Page 1 of 11 Appellate Docket Number: Appellate Case Style: John B. O'Brien Vs. Cara Baker as the Executrix of the Estate of Kenneth Baker Companion Case No.: 

### DOCKETING STATEMENT (Civil) (to be filed in the court of appeals upon perfection of appeal under TRAP 32) Amended/corrected statement: Appellate Court:5th Court of Appeals I. Appellant

Address 2: Suite 1600 Address 1: 3710 Rawlins St. II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: O'Brien Middle Name: B. First Name: John Law Firm Name:McCathern, P.L.L.C. Suffix: Last Name: Farnia Middle Name: First Name: Farbod Lead Attorney

City: Dallas Zip+4: 75219 State: Texas Telephone: 214-741-2662 ext. Fax: 214-741-4717 Email: ffarnia@mccathernlaw.com SBN: 24078493 Person Organization (choose one)

I. Appellant

Address 2: Suite 1600 Address 1: 3710 Rawlins St. II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: O'Brien Middle Name: B. First Name: John Law Firm Name:McCathern, P.L.L.C. Suffix: II. Last Name: McCathern Middle Name: G. First Name: Levi Lead Attorney Person Organization (choose one) ACCEPTED 05-15-00489-CV FIFTH COURT OF APPEALS

DALLAS, TEXAS 4/15/2015 4:29:32 PM

LISA MATZ CLERKPage 2 of 11 City: Dallas Zip+4: 75219 State: Texas Telephone: 214-741-2662 ext. Fax: 214-741-4717 Email: lmccathern@mccathernlaw.com SBN: 00787990 I. Appellant

Address 2: Suite 1600 Address 1: 3710 Rawlins St. II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: O'Brien Middle Name: B. First Name: John Law Firm Name:McCathern, P.L.L.C. Suffix: Last Name: Grinke Middle Name: A. First Name: Paul Lead Attorney

City: Dallas Zip+4: 75219 State: Texas Telephone: 214-741-2662 ext. Fax: 214-741-4717 Email: p grinke@mccathernlaw.com SBN: 24032255 Person Organization (choose one)

I. Appellant

Address 2: Suite 1600 Address 1: 3710 Rawlins St. II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: O'Brien Middle Name: B. First Name: John Law Firm Name:McCathern, P.L.L.C. Suffix: Last Name: Green Middle Name: First Name: Blair Lead Attorney

City: Dallas Zip+4: 75219 State: Texas Telephone: 214-741-2662 ext. Fax: 214-741-4717 Email: b green@mccathernlaw.com SBN: 24087624 Person Organization (choose one)Page 3 of 11 I. Appellant

Address 2: Suite 2400 Address 1: 1445 Ross Avenue II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: O'Brien Middle Name: B. First Name: John Law Firm Name:Hallett & Perrin, P.C. Suffix: Last Name: De La Garza Middle Name: C. First Name: Leland Lead Attorney

City: Dallas Zip+4: 75202 State: Texas Telephone: 214-922-4164 ext. Fax: 214-922-4142 Email: ldelagarza@hallettperrin.com SBN: 05646600 Person Organization (choose one)

State: Texas Zip+4: 75254 ext. Telephone: 972-788-1400 Fax: 972-788-2667 Email: lfriedman@fflawoffice.com SBN: 07469300 Lead Attorney First Name: Lawrence Middle Name: J. Last Name: Friedman Suffix: Law Firm Name: Friedman & Feiger, LLP Address 1: 5301 Spring Valley Road Address 2: Suite 200 City: Dallas Person Organization (choose one)

Pro Se: Suffix: Last Name: Baker Middle Name: First Name: Cara III. Appellee IV. Appellee Attorney(s) Organization Name: Executrix of the Estate of Kenneth Baker

Lead Attorney First Name: Ryan Middle Name: Last Name: Lurich Suffix: Person Organization (choose one)
Last Name: Baker Middle Name: First Name: Cara III. Appellee IV. Appellee Attorney(s) Organization Name: Executrix of the Estate of Kenneth BakerPage 4 of 11 State: Texas Zip+4: 75254 ext. Telephone: 972-788-1400 Fax: 972-788-2667 Email: rlurich@fflawoffice.com SBN: 14013070 Law Firm Name: Friedman & Feiger, LLP Address 1: 5301 Spring Valley Road Address 2: Suite 200 City: Dallas Pro Se: Suffix:

State: Texas Zip+4: 75032 ext. Telephone: 972-771-8515 Fax: 972-771-4815 Email: keith@wheelerandwheeler.com SBN: 21257525 Lead Attorney First Name: Keith Middle Name: Last Name: Wheeler Suffix: Law Firm Name: Wheeler & Wheeler, P.C. Address 1: 965 W. Ralph Hall Parkway Address 2: Suite 101 City: Rockwall Person Organization (choose one)

Pro Se: Suffix: Last Name: Baker Middle Name: First Name: Cara III. Appellee IV. Appellee Attorney(s) Organization Name: Executrix of the Estate of Kenneth BakerPage 5 of 11 Yes No No Yes No Yes No Yes No

Yes No Yes Yes No

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Appeal from final judgment: Judgment or order disposes of all parties and issues: Yes No Yes No No Yes Does this case involve an amount under $100,000? 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 No Yes Agreed? (See TRAP 28.2): If yes, please specify statutory or other basis for such status: No Yes Permissive? (See TRAP 28.3): Parental Termination or Child Protection? (See TRAP 28.4): If yes, please specify statutory or other basis on which appeal is accelerated: Tex. R. App. P. 28.1(a) Accelerated appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Tex. Civ. Prac. & Rem. Code § 51.014(a)(4); Tex. R. App. P. 28.1(a) Interlocutory appeal of appealable order: If mailed to the trial court clerk, also give the date mailed: Date notice of appeal filed in trial court: April 13, 2015 Date order or judgment signed: April 7, 2015 Nature of Case (Subject matter or type of case): Contract Type of judgment: Interlocutory Order

If yes, please specify statutory or other basis for such status: No ■ Yes V. Perfection Of Appeal And Jurisdiction

VI. Actions Extending Time To Perfect Appeal Motion to Modify Judgment: If yes, date filed: Motion for New Trial: If yes, date filed: If yes, date filed: Request for Findings of Fact and Conclusions of Law: Motion to Reinstate: If yes, date filed: If yes, date filed: Motion under TRCP 306a: Other: If other, please specify: VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.) Affidavit filed in trial court: Contest filed in trial court: Ruling on contest: If yes, date filed: Yes No No Yes If yes, date filed: Date ruling on contest due: Sustained Overruled Date of ruling:Page 6 of 11 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: Rockwall County Court at Law

Suffix: Last Name: Williams Middle Name: First Name: Brian Trial Judge (who tried or disposed of case): Trial Court Docket Number (Cause No.): PR14-10A County: Rockwall County, Texas Clerk's Record:

Address 1: 1111 W. Yellow Jacket Lane Address 2 : Suite 403 City: Rockwall
Email: Fax: 972-204-6419 ext. Telephone: 972-204-6410 Zip + 4: 75087 State: Texas (Note: No request required under TRAP 34.5(a),(b)) Were payment arrangements made with clerk? No Yes Indigent If no, date it will be requested: April 20, 2015 If yes, date requested: Trial Court Clerk: District County Was clerk's record requested? Yes No

Reporter's or Recorder's Record: If yes, date requested: If no, date it will be requested: Was there a reporter's record electronically recorded? Was reporter's record requested?

No Yes Indigent No Yes No Yes No Yes Is there a reporter's record?
Were payment arrangements made with the court reporter/court recorder?Page 7 of 11 Email: Fax: Telephone: ext. State: Texas Zip + 4: City: Address 2: Address 1: Suffix: Last Name: Middle Name: First Name: Substitute Official Court Recorder Court Reporter

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

Should this appeal be referred to mediation? If no, please specify: Has the case been through an ADR procedure? If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? If other, please specify: Type of case? Contract Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if kno wn (without prejudice to the right to raise additional issues or request additional relief): Whether Order requiring deposit of $4,000,000.00 into Court's registry was abuse of discretion. How was the case disposed of? Summary of relief granted, including amount of money judgment, and if any, damages awarded. Actual damages: Punitive (or similar) damages: If money judgment, what was the amount? Yes No Pre-Trial Post-Trial Other XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, 11th , 12th, 13th, or 14th Court of Appeal) Yes NoPage 8 of 11 Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specify: Will you challenge this Court's jurisdiction? Does judgment have a Mother Hubbard clause? Does judgment have language that one or more parties "take nothing"? Other basis for finality? N/A - This is an interlocutory appeal 4 3 Rate the complexity of the case (use 1 for least and 5 for most complex): Please make my answer to the preceding questions known to other parties in this case. Can the parties agree on an appellate mediator?
Name of person filing out mediation section of docketing statement: Languages other than English in which the mediator should be proficient: Email Fax Telephone Address Name If yes, please give name, address, telephone, fax and email address: Yes No 1 2 3 4 5 Yes No Yes No No Yes Yes No

XIII. Related Matters

Vs. Style: In Re: John B. O'Brien Docket Number: N ot yet filed Trial Court: Rockwall County Court at Law List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.Page 9 of 11 XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts of Appeals) The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local B ar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent theappellant 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 upo n a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, an d can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. M ore 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 In ternet at www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Com mittee 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 fact s and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volu nteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committe e may have regarding the appeal? 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 an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your incomeexceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? 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? If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be foundin 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 an affidavit 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 kno wn (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).
XV. Signature Signature of counsel (or pro se party) Date: April 15, 2015 Yes No Yes No Yes No Yes No

Electronic Signature: /s/ Farbod Farnia (Optional) Printed Name: Farbod Farnia State Bar No.: 24078493Page 10 of 11 XVI. Certificate of Service The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties t o the trial court's order or judgment as follows on .
Person Served 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 that attorney April 15, 2015
State Bar No.: 24078493 Signature of counsel (or pro se party) Electronic Signature: /s/ Farbod Farnia (Optional)

If Attorney, Representing Party's Name: Executrix of the Estate of Kenneth Baker Email: lfriedman@fflawoffice.com Zip+4: 75254 State Texas City: Dallas Address 2: Suite 200 Address 1: 5301 Spring Valley Road Law Firm Name: Friedman & Feiger, LLP Suffix: Last Name: Friedman Middle Name: J. First Name: Lawrence Manner Served: eServed Date Served: April 15, 2015 Please enter the following for each person served:

Fax: 972-788-2667 Telephone: 972-788-1400 ext. Please enter the following for each person served:Page 11 of 11 If Attorney, Representing Party's Name: Executrix of the Estate of Kenneth Baker Email: rlurich@fflawoffice.com Zip+4: 75254 State Texas City: Dallas Address 2: Suite 200 Address 1: 5301 Spring Valley Road Law Firm Name: Friedman & Feiger, LLP Suffix: Last Name: Lurich Middle Name: First Name: Ryan Manner Served: eServed Date Served: April 15, 2015

Fax: 972-788-2667 Telephone: 972-788-1400 ext.

If Attorney, Representing Party's Name: Executrix of the Estate of Kenneth Baker Email: keith@wheelerandwheeler.com Zip+4: 75032 State Texas City: Rockwall Address 2: Suite 101 Address 1: 965 W. Ralph Hall Parkway Law Firm Name: Wheeler & Wheeler, P.C. Suffix: Last Name: Wheeler Middle Name: First Name: Keith Manner Served: eServed Date Served: April 15, 2015 Please enter the following for each person served:

Fax: 972-771-4815 Telephone: 972-771-8515 ext.