Acuna et al v. Martin et al

MOTION to Dismiss for Lack of Jurisdiction

W.D. Tex.April 19, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION BELINDA ACUNA d/b/a SACRED § HEART MOVING AND STORAGE § and PHILLIP HOLGUIN § § Plaintiffs, § § vs. § CAUSE NO: 3:17-cv-00117-DB § CINDY MARTIN and DR. ROBERT § MARTIN, § § Defendants. § DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ SECOND AMENDED COMPLAINT FOR LACK OF PERSONAL JURISDICTION TO THE UNITED STATES DISTRICT COURT: NOW COME Defendants Dr. Robert and Mrs. Cindy Martin (collectively “Defendants” or “the Martins”) and file their Motion to Dismiss for Lack of Personal Jurisdiction, prior to the filing of any other pleadings, and after removal to this Court, and pursuant to Fed. R. Civ. P. 12(b)(2) respectfully move this Court to dismiss for lack of personal jurisdiction all claims brought by Plaintiffs Belinda Acuna d/b/a Sacred Heart Moving and Storage and Phillip Holguin (collectively “Plaintiffs” or “Sacred Heart”) in their Second Amended Petition. Defendants would show the Court the following: I. FACTUAL BACKGROUND. Dr. Robert Martin is a cardiologist who retired as a Captain in the United States Navy about five years ago, after serving for nearly 25 years. It is undisputed that Dr. Martin and his wife, Cindy, lived in Silver City, New Mexico until September, 2016, when they purchased a Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 1 of 22 2 house and moved about 1700 miles north to Wisconsin Rapids, Wisconsin. It is also undisputed that the Martins never resided in El Paso, Texas. After looking into the cost of using a national moving company, the Martins looked for a family-owned moving company that would go to Silver City to pick up and move their belongings to Wisconsin. Plaintiffs quoted the Martins a fairly reasonable price over the telephone. Cindy Martin asked Plaintiffs to come to New Mexico to do a physical estimate/survey but Plaintiffs refused to do so and assured the Martins that a home visit was not necessary. The Plaintiffs also reassured the Martins that the final cost of the move would be at or near the quoted cost. Plaintiffs’ website states “[a]ll customers are provided with an up- front free on-site estimate in writing that is guaranteed. There are never any hidden charges when you choose Sacred Heart Moving and Storage.” As a result of the parties’ telephonic conversations, Plaintiffs prepared their Moving Estimate, dated July 27, 2016, which quoted a total cost of $8,755.02. Thereafter, Mrs. Martin received additional Moving Estimates dated August 6 and August 8, which also quoted a total cost of $8,755.02. The July 27 and August 6 moving estimates contained no customer signatures and no Texas forum selection clause. However, Plaintiffs promised that the bid they were giving Mrs. Martin was binding, and Mrs. Martin agreed to the offer. The August 8 moving estimate contained Mrs. Martin’s electronic signature, but also did not contain a Texas forum selection clause. On the same day, the Martins paid a two-hundred dollar ($200.00) deposit. Plaintiffs agreed to go to Silver City on the morning of August 26 to pack the Martins’ belongings. However, Plaintiffs did not arrive to the Martins’ home in Silver City until about 7:00 p.m. At that time Plaintiffs required a payment of $2,138.75. After only two hours of packing, Plaintiffs’ representative driver presented Mrs. Martin with a new moving estimate, and stated that Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 2 of 22 3 a signature was required. The driver told Mrs. Martin that the estimate was the same as she previously reviewed online, and he did not say anything about any additional terms, and certainly did not discuss a forum selection clause. See Exhs. A, B, C, & D (July 27, August 6, and August 8, and August 26 Moving Estimates). The following day, on August 27, the Plaintiffs, through their driver who acted as their agent, requested more money from the Martins. The Martins were forced to sign a bill of lading and make another payment of $2,138.75 at the end of the second day of packing. See Exh. E. On August 28, Plaintiffs’ employees returned to the Martins’ house with an empty truck, having taken away all that they had previously loaded. They finally finished loading, and then presented Cindy Martin with a second bill of lading and demanded an additional payment of $5,425.50 in addition to the previously agreed-upon cost—in contravention to the moving estimates and the first bill of lading. See Exh. F. Only after they had finished packing all of the Martins belongings did the Plaintiffs demand the additional monies by falsely representing they had “underbid” the job. Mrs. Martin felt that she had no choice, and was compelled to pay fifty percent (50%) of the additional charges. As such, they paid another $2,712.75, on August 28, for a total of $7,190.25 (i.e., $200.00+$2,138.75+$2,138.75+$2,712.75=$7,190.25). According to the Plaintiffs’ first and second bill of lading, the Martins purportedly still owed $6,990.25 (i.e., $4,277.50+2,712.75) to the Plaintiffs. See Exhs. E & F. On September 8, Mrs. Martin informed Plaintiffs that November 1, 2016 would be the new move date. On September 24 and 27, Mrs. Martin contacted Plaintiffs regarding a change to an October 21 delivery date rather than November 1, to which Plaintiffs agreed. On September 27, the Plaintiffs confirmed to Mrs. Martin that the Martins’ belongings would be delivered by October 21. The Martins had been staying in Tucson, Arizona from the end of August when they moved Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 3 of 22 4 out of their New Mexico home until they arrived in Wisconsin around October 19. After arriving at their empty house in Wisconsin Rapids, Mrs. Martin called Plaintiffs several times to determine the status of the October 21 delivery. Mr. Phillip Holguin assured Mrs. Martin that Plaintiffs had finished loading the delivery truck and were getting ready to head out that same day and would deliver in Wisconsin by October 21. On the date of the promised delivery, October 21, Plaintiffs failed to show up, and did not call or otherwise communicate with Mrs. Martin. The Martins’ phone calls, messages, and e-mail went unanswered until about 3:30 p.m. Plaintiffs informed Mrs. Martin that the driver had the stomach flu and Plaintiffs were unable to tell Mrs. Martin the location of the truck with the Martins’ belongings. Plaintiffs stated that their driver did not have a cell phone to be contacted. On October 22, the Martins called all day to ascertain when the promised delivery would take place; there was no answer or return phone call from the Plaintiffs. On October 23, Mrs. Martin contacted Mr. Holguin, who informed her that the truck would depart on October 24, and the delivery would take place on October 26. Mrs. Martin was also informed that the moving truck had not, in fact, been loaded the prior week, and that Plaintiffs’ driver had been sick all week. On October 26, Plaintiffs’ truck and driver failed to arrive at the house in Wisconsin; the Martins’ phone calls to Plaintiffs went unanswered. On October 27, Mr. Holguin informed the Martins that the moving truck broke down in Oklahoma and the driver had returned to Texas. On October 28, the Plaintiffs advised the Martins that the truck was supposedly somewhere in Texas waiting for a part; Plaintiffs stated that they would fix the part where the truck was located rather than returning the truck to El Paso, and Plaintiffs promised delivery of the Martins’ belongings on October 31. Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 4 of 22 5 However, on October 31,again with no communication, Plaintiffs’ truck and driver did not show up in Wisconsin. On November 1, Mrs. Martin called Mr. Holguin, who then told Mrs. Martin that the truck did not leave for Wisconsin as represented, but instead, the truck went back to El Paso. Mr. Holguin told Mrs. Martin that the driver could not work more than eight days in a row, so the driver allegedly had to return to El Paso for his day off. Mr. Holguin promised that the moving truck would depart on November 2. Yet again, the moving truck did not depart for Wisconsin on November 2, and nobody from Plaintiffs’ office communicated with the Martins about the further delay. Since the Martins kept receiving no or false information from Plaintiffs, the Martins were concerned that their belongings had been lost or stolen. In an effort to protect the last of their money involved with the moving fiasco, the Martins cancelled payment of $6,990.25 on their credit card. Later the same day Mr. Holguin called, refused to deliver the Martins’ belongings and threatened to auction the goods unless the Martins reinstated the credit card payment. Mr. Holguin did not explain the delay and failure to deliver when promised, yet again promised that the Martins’ belongings would be delivered by November 7 if the charges were reinstated. Under duress, on November 3, the Martins reinstated the credit card charges; American Express verified to Plaintiffs that payment was again authorized and credited to Plaintiffs’ account. The funds were received by Plaintiffs on November 5. American Express contacted Mr. Holguin to explain that the funds were available to them. However, Mr. Holguin hung up on American Express and refused to answer its phone calls. In addition, the Martins e-mailed Plaintiffs to inform them that the credit card payment was reinstated. Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 5 of 22 6 On November 7, the moving truck did not arrive. Mrs. Martin sent another e-mail checking on the status of the delivery. In response, Mr. Holguin demanded payment by certified funds only, or by Postal Money Order, although American Express verified that Plaintiffs had already received funds of $6,990.25 In addition, Mr. Holguin again threatened to auction off the Martins’ belongings if certified funds were not received immediately. Subsequently, Mrs. Martin mailed cashier’s check in the amount of $6,990.25 with payment received on or about November 15, via postal confirmation. By mid-November, the Martins had paid the Plaintiffs a total of $14,180.50 (i.e., $7,190.25+$6,990.25). On November 15, Plaintiffs promised Mrs. Martin that the moving truck would arrive the weekend of November 19. On November 16, Mr. Holguin promised that the moving truck would arrive on Sunday, November 20. The moving truck did not arrive during the weekend, and the Martins’ multiple attempts to contact Plaintiffs went unanswered. On November 22, Mrs. Martin tried to contact Mrs. Acuna at her other job at the El Paso County courthouse, where Mrs. Acuna works for one of the state courts. Mrs. Acuna returned her call about two hours later, and raised her voice at Mrs. Martin for having called her at the courthouse. Mr. Holguin called Mr. Martin and said Plaintiffs’ driver quit and that the driver was embarrassed to inform Plaintiffs. On November 29, Mr. Holguin informed Mr. Martin that the moving truck had just left and would be there by Friday, December 2. On December 1, still not having heard anything from Plaintiffs, a Wisconsin attorney e-mailed a letter to Plaintiffs regarding a possible lawsuit in Wisconsin if goods were not delivered. In response to the letter and to stifle criticism—and before Plaintiffs had delivered any of their belongings to the Martins—Plaintiffs filed a lawsuit in El Paso County, Texas alleging one Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 6 of 22 7 count of defamation, on December 2. Plaintiffs’ pleadings contained no specificity regarding alleged words constituting the alleged defamation. Also on December 2, Plaintiffs’ attorney, Steven James, sent a letter to Dr. and Mrs. Martin by email, without referencing the suit, and stated that “[i]t is my understanding that the truck left El Paso, Texas, earlier this week and should be arriving at your address shortly. Either today [Dec. 2] or tomorrow [Dec. 3].” In fact, the moving truck left on December 2 and not earlier that week. The moving truck finally arrived at the house in Wisconsin on December 4 at about 9:45 p.m. Plaintiffs’ representatives said that it was too late to unload and left. On December 5, two drivers made a partial delivery. On December 6, the drivers finished unloading the Martins’ belongings. There were many broken items, and a number of items were and are still missing. The severity of the damages to the Martins’ belongings was significant, as if subjected to vandalism, or the belongings were in a truck that was in an accident. The Martins attempted to contact both Plaintiffs regarding the damage to their belongings and missing items in order to have them reimburse them for their losses. During the course of the past several months, many communications were exchanged by both email and text messages. However, by the end of December, e-mail correspondence to Plaintiff Phillip Holguin— Phillip@sacredheartmovingandstorage.com, the same address used for months—was being returned as undeliverable. In retaliation for the Martins’ requests for Plaintiffs to complete their obligations and deliver, unharmed, their household belongings, and even before delivery of Defendants’ belongings to their home in Wisconsin, Plaintiffs filed suit in an El Paso state court against Defendants on December 2, and alleged one count of defamation. There was no proper non- resident service on either Defendant, but a copy was improperly delivered to Dr. Robert Martin, Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 7 of 22 8 who filed his special appearance to contest jurisdiction on February 6, 2017. Plaintiffs then amended their pleading to request non-resident service under the Texas long-arm statute. On February 17, 2017, Plaintiffs filed their latest live pleading, Plaintiff’s Second Amended Original Petition, in which they allege one count of defamation and a request for declaratory judgment. See Pl.’s Second Am. Org. Pet. ¶¶16-17. The Martins are individuals who do not have the requisite minimum contacts necessary for the Court to exercise jurisdiction over them. Plaintiffs now properly allege that the Martins are now residents of the State of Wisconsin, where they have been since Plaintiffs filed suit. See Pl.’s Second Am. Org. Pet. ¶2. There are no allegations that the Martins own property in Texas, or travelled to Texas for any reason related to the allegations Plaintiffs make or during any period relevant to this lawsuit. Nor do Plaintiffs allege that the Martins are registered to vote, pay or file taxes in Texas, have a Texas driver’s license or Texas registered vehicles, hold any licenses or permits issued by the State of Texas, own any assets or personal bank accounts in Texas, or maintain a mailing address in Texas. In other words, there is no allegation that the Martins have any contact with Texas that would allow Plaintiffs to bring them to court in Texas. Any exercise of jurisdiction over the Martins in Texas would offend traditional notions of fair play and substantial justice. For these reasons, the Martins ask the Court to decline to exercise jurisdiction over them and to dismiss this suit. II. THIS COURT SHOULD DISMISS THE PLAINTIFFS’ CLAIMS BECAUSE THERE IS NO PERSONAL JURISDICTION OVER THE MARTINS. The Plaintiffs’ claims should be dismissed because there is no personal jurisdiction over the Martins in this state or district. A. Plaintiff s Do Not Meet the Standard for Establishing Personal Jurisdiction. The Plaintiffs do not allege that the Court has general jurisdiction over the Martins, but Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 8 of 22 9 that by virtue of a document allegedly presented to Cindy Martin in Silver City by a truck driver while loading the Martins’ home contents, there exists specific jurisdiction. The argument fails. The plaintiff has the burden of establishing a court’s jurisdiction over a defendant. McNutt v. Gen. Motors Accept. Corp. of Ind., 298 U.S. 178, 189 (1936); Monkton Ins. Services, Ltd. v. Ritter, 768 F.3d 429, 431 (5th Cir. 2014). The court “must accept the plaintiff’s uncontroverted allegations, and resolve in [his] favor all conflicts between the facts contained in the parties’ affidavits and other documentation.” Monkton Ins. Services, Ltd., 768 F.3d at 431. “To establish jurisdiction is proper, the plaintiff must show that the nonresident defendant ‘purposely availed [itself] of the benefits and protections of the forum state by establishing ‘minimum contacts’ with the forum state.” Id. “Due process limits a court’s assertion of personal jurisdiction over nonresident defendants to cases where these defendants purposefully establish ‘certain minimum contacts with [the forum state] such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.’” Aviles v. Kunkle, 978 F.2d 201, 204 (5th Cir. 1992). There are two alternative grounds upon which a court may predicate its exercise of personal jurisdiction over a defendant: specific jurisdiction and general jurisdiction. See Int’l Shoe Co. v. Washington, 326 U.S. 310, 316-18 (1945); Monkton Ins. Services, Ltd., 768 F.3d at 431. Specific jurisdiction applies where the lawsuit “arise[s] out of or relate[s] to the defendant’s contacts with the forum.” Helicopteros Nacionales de Columbia, S.A. v. Hall, 466 U.S. 408, 414 n.8 (1984). General jurisdiction over foreign defendants is appropriate only where “their affiliations with the State are so ‘continuous and systematic’ as to render them essentially at home in the forum State.” Daimler AG v. Bauman, 134 S. Ct. 746, 761 (2014) (citing Goodyear Dunlop Tires Ops., S.A. v. Brown, 131 S. Ct. 2846, 2851 (2011)). Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 9 of 22 10 Additionally, if a plaintiff's claims relate to different forum contacts of the defendant, specific jurisdiction must be established for each claim.” Seiferth v. Helicopteros Atuneros, Inc., 472 F.3d 266, 275 (5th Cir. 2006) (emphasis added). Furthermore, “[t]he plaintiff cannot be the sole link between the defendant and the forum; instead the defendant’s conduct must constitute the necessary connection with the forum state for specific personal jurisdiction over him.” Evergreen Media Holdings, LLC v. Safran Co., CIV.A. H-14-1634, 2014 WL 7272292, at *5 (S.D. Tex. Dec. 18, 2014). B. The Court Lacks Specific Jurisdiction Over The Martins With Regard to the Plaintiffs’ Claims. Even if taken as true for purposes of this Motion, the allegations in the Petition fail to show that this Court may exercise specific jurisdiction over the Martins. Specific jurisdiction “focuses on the relationship among the defendant, the forum, and the litigation” and “for a state to exercise jurisdiction consistent with due process, the defendant’s suit-related conduct must create a substantial connection with the forum state.” Monkton Ins. Services, Ltd., 768 F.3d at 433. “Th[e] [Fifth] [C]ircuit applies a three-step analysis for the specific jurisdiction inquiry: (1) whether the defendant has minimum contacts with the forum state, i.e., whether it purposely directed its activities toward the forum state or purposefully availed itself of the privileges of conducting activities there; (2) whether the plaintiff's cause of action arises out of or results from the defendant's forum-related contacts; and (3) whether the exercise of personal jurisdiction is fair and reasonable.” Id. If plaintiff “can successfully establish the first two prongs, then the burden shifts to [defendant] to show that exercising jurisdiction would be unfair or unreasonable.” Id. The Plaintiffs’ allegations fall well short of meeting this standard. None of Plaintiffs’ allegations serves as a sufficient basis for specific jurisdiction over the Martins with regard to Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 10 of 22 11 Plaintiffs’ claims. a. Plaintiffs Cannot Rely on Directed-At Tort Jurisdiction. “Under the Federal Rules of Civil Procedure, a federal court sitting in diversity may exercise jurisdiction over a non-resident defendant only if permitted under state law. Under the Federal Rules of Civil Procedure, a federal court sitting in diversity may exercise jurisdiction over a non-resident defendant only if permitted under state law.” Quintel Tech., Ltd. v. Huawei Techs. USA, Inc., No. 4:15cv307, 2017 U.S. Dist. LEXIS 55659, at *11 (E.D. Tex. 2017) (internal citations omitted). Texas state courts have rejected the argument that out-of-state defendants “directing a tort” at the forum state is a basis for specific personal jurisdiction. Crossroads, LLC v. A.D.I.M. Global Co., No. 05-16-00486-CV, 2016 Tex. App. LEXIS 13202, at *14-15 (Tex. App.—Dallas Dec. 13, 2016, no pet. h.) (citing Olympia Capital Assocs., L.P. v. Jackson, 247 S.W.3d 399, 406 (Tex. App.—Dallas 2008, no pet.) for the proposition that “[s]pecific jurisdiction is not established merely by allegations or evidence that a nonresident committed a tort in the forum state or ‘directed a tort’ at the forum state.”); see also Michiana Easy Livin' Country, Inc. v. Holten, 168 S.W.3d 777, 790-92 (Tex. 2005). The Dallas Court of Appeals recently stated the following— The Texas Supreme Court, in applying Calder and Keeton, has “found unpersuasive” the argument that a defendant is subject to specific jurisdiction in Texas by “directing” a tort into Texas by allegedly making misrepresentations during a telephone call with a Texas resident. Searcy v. Parex Resources, Inc., 496 S.W.3d 58, 68 (Tex. 2016) (citing Michiana, 168 S.W.3d at 788). The court has explained “[t]here is a subtle yet crucial difference between directing a tort at an individual who happens to live in a particular state and directing a tort at that state.” TV Azteca, 490 S.W.3d at 43. “Under Calder, ‘mere injury to a forum resident is not a sufficient connection to the forum.’ Instead, ‘an injury is jurisdictionally relevant only insofar as it shows that the defendant has formed a contact with the forum State,’ and ‘[t]he proper question is not where the plaintiff experienced a particular injury or effect but whether the defendant’s conduct connects him to the forum in a meaningful way.” Id. at 42 (quoting Walden, 134 Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 11 of 22 12 S. Ct. at 1125)). “Mere knowledge that the ‘brunt’ of the alleged harm would be felt—or have effects—in the forum state is insufficient to confer specific jurisdiction.” Searcy, 496 S.W.3d at 68 (citing Walden, 134 S. Ct. at 1123). “[T]he analysis looks to the defendant’s contacts with the forum State itself, not the defendant’s contacts with persons who reside there.” TV Azteca, 490 S.W.3d at 42 (quoting Walden, 134 S. Ct. at 1122); see also Searcy, 496 S.W.3d at 67-68 (“Thus, ‘the mere fact that [a defendant’s] conduct affected plaintiffs with connections to the forum [s]tate does not suffice to authorize jurisdiction.” (quoting Walden, 134 S. Ct. at 1126). “[T]he mere fact that [defendants] directed defamatory statements at a plaintiff who lives in and allegedly suffered injuries in Texas, without more, does not establish specific jurisdiction over [defendants].” TV Azteca, 490 S.W.3d at 43. Stanton v. Gloersen, No. 05-16-00214-CV, 2016 Tex. App. LEXIS 12726, at *30-31 (Tex. App.—Dallas Nov. 30, 2016, no pet. h.) (holding that the trial court did not err by granting a special appearance because the defendant’s alleged conduct underlying the plaintiff’s claims fraud, conspiracy to maliciously prosecute, and conspiracy to commit a crime were—at best—a tort directed at a Texas resident and was insufficient to show that the defendant purposefully availed herself of the privilege of conducting activities in Texas). Similarly, the Plaintiffs’ vague allegations of Cindy Martin’s alleged tortious conduct in New Mexico and/or Wisconsin about a Texas resident is insufficient to confer specific jurisdiction over the Martins as to Plaintiffs’ claim of defamation. See Moncrief Oil Int'l, Inc. v. OAO Gazprom, 414 S.W.3d 142, 157 (Tex. 2013) (defendants’ alleged tortious conduct in California against Texas resident was insufficient to confer specific jurisdiction over defendants as to plaintiff's tortious interference claims). The Plaintiffs do not allege that either Dr. Martin or Cindy Martin came to El Paso to conduct any business with Plaintiffs, or were otherwise physically in Texas. The Plaintiffs do not allege that Cindy or Dr. Martin were in El Paso when they made communications of which Plaintiffs now complain. The Plaintiffs do not refer to any specific posting on “social media” of which they complain, nor do they say that Cindy or Dr. Martin were in El Paso when any communications were made. The Plaintiffs do not allege that Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 12 of 22 13 the Martins engaged in any internet commerce. The Plaintiffs make only vague and unspecified complaints about reviews to the Better Business Bureau and Yelp, online review services, but do not specify what communications were supposedly defamatory or when they were published. The Plaintiffs complain about an interview by KTSM of Cindy Martin, who was contacted by a reporter who supposedly had an interest in an antique shop and asked to do a story, which aired on or about November 23, 2016. The reporter interviewed Cindy Martin via Skype while Ms. Martin was in Wisconsin. Ms. Martin did not edit or publish any television report. The Plaintiffs do not make any allegations of conduct by Dr. Martin of tortious conduct, and allege no jurisdictional facts against him. Instead, Plaintiffs allege communications by Cindy Martin. Dr. Martin denies making any postings or communications. It is well settled that a “person is liable for the acts of [his] spouse only if the spouse acts as [his] agent, or the spouse incurs a debt for necessaries.” Hill v. Jarvis, 2008 Tex. App. LEXIS 4879 *11 (Tex. App. – Tyler 2008, pet. denied). “A spouse does not act as an agent of the other solely because of the marriage relationship.” Id. “Neither spouse is individually liable for the torts of the other spouse, unless liability is imposed under a doctrine such as agency, respondeat superior, or joint enterprise.” Id., citing Lawrence v. Hardy, 583 S.W.2d 795, 799 (Tex. Civ. App. – San Antonio 1978, writ ref’d n.r.e.). Akin to the facts in Stanton and Moncrief Oil, Plaintiffs are unable to rely on an allegation that the Martins “directed a tort” at Texas as a basis for specific personal jurisdiction. b. Contract to Move Possessions from New Mexico To Wisconsin Is Insufficient to Establish Specific Jurisdiction In El Paso, Texas, Over the Martins. In their amended petitions, Plaintiffs allege that Cindy Martin signed an agreement that purportedly gives this Court jurisdiction. Those allegations are untrue. Although Tex. Civ. Prac. & Rem. Code § 17.042 states that a “nonresident does business in this state if the nonresident: Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 13 of 22 14 (1) contracts by mail or otherwise with a Texas resident and either party is to perform the contract in whole or in part in this state . . .” Tex. Civ. Prac. & Rem. Code § 17.042, “merely contracting with a resident of the forum state is insufficient to subject the nonresident to the forum's jurisdiction.” Olympia Capital Assocs., L.P., 247 S.W.3d at 418 (mere existence of contract between nonresident and a Texas resident, including communications related to the execution and performance of that contract, insufficient to support specific jurisdiction). In addition, communications through telephone or email between a Texas plaintiff and a foreign defendant is insufficient to support exercise of specific jurisdiction. KC Smash 01, LLC v. Gerdes, Hendrichson, Ltd., L.L.P., 384 S.W.3d 389, 393 (Tex. App.—Dallas 2012, no pet.) (citing Olympia Capital Assocs., L.P., 247 S.W.3d at 417-18). Similarly, “[s]ending payments to Texas does not establish minimum contacts.” KC Smash 01, LLC, 384 S.W.3d at 394 (citing Freudensprung v. Offshore Technical Servs., Inc., 379 F.3d 327, 344 (5th Cir. 2004) (“this court has repeatedly held that the combination of mailing payments to the forum state, engaging in communications related to the execution and performance of the contract, and the existence of a contract between the nonresident defendant and a resident of the forum are insufficient to establish the minimum contacts necessary to support the exercise of specific personal jurisdiction over the nonresident defendant”); Alenia Spazio, S.p.A. v. Reid, 130 S.W.3d 201, 213 (Tex. App.—Houston [14th Dist.] 2003, pet. denied) (“sending funds to Texas is not determinative” of the minimum- contacts requirement)). While Plaintiffs’ Petition alleges that the Martins allegedly “contracted” to temporarily store their possessions in Texas, Plaintiffs’ taking some possessions to storage in El Paso because Plaintiffs had trouble even getting a truck to Wisconsin was a unilateral action by the Plaintiffs—not the Martins—and it cannot be considered a contact by the Martins with Texas. Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 14 of 22 15 The Martins simply wanted to have their possessions moved from New Mexico to Wisconsin. Where the Martins’ possessions would be stored in the interim was of no significance to the Martins, unless it caused delay in delivery, which it did. In fact, the initial moving estimate provided to the Martins stated that storage would be provided “at the origin.” (i.e., presumably New Mexico). See Exh. “A.” (e-mail containing a true and correct copy of the initial July 27 Moving Estimate). It was not until sometime later, that the Plaintiffs changed the storage location to El Paso, Texas in subsequent documents. Accordingly, Plaintiffs’ temporary storage of the Martins’ possessions in Texas cannot be considered a contact by the Martins with Texas. See KC Smash 01, LLC, 384 S.W.3d at 394 (citing Tabor, Chhabra & Gibbs, P.A. v. Medical Legal Evaluations, Inc., 237 S.W.3d 762, 774 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (decision of plaintiff, a Texas medical expert witness suing a Mississippi law firm, to perform in Texas most of his preparations for underlying medical-malpractice trial held in Mississippi was unilateral decision of plaintiff). Accordingly, this Court should conclude that Plaintiffs have failed to show that the Martins transacted business in Texas or that the suit arose from any such transaction. Under Texas law, making alleged defamatory statements—outside of Texas—without more, does not provide a basis for specific jurisdiction, even if the statements were published in media accessible to Texas readers. Thus, the Court should grant the Martins’ motion to dismiss. C. The Alleged Forum-Selection Clause Was Procured by Fraud. Plaintiffs’ principal personal jurisdiction argument is that the last document Plaintiffs presented to Ms. Martin, unlike the prior documents, contained a forum-selection clause. Plaintiffs do not allege when or how they allegedly procured a signature on the document. In fact, when a driver showed up at their Silver City house, he (not a named Plaintiff) gave Ms. Martin a form that he said was “the same thing” as had been provided to her by email. Forum- Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 15 of 22 16 selection clauses will not be enforced if the opposing party “‘clearly show[s] that enforcement would be unreasonable and unjust, or that the clause was invalid for such reasons as fraud or overreaching.’” In re Automated Collection Techs., Inc., 156 S.W.3d 557, 559 (Tex. 2004) (orig. proceeding) (emphasis added). “[F]raud may invalidate a forum-selection clause, but only if the inclusion of that clause, as opposed to the signing of the entire contract, was the product of fraud.” In re Great America Leasing Corp., 294 S.W.3d 912, 916 (Tex. App.—Corpus Christi 2009, orig. proceeding). Plaintiffs’ forum-selection clause is precluded by fraud in the inducement. Plaintiffs advised Cindy Martin that the later document was a moving estimate that mirrored the July 27, 2016 initial “Moving Estimate,” with no changes. There was no forum-selection clause in the July 27 Moving Estimate. The Plaintiffs’ misrepresentations led the Martins to believe that the August 26, 2016 “Binding Moving Estimate” was identical in substance to the July 27, 2016 initial “Moving Estimate.” Defendant Dr. Martin signed nothing. Cindy Martin did not agree to any such forum selection clause. Because the alleged forum-selection clause was procured by fraud, the Court should invalidate the forum-selection clause at issue. D. The Martins Lack Systematic And Continuous Contact With Texas. Although Plaintiffs make no allegation that there is general jurisdiction over Defendants, we establish here that there is no general jurisdiction. Personal jurisdiction may also exist when a defendant’s minimum contacts give rise to general jurisdiction. BMC Software, 83 S.W.3d at 797. The general jurisdiction analysis, however, is more demanding than the specific jurisdiction standard. Id. at 797. A court may exercise general jurisdiction only when the non-resident defendant’s contacts with the forum state are continuous and systematic such that, even if the cause of action did not arise from or relate to a defendant’s activities conducted within the forum state, the court may exercise personal jurisdiction over that defendant. Id. at 796. “As an Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 16 of 22 17 analytical device to insure that any related forum activities are not improperly infiltrating the dispute-blind inquiry into general jurisdiction, courts should consider a hypothetical claim that has no connection to Texas and ask if the defendant’s purposeful contacts with Texas are so pervasive and extensive that they are sufficient to support personal jurisdiction as to such a claim.” Weldon-Francke v. Fisher, 237 S.W.3d 789, 794 (Tex. App.—Houston [14th Dist.] 2007, no pet.). There is no dispute that the Martins do not have “continuous and systematic” contacts with Texas. E. The Court’s Exercise Of Jurisdiction Would Offend Traditional Notions Of Fair Play And Substantial Justice. Any assumption of jurisdiction by the Court over the Martins would offend traditional notion of fair play and substantial justice, depriving the Martins of due process as guaranteed by the Constitution of the United States. See, e.g., Spir Star AG v. Kimich, 310 S.W.3d 868, 878 (Tex. 2010). The following factors should be considered under the fair play and substantial justice inquiry: (1) the burden on the defendant; (2) the interests of the forum state in adjudicating the dispute; (3) the plaintiff’s interest in obtaining convenient and effective relief; (4) the interstate . . . judicial system’s interest in obtaining the most efficient resolution of controversies; and (5) the shared interest of the several. . . states in furthering fundamental substantive social policies. Id. In the present suit, the burden on the Martins would be great. The Martins are individuals residing in a small, remote town in Wisconsin, Wisconsin Rapids. All of their belongings that were damaged are in Wisconsin, where Plaintiffs delivered them, so any inspection of damaged property would have to occur in Wisconsin. All copies of correspondence, records, receipts, photos, and other tangible evidence of Defendants are in Wisconsin. Information about the house they moved out of would, of course, be in Silver City, New Mexico. Dr. Martin is a Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 17 of 22 18 cardiologist now practicing in Wisconsin Rapids. He retired from the Navy in 2014 after more than 24 years in service, including deployments to the Middle East. After retirement, he took a short-term position in Silver City, and then in the fall of 2016 moved to Wisconsin Rapids, to help open the new cardiology wing at the principal hospital of Wisconsin Rapids, Aspirus Riverview, where he is also the only cardiologist. Dr. Martin would incur significant travel expenses and lost time from his medical practice if forced to travel to Texas to participate in legal proceedings. The cardiology facility at the hospital is new, and Dr. Martin’s nurse is still on maternity leave. Dr. Martin has no backup coverage, and in addition to seeing all cardiology patients at the hospital, responds to ER calls. The nearest airport with service is in Madison, just over 100 miles away. If Dr. Martin had to go to participate in legal proceedings in El Paso, there would be, at the very least, very significant disruptions in the cardiology care of patients who are just now receiving better care now that they have a cardiologist at the hospital. Cindy Martin suffers from all of the same travel expenses and concerns as her husband and has many community obligations in Wisconsin. These factors weigh very heavily in favor of a finding that this Court’s exercise of jurisdiction will not comport with notions of fair play and substantial justice. See, e.g., J & J Marine, Inc. v. Le, 982 S.W.2d 918, 928 (Tex. App.—Corpus Christi 1998, no pet.). Additionally, there are no guarantees that a Wisconsin court will enforce a judgment against the Martins; rather, courts in that state may rule that this Court had improperly asserted personal jurisdiction over one of its residents. See J & J Marine, 982 S.W.2d at 928. Therefore, the Court should grant this Motion to Dismiss for Lack of Personal Jurisdiction because its exercise of jurisdiction over the Martins will offend traditional notions of fair play and substantial justice. There is no reason that the Plaintiffs cannot file suit in Wisconsin. Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 18 of 22 19 III. CONCLUSION AND PRAYER Plaintiffs failed to establish that this Court has general or specific jurisdiction over the Martins. Accordingly, this Court should dismiss this case. The Plaintiffs are not foreclosed by limitations from refiling, if they choose, or filing suit in Wisconsin. WHEREFORE, PREMISES CONSIDERED, the Martins respectfully request that this Court grant their motion and dismiss all claims brought by Plaintiffs for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2), and that the Court grant Defendants such other and further relief to which they may be justly entitled. Respectfully submitted, DYKEMA COX SMITH 221 North Kansas Street, Suite 2000 El Paso, Texas 79901 (915) 541-9300 (915) 541-9399 facsimile By: /s/ Mark C. Walker_ Mark C. Walker Texas State Bar No. 20717320 mwalker@dykema.com Mario Franke Texas State Bar No. 24074225 mfranke@dykema.com ATTORNEYS FOR DEFENDANTS Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 19 of 22 20 CERTIFICATE OF SERVICE I certify that the foregoing document was served on this the 19th day of April, 2017, via the Court’s CM/ECF electronic filing system to: Mr. Steven James Steven C. James Attorney PLLC 521 Texas Avenue El Paso, Texas 79901 (915) 543-3234 (915)543-3237 sjamatty@aol.com ATTORNEY FOR PLAINTIFFS Mark C. Walker Mark C. Walker 4815-2970-4775.1 114502\000001 Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 20 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION BELINDA ACUNA d/b/a SACRED HEART MOVING AND STORAGE and PHILLIP HOLGUIN Plaintiffs, vs. CAUSE NO: CINDY MARTIN and DR. ROBERT MARTIN, Defendants. AFFIDAVIT BY DR. ROBERT MARTIN IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION STATE OF WISCONSIN COUNTY OF WOOD Before me, the undersigned notary, on this day personally appeared Robert Martin, the affiant, whose identity is known to me. After I administered an oath, affiant testified as follows: "My name is Robert Martin. I am over 18 years of age, of sound mind, and capable of making this affidavit. I have read the attached Motion to Dismiss for Lack of Personal Jurisdiction, and the facts and history contained in it are within my personal knowledge and are true and correct." 3,az4 Robert Martin, M.D. ( Sworn to and subscribed before me by Robert Martin on F ry , 2017. Notary Public in and for The State of Wisconsin r 3 CAD \iv\ 5s\ On e vle 5 (4,- PD-- Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 21 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION BELINDA ACUNA d/b/a SACRED HEART MOVING AND STORAGE and PHILLIP HOLGUIN Plaintiffs, vs. CAUSE NO: CINDY MARTIN and DR. ROBERT MARTIN, Defendants. AFFIDAVIT BY CINDY MARTIN IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION STATE OF WISCONSIN COUNTY OF WOOD Before me, the undersigned notary, on this day personally appeared Cindy Martin, the affiant, whose identity is known to me. After I administered an oath, affiant testified as follows: "My name is Cindy Martin. I am over 18 years of age, of sound mind, and capable of making this affidavit. I have read the attached Motion to Dismiss for Lack of Personal Jurisdiction, and the facts and history contained in it are within my personal knowledge and are true and correct." Cindy Martin Sworn to and subscribed before me by Cindy Martin on April / 6 , 2017. OL'I'00\kkk Notary Public in and for --Q-DirLjj• The State of Wisconsin ct,r. \icl11 4 A r 2 C Pr\'\ 551,0,(\ (4) -_, to - 10- I S Case 3:17-cv-00117-DB Document 4 Filed 04/19/17 Page 22 of 22 Relocation Details Job No: ,i60(r),M6 Estimate Date: 07/27/2016 Representative: David Long Distance, 1503 miles 1650 cf. (11550 lbs) $4.75 per cf Move Day: rrik4ly Requested Move Date: 013I?M/20.10 Created on: 07/27/2016 Relocation Estimate Total Tariff $14825.00 'Cal lit Discount: 41,13% .-$6987.50 Basic Estimate Price $7837.50 Fuel Surcharge: 10.00 % $783.75 1)1:winiiit; 10.0o $8(12,13 Packing Materials $020.00 Materials Sales Tax: 8.250% $75.90 Basic Valuation Protection: $0.60 per lbs. per article $0.00 Total Moving Estimate $8755,02 Move Typo: RosIclontlal Estimated Volume: Estimate Reference No: 36'0021;46 Customer David Rep: Phone: 1-877.684-9516 Ext. 1001 Fax: 915-206-5060 Email: dinaldol@sagreclheartmovingandstorage.corn Web: ft* .-itiliiwy,wAsigLeAgadnaing,La:oi Movin Sacred Heart Moving & Storage 6400 Airport Rd Bldg. I) Suite GG El Paso, TX 79925 US DOT: 2478301 MC: 925073 Registration #: TxDMV 006780422C Moving From Cindy Martin Las Cruces, NM 88061 Phone: 360-536-7516 Moving To Cindy Martin Wisconsin Rapids, WI 54494 docniat-Lin9110)cornca51. net, ((. '1)// %,1 ( Deductible Levels: $0 $250 $0.00 $8755,02 x Valuation Charge: Total Estimate Plus Valuation Charge: Customer's Initials: $0.00 $8755.02 2/2.0017 Prinle(lEslimato Full VaDno protection Amount of Liability: 4;69,300.00 (Optimal) $500 $0.00 $760 $1000 $1500 $0.00 $0.00 $0.00 $8755.02 $8755.02 $0755.02 $8755.02 WARNING: If a moving company loses or damages your goods, there are 2 different standards for the company's liability based on the types of rates you pay. BY FEDERAL LAW, THIS FORM MUST CONTAIN A FILLED-IN ESTIMATE OF THE COST OF A MOVE FOR WHICH THE MOVING COMPANY IS LIABLE FOR THE FULL (REPLACEMENT) VALUE OF YOUR GOODS in the event of loss of, or damage to, the goods. This form may also contain an estimate of the cost of a move in which the moving company is liable for FAR LESS than the replacement value of your goods, typically at a lower cost to you. You will select the liability level later, on the bill of lading (contract) for your move. Before selecting a liability level, please read "Ygur Rights and Responsibilities hen You Move", and Beady to Move Brochure provided by the moving company, and seek further Information at the government website www,proteclyounnove.gov Understanding Your Estimate EXHIBIT 11110/anthellocnoving.comfwc.dli?mpast-emailsiogeid-L9KBE18062-84513319 113 A Case 3:17-cv-00117-DB Document 4-1 Filed 04/19/17 Page 1 of 3 2/200017 Panted Estimate Every Sacred Heart Moving and Storage move includes all of the following benefits: o A Binding Price Contract for all items that are inventoried with our relocation agent. o Up to One Month of FREE storage at the origin at no additional charge in our Facility. dditional storage is available for terms beyond one month. o Free Blanket and Shrink Wrapping of your furniture. o All Loading and Unloading. o Door to Door Service with one of our Experienced Moving Teams, o All Taxes, Tolls & Surcharges o Valuation Liability Coverage of $0.60 per pound per item. This is not Full Value Replacement Valuation Liability - If you desire Full Value insurance coverage, contact Movinglnsurance.com at 088-893-8835, or your own insurance company at least 72 hours before your move. o One extra pickup at a location within 10 miles of the primary address. his quote is based on the estimated number of items provided by the customer and is charged by the volume (cubic foot). For larger moves we offer and recommend an in home estimate. I understand that if you do not request a home estimate, this Moving Estimate is in lieu of a home stimate. The final price of your move will be based on the actual inventory loaded and moved.** dditional Items or services may affect the estimated total. ** Packing materials are not included In the price Unless otherwise noted. A 10% fuel charge will be included in the final total. Physical urvey Waiver Agreement: Sacred Heart Moving and Storage would like to point out that by signing this estimate you expressly agree to waive your right to a physical survey, even if the carrier or any of their agents Including Sacred Heart Moving are within a 50 mile radius of the origin loading address. **TFIE "PHYSICAL SURVEY WAIVER" DOES NOT APPLY IF YOU HAVE RECEIVED A PHYSICAL SURVEY. DELIVERY INFO: Sacred Heart Moving will make every attempt to deliver your items on your desired dates, but, with the exception of Express delivery, we cannot guarantee a specific delivery date ahead of time, due to the nature of the transportation industry. Generally we will deliver your Listed Items between 2-14 business days from the dale you noted that you can receive them, and in extreme circumstances (i.e. weather etc.), up to 21 business days (may be up to 45 days for Flex Delivery customers). Deliveries are made using 53 foot trailers or 26 foot trucks. )01) Coric(!lIntion: A job may be cancelled up to j business days before the Pick-Up, Any job cancellation made after that time must be done in writing, with return receipt requested or via Email with proper date and time stamp, Please be advised deposits are refundable ONLY if you call our office at least 7 days prior to the moving date or if you contact us in writing after the 7 day time frame, Cancelling early allows us as a business enough time to possibly place another customer In that spot as we reserve your space In advance as is our guarantee. Articles List 42 Items, 126 Pieces Qty items Qty Items Qty Items 2 BED, BRIDGE HEADBOARD 2 CHEST, CEDAR 1 GLASS DVOS 2 BED, FOOTBOARD CHEST, MEDIUM 1 HUTCH 1 BED, KING (WITI I MATTRESS) 1 CHILD WAGON 4 PATIO CHAIR 1 BED, QUEEN (WITH MATTRESS) 1 CLOCK, WALL 1 PATIO LOVE SEAT 1 BED, TWIN (WIT! I MATTRESS) 1 COMPUTER DESK 1 PATIO SIDE TABLE 1 BENCH, LARGE 1 DINING TABLE 2 PICTURES, MEDIUM 5 BOOKCASE GX3 1 DOLL HOUSE 1 SAFE, SMALL 10 BOX, EX-LG.- 24X18X24 (6,0 CU. FT) PBO 1 DRESSER, DOUBLE 1 SCROLL SAW BOX, LARGE - 18X10X24 (4.5 CU. FT) 1 DRESSER, MIRROR 1 SOFA, 2 LOVESEAT 20 PBO 1 DRESSER, SINGLE 1 SOFA, 3 SEAT/BED 20 BOX, MED. 18X18X10 (3.0 CU. FT) PBO 1 DRESSER, TRIPLE 1 SPINNING WHEEL BOX, SMALL 12X12X18 (1.5 CU. FT) 1 DRILL PRESS 1 TABLE LAMP, LARGE 20 P130 2 ENTERTAINMENT CENTER, LG 2 TABLE, END 4 CHAIR, DINING 1 FILE CABINET, 4 DRAWER 3 WOOD BENCH httplianthellornoving.corn/N.ve,d117mpost-emalislogeld-L9K8E-18062-84513319 2/3 Case 3:17-cv-00117-DB Document 4-1 Filed 04/19/17 Page 2 of 3 [ 1 CHAIR, HIGH 1 CHAIR, HIGH BACK Packing Material List Qty Material Unit Price $ Qty Material Unit Price $ Qty Material Unit Price $ 10 Box Extra Largo 10.00 20 Box Medium 0.00 20 Bubble Wrap (per Ft.) 1.00 20 Box Largo 14.60 20 Box Small 7.00 10 Tape 4.00 2 White Paper per 26 Lbs. 45.00 Customer Name Customer Signature Date 2/2d/7017 . Panted Estimate If you no longer wish to receive emails from Sacred Heart Moving & Storage, please dick on unsubscribe hltp://anlhellomoving.c,om/wc.dr?mpest-einallslogeld-L9K8E1806'2-84513319 3/3 Case 3:17-cv-00117-DB Document 4-1 Filed 04/19/17 Page 3 of 3 Relocation Details Job No: ‘1.1.;002!;46 Estimate Date: 08/06/2016 Representative: David Move Type: RosIdentIal miles Long Distance, 1503 Estimated Volume: 1650 cf. (11550 lbs) $4.75 per cf Move Day: 1:1'10;lv Requested Move Date; 00/;),0/:),(11 Created on: 07/27/2016 Relocation Estimnto Total Tariff $14025.00 Taiiif Discount: 47.'13% ”5.;69117.50 Basic Estimate Price $7837.50 Fuel Surcharge: 10.00 % $783.75 Coupon Discount: 10.00 $862.13 Packing Materials $920.00 Materials Sales Tax: 8,250% $75.90 Basic Valuation Protection: $0.60 per lbs. per article $0.00 Total Moving Estimate $8755.02 2/M2017 Printed Estimate Vilovirom ,--:(Aru-gato Reference No: Mitltr,.646 Sacred Heart Moving & Storage 6400 Airport Rd Bldg. D Suite GO El Paso, TX 79925 US DOT: 2478301 MC: 925073 Registration It: TxDMV 006788422C Customer David Rep: Phone: 1-877-684-9516 Ext. 1001 Fax: 915-206-5060 Email: fimaldol cDsacredhearttnovingandstorage.coat Web: http://www.sacredheartmoving,com Moving From Cindy Martin Las Cruces, NM 88061 Phone: 360-536-7516 Moving To Cindy Martin Wisconsin Rapids, WI 54494 aosmajtjnal Full Valun Protection Amount of Liability: $69,300.00 (01)thmal) $250 $500 $750 $1000 $1500 $0 $0.00 $0.00 $0.00 $0.00 $0.00 01.1 Deductible Levels: Valuation Charge: $0.00 Total Estimate Plus $8755.02 $8755.02 $8755.02 $8755.02 $8755.02 $8755.02 Valuation Charge: Customer's Initials: WARNING: If a moving company loses or damages your goods, there are 2 different standards for the company's liability based on the types of rates you pay. BY FEDERAL LAW, THIS FORM MUST CONTAIN A FILLED-IN ESTIMATE OF THE COST OF A MOVE FOR WHICH THE MOVING COMPANY IS LIABLE FOR THE FULL (REPLACEMENT) VALUE OF YOUR GOODS in the event of loss of, or damage to, the goods. This form may also contain an estimate of the cost of a move in which the moving company is liable for FAR LESS than the replacement value of your goods, typically at a lower cost to you, You will select the liability level later, on the bill of lading (contract) for your move. Before selecting a liability level, please read :fur Riahts and Rosponsibilities 0 , and Ready tee_ Move Brochure provided by the moving company, and seek further information at the government website wvvw.proteetyourmove,gov Understanding Your Estimate 1/3 iltrpfianthellotnoving,com/vic.dil?InpeGt-emailstogeiti-L9KOE18062-e5113217 6. 4 I', '111 1. ) • 1 Case 3:17-cv-00117-DB Document 4-2 Filed 04/19/17 Page 1 of 3 2/20/2017 Printed Estimate Every Sacred Heart Moving and Storage move includes all of the following benefits: e A Binding Price Contract for all items that are inventoried with our relocation agent. o Up to One Month of FREE storage at the origin at no additional charge In our Facility. dditional storage Is available for terms beyond one month. o Free Blanket and Shrink Wrapping of your furniture. o All Loading and Unloading. o Door to Door Service with one of our Experienced Moving Teams. O All Taxes, Tolls & Surcharges o Valuation Liability Coverage of $0.60 per pound per item. This is not Full Value Replacement Valuation Liability - If you desire Full Value insurance coverage, contact MovingInsurance.com at 888-893-8835, or your own insurance company at least 72 hours before your move. o One extra pickup at a location within 1.0 miles of the primary address, his quote is based on the estimated number of items provided by the customer and is charged by the volume (cubic foot). For larger moves we offer and recommend an in home estimate. I understand that if you do not request a home estimate, this Moving Estimate is in lieu of a home estimate. The final price of your move will be based on the actual inventory loaded and moved.** Additional items or services may affect the estimated total, ** Packing materials are not included in the price Unless otherwise noted. A 10% fuel charge will be included in the final total. Physical Survey Waiver Agreement: Sacred Heart Moving and Storage would like to point out that by signing this estimate you expressly agree to waive your right to a physical survey, even if the carrier or any of their agents including Sacred Heart Moving are within a 50 mile radius of the origin loading [address. **THE "PHYSICAL SURVEY WAIVER" DOES NOT APPLY IF YOU HAVE RECEIVED A PHYSICAL SURVEY. DELIVERY INFO: Sacred Heart Moving will make every attempt to deliver your items on your desired dates, but, with the exception of Express delivery, we cannot guarantee a specific delivery date ahead of time, due to the nature of the transportation industry. Generally we will deliver your Listed Items between 2-14 business days from the date you noted that you can receive them, and in extreme circumstances (i.e. weather etc.), up to 21 business days (may be up to 45 days for Flex Delivery customers). Deliveries are made using 53 foot trailers or 26 foot trucks. )0I) Concelliition: A job may be cancelled up to 7 business days before the Pick-Up, Any job cancellation made after hat time must be done In writing, with return receipt requested or via Email with proper date and time stamp. Please be advised deposits are refundable ONLY if you call our office at least 7 days prior to the moving date or if you contact us n writing after the,7 day time frame. Cancelling early allows us as a business enough time to possibly place another sustainer in that spot as we reserve your space In advance as is our guarantee. Articles List 42 Items, 126 Pieces Qty items Qty 'toms Qty Items 2 BED, BRIDGE HEADBOARD 2 CI IEST, CEDAR 1 GLASS DVDS 2 BED, FOOTBOARD 1 CHEST, MEDIUM 1 HUTCH 1 BED, KING (WITH MATTRESS) 1 CHILD WAGON 4 PATIO CHAIR 1 BED, QUEEN (WITH MATTRESS) 1 CLOCK, WALL 1 PATIO LOVE SEAT 1 BED, TWIN (IMP-1 MATTRESS) 1 COMPUTER DESK 1 PATIO SIDE TABLE 1 BENCH, LARGE 1 DINING TABLE 2 PICTURES, MEDIUM 6 BOOKCASE 6X3 1 DOLL HOUSE 1 SAFE, SMALL BOX, EX-LG.- 24X10X24 (0.0 CU. FT) 1 DRESSER, DOUBLE 1 SCROLL SAW 10 PBO BOX, LARGE - 18X18X24 (4.5 CU. FT) 1 DRESSER, MIRROR 1 SOFA, 2 LOVESEAT 20 PBO 1 DRESSER, SINGLE 1 SOFA, 3 SEAT/BED 20 BOX, MED. 18X18X10 (3.0 CU. FT) PBO 1 DRESSER, TRIPLE 1 SPINNING WHEEL BOX, SMALL i 2X12X18 (1.5 CU. FT) 1 DRILL PRESS 1 TABLE LAMP, LARGE 20 PI30 2 ENTERTAINMENT CENTER, LG 2 TABLE, END 4 CHAIR, DINING 1 FILE CABINET, 4 DRAWER 3 WOOD BENCH http://ant.hellomoving,comAvc.a117mpest-einallslogeld-L9K8E18062-a5113217 2/3 Case 3:17-cv-00117-DB Document 4-2 Filed 04/19/17 Page 2 of 3 1 CHAIR, HIGH 1 CHAIR, HIGH BACK Packing Material List Qty Material Unit Price $ Qty Material Unit Price $ Qty Material -unit Price $ 10 Box Extra Large 16.00 20 Box Medium 0.00 20 Bubble Wrap (per FL) 1.00 20 Box Large 14.50 20 Box Small 7.00 10 Tape 4.00 2 1Atito Paper per 25 Lbs. 45.00 Customer Name Customer Signature Date 2/20'2617 e, Printed Estimate If you no longer wish to receive emails from Sacred Heart Moving & Storage, please click on unsubscribq http://anthellomoving.comAvc.d1Upest-emallsiogeid-L9K6E16062-85113217 3/3 Case 3:17-cv-00117-DB Document 4-2 Filed 04/19/17 Page 3 of 3 I ".'', ( ' 1 , ,11 t: jiI . , Ii 1 i I i )) il, [ ''. ' , Relocation Estimate Total Tariff Tariff Discount: 50.23% Basic Estimate Price Fuel Surcharge: 10.00 % Coupon Discount: 10.011 0/0 Packing Materials Materials Sales Tax: 8.250% Basic Valuation Protection: $0.60 per lbs. per article Total Moving Estimate Cawtoiner Payment: $15748.00 -SY910.50 $7837.50 $783.75 862,•13 $920.00 $75.90 $0.00 $8755.02 ;‘)00.00 Relocation Details Job No: Estimate Date: Representative: Move Type: Rosidontlal Estimated Volume: Move Day: Move Date: Move Time: Created on: J50021i4(i 00/08/2016 David Long Distance, 1742 miles 1650 cf. (11550 lbs) $4.75 per cf Thursday Of3/26/12016 09-11AM 07/27/2016 Moving From Cindy Martin 306 West 10th St. Silver City, NM 88061 Phone: 360-536-7516 Moving To Cindy Martin Tbd Wisconsin Rapids, WI 54494 lcinstyloumartinta)gimill,com Moving Estiirnate Sacred Heart Moving & Storage 6400 Airport Rd Bldg. D Suite CG El Paso, TX 79925 US DOT: 2478301 MC: 925073 Registration TxDMV 006788422C Customer Rep: Phone: Fax: Email: Web: Job No: AiriOn116 David 1-877-604-9516 Ext. 1001 915.206-5060 dmaldol@sacredheartmoviitgandstorage.corq http://www.sacredheartmoving.com )./20. ?I:17. Printed Estimate lileetronie_SigRoWN I hereby confirm my signature on the following document: Name: Cindy Martin Email: leindylonmartin@gmail.com Signed Date: Monday, 08/08/2016 - 21:02:06 EST. IP Address: 68.114.72.50 Internet Browser: Safari Full Value Protection Amount of Liability: $69,300.00 (Optioiial) Deductible Levels: Valuation Charge: Total Estimate Plus Valuation Charge: Customer's Initials: $0 $250 $500 $750 $0.00 $0.00 $0.00 $0.00 $0755.02 $8755.02 $8755.02 $8755.02 x $1000 $1500 $0.00 $0.00 $8755.02 $8755.02 httplianthellomoviixj.com/wc.dl?inpest-mailslajeld-L9K8E18062-852109.15 1/3 Case 3:17-cv-00117-DB Document 4-3 Filed 04/19/17 Page 1 of 3 Y)17 Printed Estimate WARNING: If a moving company loses or damages your goods, there are 2 different standards for the company's liability based on the types of rates you pay. BY FEDERAL LAW, THIS FORM MUST CONTAIN A FILLED-IN ESTIMATE OF THE COST OF A MOVE FOR WHICH THE MOVING COMPANY IS LIABLE FOR THE FULL (REPLACEMENT) VALUE OF YOUR GOODS in the event of loss of, or damage to, the goods. This form may also contain an estimate of the cost of a move in which the moving company is liable for FAR LESS than the replacement value of your goods, typically at a lower cost to you. You will select the liability level later, on the bill of lading (contract) for your move. Before selecting a liability level, please read 'lour riospnsibilities When You Move", and Beady to Move Brochure provided by the moving company, and seek further information at the government website www,proteclyourmove.gov Understanding VOW' ESthiliR0 Every Sacred Heart Moving and Storage move includes all of the following benefits: o A Binding Price Contract for all items that are Inventoried with our relocation agent. o Up to One Month of FREE storage at the origin at no additional charge in our Facility. Additional storage is available for terms beyond one month. o Free Blanket and Shrink Wrapping of your furniture. o All Loading and Unloading. o Door to Door Service with one of our Experienced Moving Teams. o All Taxes, Tolls & Surcharges o Valuation Liability Coverage of $0.60 per pound per item. This is not Full Value Replacement Valuation Liability - If you desire Full Value insurance coverage, contact MovingInsurance.com at BBB-893-8835, or your own insurance company at least 72 hours before your move. • One extra pickup at a location within 10 miles of the primary address. his quote is based on the estimated number of items provided by the customer and is charged by the volume (cubic foot). For larger moves we offer and recommend an in home estimate, I understand that if you do not request a home estimate, this Moving Estimate is in lieu of a home estimate. The final price of your move will be based on the actual Inventory loaded and moved.** dditional items or services may affect the estimated total. ** Packing materials are not included in the price Unless otherwise noted. A 10% fuel charge will be included in the final total. Physical Survey Waiver Agreement: Sacred Heart Moving and Storage would like to point out that by signing this estimate you expressly agree to waive your right to a physical survey, even if the carrier or any of their agents Including Sacred Heart Moving are within a 50 mile radius of the origin loading address. **THE "PHYSICAL SURVEY WAIVER" DOES NOT APPLY IF YOU HAVE RECEIVED A PHYSICAL SURVEY. DELIVERY INFO: Sacred Heart Moving will make every attempt to deliver your items on your desired dates, but, with the exception of Express delivery, we cannot guarantee a specific delivery date ahead of time, clue to the nature of the transportation industry. Generally we will deliver your Listed Items between 2-14 business days from the date you noted that you can receive them, and in extreme circumstances (i.e. weather etc.), up to 21 business days (may be up to 45 days for Flex Delivery customers). Deliveries are made using 53 foot trailers or 26 foot trucks. Coliceilation: A job may be cancelled up to 7 business clays before the Pick-Up. Any job cancellation made after that lime must be clone in writing, with return receipt requested or via Email with proper date and time stomp. Please be advised deposits are refundable ON If you call our office at least 7 days prior to the moving date or if you contact us n writing after the 7 day time frame, Cancelling early allows us as a business enough time to possibly place another customer In that spot as we reserve your space in advance as Is our guarantee. Articles List 42 Items/ 126 Pieces Qty Items Qty Items Qty Items 2 BED, BRIDGE HEADBOARD 2 CHEST, CEDAR 1 GLASS DVDS 2 BED, FOOTBOARD 1 CHEST, MEDIUM 1 HUTCH 1 BED, KING (WITH MATTRESS) 1 CHILD WAGON 4 PATIO CHAIR 1 BED, QUEEN (WITH MATTRESS) 1 CLOCK, WALL 1 PATIO LOVE SEAT 1 BED, TWIN (WITH MATTRESS) 1 COMPUTER DESK 1 PATIO SIDE TABLE httpl/ant.hellrxnovIng.comIwo.(117mpest-emallslogelcl-L9K8E18062-85210945 2/3 Case 3:17-cv-00117-DB Document 4-3 Filed 04/19/17 Page 2 of 3 Packing Material List Qty Material Unit Price $ Qty Material Unit Price $ Qty Material Unit Price $ 10 Box Extra Large 10.00 20 Box Medium 9.00 20 Bubble Wrap (per Ft.) 1.00 20 Box Largo 14.60 20 Box Small 7.00 10 Tape 4.00 2 White Paper per 25 Lbs. 45.00 vP017 1 BENCH, LARGE 5 10 BOOKCASE 6X3 BOX, EX-LG.- 24X10X24 (6.0 CU. FT) PE30 BOX, LARGE - 18X113X24 (4.5 CU. FT) P130 BOX, MED. 113X10X10 (3.0 CU. FT) PBO BOX, SMALL 12X12X18 (1.5 CU. Fr) PBO 20 20 20 4 CHAIR, DINING 1 CHAIR, HIGH 1 CHAIR, HIGH BACK Click on Online Electronic Signature to confirm your move online. Printed Estimate DINING TABLE DOLL HOUSE DRESSER, DOUBLE DRESSER, MIRROR DRESSER, SINGLE DRESSER, TRIPLE DRILL PRESS ENTERTAINMENT CENTER, LG FILE CABINET, 4 DRAWER 2 PICTURES, MEDIUM 1 SAFE, SMALL 1 SCROLL SAW 1 SOFA, 2 LOVESEAT 1 SOFA, 3 SEAT/BED 1 SPINNING WHEEL TABLE LAMP, LARGE 2 TABLE, END 3 WOOD BENCH 1 1 1 1 1 1 2 1 If you no longer wish to receive mails from Sacred Heart Moving & Storage, please dick on unsut)scribe .1,i0,011'011le I hereby confirm any signature on the following document: Name: Cindy Martin Email: leindylonmartin@gmail.com Signed Date: Monday, 08/08/2016 - 21:02:06 EST, IP Address: 68.114.72.50 Internet Browser: Safari 3/3 hilp://ant.hellomoving.comAvc.dl?nipest-enlallslogeld-L9KOE18062-85210945 Case 3:17-cv-00117-DB Document 4-3 Filed 04/19/17 Page 3 of 3 Customer Rep: Phone: 1-877-684-9616 Ext, 1001 Fax: 916-20G-6060 Email: glmakielftagedheartmovingandstmge,colli Web: littp://www.sacredheartmoving.com David t'rinl ail E!tialclo 0/26/16, 0:07 AM Binding Moving Estimate Sacred Heart Moving & Storage 6400 Airport Rd 13Idg, D Suite GO El Paso, TX 79926 US DOT: 2478301 MC: 926073 Registration TxDMV 006788422C Job No: 3!,(som146 Moving To 140\KAReL 164' Cindy Martin 720 3rd St S Wisconsin Rapids, WI 54494 Phone: 360-536-7516 lcindylournartInqfiginall,conl Relocation Details Job No: $16746.00 Relocation Estimate Total Tariff Estimate Date: 00/26/2.016 yam mcennt: 60.23% -$70.10.(i0 Representative: David Basic Estimate Price $7837.50 Fuel Surcharge: 10,00 % $783.76 Move TYpe: Residential Long Distance, 1742 miles Coupon Diucount: 10.00 oh $862.13 Estimated Volume: 1660 cf. (11660 lbs) $4,76 per cf Packing Materials Materials Sales Tax: 8,260% $920,00 $76,90 Move Day: 12ricluy Basic Valuation Protection: $0.60 per lbs. per article $0,00 Move Date: 0812.612.010 Total Moving Estimate $8766.02 Move Time: 09-11AM Customer Payment: $200.00 Created on: 07/27/2016 Full Value Protection Amount of Liability: $69,300.00 (Optioniii) Deductible Levels: $0 $250 $500 $760 $1000 $1600 Valuation Charge: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Estimate Plus Valuation Charge: $8755.02 $8766.02 $8756.02 $6765.02 $8766.02 $8755,02 Customer's Initials: x x , x x x . _ x WARNING: If a moving company loses or damages your goods, there are 2 different standards for the company's Moving From Cindy Martin 306 West 10th St. Sliver City, NM 88061 Phone: 360-536-7516 ti 1://aM,hollomovIng,corrilvic,(1117mpost-prnoslvic-MtIV3S64052 Bl um be rg N o. 52 .0 3 EXHIBIT Pogo 1 of 5 Case 3:17-cv-00117-DB Document 4-4 Filed 04/19/17 Page 1 of 5 Understanding Your Estimate ORDER CONFIRMATION thank you for choosing Sacred Heart Moving & Storage, This Order Confirmation is meant to confirm your move, based on the information you gave us, The Order Confirmation also includes important information regarding your move. As such, please make sure that you read it and confirm the information contained herein is correct by using the plectronic Signature link at the bottom of the page. When you have finished packing, please update me with any changes you want to make to the LifiLnatffins below, Our dispatch office will call you the day before your move to confirm the pickup time and location. If you have any questions, please don't hesitate to call or email me. Again, thank you for allowing Sacred Heart: Moving and Storage to be of Service. We look forward to seeing you soon. Notes: This quote is based on the estimated number of items provided by the customer and is charged by the volume (cubic foot). For larger moves we offer and recommend an In- Home Estimate. I understand that if I do not request an In-Home Estimate, this Moving Estimate will be In lieu of an In-Home Estimate. The final price of your move will be based on the actual inventory loaded and moved. !ivory move wii:b Movirifi incintio!.; followino o A Binding Price Contract. O Up to One Month of FREE storage in one of our climate controlled storage facilities at the origin at no additional charge. Additional storage is available for terms beyond one month. • Free Blanket & Shrink Wrapping of your furniture. • BBasic Disassembly & Reassembly of standard furniture items. 0AII Loading and Unloading * All Taxes, Toils & Surcharges ® Door to Door Service with one of our Experienced Moving Teams. • Basic Valuation Liability, which is not insurance, is a limit on the carrier's liability for loss of or damage to your goods while in its custody or control. The Valuation Liability Coverage is for $0.60 per pound per article This is NOT Full Value Replacement Valuation. If you desire insurance coverage, contact Bakers Insurance at 800 356 0093, at least 72 hours before your move. • One extra pickup at a location within 10 miles of the primary address. ClIT.(CAl. INFORMATION RrGARDING YOUR 110V1:: This quote is based on the List of Items provided by the customer and is charged by the total volume (total cubic footage) Additional items or services may affect the estimated total. If there Is any change In the number of items moved, you must notify your Moving Associate Immediately** Packing materials are not included in the price unless otherwise noted. A 10% fuel charge is included in the final total. I understand this Moving Estimate is In lieu of a PrintodIrnalo 0/26/16, 0:07 AM liability 'based on the typos of rates you pay. BY FEDERAL LAW, THIS FORM MUST CONTAIN A FILLED-IN ESTIMATE OF THE COST OF A MOVE FOR WHICH THE MOVING COMPANY IS LIABLE FOR THE FULL (REPLACEMENT) VALUE OF YOUR GOODS In the event of loss of, or damage to, the goods. This form may also contain an estimate of the cost of a move In which the moving company is liable for FAR LESS than the replacement value of your goods, typically at a lower cost to you. You will select the liability level later, on the bill of lading (contract) for your move. Before selecting a liability level, please read 4:Your Rights and Responsibilities When You Move", and Rudy to Move Brochure provided by the moving company, and seek further Information at the government website www,protectyourmove.gov http://ant.hollomovIng,com/wo.d11?mpost-prnostwc-MNV3S64952 Pogo 2 of 5 Case 3:17-cv-00117-DB Document 4-4 Filed 04/19/17 Page 2 of 5 Prinkid F\stimalo 13/20/16, 0:07 AM home k3stimate."Please be advised that your deposit Is refundable ONLY if you contact our office at least 4 business days prior to your moving date. ONIY yn!w.; listed in the Inventory are Included In the total cost, Any additional Items or any additional services added may result in additional fees. 'Job ncollatioi 1: A job can be canceled up to 7 business clays before the Pick-Up. Any job cancellation must be done n writing, with return receipt requested or via E.mall. `;torofw: The client will receive 1 free month of storage in the state of Texas (In El Paso) only, Storage In the state of Texas from the second month will be billed at $0.20 per cubic ft. Storage fees will be billed and due on a month to month basis. PAYM11‘11 'FIRMS; A minimum of 60% is due at time of pickup, payable by Credit Card, Cash, Check or Money Order. The remaining balance is due at: time of delivery, payable by Certified Bank Check, Postal Money Order or cash only. Credit Card can be accepted on delivery with a 3% convenience fee. 1)111VI:RY INFO: Sacred Heart Moving will make every attempt to deliver your items on your desired dates, but we cannot guarantee a specific delivery date ahead of time, due to the nature of the transportation industry. Generally we will deliver your Listed Items between 2-14 business days from the date you noted that you can receive them, and in extreme circumstances (i.e. weather etc.), up to 21 business days. Deliveries are made using 26 foot trucks or 53 foot trailers. Once a move has been picked up, any cancellation by the shipper will billed at 67% of the full charge of the move. PACKtNG OMOIC: Sacred Heart Moving and Storage offers different packing options for your convenience. We can professionally pack your belongings for you, and give you the peace of mind you deserve, or we can help you do your own packing by getting you started with one of our many moving box kits. Whether you are moving 1 room, 2 rooms or a whole house, Sacred Heart Moving can help you with all your packing needs. Please contact your Relocation Specialist for further information. A(Ilai1:.MI11.1. shall be governed by the internal laws of the state of Texas without regard to principles of conflicts of law. Any dispute arising out of or relating to this agreement shall be brought in the courts of record of the state of texas In El Paso County or the US District of Texas In Fl Paso County. If any party does not have a registered agent to accept service of process In Texas or is not otherwise subject to service after reasonable attempts, then such party agrees to accept service of process by U.S, mall. Motor Carrier Neutral Arbitration Program: The motor carrier's neutral arbitration program has been designed to give neither party any special advantage. If a dispute arises between the carrier and the shipper, arbitration may be a mutually beneficial alternative to help resolve the dispute, As per section '19 U,S.C, section 375.211 Sacred Heart Moving and Storage has a program in place to provide shippers with an arbitration alternative, A1)1)1 liONAL IARGB (at destination): *** Flight of stairs: first flight free of charge, each additional flight - $50. *** Long Carry: first 100 feet free of charge, each additional 100 feet - $75. Shuttle: first 500CF = $300, each additional CF $0.50. ;A(:ittil) I WAR] MoVIIC & !;1•01:A6r: reserves the right to refuse loading of any Items, if we determine that the aforementioned items cannot be transported safely. Sacred Heart Moving offers packing services if desired. Please speak to your relocation specialist for more information. Sacred Heart Moving and Storage reserves the right to refuse service. Please keep a copy of the inventory and bill of lading for claims purposes. !A:CU/11.11.1M I IANDIUNG: A fee will be applied for any bulky or special items that are not able to have other Items stack above them or below them. The charge will be based on the size/volume/type of items, requiring the space. The following are some of examples of bulky/special items, pianos, pool tables, ATV's, lawn mowers. Please consult with your relocation specialist if you have any questions. hitp://ant,liollornovIng.com/wc.c111?mpest-prilestwo-MNV3564052 Pogo 3 of 6 Case 3:17-cv-00117-DB Document 4-4 Filed 04/19/17 Page 3 of 5 Packing iviateria List CIty Material Unit Price $ Qty Material Unit Price $ Qty Material Unit Price $ 10 Box Extra Largo 10.00 20 Box Medium 9.00 20 Bubble Wrap (per Ft.) 1.00 20 Box Large 1450 20 Box Small 7.00 10 Tape 4.00 2 White Paper per 25 Lbs. 45.00 Your WOO:. mi,(1 ki?;.ponsibilille!;: Please make sure that you dick on the following links for more Information, ghts & ReaponsIbilities ileasiy to Move °Riot' your rnove plear,o use the. Floc:tronie kink Oil 1)01:1:01'11 of this; page, atititorizo $miT.:(1 I floVing 0 (Iep0:,',11; of ;;;._ ..00 I;t) (.:01*(. 1 Owl IRIllibm; _ 00(.1 (Xpli7.10011 (101:0 ()1.. I. I. ., 1 timiersU)0(.1 Hint Ilty 1:.loctronic solve as authorization for 1. ho ak)roritontiolloci charge, your dope ;(F is fully roluucial)1(.., long as you cam:01 your ro.,/,01.vation 100,A: 96 hrs, 1>rior 1:o your schecluloci inovo (Into. !.;iicreel Heal t !glovin(J ;11)(1 -;1.()rage reserves the right to refur,e service at our disc:1.0_1mi Articles List 42 Xtems, 126 Pieces Qty Items 2 BED,--BRIDGE-1-1EADBOARD 2 BEDFOOTBOARD-- 1 .-BEDFKING-(W1-T-ii-MAURESS) BEDrOUBE-tt(VVIT-t I-MAT-4R ESS) 1 ,BECIT-TW114-(VVITH-MATIREiSS) 1 At:* 7 5 BOOKCASE OX rE-X-LE17-2.4X,1 „(24101;11-V T) (10 PBS - .130X;LARGE-48X-18X2444.5_.CAJ_ET) 42-89- yy c,1?) • BOXTMED:10X-1-6X-10-(0.0.6U7-14)410 ,:?c) B.C4XT-8MAL-642X12X-t6"(173-ett.-F-T)-PBO . 4 01AIR70114ING- 1 eflAIR4ILQ1-1 1 --G14A19,441G14.8AGIE-- Qty Items CHEST_Of DAR 1 -GHE9TTMEDIUM- -,---- 1 •GHlterWheON 1 CLOCK-WM=1 7 1 COMPUTER DESK 1,-91144ING-TABbE 1 DOLL-HOUSE---:, DRESSERT-DOUBLE • 1 DRE68ERTMIRROR----" ,DRIMER, SINGLE- 1 QUISEILTRIPLE 1 DRILLPRES8--- 2(D ENT-ERTAINMERFC-ENTER, LG 1 ,EILE-C-ABINE-TM-DRAWER Qty Items 1 GLASS-DV08----- -- +turn-- 4 1 .,,PATIO'L-OVE-SEAT 1 PATIO SIDE TABLE 2 PlerTURES, 1SAFE; 1 .SGROLU-SAW S9EA,-2--LOVE8EAT 1 SO FA,---tE-AT/B E D SPINNING WHEEL. 1 TABLE-LAMP;LARGE__4_ 2 TABL-E-,-END-- - 3 .--WO513ENCII http://ant.hollemovIng.comiwc.d117mpest-prnostwo-MtiV3S64952 Printed 1-'.811fitae 8/26/16, 9:07 AM ///////W1 ///(/ 1 /4/fl r-2c-- _e, Page 4 of 5 Case 3:17-cv-00117-DB Document 4-4 Filed 04/19/17 Page 4 of 5 PrInfocl F.stlinate 8/26/16, 9:07 AM C1)_ . , e k L [ NameCustomer Customer Signature Date 9. 11 litip://ant.hollomovIng.conilwc.d117mpost-prnostwo-MNV3S64962 Page 5 of 5 Case 3:17-cv-00117-DB Document 4-4 Filed 04/19/17 Page 5 of 5 -SUM fiffIPT esenum Order No.: Pkie UP INto fir ....-3Z--/-‘ , d̀ate "Val rabla for detaiy, Equipment JO: pi JO 5' /7.0/ )_< .• 1-171 --7/ / 4, Baas: roe. S oar the AEdlonel: Addoenet =it S percw.rt. a.R®$ HOURLY CHARGES: Part One: Ste/111m End time Haze ours End ame Part Two: Srartrime ▪ men Trucks s Ihr. deralnakin destination origin a destination an& S Staaa S Long Cary: 5 %Weld 5_ Mlso. Bulky harm [Mein -5 aeries. IDs. 62 S Addidenst: Addttlonal: ha. @ S Par Cu. a Use- ls c car. e S U. -7C( pa- 5 -1Y.i hrs. rni3.1 Tnscks S PACKING MATERIALS AND LABOR: Total materiel and Plano (see attached materials price rust): Par3dig Senice: Fuel surcharge: S STORAGE CHARGES: Notice of Maximum amount due upon delivery; Final charges yrgi be based on actual weight or cubic feet of properly and services provided or time. Maximum amount demanded upon delivery is the amount of the ron-binding estimate plus 109; or 100% of the binding estimate. Charges for post contract aervicea must be paid in advance of deevery and prior Co unloading. Payment In full of all charges Is due prior to unloading. There may be a fuel surcharge on all orders. Conversion formula: Conversion from weight to cubic feet, or vice versa, be a multiple oh 7Io perform the Calculations for ate total charges. SUMMARY OF CHARGES: ,$ It;<02 $ 7 1,06 GRAND TOTAL:, PARTIAL PAYMENT: C7 p 05 .1—E —, ( PARTIAL PAYMENT: . $ 7 1.3 : 7 S BALANCE DUE: S i, 4 1 L, p4„,,—,...,,,, L_ , s -., i -5c)-, PRICE ADJUSTMENT: $ NEW BALANCE DUE: 3 41. a 17 C. , • . or LIVERY ACKNO),YLEOGEMENT: In apparently the shipper cerftymed, lies bean let and en net The shipper hereby acknowledges that the shipment was received neat as acted on the inventory fist Furthermona, acknowledges that all the services that were ordered have been have been fully sassed. and the buck was Inspected and nothing behind. Shipper and/or agent has fuU celerity to accept the stimbiot Into this agreement. i )e) _I Li..- wows er ... ..____ - tkes 1 G-I 7 S Mod Hear,t Moving arid Storage 8480 Airport Rd, 131dg 0-Ste. GG El P650, TX .79925 (915) 875-1722 Toll Free (877) 684-9516 DOT No. 2478301 Tx DMV 00E788422C E' BINDING NON-BINDING INTRASTATE BILL OF LADING CONTRACT AND ORDER FOR SERVICE ORIGIN rtAr.o Cf. rtcti./ V'M n-, • ; Gt. e../v Aoona se: O 4 A"Rm$-? C) 3 rW 1 orrwsrA rP- cAir1 /4 rf 0-6" CITY/STATEEP LI/ 5 PHorte: -3 0-T56 eerie 34p 1- 5 4 AprA ama WEIGHT CHARGES: 1. FORM OF PAYMENT: On or before pickup 80% of the tote/ chargei Is required to be bald In the form of credit card (MasterCard, Visa, Discover, American Express), certified cheolts, cash, or U.S. Postal money and/or personal check order as long as there Is at least a 10 day window prior to del ivery. The remaining balance must be paid in hill upon delivery by CASH, POSTAL MONEY ORDER or CAS[-HER CHECK only. Subject to federal law, payment in FULL of at charges Is required before delivery arid prior to unloading — Subject to the 110% loco, if applicable. At charges are based on foe tariff rates. Shicverslsnaas3 Date 431 2.ri 2. NOTICE: By this reference the bil of lading arid order for service and all their terms, candEons, and estimated charges are combined and Incorporated by referencia in accordance eat 49 CFR §375.505(a). The role] estimated charges for Service is not a guaramee of Cu firer iota} charges - which may increase or decrease based upon actual eantves performed. quantity of items shipped. tuxes:oda, services, disenation eeriness, andtor weight el ahlpn-rent EXHIBIT E TOTAL ESTIMATED CHARGES: SPECIAL SERVICES: p STORAGE SHUTTLE STAIRS LONG CARRY MOTORCYCLE PIANO BULKY ITEM El OTHER: SPACE RESERVATION (minimum dm* calculaHon) /15 CO Cu. Ft. S. DISCLOSURES: Packing materialsliabcr are rat included and all be charged per terra ordered on the pecking materials list The space reservation option, it selected by shipper, may be used to determine changes Bill of Lading Is the controlling shipping contract. All charges Including adolfional services ndi be charged based on the hill tariff mica. See reverse side for Important information Including arbitration information. Inspeotion of Tariff: Tariff is available for Inspection upon reasonable request by caking earner. Agreed pickupOpetivery periods! The first dale Indicated as available for delivery la first date of the 6:M/cry window and not the promised delivery date. Pick-up and deriver), dates are rot guaranteed. Ring of claims: Carrier shall not be liable for the lops or damage of the goods unless claim is reads In writing supported by proof of ownership, value, end weight As a condition precedent, all outstanding monies due to the carrier must be paid in full before any claim can be made. Claims must be Ned within 9 months of delivery or demand thereof Is refused end must be limbed to the destination cletoripeone of damages for each item on the Inventory logs. All damages and missing [ems must be noted on the inventory logs. Damage inoications must specify each Item damaged at the time of delivery. Shipper or agent has full authority to order services and enter Into agreement Spectra Services: The space reservation option, if selected by shipper, may be used by the carrier to determine charges. Shipper wilt be notified of final Charges prior to denvarY and while In manse. On interstate moves en 1B wheeler may be used to deliver the property. ft destination address does not have access ler an 18 wheeler the shipper will be required la pay for shujile Service. Fug re-handing/delivery fees are applied when the carrier, must make a second adempt to deliver ate property if for any reason the shipper did not accept delivery on the first attempt. M charges Including additional services will he charged based an the full half[ rates. For all estimates there may be addttoral charges for eights of stairs, elevators, extra ereP•alfS or Pick-ups, re.detivery, tong carriers, and shutUes nor residences In restrictive areas. I have received the arbitration information and the booklet: Your Rights and Responsibilities When you Move and pamphlets Ready to Move and Valualiorvinsurance. I it had I sse4 I - -- 011128111 P4 ft- win : acre React Moving and Storage 0 t , Bldg D-Ste. G aso, TX.79 25 ) 875-172 e (877) 8849516 2478301 0 678 42 C r I I L I NTRACT AND ORDER FOR SERVICE l- e 5-1— r h 5"-/- / DESTINATION rase hlif /4i/1, it .) &pcileSt-i o ob-I ' M /MAW/ZI w.sea, .5- 7-1 (43 . P bONE 4. n t') C! 2 or before pickup GO% of the total chargei uired to be ppld In the form of MO cart (MasterCard, Visa, over, erican lesa), certif ed cheeks, cash, or U.S. Postal y nd/or p al died( order as long as there la at leas a 10 i dow prior to deeNery. The aining b lance t be paid In NU li ry by CASH, POSTAL MONEY ORDER or CASHIER l . ubject o federal law, payment in FALL of an charges is i before th ism and prior t loading -S Mectto the 1 0% aw, 1 pplioabk. At charges are based on fun ot fetes. tosespicesets 'r V— V2mne 07 . OTICE: By Ws nce the bil of lading and orde for sends and as eir te ms, c elas, e est ted charges a ombined an i omoreted by reference in ccordance troth 40 CFR 8575.505(H. The OW timated charges f service is not a guarantee of the Rem tote/ ch rges ay energise or decr as based upon actual services performed. (N m% of ite s tipped. strood / services, destination servic s. andis a shipment. I : $ •-e ---- cb -2e; ks C 1 • Ej 0 CIAL I : E II SHUT L ii III PIA Of I OTHER E RESERVATION gre i taiga attusHeM / • ,---,.. I. 1 Le l. S: Packing mated ledebar are riot included and will charged it ms ordered on tie pecking materials list The space ervation option, 4 elected by shipper, may be used to etermine rges. BM of Lading Is the cortnalting N pIng t bsct rges i l i g adoltional services veil be charged based on the full tariff rates. See reverse side for Importan i formation tnsuceng arbitration l r atron. Inspection of Tariff: Tariff s availab e for Inspection upon asonable request king card r. Agree . PleiruPrOellVetY i s: The first dale Indicated es availa elivery Is first date of deliver I dow and not the promised deliv ry dale. Pick-up and l y s ere nal guar nteed. Elting of claims: Genies d t not l f r the its or dam ge of the goods unless c aim is made In ie g sup orted by proof f wnership, value, arid welghL As a iti precedent, all outstanca g monies due la the carrier must be i i ful before any claim can be made. Claims ust be Ned within 9 t s of defe ery or demand ther of Is refused nd must be fitt d to estination descript ons of dam ges for each tern on the i ventory l s. All damages and missing teens ust be not d n the I ventory s, Damage Inoications must specify each kern da aged at the time li ry. Ship er or agent has lull authority to order servic s arid t r into agre ment Special Services: The space reservation ct , l cted by shipper, may be used by the carrier to determin rges. Ship er are notifi of final charges pri t deliver) . end 1 t Pena On inters ate moves an 1I3 wheeler may be used to ther the property. If destination address does n t have access far an eler the shipper will be r quired la pay for shuttle Servic . Fut fe s are applied when the carder mist ake a cond attempt to deliver the property if for any reason the shipper did t accept delivery on the first at empt. All charges theluefing itional rvices will be charged based an the full heir' rates Per ti ates t r ay be ad lionat charges for flights of eta , elevates, eater dropoffs or pick-ups, • ethery, ng esters, huttles for i nces in r trictive reas. ha recei the arbitrat cremation and the booidet Your Rights and Reeponslthlitlea When e and pamphlets Ready to Move and Valuationnnsura ce. 4111r-05 az' 71 L14 15ific6 0 Q raaTta . e of Maximum amount due pon delivery: Renal charges ai @ be based ctual weight or cubic feet of pro erty and servic s provided or lime. ount demande upon deliv ry 6 the amount f the nombinding timate plus 10%; or 100% of the bindi g estima e. Charges for post contract s ts must be paid in a vance of detiveny and odor IC unloading. Payment In ll arges is due prio to unloacang. There may be a fu l surcharge on WI rs. Conversion formula: Conversion from weight to cubic feet or vita e, be a multiple of 7 to perform the calculadois f r the total charges. HARGES: DE W D : M pe a S: se: ma @ 5 Mt la. fratiO ca as as i W t s i i l to - s won CUING FEET CHARGES: Bas : ut ®a a . ... escute s / 2i7 C- Mallon/1N ca ®5 c met $ stut .e. Si $ •- out _ a : rto : tenTiene ft.- OW, ortray: tunt/re fine H rs eta m en rucks S 5 Tan $_ wa acks l 5 Ta $ tal material and Packi g (t sleeked matedes Mee NM S el t RS thimgetica: $ 1z0 Wes 1 4. if i ) 2. e l wakarae: --,,c < S i .1) .7 teak o stinabon 5 can,: 5 a 5 stOtatiOn S Stns. s seism S tination 5 Rao. Bulky Hutu 3 ExtraMoSt pickup or deauera. 5 Tilt; lion; 5 Other: • - ../.- / Yo Days @ raft e S es est POI MOI121 $ 5 Ocher 5 e i per he eby acknowledges that e shipment Was reeelved IM apparently J112911d100=64-e. K ep' fie no n the inventory fist Furthermore, the s ipper nosAedges that all the s rvice's that were ord red have been performed. e be n fully satisfied. end the truck was Inspected and nothing hes bean let ind. Ship er and& agent Maas full p uthon y to accept th th e i ant an aril Li t is agre ment. i Jil e W' c K fiondi 1 DaN f v 5 fiCE) fitli NICIAVG X. STORAGE or er Od 2 I mhlp: $ I JUSTMENT: Case 3:17-cv-00117-DB Document 4-5 Filed 04/19/17 Page 1 of 1 Ascalramx Plops ORIGIN 7-o C3t A- 5 ADDRESS Base: ibe. 0 5 per tbs. Additional: lbs. 0 S per be. Additional: lbs. 0 $ CUBIC FEET CHARGES: Base: fro cum. ® s 75 — Per out Additional' out. 0 $ per ea It. Addlional- out 0 5 • r cu.II. PACKING MATERIALS AND LABOR; Total materiel end Packing (see 'leeched Matarrat'lacks HO: Full Peeking Service: Other: OTHER SERVICES: PRICE ADJUSTMENT: NEW BALANCE DUE: DELIVERY ACKNOWLEDGEMENT: The shipper hereby acknowledges that the shipment was received In apparently gelegmenavalon except as noted on the Inventory list. Furthermore, the shipper acknowledges that ell the services that were ordered have been performed, have bean fully satisfied, end the Puck was inspected and nothing has been left behind. SNpPer and/or agent hes Nil authority to accept the shipment and en Into this agreement ore ott on • P EXHIBIT Sacred Head Moving and Storage 6400 Airport Rd, Bldg D-Ste. GO El Pesti, TX 79925 (915)875-1722 Toll Free (677) 684-9516 DOT No. 2478301. Tx DMV 0067884220 ag.NDING NON-BINDING INTRASTATE BILL OF LADING CONTRACT AND ORDER FOR SERVICE MOVING & STORAGE SflUtD fitliPT Order He.: Z. kbo el CV i Pick Up „ got.. f 71 V date evadable for derrvery. Eau:meat10: 1. FORM OF PAYMENT: On or before piciwp 60% of the total chargeti Is required to be pant in the form of credit card (MasterCard, Visa, Discover, American Express), certified checks. cash. or U.S. Postal money and/or personal check order as long 119 there Is at least a 10 day window prior to delivery. The remaining balance must be paid In full upon delivery by CASH, POSTAL MONEY ORDER or CASHIER CHECK only. Sublect to federal law, payment in FULL of all charges Is required before delivery and prior to unloading — Subject to the 110% law, if applicable. All charges are based on MI tariff rates. 81111'r Y.11 273 2. NOTICE: By this reference the bE of lading and order for service arid all their terms, conditions, and estimated charges are combined and incorporated by reference In accordance Mth 49 CFR §376.503(a). The Mal estimated charges for service le not a guarantee of the nnal total charges which may increase or decrease based upon actual services performed, quantity of flame shipped, accessorial seMoes, destination services, and/or weight of shipment. WEIGHT CHARGES: 5 HOURLY CHARGES: Part One: Start lime • End time __Hours earl Two: Start Time End tee Hours two. men Ducks ®S S a. men nuclei OS Inc S TOTAL ESTIMATED CHARGES: SPECIAL SERVICES: • STORAGE El SHUTTLE O STAIRS LONG CARRY O MOTORCYCLE 0 PIANO O BULKY ITEM OTHER: Cu. FL 3. DISCLOSURES: Packing matenalstiabor are not included and will be charged per items ordered on the pacing materials list, The space reservation option, if selected by shipper, may be used to determine charges. Bill of lading is the controlling shipping contract. All charges Including additonal services will be charged based on the full tariff rates. See reverse sale for important information Including artirtration information. Inspection of Tariff: Tang is available for Inspection upon reasonable request by calling earner. Agreed pickup/Gellvery periods: The first dale Indicated as available for delivery is first date of the delivery window and not the promised delivery date. Mk-up and delivery dates are not guaranteed, Filing of claims: Carrier shall not be liable for the loss or damage of the goods unless claim is made In writing supported by proof of ownership, value, and weight As a condition precedent, ail outstanding monies due to the carrier must be paid in full before any claim can be made. Claims must be Ned within 9 months of delivery or demand thereof is refused and must be limited to the destination descriptions of damages for each Item on the Inventory logs. AO damages and missing items must be noted on the inventory logs. Damage Indications must specify each item damaged at the time of delivery. Shipper or agent has lull authority to order services and enter Into agreement. Special Services: The space reservation option, If selected by shipper, may be used by the center to determine charges. Shipper Will be notified of Anal charges prior to delivery and while In transit. On interstate moves an 18 wheeler may be used to deliver the property. If destination address does not have access for an 18 wheeler the shipper will be required to pay for shuttle service. Full re-hending/derivery fees are applied when the carder must make a second attempt to deitvar the property if for any reason the shipper did not accept delivery on the first attempt. All charges including additional services WU be charged based on the full tariff rates. For all estimates there may be additional charges for flights of stairs, elevators, extra drop-offs or pick-ups, re-defivery, long carriers, arid shuttles for residences in restrictive areas. I have received the arbitration information and the booklet: Your Rights and Resporitibtlities When you Move and paropNels Ready to Move and Valuation/Insurance. Seleper7V „ U14 °Meal Of MIChlati Gaol' 02012 All nahteregereei vnvw.rele garcialaw.cem. SPACE RESERVATION minimum charge calculation) FrO Fuel surcharge: State: $ origin 5 destination Lone Can$ oriotn $ destination Shuttle: origin 3 desination Mtn Bulky Item' Extra/Split paup or delivery. Valuation'. Other: 5 o3. Other: Days 0 cut STORAGE CHARGES: S _perm.a per month S Notice of Maximum amount due upon delivery: Final charges will be based on actual weight or cubic feel of property and services provided or time. Maximum amount demanded upon delivery Is the amount of he non-binding estimate plus 10%; or 100% of the binding estimate. Charges for post contract services must be paid in advance of delivery and prior to unloading. Payment In full of all charges is due prior to unloading. There may be a fuel surcharge on all orders. Conversion formula: Conversion from weight to cub c feet, or vice verse, be artighlple of 7 to perform the calculations ler the total charges. SUMMARY OF CHARGES: PARTIAL PAYMENT: I °0 A A- BALANCE DUE: GRAND TOTAL( Case 3:17-cv-00117-DB Document 4-6 Filed 04/19/17 Page 1 of 1