1

requested that the reporter's record be prepared; and paid for the

wishes to advise the Court that counsel has filed a notice of appeal;

has not been filed in the above-referenced cause of action. Counsel

1. Counsel for Appellant has been informed that the court reporter's record

court reporter in the above-referenced cause number, and respectfully states:

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LETICIA Loy A, Appellant, demonstrates her proof of payment to the

TO THE HONORABLE FIRST COURT OF APPEALS:

MOTION DEMONSTRATING PROOF OF PAYMENT TO COURT

REPORTER AND REQUESTING RELIEF PURSUANT TO RULE 37

Appeal from the 190th Judicial District Court, Harris County, Texas

Trial Court Cause No. 2012-33464

IAN TAYLOR,JACOBUSSTERKEN,STICHTINGTINSELGROUP, VITOL

HOLDINGII S.A., ANDTINSELGROUP,S.A.,

Appellees.

v.

LETICIA LOYA,

Appellant,

IN THE COURT OF ApPEALS

FOR THE FIRST DISTRICT OF TEXAS

AT HOUSTON

No.Ol-15-00197-CV

ACCEPTED

01-15-00197-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/8/2015 3:35:24 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/8/2015 3:35:24 PM CHRISTOPHER A. PRINE Clerk
preparation of the reporter's record, and in fact that check has already

been cashed on March 30, 2015. See Exhibit A (Notice of Appeal);

Exhibit B (March 12, 2015 Request for Record); and Exhibit C

(Endorsed Check in the Amount of$160.00 paid 3/30/15). Additionally,

counsel's staff has made multiple attempts at follow-up contact without

success. See Exhibit D (Follow-up Communications on 3/27/15, 4/1/15,

and 4/8/15).

2. Counsel for Appellant has met her obligations under Rule 35.3(b). Tex.

R. App. P. 35.3(b). See also Aguero v. Aguero, 225 S.W.3d 236, 237

(Tex. App.-EI Paso 2006, no pet.). Counsel understands this Court's

staff has also diligently sought filing of the record and made thorough

attempts at communication without success. While Counsel is confident

that the failure to file the report may be likely inadvertent or the result of

extenuating circumstances, Counsel is forced to respectfully request that

the Court make whatever order is appropriate to avoid further delay and

to preserve the parties' rights pursuant to Rule 37.3(a)(1). TEX. R. APP.

P.37.3(a)(1).

For these reasons, LETICIA LOYA, Appellant, requests that this Court

note Appellant's payment and fulfillment of her duties under Rule 35, and

make whatever order the Court deems appropriate to avoid further delay and

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Jennifer Job

I hereby certify that a copy of this motion demonstrating proof of

payment to court reporter has been sent to all known counsel of record as

well as Ms. Patricia Palmer, via e-mail and via certified mail #7004 1350

00004623 5934 on April 8, 2015.

CERTIFICATE OF SERVICE

By: / s / Jenniter Job

Jennifer Job

Texas State Bar No. 24050682

James Payne

Texas State Bar No. 00788171

ATTORNEYS FOR APPELLANT

/ s/ Jennifer Job

PROVOST*UMPHREY LAW FIRM,

L.L.P.

490 Park Street

P. O. Box 4905

Beaumont, Texas 77704

(409) 835-6000

(409) 813-8682 (FAX)

requests any other relief to which she may be entitled.

to preserve the parties' rights pursuant to Rule 37.3(a)(1). Appellant also

Respectfully submitted,
,

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EXHIBIT A
1

1 The District Court signed the Order of Severance rendering these final and

appealable orders on January 26, 2015 and an Amended Severance Order

clarifying the docket number.

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Selection Clause signed January 15, 2015,1

granting Miguel Loya's Motion to Dismissed Based on a Mandatory Forum

Antonio Maarraoui signed December 9, 2014; as well as the district court's order

Based on Mandatory Forum Selection Clauses of Vitol, Inc., Michael Metz, and

Appeals from the district court's order granting the Amended Motions to Dismiss

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named case, hereby appeals to the First or the Fourteenth Houston Court of

NOTICE IS HEREBY GIVEN that Leticia B. Loya, Plaintiff in the aboveNOTICE OF APPEAL

190th JUDICIAL DISTRICT

HAJUUSCOUNTY,TEXAS

Defendants.

HARRY L. TINDALL,

INDIVIDUALLY,

AND TINDALL & ENGLAND

vs.

Plaintiff,

LETICIAB. LOYA

CAUSE NO. 2012-33464-A

§ IN THE DISTRICT COURT OF

§

§

§

§

§

§

§

§

§

§
2

Jennifer Job

I HEREBY CERTIFY that a true and correct copy of the foregoing

instrument has been furnished to all known counsel of record via EFILE andlor

certified mail, return receipt requested on this 25th day of February, 2015.

CERTIFICATE OF SERVICE

ATTORNEY FOR PLAINTIFF

By: lsi Jennifer Job

Jennifer Job

State Bar No. 24050682

James E. Payne

State Bar No. 00788171

PROVOST * UMPHREY LAW FIRM, L.L.P.

490 Park Street

P.O. Box 4905

Beaumont, Texas 77704

(409) 835-6000

(409) 813-8605 (FAX)

Respectfully submitted,

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EXHIBITB

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Genia Marks

Legal Assistant to James E. Payne

Provost Umphrey Law Firm, LLP

490 Park Street

P.O. Box 4905

Beaumont, Texas 77704

409/835-6000

Fax: 409/813-8605

We received notice from the Court of Appeals (CauseNo. 01-lS-00197-CV) stating that the reporter's record is due to be

filed on or before March is". Pleaseadvise our office of the charge and to whom the check needsto be issued. Thank

you for your prompt attention to this matter and I askthat you do not hesitate to contact me with any questions or

concerns.

Ms. Palmer,

Genia Marks

Thursday, March 12, 2015 11:20 AM

'Patricia A. Palmer'

Reporter's Record Cause No. 2012-33464-A

From:

Sent:

To:

Subject:

Genia Marks

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EXHIBITD
From: Genia Marks

Sent: Friday, March 27, 2015 8:27 AM

Genia Marks

Legal Assistant to James E. Payne

Provost Umphrey Law Firm, LLP

490 Park Street

P.O. Box 4905

Beaumont, Texas 77704

409/835-6000

Fax: 409/813-8605

Thanks,

Just following up on the below.

Patricia,

From: Genia Marks

Sent: Wednesday, April 01, 2015 9:01 AM

To: Genia Marks; 'Patricia A. Palmer'

Subject: RE: Reporter's Record Cause No. 2012-33464-A

Importance: High

Genia Marks

Legal Assistant to James E. Payne

Provost Umphrey Law Firm, LLP

490 Park Street

P.O. Box 4905

Beaumont, Texas 77704

409/835-6000

Fax: 409/813-8605

Thanks,

I received a call from the 1st eOA regarding the reporter's record that needs to be filed in Cause No. 01-15-00197-CV.

Please advise when you expect to have same filed.

Patricia,

Importance: High

Genia Marks

Wednesday, April 08, 2015 11:22 AM

Genia Marks; 'Patricia A. Palmer'

RE: Reporter's Record Cause No. 2012-33464-A

From:

Sent:

To:

Subject:

Genia Marks

1
Genia Marks

Legal Assistant to James E. Payne

Provost Umphrey Law Firm,LLP

490 Park Street

P,O. Box 4905

Beaumont, Texas 77704

409/835-6000

Fax: 409/813-8605

Pleasesee attached. If you have any questions or need any additional information, please do not hesitate to contact

me.

-----0riginaI Message-----

From: Genia Marks <GMarks@provostumphrey,com>

To: 'Patricia A. Palmer' <patriciapalmercsr@aol.com>

Sent: Thu, Mar 12, 20151:16 pm

Subject: RE: Reporter's Record Cause No, 2012-33464-A

Patricia Palmer

1300Wilcrest Drive

Apartment No, 315

Houston, Texas 77042

Please make check or money order payable to:

The total cost for the record is $160

From: Patricia A. Palmer [mailto:patriciapalmercsr@aol.com]

Sent: Monday, March 16, 2015 9:16 AM

To: Genia Marks

Subject: Re: Reporter's RecordCause No. 2012-33464-A

Genia Marks

Legal Assistant to James E, Payne

Provost Umphrey Law Firm, LLP

490 Park Street

P,O. Box 4905

Beaumont, Texas 77704

409/835-6000

Fax: 409/813-8605

Pleaseadvise if the Reporter's Record has been filed with the Court of Appeals (Cause No. 01-15-00197-CV) Thank you

for your prompt attention to this matter and I look forward to hearing from you soon.

Good morning Ms. Palmer,

To: 'Patricia A. Palmer'

Subject: RE: Reporter's RecordCauseNo. 2012-33464-A

Importance: High

2
3

1° 1

This e-mail and any files transmitted with it is confidential and is intended solely for the use of the individual or entity to whom they are

addressed. This communication may contain material protected by the Attorney-Client privilege.If you are not the intended recipient or

the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that

any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error,

please immediately return this e-mail tothesenderortopostmaster@provostumphrey.com. Thank you.

Genia Marks

Legal Assistant to James E. Payne

Provost Umphrey Law Firm, LLP

490 Park Street

P.O. Box 4905

Beaumont, Texas 77704

409/835-6000

Fax: 409/813-8605

We received notice from the Court of Appeals (Cause No. 01-15-00197-CV) stating that the reporter's record is due to be

filed on or before March 16th. Please advise our office of the charge and to whom the check needs to be issued. Thank

you for your prompt attention to this matter and I ask that you do not hesitate to contact me with any questions or

concerns.

Ms. Palmer,

On Thursday, Mal"Ch12, 2015 Genia Marks <GMarks@provostumphrey.com> wrote:

Sent from AOL Mobile Mail

Can you please provide me with the notice. Thanks!

From: Patricia A. Palmer [mailto:patriciapalmercsr@aot.com]

Sent: Thursday, March 12, 2015 12:48 PM

To: Genia Marks

Subject: RE: Reporter's Record Cause No. 2012-33464-A