"i cf any c<J•tscdting experts whose work product has been reviewed by an expert

who m;n· le<il'::, icc!udinc; rut not limited to any reports prepared by or under the direction of

such persoE. including any r,2cording or transcripts of any o_ral report.

. - .. REOUL:LL~~-~-;::.:.:.!:. F:·l'..:h ,;~-d ~'!\'~ry vvritten Statement or Document in your possession

conc~r~; u;:; ""' h;.:;d,:.c-.c ''''" ','C.J aiJ,,gc :;up ports your allegations you're your Yelp review was

true or sul :::-Ln! i;d ::·' : (:.:.::..

REOm;~':iTJ~~J_,},. Copies of ony and ali revieirs of LAW OFFICE OF KLEINHANS

GRUHi i;. • '.: .• ',,, '"·' cucc;«:·. ul' iJ,W OFFICE OF KLEINHANS GRUBER,PLLC posted

online. by '{•:·t.!.

REOT.llif.T_£'!! •. :,.:1, CP;~i<OHJ(1tw correspondence betwe!ln '{ou and Yelp concerning you~·

Yelp r~-- '~''' u!' i !·.'N Of"fCE OF f.LElNfL'\.NS GRUBER;:PLLC.

' . REQUf)iiJ~~i?~.~'-' ;\\!Documents referenced in your Responses to First Set of Interrogatories

to LEVI :vi0Rii<

,. •. ' REQlJ_&"'i:X.J.:!..Q,__§, Copie·; of any and all postings made about LAW OFFICE OF

KLE!Nl-ii\(;3 <iiZUBf:'R, PLLC ^[011] Facebook, MySpace, Twitter, Friendster, Orkut, Hi5;

Meet Up u1rn_ (;oogic + .. Linked in or any other social media site.

REQT,!]:;i_U:is;:,L Al! ':mai!s in your possession to or from LAW OFFICE C>FKLEINHANS · ·.

GRU BEF. '' U C lhi1 supp '"" v,,,. responses to Interrogatory No. ?.subparts A through L ..... ·-- -- -~·- ·----~~-::-::-:--:-:::~. ;-::-::--::--~----c--'----'---,-~~---

LAW OFFtC\3.0!' ;,uo:NHJ\NS LiRl!BER,PLLCV.LEVI MORiN :'. 'J \-_! i\JORTN PAGE40F7 *47 \ •: r'' -: ci·.:Jl :nodels, and alf other exhibits that may be used at trial by any

REQLY:ccL ·cf.},_iJ.

witnes~.

·\ l! cbwments you may use as demonstrative aids at trial. REOUFs·; .V::c_J..IL id thcuments concerning apy alleged criminal violation committed by

LEVI iVFlFJ~:.

REOlJE{iLi~Q,.lL. 1\ii p•:blished treatises, periodicals or pamphlets on the subject of hiStory, medici"" c>r .:-iher scic:H:.: ,,,. <:n dmt you claim to be areliable authority which may be used at

the timL '< :_! •:,:

REQl!_EbT_.'i~i. ,'.,.';., An:. end ail Documents which you contend demonstrate that LEVI

MORif'. >.v:;~- u_,_, n'::gligcn1.

REOU( . .0.i..c:•.•z,j)~ ,\c: ad nil documents and things prepared by, shown to, relied upon, ; ·.' i;".VV.i hv nny (act Witness Or testifying expert WitneSS in preparation for Or

referred i ;' i ;:; "

while S;V;~,-~~ ^[1] , k.·--t_ir;l._Hty ;L ;_hi;~ CDS:.:.!.

RE0l'l<5L!'''-~.L~~ l'ie<>.r;(: orofluce copies of any letter, e-mail, text message or other wdtten or

electron·. '·"' ''' :;;;;c::ti·.:<> ,,;· '-'lY type rbat you have received or read from anyone (excepting

only y: >:: · .·r: , .. ·.-:y .;c •:;: ~' •rJ•r:lev' <: s:aff) that describes or mentions 'the Incident.

LAW OFciCF '·''' ;:,' .l'lNH.·\?-"i UUHJER, PLLC V. LEVI MORIN FlRST RF)l.._i"-:~T '-<>;{ ?~:()l)lj~_] FjN jfJ LEVJ !V10RIN PAGE50F7 ··:·.

.;',; REOU !':-:·r '!0 b. Pkose produce any invo!ce and/or bill reflecting LEVI MORIN's attorney

fees forth\ :;r:i.\\:~;'uii.

REOl!lCiU.':i!l.':: i'k•><c- produce the attorney fee contract that LEVI MORIN signed with

The ()by,;-;, •:. i" .u:.

REOli)·">~L.\\.U.L ;\copy of ;uJy and all documents evidencing, identifying, and((O)r relating to any time spent, w<y·i; p ,rform,,d, and/or expenses incurred by LEVI MORIN's attorneys on the

abov'' r:· ''" ,,,,,,.,! :me! curnbcred cause, including but not limited to time slips, invoices, journal

entries,'·''-!'''''"' ··ccr-•jr(•,, link reports and daily diary entries.

. ' . RE0\.1\•.,:-:; ~;e.':._Ll.:C A wp;· c;· ,,,j,y and all docu!l1ents evidencing payment for' attorney fees to

The Gi:,:.llt Firnt, PLLC.

REOlJL'::L:'''' ·• /1•1> ''"'.!a!! tape recordings 'in possession of LEVI MORIN that pertain to

any issu,~:-: '~~ Hti~ ;:_:-~_~:.-_-.

REQli\',::i:.\ .. :~:_Q __ In, ,\ny and a!! calendars, diaries or other written logs of LEVI MORIN that.

pertain 1.c ,::t-l:·-' i:;sJ;~s ::l Ll:!~; ctse

REOlU~.::iJ .. >~O?__ll,_ ;\ny :md all Documents that support the allegation in Your Yelp review

that, -~v.~u \.v-i1 ~Y.: ;:;~)in::; :.k" majority of the work." ;.: i~: •:-:! '·'·"' ; •iil.'JliE.R, PLLC V. LEVI MORIN

LAW OF; •c;, i.

fiRST i<J=)> :-:~;T (. H: p:;(;!Jd_"f!l :<·:··;.)LEVI MORIN PAGE60F7 . ' Page: 1 Record Report

Jate: 02/15/2015 L.D...VV OFFICE OF KLEINHANS GRUBER, PLLC Value Field ~~=>~----------------

Record Type

Date I: ti:OO AM

Time *49 0 00:00

Duration u Status

Description 1 <!0184.00

Client ID

Contact

User ID KG R

SenUReceived Kimberly A. Gruber, Esq. <kim@lawofficeofkg.com>

To/From

Subject Fwd: Offer declined; potential hearing dates

Spoke With N

Returned Call ;~

Left Message N \j

Voice Message

First Date mrn/dd/yyyy

Last Date rnm/dd/yyyy '11-.-mm:ss Alvl

First Time

Last Time !1h:mm:ss AM

Duration

Research URL

Research File

E-mail Body ---------- Forwarded message----------

Frorn: Kimberly A. Gruber, Esq. <kim@lawofficeofkg.com> Date: Man, Jan 5, 2015 at 11:26 AM .Subject: Re: Offer declined; potential hearing dates To: Leif Olson <leif@olsonappeals.com> ·~eif-

' hope you had a good holiday.

N2 a:e still in the process of moving offices and in addition I am '"igt1ific:;;ntly decreasing my hours in the offices to care for our daughter and our son on the way (one of the primary reasons amoungst other personal reasons that we need to nonsuit this case). However, if you are ·;oing to push forward and make us present these facts to a judge, despite ·::lur :'lgreernent to nonsuit, we will need discovery. :Cic;;c;sro advir,e whether you are in agreement to answer the discovery that vias served on you nearly 45 days ago, and if so, by what date you will be answering the discovery and physically providing us production (this is the 'jz,te you will physically have the production in the office NOT a date you will respond that we can send a copy service to Dallas). Additionally, we i!ii! n;eeci a hearing on our Notice of Nonsuit (and discovery or discovery ddidencies, if necessary). This hearing will need to be set prior to your ·e~11e:oted Sf)tting on a date about whether . . - . - ·-- · - - - - - - - - - - - - am e: 02/15/2015 Page: 2 '~scord Report

iii~. ~ ::-L .. t: '.)F KLEiNHANS GRUBER, PLLC ····~-------------------------- d

·:;,.aJv, i arn still waiting on you to provide the documents that you told me ;·. :; 'i.'uuiti prnvide relating to the bar complaint filed by Levi Morin against ·: .i::<li and Michael Seigler. Please let me know when I can expect *50 )

)ate: 02/15/2015 Page: 1 Record Report

LAVJ , ;n IC:'. OF KLEiNHANS GRUBER, PLLC .. - · - - - - - - - - - - - - - - - - - - - - - - - - - - - - - h: '"-'' ~ield - - - - - - - ----------------- - ~ecord Type c),_,:;:sr2o10

)ate 0/_:0b:OO PM

rime *51 C.!:OC.:DO

Duration cl

Status

Description ::,:dl witll opposing counsel and email about settings/discovery.

81ient ID

8ontact <J!:;en/Lief

User ID

Sent/Received

To/From 'eit{Y~~·,!s·:Jn2pr.eals.com __ , ._, :::r';,_-e KG, PLLC v. Morin- Settings

Subject

Spoke With

Returned Call

Left Message \ i

Voice Message ;;i t"(u'dd/yyyy

First Date :r: iT!irjd/yyyy

Last Date :-:h:l·,-ir:';:ss AM

First Time :-h.rnrn:ss AM

Last Time

Duration

Research URL

Research File

E-mail Body

cur discussion today, in reviewing emails, I noticed that I am still '-' ·,ic;r:u '-•r you to let me know when you will get us discovery responses ·,,"cJ j:•rov'de me with the complaints that Levi Morin filed on myself and :-;',.:.haei Seigler) so I know whether I need to set a Motion to :::crnpei!Motion for Discovery along with our Motion to Determine ·~c;:s:::t::::nike Any Future Setting and in alt to Revoke Notice of Nonsuit ""''-,.,·:c\<i this motion may end up being called, we discussed this as ',',+~!!).

- .::c::n 'lS you get me dates when I will have discovery responses, I can '---!, nt l':c> :.alendar to see the workload that I have at that time and to ''' ·:·: '"'"' !>ow long it will take me to review the discovery and allow me ··· :·,: ··::!-, :im-.oo to draft a Motion to Compel if needed prior to the settings on ): : :-.;:!)tio;J to Compel/Motion for Discovery along with our Motion to ) -.:-:: ::·.!::e i'ionsuit/Strike Any Future Setting and in alt to Revoke Notice am Sunday _______ .._ __ ~-~----,,~-->,;."t,!O:l.<t-''"'&>::LI='IU-';'~--~------------------ Kim Kleinhans a eals.com>

From: Lei'(\!--~~ <''-"if(o)o! Friday. h::bruarv 13, 2015 7:38 P

Sent: Kirr>· !; Vir':::hans Gruber (kim@lawofficeofkg.com)

To:

Subject: KG ·I i\i\onn: Discovery; hearings

Attachments: 1 SU < 3Yre-motion disco resps.pdf; Morin0001-Morin0014.pdf; 1 50213.NOH on TCPA

mojci·1.pdf

JournaiPM:

1. I believe that I told you over the phone a while ago that the disciplinary counsel's

office destroyed the file as part of their· file-retention policy. (I may be confusing that

with a discussion I was havincJ vvith someone else on an unrelated bar-association

event.) Levi doesn't have a copy.

2. My position on discovery h.•Jsn't changed: I don't think you're entitled to it. When we

spoke over the phone, you 'Nel·en't willing to limit your requests or identify the ones that

you thought most important. So l put together responses that appear to address the

arguments that wil! comfc u:: :t c h.o·"lring on the motion to dismiss. They're attached.

You should also be getting en e·s,?Tved copy.

3. And, speaking of the heari,:g: The absolute drop-dead date for the court to hear the

motion to dismiss is Thursday, February 26, so I've set a hearing for that morning. That

will leave you with no time for· discovery even if the judge thinks you deserve it. I can

reset the hearing for somettn·H:: neO<t week, which would give you at least a bit of time. I

would prefer to have ti1e he;, ::·:0 next Thursday, anyway, but according to your

amended vacation letter, yuu'ii c:iceady oe out of town. If you would rather have the

chance to see the judge befr)t-~' the hearing deadline, I'll reset it for Tuesday (whichever

of a.m. or p.rn. you prefer).:: !ei: rne knovv.

LEIF A. OLSU''

BOAIWCEnTIF/F.I'. t. ~~- n -~L •.;_; .-u:· 1: ·,\'

THE OLSON FIF)L !'!.f..(.:

LEIF@OI..SONAPL!~c\.!,5[!.}!,1

(281) 849-8.l82

PMB ISS • 483C•\V;is,.,, R•r:~.LS,

Humble. Texas /7l 0 h

No. D-1-GN-14-003874 LAVi 0F!'!CE OF KLEINHANS

GRUEER~ PLLC 201st District Court Travis County, Texas

LEvr MouN

J'l•lc,~:in'_~ Voluntary Pre-dismissal Discovery Responses Dis~o' cry is m ycd because Morin has moved for dismissal under the

Ttxels Ctiz:ns P .. micipation Act. Though it's not required of him, Morin,

in the interest of comity, submits these responses to the discovery requests

lint g:o di r('ctly to lhe issues raised in the motion to dismiss. He doesn't

waive the protection fi·om discovery that the Act gives him.

Bectuse of the stay, there's no need for Morin to object to the firm's

reqLsd3, ,,,,he doc::n·r. But he doesn't waive the right to do so if the court

•fd:::·. J: ;~uc·cry un;lcc t!1e Act or if it denies the motion to dismiss.

!J;;rd F>bnurv 13, 2015.

THE OLSON FIRM, PLLC Is/ Leif A. Olson Leif A. Olson State Bar No. 24032801 leif@olsonappeals.com PMB 188 4830 Wilson Road, Suite 300 Humble, Texas 77396 (281) 849-8382 Certificate of Service On Fd·:·%•·y i:l., 2015, I served this Morin's Voluntary Pre-dismissal Dis

tOl'ti)' Pt.<fi!."!SCS upon the firm's counsel, Kimberly Kleinhans, by electron

ic serviu:.! '""" cmz..ilr:rl ~courtesy copy to kim@lawofficeofkg.com.

Is/ Leif A. Olson Disclosures *54 a. Correct names of the parties.

Tht.:' n:.1mcs ;n the caption are correct.

b. Pntentjaf parties.

None. ;_,~g:<l t\l.ccri es r.ml general factual bases for Morin's claims and de

r::.

fenses.

The finn's claims are barred by the Texas Citizens Participation Act

hccct& the_, :tc bscd on his exercise of his liberty of free speech on a

matter of public cOJv:crn. The firm can't establish each element of its

claims for rdicC through clear and specific evidence, and Morin establishes

detf.nsc:: tu .c:cc:1 ofdw firm's claims by a preponderance of the evidence. !lrr:; cm't cst,,blish each element of its claims because it can't es-

tabli)l f:tbty, def,tmatory effect, malice, or damages. Morin establishes a

cidensc to ::<1cll oi' chc: firm's claims because his statements are true or sub

stanti1ily true ~nd th~y are protected by the interested-communication

pridegc. Tile f.ICcS Jnd legal arguments supporting these assertions are

l\cc:hic:c th~ "bi101 h:Js to be dismissed under the Act, Morin is entitled

'"hi,; lcs;,! kes and w aa additional payment from the firm as a sanction.

d. -~ mnun\' nml met hod of calculating economic damages.

\1orin " emiud co <ecover his legal fees and a payment from the firm

:rnposr:o ''' d sanCliw .. ·;he fees are calculated by multiplying his lawyer's

hou+.- ~'"''' l:y the: r·:~'nnnhle and necessary amount of work his lawyer has

?'.t: ;nl:c· gcr:.ing tk .-:as·: dismissed under the Act. That amount is currently

·1 i1e tlrm doesn't have any damages because it has suffered no reputa

rion;il inj UJ J and lost no business. (Or, in the alternative, it has legally in ,' U 1·!-~ t" i-'· •• ~, '·'Pl. rl .~- ,. , .. "· I •f' '' U;' ;, .lOS''eS )

,} ·--'~" ...... ' - ' " " ~ .... - ·' ~' ....... .> •

1. L.·..:\·. ;\·t,:rtin

'"·· _:C:_c:d·t L;: K:~rtbcriv Kleinhans

·_:, ;•_ :~J ; C\ L-: -ii;.;,;;:, L.c:,, OJJice of Kleinhans Grnberv. Morin Page2 oflS

lvlor!~~~:> \-!Jluntar.,; Responses to Pre-dismissal Discovery

[1] :\/fichaei Siegier

.Scc{md -Fioor

~:{)():) [\)_ ;v;·upac Expressway

,\ l!stin 1 ·rc:xns ;·s731

lvlmin ,; cJr!) expert is his lawyer, LeifOlson, who will testify about the

end 11cC(SSJry legal fees Morin incurred in this case. His re- '·

. ·' ~

''ico'!''·"~~cs to Requests for Admissions :R:.:qu.csl ,(;;· .'\uu,is:·;ion No.1: On or around June 24, 2014 through Au

;.'"''" .; _;, 2C <·', : .. ,,; \\orin's Yelp review was posted online containing a

st«rcmcm: :bat LeVI Iviorin was billed at $400.00 an hour.

Response to Request No. 1: Admitted.

Rec;ac:;t hr ;\dm;ss;<'ll N·o. 2: Law Office of Kleinhans Gruber, PLLC

[1] l-:·:.;nt>H:~~-· to }{cqncst No.2: Admitted . .. ...... ---=:c---,---::---;o----c,.,..-,---:::--~ l·' •\U''' ·.:. Lnr Office of Kleinhans Gruberv. Morin I· Page 3 oflS

!..N · : '''' tn Pre-dismissal Discovery

.\fc.·· " · ,,.

J!.cqw:·;i i;\i· Admission No.3: Levi Morin is in possession of the contract

•virh Lnv Of: icc of Kleinhans Gruber, PLLC.

;r,c.s~c;:s•.: lo Eqncst No.3: Denied.

Req;;e.•:t rv· h.dmission No.4: On or around June 24, 2014 through Au-

,,. • :._,_;' Morin's Yelp review contained false statements

·'.·~:·: r.·.y cr•;,,e of Kleinhans Gruber, PLLC.

;t;:sponse tG H~qL:cst No.4: Denied. It contained one false statement,

· "- •:n ., .. , ... ·· ·" ... i~cb·::r!y Kleinhans's billing rate.

Reqty:s( frrr Adm!f's~o_n. No.5: Levi Morin,s Yelp review contains false

·•: ···•::·nv ''~''"·"'""''Office of Kleinhans Gruber, PLLC.

Reqn~o-1 h: Admisshn No.6: Levi Morin knew that the Yelp review con

' e1ind L;lse st~tcmcnts about Law Office of Kleinhans Gruber, PLLC.

fl.·>Jl•J:!s•:. :•.; i<.•.:qncst No.6: Morin admits that during the span of

·" ... :·"·'' ··• :: '·'"'when Kleinhans told him that he had the wrong '·'"'--:: • ,,,. ,, .. ,~ tlnt•cnded when he deleted the billing rate from the :cv'•::w, :,._. bH·w I hat the billing rate given in the review was false. . :o. ; -;·y\ ""'• i -~

Reones• i;,;· .'lc:litissim-. No.7: Levi Morin posted the Yelp review with

. .,,,.,, io u•y.,, •':oancia! harm to Law Office of Kleinhans Gruber,

i'LLC.

T{esponsc to Rerp:est No.7: Denied. /,.:;:;;i;,;;;i.,,, \/c. 8: Levi Morin posted the Yelp review with

RcqLcs.

:.·:;c .• t :,; "'··'''' rcvJCational harm to Law Office of Kleinhans Gruber,

((espomes to Requests for Production Re0•••:< :<:: 1\·.,,,,ui:lic . ., No.1: All written reports or other documenta

, :,,, c:"··r:u•·i ··c- "" fnct11ai observations, supporting data, calculations, "• ··mi0ns of each such expert who may testifY and of

· '" : •. <" ·

·: .·.1· ,., ,;,;,:]<:in; ''""errs whose work product has been reviewed by an Page 4 oflS •.;: .: :.: •:C.'.f• :•:. r_,,,_. Office of Kleinhans Gruberv. Morin

C:"" "'

\"lor!•; ·~ ·(_,;'n:o·;·, i<t::-T·C:·:··s.::s to Pre-dismissal Discovery

::'•-1-'t:f:C o,,·iH• tnay Lc>tify, including but not limited tO any reports pre

,Odi"t.J ,,., 01 undc.:· ci1c direction of such person, including any recording

,;r t1 <\n-~cril)"i::~ ,~;: ~-':'::: nral report.

Kct;u.:•;; Prorillcinn No.2: Each and every written Statement or

: Joc>n<t·:n m ',Cur f!Osscssion concerning the Incident that you allege

::i.kgJtior.s you're your [sic] Yelp review was true or sub- .·-;: 0'0. 2: The Act doesn't entitle the firm to this :,.~ Nn. 3: Copies of any and all reviews of Law Of- • ce ·· ·• · .. : • • G n.• her, PLLC or any attorney of Law Office of

·· .. iei:dL•::: G•·ubc. ^[0] LLC posted online by You .

. •·.ecL<:S': ;, •.. ,. P:·:;,hc!;•in No.4: Copies of any correspondence between

•'•'··' '(:L· ·:••n:· :n·,in:; your Yelp review of Law Office of Kleinhans Y~eqLc~; .. :c-!_· ?:-·c·'-~~u.:::·~J\:.·.:-~ No.5: All Documents referenced In your Re- ,;t !•ln. 5: MorinOOOl-0014.

Req: t·~s·• ~·or P•·obnkn No. 6: Copies of any and all postings made about

L<1w Oi:'ict: n( v; ten hans Gruber, PLLC on Facebook, MySpace, Twit

: .... :d,::c,, . '! i<H, HiS, MeetUp.com, Google+, Linkedln or any · . :·•· ·••· '.•. ·:·.-:·•: · ·"'' )\;,., 6: See F.esponse to Request No.2.

Req;wst !'<:>;· Prr>d·J.ct>o•l No.7: All emails in your possession to or from

L:m Cnilc.: •if l<-icmhans Gruber, PLLC that support Your responses to

·• :.d:>J •.·;ts A through I.

!'···. ,.,,. . .,, · · >:·. ·:"'No.7: See Response to Request No. 2 and An

··e, .. ''!':~;''./ \'{Q.:....;1

Casl ,~; · Page 5 oflS · · ' ·" . : ·. "'' 0/Tice of Kleinhans Gmber v. Morin to Pre·dismissal Discovery

,;\.foJ;:1.s \·, ., .... ,-,, No, 8: All physical models, and all other exhibits

Req·-·o' ~'" '''''''d '"trial by any witness,

· ha! ,.,.

·'·'>' " No.9: All documents you may use as demonstra- ·: ~; .. ~ ,>· , -<-=.; __ ,._;:::t ~<o. 9: See Response to Request No.2. ::=::.cc .t.~s: No. 10: All documents concerning any alleged

crirnin;_lj ~:in!21:ion conunitted by Levi Morin.

;;.c,,\H>Hsc ,,,_, h<qwcst No. 10: See Response to Request No, 2,

Reqnest >'pr· Pny'•Jction No. 11: All published treatises, periodicals or

•'tHnphkts qn the subject of history, medicine or other science or art a reliable authority which may be used at the time

•nt v•·•.• '· 'n; •o · •. ,:•. :·.:o. n: See Response to Request No, 2, l:;·. ;1,' ·_ N•). 12: Any and all Documents which you con- . . . 'M . I' ·u:no uc::r!101'SiTa~t. thar Levi onn was not neg tgent.

i"i;;;,::;:;;::;c ·.: :; .:q :•·:;;t No. 12: See Response to Request No.2. P;·p,:.,~,,;,-;n No. 13: Any and all documents and things pre-

Rcqw:c.:: , shnvm to, relied upon, referred to and/or reviewed by any fact

:··~ red

·'""'•c:-.• or :r:::::·y>r; expert witness in preparation for or while giving

~,;,,., !3: See Response to Request No. 2. '?.t.'l." :p<:: · ,,, ''"'-". ,_,,,-•>·:• No. 14: Please produce copies of any letter, e

··vii. '\i ''''"''·"'''·· •.!r otha written or electronic communication of any

.,_ '"' ::• •· ,,., •·e·~::ived or read from anyone (excepting only your

,; , :.•ncy's staff) that describes or mentions the Inci- dent.

:\.C.'Y· ;se "' Tccqc«:st No. 14: See Response to Request No.2.

i1cc:•x•;,, ·" 2· "'··"','·''' ;\;,;, 15: Please produce any invoice and/or bill ':h:·in 's attorney fees for this lawsuit.

"''" I ··r:. ,,. !. '. ,., :l(fce of Kleinhans Gmberv. Morin Page6 oflS t1; Pre-dismissal Discovery Kec:.-,,_,_•,t · ,.:,· P,·,,_ c•.c·,·iml No. 16: Please produce the attorney fee contract

''' : · ; \; ,, ·,, \if;':':d with The Olson Firm, PLLC.

"~"'·" "'"' '" '"'.:·G:•cst No. 16: Morin0001-0004. h·oc:nc~_inn No. 17: A copy of any and all documents evi-

'Zec:<'''

.. '-'" '' .. ;,:-_, ,,,., ,;·t, ond/or relating to any time spent, work per ' ·~··nsc·s incurred by Levi Morin's attorneys on the

,,··

· :•c! ,.umbered cause, including but not limited to :iml' ,:;!'ps, i;;•:oic?s, journal entries, expense reports, time reports and

... ·< :;;l :•To. 17: To the extent this information can't be '"'- ,-,..,,-,, .. -,,,rin:JOOS-12, see Response to Request No.2. dr:n•:ir::: pJvmcnt for attorney fees to The Olson Firm, PLLC.

•:c:; :·''·"'~'.l'-'St No. 18: Payments are reflected in the bills, \) ···~1~nnr: :~--·O~: l~. Otherwise, see Response to Request No. 2. Req:w.st fen· 'Pror'uctir>n No. 19: Any and all tape recordings in possession

. :!1:1- .,..,t r?.in to any issues in this case. ·:;"·''i''·'"'·'~ '·" lZ;;.qncst No. 19: See Response to Reguest No.2.

Rcquc;:; !;,.- l'.-,";,Juion No. 20: Any and all calendars, diaries or other

· : .. '. 1: iv! orin that pertain to any issues in this case -''· -,.,,, '· ' \ ''F''''t No. 20: See Response to Reguest No. 2. Req.,<:s! i'(>r P:·oouctior, No. 21: Any and all Documents that support the

,.,-, '" '-'c:'p review that, "You will be doing the majority of .:·:sl No. 21: See Response to Request No.2. -'"· ·-· "" No. 22: Any and all Documents that support the ,,. ·"''' y·;!p re\'iew that, "her legal counsel consists of her ii.co:,v.'""'-', ~ :;· r:L;Vc!:t No. 22: See Response to Request No.2. : -~- (~~-,~-.!;~·.,_ !,::J.~ c)~.Ji'ce of Kleinhans Gruberv. Morin

Cast C~ : -C Page 7 oflS '

ro Pre-dismissal Discovery Rec:.1•:•: 'c,.,· ?: ·•:..".u:t!nn No. 23: Any and all Documents that support the

':C·f8''' r > L:L' \eip review that, "her legal counsel consist of ...

hu:c;' ""'·"· '"sociates to court dates." :.c:;·.>:.:. "'" :_,, :.' .. c·qc.er;t Nu. 23: See Response to Request No.2.

Rec;:t~''' ~;,,. p,·oduu.>on No. 24: Any and all Documents that support the

·dk!:.a:ic.n in ·.:our Yelp review that, "As well as doing almost nothing

'"" • 1'.: : ·, th· '-" ;i!'leading me through an overly complex legal system '"'': ::.;krst:.md what's going on within it."

,, ~o. 24: See Response to Request No. 2. · • 'e. ;;:,x • ... ·, .. c·.:.:;-: ·.":'.·._.,, Xo. 25: Any and all Documents that support the

:;1: 1 ·: ··,·,·n::· '(:!D r•;view that," ... she does not even know the ba- ' ,. ; >.;; · · · :;!,,_ -:;',~_jnJs to specialize in."

:.i ''''· ,, • ,,., · , i< ,·,'i''''"t No. 25: See Response to Request No. 2.

Reqnes' inr Prccucccm No. 26: Any and all Documents that support the

··'~··:J::.,, i:· \' .• , .... "eli' review that, "She told me to call the police and

•hat ·"'·' '"c•::ld r:c:.k mv ex give me my son for our court appointed

'""'' ·"". "io. 26: See Response to Request No. 2. Re.:;::""'' co•· '"···:".:x::•C•'.l No. 27: Any and all Documents that support the

·.-.''e;·::· :.,,. :.•1 .,.,1n YeiD review that Kimberly Kleinhans gave, "shitty ..

i :· .. ':~-, :_ ~ .' ~ '· ·1 C'

· :<:,;\ No. 27: See Response to Request No. 2. Rerycc:: "'" Prnc 'Krkn No. 28: Any and all Documents that support the

Y.·i<J review that that Law Office of Kleinhans :.:1iled to, "set your case up for success later." ':<i No. 28: See Response to Request No.2. .; ';r . S''!, ·,,.,, Office of Kleinhans Grnberv. Morin Page 8 oflS 1\'Ior: t·s \·()·:-~~Hen\' j:_~,.:::-_:::J(_d>Scs to Pre-dismissal Discovery

Answers to Interrogatories ' uf these interrogatories make them total more than *61 1 ^[1] 10.7. Because discovery is stayed, that's currently bnt !\iocin will object if the stay is lifted or the motion to not n1

intc:-rn·;:c'"'·)· '·in. ! · ';;,re whether or not You have:

··:nd diligent search of all related documents, books, n·c '1100, photos and writings within your possession or 1.mdnr ':m;: wntro!, in order to obtain information with respect : u ' . ;: s "' cl im1. If not, please explain why not.

md diligent inquiry of your employees, friends, rel ,,.,J I nose persons available to assist you in order to ob .. n .. ,. ;.;·: :J.:irn with respect to this action. If not, please ex- ,.,,,.," ., io ^[1] nicrrngntory No. I: The Act doesn't require this or enti

r1c · '"' '''T'. to rhis information yet.

Int<x: ::,•.: ·· ·;·; "'" :··;:,,,,,your full name, date of birth, address and oc- ··: '''' : ,.i1e name, address, occupation and relationship to

., :'• r:

r'c,.: rm I'' :;:~.ividual who assisted the answering of these inter-

\ns···''"' U> inte!'mgatory No.2: LeifOlson helped. '>. :~: '"'·'EC list all social networking websites, blogs, fo-

>;;,;( .. ,

·;:,···,. .,,. ch•• ···c·nm~, i11Cluding but not limited to Facebook, MySpace,

•.Her. Orkut, HiS, MeetUp.com, Google+, or Linkedln, "' ··:·;•. ': ··'I"' kvc ever posted created or currently maintain a profile or ·:Tm<' ''" i;:cbding, but not limited to, those that contained or

"'·'

cr~·;i i :r !j': c.:: '·:L :-ri~::-;s~~gcs, instant messages, updates, wall posts, emails,

.... ""'' ,.,., +··, ,:::•HIS messages or other information related to the

'·'"'F.,. made the basis of this lawsuit .

. ... , ·· .. , 'c ' ,., .. ,.,.,, ::>tnry No.3: See Answer to Interrogatory No.1.

Jntc:·;o,.··; •:. 'ry[<;.,. ·f: Y<.:·.:•.r :mswer denies the allegations contained in

rc1.<li<'lii' '·; Ck;;ino.l Petition. Are you, or any agents or persons acting

,,., v•>.: '·. ••w·•><! of any fact, observation, document, or item of ev-

' h.1•, ^[1] (1ircctly -.cr or indirectly, supports your denial or other- . . · - · · - · · - - - - - - - - - - , - - - - , - - - - - , - - C.asr '' : 1 . · . . • ·'"r:c:\o·,, !.md).flice of Kleinhans Gruber v. Morin Page 9 oflS

;\ior::.,··.; ·,,;; '1!:.1'.''>' f',:s:)fJ!1'lCs tn Pre-dismissal Discovery

allc:;ations of the Plaintiff? If your answer is any- ,, '"' nnqualified "No," then for each and every such *62 ',, ;<;;,,:ument, and item of evidence, please set forth the cksciption of the fact, observation, document, or <Lr of cv;dence, setting forth names, dates, times, places and '"''", inic;rm:Jtion that might assist in the identification and --.,~_-;\J; 1~f: hL :mbject information '' , ! ·;,,, ,,, '1"',', "ddress, telephone number or other means ofidenti ''"" i(;·, ui' each person who has possession or first hand the subject fact, observation, document, or item J ;; 1,\: •> ... ctnc that person's relationship to the parties herein. nr manner by which you obtained knowledge of 'n!iJrm,:tion, setting forth names, dates, times, places and r'et;:ils that relate to the manner in, which you ob- ,:rr: :;;incd :_;ucl: knovvledge.

)), :[' ;he: ,,u:li•:ct information is documentary, will you please, ''"'' h'lt<l " :notion to produce, attach a copy to your answers to c "' •.,,., : n 'n;n·,·ylr,tory No.4: See Answer to Interrogatory No.1.

Jnto·mgc:'::,,ry :<o. ':i: For tach afiirmative defense that you are asserting,

! •: ;:\ "' ddec,se and specifically set forth all of the facts and •• ,,, <''::end to use to support such defense; also, for each '' 1 •, '" : ic• o i; documents (by title, date, author, custodian , : •,: .,, , •

'"''' ' ,, ,,,, 'L' ;;,:::tic.-. nf contents) that you intend to use to support the

,n: "" i'UITJ1'i who have knowledge of facts supporting the '""' TLn ,;: per.:<:'ls should be identified by name, occupation, ad- ''· • <.tc. ,,. ;,,;; b :he parties herein and a description of the in- !'nr-::1::1~-~-:>ti <v\ the:.· :_~r;.~ 1"0 present.

, 6: ''!i\1> resoect to all of the documents that You have nr tnJcler Your control that are relevant to the Inci , __ , ~ ~ ' : : c .... ~ <·.. hs's of this lawsuit, please identify those docu •e contain the following information: documents ,-,_,.,, ,:, '''·l'

,~'.o · 2 · ,,, '.h•? present that contain information that You a!- '" ' "' -----,----:-=:--:-:---;:--:--,-,--c----=-----:-;- Page 10 of 15 , , i ,,.,. (J/fite of Klei>thans Gruber v. Morin CoS< ., · , .r , •i ••

\ < .. , :-:>:s w Pre-dismissal Discovery '· ''' .•. r , ,,, , : h.cc ,:,c 'l'''unents that made up the June 24, 2014 Yelp 'f:_c- of r~]einhans Gruber, PLLC were true, including

--~, ~ .... ., .. , l., · *63 ,,. :he documents that support Your responses to Inter-

·-z;t '"'' '

•:J'•·• :'!n: ·;!nw k:rcachandeverysubpart: :·:''"'"' inciiccc1tc the types or categories of the documents (i.e .

'. ... F• .. , . '-:C:mos, Reports, Contracts, Emails, Letters, etc.) in- ;;;;(';he c.pproxirnate number of each type. ,,,,j ",,Ldtc the location of the documents and the type of co mains them (i.e. Legal or Letter Size File Draw- Dr,LWers, Boxes, etc.). Also, please indicate the c:·"· ui ::tci'agc units that contain the documents. '"·' :r!cr:•.Jy those portions of the requested documents that c.rc cc< 'T'·:tcrized, or kept in any other digital, optical or elec- ::-;; !; .. :~. :mJ indicate whether the original entries were ,.,., bj• hand, or entered by way of voice recognition ^[1] be names, addresses and relationships to the parties ·' ::c;vns ti-<;m whom written statements concerning the i:v.:•.knt [or accident] have been taken; indicate the date '"" :.·:,.:!-; "'-tlccoH:nt was taken and the person who now pas- -\ nsw:':' '" >ntcrrop:ato!'y No.6: See Answer to Interrogatory No.1.

1: :,-,_ tk June 24, 2014 statements contained in your 'icl;: r::•. ·" ' ·.,_,. Uff',:c of Kleinhans Gruber, PLLC, you make the ''"' i'l rbe aiiegation, "You will be doing the majority of

.. , , " srate what work you allege you performed on the ·'"'" ;,. I"'· c:"e during your representation by Law Office of •>·ul<:r, PLLC, and the dates you preformed the <i: ·_,, '" '·:~;::rds to the allegation, "her legal counsel consists of her ?. · n:<:; ·c :' . " :: \· ou," ~tate the dates and format (email, letter, etc.) ;•,:l "'' ;-.:nc: cf the correspondence of any instance in which T"w Otfice of Kleinhans Gruber, PLLC was arguing Page 11 oflS ., '' .)jji.:~ofK/einhansGmberv.Morin -. ·: ·,;,; · _: t,.., ;:'!··:-dismissal Discovery '· "'"'""'-!' :o the allegation, "her legal counsel consist of ... . ,,., i!•:;.; !nC~•g over associates to court dates," state all dates, in *64 ,., ,:,!c::: :•:•1 facts that you used to form your allegation that i). Siegler was hung over and ii) that Kimberly Kleinhans :; i. ;. ,.,.,,, ., .. :• c rhat Michael Siegler was hung over, as you allege. to the allegation, "As well as doing almost nothing :_), . ; I · "· J :. w:;y of leading me through an overly complex legal '·'" '\' :;tlpcng me understand what's going on within it," :,;·. · · ,·, •c :ud content of each instance You requested an · .li H; • i'tom ~aw Office of Kleinhans Gruber, PLLC con . ~. :>it•;:. :iv.: kga! system, the process of your family law case, or ;;•)': q;;c:ti<!n whatsoever about Your family law case and state '•e ··:~.;;• ·:nr (Jf the request for explanation or question and how · •x ':n:1::!ucie it W8S not answered by Law Office of Kleinhans ·:-c ;he ai!egadon, " ... she does not even know the ba- E. ,·;: "'' :he laws she claims to specialize in," state the date and c:rn·,,• ( c ,,.,,;1, letter, etc.) and substance of any correspondence ;; . '''!" f:imberly Kleinhans held out that she special- ', !.:•r or any other area oflaw.

· · ' • th•.: ;;llegation, "She told me to call the police and ·.: : .: .. .,"··L:kl rr,ake my ex give me my son for our court ap y;i:," .. ; :i:nc," stale the date and format (email, letter, etc.) and :;c•.: ni' "''Y correspondence that Kimberly Kleinhans G. co the allegation that Kimberly Kleinhans gave, 'I•. .ldvicc," state the date and format (email, letter, ·:c., .•;;d .. c~,:::tance of any correspondence that Kimberly · h~'.il:S ~;~ve such advicl!. :-,_ t•• the allegarion that Law Office of Kleinhans n·.: •:•ri·:

:-1. : ':: :,,. r. r' t.: ,C has tailed to, "set your case up for success later," ::;;t.. ''' ,j,.;·~::., information and facts that you used to form your .. \n',.wc:· i.': i •· .,.,.,..,"·''tory No.7: Subpart C presumes that the review

·" ·I ., : ,,.,, K '"'''''Hns was aware of Siegler's hangover. It doesn't. '' .: ·''' rhc details that can be gleaned from the motion to Ca')c r: -1· C >· ,-~:-i-.:,, -:.:{n' r)[r!ce ofKieinhans Gruberv. Morin Page 12 oflS i''

Lo Pre-dismissal Discovery ''"-' \k,in\: supporting affidavit, to which the firm should ,_,,,.,, ·. :':.•:: rinl, see Answer to Interrogatory No.1. *65 ·:: ·: u the extent that you have not already done so, Intu

, ,.,m,. version and description of the events which are the ():·if•in~l Petition; include all of your personal observa- :ubj:·c·< r!l' 1

tions. f'·c:1sc i'F>\·idc all relevant times, dates, names and locations. tory No. 8: This is given in Morin's motion to

Amwcr :·u 1 ·: :·-.:n;~·~crting affidavit. Other than that, see Answer to In- di:~:r:;;:.:.:· '•'' J:kntifv all discoverable, consulting experts, that is, Jntc:·rn:.·:.;ir•t'\' ,,, ·: •: h;s:· work has been reviewed by the testifying ex-

:.·o::::T' · :·:·:. 'c. Civ. P. l92.3(e). For each expert named, provide the

!:c:·i. · :·~ . · · ::. • >name, address, and telephone number. ·::. ·:·i·• ':current resume and bibliography. knoll'n to the expert that relate to or form the basis of

C. , ',: m::nt<J impressions and opinions formed or made · ,,,. • ' "'' •.:<:''··'" <'ith the case, regardless of when and how the "'-'''-'" :,,:::rnwtion was acquired.

'). : :, '"'"''"' impressions or opinions of the expert formed or :u:· ,. :o•·;-:cction with the case and any methods used to de- ;·· :l·::c::Jnents and tangible things, including reports, "' '' •.. , '" cnta compilations, that have been provided to, re N prepared by or for the expert, so the documents ,,, ''·""f'<ldc :hings may properly be sought by a request for pro- -.·. · •.•: Do yc>u contend that there was any failure on the " crr;,·e c.r Kleinhans Gruber, PLLC to mitigate their '""t ui •·

·"',_,,,,.,.is anything other than an unqualified "No," · !coliowing information specifically and in detail: Page 13 oflS Cnsc D-1 ·C '. '·'' ,·.,,. -:'(!ice of Kleinhans Gruber v. Morin

· ic. (re-di~missal Discovery mr.nner m which the Law Office of Kleinhans ' , ) - , · ,,·u< • < PiLC f8iled to mitigate their damages. *66 :'..- !h •! :ch specific action that the Law Office of Kleinhans C>

·-'· • :: ::1nuld have taken to mitigate or their damages. ''"' wu :,,, ) :; ' : · :·ocCiWry No. 10: Yes, the firm did not mitigate. The

•:m· ·::<•u<' i·co·. •: po"Led a response to the review as soon as it be <. am<.: "'·"''c ,,;· i;. lnstead, it waited for weeks to do so. lnterro1:1tr•<·y :'lo. U: ~'ursuant to Rule 192.3(b) of the Texas Rules of Civ-

tho>e mailers exempt from disclosure by privilege, as •i'""·(,,, docs not apply), request is made that you describe ,,. .. ,,_.,,,. :::w !i<'.turc of any existing document or tangible item • ·: ;i' u tc IF contain matters relevant to the subject matter indicating the custodian and location if the items ,., :;: ·-.,u-..;-' ~>i)SSe5slon, custody or control. ·,_~- nni

J ::or/ No. 11: See Answer to Interrogatory No. 1. Jnv·•·r,:c::•.u~:Y ·,"'. i 1-: >'c•'·' comend that Your Yelp review of Law Office of

-,_,.,' '"'. PI.LC contained statements of truth, substantial rruti; :Jr ,_l/nr cr;: iT\i0!1~ f{u· each statement contained in the Yelp review, '<- ···:• you allege the statement falls into:

S1 •••

/cn:-w•.:.· co : :.:: •. :·w;:,;>t<}i'j No. 12: It's the firm's obligation to identity

· •" >.• •.. """ l'• ,, <,,,_,;;eves are defamatory, not Morin's job to predict ,, '!1 complain about. At any rate, this is covered in • •hi.:'·· '· ,,,.... ,.,,,;,,, rc dismiss, and the firm should otherwise see An- ·,;,.,. ._,_;·,: >Io. 1. ·- '···------

Interro'.'""'' , ,_. '· '· l.:i: II you have ever been convicted of a felony or a ... ,. ,. ''"'d turpitude, state the nature of the charge and the

':rnr·:· •.·: ,,,;-c't .md conviction. See Tex. R. Evid. 404(a)(l)(B),

c:atc ·'''·· ': ;: '!. :' .. ,. ':'.'ilce ~{Kleinhans Gmberv. Morin Page 14 oflS

Case '!- 0·

-- :-n;:;:;~-, ll~ Pre-dismissal Discovery lnt~<TUb'" ,,., "< ''· H: f'or each document produced in response to First

l·:c:ccc:c;; ,.,,,. ''r~d:•ction to Levi Morin, identif'y which responsive Re

_;c;c·:r · '-' ':duc;icn number(s) the document is being produced pur-

A ns ,1<-:1· t.; ;;,;_ . .,,·,-:;:;atory No. 14: See the responses to the requests. l-i : ,,,_;:-:;,._ !.-u· ()!/ice of Kleinhans Gruberv. Morin Page 15 oflS

Cas< U-: .(, '-·. LEIF A. OLSON B BOARD FIRN1 ',' \-. ,_,, "• CERTIFIED" PLLC Texas Board of Lege! Specialtzalion_ *68 CMLAP1"EU.Atti.AW By email to levimorin@gmail.com Levi 'vL•:i''

cl, 1 T);,, r·:~)-·'1" :n····11 rJ~iJ'],·no- 'b •• ' · -~---'--~-·<·•"<I.L••

Rc: '.:1:• -;u;t hv Kleinhans Gruber PLLC

............. __________________ _ ,,., lc '• .. ·r cunii,·m:' the terms of my representation of you in the J< '·-" hJn:< Gruber filed against you. If you agree to these

law:;c;ll

:1t rhc bottom of this agreement and return it to me. ;·'-"'' ''' ,.,_,,_, in Law Office of Kleinhans Gruber PLLC v. · / n-: -GN-14-003874 in the 201st District Court of "'). ••.-hic-i> this letter will call "the Lawsuit." The represen Tra: ;.,

t:at:nn ··.-: .. i;c·•,in uuc:.o: l have received a signed copy of this agreement ,'-·r retainer described in Section C. It will end

atJc1 '- ''" , . ·-

whc·'-

.. ,_.,;,,,is limited to the Lawsuit. If you would like me '"' ';:,,[ lq;al help or represent you in another problem ·· '"'· imolving Kleinhans Gruber, we will need to sign i;;·,;;c <k fino! ;;urhority regarding procedural matters and the scope· ''"' cunt•.:m uf all communications and correspondence to

c.ou; ;;_~ :_· il• ,_~) ~·U;cr }"<!.rties about the Lawsuit.

:d\ •n· """ :•.,:ncO<:ntation is $285 per hour. I will defer billing

' : h.H amount until the end of the representation. ·; Rr).\1\ 5lJJ IE 300 • HUMBLE, TEXAS 77396 '· ·,_; -I.I'PU.LS.CO.\o\ a (281) 849·8382 Morin0001 . ;'!.!J . . , ,.,.,. "-'''' y nf legal fees and expenses as part of a judg

: Lu:· '., *69 mcn c: · ,,, ,,.,.,., .. ··:y, Lhose fees are payable directly to me, not to ,·;;cccds the amount you have paid is payable di-

\'ULL , , .•• " , . r .. ·,,·.unsibic for paying expenses. I don't charge for

"\. 1 > :_: 1' . xr:·>c:<cs like in-house photocopies, office supplies, <.C!l .. Jinc legal research, or faxes. I won't incur an ''"'""!hAn S200 without your consent.

"' .,, '' •T<·'i''"''ihlc lor paying judgments or other assessments, in

due' in, in;::!"'"'' nr ,:ourt costs, that an opposing party might recover.

c:. f~ec-~in( ··., hihng:; ;1nd payments.

~..- ·+> ::c. : uion, I will require a retainer of $2,500. I will

" '"Y trust account. This retainer may not drop be ,_.,., you must replenish it to at least that amount. w<ii •:i! ''·'" r·.:ch month. You will pay the bill by having me : '"·" n~u.iner to my operating account the amount wirk<. ··'· <··:.· " ., •.. •:.: ... .>]:duces the remaining amount of your retain

::ilk '" :,: L.: ·'" .•• ; .:<::, ,,,}c; must replenish the retainer to at least that

•:r u

: •. :! l:. :;L,gs exceed the amount of your remaining :c:<;.•ons:i:.ic for replenishing the retainer and paying d :c b.i U Ercatcr than the retainer. 'dlC ·''

'' '···'"'. ,,,.i.·ni·.:hnlcm or payment is more than 30 days after re

•. .-:ct·,·;iL', t:.~, ;·fi'i.. d;:·;;_ •:tnlstitutcs good cause for me to end the repre-

SCnl:i.UUiL

., ..... , ;·r.IU ·:,.-·:··).:'!".:!_....~,""'I comm,1nications ,·> ;· · "• ,•- ·"' ·u'--· .... • .Lf .. ·,,_ · ·· :: ·xirh me in, and fulfill all of my reasonable re •-.·''dr< .,, ,.,,, ''ork on the Lawsuit. This includes, for example,

quc,t'-.;

· · "'' ,,j •'':':"rrcn's or information, signing documents, pre- nan.,, ,,, ,, :' ':: ,kpnsitions and testimony, and participating at :.,_:1, p;·i.\ dcgc r..--.~akes all of our communications,

,. -_.. ,,, ":.' ,., ;, •vriting, confidential. It is my duty as a law \\' !il..

·:,, ·'"'''' 'c,;·""unications and their contents confidential. Be- . .;r,.' ,,!,,, {(>.cc1ling those communications or their con- ....... ·-· - - - - - - - - - - - - - : : - - - - - : - - - - - : - PAGE20F4 Morln0002 :;'.'.: ! .. ' · '" . rc_,,_,lution of the Lawsuit, you also agrees to , . *70 ,·u:nmr:;:ications confidentiaL This includes not re-

• ; : !, u ~ .., L: kin:; ahGut them, sending them, or forwarding them f'-'··' •n:. . ; :,

·~u ~-, : ,.,., gi>t m;ckc about the potential outcome of the Law-

,; tt. · .·;· ,. ;.;.·,; .:cilcills o! opinion. I can't, and don't, guarantee any ._.. ··-·•· n>nc. You "grcc that I haven't represented that you will

·ncc·rnc or that a court will reach a particular judg- mer:

_F. ~~~~f~\-:• L(~ .:;;-;d r~.:l ,-~·:-:entatton .

. ,,.,, ,,, '''"'• in my sole opinion, makes it impractical · >r t " ' ' > .... :n•. : .' i,cc:p r~presenting you, I can end the representa-

.,,,_,,_ "' •, l \cil! ·c no further duty to handle the Dispute. I can '::-·'.,,,.,;,;;.ion if I have good cause to do so. If I end the

.dsc•

:··"[" ... ·"" ,, · gc><:d cmse or because of an ethical bar, I will still

r,,,. rhc work I have performed . •'·- '<)rc:.cntation at any time. If you do so without

., "'' •-·

.:;,u :',} •::i "'" cr:tlllc-:: co be paid for the work I have performed .

. r ·-- · • :''I ;·e~.1incd funds remaining when the representation

. sc,tc:ion, we can write to each other at our last 'i· :c.1l :·;ddrcsses.

1-, · ind•.:c!:·d c. cr•py of the Texas Lawyer's Creed; I handle all of

m\' •·c•'tc -""''•"""' ;, accordance with it. I also support the State Bar's

'"''''''~''"''''"' ''' J hcipliuary Rules, which ask me to tell you:

· · · '·.: · ;,· ·:•f 'fu:as investigates and prosecutes pro- 'L"·'"'''·'' ,.,i,;cu•·:cbcr committed by Texas lawyers. Al n H .• ~v~?;·-~·/ :_:omplaint against or dispute with a :·1·::·:: ;Jrolcssional misconduct, the State Bar's .... ':-.:,~ (;:.-ncc:!.l Counsel gives clients information • '' iilc a complaint about a lawyer. Clients P:\GE 3 OF 4 !_;. :·

Morln0003 '·;,· \c:nc Bar's General Counsel toll-free at *71 r 'J ::,;: h.:-r Ill Ore information. • -.; • ''":;c 1 erms of representation, please sign this ,,,,, ;, t.:· me. Once I receive it, I will send you a . ,. < . "''·' ., .. ,·,· , .. ·. •.:Of' ·. ;, :

l· • ,: .. : ·r .. ::·:i >·.• \>.•orL:mg with you. If you have questions or con- -------- ------

... ___ , _____ _

10-10-2014 Date PAGE40F4 Morln0004 FIRtv\ Invoice No. 036-1

PLLC *72 December 4, 2014 Levi Morin Matter: SLAPP case by Kleinhans Gruber 165 South l __ , Finn matter number: 1419

San Marco: "'

.............. , ... ___________ _ (,t s·~rvices through December 3, 2014 Legal work Date Task Hours Amount

10/7/2014 513.00 1.8 I h . h ti . n . ,. ,,,.,.,,.,. ::cr:;ljr-,;,:m"'Tc!l~-

10/27/2014 ; te ep one con erence wtt 3.3 940.50 .__.r.~: ~-;,·;~/;/~(:.h.~:\id-:J-i.n:.t~ic:n.~" ..... /. ;- · ·~·'"·'~"-"''·"··~" "--~~ ""''"''"''t'-~f)j :!i ''b special exceptions;

; reVIse ; file and serve answer; review send letter response to 11/25/2014 3.1 883.50

11/26/2014 2.8 798.00

11/29/2014 5.1 1453.50

:: :i rafting· 11/30/2014 4.2 '(i':'~:~~~]il; begin revisions and editing; 1197.00

----------------- ··\ ·WO ,. •; .. \,;\LE, Tt_--:x-. :;·::-~96 · C0\·1 • (~f::: g4Cl-33B:2 MorlnOOOS levi Morin r,,,_ : u :..J. Invoice No. 036-1

For ~t.>rvice.!' through December 3, 2014 ~~--~~.---·------------- *73 12/1/2014 6.8 1938.00 · •.' , >:n of motion with attachments and

12/3/2014 0.3 85.50

'~'' ----·-----

-0.3 -85.50 Date Amount

10/27/2014 2.21

12/1/2014 2.21

12/3/2014 2.21

iiiotionlo dismiss -2.21 Total expenses for this invoice $ 4.42 Totals Amount Balance

I tents . :·'.: 5 .. ;:.:014 7,727.92 . 7,727.92

Total fot '''' ~

Outstar 0 0

Paymer · 0

Paymen'.' v 5,695.42 ~i/:>014

trust ac,_·r~t; ~. -~, ' .. ")

1,032.50 / (, '·~ ;!;,; .: your payment is for Invoice 036~.~-~--~~---~~~ P.~GE 2 OF 3 Morln0006 levi Morin Invoice No. 036-1 For st'rvices through Decernbcr 3, 2014 *74 Irust Statement Date Amount .. · · · - - - - - - - - - - - - - - - - - - - - - - - 2,500.00

11/6/2('1

12/4/2Ci -2,032.50

....... - - - - - - - - - - - - - - - - - - - - - Trust account balance $467.50 Payment required to replenish deposit $ 1,032.50 Pr\G£ 3 OF :1 Morln0007 ~~~~:.· l RJ'v'\ Invoice No. 036-2 PLLC *75 January 5, 2015 Levi Mo• ,, Matter: SLAPP case by Kleinhans Gruber

Firm matter number: 1419 :••: (' :ce:o ''i'iYH' u~cember 4, 2014, through December 31, 2014 Legal work Date Hours Amount

12/8/2014

0.3 85,50 12/18/2014 0.1 28.50 r'<w:T<: :,;, -· ·y;; ; 1<. Cir:li:.t:r on response to settlement offer,

12/22/2014

Jj:_·,, r,-, ·! ,; .. ;._:c•r f:e~tring,client'soutstandingfees, ;;--, ._,,, :-.;: .. -;) .KC;'::; nonsuit, and results of nonsuit.

Ji_;;, -.:;:,:(.; ... 399.00 1.4 T·:csp..-,.,: .-i· L.· c~ . -:! :"..

12/30/2014 · ,Jf!i~r·~~~~}Mf~

"'"•'·"'''""·"''·' ·''": ,_i\\:;f:i':~U;1~~;· senu email to K. Gruber seeking dates

0.3 85.50 :·. n;,'c,cr: ··wm KG regarding dates unavailable for 12/31/2014

0.1 Total legal work this invoice 2.2 Totals

Jtems Amount Balance 627.00 627.00

l /4/2015 ----·········. " .............. ~---· :'r-voi<:c (;:;&-1: 12/5/201-l 6,322.42 Payme··

trust at :.•

Total amount now due $ 0.00 ··\0, SL::rr ~~00 • Ht~:v\BlE, TEXc\S 77396 •. '('['I:ALS.i (),\~. (181 'l H49·8382 MorlnOOOB Levi Morin ! : E '-- ,. l -~ ''"' ~u :-...i1 Invoice No. 036-2

Tmst Statement ! Amount Date . . . ---- ... ----· --- ----- ..... -------· ·-· -- --···- --- --;·- ----------- -----~--- ,,,, ,_,fin voice 036-1 ! 467.50 ^[1]

j_ ;.../ ' ' '"1/ "•' .. '·--'- -·-)--------------------- ........ ··---·-----·--- ·- ·-·- ........ . : 1032.32 i ··------------··----···-- ··--------·-·--------_1 ______ _ )-1;::. ;'\1t.'.il! t"or rnvoice 036-2

1/4/20 ,•; [-165.00

! $1,334.82 . ------ ........... -- ·--··----·------·--··---·- --------------------- i $165.18 :;;;, "' ;·;''-i";;·ed to replenish deposit Nease mail payment to: ' "" OLSON FIRM, PLLC T ·: j;) No. 46-2442544 ' ' .......... __________ _

PMB 188

''' 1n Wilson Road, Suite 300 Humble, Texas 77396 PAGE 2 OF 3 Morln0009 II!! u: -.(l· Levi Morin

Invoice No. 036-2 *77 PAGE 3 OF 3 :.-\ -~! .• y-,- ;

Morin0010 ('_)''/'if_· Invoice No. 036-3 ' .-..,___ . PLLC:

February 3, 2015 Matter: SLAPP case by Kleinhans Gruber Levi Morin

165 South (-;u;-,,_i, Firm matter number: 1419

for :-;o;;·vices from .January 1, 2015, through January 31, 2015 Legal work Amount Date Hours 'l'ckpbc-t:c ._:;y<L:n::Kt: with Disciplinary Counsel's office

1/6/2015 d 'th 1' ,. . . . KG -

rega1·:Jm;; compL.tmts ag<nnst ; correspon WI c 1ent m:vr~~~~~.~Hlffi1lf~~~~ ·, review correspondence from K. Kleinhans ~w:,"""""'"~-ot~'"'-'·""~"""""'·~ .. JlZ~ 0.3 85.50 ·------ .. - - · - - - - - - - - - - - - - - - - - - - - - - -

- - - · - - · · · · · · · · .. ______ , _____________________ _ ,,,._, coni,Tence with K. Kleinhans. 0.1 28.50 1/19/2015 Tclephon:: umf::rcnce '.':ith K. Kleinhans regarding hearings and

1/28/1930

0.3 85.50 1/30/2015

Total legal work this invoice 2.2 $627.00 Totals Balance Amount

Items 627.00 627.00

Total fo: $75/hr * 165.00 Payments Licduci.eci fran--: 462.00 2/3/2015

trust :.tCCf"U'll 6,619.42

Omstamiing i.l,t•, ii•.-.'·

.---~ Total remaining balance 6,619.42 . _ _,;,:•\.\.-i;•., ·-;ROAD,SUJTE300 • HU.\IBLE,TEXAS77396 · •.• :-; ;:;:: -:--:~ :.AITl-AlS.CU.\1 • {281) 849~8382 Morln0011 Levi Morin Invoice No. 036-3 - - - - - - - - - - - - - - - - - - - - - - -

Trust Statement *79 Date - L~~":"~---

1/4/2015 1,334.82 --- ___ ____ _____ ___ ___ ___ ____ !_ _______ _ i 165.18

1/i6/20JS ---·--t~16s:oo-- ---- Cor Tnvuice 036-3

2/3/2015 -- ---- -.. ! ..... --··--- ·-------- ! $1,335.00 --. -------- -- ---------------~----=--- i $165.00 '""''' ;-,-,iui;-,•rl io replenish deposit P.'ease mail payment to: :·:u OLSON FIRM, PLLC T,,v lD No. 46-2442544 PMB 188

'' iison Road, Suite 300 Humble, Texas 77396 ....... ------------------

PAGE 2 OF 2 MorlnD012 Lei£ A. Olson :•:-..:r-: '"'" " +~ .. 10 Wiison Road, Suite 300 • Humble, Texas 77396

<)S i' S4~1-iD82 • leif@olsonappeals.com *80 !'\,,., '-• .,.,;r;,.d civil oppellate lawyer focusing on appellate and other complex Sumrnary

'" :•.;•; .•>:. i rid more than a dozen cases to jury verdict. Handled appeals before

,,-;; ,,~d courts across Texas and the nation. Work : .-.' :-.:·:· 1 D y .. : ;:,·s ~~{experience in comntercial, appellate, and other complex

f-',

\iz'!-~ '-\a:; :;-·rc-rn:ninr:Jl and boutique trial firms.

''-<'r.n·,.~~ i~1cludes: /':__r ~.:Ntl,i·-'' 1"'.:1·(-r."al from Texas Supreme Court, rejecting unanimous reasoning

d) • ,, :.,·· ,. 'lJ'pellate courts. ·-1 ~rdi n:nc d i:-;pc•sitJve motion and error-preservation strategies for high

~ ( - p:·-~r;lc mulr!-hillion-dollar mass-ton case. Class certification denied and :;L nnu;-y iud~_mcnt rendered for client .

.:, ·r crTirH:- ~try injunction for inventor of dietary supplement against former ' :r·n~r,. Injunction affirmed on appeal; confidential settlement.

' : i-;~;,-- .. .-.: .;I client's counter-claim in cross-suits over multi-million- ,,. \11_.·· _:;·1

~-.-i ,_-:-a.,:.c cc_,nuact. Affirn1ed on appeal.

·::. \rkn·s"!ng quc;rions of first impression in Texas, affirmation on appeal of

; :1 l:t \ .. ,?- .:Ji. client's counter-claim on multi-million-dollar real-estate ,, •;, ''"c''' v itd;.'CH'"t for defendant in multi-million-dollar breach-of

: .. .-:JJpl."Jy:-;·_,__:r:_t-,:z:,r:Lr:L:r suit. No appeal.

'.,+; . .,., d~ '"" dollar suit alleging groundwater contamination of ''""' .:.i ''r<>pcn:ics. Single-claim plaintiff nonsuited on morning of summary ,;,,,,.,," '''~"''""'t. Confidential settlements with other plaintiffs following ,_ .. _\;.,-;is•\'c nL;nn:1 prc;.cticc and preparation on class-action issues. )(,·;m·:,cr:utirn d plaintiffs and defendants in statutory-fraud, deceptive trade "

. _., ~--- >;c~, (lcrivative, consumer, and other business-tort claims. [.y,,' N. Hughes Clerkship u. ;_:" n, , , i:.' i i':h:u;.;o L1w School, J.D., 2001

Edmcation

·r,.:, , "•:;; i.•', hJ,. c:an laude in Economics, 1998; Phi Beta Kappa

Admissions

and

Certific1tion::-:

! ,, --r\·;, · (. ;,\, r;. :-or -~<:stern, Northern, and Southern Districts of Texas Morln0013 · · •, "' i r:,d to Appeal," TcxasBarCLE Federal Court Practice Selected .~ •. ~n·:'<;;;: dv1~!Y j( .. _:!.;"::i4)

Speeches and

Publications •, :,;• <.·!! ,i!r•:;n,:s .wd the T,-ansition from Trial to Appeal, in FEDERAL i\r.r·

c.r•i> • I'i_.\CriCJ: :!Cl4, ch. II, TexasBarCLE (2014) -..,.· -'~i: ;;-r:;.ctr.:c in Federal Court" and "Claims for Attorney Fees,"

·• !._ ); t'U!-,.'0.:. i. •. c i.\"'-·~.·r~ A .. ssociation Ten Minute Mentor, available at

T. '" .,._, .,!,._ ·;",,-._'-~ :·un~ (T'·-.'ovcmbcr 2013) '''"' • "' .,,; nc {,.,,,,.,Trial to Appeal-Post Trial Motions," TexasBarCLE Federal .,,., ".<·•ninor (\'ley 24, 2013) ·"'' · .... _; ,., .; ! · in: •:' i''"' Testimony," TcxasBarCLE Success Strategies for Young ... ,,l- ! .. ~\ hr~:h !, 2013)

• r • .['<•·I:LE Federal Court Practice Seminar (May 25, 2012) i ii•· :•• · .;,, i.. Fi '·U: Ol'JvfiND: A GUIDE TO SUPPORTING SPECIAL KIDS WITH

·,,.,' '' '· !·J: ··or:.·;"'·"" ';'oung Lawyers Association (2010).

"Sn; • .c;;i,·;cc 'lrcsp.;ss T;-,JOugh Hydraulic Fracture," State Bar of Texas Oil, Gas &

En._-;-;:.~- _f~_,·scu;·r.:;:;:-, Scltion i 1Lnnual Meeting Gunc 16, 2006)

/'»·Sui; surface T,-e!ipass Through Hydraulic Fractu,-e, OIL, GAS '·><. P IY., Dec. 2005, at 94 t-:, ·;,: ·· · · ·\•~ T ' L-;.\\ yc-rs Association, President, 2009-10 Professional

''·'c.::.ug l.~;v.-ycr:i Association, Director, 2010-14 ~ ^[1] • r·:_ -; .-\,,.-;!rd Jvlerit, 2013,2014 l)f . n;,,.,·tor, Houston Lawyers Chapter, 2003-present ~ -! :;.ll' ~--;r:Ll ticrr;_, Life Fellow Morln0014 Kim Kleinhans

----------~~-",;:;'"''·~:tJl.on=,--------------------------- Le~f C:lson <lcif G..oolsonappeals.com>

From:

Sent: M

To: *82 Re: !(C; v. Morin: 2/26 alleged setting (not yet set but noticed at 9 pm 2/13)

Subject:

JournaiPM:

The motion was filed on December i. The exhibits were flied on December 3.

I'm happy to ask for a tinding of good cause.

I'll see you Tuesday morning.

Leif A. Olson

The Olson Firm, PLLC

(281) 849-83 82

leif@olsonapp,al~,com

Sent from my mobile. so please excuse rnisspeilings.

On Feb 15, 2015, at 7: 18 AM .. "Kirn Kleinhans" <kim@lawofficeotkg.com> wrote:

Leif-

12/1 is a Mondav so 12/3 Vi<> ht: first deadllne.

Re missing ·,_:he second dead!i:1e, tt·11': i·::· has been no agreement between us to extend it and no finding by

the court. One or tne other;, rcqui:l'ci to have an extension past 1/30 deadline.

If you ar•' nn• <n c:•rc;•·····"•'i tr· ·· .,.,,>'P •·hp )/26 setting despite the information herein, I will file all my

motions (including "'nci:ions) ,.,-. .j ,;et them Tuesday 2/17 at 9 am as set forth below as you have allowed

us no ot:·,,~r ;);_~fen do·:d h.-~!\\?:_:;: <ji .. _- :;L:;tl?fl y1)U are available. Again, I reiterate, we are not in

agreement !.o hav:'· you:· ivioti-: '' "' ;:;;srniss heard on this 2/17 as I am spending all my time taking care

of prelirnir;:.:r·y- !s~:ue:; HPrt-~ i~-, ,-:· i !;-·;~~ for rne to review the motion to dismiss and respond.

Best regards,

Kimberly G. Kleinhans, Attorney at Law

Law Offices of KG, PLLC

12600 Hill Country Blvd., Sls. f~-275

Austin, Texas 78738

Facsimile: 512.623.'7320

Office: 512.961.8512

kim@la\yofficeofkg. com

WW'W.Iavvofficeof1g_._Ggl}}

Please t; '.' ,;. ''" , l' ,., : . , , . · · ' ·.:; · '''"' .?· rc no longer receiving any mail at any address other

than as s(:t fort1: ;r;, :.w:: <..:'l~l;t;:. •';, ,:_,-.update our address in your records accordingly.

<inlagc!.)£L~.-.CXU.;~~·Ti·,;s =:oc:s_qgL· :-, i11~ ~~·dd nnly for the personal and confidential use of the recipicnt(s) named above. If you are an attorney-client fee agreement with Law Office of KG, PLLC, this e-mail signed n::!I!•::d '"buvc h;:r·.'c rf:c\pientt.~1 J" ;,,::p :'.s

error-free. ofT:·Jvi•:, t:· !h '~' 1'>i nr;::•: 1~ L~v.· :"". county ':;:_·~-- c,:· K!~. PL!.C ^[1] i·; fr:q purposes nnly. Email transmission cannot be guaranteed to be secure or strictly pr<Jilibikd. Thi~: -::amn~u"k~tii,;l is i:1formaticn of this message inter-d=.·tl :·cd!>icl,t not the or copying review, dissemination, distribution y,u ;.:n' hereby notified that any '1•;.;.·;:.:;;~·: d thjs <l! ,_ m:··y b-· corresponci~,,~t of Ll\v Office :vile_::!cd. li'..'rt p; irn·~:~·:.H the Texas and of Kleinhans Gruber, is registered in the state PLLC,

From: Le!i OLson [[l1~!.U!.P~~-~jf2~~~r!sc:i_\:_TP.:~J~Qm]

Sent: Saturday, February 14, )t.'lS 9:03 Pi"i

To: Kim !<L·inhans

Cc: Keith L. Kleinhans

Subject: ''"' i<G v. fviN'n: 2(-'G alleged setting (not yet set but noticed at 9 pm 2/13)

I. A deadline;;,;;, !".dis '.ill :.1 •••. cd.cnd ^[01] holiday is bumped to the next business day.

2. The cic:.ldliiH: br· ,. !;;:arrr:::' ·:~;he extended until the 90th day if there's a good-faith reason for

it. Attempring to come to an agreement on discovery you would like to have when I believe that

you're cntittcci ro none or it is'" good-faith reason for a 30-day bump.

3. I said rcpeatediy •.hat l d(\n't lhink yon are entitled to discovery and found no reason to say so a

fourth (or n ith: r ·::.m'l r-.·mc;r:bcr) til'1C. You haven't asked the court to order any discovery, and

we gave you some. anyway. lt"you bdieve that to be sanctionable, I can't stop you from filing a

motion.

5. The !-.lJIUl•c: is-: lear"' to :i1c:• dr·•p-de,;d deadlines. Ifi have been procrastinating, the effect has

been tO gi\'•:? VCII_' ,..:>'< ^[1] .LJ !imc ^[1] f· nr(··p;-l!\~ a reSpOnSe.

6. Thel"c ;,, 'oc· <"•r>pnr!imi'y tor a con!inunnce. February 26 is, by statute, the last day for this

motion to be !1t:"rd. If you cb:idt: ro move for a continuance anyway, let the coordinator know

that wc'r•: l"ine with" ·~·uesr'r,y morn>ng setting. The Act requires reimbursement for every fee

incun·eci to ,kknd ;;gamst !he :;tritthrough dismissal, and I can reschedule my other Austin

appointments to hand!e Lhcm " couple or days earlier, so I'm fine with putting it on my calendar

as soon as l get li1c NOH. Hecanse l've got to make sure my calendar is set, we don't waive the

three-d<1Y 110tic~ requ.,·c!ll<"L' '"the TC:<Ps, but if you want that setting, we waive the setting and

announecrtle.nr (_k~;-ulline'-~ ur:d,::1· rh,; Travis County rules.

7. Tfyou'd fi!"r t<' •:ni("'" 1nto" P•d.:· ~! (1) authorizing the trial court to rule later under the same

operative' r•;;n!(·''' ,c> ;\:c A·> •c•·,d (2) :-;tipulating to an a1,>Teed interlocutory appeal if the motion is

denied ··· '·"'"'"" "" ... , Lu gi· : .•·:\' ,_;.,., "anw protc.:tions the Act gives him even though the

hearing i•; l:~!e•- · l'n• hnp;·,- '" c!,;;cuss that. Otherwise, I'll be at the courthouse on the 26th.

I hope t1v! ':t}U :n:d K~.·i!.h hT=.-~-' ;; "1..\'c:nckrfUl V8cation. Travel safely.

LeifA. Ol"Gn

Board Ccr:j.'ui, ,:·;, i' .:,-,pc. .u:· '""" ·· 7i.!xao· Board of Legal Specialization

1 ei f({~t~~ l5!_7'I ^[1] ~! J~p_t;Jd) ·-~~ ~Y-~!

(281) ~j4t) .. (;:i ,, 2

Sent from m~J iP:.td. ·:n pic;\~:l~ ;~:~cT-:;~ rr+;·-Jpellings.

2 '.<kin hans <l<_(l!l@lawofficeofkg.com> wrote:

On Feb , : ·:·a: r.-cn' "J p.m. ii:ot night. First and foremost, you have """' :n 6\J days (December 1" was the due date and we !'··· *84 ,. ·:-!·, ~t ti')l) D2r:ember 3n ^[1] ). ln addition/ you missed the second ·,,; set your Motion to Dismiss within 60 days of filing · i •' ':,,,: ,., :c: C ''•·-· rk.•diine for 2 12/1 timely filed motion would have been • · o:·: -:.r 3r~ _ _.,_,nc! .';n\\Ui_\_ )J_L,~ .Jno stiil isn't seL according to the online database

I "·:.•c' cd\ Pir•a:•e ar.Hs:,· h<:•w you plan to make a good faith argument that this setting

F•.H•ner. ·/our •:c ·,tic"""'"'''"·,; <.o ,:a use delay by refusing to respond to my prior emails

!'r!, · q,ics~:::. .;:.:·· ;_c- ,.:.:·' '': ·:!: ~~i~l-rt before we leave for noticed vacation to set the

h:'';' , ... _,. :·!.--'n': .,_~,1J,:~,-; "·'"' , ... -: ba·k from out of the country is not only extremely ·ii :-; n;:· option othPr than going forward requesting

!_!! .,, ·" i. ·;, ' .. ; •'' ,; SL'iings befot ewe leave for noticed vacation (February

:;, · -' · ,. ,., ,. __ , :·1!~;.\:r<·. ---:_ t:-_t·::_. -~Lt:Jle:;}. \Vh2n we r-eturn, we already have a deposition

j_,:, J) .-:._., ;;e: .. ,.,,.

'' :.,:,,,.,·., nc: ·· ,. ~c:,;;,,;u:c• " ' ' " ' " ' ,ii· : .. . ' , .. ,. ^[2] tight scheduling order. Additionally, opposing u.·, been rescheduled countless times and Jlrsadv l :··:·; i·:c"'

· ... " •:I' · ' , .. : · ,, , ' ' !:,•,: "'"'-'•' c•ut <111d dces not have availability to reschedule as

~-. ·· h~;'; Lc.: ., :.JS ;;·, <c_-sp.~:; i ;:: t') :::z,:;t ~ equests. Therefore, we are wholly unavailable the

~ · ·' .JPd Lhf:. ·:..-:;~t2 \,v;~:. ;i<: ..-r.:: pr,~.:sente:d to us ar agreed upon. Your procrastination in '' n' ;; 'r,,, i:E' 111inuce should not prejudice us as you had 4 months to

, '

·.:.: d ''lie business hours on a Friday, we will have to wait until :ow .. ,,.,,,. n'.n '>· : '": ''-' f::;d out when our Motion for Continuance, Et AI. can ;; ,.,:.: h:.:,n• :co ~e tentatively noticed for 9:00a.m. on Tuesday

!·: i-:-,.," ~· .. ; .. , ,·,; 1,: ~:e-:- o s:, ·. ·-- ~ ··,·:c -·nnongst my other 2 other settings at a time convenient

:·:::·t agree to set the Motion for Dismiss on Tuesday the ^[1] :· ... -•• _ ~~, ,~ ·,.; .•• .:.-;~, and/or to hire counsel, ··-•:u: ;,r:d r.:<2rt2irdy not enough time ::-~'·;_).~··:..:_- -f:";!';:; setting that could dismiss our entire case if we

;J; e :::~;··c ;_~ ~"'-~ .:;.::c·r:~ •' ,-.. ,.

i-<f;·r~b-~·;:-~·; C~. !<k::in; •r:1ns, Ati.crney at Law

LtJ'vV ()ff;c:es of KC. PLL.C

'! 2COO Hi!! Ccuntr'' f;!vd., Ste. f<-275

ti: 1 !-eY-·:1.~~ 787'3f~_:. '< ;c ! /-;_ ~ :,.n: ~~rc no longer receiving any mail at any ·; !v. · '...

I''

.,. . .. ,,,,; :th!scm?ii. Pleascupdateouraddressinyour :'h<. ;: · ·:··.; _,-~- ~~ i;;tcndcd only for tl~e pr.r:<:on;1! and confidential use of the recipient(s) ,, ", ., Uc<' : :·cipH.·nt of this :nessagc you are hereby notified that any review, •l. : -,-, '.', ·: . i i11 , ~· • ' ; ~ \,'' I 1 : ; ' ': l " 1: 3 ' ·::-; ,.:·l :1i:; il1L'~sagc iS strkt!y prohibited. This communication is for information : •• : j c' -~!I r· ·: i\ ,, . ' :.·;: r =>:;r-1 he guar~mtccrl to be sccurcorerror-free. As long as recipient(s) named .:-.-.; n:.;:; :1.;; ·,o-·: y_.;-;>c·' '!-·:r! :·t':· :_~·~n·cn1cnt with Law Office of KG, PLLC, this e-mail correspondence may be

. b1 ·- !, ,·, -·· , . : 1. " (:. ' ,, : _;; ,, .· , ,r· :'\ic·!: ,:,:::!:., Gr:Jber, I'LL[, is registered in the state of Texas and the county of ;1·:\" 1;, ; ,·! ;·1 ;O : " ,

::>enL f-',-i.-_,,-/ ^[1] F!:-~i;·1h2 To: i(imh,-:·; hr ('jru!Y?.r c, G~!tDi~lavyofficeofkg.com) .. ~::,··:.;·n: l :,.i· .· .. --- ,,,-_ . • • • , .·:i':/'.~~~d~T.Ji3J2Pe~!s!_corn] :-c:J .• 7:38PM

· i<C · .... :\-;.-_-~:<;-,_ , :;_<v-'-~~·-v; hearings

r i'f'h~vr~ t:hai I toki you over the phone a while ago that the

d><ecip!< "':;;r·v r·c,,n•·<Y~.= office destroyed the file as part of their file

;·c:t:0nti():: v!:cy U n1ay be confusing that with a discussion I was

,-,J·:. .;•y;·,,,.y~: ·~!seen an unrelated bar-association

.7.. ~'Y position en discovery hasn't changed: I don't think you're

,,.,.,,i VVi'·'T v1e spoke over the phone, you weren't willing i" .. , ,_;t:,, ::.r :c'entify tt;e ones that you thought most

:-· <, "v>.t t l<.<;ether :·esponses that appear to address

,;:: ;·,t ,;ii: c(;me up at the hearing on the motion to

·.::.: .•. , ·• .J:r '·"' ; :'' :·:.:;:.~:;.;•c..L YoL. should also be getting an e-

c<;:':.'>.. . .• ~::,e hc•aring: The absolute drop-dead date for

/.:u. . . . ··'''' :·;,Ji:i·~·n to dismiss is Thursday, February

• . ..:. • .;; \ u:• :,,,,; '" ,,,,:t ,;, i\e.;;:·:,·,q !'or th::Jt morning. That will leave you

2·~. ·:,c.

mLh ,,·, l;;r:r_• >'c1 •.'>:c:v.!ve:·y evert if the judge thinks you deserve

., : .. a:· , ~ . : .. " ·,e;_ii";,,g i'or sometime next week, which would

q:v•.: yu..: ac it·ast :o bit of time. I would prefer to have the hearing

ne:<L ThurS!.iay, .1"•/v.•ay, but according to your amended vacation

. , <•.. <Ctiic'c.j/ l>e out oi' tovvn. If you would rather have the

c.; ,.;::G.: •. u ·"··'·" •. !c' _,.;,_·;,:,.~ before che hearing deadline, I'll reset it

, :·.~: ;, i:eve; of a.rr~. or p.m. you prefer). Just let me ·; :''

_:,'

5 P 'LL ~ Invoice #MST-2014003433 INVOICE Exhibit C - Page 001

~\ ~iff~ At1sti11 rocess (J 9/30/2014 ~ 'SP

! ·"

Send Payments To: Austin Process LLC Law Offices of KG, PLLC 809 Nueces 700 Lavaca Street Austin, TX 78701 Suite 1400 Phone: (512) 480-8071 Austin, TX 78701 Fax: (512) 480-8072

Reference Number: KG v. Morin

Your Contact: Kimberly G Kleinhans

Case Number: Travis D-1-GN-14-003874

Plaintiff:

Law Office of Kleinhans Gruber, PLLC

Defendant:

Levi Morin

Received: 9/25/2014 Served: 9/30/2014 8:06am INDIVIDUAUPERSONAL

To be served on: Levi Morin

ITEMIZED LISTING Line Item Quantity Price Amount

Process Service: Austin, TX 1.00 75.00 75.00

TOTAL CHARGED: $75.00

BALANCE DUE: $75.00

Thank you for your business! Make payments online through PayPal at WWW.AUSTINPROCESS.COM

Please write invoice number on your check or enclose a copy of this invoice with your payment. Payments not received

within thirty days will be assesed a $10.00 late fee. Copyright@ 1992-2011 Database Services. Inc. -Process Server's Toolbox V6.4t Exhibit C - Page 002 C I T A T I 0 N S T A T E T EX AS 0 F T H E CAUSE NO. D-1-GN-14-003874 *88 LAW OFFICE OF KLEINHANS GRUBER, PLLC , Plaintiff vs.

LEVI MORIN , Defendant

TO: LEVI MORIN 1901 ONION CREEK PARKWAY, #3107

AUSTIN, TEXAS 78748

Defendant, in the above styled and numbered cause : YOU HAVE BEEN SUED. You may employ an attorney. If you or y our attorney do n o t file a written answer with the c l e rk who i s sued thi s citation by 10 : 00 A.M. on the Monday n e xt fol lowing the expiration of twe nty day s after you wer e s erved this citat i on and peti tion , a d efault j udgment may

be t aken a gains t you . Attached is a copy of the PLAINTIFF'S ORIGINAL PETITION, REQUEST FOREQUITABLE RELIEF & REQUEST FOR

DISCLOSURE of the PLAINTIFF in the above styled and numbered cause, which was filed on SEPTEMBER

24, 2014 in the 201ST JUDICIAL DISTRICT COURT of Travis County, Austin, Texas.

ISSUED AND GIVEN UNDER MY HAND AND SEAL of said Court at office, September 25. 2014., REQUESTED BY: KIMBERLY G. KLEINHANS 700 LAVACA STREET, SUITE 1400 AUSTIN, TEXAS 78701

TELEPHONE: (512) 961-8512 Travis County District Clerk FAX: (512) 623-7320 Travis County Courthouse 1 000 Guadalupe, P . O. Box 679003 (78767) Austin , TX 78701 PREPARED BY: BAR! HENSON

RETURN ________ at -------- o'clock ____ M., and Carne to hand on the day of

executed at --------------------------------------------------- within the County of ________ , at ________ o' clock ____ M. , day of

---------------------- on the

by del i vering to the wit hin named , each

in person, a true copy of this citation together with the PLAINTIFF'S ORIGINAL PETITION, REQUEST

FOREQUITABLE RELIEF & REQUEST FOR DISCLOSURE AND LAWYER REFERRAL accompanying pleading, having

first attached such copy of such citation to such copy of pleading and endorsed on such copy of

citation the date of delivery. ~~~ . . , - - - - : : - : - - - ; - - - - : : - - - ; - - - - : - --

Service Fee: $ ~s;i._Wefiff I Constable I Authorized Person before me this the ~~~~

Sworn to and subscribed

x'~ By== - - , - - - - - -- - - -- --- ~~ ~;> AUSTIN PROCESS. LS - - day of nog "'UE1ES -----z--(')':\.1\~.,.. \C:'(.. "\' ./,., Jftjmt.ed wne of Server / \ 7fJ71)'J vI I I'd, ~, - - -- - -- --eFittrtemd f8W DiSYntf Court

Notary Public, THE STATE OF TEXAS of Travis County, Texas

D- 1-GN-14- 00 3874 SERVICE FEE NOT PAID POtEP ^[0] ~'\f1014

(jl Original EiJ service Copy I : ~1..,? M. At

Amalia Rodriguez·Mendoza . Cler~ Exhibit C - Page 003 AFFIDAVIT OF SERVICE

j 201 st Judicial District coJrt County of Travis State of Texas \

Case Number: D-1-GN-14-003874

Plaintiff:

Law Office of Kleinhans Gruber, PLLC

vs.

Defendant:

Levi Morin

For:

Law Offices of KG, PLLC

700 Lavaca Street

Suite 1400

Austin, TX 78701

Received by Austin Process LLC on the 25th day of September, 2014 at 4:10pm to be served on Levi Morin, 1901

Onion Creek Parkway #3107, Austin, TX 78748.

I, Nicole M. Hybner, being duly sworn, depose and say that on the 30th day of September, 2014 at 8:06 am, 1:

INDIVIDUALLY/PERSONALLY delivered a true and correct copy of the Citation, Plaintiffs Original Petition,

Request for Equitable Relief & Request for Disclosure with Civil Case Information Sheet with the date of

service endorsed thereon by me, to: Levi Morin at the address of: 1901 Onion Creek Parkway #3107, Austin,

TX 78748, as an authorized agent of Austin Process, LLC, and informed said person of the contents therein, in

compliance with state statutes.

I certify that I am over the age of 18, of sound mind, have no interest in the above action, and am a Certified

Process Server, in good standing, in the judicial circuit in which the process was delivered. The facts stated in this

affadavit are within my personal knowledge and are true and correct.

Subscribed and Sworn to before me on the 30th day icole M. Hybner

of September, 2014 by the affiant who is personally SCH-9631, Exp. 4/30/15

known to me. Austin Process LLC

~i;2...Cz:c::; 809 Nueces NOTARY PUBLIC Austin, TX 78701

(512) 480-8071 Our Job Serial Number: MST-2014003433 Ref: KG v. Morin

Notes

[2] PursuanLL(J Tex. Civ. Prac. & Rem. Code§ 27.003(b), "a Motion to Dismiss a legal action under this section must be filed not later than the 60th day aticr the date of service or the legal action."

[3] " ..• the Court: I) Finds no good cause to extend the deadline for Morin to tile his motion to dismiss; ... 3) Strikes the exhibits to Morin's motion to dismiss, which were f11ed aller the deadline for Morin to file his motion ... " (Amended Order: 03-05-15).

[4] !d. ' Pursuant to Tex. Civ. Prac. & Rem. Code § 27.004(a), "A hearing on a motion under Section 27.003 must be set not later than the 60th day allcr the date of service of this moti(>n ... " LEVI MOll TN V, LAW OFFICE OF KLEINHANS GRURER, PLLC PAGI·:3 01' 12 Rt'.SI'ONSF. AND MOTION TO DISMISS Al'l'EAL