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### Appellate Docket Number: Appellate Case Style: Vs. Companion Case(s): Amended/Corrected Statement 

## DOCKETING STATEMENT (Civil) Appellate Court: (to be filed in the court of appeals upon perfection of appeal under TRAP 32) NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document . As per TRAP 32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided. 

### I. Appellant II. Appellant Attorney(s) - Continued Person Organization Name: Pro Se If Pro Se Party, enter the following information: Address: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: 

### II. Appellant Attorney(s) Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: 05-19-00668-CV Caregiver 1, Inc., Caregiver 2, Inc., and Daybreak, Inc., and Ashtaun Breele Mallory James Hefner, as Next Friend of Brian Randolph Hefner



### 5th Court of Appeals

Ashtaun Breele Mallory

Retained Attorney Andrew T. Fifield

06982500 Touchstone Bernays 1717 Main Street Suite 3400 Dallas, Texas 75201 (214) 741-1166 (214) 741-7548 andrew.fifield@tbjbs.com Retained Attorney Amie P. Fordan

24036580 Touchstone Bernays 1717 Main Street Suite 3400 Dallas, Texas 75201 (214) 741-1166 (214) 741-7548 amie.fordan@tbjbs.com Select

Select

Select ACCEPTED 05-19-00668-CV FIFTH COURT OF APPEALS

DALLAS, TEXAS 6/20/2019 2:15 PM LISA MATZ CLERKPage 2 of 11 

### III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Name: Pro Se If Pro Se Party, enter the following information: Address: City/State/Zip: Tel. Ext. Fax: Email: Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email:
Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email:
Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: 

### IV. Appellee Attorney(s) Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email:
Lead Attorney Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: James Hefner, as Next Friend of Brian Randolph Hefner Retained Attorney F. Leighton Durham, III

24012569 Durham, Pittard & Spalding, LLP PO Box 224626

Dallas, Texas 75222 (214) 946-8000 (214) 946-8433 ldurham@dpslawgroup.com

Retained Attorney Stephen Malouf

12888100 Malouf & Nockels 6688N. Central Expy. Suite 1050 Dallas, Texas 75206 (214) 969-7373 (214) 969-7648 maloufs@smalouf.com Retained Attorney Morgan A. McPheeters

24081279 Durham, Pittard & Spalding, LLP PO Box 224626

Dallas, Texas 75222 (214) 946-8000 (214) 946-8433 mmcpheeters@dpslawgroup.com

Retained Attorney Peter Malouf

24006539 Law Office of Peter G. Malouf PO Box 12745

Dallas, Texas 75225 (972) 971-5509 (866) 272-8779 pm@pmalouflaw.com SelectPage 3 of 11 

### V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Date Order or Judgment signed: Type of Judgment: Date Notice of Appeal filed in Trial Court: If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appeal able order: Yes No If yes, please specify statutory or other basis on wh ich interlocutory order is appealable (See TRAP 28):
Accelerated Appeal (See TRAP 28): Yes 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): 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 If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? Yes No Judgment or Order disposes of all parties a nd issues? Yes No Appeal from final judgment? Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No 

### VI. Actions Extending Time to Perfect Appeal Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: Other: Yes No If Other, please specify: Personal Injury 05/30/2019 Interlocutory Order 06/17/2019



### Civil Practice & Remedies Code § 51.014(a)(9), § 74.351, et seq.

Civil Practice & Remedies Code § 51.014(a)(9), § 74.351, et seq.Page 4 of 11 

### VII. Indigency of Party (Attach filestamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Yes No Hearing Date: Did trial court sign an order under Texas Ru le of Civil Procedure 145? Yes No Date of Order: If yes, trial court finding: Challe nge Sustained Overruled VIII. Bankruptcy Has any party to the court’s judgment filed for prot ection 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: County: Trial Court Docket No. (Cause No.): Trial Court Judge (who tried or disposed of the case): Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: 

### Clerk’s Record Trial Court Clerk: District County Was Clerk’s record requested? Yes No If yes, date requested: If no, date it will be requested: Were payment arrangements made with clerk? Yes No Indigent (Note: No request required under TRAP 34.5(a),(b).) 14th District Court

Dallas County
Cause No. DC-18-07724
Eric Moye George Allen Courts Building 600 Commerce Street, 5th Floor Dallas, Texas 75202 (214) 653-6001 brivera@dallascourts.org 

### ✔ ✔ 06/20/2019

✔

(214) 653-6000Page 5 of 11 

### IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: If no, date it will be requested: Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Yes No Indigent
Court Reporter Court Recorder Official Substitute Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: 

### Email: Court Reporter Court Recorder Official Substitute Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: 

### Email:
X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, will file? Yes No XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes No If yes, briefly state the basis for your request: 06/10/2019

Diane Robert 14th District Court 600 Commerce Street, 5th Floor Dallas, Texas 75202 (214) 653-7298 (214) 653-6001Page 6 of 11 

### XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1 st 

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### Court of Appeals.) Should this appeal be referred to mediation? Yes No If no, please specify: Has this case been through an ADR procedure? Yes No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial 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):

How was the case disposed of? Summary of relief granted, including amount of money judgment, and if any, damages awarded. If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: Attorney’s fees (trial): Attorney’s fees (appellate): Other: If other, please specify: Will you challenge this Court’s jurisdiction? Yes No Does judgment have language that one or more parties “take nothing”? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis for finality: 

### Mediation is already scheduled.

Personal Injury



### Whether the matter is governed by Chapter 74 of the Civil Practice & Remedies Code and, if so, whether the Plaintiff timely served adequate expert reports pursuant to section 74.351.
Appellants' Motion to Dismiss was denied.

Permissible interlocutory appeal.Page 7 of 11 

### XII. Alternative Dispute Re solution/Mediation - Continued (Complete section if filing in the 1 st 

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### Court of Appeals.) Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 4 5 Please make my answer to the preceding questions known to other parties in this case? Yes No Can the parties agree on anappellate mediator? Yes No If yes, please give the name, addres s, telephone, fax, and email address: Name: Address: Telephone: Ext. Fax: Email: Languages other than English in whic h the mediator should be proficient:
Name of the person filling out mediation section of docketing statement:

XIII. Related Matters List any pending or past related appeal s before this, or any other Texas Appellate Court, by Court, Docket, and Style. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Court: Docket: Style: Vs. Select Appellate Court

Select Appellate Court

Select Appellate Court

Select Appellate Court

Select Appellate Court

Select Appellate CourtPage 8 of 11 

### XIV. Pro Bono Program: (Complete section if filing in the 1 st 

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### or 14 th 

### Court 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 plac e 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 http://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 th is 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? Yes 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? Yes 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 a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes No 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? Yes No If yes, please attach a Statement of Inability to Pay Court Costs 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 executi on of a Statement 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).Page 9 of 11 

### XV. Signature

Signature of counsel (or Pro Se Party) Date

Printed Name State Bar No.
Electronic Signature (Optional) Name



### 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:

Signature of counsel (or Pro Se Party) Electronic Signature (Optional)

State Bar No. 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 the attorney. 

### 06/20/2019

Amie P. Fordan 24036580

/s/ Amie P. Fordan Amie P. Fordan

/s/ Amie P. Fordan

24036580Page 10 of 11 

### Please enter the following for each person served: Date Served: Manner Served: Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Date Served: Manner Served: Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Date Served: Manner Served: Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Date Served: Manner Served: Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: Date Served: Manner Served: Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party: 06/20/2019 eServe eServe Stephen F. Malouf

12888100 MALOUF & NOCKELS 6688N. Central Expy. Suite 1050 Dallas, Texas 75206 (214) 969-7373 (214) 969-7648 (972) 971-5509 maloufs@smalouf.com pm@pmalouflaw.com Appellee/Plaintiff 06/20/2019 eServe eServe F. Leighton Durham, III

24081279 04949900 DURHAM, PITTARD & SPALDING, LLP P.O. Box 224626

Dallas, Texas 75222 Dallas, Texas 75201 (214) 946-8433

06/20/2019 eServe Felicia A. Norvell

24005298 John M. Cox & Associates, PC

(214) 939-9031 (214) 939-9001 fn@coxtriallaw.com Defendant Caregiver 1, Inc. et al. 06/20/2019

Peter G. Malouf

24006539 THE LAW OFFICE OF PETER G. MALOUF P.O. Box 12745

Dallas, Texas 75225 (866) 272-8779

Appellee/Plaintiff
06/20/2019

John M. Cox

John M. Cox & Associates, PC 325 N. St. Paul Street Suite 2350

(214) 939-9000 (214) 939-9001 ldurham@dpslawgroup.com jmc@coxtriallaw.com Appellee/Plaintiff Defendant Caregiver 1, Inc. et al.

325 N. St. Paul Street Suite 2350 Dallas, Texas 75201Page 11 of 11 

### Please enter the following for each person served that is not an attorney for a party: Date Served: Manner Served: Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Date Served: Manner Served: Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Date Served: Manner Served: Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Date Served: Manner Served: Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Date Served: Manner Served: Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Date Served: Manner Served: Name: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Select Select

Select Select

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