ACCEPTED 14-15-00291-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 5/15/2015 5:17:32 PM CHRISTOPHER PRINE CLERK NO. 14-15-00291-CV In The FILED IN 14th COURT OF APPEALS Fourteenth Court of Appeals HOUSTON, TEXAS 5/15/2015 5:17:32 PM CHRISTOPHER A. PRINE Houston, Texas Clerk

Eric E. Perez and Edmundo Perez, Appellants, v. Le Prive Enterprises, LLC, d/b/a Mekano Live & Grill, and Manuel Arellano, Appellees.

On Appeal from the 127th Judicial District Court of Harris County, Texas Trial Court Cause No. 2013-74140 APPELLEESʼ OBJECTION TO THE COURTʼS ABATEMENT ORDER AND REFERRAL TO MEDIATION

Daniel W. Jackson, SBN 00796817 Scott K. Vastine, SBN 24056469 Jennifer H. Frank, SBN 24087537 The Jackson Law Firm 3900 Essex Lane, Suite 1116 Houston, Texas 77027 (713) 522-4435 (713) 527-8850 – fax Counsel for Appellees TO THE HONORABLE FOURTEENTH COURT OF APPEALS: Appellees Le Prive Enterprises, LLC, d/b/a Mekano Live & Grill and Manuel Arellano respectfully object to the Courtʼs abatement order and referral to mediation pursuant to Section 154.022 of the Texas Civil Practice and Remedies Code. Mediation will be futile for the following reasons: • Appellees literally have no means to make an offer; • Mediation will only cause appellees to incur costs, which they have no means to pay; • Appellantsʼ counsel has already been advised that appellees no longer own the nightclub at issue because appellees were behind on rent and the landlord locked them out. Therefore, appellees do not have standing to offer appellants ownership in the nightclub or compensation for management of the nightclub.

Put simply, appellees are not in a position to offer any amount to settle this case, and there are no other non-monetary issues on which the parties can reach an agreement. Because there is no possibility of resolution by mediation, appellees respectfully request that the Court sustain appelleesʼ objection to mediation and reinstate this case on its active docket.

WHEREFORE, appellees Le Prive Enterprises, LLC, d/b/a Mekano Live & Grill and Manuel Arellano respectfully request that the Court sustain

appelleesʼ objection to mediation and reinstate the case on this Courtʼs active docket.

Respectfully submitted:

/s/ Daniel W. Jackson Daniel W. Jackson, SBN 00796817 Scott K. Vastine, SBN 24056469 Jennifer H. Frank, SBN 24087537 3900 Essex Lane, Suite 1116 Houston, Texas 77027 (713) 522-4435 (713) 527-8850 – fax [email protected] [email protected] [email protected] Counsel for Appellees

CERTIFICATE OF SERVICE I certify that a copy of the foregoing document was served on all counsel of record, via ProDocs, on May 15, 2015: James Nathan Overstreet J. Nathan Overstreet & Assoc., P.C.

8711 Highway 6 North, Suite 230 Houston, Texas 77095 Via email: [email protected] /s/ Daniel W. Jackson Daniel W. Jackson