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 Zip+4: 77010 State: Texas Telephone: 713-655-1101 ext. Fax: 713-655-0062 Email: j robinson@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 Lead Attorney Person Organization (choose one) ACCEPTED 01-15-00212-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 3/20/2015 3:54:36 PM CHRISTOPHER PRINE

CLERKPage 2 of 14 City: Houston Zip+4: 77010 State: Texas 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 Zip+4: 77010 State: Texas Telephone: 713-655-1101 ext. Fax: 713-655-0062 Email: j amieaycock@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: Zip+4: State: Texas 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 ext. Telephone: (713) 868-5581 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: N orthrup Middle Name: First Name: Janet

State: Texas Zip+4: 77008 ext. Telephone: (713) 868-5581 Fax: (713) 868-1275 Email: b rizzo@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 ext. Telephone: (713) 868-5581 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 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 of interlocutoryorder. TRAP 40.1(b) 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: 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: February9, 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: 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: March 2, 2015 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 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: ext. Telephone: (713) 368-6020 Zip + 4: 77002 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: 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?
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 14 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: Yes No XI. Extraordinary Relief
Should this appeal be referred to mediation? If no, please specify:Parties have alreadymediated and are activel yinvolved 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 kno wn (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 NoPage 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? 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: Jane Langdell Robinson 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 Michael Sydow, John Preston, Christoph Henkel, C Change Investments, LLC, Brilliant Novelty, LLC, Chalsys Capital Partners, LLP, Sonio Lo and Meliora EnergyTechnolo g ies 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 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 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 Committeewill 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: 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.: 24062970Page 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 Zip+4: State Texas 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: j kaiser@kaiser-law.com Zip+4: 77098 State Texas 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 Zip+4: State Texas 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 Zip+4: 77002 State Texas 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 Chan g e Investments, LLC and Brilliant Nov Email: mwatson@michaelcwatson.com Zip+4: 77006 State Texas 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: A y din Muderriso g lu Email: j immy@ardoinlawpllc.com Zip+4: 77002 State Texas 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 S y dow Email: b shepherd@sschlaw.com Zip+4: 77019-213 State Texas 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 S y dow Email: tomp@lpm-triallaw.com Zip+4: 77006 State Texas 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.