FILED IN 1ST COURT OF APPEALS HOUSTON, TEXAS Ogden, Gibson, Broocks, Longoria & Hall, l.l.p., 9 fi 9nlc ATTORNEYS JU1N *° CUU 1900 PENNZOIL SOUTH TOWER Christopher A. PRINE LOUISIANA WiHia.ur HOUSTON, TEXAS 77002 CLERK William W. Ogden Tel:. (713)844-3000 Direct Line: (713) 84<wooi Fax: (713) 844-3030 EfMAiL: boedenfiiogblh.com WWW.OGBLH.COM

June 24, 2015 RECEIVED FIRST COURT OF APPEALS Mr. Chris Daniel Via EFiling and by U.S. Ma\l Houston, TEXAS Harris County District Clerk P.O. Box 4651 JUN 26 2015 Houston, Texas 77210-4651 CHRISTOPHER A. PRINE CLERK Re: Joan Johnson, etal. v. MichaelPhillips, et at; Cause No. 2011-14027; In the 333 District Court of Harris County, Texas.

On Appeal: Cause No. 01-15-00173-CV, In the First Court of Appeals at Houston, Texas Dear Mr. Daniel: This is another request for assistance from your office to get a complete Clerk's Record filed in the captioned case.

This follows an initial request for Clerk's Record made on February 27, 2015 by Appellants JoanJohnson, et al. (the "Johnson Parties"), a supplemental request on March 4,2015 by Appellees Michael Phillips, et al. (the "Phillips Parties"), and the joint request filed on June 1, 2015 by both the Johnson Parties and the Phillips Parties. I am counsel for the Phillips Parties, Appellees.

This is a libel case. The Johnson Parties claim that they were defamed by the entirety of a 296 page book, Monster in River Oaks. The Phillips Parties claim that the book is privileged as an accurate account of a 2008 civil trial in Judge Tracy Christopher's Court.

To join issue, all parties agreed to file the entire book and the entire 2008 trial transcript as joint exhibits. Joint Exhibit 1 is a copy of the 296 page book. Joint Exhibit 2 is a complete copyof the 12 Volume 2008 civil trial transcript. The paper copy of the trial transcript fills three 5-inch notebook binders.

Mr. Chris Daniel June 24,2015 Page 2

Appellants, the Johnson Parties, requested Joint Exhibit 1 (the book) and Joint Exhibit 2 (the 2008 trial transcript) be included in the Clerk's Record in their initial request in this case filed February 27, 2015. Despite this request, neither the book nor the trial transcript were filed.

So Appellees,the Phillips Parties, included in their supplemental request that Joint Exhibit 1 (the book) and Joint Exhibit 2 (the 2008 trial transcript) be included in a supplemental record. That supplemental request was filed on March 4,2015.

Despite the requests of both parties, neither Joint Exhibit 1 (the book) nor Joint Exhibit 2 (the 2008 trial transcript) were filed in the First Court of Appeals.

So on June 1, 2015, both Appellants and Appellees jointly requested that the clerk again prepare and file Joint Exhibit 1 (the book) and Joint Exhibit 2 (the 2008 trial transcript) in the appellate record.

Appellants and Appellees both know that Joint Exhibit 1 (the book) and Joint Exhibit 2 (the 2008 trial transcript) Were properly filed in the 333rd District Court. Both parties briefed both joint exhibits extensively. The Judge referred to both joint exhibits during several court hearings and in his final order.

Nevertheless, in the event that the joint exhibits have somehow been misplaced over time, additional copies of Joint Exhibit 1 (the book) and Joint Exhibit 2 (the 2008 trial transcript) were efiled on June 1, 2015.

As of this writing, despite multiple requests from both parties over the past four months, Joint Exhibit 1 (the book) has still not been filed as part of the Clerk's Record on appeal. It appears that Joint Exhibit 2 (the 2008 trial transcript) was filed on June 17, 2015. The appeal cannot go forward until both joint exhibits are filed.

To add insult to injury, I today received the attached invoice for $2,583, as attorney for Appellees, the Phillips Parties, apparently as costs for filing Joint Exhibit 2 (the 2008 trial transcript). This is not a cost chargeable to Appellees. This cost is chargeable to Appellants, the Johnson Parties, Who first requested that Joint Exhibit 2 (the 2008 trial transcript) be included in the Clerk's Record on February 27,2015.

Please correct your records to invoice the cost of the entire Clerk's Record, including Joint Exhibit 1 (the book) and Joint Exhibit 2 (the 2008 trial transcript) as costs chargeable to Appellants, the Johnson Parties. Their attorney, Mr. Patrick Zummo, is copied on this correspondence. Please also complete the Clerk's Record by filing with the First Court of Appeals a complete copy of Joint Exhibit 1 (the book).

Mr. Chris Daniel June 24, 2015 Page 3

I add a personal comment, and an offer to help. Anyone who thinks that electronic filing "simplifies" anything should have his or her head examined. I have had a hard copy of Joint Exhibit 1 (the book), and three notebook binders of Joint Exhibit 2 (the 2008 trial transcript), sitting onmybookshelf for thepast three years. If it will help anyone, or if theclerk's office will permit it, I will put myhard copies in a box, bring the box down to the courthouse, and deliver it in person to an assistant clerk, who can file stamp it with the traditional stamp to show date and hour of receipt. That way, I will know that it has been delivered, and presumably, the person to whom I delivered it Will know where it is.

Very truly yours, Ogden Gibson Broocks Longoria & Hall, L.L.P.

WillianiW/dgden Attorneys for the Phillips Parties WWO:lc Enclosure

cc: Mr. Duane C. Gilmore HCDC - Civil/Family Post-Trial P.O. Box 4651 Houston, TX 77210-4651 Mr. Patrick Zummo Two Houston Center Fannin, Suite 3500 Houston, TX 77010 Mr. Christopher A. Prine Clerk, First Court of Appeals Fannin Street Houston, TX 77002 6/24/2015 10:03 Remote ID Remote ID D 2/2

•HARPIS C C)U NTY DISTRICT CLERK JUNE 23, 2015 WILLIAM W OGDEN OGDEN GIBSON BROOCKS LONGORIA & HALL LLP 1900 PENNZOEL SOUTH TOWER LOUISIANA HOUSTON TX 77002 FAX: 713-844-3030 PHONE: 713-844-3000E-MAIL; bogden@ogblh,coin Re: Case No: 2011-14027; Appellate No: 01-15-00173-CV JOAN JOHNSON, KALETA JOHNSON, SETH JOHNSON AND WTRT BLAFFER VS. MTCHAEL PHILLIPS, SPINDLE TOP PUBLISHING, AND PHILLIPSAKERSWOMACP.C., IN THE 333RD DISTRICT COURT Dear Customer:

This letter is lo klbrrii you of (lie balance, which represents the cost to our office of preparing, at your request, the Supplemental Clerk'srecord in the above numbered case. Rule (35.3) of the Texas Rules of Appellate Procedure requires thatpayment of this cost be remittedto our officeprior to forwarding the clerk's record to theCourt of Appeals. - - - - — - • - - -- • '• -

| 2ND SUPPLEMENTAL CLERKS RECORD S2,585.00 I LESS INDEX PAGE(S) $1.00 j LESS DEPOSIT PAID $0.00 1 LESS PREVIOUSLY SUBMITTED PAGES $1.00 I DELIVERED TO THE FIRST COURT OF APPEALS 1 BALANCE DUE $2,583.00 I You may remit your payment in the form of attorney or law firm check, money order or cashier's check, payable to Chris Daniel, District Clerk, bymailing to: Chris Daniel, District Clerk, Attn: Civil/Family PostTrial, P.O. Box4651, Houston, TX 77210-4651.

Payment also may be remitted in person at the following location: Chris Daniel, Distiict Clerk, Civil/Family Post Trial, 201 Caroline, Room 250, Houston, TX 77002.

Please beinformed that this correspondence is die only notice you will receive from diis office regarding this payment.

Sincerely,

DUANE C GILMORE, Deputy District Clerk Civil/Family Post Trial

API R04-30-92 Ogden, Gibson, Broocks, Longoria & Hall, l.l.p. V*"°N ATTORNEYS I OOO PENNZOlL SOUTH TOWER 02 1P 1 I LOUISIANA 0003211274 JUN 24 2015 MAILED FROM ZIP CODE 77002 HOUSTON, TEXAS 77002 Mr. Christopher A. Prine Clerk, First Court of Appeals Fannin Street Houston, TX 77002 '•-"-i.ss'.&.ici./'Eues ,_.-,j xzz .ji|Maiii|iuiiiipi|iiii]i|Muiihi.iii|])i'ii»bH|}iVM"