ACCEPTED 05-19-00668-CV 05-19-00668-CV FIFTH COURT OF APPEALS DALLAS, TEXAS Appellate Docket Number: 05-19-00668-CV 6/20/2019 2:15 PM LISA MATZ Appellate Case Style: Caregiver 1, Inc., Caregiver 2, Inc., and Daybreak, Inc., and Ashtaun Breele Mallory CLERK Vs. James Hefner, as Next Friend of Brian Randolph Hefner Companion Case(s): Amended/Corrected Statement FILED IN DOCKETING STATEMENT (Civil)5th DALLAS, COURT OF APPEALS TEXAS Appellate Court: 5th Court of Appeals 6/20/2019 2:15:45 PM (to be filed in the court of appeals upon perfection of appeal under TRAP LISA32) MATZ Clerk NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.

I. Appellant II. Appellant Attorney(s) - Continued Person Organization Lead Attorney Select Name: Ashtaun Breele Mallory Name: Pro Se Bar No. If Pro Se Party, enter the following information: Firm/Agency: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: II. Appellant Attorney(s) Email: Lead Attorney Retained Attorney Select Lead Attorney Name: Andrew T. Fifield Name: Bar No. 06982500 Bar No. Firm/Agency: Touchstone Bernays Firm/Agency: Address 1: 1717 Main Street Address 1: Address 2: Suite 3400 Address 2: City/State/Zip: Dallas, Texas 75201 City/State/Zip: Tel. (214) 741-1166 Ext. Fax: (214) 741-7548 Tel. Ext. Fax: Email: [email protected] Email: Lead Attorney Retained Attorney Lead Attorney Select Name: Amie P. Fordan Name: Bar No. 24036580 Bar No. Firm/Agency: Touchstone Bernays Firm/Agency: Address 1: 1717 Main Street Address 1: Address 2: Suite 3400 Address 2: City/State/Zip: Dallas, Texas 75201 City/State/Zip: Tel. (214) 741-1166 Ext. Fax: (214) 741-7548 Tel. Ext. Fax: Email: [email protected] Email: Page 1 of 11 III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Retained Attorney Name: James Hefner, as Next Friend of Brian Randolph Hefner Name: F. Leighton Durham, III Pro Se Bar No. 24012569 If Pro Se Party, enter the following information: Firm/Agency: Durham, Pittard & Spalding, LLP Address: Address 1: PO Box 224626 City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Dallas, Texas 75222 Email: Tel. (214) 946-8000 Ext. Fax: (214) 946-8433 Email: [email protected] IV. Appellee Attorney(s) Lead Attorney Retained Attorney Lead Attorney Retained Attorney Name: Stephen Malouf Name: Morgan A. McPheeters Bar No. 12888100 Bar No. 24081279 Firm/Agency: Malouf & Nockels Firm/Agency: Durham, Pittard & Spalding, LLP Address 1: 6688N. Central Expy. Address 1: PO Box 224626 Address 2: Suite 1050 Address 2: City/State/Zip: Dallas, Texas 75206 City/State/Zip: Dallas, Texas 75222 Tel. (214) 969-7373 Ext. Fax: (214) 969-7648 Tel. (214) 946-8000 Ext. Fax: (214) 946-8433 Email: [email protected] Email: [email protected]

Lead Attorney Retained Attorney Lead Attorney Select Name: Peter Malouf Name: Bar No. 24006539 Bar No. Firm/Agency: Law Office of Peter G. Malouf Firm/Agency: Address 1: PO Box 12745 Address 1: Address 2: Address 2: City/State/Zip: Dallas, Texas 75225 City/State/Zip: Tel. (972) 971-5509 Ext. Fax: (866) 272-8779 Tel. Ext. Fax: Email: [email protected] Email:

Page 2 of 11 V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Personal Injury Date Order or Judgment signed: 05/30/2019 Type of Judgment: Interlocutory Order Date Notice of Appeal filed in Trial Court: 06/17/2019 If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Civil Practice & Remedies Code § 51.014(a)(9), § 74.351, et seq.

Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated: Civil Practice & Remedies Code § 51.014(a)(9), § 74.351, et seq.

Parental Termination or Child Protection? (See TRAP 28.4): Yes No Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule? Yes No If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? Yes No Judgment or Order disposes of all parties and issues? Yes No Appeal from final judgment? Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No

VI. Actions Extending Time to Perfect Appeal Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: Other: Yes No If Other, please specify:

Page 3 of 11 VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.)

Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Yes No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No Date of Order: If yes, trial court finding: Challenge Sustained Overruled VIII. Bankruptcy Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal?

Yes No If yes, please attach a copy of the petition.

Date bankruptcy filed: Bankruptcy Case Number: IX. Trial Court and Record Court: 14th District Court Clerk’s Record County: Dallas County Trial Court Clerk: ✔ District County Trial Court Docket No. (Cause No.): Was Clerk’s record requested? ✔ Yes No Cause No. DC-18-07724 If yes, date requested: 06/20/2019 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: Eric Moye Were payment arrangements made with clerk?

Address 1: George Allen Courts Building ✔ Yes No Indigent Address 2: 600 Commerce Street, 5th Floor (Note: No request required under TRAP 34.5(a),(b).)

City/State/Zip: Dallas, Texas 75202 Tel. (214) 653-6000 Ext. Fax: (214) 653-6001 Email: [email protected]

Page 4 of 11 IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: 06/10/2019 If no, date it will be requested: Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Yes No Indigent

Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Diane Robert Name: Address 1: 14th District Court Address 1: Address 2: 600 Commerce Street, 5th Floor Address 2: City/State/Zip: Dallas, Texas 75202 City/State/Zip: Tel. (214) 653-7298 Ext. Fax: (214) 653-6001 Tel. Ext. Fax: Email: Email:

X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, will file? Yes No XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes No If yes, briefly state the basis for your request:

Page 5 of 11 XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)

Should this appeal be referred to mediation? Yes No If no, please specify: Mediation is already scheduled.

Has this case been through an ADR procedure? Yes No If yes, who was the mediator?

What type of ADR procedure?

At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify: Type of Case? Personal Injury Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): Whether the matter is governed by Chapter 74 of the Civil Practice & Remedies Code and, if so, whether the Plaintiff timely served adequate expert reports pursuant to section 74.351.

How was the case disposed of? Appellants' Motion to Dismiss was denied.

Summary of relief granted, including amount of money judgment, and if any, damages awarded.

If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: Attorney’s fees (trial): Attorney’s fees (appellate): Other: If other, please specify: Will you challenge this Court’s jurisdiction? Yes No Does judgment have language that one or more parties “take nothing”? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis for finality: Permissible interlocutory appeal.

Page 6 of 11 XII. Alternative Dispute Resolution/Mediation - Continued (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)

Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 4 5 Please make my answer to the preceding questions known to other parties in this case? Yes No Can the parties agree on an appellate mediator? Yes No If yes, please give the name, address, telephone, fax, and email address: Name: Address: Telephone: Ext.

Fax: Email: Languages other than English in which the mediator should be proficient:

Name of the person filling out mediation section of docketing statement:

XIII. Related Matters List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style.

Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs.

Page 7 of 11 XIV. Pro Bono Program: (Complete section if filing in the 1st, 2nd, 3rd, 5th, 7th, 13th or 14th Court of Appeals.)

The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court.

The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at http://www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement.

Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys.

Do you want this case to be considered for inclusion in the Pro Bono Program? Yes No Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? Yes No Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program.

If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes No If yes, please attach a Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee.

Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial circumstances.

Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).

Page 8 of 11 XV. Signature 06/20/2019 Signature of counsel (or Pro Se Party) Date Amie P. Fordan 24036580 Printed Name State Bar No. /s/ Amie P. Fordan Amie P. Fordan Electronic Signature (Optional) Name

XVI. Certificate of Service The undersigned counsel certifies that this Docketing Statement has been served on the following lead counsel for all parties to the Trial Court’s Order or Judgment as follows on: /s/ Amie P. Fordan Signature of counsel (or Pro Se Party) Electronic Signature (Optional) 24036580 State Bar No. Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party’s attorney, the name of the party represented by the attorney.

Page 9 of 11 Please enter the following for each person served: Date Served: 06/20/2019 Date Served: 06/20/2019 Manner Served: eServe Manner Served: eServe Name: Stephen F. Malouf Name: Peter G. Malouf Bar No. 12888100 Bar No. 24006539 Firm/Agency: MALOUF & NOCKELS Firm/Agency: THE LAW OFFICE OF PETER G. MALOUF Address 1: 6688N. Central Expy. Address 1: P.O. Box 12745 Address 2: Suite 1050 Address 2: City/State/Zip: Dallas, Texas 75206 City/State/Zip: Dallas, Texas 75225 Tel. (214) 969-7373 Ext. Fax: (214) 969-7648 Tel. (972) 971-5509 Ext. Fax: (866) 272-8779 Email: [email protected] Email: [email protected] Party: Appellee/Plaintiff Party: Appellee/Plaintiff Date Served: 06/20/2019 Date Served: 06/20/2019 Manner Served: eServe Manner Served: eServe Name: F. Leighton Durham, III Name: John M. Cox Bar No. 24081279 Bar No. 04949900 Firm/Agency: DURHAM, PITTARD & SPALDING, LLP Firm/Agency: John M. Cox & Associates, PC Address 1: P.O. Box 224626 Address 1:325 N. St. Paul Street Address 2: Address 2:Suite 2350 City/State/Zip: Dallas, Texas 75222 City/State/Zip: Dallas, Texas 75201 Tel. (214) 946-8433 Ext. Fax: Tel. (214) 939-9000 Ext. Fax: (214) 939-9001 Email: [email protected] Email: [email protected] Party: Appellee/Plaintiff Party: Defendant Caregiver 1, Inc. et al.

Date Served: 06/20/2019 Manner Served: eServe Name: Felicia A. Norvell Bar No. 24005298 Firm/Agency: John M. Cox & Associates, PC Address 1: 325 N. St. Paul Street Address 2: Suite 2350 City/State/Zip: Dallas, Texas 75201 Tel. (214) 939-9031 Ext. Fax: (214) 939-9001 Email: [email protected] Party: Defendant Caregiver 1, Inc. et al.

Page 10 of 11 Please enter the following for each person served that is not an attorney for a party: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext.

Fax: Fax: Email: Email: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext.

Fax: Fax: Email: Email: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext.

Fax: Fax: Email: Email:

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