Page 1 of 14

Appellate Docket Number: 01-15-00212-CV

Appellate Case Style: John T. Preston, Brilliant Novelty, LLC and C Change Investsments, LLC

Vs. Janet Northrup Chapter 7 Trustee for the estate of NC12, Inc.

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:1st Court of Appeals

I. Appellant

Address 2:

Address 1: 1221 McKinney, Ste. 3460

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name: Henkel

Middle Name:

First Name: Christoph 

Law Firm Name:Ahmad Zavitsanos Anaipakos Alavi & Mensing

Suffix:

Last Name: Robinson

Middle Name: Langdell

First Name: Jane

Lead Attorney

City: Houston

State: Texas Zip+4: 77010

Telephone: 713-655-1101 ext.

Fax: 713-655-0062

Email: jrobinson@azalaw.com

SBN: 24062970

Person Organization (choose one)

I. Appellant

Address 2:

Address 1: 1221 McKinney, Ste. 3460

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name: Preston

Middle Name: T.

First Name: John

Law Firm Name:Ahmad Zavitsanos Anaipakos Alavi & Mensing

Suffix:

Last Name: Gorman

Middle Name:

First Name: Sean

Person Organization (choose one) Lead Attorney

ACCEPTED

01-15-00212-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

3/20/2015 3:54:36 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/20/2015 3:54:36 PM CHRISTOPHER A. PRINE Clerk
Page 2 of 14

City: Houston

State: Texas Zip+4: 77010

Telephone: 713-655-1101 ext.

Fax: 713-655-0062

Email: sgorman@azalaw.com

SBN: 08218100

I. Appellant

Address 2:

Address 1: 1221 McKinney, Ste. 3460

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name:

Middle Name:

First Name:

Organization Name: Brilliant Novelty, LLC

Law Firm Name:Ahmad Zavitsanos Anaipakos Alavi & Mensing

Suffix:

Last Name: Aycock

Middle Name: A.

First Name: Jamie 

Lead Attorney

City: Houston

State: Texas Zip+4: 77010

Telephone: 713-655-1101 ext.

Fax: 713-655-0062

Email: jamieaycock@azalaw.com

SBN: 24050241

Person Organization (choose one)

I. Appellant

Address 2:

Address 1:

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name:

Middle Name:

First Name:

Organization Name: C Change Investments, LLC

Law Firm Name:

Suffix:

Last Name:

Middle Name:

First Name:

Lead Attorney

City:

State: Texas Zip+4:

Telephone: ext.

Fax:

Email:

SBN:

Person Organization (choose one)

Lead Attorney

First Name: Timothy 

 Person Organization (choose one)

 III. Appellee IV. Appellee Attorney(s)

Organization Name:
Page 3 of 14

State: Texas Zip+4: 77008

Telephone: (713) 868-5581 ext.

Fax: (713) 868-1275

Email: tmccloskey@cmrllp.com

SBN: 13417650

Middle Name: M.

Last Name: McCloskey

Suffix:

Law Firm Name: Carrigan, McCloskey & Roberson, LLP

Address 1: 945 Heights Blvd.

Address 2:

City: Houston

Pro Se:

Suffix:

Last Name: Northrup

Middle Name:

First Name: Janet

State: Texas Zip+4: 77008

Telephone: (713) 868-5581 ext.

Fax: (713) 868-1275

Email: brizzo@cmrllp.com

SBN: 24034073

Lead Attorney

First Name: Blake

Middle Name: E.

Last Name: Rizzo

Suffix:

Law Firm Name: Carrigan, McCloskey & Roberson, LLP

Address 1: 945 Heights Blvd.

Address 2:

City: Houston

 Person Organization (choose one)

Pro Se:

Suffix:

Last Name:

Middle Name:

First Name:

 III. Appellee IV. Appellee Attorney(s)

Lead Attorney

First Name: Thomas

Middle Name: A.

Last Name: Woolley

Suffix:

 Person Organization (choose one)

Last Name:

Middle Name:

First Name:

 III. Appellee IV. Appellee Attorney(s)
Page 4 of 14

State: Texas Zip+4: 77008

Telephone: (713) 868-5581 ext.

Fax: (713) 868-1275

Email: rwoolley@cmrllp.com

SBN: 24042193

Law Firm Name: Carrigan, McCloskey & Roberson, LLP

Address 1: 945 Heights Blvd.

Address 2:

City: Houston

Pro Se:

Suffix:
Page 5 of 14

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

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

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

Yes No

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

Appeal of interlocutory order. TRAP 40.1(b)

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

Agreed? (See TRAP 28.2): Yes No

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

Permissive? (See TRAP 28.3): Yes No

Parental Termination or Child Protection? (See TRAP 28.4):

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

Appeal of an interlocutory order pursuant to CPRC 51.014.

Accelerated appeal (See TRAP 28): Yes No

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

Appealable pursuant to CPRC 51.104(a)(7): denial of special appearance

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: March 2, 2015

Date order or judgment signed: February 9, 2015

Nature of Case (Subject matter or type of case): Corporation & Partnership

Type of judgment: Interlocutory Order

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

Yes ■ No

V. Perfection Of Appeal And Jurisdiction

VI. Actions Extending Time To Perfect Appeal

Motion to Modify Judgment:

Motion for New Trial: If yes, date filed:

If yes, date filed:

Request for Findings of Fact If yes, date filed: March 2, 2015

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

Yes No

If yes, date filed:

Date ruling on contest due:

Sustained Overruled Date of ruling:
Page 6 of 14

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: 11th Judicial District 

Suffix:

Last Name: Miller

Middle Name: D.

First Name: Mike

Trial Judge (who tried or disposed of case):

Trial Court Docket Number (Cause No.):

County: Harris

Clerk's Record:

Address 1: Harris County Civil Courthouse

Address 2 : 201 Caroline, 9th Floor

City: Houston

Email: Jackie_Struss@justex.net

Fax:

Telephone: (713) 368-6020 ext.

State: Texas Zip + 4: 77002

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

Were payment arrangements made with clerk?

Yes No Indigent

If no, date it will be requested:

If yes, date requested: March 2, 2015

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?

 Yes No Indigent

Yes No

Yes No

Yes No

Is there a reporter's record?

Were payment arrangements made with the court reporter/court recorder?
Page 7 of 14

Email:

Fax:

Telephone: ext.

State: Texas Zip + 4:

City:

Address 2:

Address 1:

Suffix:

Last Name:

Middle Name:

First Name:

Official Substitute

Court Reporter Court Recorder

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:

Yes No

XI. Extraordinary Relief

Should this appeal be referred to mediation?

If no, please specify:Parties have already mediated and are actively involved in settlement discussions.

Has the case been through an ADR procedure?

If yes, who was the mediator? Hon. David Jones

What type of ADR procedure? mediation

At what stage did the case go through ADR?

If other, please specify:

Type of case? Corporation & Partnership 

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):

Appeal of denial of special appearance. Appellants are seeking dismissal from the case. Standard is de novo review.

How was the case disposed of? Other

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

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 No
Page 8 of 14

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?

Rate the complexity of the case (use 1 for least and 5 for most complex): 3 4

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: Jane Langdell Robinson

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

Name Address Telephone Fax Email

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

 Yes No

1 2 3 4 5

Yes No

Yes No

Yes No

Yes No

XIII. Related Matters

Michael Sydow, John Preston, Christoph Henkel, C Change Investments, LLC, Brilliant Novelty, LLC, Chalsys Capital 

Partners, LLP, Sonio Lo and Meliora Energy Technologies

Vs.

Style: Emjo Investments, Ltd. and H.J. von der Goltz

Docket Number: 01-14-00703-cv Trial Court: 215th District Court

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.
Page 9 of 14

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 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? 

 

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? 

 

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? 

 

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 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). 

 

XV. Signature

Signature of counsel (or pro se party) Date: March 20, 2015

Yes No

Yes No

Yes No

Yes No

Electronic Signature: /s/ Jane Langdell Robinson

(Optional)

Printed Name: Jane Langdell Robinson State Bar No.: 24062970
Page 10 of 14

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 . 

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 

March 20, 2015

State Bar No.: 24062970

Signature of counsel (or pro se party) Electronic Signature: /s/ Jane Langdell Robinson

(Optional)

If Attorney, Representing Party's Name: Janet Northrup

Email: tmccloskey@cmrllp.com

State Texas Zip+4:

City: Houston, Texas 77008

Address 2:

Address 1: 945 Heights Blvd.

Law Firm Name:Carrigan, McCloskey & Roberson, L.L.P.

Suffix:

Last Name: McCloskey

Middle Name: M.

First Name: Timothy

Manner Served: eServed

Date Served: March 20, 2015

Please enter the following for each person served:

Fax: 713-868-1275

Telephone: 713-868-5581 ext.

Please enter the following for each person served:
Page 11 of 14

If Attorney, Representing Party's Name: H.J. von der Goltz

Email: jkaiser@kaiser-law.com

State Texas Zip+4: 77098

City: Houston

Address 2: 2211 Norfolk, Suite 528

Address 1: Enterprise Bank Building

Law Firm Name:Kaiser, P.C.

Suffix:

Last Name: Kaiser

Middle Name: B.

First Name: Jeffrey

Manner Served: Fax

Date Served: March 20, 2015

Fax: 713-571-8002

Telephone: 713-571-8000 ext.

If Attorney, Representing Party's Name: Michael Collins

Email: kkeller@ellison-keller.com

State Texas Zip+4:

City: Houston

Address 2:

Address 1: 5120 Woodway Dr., Suite 6019

Law Firm Name:Ellison Keller, P.C.

Suffix:

Last Name: Keller

Middle Name: M.

First Name: Kelley 

Manner Served: Fax

Date Served: March 20, 2015

Please enter the following for each person served:

Fax: 713-266-8201

Telephone: 713-266-8299 ext.

Please enter the following for each person served:
Page 12 of 14

If Attorney, Representing Party's Name: Sameer Ahmed

Email: ameade@hmgnc.com

State Texas Zip+4: 77002

City: Houston

Address 2:

Address 1: 2118 Smith St.

Law Firm Name:Hawash Meade Gaston Neese & Cicack

Suffix:

Last Name: Meade

Middle Name: K.

First Name: Andrew

Manner Served: Fax

Date Served: March 20, 2015

Fax: 713-658-9011

Telephone: 713-658-9001 ext.

If Attorney, Representing Party's Name: C Change Investments, LLC and Brilliant Nov

Email: mwatson@michaelcwatson.com

State Texas Zip+4: 77006

City: Houston

Address 2:

Address 1: 4309 Yoakum, Suite 3000

Law Firm Name:Michael C. Watson

Suffix:

Last Name: Watson

Middle Name: C.

First Name: Michael

Manner Served: Fax

Date Served: March 20, 2015

Please enter the following for each person served:

Fax: 713-400-1864

Telephone: 713-254-4315 ext.

Please enter the following for each person served:
Page 13 of 14

If Attorney, Representing Party's Name: Aydin Muderrisoglu

Email: jimmy@ardoinlawpllc.com

State Texas Zip+4: 77002

City: Houston

Address 2:

Address 1: 2118 Smith St.

Law Firm Name:Ardoin Law, PLLC

Suffix:

Last Name: Ardoin

Middle Name:

First Name: James

Manner Served: Fax

Date Served: March 20, 2015

Fax: 713-574-1404

Telephone: 713-574-8900 ext.

If Attorney, Representing Party's Name: Michael Sydow

Email: bshepherd@sschlaw.com

State Texas Zip+4: 77019-213

City: Houston

Address 2:

Address 1: 2777 Allen Parkway, 7th Floor

Law Firm Name:Shepherd, Scott, Clawater & Houston, LLP

Suffix:

Last Name: Shepherd

Middle Name:

First Name: Billy

Manner Served: Fax

Date Served: March 20, 2015

Please enter the following for each person served:

Fax: 713-650-1720

Telephone: 713-650-6600 ext.

Please enter the following for each person served:
Page 14 of 14

If Attorney, Representing Party's Name: Michael Sydow

Email: tomp@lpm-triallaw.com

State Texas Zip+4: 77006

City: Houston

Address 2:

Address 1: 5020 Montrose Blvd., 9th Floor

Law Firm Name:Laminack, Pirtle & Martines

Suffix:

Last Name: Pirtle

Middle Name:

First Name: Thomas

Manner Served: Fax

Date Served: March 20, 2015

Fax: 713-292-2755

Telephone: 713-292-2750 ext.