# J & J Container Manufacturing, Inc. v. Cintas- R. U.S., L.P.

> Texas Court of Appeals, 1st District (Houston) · March 12, 2015

URL: https://www.frixlaw.com/law-library/cases/4053063

## Case

- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** March 12, 2015
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4053063

## Opinion text

ACCEPTED
01-14-00933-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/12/2015 4:56:06 PM
CHRISTOPHER PRINE
CLERK

FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
3/12/2015 4:56:06 PM
01-14-00933-CV
CHRISTOPHER A. PRINE
Clerk
IN THE

FIRST COURT OF APPEALS

at Houston, Texas

J & J CONTAINER MANUFACTURING, INC.

Appellant

v.

CINTAS - R. U.S., L.P.

Appellee

On Appeal from County Civil Court at Law No. 3
Harris County, Texas
1044425

APPELLEE’S BRIEF
in response to
RESTRICTED APPEAL
01-14-00933-CV

IN THE

FIRST COURT OF APPEALS

at Houston, Texas

J & J CONTAINER MANUFACTURING, INC.

Appellant

v.

Cintas - R. U.S., L.P.

Appellee

On Appeal from County Civil Court at Law No. 3, Harris County, Texas
1044425

J & J Container Manufacturing, Inc. Appellant
1526 DeSoto
Houston, Texas 77081

M. Robert Garcia Attorney for Appellant
SBN:07639150
405 Main Street, Suite 300
Houston, Texas 77002

Cintas -R. U.S. L.P. Appellee
Houston, TX

Allen D. Russell Trial Counsel for Appellee
Taylor Taylor & Russell
815 Walker, Suite 250
Houston, Texas 77002- 5764

i
TABLE OF CONTENTS

PAGE

PARTY INFORMATION SHEET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i

INDEX OF AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

ORAL ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

ISSUES PRESENTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

STATEMENT OF FACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

SUMMARY OF THE ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

PRAYER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
INDEX OF AUTHORITIES
CASES PAGE

1. BMG Direct Mktg. V. Peake, 178 S.W. 3d 763,769
(Tex. 2005) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2. Campus Invs., Inc. V. Cullever, 144 S.W. 3d 464, 466
(Tex. 2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

3. Employees Finance Co. v. Lathram, 369 S.W .2d,
927, 930 (Tex. 1963) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

4. Guajardo v. Alamo Lumber Co., 317 S.W.2d,
725 (Tex. 1958) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

5. Highland Church of Christ v. Powell, 640
S.W. 2d 235, 236 (Tex. 1982) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

6. Maan v. First ATM, Inc., 2008 Tex. App.
LEXIS 9279 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

7. Marshall v. Housing Auth. of San Antonio, 198 S.W.
3d 782,787 (Tex. 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

8. Orgoo, Inc. V. Rackspace U.S., Inc., 341 S.W. 3d 34, 39
(Tex. App. - San Antonio 2001) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

9. Otto v. Rau Petroleum Products, 582 S.W.2d,
504(Tex. Civ. App.-Houston[1st Dist.] 1979, no writ) . . . . . . . . . . . 4

ii
10. R.G. McClung Cottonn Co. V. Cotton Concentration Co.,
479 S.W. 2d 733,743
(Tex. Civ. App - Dallas 1972, writ ref’d n.r.e.) . . . . . . . . . . . . . . . . . 4

STATUTES PAGE

1. Bus. Orgs. Code §§ 5.251 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

2. Tex. Bus. Orgs. Code Ann. §5.201 . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

3. Tex. Bus. Orgs. Code Ann. §5.251 (1)(B) . . . . . . . . . . . . . . . . . . . . 5,6

iii
NO. 14-12-00933-CV

IN THE FIRST COURT OF APPEALS
HOUSTON, TEXAS
___________________________________________________________________________

J & J CONTAINER MANUFACTURING, INC.
Appellant

v.

CINTAS - R.U.S., L.P.
Appellee

On appeal from County Civil Court at Law No. 3, Harris County, Texas
______________________________________________________________________________

APPELLEE’S BRIEF
______________________________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

Appellee, Cintas-R.U.S., L.P. files this its Appellee’s Brief as follows:

I.

ORAL ARGUMENT

Appellee does not request oral argument.

II.

ISSUES PRESENTED

REPLY POINT 1: The pending appeal is moot due to the Appellant’s payment of the
judgment, and Appellee’s issuance of a Full and Final Release of
Judgment and Judgment Lien.

REPLY POINT 2: The record reflects the Appellant’s failure to maintain a registered
agent for service of process and a registered office, thus the
secretary of state was an agent for service of process for the
corporation.
III.
STATEMENT OF FACTS

As reflected in the Texas Secretary of State, John Steen’s Business Organizations Inquiry

page from November 25, 2013, Appellant, J&J Container Manufacturing, Inc. (“Appellant”) had

listed as its Registered Agent, “Anthony Lewis Cook” at “6124 W. Little York, Houston, Tx.

77091 USA.” (Appendix 1) When pre-suit certified and regular demand letters from Appellee,

Cintas-R.U.S., L.P. (“Appellee”) came back from the registered address as “not deliverable,” it

was clear that Appellant had failed to maintain a registered agent in Texas as required.

(Appendix 2) Therefore, Appellee served the Texas Secretary of State under Section 5.251 of the

Texas Business Organizations Code. The return from the Secretary of State, which is in the

Record (CR 16) reflects that the Citation was sent to the registered address on April 7, 2014, and

was returned as “Not Deliverable As Addressed.” On June 3, 2014, Appellee was awarded a

Default Judgment against Appellant. Notice of the judgment was mailed by the trial court to the

Appellant at its registered address on June 3, 2014, and again it was returned as “Not deliverable

as addressed.” (SCR 8-9)

Appellee mailed post-judgment discovery to the Appellant at the address where service

had been rendered, 1526 DeSoto, Houston, Texas 77091, on July 11, 1014. (Appendix 3)

Appellant did not object, appeal, seek court protection, supersede or respond in any way. In late

August 2014, a deputy with the Harris Count Constable’s office made demand at the DeSoto

address, and Appellant voluntarily paid an amount in excess of $17,488.05 to the deputy

constable. On September 9, 2014, Harris County issued payment to Appellee’s attorney in the

amount of $17,488.05. (Appendix 4). On September 24, 2014, having heard nothing further

Page -2-
from Appellant, Appellee issued and mailed a Full and Final Release of Judgment and Judgment

Lien to the DeSoto address. (Appendix 5)

IV.
SUMMARY OF THE ARGUMENT

Because Appellant voluntarily paid the judgment, this appeal is moot, and there is not a

justiciable dispute to be considered or ruled upon by this Court. Moreover, because Appellant

failed to maintain a registered agent for service of process and a registered office, the secretary of

state was an agent for service of process for the corporation and service was proper.

V.
ARGUMENT

REPLY POINT 1: The pending appeal is moot due to the Appellant’s payment of the
judgment, and Appellee’s issuance of a Full and Final Release of
Judgment and Judgment Lien.

As the documents in the Appendix reflect, the Appellant voluntarily paid the amount of the

judgment to the Harris County Constable in late August of 2014. Having previously received a full

set of post-judgment discovery from Appellee, Appellant did not seek to supersede the judgment or

request a restraining order or do anything to resist or oppose the payment of the judgment. The

constable did not seize property. Instead, without reservation of any kind, Appellant paid. More

than two weeks after payment was received by Appellee, having heard nothing from Appellant,

prepared and mailed the Release to Appellant on September 24, 2014. Appellant did not return the

Release. Appellant did nothing until November 18, 2014, when it filed its Notice of Intent to File

a Restricted Appeal.

When Appellant voluntarily paid the judgment without reservation of any right to appeal, it

waived any right to bring a subsequent appeal, and rendered moot the appeal that is currently

Page -3-
pending. When a judgment debtor voluntarily pays and satisfies a judgment rendered against it, the

cause becomes moot. Employees Finance Co. v. Lathram, 369 S.W.2d 927, 930 (Tex. 1963). The

judgment debtor thereby waives any right to appeal and the case must be dismissed. Guajardo v.

Alamo Lumber Co., 317 S.W.2d 725 (Tex. 1958); Otto v. Rau Petroleum Products, 582 S.W.2d 504

(Tex.Civ.App.–Houston[1st Dist.] 1979, no writ). The basis for this rule is to prevent a party from

simply changing his mind about pursuing the case, or misleading his opponent into thinking the

controversy is over. A party should not be allowed to mislead his opponent into believing that the

controversy is over and then contest the payment and seek recovery. The Texas Supreme Court

restated the public policy as: “A party who pays a claim is deemed to have made his own decision

that it is justly due. If he thinks otherwise, he should resist. He should not pay out his money, leaving

the other party to act as though the matter were closed, and then be in a position to change his mind

and invoke the aid of the courts to get it back.” BMG Direct Mktg. v. Peake, 178 S.W.3d 763, 769

(Tex. 2005) quoting R.G. McClung Cotton Co. v. Cotton Concentration Co., 479 S.W.2d 733, 743

(Tex. Civ. App. –Dallas 1972, writ ref’d n.r.e.).

“Usually, when a judgment debtor voluntarily satisfies the judgment, the case becomes

moot, and the debtor waives any right to appeal.” Maan v. First ATM, Inc., 2008 Tex. App.

LEXIS 9279 quoting Marshall v. Housing Auth. of San Antonio, 198 S.W.3d 782, 787 (Tex.

2006). The rule is intended to prevent a party who voluntarily pays a judgment from later

changing his mind and seeking the court’s aid in recovering payment. Id. (citing Highland

Church of Christ v. Powell, 640 S.W.2d 235, 236 (Tex. 1982).

In this case, the Appellant had received post judgment discovery sometime shortly after

July 11, 2014, and made no effort to object, appeal, supersede, seek a restraining order, respond

Page -4-
or even contact Appellee. When the Harris County deputy constable contacted Appellant to

demand payment, the Appellant paid without reservation, objection, court intervention or appeal.

Then, when Appellee mailed a Release, Appellant did not return it, object or respond in any way.

The matter was paid, settled and closed. This appeal is moot and should be dismissed.

REPLYPOINT 2: The record reflects the Appellant’s failure to maintain a registered
agent for service of process and a registered office, thus the
secretary of state was an agent for service of process for the
corporation.

J & J Container has failed to continuously maintain a registered agent for service of process

and a registered office as required under the Texas Business Organizations Code. See Tex. Bus.

Orgs. Code Ann. § 5.201. According to the Code, if the registered agent cannot be found with

reasonable diligence at the registered office, the secretary of state is an agent for service of process

on the corporation. Id. § 5.251(1)(B). The Secretary of State forwarded the citation to the most recent

address on file of J & J Container Manufacturing, Inc., which was 6124 W. Little York, Houston,

Texas 77091. The Whitney Certificate states the process was returned on April 23, 2014 “bearing

the notion Return to Sender, Not Deliverable As Addressed, Unable to Forward.” (CR 16) This

presentation is on the face of it evidence that the address J & J Container provided to the Secretary

of State as the registered agent was incorrect. The record also contains the Notice of Judgment that

was sent by the trial court to the same address, 6124 W. Little York, Houston, Texas 77091. That

notice was returned to the trial court with the same notation. (SCR8-9)

Therefore, the trial court’s records confirm the fact that J & J Container failed to maintain

a proper address for its registered agent. Under the Texas Rules of Civil Procedure, the petition,

Page -5-
citation, and return of service establish valid service of process, and those three documents in this

case show that Appellant strictly complied with the rules for service of process. Tex. R. Civ. P. 107.

“As the purpose of Rule 107 is to establish whether there has been proper citation and service, the

Secretary’s certificate fulfills that purpose.” Orgoo, Inc. v. Rackspace U.S., Inc., 341 S.W.3d 34, 39

(Tex. App.—San Antonio 2011) quoting Campus Invs., Inc. v. Cullever, 144 S.W.3d 464, 466 (Tex.

2004).

Through prior correspondence, Appellee had learned that the registered agent was not at

the address on file. In fact, counsel for Appellee had served three demand letters on three

different addresses for J & J Container and all three were returned due to being “unclaimed and

unable to forward.” Appellee exercised reasonable diligence before suit was file in determining

that the registered agent of J&J Container could not be found at the registered office.

Appellant would have Appellee go through a pointless, costly exercise of sending a

process server to an address that Appellee had already learned was “not deliverable” before

following the provisions of Tex. Bus. Orgs. Code Ann. § 5.251 (1)(B). Such a result would only

penalize Appellee for attempting to locate and serve the registered agent, and reward Appellant

for its failure to keep its records and filings up to date with the secretary of state. The Judgment

was properly rendered and should be AFFIRMED.

VII.

PRAYER

Appellee prays that this matter be dismissed as moot, or AFFIRMED, and for such other

and further relief to which Appellee may be justly entitled.

Page -6-
Allen D. Russe
State Bar No. 00784889
815 Walker. Suite 250
Houston, Texas 77002
( 71 J) 615-6060 Telephone
(713) 615-6070 Facsimile

COUNSEL FOR PLAINTIFF
CINTAS-R.U.S., L.P.

CERTIFICATE OF SERVICE

I hereby certify that on March1i{, 2015, a true and correct copy of the foregoing
Appellee's Brief has been forwarded via facsimile and/or certified maiL return receipt requested
to:

M. Robert Garcia
405 Main Street. Suite 300
Houston, Texas 77002

Page -7-
APPENDIX

Tab 1
BUSINESS ORGANIZATIONS INQlHRY - VIEW ENTITY Page 1of1

TEXAS SECRETARY of STATE
JOHN STEEN
UCC I Business Organizations I Trademarks I Notary I Account I Help/Fees I Briefcase I logout
BUSINESS ORG.ANIZATIONS INQUIRY - VIEW ENTITY
Filing Number: 800092594 Entity Type: Domestic For-Profit Corporation
Oi·iginal Date of Fili!1g: May 31, 2002 Entity Stat1.1s: In existence
Formation Date: N/A
Tax ID: 32006363934 FEIN:
Duration: Perpetual
Name: J & J CONTAINER MANUFACTURING, INC.
Address: PO BOX 38182
HOUSTON, TX 77238-8182 USA

REGISTERED ASSOCIATED
AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES

Name Address Inactive Date
Anthony Lewis Cook 6124 W Little York
Houston, TX 77091 USA

Instructions:
• To place an order for additional information about a filing press the 'Order' button.

https://direct.sos.state.tx.us/corp_inquiry/corp_inquiry-entity .asp?:Sfiling_number=80009 ... 11 /25/2013
APPENDIX

Tab 2
TAYLOR, TAYLOR & RUSSELL
ATTORNEYS AT LAW

MELLIE ESPERSON

815 WALKER.
BUILDING

SUITE 250

HOUSTON, TEXAS 77002
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ATTORNEYS AT LAW
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MELLIE ESPERSON BU1LD1NG

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HOUSTON, TEXAS 77002 ZIP 77002
u 1216663

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0 Agent
item 4 if Restricted Delivery is desired.
!!ii Print your name and address on the reverse
x 0 Addressee .
so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery
[;!:! Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? DYes
II\ 1'' \ l
{ \ ,.. \ le. ' S ,,., 1,i If YES, enter delivery address beloY;':
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2. Article Number
(Transfer from service label) 7012 3460 ODDO 2016 9230
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
APPENDIX

Tab 3
TAYLOR, TAYLOR & RUSSELL
ATTORNEYS AT LAW

MELLIE ESPERSON BUILDING

BIS WALKER, SUITE 250

HOUSTON. TEXAS 77002
TELEPHOl'JE (713) 615-6060

FACSIMILE (713) 61S-6070
*BOARD CERTIFIED-CIVIL TRIAL LAW
ANO PERSONAL 1N._.1URY TR1AL LAW
WARREN TAYLOR* www.taylaw.corn T~XAS BOAR[) OF t EGAl SPE"C!Al 1?AT10N
SETH McCAHILL TAYLOR
ALLEN D RUSSELL
STEPHEN T. LISS

NADIA LAKHANI

JulylL2014
Via Cc11ified Mail R.R.R .
Javier Galcrn 7013 3020 0000 8364 86 78
.l & J Container Manufacturing, Inc.
1526 De Soto
Houston, Texas 77091
Re: Case No. 1044425; Cintas -R US.. L. P. v. J & J Container Mam!f'acturing, inc.- In the
County Court at Law No. 3 of Harris County, Texas

Dear Mr. Galera:

Enclosed please find the following:

l. Plaintiff's Post Judgment In.te:rrogatories;
2. Request for Admissions;
3. Request for Production; and
4. Notice of Intent to take Oral Deposition

If you have any questions regarding this matter please contact our office .

.::t"
...a
rn Postage $
cO
Certified Fee
Cl
Postmark
Cl _ Return Receipt Fee
Here
Cl (Endorsement Required)
Cl
Restricted Deliveoy Fee
Cl (E:ndorsement Required)
ru
Cl Total Postage & Fees
rn
rn 'sent Th-"'"'--..···--···-·---·---·---···--····-..····--........

r=I ·srreei;'A{:it:Xro:;···-.. ····-----------·· ............. _.......... -..................... _................ .
0
("- or PO Box No.
··atY.: $
---,,-n-cludc nmounls from nny conununUon '------------~
sheets attached.
SCHEDULEB-REALPROPERTY

DESCRIPTION AND
LOCATION OF
PIWPERTY
.• .·

NATURE OF DEBTOR'S
INTEREST IN PROPERTY
lief
~~
gSi:
S:::i;;
aB
~=
CURRENT VALUE
OF DEBTOR'S
INTEREST IN
PROPERTY, WITHOUT
i
Ai\·JOUNTOF
SECURED
CLAIM
-1
..,,c::i DEDUCTING ANV I
=
=
U>
SECURED CLAlM
OR EXEMPTlON

-· ·-

.. .

l.,~·

Totnl>-
SCHEDULE C - CURRENT INCOME

Debtor's Mnrtllll .• DEPENDENTS OF DEBTOR AND SPOUSE
Stnrus: - -----------·--------
RELA TIONSHIP(S): AGE(S):
·-·-----·
Employment: DEBTOR SPOUSE
Occupation
Name of Employer
., __.... _______ _._ ..I
How long employed
.. - ·-·-·----·--·-·--· --··-···--·--- --------·-··--·

·-·
Address or Employer

-·

rNCDME: {Estimate ofavernge or projected monthly income al lime DEBTOR
case filed)
$._ _ _ _ _ __
l. Monthly gross wngcs, scllury, nnd commissions
(Prornle ifnol pnid monthly) $._~,....----
2. Estimule monthly overtime

3. SUBTOTAL

ti. LESS PAYROLL DEDUCTIONS $_ _ _ _ __
u. Puyroll tnxes nnd social security $._ _ _ _ __
b. lnsurnnce $._ _ _ _ __
c. Union dues
d. Other(Specify): _ _ _ _ _ _ _ _ _ _ __ $_ _ _ _ __

5. SUBTOTAL OF PAYROLL DEDUCTIONS

6. TOTAL NETMONTHLYTAKE HOME PAY

7. Regulor income from operntion of business or profession or farm
I:
$_ _ _ _ __
(Attnch detniled statement)
B. Income from real property $._ _ _ _ __
9. Interest nnd dividends $._ _ _ _ __
10. Alimony, mainlemmce or support pnyments payable to the debtor for $
the debtor's use or that of dependents listed nbove ------
11. Social security or government assist1111ce
(Specify):._ _ _ _ _ _ _ _ _ _ _ _ __ $._ _ _ _ __
12. Pension or retirement income $._ _ _ _ __
13. Other monthly income
(Specify):._ _ _ _ _ _ _ _ _ _ _ _ __

14. SUBTOTAL OF LINES 7 11-JROUGH 13 I
$'--------

$

15. AVERAGE MONTHLY rNCOME (Add uinounts sh1>wn on lines 6 Wld M} 1-.:$======:..---========------f
16. COMBINED AVERAGE MONTI-ILY INCOME: {Coinbinccolunu1101ols L.-----=-=======---------__J
fmm line 15; ifthcrt is only one debtor n:pcot IOlol rC1ponod on line 15)

17. Describe nny increase or decrcnsc in income rensonubly nnticipnted to occur within the year following lhe filing of this document:
SCHEDULED - CURRENT EXPENDITURES

I. Rent or home monguge payment (include tot rented for mobile home)
n. Are rent estntc taxes included? Yes No
b. Is property insurunce im:ludcd'l Yes No
2. Utilities: n. Electric,ity nnd healing fuel
b. Wntcr nnd sewer
c. Telephone
d. Olhcr
------·-----·---
3. Horne rnnintennnce (repairs nnd up!rnei:i) $
4.Food $ ----------------
$ _______ _
5. Clothing
6. L11undry nnd dry clconing $
7. Medico! nnd dental expenses $ _ _ _ _ __

8. Transponntion (not including car payments) $_
$ _ _ _ __
9. Recreation, clubs ond entertainment, ncwspnpers, mngnzincs, etc.
$ _ _ _ __
10.Chnritnblc contributions
11.lnsurnnce (not deducted from wagllS or included in homo mortgogc payments)
$ _ _ _ _ _.
n. Homcowner's or renter's
b. Life $ _ _ _ _ __
$ _ _ _ __
c.Heulth
$ _ _ _ _ __
d.Aulo
c.Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ $ _ _ _ __

12.Toxcs (nat deducted from wages or included in home mortgogc payments)
{Specify) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ $ _ _ _ _ __

13. lnslnllmcnl payments: (In chapter 11, 12, nnd l3 cases, do nol list payments lo be included in the plnn)
$ _ _ _ __
n. Auto
b.Othur _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~------- $
c. Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ $ _ _ _ _ __

14. Alimony, m11intcnnncc, lltld support pnid lo others $ _ _ _ _ __
$ _ _ _ __
15. Pnymcnl!! for support of 11ddition11l dependents not living nt your hame
16. Regular expenses from operation of business, profession, or form (nttnch dctniled sllltcment) $ _ _ _ _ __
17.0ther _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
$
·ii'·

18. AVERAGE MONTHLY EXPENSES (Tollll lines l-17. Repo1t11lso on Summmy of Schedules end, $
ifopplicoblc, on the Stutisticol Summnry ofCcrtnin Liobililies nnd Reloted Dnln.)
19. Describe nny increusc or decrease in uxpcndilures rcusonnbly nnlicipnted lo occur within the year following the tiling of this document:

20. STATEMENT OF MONTIIL Y NET INCOME
n. Avemgc monthly income from Line IS of Schedule I $_ _ _ _ _

b. Avcmge monthly Cl!penses l"tom Lino 18 above $ _ _ _ _ __

c, Monthly net income {n. minus b.) $_ _ _ __
POST JUDGMENT REQUEST FOR ADMISSIONS
Pursuant to Rule 198 of the Texas Rules of Civil Procedure you are asked to specifically
admit or deny the truth of the following statements by circling the answer which applic-s or
explain in detail the reason you cannot admit or deny the request. After you have answered each
of the requests for admission mail your answers to the undersigned attorm.:y not later than lh1rl)

three days following the date you received the requests. If you fail to respond to the requests
within the time allowed the requests may be deemed to be admitted.

REQUEST NO. l - The judgment against you is unpaid in whole or in part.
Admit Deny

REQUEST NO. 2 - The plaintiff in this case has made a good faith effort to collect the judgment
against you.
Admit Deny

REQUEST NO. 3 - You own property including present or future rights to property, that cannot
be readily attached or levied on by ordinary legal process and which is not exempt from
attachment, execution, or seizure for the satisfaction of liabilities.
Admit Deny
POST JUDGMENT REQUEST FOR PRODUCTION
Pursuant to Rule 196 of the Texas Rules of Civil Procedure you arc requested to produce the
documents identified in categories I through 31. With respect to each item or category of ikms .
you should state as appropriate that the requested items are being produced or that no items haw
been identified. alter a diligent search. that arc responsive to the request. Mail the n:sponsin:
documents to the undersigned attorney not later than thirty-three days following the date you
received the requests.
1. Provide true, correct and complete copies of all personal and business federal income tax
returns filed by or prepared for Defendant for the current year and for the last three (3) years prior
to the current year, together with all schedules, attachments, W-2 forms, 1099 forms and all
similar federal income summary forms for the s~~ years-.

2. Provide all statements, canceled checks and deposit slips for all checking accounts,
savings accounts, credit union accounts or other depository accounts, held either separately or
jointly, for the current calendar year and for the last three (3) years prior to the current calendar
year for all accounts in which Defendant's name is on the printed checks, in which Defendant has ~
an interest and/or in which Defendant has signatory authority.

3. Provide true, correct and complete copies of all financial statements prepared by or on
behalf of Defendant within the last three (3) years, including but not limited to, all such
statements presented to any financial institution and/or any other party for the purpose of
guaranteeing, securing or attempting to secure a loan or financial assistance of any kind.

4. All booklets, current and/or annual statements and all other documents evidencing the
nature and extent of Defendant's rights under any stock option plan, retirement plan, pension or
profit sharing plan, employee stock ownership plan, company savings plan, thrift fund matching
plan and all other similar plans prepared or received during the last three (3) years.

5. Provide the most recent statements, deposit confirmation slips, documents evidencing the
balance, term and interest rates for each and every amount of money and assets in which
Defendant has any interest, whether separately or jointly, invested by or for the Defendant in any
cash management funds, certificates of deposit, money market funds, treasury bills, bonds,
debentures or any other type investment and acquisition paying or promising to pay a return on
Defendant's monies invested during the current year and for the three (3) calendar years prior to
the current year.

6. Provide all certificates of stock and/or brokerage house statements evidencing all
ownership and every purchase, sale, assignment or transfer of stocks, bonds, debentures and/or
other securities (whether in privately held or publicly traded companies or institutions) owned by
Defendant or in which Defendant has a beneficial interest.

7. Provide all documents and records of every kind or character showing all business
holdings, partnerships (general, limited or otherwise), sole proprietorships, trust, corporations,
joint ventures and any other business organizations of every kind in which Defendant is a partner
or has an interest and any and all assumed name certificates under which Defendant has done or
is doing business.

8. Provide all policies of insurance active and terminated in the current year and two (2)
calendar years prior to the current year whether life, health, auto, disability, homeowners.
personalty or otherwise of which Defendant is the owner. beneficiary, insured. heir to the
proceeds. beneficiary of existing or identified trust funded by insurance proceeds.

9. Provide all deeds, deeds of trust, land installment contracts, contracts for deeds,
syndications, real estate investment trusts, partnership agreements, easements, rights of way.
leases, rental agreements, documents involving mineral interests, mortgages, notes and closing
statements relating to all real property in which Defendant now has or in which Defendant had an
interest during the last three (3) years.

10. Provide all certificates of title, current licenses, receipts, bills of sale and loan documents
for all motor vehicles and farm equipment, including but not limited to automobiles, trucks,
motorcycles, recreational vehicles, boats, trailers, airplanes and other motorized vehicles and
equipment owned by Defendant or in which Defendant has and had any interest.

11. For every trust of which Defendant is a trustee, joint trustee, beneficiary, settlor or trustor
which conveyed, transferred, assigned, created any options to purchase, or disposed of any
interest in real property or personal property in any manner during the last three (3) years, please
furnish documents evidencing the manner of disposition and the consideration received or to be
received. Also, furnish all documents showing all evaluations of Defendant's interest, share of
principal and income and documents showing the principal and income allocated to Defendant
whether or not distributed during the last three (3) years.

12. Produce all documents and records of all safe deposit boxes maintained by Defendant and
to which Defendant has had access, or has a claim, right or interest in, including all lists of all
contents therein. Identify the location of all said safe deposit boxes.

13. Produce all documents constituting and/or describing all accounts receivable of
Defendant whether or not collected. Also provide all documents identifying all accounts
receivables of all ongoing businesses which Defendant owns and in which Defendant had and
has an interest and a copy of all collected, offset, credited, uncollected, discounted, assigned,
pledged and exchanged accounts receivables.

14. If any real estate in which Defendant or if applicable, Defendant's present spouse have an
interest has been appraised within the past three (3) years, furnish a copy of each appraisal.

15. If any personal property in which Defendant or if applicable, Defendant's present spouse
has an interest has been appraised within the past three (3) years, furnish a copy of each
appraisal.
16. If an inventory or list of personal property has been made by Defendant or if applicable.
Defendant's present spouse within the past three (3) years, furnish a copy of such inventory or list
including all estimates of value placed on each item.

17. Produce all documents, notes, bills, statements and invoices evidencing all current
indebtedness payable by Defendant or paid off during the last three (3) years and all assignments
of promissory notes made by Defendant during the last three (3) years.

18. Produce all lease agreements for personal property and real property executed by
Defendant within the last three (3) years and/or which are currently in effect, whether as lessee.
lessor, sublessee, sublessor, assignee or assignor, including any mineral interest leases.

19. Produce all records of all travelers checks, cashier's checks, money orders, draft and
draws purchased or cashed within the last three (3) years ..
.
20. Provide the names, addresses and telephone numbers of all organizations and persons
within Defendant's knowledge who has or may have knowledge of the status of property in which
Defendant has and had an interest, whether being community or separate property, the liabilities
of Defendant and/or the location and value of any assets of Defendant. Include banks, savings
and loan associations, mortgagees, merchants, credit providers, brokers, credit unions, financial
institutions, security dealers, people and organizations dealing with mineral interests who have
received information from Defendant regarding or including information about Defendant's
assets and assets in which Defendant has an interest, Defendant's income and Defendant's
liabilities.

21. Provide documents and all records which would indicate the cost basis of assets presently
owned by Defendant.

22. Provide a copy of the current inventory and all past inventories, accounts receivable of all
ongoing businesses which Defendant owns and in which Defendant had afJ.d has an interest and a
copy of all collected, offset, credited, uncollected discounted, assigned, pledged and exchanged
accounts receivable of all businesses owned by Defendant and in which Defendant has and had
an interest.

23. Provide all contracts in which Defendant is a party or in which Defendant has or had a
beneficial interest, including but not limited to any earnest money contracts, construction
contracts and sales agreements in which Defendant is due a commission or other remuneration.
If Defendant is presently under the terms of any written employment contract and/or agreement
or is due any remuneration under any past contract or agreement, furnish a true copy of said
contract or agreement.

24. Provide all of the following documents for any corporation in which Defendant has an
interest:
a. Articles of Incorporation.
b. Bylaws and all amendments.
c. Shareholders Agreement and any amendments.
d. A specimen of the corporation's Share Holder Certificate including any stock transfer
restrictions noted on the face of the certificate or refetTed to thereon.
e. All records of the original issuance of shares issued by the corporation and a record ol
each transfer of those shares that have been presented to the corporation for
registration of transfer.
f. The names and cun-ent addresses of all past and current shareholders of the
corporation and the number and class or series or shares issued by the corporalwn
held by each of them.
g. A copy of the cun-ent share transfer ledger of the corporation showing the certilicalc
number, date of issuance, shareholder name and number of shares represented to he
held by the shareholders.
h. Any financial statements of the corporation prepared for or issued by the corporation
in the previous two years.
1. The books and records of accounts of the corporation for the last fiscal year.
J. The corporation's annual statements fot·its last fiscal year showing in reasonable
detail its assets and liabilities and the results of its operations and the most recent
interim statements, if any, which have been filed in a public record or otherwise
published.
k. The minutes of the proceedings of the owners or members or governing authority of
the corporation and committees of the owners or members or governing authority of
the corporation.
I. The corporation's federal, state, and local information or income tax returns and
franchise tax returns for each of the corporation's six most recent tax years.

25. Provide all of the following documents for any limited liability company ("Company") in
which Defendant has an interest:
a. The Articles of Organization.
b. The Operating Agreement or Company Agreement and all amendments and
modifications.
c. The Regulations, if any, and all amendments and restatements;
d. The Company's books and records of accounts for the last three years.
e. The Company's minutes of the proceedings of the owners or members or governing
authority of the Company and committees of the owners or members or governing
authority of the Company.
f. The current list of each member's name, mailing address, percentage or other interest
in the Company owned by each member, and if one or more classes or groups are
established in or under the articles of organization or regulations, the names of the
members who are members of each specified class or group.
g. Copies of the federal, state and local information or income tax returns and franchise
tax returns for each of the Company's six most recent tax years.
h. Copies of any document that creates, in the manner provided by the articles of
organization or regulations, classes or groups of members.
1. Unless they are contained in the Articles of Organization or regulation, a written
statement of:
( 1) the amount of a cash contribution and a description and statement of the
agreed value of any other contribution made or agreed to be made by each
member;
(2) the dates any additional contributions are to he made by a member;
(3) any event the occurrence of which requires a member to make additional
contributions;
(4) any event the occurrence of which requires the winding up of the Company;
and
(5) the date each member became a member of the Company.

J. A specimen of the Company's Member Unit or Share Certificate including any
transfer restrictions noted on the face of the certificate or referred to thereon.
k. The current unit or share transfer led$~r of the Company showing the certificate
number, date of issuance, unit holder or shareholder name and number of shares
represented to be held by any owner of the Company.
1. The income and expense statement for the Company for the past three years if they
are not contemplated under No. 4 above.
m. Any financial statements of the Company prepared for or issued by the Company in
the previous two years.

26. Provide all of the following documents for any limited partnership in which
Defendant has an interest:
a. A current list that states:
( 1) the name and mailing address of each partner, separately identifying in
alphabetical order the general partners and the limited partners;
(2) the last known street address of the business or residence of eaeh general
partner;
(3) the percentage or other interest in the partnership owned by each partner; and
(4) if one or more classes or groups are established under the partnership
agreement, the names of the partners who are members of each specified class
or group.
b. A copy of:
( 1) the limited partnership's federal, state, and local information or income tax
returns and franchise tax returns for each of the partnership's six most recent
tax years;
(2) the partnership agreement and certificate of formation; and
(3) all amendments or restatements.
c. Copies of any document that creates, in the manner provided by the partnership
agreement, classes or groups of partners.
d. An executed copy of any powers of attorney under which the partnership
agreement, certificate of formation, and all amendments or restatements to the
agreement and certificate have been executed.
e. Unless contained in the written partnership agreement, a written statement of:
(1) the amount of the cash contribution and a description and statement of the
agreed value of any other contribution made by each partner:
(2) the amount of the cash contribution and a description and statement of the
agreed value of any other contribution that the partner has agreed to make in
the future as an additional contribution:
( 3) the date on which additional contributions are to be made or the date or events
requiring additional contributions to be made:
(4) events requiring the limited partnership to be dissolved and its affairs wound
up; and
(5) the date on which each partner in the limited partnership became a partner.
f. The records of the accounts of the limited partnership.
g. The income and expense statement "tor the limited partnership for the past three
years if they are not contemplated under No. 6 above.
h. Any financial statements of the limited partnership prepared for or issued by the
limited partnership in the previous two years.

27. Provide documents by which every gift, bailment, loan, gratuitous holding assignment, sale,
hypothecation, discounted transfer, transfer into lock box payment and transfer of Defendant's
property during the last three (3) years, including, but not limited to, all property described
hereinabove and any other property of any nature.

28. Provide documents and records of every kind and character showing all personal property
in which Defendant has and had an interest in the State of Texas, the United States of America or
any other place.

29. Provide copies of the Articles of Incorporation, partnership agreements and assumed name
records of all companies, partnerships, corporations and proprietorships that have owners,
employees, officers, directors, shareholders and partners which are or were also owners or employees
of Defendant.

30. Provide employment records or pay records to indicate every business for which Defendant
was employed, provided services, was an independent contractor, general contractor, superintendent,
agent or subcontractor during the last three (3) years.

31. To the extent not already produced in response to the foregoing, produce the following
property, documents and records which Defendant owns or has an interest: all checks, cash,
securities (stocks and bonds), promissory notes, deeds, deeds of trust, documents of title, contracts,
accounts receivable, escrow agreements, retainage agreements, records and all documents that
identify all property in which Defendant has an interest and that which is collateral or security for
any obligation or contingent obligation of Defendant, along with all documents indicating any
interest of the Defendant in rental agreements, royalty agreements, licenses, bailment agreements.
filings pursuant to the Uniform Commercial Code, security agreements, assignments, all filed or
recorded liens, lis pendens, lawsuits, recorded Mechanics and Materialmen's Lien Affidavits.
judgments, abstracts, partnership agreements, employment agreements, as well as all documents
indicating Defendant's present and prospective heirship, beneficial interest in trusts. beneficial
interest in insurance policies and insurance coverage and right to any insurance poltcy's cash
surrender value or ownership.
NOTICE OF INTENT TO TAKE ORAL DEPOSITION

Defendant shall take notice that Defendant's oral deposition will be taken by a non-
stenographic means at the place and time stated below. Defendant should appear as requested at
the place and time designated below and be prepared to give testimony concerning the
information given in response to Plaintiffs Post Judgment Interrogatories and Request for
Production. Defendant's failure to appear may result in the Court finding that Defondant is
avoiding collection efforts and failing to cooperate in the discovery process in aid of enforcement
of the Judgment and sanctioning Defendant in appropriate manner. Defendant may appear
telephonically for the non-stenographic deposition if coordinated with Mr. Russell prior to the
following deposition date.

Date of Deposition:~A~u...,.g'""'u=s..._t"""'13~,'""2"""0.....1-"4_ _ _ _ _ _ __

Time of Deposition:-'1'""'":3:..0:::;...,i;:;p=.m=.'-------------

Place of Deposition: Taylor, Taylor & Russell Law Firm
815 Walker, Suite 250
Houston, Texas 77002

Method of non-stenographic recording to be used: The deposition will be recorded by a tape
*'
recorder
' . "'

Respectfully submitted,

TA Yl;,O~·-"S~LOR & RlJS§J~!?~,,.

(k_;{:;//J~
./·_ ·~ :· / \ ...l...L./ 1 , ' '
/
Allen D. Russell
SBN 00784889
815 Walker, Suite 250
Houston, Texas 77002
(713) 615-6060
(713) 615-6070 Facsimile

.. ATTORNEY FOR PLAINTIFF
'

CERTIFICATE OF SERVICE

The undersigned certifies that a true copy of this document was sent via certified mail,
return receipt requested to the Defendant on the _Jj_day of T lA / y.
I
, 2014.
Javier Galera
J & J Container Manufacturing, Inc.
1526 De Soto
Houston, Texas 77091

Allen D. Russell
APPENDIX

Tab 4
County Audlto(s Form #7001 AMEGY BANK OF TEXAS
Ha 2/98)
LANDO SANCHEZ HOUSTON, TEXAS
35-1125/1130
TREASURER OF HARRIS COUNTY, TEXAS
FEE OFFICER No
XXXXXXXXX
XXXXXXXXX
XXXXXXXX
01135222
i"
' '\ :.'-'\I'
ALLEN D RUSSELL
STEPHEN T LISS

NADIA LAKHANI
September 24. 20 I -i

Via Regular U,\'. Mail

Javier Galera
J & J Container Manufacturing, Inc.
1526 De Soto
Houston, Texas 77091

Re: Cause No. 1044425; Cintas-R US, LP v. J & J Container Manufacturing, l nc.; In
the County Court at Law No. 3 of Harris County, Texas

Dear Mr. Galera:

Attached is the Full and Final Release of Judgment in the above referenced case.

Please contact me if you have any questions.

v~~
Michael Green
Paralegal to Allen D. Russell

Enclosure
CAUSE NO. 1044425

CINT AS-R.U.S., L.P. § IN THE COUNTY COlJRT
§
v. § AT LAW N0.3
§
,J & .•i CONTAINER
MANUF ACTUIUNG~ INC *
§ HARRIS COUNTY, TEXAS

FULL AND FINAL RELEASE OF JUDGMENT
AND JUDGMENT LIEN

STA TE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §

WHEREAS, on the 3rd day of June, 2014, Plaintiff, Cintas-R.U.S., L.P., in the Harris County

Court at Law No. 3, Cause No. 1044425; Cintas-R. US.. L.P. v. J & J Container Manufacturing, Inc.; !>$

obtained and recovered and currently has a judgment against the Defendant, in the principal amount of

Sixteen thousand, Nine hundred and Sixty-nine dollars and 82/100 ($16,969.82), plus post-judgment

interest thereon at the rate of 5 % per annum from June 3, 2014 until paid in full, and costs of court, and

WHEREAS, Plaintiff, Cintas, in consideration of the payment by Defendant, the receipt and
"'
d°'"

sufficiency of which is hereby acknowledged and confessed, does hereby release, acquit and forever

discharge the Judgment obtained on June 3, 2014, againstthe Defendant, J & J Container Manufacturing,

Inc., more particularly described above, and agrees that it, nor any of its employees, servants, agents,

successors or assigns shall ever look to Defendant in the future for any further payment resulting or in

connection with such Judgment and further does hereby disclaim any and all liens and encumbrances

created thereby. As further consideration for the payment noted above, Allen D. Russell warrants that

he is duly authorized and empowered to contract for and bind Plaintiff, and further warrants that Plaintiff

is the sole owner and holder of the Judgment and any liens released hereby and that Plaintiff has not

Page I of 3
assigned or encumbered any rights to payment in connection with the Judgment and liens created thereby:

and

NOW THEREFORE, Plaintiff: Cintas, as owner and holder ofthe Judgment obtained against th1.~

Dclcndant J & .I Container Manufacturing. Inc .. on the .·vc1 day of June. 2014. hereby acknovvlcdgcs

payment from Defendant, the receipt and sutticiency of which is hereby acknowledged and confessed.

for the full and complete settlement of the Judgment and liens created thereby, does hereby release,

demise, discharge and declare that such Judgment rendered against the Defendant as described herein,

has been fully compromised and settled, and further hereby releases, cancels and annuls any and all liens

created by the filing of any and all Abstracts of Judgment, Writs of Execution, Writs of Garnishment, and

any and all other post-judgment remedies which Plaintiff, Cintas, has availed itself of.

WITNESS MY HAND this p( ~day ?'J?.k>111a.-=-r--+-_,.._,,,,._-~,.__-
of

ALLEN D. R
Attorney for Plaintiff

Page 2 of 3
STATE OF TEXAS §
§
COUNTY OF HARRIS §

BEFORE ME. the undersigned authority on this day personally appeared Allen D. Russc!L
Attorney fix Cintas, known to me to he the person whose hand is suhscrihcd in the forcgoin)!. i11stru1m~111
and acknowledged to me that he executed the same for the purposes expressed therein and in the capacil_\
stated therein and that he is duly authorized and empowered to contract for and hind Cintas.

SUBSCRIBED AND SWORN TO BEFORE ME. the undersigned authority. on this the Z.:i
of se'Qkf
mhf!C, 2014.

ClAAA I. BETANCOURT
MY COMMISSION EXPIRES
Jooa1s,201s

Page 3 of 3

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4053063. Public record. Not legal advice.