Motion-Secondary: WASSAR LOGISTICS HOLDINGS LLC vs. KROESCHE, MARTIN

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                                CAUSE NO. 2016-54111

                       WASSAR LOGISTICS HOLDINGS, LLC                       §
                                Plaintiff,



                      MARTIN KROESCHE, INDIVIDUALLY                        §   IN THE DISTRICT COURT OF
                      AND DERIVATIVELY ON BEHALF OF                        §
                      WASSAR LOGISTICS HOLDINGS, LLC, §
                               Defendant/Third Party-Plaintiff             §

                      and

                      STEVE SCHONEFELD, INDIVIDUALLY §
                      AND DERIVATIVELY ON BEHALF OF                        §
                      WASSAR LOGISTICS HOLDINGS, LLC, §                        HARRIS COUNTY, TEXAS
                               Intervenor/Third Party-Plaintiff            §



                      PETER SHAPER, COURTLAND                               §
                      LOEFFLER, GLENN MASSEY,                               §
                      GEORGE DEMPSEY, GENESIS                               §
                      PARK, JRBS ENTERPRISES, LTD.,                         §
                             GRISHAM CAPITAL, LLC,                          §
                               Third Party Defendants                          333     JUDICIAL DISTRICT


                            MARTIN KROESCHE’S AND STEVE SCHONEFELD’S                                        SPONSE
                          PLAINTIFF AND THIRD-PARTY DEFENDANTS’ SPECIAL EXCEPTIONS

                                Martin    Kroesche     and  Steve    Schonefeld     have   filed  an  Amended       Petition  that

                      addresses     the  issues   raised    by   the  Plaintiff   and   Third-Party      Defendants’     Special

                       Exceptions, so the motion is essentially moot.

                                The style has been adjusted to the above to address the Plaintiff and Third-Party

                       Defendants’     complaints,    and   Kroesche    and   Schonefeld     believe   their  proposed    style  is

                       accurate. The one proposed by Plaintiff and Third-Party Defendants is not accurate because

                       it stilllists Steve   Schonefeld    as  a Third-Party    Defendant     when    he is  now   an  intervenor



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                       plaintiff  against   the  Third-Party     Defendants.     Their   proposed     style  is also   inaccurate

                       because it doesn’t list the derivative claims on behalf of Wassar Logistics Holdings, LLC.

                                Kroesche and Schonefeld have also been more specific in their Amended Petition

                       as to their allegations and as to which claims apply to which Defendants. For these reasons,

                       Kroesche      and   Schonefeld      respectfully    request    that   the  Plaintiff   and    Third-Party

                       Defendants’ Special Exceptions be denied.

                                                                             Respectfully Submitted,

                                                                             THE KIRKLIN LAW FIRM, P.C.

                                                                             By:    /s/ Paul S. Kirklin
                                                                                    Paul S. Kirklin
                                                                                    Texas Bar No. 24070063
                                                                                    Email:    pkirklin@kirklinlaw.com
                                                                                    12600 N Featherwood Dr Suite 225
                                                                                    Houston, TX 77034
                                                                                    Tel. (713) 571-8300
                                                                                    Fax. (281) 922-6240
                                                                                    Attorney for Plaintiffs



                                                         CERTIFICATE OF SERVICE

                                I certify that on April 10, 2017 a true and correct copy of the foregoing instrument
                       was served on all counsel of record by electronic service.


                                                                             /s/ Paul S. Kirklin
                                                                             Paul S. Kirklin
                                                                             E-mail:pkirklin@kirklinlaw.com




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