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

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                                CAUSE NO. 2016-54111

                   WASSAR LOGISTICS                                         §          IN THE DISTRICT COURT OF
                   HOLDINGS, LLC                                            §
                                                                            §
                            Plaintiff,                                      §
                                                                            §
                   v.                                                       §
                                                                            §
                   MARTIN KROESCHE                                          §
                                                                            §
                            Defendant/                                      §
                            Third-Party Plaintiff,                          §
                                                                            §
                   v.                                                       §                HARRIS COUNTY, TEXAS
                                                                            §
                   PETER SHAPER, COURTLAND                                  §
                   LOEFLER, GLENN MASSEY,                                   §
                   STEVE SCHONEFELD, GEORGE                                 §
                   DEMPSEY, GENESIS PARK,                                   §
                   JRBS ENTERPRISES, LTD., and                              §
                   GRISHAM CAPITAL, LLC                                     §
                                                                            §
                            Third-Party Defendants.                         §               333rd JUDICIAL DISTRICT


                                ORDER GRANTING PLAINTIFF’S SPECIAL EXCEPTIONS


                           ON    THIS     DAY,     came     to  be  considered      Plaintiff   and   Third-Party      Defendants’

                  Special Exceptions to Martin Kroesche and Steve Schonefeld’s Fourth Amended Petition

                  and Original Petition in Intervention. The Court, having considered the papers on file and

                  hearing the arguments of counsel, is of the opinion that the Special Exceptions should be

                  GRANTED.

                           IT IS THEREFORE ORDERED that Martin Kroesche and Steve Schonefeld are to

                  fix the caption on all pleadings going forward and use only the caption above.
                           IT IS FURTHER ORDERED that Martin Kroesche and Steve Schonefeld shall re-

                  plead   their  factual   background       with   much    more    detail.  They    must   recite   specific   facts

                  related to each party they are making a claim against in this lawsuit. Their causes of action

                  for  breach    contract,    breach    of  fiduciary    duty,   knowing     participation,     defamation,     and

                  theft/unjust enrichment must be pled with greater specificity and facts in support of each.

                           IT IS FURTHER ORDERED that Martin Kroesche and Steve Schonefeld shall re-

                  plead their claims against all parties in this lawsuit. They must state by name which party

                  is being sued for which claim. For example, if they sue a party for defamation, they cannot

                  say “Defendants.” They must state the party by name.

                           Martin    Kroesche     and   Steve   Schonefeld      shall  have   10  days   from    the  date  of  this

                  Order to file an amended pleading. Failing that, their claims shall be stricken.

                                    SIGNED this ___ day of April, 2017.



                                                                                 _______________________________
                                                                                 HON. DARYL MOORE
                                                                                 JUDGE PRESIDING




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