Appellate Docket Number: 05-12-01429-CV 

Appellate Case Style: Jim Silliman 

Vs. Luxor Contracting, Inc., d/b/a Luxor Staffing 

Companion Case No.: 

Amended/corrected statement: x DOCKETING STATEMENT (Civil) 

Appellate Court:5th Court of Appeals 

(to be filed in the court of appeals upon perfection of appeal under TRAP 32) 

I Appellant r 4t ' r 'Appellant AttorneY(

5)1. , 

, _ 

0 Person fl Organization (choose one) CI Lead Attorney 

First Name: Jim 

Middle Name: 

Last Name: Silliman 

Suffix: 

Pro Se: 0 

First Name: Norvin 

Middle Name: Reed 

Last Name: Silliman 

Suffix: 

Law Firm Name: Faegre, Baker & Daniels, LLP 

Address 1: 111 E. Wayne Street 

Address 2: Suite 800 

City: Fort Wayne 

State: Indiana Zip+4: 46802 

Telephone: (260) 460-1625 ext. 

Fax: (260) 460-1700 

Email: Reed.Silliman@faegrebd.com 

SBN: 330 02 

1 Xppellint4 

, 

IL Appellaiit- A orney(s) , — 

Lead Attorney 

First Name: Scott 

Middle Name: Patrick 

Last Name: Stolley 

Suffix: 

Law Firm Name:Thompson & Knight LLP 

Address 1: 1722 Routh Street 

Address 2: Suite 1500 

'I Person Organization (choose one) 

First Name: Jim 

Middle Name: 

Last Name: Silliman 

Suffix: 

Pro Se: 0 

Page 1 of 11 

ACCEPTED

225EFJ017357697 

FIFTH COURT OF APPEALS

DALLAS, TEXAS

13 March 4 P3:00

Lisa Matz

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 3/4/2013 3:00:14 PM LISA MATZ Clerk
City: Dallas 

State: Texas Zip+4: 

Telephone: (214) 969-1700 ext. 

Fax: (214) 880-3287 

Email: scott.stolley@tklaw.com 

SBN: 19284350 

75201 

III: :,'Xi$elle-e 

, l • i, . 

'IV.:AppelleeAttorneY(s 

''. 441,-, ./ • 

fl Person 0 Organization (choose one) 0 Lead Attorney 

75202-2724 

Organization Name:Luxor Contracting, Inc., d/b/a Luxor Staffing 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

Pro Se: 0 

First Name: Kevin 

Middle Name: T. 

Last Name: Schutte 

Suffix: 

Law Firm Name: Bracewell & Guiliani LLP 

Address 1: 1445 Ross Avenue 

Address 2: Suite 3800 

City: Dallas 

State: Texas Zip+4: 

Telephone: (214) 758-1000 ext. 

Fax: (214) 758-1010 

Email: kevin.schutte@bgllp.com 

SBN: 24033050 

'tf • III.,Appellee e . IV.' Appellee Attorney( •,r 

Person 0 Organization (choose one) • Lead Attorney 

75202-2724 

Organization Name: Luxor Contracting, Inc., d/b/a Luxor Staffing 

First Name: 

Middle Name: 

Last Name: 

Suffix: 

Pro Se: 0 

First Name: Lauren 

Middle Name: J. 

Last Name: Brown 

Suffix: 

Law Firm Name: Bracewell & Guiliani LLP 

Address 1: 1445 Ross Avenue 

Address 2: Suite 3800 

City: Dallas 

State: Texas Zip+4: 

Telephone: (214) 758-1000 ext. 

Fax: (214) 758-1010 

Email: lauren.brown@bgllp.com 

SBN: 24069430 

III Apllee -4 

---.,-.:. • r. 

f IV. ;AppeIlee -Attorney 

- ,1 

-•,I- 1 

Person 0 Organization (choose one) Lead Attorney 

First Name: Tricia 

Middle Name: R 

Organization Name: Luxor Contracting, Inc., d/b/a Luxor Staffing 

First Name: 

Page 2 of 11 
Middle Name: Last Name: DeLeon 

Last Name: Suffix: 

Suffix: Law Firm Name: Bracewell & Guiliani LLP 

Pro Se: Address 1: 1445 Ross Avenue 

Address 2: Suite 3800 

City: Dalas 

State: Texas Zip+4: 75202-2724 

Telephone: (214) 758-1000 ext. 

Fax: (214) 758-1010 

Email: tricia.deleon@bgllp.com 

SBN: 24005885 

Page 3 of 11 
,. , V.;.Perfectioii Of Appeal Aild JurisdictionNature of Case (Subject matter or type of case): Other 

Date order or judgment signed: July 19, 2012 Type of judgment: Jury Trial 

No 

Date notice of appeal filed in trial court: October 17, 2012 

If mailed to the trial court clerk, also give the date mailed: 

Interlocutory appeal of appealable order: fl Yes ""1 No 

If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): 

Accelerated appeal (See TRAP 28): • Yes CI No 

If yes, please specify statutory or other basis on which appeal is accelerated: 

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): 0 Yes C1 No 

If yes, please specify statutory or other basis for such status: 

Appeal should receive precedence, preference, or priority under statute or rule: El Yes ii4 No 

If yes, please specify statutory or other basis for such status: 

Does this case involve an amount under $100,000? fl Yes 0.1 No 

Judgment or order disposes of all parties and issues: CA Yes ONo 

Appeal from final judgment: 1 Yes • No 

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes ■,1 

lt , 

, 

A s Pate 1 1 I le To Perfect Appeal 

.. 

flsMotion for New Trial: a Yes No If yes, date filed: August 20, 2012 

Motion to Modify Judgment: il1 Yes • No If yes, date filed: August 20, 2012 

Request for Findings of Fact vl Yes No If yes, date filed: August 8, 2012 

and Conclusions of Law: 

Reinstate: DYes >2 No If yes, date filed: Motion to 

fl Yes 2:1 No If yes, date filed: Motion under TRCP 306a: 

Other: II Yes No 

If other, please specify: 

yu. Indigene Party: (A t of affidavi niotion if ili.d) I 

Affidavit filed in trial court: 0 Yes i'l No If yes, date filed: 

Contest filed in trial court: flYes C1 No If yes, date filed: 

Date ruling on contest due: 

Ruling on contest: • Sustained • Overruled Date of ruling: 

Page 4 of 1 1 
Will: anicuptcy- , 

,4. q ■ ro 

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? EYes F. :4 No 

If yes, please attach a copy of the petition. 

Date bankruptcy filed: Bankruptcy Case Number: 

., 

r < 

IX. • Trial Court And Record 

. , , . r 

,a, 

.4 

i,,,, • 

Court: 134th Judicial District Court Clerk's Record: 

County: Dallas Trial Court Clerk: I District fl County 

Trial Court Docket Number (Cause No.): DC10 -01795 Was clerk's record requested? Yes • No 

If yes, date requested: October 7, 2012 

Trial Judge (who tried or disposed of case): If no, date it will be requested: 

First Name: Dale Were payment arrangements made with clerk? 

Middle Name: 1l Yes ENo flindigent 

Last Name: Tillery 

(Note: No request required under TRAP 34.5(a),(b)) 

Suffix: Appellant has already paid for the clerk's 

Address 1: George L. Allen, Sr. Courts Bldg. record, which has been completed and filed. 

Address 2 : 600 Commerce Street, Suite 650 

City: Dallas 

State: Texas Zip + 4: 75202 

Telephone: (214) 653-6995 ext. 

Fax: (214) 653-6988 

Email: fly@dallascourts.org 

Reporter's or Recorder's Record: 

Is there a reporter's record? 1I Yes • No 

Was reporter's record requested? C1 Yes fl No 

Was there a reporter's record electronically recorded? fl Yes el No 

If yes, date requested: October 17, 2012 

If no, date it will be requested: 

Were payment arrangements made with the court reporter/court recorder? CI Yes fl No • Indigent 

Appellant has paid a $4,000 deposit to the court reporter. The court reporter 

has said she will bill Appellant for the balance when she completes the transcript. 

Appellant has agreed to this arrangement and will pay the balance when it is billed 

by the court reporter. 

Page 5 of 11 
1 Court Reporter • Court Recorder 

1 Official D Substitute 

First Name: Vielica 

Middle Name: 

Last Name: Dlobbins 

Suffix: 

Address 1: George L. Allen, Sr. Bldg. 

Address 2: 600 Commerce Street, Suite 650 

City: Dallas 

State: Texas Zip + 4: 75202 

Telephone: (214) 653-7239 ext. 

Fax: (214) 653-6988 

Email: vielica@sbcglobal.net 

., 

_ 

4Supersecleas" Bond .., k.., 

Supersedeas bond filed:fl Yes 1 No If yes, date filed: 

Will file: Co Yes • No 

Appellant is working on filing a bond or an alternative to a bond. 

.P ., f titra aty.Relief ,-.,. 

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? flYesei'l No 

If yes, briefly state the basis for your request: 

XTI, lAlterriatii,epi§p'ute ResMution/Mediation' C ection if liii4iii I • th, 5th . Oth,11 iZt 

40 ... , . . .. ,, . . . :-. 

riT4th CiiiiIrt-OfhAppeal) 4 ' 

Should this appeal be referred to mediation? ., 4 Yes • No 

If no, please specify: 

Has the case been through an ADR procedure? EYes "4 No 

If yes, who was the mediator? 

What type of ADR procedure? 

At what stage did the case go through ADR? • Pre-Trial 111 Post-Trial Other 

If other, please specify: 

Type of case? 

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): 

(I) Sufficiency of the evidence to support liability; (2) Casteel error in the charge; (3) error in changing the ruling about the transfer date. 

How was the case disposed of? Trial 

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

If money judgment, what was the amount? Actual damages: $216,597.00 

Punitive (or similar) damages: $0.00 

Page 6 of 11 
Attorney's fees (trial): $185,578.00 

Attorney's fees (appellate): $110,000.00 

Other: 

If other, please specify: 

Will you challenge this Court's jurisdiction? D Yes el No 

Does judgment have language that one or more parties "take nothing"? Yes J No 

Does judgment have a Mother Hubbard clause? ■„ Yes p No 

Other basis for finality? 

Rate the complexity of the case (use 1 for least and 5 for most complex): p 1 fl 2 3 4 D 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? fl Yes ■14 No 

If yes, please give name, address, telephone, fax and email address: 

Name Address Telephone Fax Email 

Languages other than English in which the mediator should be proficient: none 

Name of person filing out mediation section of docketing statement: Scott P. Stolley 

I; 'Related Matters 

_ 

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style. 

Docket Number: Trial Court: 

Style: 

Vs. 

Page 7 of 11 
XIV Cbitiligke section if filitiOrt the 1st, ,2na, 3dSi3th ot-'14th Crt 

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 

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? El Yes i4 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? CI Yes p 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 an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of 

the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes El No 

These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.govipoverty/06povertv.shtml. 

Are you willing to disclose your financial circumstances to the Pro Bono Committee? CI Yes p No 

If yes, please attach an Affidavit of Indigency 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 

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 known (without 

prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary). 

Signature of counsel (or pro se party) Date: March 4, 2013 

Printed Name: Scott P. Stolley State Bar No.: 19284350 

Electronic Signature: /s/ Scott P. Stolley 

(Optional) 

Page 8 of 11 
ificate:!6f8ervke 

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 March 4, 2013 

Signature of counsel (or pro se party) Electronic Signature: /s/ Scott P. Stolley 

(Optional) 

State Bar No.: 19284350 

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 

Please enter the following for each person served: 

Date Served: March 4, 2013 

Manner Served: Email 

First Name: Kevin 

Middle Name: T. 

Last Name: Schutte 

Suffix: 

Law Firm Name:Bracewell & Guiliani LLP 

Address 1: 1445 Ross Avenue 

Address 2: Suite 3800 

City: Dallas 

State Texas Zip+4: 75202-2724 

Telephone: (214) 758-1000 ext. 

Fax: (214) 758-1010 

Email: kevin.schutte®bgllp.com 

If Attorney, Representing Party's Name: Luxor Contracting, Inc., d/b/a Luxor Staffing 

Ver. 1.0 7/12 

Page 9 of 11 
Please enter the following for each person served: 

Date Served: March 4, 2013 

Manner Served: Email 

First Name: Lauren 

Middle Name: J. 

Last Name: Brown 

Suffix: 

Law Firm Name:Bracewell & Guiliani LLP 

Address 1: 1445 Ross Avenue 

Address 2: Suite 3800 

City: Dallas 

State Texas Zip+4: 75202-2724 

Telephone: (214) 758-1000 ext. 

Fax: (214) 758-1010 

Email: lauren.brown@bgllp.com 

If Attorney, Representing Party's Name: Luxor Contracting, Inc., d/b/a Luxor Staffing 

Ver. 1.0 7/12 

Please enter the following for each person served: 

Page 10 ofll 
Date Served: March 4, 2013 

Manner Served: Email 

First Name: Tricia 

Middle Name: R. 

Last Name: DeLeon 

Suffix: 

Law Firm Name:Bracewell & Guiliani LLP 

Address 1: 1445 Ross Avenue 

Address 2: Suite 3800 

City: Dallas 

State Texas Zip+4: 75202-2724 

Telephone: (214) 758-1000 ext. 

Fax: (214) 758-1010 

Email: tricia.deleon@bglIp.com 

If Attorney, Representing Party's Name: Luxor Contracting, Inc., d/b/a Luxor Staffing 

Ver. 1.0 7/12 

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