# EXHIBIT A

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John P. Vemke*

jvenzke@comcast.net

*Board Certified Civil Trial Law

Texas Board of Legal Specialization THE VENZKE LAW FIRM

POST OFFICE Box 667485

HOUSTON, TEXAS 77266

(713) 522-1190

FACSIMILE (713) 559-0333

Tamera L. \ 1 enzke

tvcnzke@comcast.net

REQUEST FOR SUPPLEMENTAL REPORTER'S RECORD PURSUANT TO

RULE 34.6(d) TEXAS RULES OF APPELLATE PROCEDURE

By email and facsimile transmission

Ms. Mindy Hall

Court Reporter, 268th Judicial District Court

301 Jackson Street

Richmond, Texas 77469 July 14, 2015

Re: Cause No. 13-DCV-211293, Xiangxiang Tang et al vs. Yvonne Tran, el al,

in the 268th District Court of Fort Bend County, Texas

Dear Ms. Hall: No. 01-15-00163-CV; Xiangxiang Tang v. Klaus Wiegand; In the First Court of

Appeals for the First District, at Houston, Texas

Reference is made to my letter dated July 1, 2015, and John v\/esley Wauson' s letter to you

dated July 2, 2015, a copy of which is enclosed.

To make my position clear, I am not asking that you include in the reporter's record

Plaintiffs Exhibit 77 as I agree with lvir. vVauson's letter that "[i]t does not appear that Exhibit 77

was ever admitted or that reference to it by Exhibit Number was made in the Reporter's Record."

As reflected in my original July 1, 2015, letter my request regards any testimony, Court

hearing or exhibit list that reflects Exhibit 77 was neither offered nor admitted into evidence. If

no such testimony or documents exists, please let me know.

1 '··•: ,<I appreciate you for your continued cooperation.

Cc: 

### Mr. John Wesley Wauson

Clerk, First Court of Appeals

2 Sincerely,

# \?G~ P. Venzke

# •

•

• JOHi.'l" WESLEY 10\:A.USDN

j wwauson@w-pla w .e-0m

BOARD CBRTJFlfID,**Clyi!Trl~l** Law**Texa~** Bo:trd of Lceal Sjlecin!iznt!oo 

# Wauson+Probus

A Professional Corporation

ATTORNEYS AT LAW

ONE SUGAR CREEK CENTER BLVD,, SUJTE 880

SUGAR LAND, TEXAS 77478

281-242-0303 -Telephone

281-242-0306

- Toleccipiet MATTHE'\\' :S. PROBUS

mbprobus@w-plaw.com

Abo llccn•ed In lhc Commonwenlth

of**Mu~n~hui6tt.\**

OBJECTION TO APPELLEE'S REQUEST FOR SUPPLElYIENTAL

REPORTER'S RECORD PURSUANT TO RULE 34.6( d),

TEXASRULESOFAPPELLATEPROCEDURE

July 2, 2015

Via Fax: (281) 341-8614

Ms. l'vfindy Hall

Court Reporter, 268th Judicial District Court

1422 Eugene Heimann Circle

Richmond, TX 77469

Re: Cause No. 13-DCV-211293

Re: XJANGXIANG TANG, Individually and as a shareholder on behalf of L.T.L.

Medspa, Inc. v. YVONNE TRAN, KLAUS WIEGAND and L.T.L. MEDSPA, INC.;

In the 268'h Judicial District Court, Fort Bend County, Texas

Case No. 01-15-00163-CV; Xiangxiang Tang v. Klaus Wiegand; In the First

District Court of Appeals in Houston, Texas

Dear M:s. Hall:

We are in receipt of the letter Request to you from Mr. Venzke, counsel for the Appellee

in the referenced appeal. We have reviewed the requests we made earlier and the Reporter's Record

provided to the Court of Appeals. 

### It appears complete based upon our requests.

The requirements of the Reporter's Record are found at Rule 34.6(a)(l) and (2), Tex. R.

App. P. Mr. Venzke's request to you seeks documents that are not portions of the standard

stenographic reporter's record, including exhibits introduced into evidence or electronic record

with exhibits introduced into evidence. It does not appear that Exhibit 77 was ever admitted or that

reference to it by Exhibit Number was made in the Reporter's Record. Accordingly, I believe that

Mr. Venzke's request is inapprop1iate.

Thank you for your attention.

cc: John Venzke, Esq. (via fax)From: John W. Wauson

To: jvenzke@comcast.net ; Mindy Hall

Cc: Sharon Dianiska

Subject: RE: Tang v. Tran; No. 13-DCV-211293

Date: Tuesday, July 14, 2015 10:18:46 AM

All

I don’t think it was offered either since it is not referenced in the attorney’s fee testimony I

presented.

John Wesley Wauson



### W AUSON | 

### P ROBUS

One Sugar Creek Center Blvd., Suite 880

Sugar Land, Texas 77478

(281) 242-0303 - Telephone

(281) 242-0306 – Fax

(281) 450-4487 – Cell

jwwauson@w-plaw.com

This email message and any attachments are for the sole use of the intended recipient(s) and contain confidential

and/or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not

the intended recipient, please contact the sender by reply email and destroy all copies of the original message and

any attachments

From: jvenzke@comcast.net [mailto:jvenzke@comcast.net]

Sent: Tuesday, July 14, 2015 10:14 AM

To: Mindy Hall

Cc: John W. Wauson; Sharon Dianiska

Subject: Re: Tang v. Tran; No. 13-DCV-211293



### From: jvenzke@comcast.net

To: "Mindy Hall" < Mindy.Hall@fortbendcountytx.gov >

Sent: Monday, July 6, 2015 9:31:20 AM

Subject: Re: Tang v. Tran; No. 13-DCV-211293

Thanks; my mistake about it being offered.

John Venzke

From: "Mindy Hall" < Mindy.Hall@fortbendcountytx.gov >

To: " jvenzke@comcast.net " < jvenzke@comcast.net >

Sent: Monday, July 6, 2015 9:25:59 AM

Subject: RE: Tang v. Tran; No. 13-DCV-211293

Mr. Venzke,

I will have to check on this. I was out of the office last week, Tuesday through Friday.In my previous e-mail to you, I explained there were no exhibits included in the appellate record

because none were included in Mr. Wauson’s Designation of Reporter’s Record. I did inform you

though that Exhibit 77 was never admitted. I did not say that it was not offered. Again, I will have

to check the record and I will get back to you.

Mindy Hall

From: jvenzke@comcast.net [ mailto:jvenzke@comcast.net ]

Sent: Thursday, July 02, 2015 8:02 AM

To: Hall, Mindy

Cc: John W. Wauson; Sharon Dianiska

Subject: Re: Tang v. Tran; No. 13-DCV-211293



### Mindy

As a follow up to my formal request, enclosed is the Exhibit List filed by Plaintiff's

which reflect Exhibit 77 was "Wauson Probus Attorney's Fee Statements

(redacted)." What I am looking for is this form, or whatever you used to keep track

of the trial exhibits, which indicates Offered and Admitted as it relates to Exhibit 77.

Thanks.

John Venzke

From: jvenzke@comcast.net

To: "Mindy Hall" < Mindy.Hall@fortbendcountytx.gov >

Cc: "John W. Wauson" < jwwauson@w-plaw.com >, "Sharon Dianiska"

< sdianiska@w-plaw.com >

Sent: Wednesday, July 1, 2015 10:50:18 AM

Subject: Re: Tang v. Tran; No. 13-DCV-211293

Request for Supplemental Reporter's Record Pursuant to Rule 34.6(d) Texas

Rules of Appellate Procedure

From: "Mindy Hall" < Mindy.Hall@fortbendcountytx.gov >

To: " jvenzke@comcast.net " < jvenzke@comcast.net >

Sent: Tuesday, June 30, 2015 9:58:06 AM

Subject: RE: Tang v. Tran; No. 13-DCV-211293

Mr. Venzke,

There were no exhibits that went up with the appeal because they were not included in Mr.

Wauson’s Designation of Reporter’s Record for the appeal. I also note that Exhibit 77 was not

admitted at the trial.

MindyFrom: jvenzke@comcast.net [ mailto:jvenzke@comcast.net ]

Sent: Monday, June 29, 2015 1:12 PM

To: Hall, Mindy

Subject: Re: Tang v. Tran; No. 13-DCV-211293



### Mindy

I noticed that Exhibit 77 (copies of Wauson's attorneys' fees) was not in the the

testimony you prepared and filed. I looked at the District Court's website and they

are not listed in that record. Do you have this Exhibit as part of the testimony ? If

so, and I want to add for the appeal, what do you need from me to do so ? I know I

need to file Motion with Court of Appeals, but what do you need from me to include it

?

Thanks.

John P. Venzke

The Venzke Law Firm.

713-522-1190

713-816-6908 cell

jvenzke@comcast.net

From: jvenzke@comcast.net

To: "Mindy Hall" < Mindy.Hall@fortbendcountytx.gov >

Sent: Tuesday, June 2, 2015 10:35:21 AM

Subject: Re: Tang v. Tran; No. 13-DCV-211293

No problem; do it all the time. Did not want you to miss a deadline.

From: "Mindy Hall" < Mindy.Hall@fortbendcountytx.gov >

To: " jvenzke@comcast.net " < jvenzke@comcast.net >

Sent: Tuesday, June 2, 2015 10:15:13 AM

Subject: RE: Tang v. Tran; No. 13-DCV-211293

Yes. Sorry about that.

From: jvenzke@comcast.net [ mailto:jvenzke@comcast.net ]

Sent: Tuesday, June 02, 2015 10:13 AM

To: Hall, Mindy

Subject: Re: Tang v. Tran; No. 13-DCV-211293



### Do you mean **6** 24 ?

From: "Mindy Hall" < Mindy.Hall@fortbendcountytx.gov >

To: " jvenzke@comcast.net " < jvenzke@comcast.net >

Sent: Tuesday, June 2, 2015 9:31:23 AM

### Subject: RE: Tang v. Tran; No. 13-DCV-211293

No, I filed an extension. My record is due 5/24.

Thanks!

From: jvenzke@comcast.net [ mailto:jvenzke@comcast.net ]

Sent: Tuesday, June 02, 2015 9:27 AM

To: Hall, Mindy

Subject: Re: Tang v. Tran; No. 13-DCV-211293



### Mindy

I noticed the Court of Appeals says it recievd the reporter's record. But all they have

are two hearings typed up by Stephanie Webb. Have you filed the other part of the

record ?

Thanks.

John Venzke

From: "Mindy Hall" < Mindy.Hall@fortbendcountytx.gov >

To: " jvenzke@comcast.net " < jvenzke@comcast.net >

Sent: Thursday, March 19, 2015 1:47:27 PM

Subject: RE: Tang v. Tran; No. 13-DCV-211293

No problem. Thanks for letting me know. Have a nice afternoon.

Mindy

From: jvenzke@comcast.net [ mailto:jvenzke@comcast.net ]

Sent: Thursday, March 19, 2015 1:46 PM

To: Hall, Mindy

Subject: Re: Tang v. Tran; No. 13-DCV-211293



### Mindy

After all your work my clients decided not to have any thing added to the record.

They re broke.

Thanks again.

John Venzke

### From: "Mindy Hall" < Mindy.Hall@fortbendcountytx.gov >

To: " jvenzke@comcast.net " < jvenzke@comcast.net >

Sent: Tuesday, March 17, 2015 5:04:50 PM

Subject: RE: Tang v. Tran; No. 13-DCV-211293

The cost for the appellate record you requested which includes the testimony of Andy Tang and

Yvonne Tran is $3,000.

The cost for the two bills of exceptions, if you choose to include them, is $344.

Please let me know how you wish to proceed.

Thanks,

Mindy Hall

From: jvenzke@comcast.net [ mailto:jvenzke@comcast.net ]

Sent: Tuesday, March 17, 2015 4:07 PM

To: Hall, Mindy

Subject: Re: Tang v. Tran; No. 13-DCV-211293



### Good point; if we do it, and I do not think client's can pay so probably moot, but it

would include our two bill of exceptions and, with Tang and Tran, that is it.

Thanks.

From: "Mindy Hall" < Mindy.Hall@fortbendcountytx.gov >

To: " jvenzke@comcast.net " < jvenzke@comcast.net >

Sent: Tuesday, March 17, 2015 2:08:16 PM

Subject: RE: Tang v. Tran; No. 13-DCV-211293

Wes has ordered the testimony of Klaus Weigand and his own testimony on attorney’s fees, pretrial

motions, bench conferences, charge conference, and the hearings from 10/31/14 and 11/14/14.

I’m just confirming that you don’t need Voir Dire, anything concerning Defendant’s two bills of

exceptions, opening statements, closing arguments, any of the jury questions, the reading of the

verdict, et cetera.

From: jvenzke@comcast.net [ mailto:jvenzke@comcast.net ]

Sent: Tuesday, March 17, 2015 1:06 PM

To: Hall, Mindy

Subject: Re: Tang v. Tran; No. 13-DCV-211293



### Hasn't Wes ordered the rest ?

From: "Mindy Hall" < Mindy.Hall@fortbendcountytx.gov >

To: " jvenzke@comcast.net " < jvenzke@comcast.net >

### Sent: Tuesday, March 17, 2015 12:54:28 PM

Subject: RE: Tang v. Tran; No. 13-DCV-211293

I want to clarify that you’re only asking me for the cost for the testimony of Ms. Tran and Mrs. Tang?

From: jvenzke@comcast.net [ mailto:jvenzke@comcast.net ]

Sent: Friday, March 13, 2015 8:37 AM

To: Hall, Mindy

Subject: Re: Tang v. Tran; No. 13-DCV-211293



### Any luck on a figure ?

Thanks.

John Venzke

From: "Mindy Hall" < Mindy.Hall@fortbendcountytx.gov >

To: " jvenzke@comcast.net " < jvenzke@comcast.net >

Sent: Wednesday, March 11, 2015 5:21:55 PM

Subject: RE: Tang v. Tran; No. 13-DCV-211293

Mr. Venzke,

I will work on a cost and let you know.

Thanks,

Mindy Hall

From: jvenzke@comcast.net [ mailto:jvenzke@comcast.net ]

Sent: Wednesday, March 11, 2015 9:34 AM

To: Hall, Mindy

Subject: Tang v. Tran; No. 13-DCV-211293



### Mindy

As you may recall, I represeted Yvonne Tran and Klaus Wiegland in this case.

I see that Wes Wauson has requested a partial statement of facts. Can you give me

an estimate of how much the remainder would cost ? That would be the testimony of

Mrs. Tang and Ms. Tran.

Thanks.

John Venzke