FILED
`DALLAS COUNTY
`4/12/2019 3:36 PM
`FELICIA PITRE
`DISTRICT CLERK
`
`Lafonda Sims
`
`CAUSE NO. DC—19—01360
`
`IN THE 191ST DISTRICT COURT
`
`DALLAS COUNTY, TEXAS
`
`§
`§
`§
`§
`
`§ §
`
`§ §
`
`§
`
`SHAN ALI MOLEDINA,
`
`Plaintifif
`
`V.
`
`RAHOOL MAKANI,
`
`Defendant.
`
`MOTION FOR DEFAULT JUDGMENT
`
`Plaintiff Shan Ali Moledina moves for default judgment against Defendant Rahool Makani
`
`on the following grounds:
`
`1.
`
`Defendant Rahool Makani was served in accordance with Texas law on March 12,
`
`2019 by affixing a true and correct copy ofthe citation and Plaintiff” 5 Original Petition and Request
`
`for Disclosure to the front door of Defendant’s verified address at 1408 Greenway Park Drive,
`
`Carrollton, Texas 75007. Defendant Rahool Makani’s deadline to answer was April 08, 2019.
`
`Defendant Rahool Makani having been duly and legally cited to appear and answer, has failed to
`
`appear and answer and has wholly made default. The return of service for Defendant Rahool
`
`Makani has been filed with the Court as of March 18, 2019 and is attached this Motion as Exhibit
`
`“A” for the Court’s convenience.
`
`2.
`
`The amount of damages sustained by Plaintiff are supported by the Personal
`
`Guaranty of Shan Ali Moledina on file with Plaintiff‘s Original Petition, a copy of which is
`
`attached as Exhibit “B” for the Court’s convenience.
`
`3.
`
`Reasonable attorneys’ fees incurred by Plaintiff are described in detail in the
`
`Affidavit of David R. Gibson attached as Exhibit “C”.
`
`MOTION FOR DEFAULT JUDGMENT
`
`PAGE 1
`
`

`

`4.
`
`Defendant is not in the armed services as supported by the Service Members Relief
`
`Act Affidavit attached hereto as Exhibit “D”.
`
`WHEREFORE, Plaintiff requests entry of default judgment as to all claims against
`
`Defendant, that attorneys’ fees be awarded to Plaintiff, and any further relief, in law or in equity,
`
`to which Plaintiff may show itself entitled.
`
`Respectfully submitted,
`
`THE GIBSON LAW GROUP, PC
`
`By: /s/ David R. Gibson
`David R. Gibson
`
`SBN 07861220
`
`david.
`
`ibson
`
`ibsonlaw rou .com
`
`Nida Nadir
`
`SBN: 24057433
`
`nidanadirgw,gibsonlawgroup.com
`Reagan R. Herod
`SBN 24068030
`
`reaganherodga) gibsonlawgroupcom
`
`1304 W. Walnut Hill Lane, Ste. 212
`
`Irving, Texas 75038
`(817) 769-4044
`(817) 764-4313 Facsimile
`
`COUNSEL FOR PLAINTIFF
`
`MOTION FOR DEFAULT JUDGMENT
`
`PAGE 2
`
`

`

`EXHIBIT A
`
`EXHIBIT A
`
`
`
`
`

`

`FILED
`DALLAS COUNTY
`3/18/2019 4:26 PM
`FELICIA PITRE
`DISTRICT CLERK
`
`Gay Lane
`
`FORM NO. 353-3 - CITATION
`THE STATE OF TEXAS
`To:
`
`RAHOOLMAKANI
`1408 GREENWAY PARK DR
`CARROLLTON TX 75007
`
`GREETINGS:
`You have been sued. -you may employ an attorney. If yon or your attorney dc,not file-a writterr
`answer with the clerk who issued this citation by 10 o'clock a.m. of the Monday next following the
`expiration of twenty days after you were served this citation and petition, a default judgment may be
`taken against you. Your answer should be addressed to the clerk of the 191st District Court at 600
`Commerce Street, Ste. 101, Dallas, Texas 75202.
`
`Said Plaintiff being SHAN ALI MOLEDINA
`
`Filed in said Court 28th day of January, 2019 against
`
`RAHOOL MAKANI
`
`ESERVE
`
`CITATION
`
`DC-19-01360
`
`SHAN ALI MOLEDINA
`vs.
`RAHOOLMAKANI
`
`ISSUED THIS
`30th day of January, 2019
`
`FELICIA PITRE
`Clerk District Courts,
`Dallas County, Texas
`
`For Suit, said suit being numbered DC-19-01360, the nature of which demand is as follows:
`Suit on OTHER (CIVIL) etc. as shown on said petition, REQUEST FOR DISCLOSURE, a copy of
`which accompanies this citation. If this citation is not served, it shall be returned unexecuted.
`
`WITNESS: FELICIA PITRE, Clerk of the District Courts of Dallas, County Texas.
`Given under my hand and the Seal of said Court at office this 30th day of January, 2019.
`
`ATTEST: FELICIA PITRE, Clerk of the District Courts of Dallas, County, Texas
`
`JEFFERY WHITE
`
`By __ ~--i.c-e,,.;,,,...=l..,.______;b-=::::..,,,..=--------' Deputy
`
`By: JEFFERY WHITE, Deputy
`
`Attorney for Plaintiff
`DAVID R GIBSON
`1304 WW ALNUT HILL LANE
`SUITE212
`IRVING TX 75038
`214-800-2213
`david.gibson@gibsonlawgroup.com
`Adam.Bernal@gibsonlawgroup.com.
`
`

`

`Case No.: DC-19-01360
`
`Court No.191 st District Court
`
`Style: SHAN ALI MOLEDINA
`
`OFFICER'S RETURN
`
`RAHOOL.MAKANI
`
`il.fO g &w,1;1.,~ ~-.LK
`l :Z
`l sf-.
`, at ____ o'clock_~f_.M. Executed at Ca i/4--0 l l ::k,n ,-r;,a ? ~?
`day of_--'4{'"-',_.=-e,..;;__. _
`___,, 20
`Came to hand on the
`e .M.onthe
`/1/\ .. ~
`I
`.,
`within the County of___,W-t-=-_w_{o---'-"''--ir--'--____ at __ ._z;_~-- o'clock
`l'l...~·
`dayof __ ll_ ' -~ - - - - - - - - - -~
`20 ___ L_j __ ~• by delivering to the within named
`Ka, koo l (V\aK.a ~
`
`each, in person. a true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of delivery. The distance actually traveled by
`
`me in serving such process was ____ miles and my fees are as follows: To certify which witness my hand.
`
`For serving Citation
`
`$ ___ _
`
`For mileage
`
`For Notary
`
`$ ___ _
`
`$ ___ _
`
`By _______________ Deputy
`
`Signed and sworn to by the said R..otu i,•90 7
`
`to certify which witness my hand and seal of office.
`
`(Must be verified if served outside the State of Texas.)
`before me this {2-~ day of /~ . 20 1 J
`
`Notary Public {~ ft W'1-
`
`County_!_.~-----
`
`I $-'\~~~1't::,"'-
`WENDY BIGONY
`li,}.f{:..A.,,:\\'1 Notary Public, State of Texas
`l ;v:,.-.]~.-"!?:: Comm. Expires 06-26-2021
`'~i,?if,~,,,,'
`Notary ID 5720909
`
`-;..-v»·• .. ---{., ....
`
`'
`
`

`

`EXHIBIT B
`
`EXHIBIT B
`
`
`
`
`

`

`FILED
`DALLAS COUNTY
`1/28/2019 10:41 AM
`FELICIA PITRE
`DISTRICT CLERK
`
`Marcus Turner
`
`DC-19-01360
`CAUSE NO. - - - -
`
`SHAN ALI MOLEDINA,
`
`Plaintiff,
`
`v.
`
`RAHOOL MAKANI,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`lNTHE
`
`DISTRICT COURT
`
`DALLAS COUNTY, TEXAS
`
`ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
`
`Plaintiff complains of Defendant as follows:
`
`1.
`
`Plaintiff elects Discovery Control Plan 1.
`
`Discovery Level
`
`Rule 47 Statement
`
`2.
`
`Plaintiff seeks only monetary relief of $100,000 or less, including damages of any
`
`kind, penalties, costs, expenses, prejudgment interest, post-judgment interest, and attorneys' fees.
`
`Parties, Jurisdiction and Venue
`
`Plaintiff is an individual resident of Dallas County, Texas.
`
`Defendant Rahool Makani is an individual resident of Texas and may be served
`
`3.
`
`4.
`
`with process at his principal place of abode, 1408 Greenway Park Dr., Carrollton, TX 75007
`
`5.
`
`This Court has subject matter jurisdiction over this cause because the amount at
`
`issue exceeds the minimum jurisdictional limit of the Court. Venue is proper in Dallas County
`
`because all or a substantial part of the acts or omissions giving rise to this claim occurred in Dallas
`
`County and because Defendant resides in Dallas County.
`
`Factual Background
`
`6.
`
`Pursuant to a written agreement signed September 28, 2017, Plaintiff loaned
`
`Defendant $33,200, which Defendant agreed to repay to Plaintiff in four installments. To that end,
`
`ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
`
`PAGE 1
`
`

`

`Defendant gave Plaintiff four post-dated checks in the amount of the debt. See attached. Plaintiff
`
`was later informed that the checks were no good and should not be deposited.
`
`7.
`
`Defendant has failed, despite written demand, to repay his debt to Plaintiff in the
`
`total amount of $33,200.
`
`Claims
`
`Count 1: Breach of Contract
`
`8.
`
`Defendant has breached his contractual obligations to Plaintiff, which breach
`
`proximately damaged Plaintiff and for which he now sues.
`
`9.
`
`Plaintiff is entitled to recover his reasonable attorney's fees incurred in the
`
`prosecution of this claim pursuant to Chapter 38 of the Texas Civil Practice and Remedies Code.
`
`Count 2: Breach of Guaranty
`
`10.
`
`Defendant signed a personal guaranty agreement, a copy of which is attached to
`
`this petition. Despite demand, Defendant has failed to honor the terms of that guaranty by failing
`
`to pay Plaintiff the debt due as set forth above. As such, Defendant is in breach of his guaranty.
`
`11.
`
`Plaintiff is entitled to recover his reasonable attorney's fees incurred in the
`
`prosecution of this claim pursuant to Chapter 38 of the Texas Civil Practice and Remedies Code.
`'
`
`Count 3: Unjust Enrichment
`
`12.
`
`In the alternative, Defendant obtained a benefit from Plaintiff through fraud, duress,
`
`or taking undue advantage and Plaintiff has suffered injury as a result, for which Plaintiff now
`
`sues.
`
`13.
`
`Plaintiff is entitled to recover his reasonable attorney's fees incurred in the
`
`prosecution of this claim pursuant to Chapter 38 of the Texas Civil Practice and Remedies Code.
`
`ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
`
`PAGE2
`
`

`

`Conditions Precedent
`
`14.
`
`All conditions precedent to Plaintiffs recovery have been performed, have
`
`occurred, or have been waived.
`
`Request for Disclosure
`
`15.
`
`Pursuant to Rule 194, Defendant is requested to disclose, within 50 days of service
`
`of this request, the information or material described in Rule 194.2
`
`WHEREFORE, Plaintiff requests that Defendant be cited to appear and answer, and that on
`
`final trial, Plaintiff have judgment against Defendant for:
`
`1. Actual damages;
`
`3. Pre- and post -judgment interest at the highest rates allowed by law;
`
`4. Attorney's fees;
`
`5. Costs of Court; and
`
`6.
`
`Such other relief, at law or in equity, to which Plaintiff may be justly entitled.
`
`Respectfully submitted,
`
`THE GIBSON LAW GROUP, PC
`
`By: Isl David R. Gibson
`
`David R. Gibson
`SBN 07861220
`david.gibson@gibsonlawgroup.com
`Reagan R. Herod
`SBN 24068030
`reagan.herod@gibsonlawgroup.com
`
`1304 W. Walnut Hill Ln., Ste. 212
`Irving, Texas 75038
`P: (817) 769-4044
`F: (817) 764-4313
`
`COUNSEL FOR PLAINTIFF
`
`ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
`
`PAGE3
`
`

`

`RAHOOLMAKANI
`1408 GREENWAY PARK DR.
`CARROLLTON, TX 75007
`
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`RAHOOL MAKA.i"\JI
`1408 GREENV\IAYPARKDR.
`CARROLLTON, TX 75007
`
`0 L;/ 2-c; l?-9 L9 ·
`
`114
`
`35-1054/1130
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`RAHOOL MAKANI
`1408 GREENVvAY PARK DR.
`CARROLLTON, TX 75007
`
`o.r/o z.../ "Zc(?.
`
`113
`35-1054/1130
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`Personal Guaranty
`
`Whereas, Rahool Makhanl (hereinafter called the "Borrower"), desires to transact business with and obtain credit or a continuation of $30,000 credit
`as Personal Loan from Shan Ali Moledina (hereinafter called "Creditor");
`
`Whereas, Creditor is unwilling to extend or continue credit to the Borrower unless it receives a guaranty of the undersigned covering the Liabilities of
`the Borrower to Creditor, as hereinafter defined.
`
`Now, therefore, in consideration of the premises and of other good and valuable consideration and in order to Induce Creditor from time to time, in its
`discretion, to extend or continue credit to the unconditionally, to Creditor the payment of all liabilities of the Borrower to Creditor of whatever nature,
`whether now existing or hereafter incurred, whether created directly or acquired by Creditor by assignment or otherwise, whether matured or
`unmatured and whether absolute of contingent (all of which are herein collectively referred to as the "Liabilities of the Borrower").
`
`The undersigned agrees that, with or without notice or demand, the undersigned shall reimburse Creditor, to the extent that such reimbursement is not
`made by the Borrower, for all expenses (including counsel fees) incurred by Creditor in connection with any of the Liabilities of the Borrower or the
`collection thereof within 30 days receipt of payment.
`
`This guaranty is a continuing guaranty and shall remain in full force and effect irrespective of any interruptions in the business relations of the
`Borrower with Creditor; provided, however, that the undersigned may be noticed in writing, delivered personally to or received by registered mail by
`the Credit Manager of Creditor at Creditor's Address, terminate this guaranty with respect to all Liabilities of the Borrower incurred or contracted by the
`Borrower or acquired by Creditor after the date on which such notice is so delivered or received.
`
`All monies available to Creditor for application in payment or reduction of the Liabilities of the Borrower may be applied by Creditor in such manner
`and In such amounts and at such time or times as it may see fit to the payment or reduction of such of the Liabilities of the Borrower as Creditor may
`elect, and the obligations pursuant to this guaranty shall not be affected by any surrender or release by the Borrower of any other security held by it
`for any claim hereby guaranteed.
`
`The undersigned hereby waives (a) notice of acceptance of this guaranty and of extensions of credit by Creditor to the Borrower (b) presentment and
`demand for payment of any of the Liabilities of the Borrower (c) protest and notice of dishonor or default to the undersigned or to any other party with
`respect to any of the Liabilities of the Borrower; (d) all other notices to which the undersigned might otherwise be entitled; and (e) any demand for
`payment under this guaranty.
`
`This Is a guaranty of payment and not of collection and the undersigned further waives any right to require that any action be brought against the
`Borrower or any other person or to require that: resort be had to any security Or to any balance of any deposit account or credit on the books of
`Creditor In favor of the Borrower or any other person.
`
`No delay on the part of Creditor in exercising any rights hereunder or failure to exercise the same shall operate as a waiver of such rights: no notice to
`or demand on the undersigned shall be deemed to be a waiver of the obligations of the undersigned or of the right of Creditor to take further action
`without notice or demand as provided herein; not in any event shall any modifications or waiver of the provisions of this guaranty be effective unless in
`writing nor shall any such waiver be applicable except In the specific Instance for which given.
`
`This guaranty is, and shall be deemed to be, a contract entered into under and pursuant to the laws of the state of Texas and shall be in all respects
`governed, construed, applied and enforced In accordance with the laws of said State, and no defense given or allowed by the laws of any other state
`of the United States of America shall be Interposed in any action hereon unless defense is also given or allowed by the laws of the State of Texas
`including but not limited to Bankruptcy.
`
`Notary:
`
`~i} M<1.
`... .,.~
`State of Texas County of ~7D t'.i
`. Before me,
`to be the person whose name is subscribed as a witness to the
`foregoing Instrument of writing, and after being duly sworn by me he that he had signed the same _Sis a witness at the request of the granter (or
`/2:8
`day otffk,-1lvr , (year). (Personalized Seal) Notary
`person who executed the same.) Given under my hand and seal of office this
`UiJ/'7
`Public's Signature
`
`By:
`
`f<..4 \:\--oo( _ N\A'fc...AvJL
`
`(N~uarantor)
`
`(Signature of Guarantor)
`Address: ~'~'-f~o~f_C._· (tf;--'-:-=a,J"-"-1,.J-r,A,/..,_7_,e'-"'-fv2-tL."--'_~D=ll--'-. - - - -
`
`Subscribednre~ :::i.._
`on this
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`JONATHAN PICARO
`,,, ~y ,.,{J ,,,.
`gff:;.K;Jef'=, Notary Public, State of Texas
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`Notary ID 12917831
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`
`

`

`EXHIBIT C
`
`EXHIBIT C
`
`
`
`
`

`

`CAUSE NO. DC—19—01360
`
`IN THE 191ST DISTRICT COURT
`
`DALLAS COUNTY, TEXAS
`
`§
`§
`§
`§
`
`§ §
`
`§ §
`
`§
`
`AFFIDAVIT OF DAVID R. GIBSON
`
`SHAN ALI MOLEDINA,
`
`Plaintzfif
`
`V.
`
`RAHOOL MAKANI,
`
`Defendant.
`
`§ §
`
`STATE OF TEXAS
`
`COUNTY OF DALLAS §
`
`1. “My name is David R. Gibson. My date of birth is September 2, 1964. My
`address is 1304 W. Walnut Hill Ln., 212, Irving, Texas 75038.
`I declare under penalty of perjury
`that the following is true, correct, and based on my personal knowledge.
`I am over twenty-one
`years of age, am of sound mind, and in all respects fully competent and capable of making this
`Affidavit.
`
`In
`2. “I am the attorney of record for Plaintiff in the above styled and numbered cause.
`that capacity, I have care, custody and control of Plaintiff‘s litigation file in this matter and am
`personally knowledgeable of all work performed for Plaintiff in attempting to collect its debt
`from Defendant.
`
`3. “I have been continuously licensed to practice law in the State of Texas Since 1991,
`and have been a member of the Judicial Section of the State Bar of Texas.
`I have been admitted
`
`to practice before the United States Supreme Court, the Fifth Circuit Court of Appeals, the
`United States District Courts for the Northern, Eastern and Southern Districts of Texas, as well
`as the United States District Courts for the Northern District of California and the District of
`
`I served
`Arizona. Since 1991 I have practiced business litigation throughout the State of Texas.
`as Judge of Dallas County Court of Law No. 1 from 1999 to 2002 and during that time presided
`over dozens, if not hundreds, of cases involving claims for attorney fees.
`I have personally tried
`over six hundred cases, including 150 jury trials, as either a judge or an attorney.
`
`to a written agreement Signed September 28, 2017, Plaintiff loaned
`4. “Pursuant
`Defendant $33,200.00, which Defendant agreed to repay to Plaintiff in four installments. To that
`end, Defendant gave Plaintiff four post-dated checks in the amount of the debt. Copies of those
`checks are attached to Plaintiff’ S Original Petition. Plaintiff was later informed that the checks
`were no good and should not be deposited. Defendant has failed, despite written demand, to
`repay his debt to Plaintiff in the total amount of $33,200.00.
`
`AFFIDAVIT OF DAVID R. GIBSON
`
`PAGE 1
`
`

`

`5.
`
`“Based on my experience as articulated herein and summarized in my CV, a copy of
`which is attached, as well as my experience prosecuting this case, it is my opinion that $3,500 is
`a reasonable fee for Plaintiff’s prosecution of this case through default judgment and that the
`work underlying that fee was necessary.
`In the event, Defendant filed a motion for new trial, but
`lost, a reasonable attorney fee for Plaintiff would be $1,500. A reasonable fee for any appeal
`after which Plaintiff prevailed would be $7,500 for each level of appeal.
`
`6.
`
`“The factors I considered in reaching my opinion are set out in Texas Disciplinary
`Rule of Professional Conduct 1.04(b) and discussed below as follows:
`
`a.
`
`“A case of this nature, i.e., debt collection, does not usually require significant
`time or labor.
`
`“My acceptance of this case did not preclude me from other employment.
`
`“Fees customarily charged in metropolitan Texas for a case of this nature can vary
`widely. Contingent fees of 30-45% are standard for cases of this nature and are
`reasonable, especially given the risk of not collecting at all. My standard hourly
`rate is $350. My contemporaries routinely charge in excess of $400 per hour.
`In
`my opinion, my hourly rate is not only reasonable throughout Texas, but low
`relative to the market.
`I can maintain this lower rate because of my lower
`overhead and greater efficiency. When handling a case on a contingency, I expect
`to receive a higher effective hourly rate because of the risk involved in recovering
`nothing.
`I am handling this case on a 1/3 contingency, which is in my opinion
`reasonable for a case of this type in this area.
`
`“The amount involved in this case is not insignificant and is even more so given
`that Mr. Moledina is in his early 305. Mr. Moledina cannot afford to lose this
`money. The results obtained are apparent if the court grants the default judgment.
`
`“This case did not impose any unique time pressures, but I have tried to move
`quickly given the significance of this matter to Plaintiff.
`
`“This is the first time Ihave represented Plaintiff.
`
`“My experience is set forth in Paragraph 3 above and in my CV. Cases of this
`nature are straightforward, and my experience enables me to handle cases of this
`type with efficiency.
`
`I am handling this case on a contingency and collection is uncertain. Plaintiff was
`unable to afford an hourly fee in this case and is still not guaranteed any recovery
`since Defendant
`is an individual and it
`is uncertain whether he has any
`recoverable assets.
`
`AFFIDAVIT OF DAVID R. GIBSON
`
`PAGE 2
`
`

`

`Executed in Dallas County, State of Texas, on the l2lh day of April 2019, in accordance
`with Chapter 132 of the Texas Civil Practice and Remedies Code.
`
`/S/ David R. Gibson
`
`
`David R. Gibson
`
`AFFIDAVIT OF DAVID R. GIBSON
`
`PAGE 3
`
`

`

`
`
`The Gibson Law Group
`
`DAVID R. GIBSON, FORMER JUDGE
`ATTORNEY AT LAW
`
`david.gibson@gibsonlawgroup.com
`
`PROFESSIONAL EXPERIENCE
`
`The Gibson Law Group, PC. (Aug. 2003-March 2004; July 2006-Present)
`Carmody & James, P.C., Partner in Charge of the Dallas office (March 2004-July 2006)
`John H. Carney & Associates, Head of Litigation (Jan. 2002—Aug. 2003)
`Judge, Dallas County Court at Law No.1 (1999-2002)
`Litigation Attorney, Bell, Nunnally & Martin PLLC (May l993—Dec. 1998)
`Litigation Attorney, Jones, Day, Reavis & Pogue (Aug. l99l—May 1993)
`Summer Associate, Jones, Day, Reavis & Pogue (Dallas 1990)
`Summer Associate, Gibson, Dunn & Crutcher (Dallas 1990)
`
`PROFESSIONAL & OTHER ASSOCLATIONS
`
`Texas Bar Foundation, Life Fellow
`
`Education Empowers Foundation, Trustee
`Irving — Las Colinas Chamber of Commerce, Member
`H.E.B. Chamber of Commerce, Member
`Mansfield Chamber of Commerce, Member
`GLBT Chamber of Commerce, Member
`
`Dallas Trial Lawyers Association, Director (2003-2006), Member
`Dallas Bar Association (1991—2002)
`Dallas Children’s Charities (2008-2010)
`William "Mac" Taylor Inn of Court, Master (1999-2007)
`Texas Trial Lawyers Association (2002-2007)
`
`BAR ADMISSIONS
`
`United States Supreme Court (1995)
`United States Court of Appeals for the Fifth Circuit (1994)
`United States District Courts for the Northern (1991), Eastern (2006), and Southern (2008) Districts of
`Texas, Northern District of California (1993), and District of Arizona (1996)
`State Bar of Texas (1991), Judicial Section (1998)
`
`EDUCATION
`
`Cornell Law School (J.D., cum laude, with a concentration in Advocacy, 1991)
`Executive Editor, Cornell International Law Journal
`Moot Court Board
`
`Winner, First-Year Moot Court Competition
`Intern, Cornell Legal Aid Clinic
`Trinity University (BA. in economics, cum laude, 1987)
`
`
`1304 W. Walnut Hill Ln., Ste. 212
`Irving, TX 75038
`
`wwwgibsonlawgroupcom
`
`Phone: (817) 769-4044
`Fax: (817) 764-4313
`
`

`

`EXHIBIT D
`
`EXHIBIT D
`
`
`
`
`

`

`CAUSE NO. DC—l9—01360
`
`IN THE 191ST DISTRICT COURT
`
`DALLAS COUNTY, TEXAS
`
`§
`§
`§
`§
`
`§ §
`
`§ §
`
`§
`
`SHAN ALI MOLEDINA,
`
`V.
`
`RAHOOL MAKANI,
`
`Plaintifl,
`
`Defendant.
`
`SERVICEMEMBERS CIVIL RELIEF ACT AFFIDAVIT
`
`§ F
`
`2
`§
`
`STATE OF TEXAS
`
`COUNTY OF DALLAS
`
`My name is David R. Gibson. My date of birth is September 2, 1964. My address is 1304
`W. Walnut Hill Ln., 212, Irving, Texas 7503 8. I declare under penalty ofperjury that the following
`is true, correct, and based on my personal knowledge. I am over twenty—one years of age, of sound
`mind, and in all respects competent and capable of making this Affidavit.
`
`I have
`I have researched the individual Defendant’s present whereabouts and occupations.
`also queried the Department of Defense Manpower Data Center using Defendant’s Social Security
`Number and date of birth. AS a result of this investigation, Defendant iS not in the military service
`on active duty, and iS not a dependent of a service member on active duty. See attached DOD report.
`
`Executed in Dallas County, State of Texas, on the 8th day of April, 2019 in accordance
`with Chapter 132 of the Texas Civil Practice and Remedies Code.
`
`/S/ David R. Gibson
`
`
`David R. Gibson
`
`SERVICE MEMBERS CIVIL RELIEF ACT AFFIDAVIT
`
`PAGE 1
`
`

`

`Apr-10-2019 01:33:14 PM
`
`4.10
`
`Status Report
`Pursuant to Servicemembers Civil Relief Act
`
`XXX-XX-1715
`Aug-XX-1992
`MAKANI
`
`Apr-10-2019
`9F2BB6T2HVSF3ZC
`
`NA
`
`NA
`
`NA
`
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`
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`
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`
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`
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`
`NA
`
`NA
`
`Department of Defense Manpower Data Center
`
`Results as of :
`
`SCRA
`
`SSN:
`Birth Date:
`Last Name:
`First Name:
`Middle Name:
`Status As Of:
`Certificate ID:
`
`Active Duty Start Date
`
`Active Duty End Date
`
`Status
`
`Service Component
`
`On Active Duty On Active Duty Status Date
`
`This response reflects the individuals' active duty status based on the Active Duty Status Date
`
`Active Duty Start Date
`
`Active Duty End Date
`
`Status
`
`Service Component
`
`Left Active Duty Within 367 Days of Active Duty Status Date
`
`This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
`
`Order Notification Start Date
`
`Order Notification End Date
`
`Status
`
`Service Component
`
`The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
`
`This response reflects whether the individual or his/her unit has received early notification to report for active duty
`
`Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
`the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
`Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
`
`Michael V. Sorrento, Director
`Department of Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`

`

`The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
`Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
`
`The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (formerly known as
`the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
`individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
`member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
`protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
`information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person
`was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
`against you. See 50 USC App. ? 521(c).
`
`This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
`Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
`duty on the Active Duty Status Date.
`
`More information on "Active Duty Status"
`Active duty status as reported in this certificate is defined in accordance with 10 USC ? 101(d) (1). Prior to 2010 only some of the active duty periods less
`than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
`authorized by the President or the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the
`President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
`unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
`Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`Coverage Under the SCRA is Broader in Some Cases
`Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of