Preview
SuperP
RLI Bond Number: CMS0347326
CAUSE NO. 2017-24217
BARON REAL PROPERTY HOLDINGS IN THE DISTRICT COURT
LLC and TSQUARE APTS LLC
Plaintiffs,
v
HARRIS COUNTY, TEXAS
AMLI/BPMT TOWNE SQUARE
PARTNERSHIP, AMLI RESIDENTIAL
PROPERTIES, L.P., AMLI RESIDENTIAL
PARTNERS LLC, and AMLI
MANAGEMENT COMPANY
Defendants. 295™ JUDICIAL DISTRICT
APPEAL BOND
Whereas AMLI/BPMT TOWNE SQUARE PARTNERSHIP did on the 2nd day of March, 2022, obtain a
Final Judgment against which BARON REAL PROPERTY HOLDINGS LLC and TSQUARE APTS
LLC intend to duly give notice of an appeal:
Know all by these presents, that we, BARON REAL PROPERTY HOLDINGS LLC and TSQUARE
APTS LLC, as Principals, and RLI INSURANCE COMPANY, 9025 N. Lindbergh Drive, Peoria,
IL 61615, an Illinois corporation, duly authorized to do business in the State of Texas, as Surety,
acknowledge ourselves bound to pay AMLI/BPMT TOWNE SQUARE PARTNERSHIP the maximum
aggregate sum of SIX MILLION FOUR HUNDRED TWELVE THOUSAND ONE HUNDRED SEVEN
DOLLARS AND 92 CENTS ($6,412,107.92), representing the amount of attorneys’ fees through trial
and two years of post-judgment interest, to be paid by this instrument if:
1 the Final Judgment is affirmed, or the appeal is dismissed, or
2 Principals fail to pay promptly all sums awarded against them in or following the appeal in this
action to the Court of Appeals, Supreme Court of Texas, or United States Supreme Court,
including any costs that any appellate court may award if the judgment is modified.
Provided, however, that if BARON REAL PROPERTY HOLDINGS LLC or TSQUARE APTS LLC
seek and obtain a final judicial determination (including any appeals) that AMLI/BPMT TOWNE
SQUARE PARTNERSHIP, by virtue of its nonexistence, lack of capacity, dissolution, or similar status,
is not entitled to enforce and collect the amount of the judgment following appeal, if any, the obligation
shall be null and void.
FILED
Marilyn Burgess
District Clerk
MAY 33 2022
Tie acount as
By__ Christopher Dilworth
Deputy
< ae
In any event, the maximum liability of the Surety shall not exceed the sum of SIX MILLION FOUR.
HUNDRED TWELVE THOUSAND ONE HUNDRED SEVEN DOLLARS AND 92 CENTS
($6,412,107.92).
IN WITNESS WHEREOF, we have each set our hands this _6th day of May, 2022.
Principal: Baron Real Property Holdings LLC (SEAL)
By
Principal: TSQUARE APTS LLC (SEAL)
By
Surety: RLI Insurance Company (SEAL)
By
Thi Hotswon , Attorney-in-Fact
APPROVED:. 5-]0-22
MARILYN BURGESS, DISTRICT CLERK
HARRIS COUNTY, TEXAS
Christopher DitwortPEPUTY GO
> ” ..
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr, Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together, the "Company") do hereby make, constitute and appoint:
Sheila J. Montoya, John Browning, Kelli Housworth, Susan J. Lattarulo, Justin. R. Tomlin, Thomas F. McCoy Stasi intlyor severally
in the City of Denver State of Colorado its true and lawful Agent(s) and Attorney(s) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed ‘Twenty Five Million Dollars
(__$25,000,000.00__) for any single obligation
‘The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to-wit:
a
"All bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation, The
signature of any such officer and the corporate seal may be printed by facsimile.
IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
i ice Presides
December » 2019
o ott oieMy "ay, onlionn,, RLI Insurance Compan:
os Col, Contractors Bonding and Insurance Company
ss tt
Rr ORay,
ate
SEAL
Ya ORPORATS
“i
SEAL By:
Barton W. Davis
4 WP Vice President
State of Illinois
EHO
“An agai “ih ‘D\B"
mo
hss
County of Peoria CERTIFICATE
On this _6th_ day of _December _, __2019__, before me, a Notary Public, 1, the undersigned officer of RLI Insurance Company and/or
personally appeared who ing by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify
acknowled, ed that he signed the above Power of Attorney as the aforesaid
officer of th ¢ RLI Insurance Company and/or Contractors Bonding and
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony
act and deed of said corporation whereof, I have. hereunto set my hand and the seal of the RLI
Insurance Company and/or Contractors Bondin and Insurance
Company this_ 6th’ day of, ay
By: Prelchan 2. Gehmighe
Gretchen L. Johnigk Notary Public
RLI Insurance Company
Contractors Bonding and Insurance Company
FCS. ORETOHEN
Ved
ae
e
GRETCHEN L.LiOHNIGK
“OFFICIAL BEAL" »
My Cones aes
By
Jean M/tephenson
h. Corporate Secretary
B eet verve ey ee serene
0575440020212, A0058817
po
HAYNES BOONE
May 10, 2022
Via Hand Delivery
Marilyn Burgess
Attn: Civil Post Trial
201 Caroline, Suite 250
Houston, Texas 77002
Re: No. 2017-24217; Baron Real Property Holdings LLC and TSquare Apts LLC y.
AMLI/BPMT Towne Square Partnership, et al.; In the 295th Judicial District
Court of Harris County, Texas.
Dear Ms. Burgess:
Enclosed for filing is Baron Real Property Holdings LLC and TSquare Apts LLC’s
Appeal Bond No. CMS0347326, setting the bond amount for $6,412,107.92 to be filed
in the above referenced cause. The trial court judgment was signed on March 2, 2022,
for the amount of $5,815,970.90, plus court costs and post-judgment interest.
If you have any questions or require additional information, please do not hesitate to
contact me.
Sincerely,
Quan,
Kent Rutter
State Bar No. 00797364
Direct Dial: (713) 547-2211
Kent.Rutter@haynesboone.com
Counsel for Plaintiffs FILED
Marit in Burgess
Ois' i rict Clerk
Baron Real Property Holdings
LLC
and TSquare Apts LLC
MAY 09 2022 ZS Ar
Time:,
Christopher Dilworth
Haynes and Boone, LLP 1221 McKinney Street | Suite 4000 | Houston, TX 77010
T: 713.547.2000 | haynesboone.com
NX
FILED
Marilyn Burgess
Distelct Clerk
CAUSE NO. . 2017-24217 MAR ~ 2 2022
Harris County, Toxas
BARON REAL PROPERTY HOLDINGS By. a.
wae y
L4
LLC AND TSQUARE APTS LLC,
Plaintiffs, IN THE DISTRICT COURT OF
ab
y. HARRIS COUNTY, TEXAS
AMLU/BPMT TOWNE SQUARE 295TH JUDICIAL DISTRICT
PARTNERSHIP, AMLI RESIDENTIAL
PROPERTIES, L.P. AMLI RESIDENTIAL print
PARTNERS LLC, AND AMLI
MANAGEMENT COMPANY,
Defendants.
FINAL JUDGMENT
On January 27, 2022, this case was called for trial. Plaintiffs, Baron Real Property
Holdings LLC and TSquare Apts LLC (collectively “Baron”) appeared through their counsel of
record and announced ready for trial. Defendants, AMLI/BPMT Towne Square Partnership,
AMLI Residential Properties, L.P., AMLI Residential Partners LLC, and AMLI Management
Company (collectively “AMILI”) appeared though their counsel of record and announced ready
for trial.
Prior to trial, the Court granted AMLI’s motion to dismiss the claims of common-law fraud,
statutory fraud in a real estate transaction, and fraudulent inducement asserted by Baron against
AMLI. During trial, the Court granted directed verdict in favor of AMLI Residential Properties,
L.P., AMLI Residential Partners LLC, and AMLI Management Company on Baron’s remaining
breach of contract claim. After a jury was impaneled and sworn, it heard the evidence and
arguments of counsel. In response to the Court’s Charge, the jury made findings that the Court
received, filed, and entered of record. The questions submitted to the jury and the jury’s findings
a
Y
RECORDER'S MEMO; RAXDUM
This instrument 1s of
at the tine of aly
imaging
are attached as Exhibit A and incorporated by reference. AMLI filed a Motion for Entry of
Judgment on February 28, 2022.
'
1 The Court orders that Baron Real Property Holdings LLC and TSquare Apts LLC take
nothing by their claims against AMLI/BPMT Towne Square Partnership, AMLI
Residential Properties, L.P., AMLI Residential Partners LLC, and AMLI Management
Company; and
AMLI/BPMT Towne Square Partnership, Residential
cent biG;
Adtbi Properties, bP Atvtbt
pat ’ shall recover from Baron
»)
Real Property Holdings LLC and TSquare Apts LLC, jointly and severally:
a. Reasonable and necessary attorney fees through trial in the amount of
$5,815,970.90;
Costs of court; and
post-judgment interest on the foregoing at the rate of 5%, compounded
annually, from the date this judgment is signed until paid.
3. In the event that an appeal is taken from this final judgment, the party (meaning either
AMLI or Baron) that is ultimately successful in prosecuting or defending the appeal
from this judgment shall recover, as reasonable and necessary fees, costs, and expenses:
a. $400,000 for representation in the court of appeals;
b an additional $50,000 if either party files a petition for review in the
Supreme Court of Texas;
an additional $125,000 if any party files a brief on the merits at the request
of the Supreme Court of Texas; and
an additional $75,000 if oral argument is conducted in the Supreme Court
of Texas.
4 This judgment finally disposes of all claims and all parties, and is appealable.
DS (ek
Signed this 2nd day of March, 2022
Hon. DONNA ROTH
Judge, 295th District Court
AGREED AS ro FORM woe
Ls/ Jeremy Fielding
Jeremy Fielding, P.C. (Texas Bar No.
2404089)
Michael Kalis (Texas Bar No, 24092606)
Seth Cannon (Texas Bar No. 24116160)
KIRKLAND & ELLIS LLP
1601 Elm Street
Dallas, Texas 75201
Tel: (214) 972-1754
Email: jeremy.fielding@kirkland.com
michael.kalis@kirkland.com
seth.cannon@kirkland.com
Anna Rotman, P.C. (Texas Bar No. 24046761)
Rebekah McEntire (Texas Bar No. 24091427)
Dustin Womack (Texas Bar No. 24115963)
KIRKLAND & ELLIS LLP
609 Main Street
Houston, Texas 77002
Tel: (713) 836-3600
Email: anna.rotman@kirkland.com
rebekah.sills@kirkland.com
dustin. womack@kirkland.com
Kartik Singapura (Texas Bar No. 524083863)
BELL NUNNALLY
2323 Ross Avenue, Suite 1900
Dallas, Texas 75201
Tel: (214) 740-1494
Email: ksingapura@bellnunnally.com
R. Alan York (Texas Bar No. 22167500)
REED SMITH LLP
811 Main Street, Suite 1700
Houston, Texas 77002-6110
Tel: (713) 469-3819
Email: ayork@reedsmith.com
ATTORNEYS FOR DEFENDANTS
Preview
SuperP RLI Bond Number: CMS0347326 CAUSE NO. 2017-24217 BARON REAL PROPERTY HOLDINGS IN THE DISTRICT COURT LLC and TSQUARE APTS LLC Plaintiffs, v HARRIS COUNTY, TEXAS AMLI/BPMT TOWNE SQUARE PARTNERSHIP, AMLI RESIDENTIAL PROPERTIES, L.P., AMLI RESIDENTIAL PARTNERS LLC, and AMLI MANAGEMENT COMPANY Defendants. 295™ JUDICIAL DISTRICT APPEAL BOND Whereas AMLI/BPMT TOWNE SQUARE PARTNERSHIP did on the 2nd day of March, 2022, obtain a Final Judgment against which BARON REAL PROPERTY HOLDINGS LLC and TSQUARE APTS LLC intend to duly give notice of an appeal: Know all by these presents, that we, BARON REAL PROPERTY HOLDINGS LLC and TSQUARE APTS LLC, as Principals, and RLI INSURANCE COMPANY, 9025 N. Lindbergh Drive, Peoria, IL 61615, an Illinois corporation, duly authorized to do business in the State of Texas, as Surety, acknowledge ourselves bound to pay AMLI/BPMT TOWNE SQUARE PARTNERSHIP the maximum aggregate sum of SIX MILLION FOUR HUNDRED TWELVE THOUSAND ONE HUNDRED SEVEN DOLLARS AND 92 CENTS ($6,412,107.92), representing the amount of attorneys’ fees through trial and two years of post-judgment interest, to be paid by this instrument if: 1 the Final Judgment is affirmed, or the appeal is dismissed, or 2 Principals fail to pay promptly all sums awarded against them in or following the appeal in this action to the Court of Appeals, Supreme Court of Texas, or United States Supreme Court, including any costs that any appellate court may award if the judgment is modified. Provided, however, that if BARON REAL PROPERTY HOLDINGS LLC or TSQUARE APTS LLC seek and obtain a final judicial determination (including any appeals) that AMLI/BPMT TOWNE SQUARE PARTNERSHIP, by virtue of its nonexistence, lack of capacity, dissolution, or similar status, is not entitled to enforce and collect the amount of the judgment following appeal, if any, the obligation shall be null and void. FILED Marilyn Burgess District Clerk MAY 33 2022 Tie acount as By__ Christopher Dilworth Deputy < ae In any event, the maximum liability of the Surety shall not exceed the sum of SIX MILLION FOUR. HUNDRED TWELVE THOUSAND ONE HUNDRED SEVEN DOLLARS AND 92 CENTS ($6,412,107.92). IN WITNESS WHEREOF, we have each set our hands this _6th day of May, 2022. Principal: Baron Real Property Holdings LLC (SEAL) By Principal: TSQUARE APTS LLC (SEAL) By Surety: RLI Insurance Company (SEAL) By Thi Hotswon , Attorney-in-Fact APPROVED:. 5-]0-22 MARILYN BURGESS, DISTRICT CLERK HARRIS COUNTY, TEXAS Christopher DitwortPEPUTY GO > ” .. POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr, Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Sheila J. Montoya, John Browning, Kelli Housworth, Susan J. Lattarulo, Justin. R. Tomlin, Thomas F. McCoy Stasi intlyor severally in the City of Denver State of Colorado its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed ‘Twenty Five Million Dollars (__$25,000,000.00__) for any single obligation ‘The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to-wit: a "All bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation, The signature of any such officer and the corporate seal may be printed by facsimile. IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have i ice Presides December » 2019 o ott oieMy "ay, onlionn,, RLI Insurance Compan: os Col, Contractors Bonding and Insurance Company ss tt Rr ORay, ate SEAL Ya ORPORATS “i SEAL By: Barton W. Davis 4 WP Vice President State of Illinois EHO “An agai “ih ‘D\B" mo hss County of Peoria CERTIFICATE On this _6th_ day of _December _, __2019__, before me, a Notary Public, 1, the undersigned officer of RLI Insurance Company and/or personally appeared who ing by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowled, ed that he signed the above Power of Attorney as the aforesaid officer of th ¢ RLI Insurance Company and/or Contractors Bonding and that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation whereof, I have. hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bondin and Insurance Company this_ 6th’ day of, ay By: Prelchan 2. Gehmighe Gretchen L. Johnigk Notary Public RLI Insurance Company Contractors Bonding and Insurance Company FCS. ORETOHEN Ved ae e GRETCHEN L.LiOHNIGK “OFFICIAL BEAL" » My Cones aes By Jean M/tephenson h. Corporate Secretary B eet verve ey ee serene 0575440020212, A0058817 po HAYNES BOONE May 10, 2022 Via Hand Delivery Marilyn Burgess Attn: Civil Post Trial 201 Caroline, Suite 250 Houston, Texas 77002 Re: No. 2017-24217; Baron Real Property Holdings LLC and TSquare Apts LLC y. AMLI/BPMT Towne Square Partnership, et al.; In the 295th Judicial District Court of Harris County, Texas. Dear Ms. Burgess: Enclosed for filing is Baron Real Property Holdings LLC and TSquare Apts LLC’s Appeal Bond No. CMS0347326, setting the bond amount for $6,412,107.92 to be filed in the above referenced cause. The trial court judgment was signed on March 2, 2022, for the amount of $5,815,970.90, plus court costs and post-judgment interest. If you have any questions or require additional information, please do not hesitate to contact me. Sincerely, Quan, Kent Rutter State Bar No. 00797364 Direct Dial: (713) 547-2211 Kent.Rutter@haynesboone.com Counsel for Plaintiffs FILED Marit in Burgess Ois' i rict Clerk Baron Real Property Holdings LLC and TSquare Apts LLC MAY 09 2022 ZS Ar Time:, Christopher Dilworth Haynes and Boone, LLP 1221 McKinney Street | Suite 4000 | Houston, TX 77010 T: 713.547.2000 | haynesboone.com NX FILED Marilyn Burgess Distelct Clerk CAUSE NO. . 2017-24217 MAR ~ 2 2022 Harris County, Toxas BARON REAL PROPERTY HOLDINGS By. a. wae y L4 LLC AND TSQUARE APTS LLC, Plaintiffs, IN THE DISTRICT COURT OF ab y. HARRIS COUNTY, TEXAS AMLU/BPMT TOWNE SQUARE 295TH JUDICIAL DISTRICT PARTNERSHIP, AMLI RESIDENTIAL PROPERTIES, L.P. AMLI RESIDENTIAL print PARTNERS LLC, AND AMLI MANAGEMENT COMPANY, Defendants. FINAL JUDGMENT On January 27, 2022, this case was called for trial. Plaintiffs, Baron Real Property Holdings LLC and TSquare Apts LLC (collectively “Baron”) appeared through their counsel of record and announced ready for trial. Defendants, AMLI/BPMT Towne Square Partnership, AMLI Residential Properties, L.P., AMLI Residential Partners LLC, and AMLI Management Company (collectively “AMILI”) appeared though their counsel of record and announced ready for trial. Prior to trial, the Court granted AMLI’s motion to dismiss the claims of common-law fraud, statutory fraud in a real estate transaction, and fraudulent inducement asserted by Baron against AMLI. During trial, the Court granted directed verdict in favor of AMLI Residential Properties, L.P., AMLI Residential Partners LLC, and AMLI Management Company on Baron’s remaining breach of contract claim. After a jury was impaneled and sworn, it heard the evidence and arguments of counsel. In response to the Court’s Charge, the jury made findings that the Court received, filed, and entered of record. The questions submitted to the jury and the jury’s findings a Y RECORDER'S MEMO; RAXDUM This instrument 1s of at the tine of aly imaging are attached as Exhibit A and incorporated by reference. AMLI filed a Motion for Entry of Judgment on February 28, 2022. ' 1 The Court orders that Baron Real Property Holdings LLC and TSquare Apts LLC take nothing by their claims against AMLI/BPMT Towne Square Partnership, AMLI Residential Properties, L.P., AMLI Residential Partners LLC, and AMLI Management Company; and AMLI/BPMT Towne Square Partnership, Residential cent biG; Adtbi Properties, bP Atvtbt pat ’ shall recover from Baron ») Real Property Holdings LLC and TSquare Apts LLC, jointly and severally: a. Reasonable and necessary attorney fees through trial in the amount of $5,815,970.90; Costs of court; and post-judgment interest on the foregoing at the rate of 5%, compounded annually, from the date this judgment is signed until paid. 3. In the event that an appeal is taken from this final judgment, the party (meaning either AMLI or Baron) that is ultimately successful in prosecuting or defending the appeal from this judgment shall recover, as reasonable and necessary fees, costs, and expenses: a. $400,000 for representation in the court of appeals; b an additional $50,000 if either party files a petition for review in the Supreme Court of Texas; an additional $125,000 if any party files a brief on the merits at the request of the Supreme Court of Texas; and an additional $75,000 if oral argument is conducted in the Supreme Court of Texas. 4 This judgment finally disposes of all claims and all parties, and is appealable. DS (ek Signed this 2nd day of March, 2022 Hon. DONNA ROTH Judge, 295th District Court AGREED AS ro FORM woe Ls/ Jeremy Fielding Jeremy Fielding, P.C. (Texas Bar No. 2404089) Michael Kalis (Texas Bar No, 24092606) Seth Cannon (Texas Bar No. 24116160) KIRKLAND & ELLIS LLP 1601 Elm Street Dallas, Texas 75201 Tel: (214) 972-1754 Email: jeremy.fielding@kirkland.com michael.kalis@kirkland.com seth.cannon@kirkland.com Anna Rotman, P.C. (Texas Bar No. 24046761) Rebekah McEntire (Texas Bar No. 24091427) Dustin Womack (Texas Bar No. 24115963) KIRKLAND & ELLIS LLP 609 Main Street Houston, Texas 77002 Tel: (713) 836-3600 Email: anna.rotman@kirkland.com rebekah.sills@kirkland.com dustin. womack@kirkland.com Kartik Singapura (Texas Bar No. 524083863) BELL NUNNALLY 2323 Ross Avenue, Suite 1900 Dallas, Texas 75201 Tel: (214) 740-1494 Email: ksingapura@bellnunnally.com R. Alan York (Texas Bar No. 22167500) REED SMITH LLP 811 Main Street, Suite 1700 Houston, Texas 77002-6110 Tel: (713) 469-3819 Email: ayork@reedsmith.com ATTORNEYS FOR DEFENDANTS