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FILED

1/13/2016 1:36:45 PM
Donna Kay McKinney
Bexar County District Clerk
Accepted By: Lisa Morales

J/D CIT PPS SAC3

2016CI00572
CAUSE NO. _____________________
TIMOTHY MOTT, SHARLOTTE
MOTT, and JONATHAN MOTT
Plaintiffs,
V.
MPII, INC. d/b/a MISSION PARK
FUNERAL CHAPELS AND
CEMETERIES
Defendant.

IN THE DISTRICT COURT

288TH
_______ JUDICIAL DISTRICT

BEXAR COUNTY, TEXAS

PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR DISCLOSURE


TO THE HONORABLE JUDGE OF SAID COURT:
NOW

COMES

TIMOTHY

TIM

MOTT,

SHARLOTTE

MOTT,

and

JONATHAN MOTT, hereinafter called Plaintiffs complaining of MPII, INC. d/b/a


MISSION PARK FUNERAL CHAPELS AND CEMETERIES (MISSION) hereinafter
called Defendant and for cause of action show unto the Court the following:
DISCOVERY CONTROL PLAN LEVEL
1.

Plaintiffs intend that discovery be conducted under Discovery Level 3. The

damages in this case are more than $1,000,000.00.


PARTIES AND SERVICE
2.

Plaintiffs, TIMOTHY MOTT, SHARLOTTE MOTT, and JONATHAN

Defendant MPII, INC. d/b/a MISSION PARK FUNERAL CHAPELS AND

CEMETERIES is a Texas corporation headquartered and doing business in Bexar County,

Plaintiffs Original Petition


Mott v. Mission Park

Page

3.

MOTT are each natural persons residing in Bexar County, Texas.

Texas at all material times. Service may be effected upon its registered agent Richard D. Tips
at 1700 S.E. Military Dr., San Antonio, Texas 78214 or wherever he may he found via
private process.
JURISDICTION AND VENUE
4.

The subject matter in controversy is within the jurisdictional limits of this court.

Plaintiffs rely solely on Texas state law to the exclusion of any federal law. In the case of
misnomer or misidentification, Plaintiffs sue the Defendant pursuant to TRCP 28.
5.

This court has jurisdiction over Defendant MISSION, because said Defendant is a

Texas corporation headquartered and doing business in Bexar County, Texas.


6.

Venue in Bexar County is proper in this cause pursuant to Section 15.002(a)(1) of

the Texas Civil Practice and Remedies Code because all or a substantial part of the events or
omissions giving rise to this lawsuit occurred in Bexar county.
JURY DEMAND
7.

Plaintiffs hereby makes demand for trial by jury and tenders herewith the

statutory jury fee.


FACTS
8.

Julie Mott, daughter of Tim and Sharlotte Mott, and brother of Jonathan Mott,

died on August 8, 2015 of natural causes. Julie Mott was twenty-five years old. Julies father,

the body of Julie Mott. On August 15, 2015 the memorial service was held at the Mission Cherry
______________________________________________________________________________
Plaintiffs Original Petition
Mott v. Mission Park

Page

Mission. In connection with the funeral, on or about August 8, 2015, Mission took possession of

Tim Mott, arranged for the funeral memorial to be followed by cremation with Defendant

Park location. Sometime later that day, after the memorial service but before the body was
transferred to the crematorium, Mission lost possession of Julie Motts body and to this day has
been unable to explain how they lost the body. To this day, Julie Motts body has not been
located.
NEGLIGENCE
9.

Said conduct by Mission, listed in paragraph 7 above, constitutes a want of

ordinary care. Plaintiffs have suffered damages as a result of Missions negligent conduct.
GROSS NEGLIGENCE
10.

Said conduct by Mission, listed in paragraph 7 above, constitutes gross

negligence. Plaintiffs have suffered damages as a result of Missions grossly negligent conduct.
REQUEST FOR DISCLOSURE
11.

Pursuant to Texas Rule of Civil Procedure 194, Plaintiffs make Request for

Disclosure, and requests Disclosure required by Texas Rule of Civil Procedure 194 (a) - (k).
Responses to this request must be served upon the undersigned counsel within fifty-one (51) days
after service of process.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that the
Defendant be cited to appear and answer herein, and that upon a final hearing of the cause,

but within the jurisdictional limits of this court, together with punitive and exemplary damages,

Plaintiffs Original Petition


Mott v. Mission Park

Page

requested hereinabove in an amount in excess of the minimum jurisdictional limits of the Court,

judgment be entered for the Plaintiffs against Defendant for the economic and actual damages

prejudgment and post-judgment interest at the maximum rate allowed by law, costs of court, and
such other and further relief to which the Plaintiffs may be entitled at law or in equity, general or
specific, whether pled or unpled.

Respectfully submitted,

Katzman & Katzman


ATTORNEYS AT LAW

21022 Gathering Oak


San Antonio, Texas 78260
(210) 979-7300 tel
(210) 979-7357 fax
alex@katzmanandkatzman.com
www.katzmanandkatzman.com
_____s/alex katzman________
ALEX KATZMAN
SBN: 00786939
and
Mark Louis Greenwald
GREENWALD & GREENWALD, PLLC.
11911 Orsinger Lane
San Antonio, Texas 78230
(210) 789-6100 tel
(210) 568-6877 fax
mgreenwald@satx.rr.com
www.greelaw.com

Page

___s/mark louis greenwald____


MARK LOUIS GREENWALD
SBN: 0487050

______________________________________________________________________________
Plaintiffs Original Petition
Mott v. Mission Park