Request for Clerk's Record and Designation of Items¶
Bass v. D'Agostino and McSween, No. DC-2025-CV-1817 / No. 15-26-00132-CV · 2026-07-08 · PDF
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Filed 7/8/2026 4:05 PM Sara L. Smith Lubbock County - 237th District Court Lubbock County, Texas MS Tex. R. App. P. 34.5(b), 35.3(a) TO: Sara L. Smith, Lubbock County District Clerk P.O. Box 10536, Lubbock, TX 79408-3536 FROM: Kevin N. Bass, Appellant pro se · 512-333-4092 · kbassphiladelphia@gmail.com DATE: July 8, 2026 RE: Request for Clerk's Record and Designation of Items — Kevin N. Bass v. Darrin D'Agostino, et al. Trial Court Cause No. DC-2025-CV-1817 (237th Dist. Ct., Lubbock County) Court of Appeals No. 15-26-00132-CV (Fifteenth Court of Appeals) Dear Ms. Smith: Appellant Kevin N. Bass has filed a notice of appeal in the above cause (Court of Appeals No. 15-26-00132-CV). Pursuant to Tex. R. App. P. 34.5(a) and (b) and 35.3(a), appellant requests that you prepare and file the clerk's record for this appeal. Payment. Appellant will pay the cost of preparing the clerk's record. Please provide the amount due and your payment instructions at your earliest convenience so that payment or satisfactory arrangements can be completed promptly and documented to the Court of Appeals. The Fifteenth Court of Appeals has directed appellant to document payment or arrangements on or before July 13, 2026, and the clerk's record is due July 24, 2026. See Tex. R. App. P. 35.3(a)(2). Designation of additional items (Tex. R. App. P. 34.5(b)(2)). In addition to the items required by Tex. R. App. P. 34.5(a), appellant requests that the clerk's record include the following (to the extent not already required): 1. Plaintiff's Original Petition and Application for Temporary Injunction, and all amended petitions through the Fourth Amended Verified Original Petition. 2. Defendants' Plea to the Jurisdiction or, in the Alternative, Plea in Abatement, and Plaintiff's Response thereto. 3. Defendants' Reply in Support of the Plea to the Jurisdiction (filed March 18, 2026); Defendants' Notice of Submission and Amended Notice of Submission (filed March 13, 2026); and Defendants' Proposed Order (filed March 13, 2026). 4. The Order on Defendants' Plea to the Jurisdiction or, in the Alternative, Plea in Abatement, signed March 26, 2026 (the judgment appealed). 5. Notice of Nonsuit as to Certain Defendants. 445 6. Plaintiff's Sworn Motion under Tex. R. Civ. P. 306a(5) and Motion for New Trial under Tex. R. Civ. P. 329b (filed April 3, 2026), with all exhibits, and Plaintiff's Erratum thereto. 7. All responses, replies, and briefing on the Rule 306a(5) / new-trial motion, including Defendants' Response in Opposition (April 14, 2026), Plaintiff's Reply in Support with Exhibits A–L (April 23, 2026), and the parties' filings regarding the competing proposed orders. 8. Plaintiff's Motion to Set Evidentiary Hearing (April 28, 2026) and related filings; any order setting the May 21, 2026 hearing; Plaintiff's Request for Court Reporter (May 20, 2026); and Plaintiff's Motion for Reasonable Accommodations (ADA). 9. The Order Denying Plaintiff's Sworn Motion and Motion for New Trial, signed May 27, 2026. 10. All returns of citation / affidavits of service filed in the cause. 11. The Clerk's Notice of Judgment dated April 2, 2026, and the case's service-contact / e-service records maintained in the case management system, to the extent they are part of the clerk's file. 12. The Notice of Appeal filed June 24, 2026, and this Request for Clerk's Record. 13. The trial court's docket sheet. Thank you for your assistance. Please contact me at the phone or email above with the cost and payment instructions. Respectfully, /s/ Kevin N. Bass Kevin N. Bass, Appellant pro se Certificate of Service: A copy of this request was served on Scott D. Smith, Assistant Attorney General, counsel for Appellees (scott.smith@oag.texas.gov), by email and eService, on July 8, 2026. /s/ Kevin N. Bass 446 This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 117096073 Filing Code Description: RQST - Request Filing Description: Request for Preparation of Reporter's Record (May 21, 2026 hearing) Status as of 7/8/2026 4:18 PM CST Case Contacts Tristan AGarza tristan.garza@oag.texas.gov 7/8/2026 4:05:02 PM SENT Karla Gutierrez karla.gutierrez@oag.texas.gov 7/8/2026 4:05:02 PM SENT Scott D. Smith scott.smith@oag.texas.gov 7/8/2026 4:05:02 PM SENT Kevin N.Bass kbassphiladelphia@gmail.com 7/8/2026 4:05:02 PM SENT Kevin N. Bass kbassphiladelphi@gmail.com 7/8/2026 4:05:02 PM ERROR 447