Preview
FILED
6/8/2022 3:57 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Angie Avina DEPUTY
0022-06063
CAUSE N0.
HOUSTON BEER VENTURES I,
§ IN THE DISTRICT COURT 0F
LLC,
g
Petitioner, §
V
DALLAS COUNTY, TEXAS
§
PR II §
LACENTERRA, LP,
§ 116th
Respondent § JUDICIAL DISTRICT
ORIGINAL PETITION FOR MISCELLANEOUS ACTION TO COMPEL
DISCOVERY IN AID OF AN OUT-OF-STATE PROCEEDING
Petitioner Houston Beer Ventures I, LLC, files this miscellaneous action to aid
in taking the deposition and obtaining production of documents from Respondent PR
II LaCenterra, LP, for a pending out-of-state arbitration in Florida, stating:
DISCOVERY CONTROL PLAN
1. Petitioner intends to seek discovery in Texas from Respondent in accord-
ance With an out-of—state mandate issued by the Circuit Court of the Thirteenth
Judicial Circuit of Hillsborough County, Florida, attached hereto. Therefore, to the
extent this miscellaneous action is subject to a discovery control plan, Petitioner
pleads it as Level 1.
STATEMENT OF CLAIM FOR RELIEF
2. Pursuant to TRCP 47, Petitioner seeks only non-monetary relief at this
time but reserves the right to request a recovery of fees and/or costs should it become
necessary to compel compliance with any discovery request.
ORIGINAL PETITION FOR DISCOVERY
IN AID OF OUT-OF-STATE PROCEEDING Page |
1
PARTIES
3. Petitioner Houston Beer Ventures I, LLC is a Delaware limited liability
company who seeks to conduct discovery in Texas for use in a Florida arbitration.
4. Respondent PR II LaCenterra, LP is a Delaware company with a prin-
cipal office in Texas registered with the Texas Comptroller as 1999 Bryan St, Ste 900,
Dallas, TX 7 5201-3140, and who can be served with a subpoena through its registered
agent, CT Corporation System, at 1999 Bryan St, Ste 900, Dallas, TX 75201.
VENUE AND JURISDICTION
5. Venue and personal jurisdiction is proper in this Court because Dallas
County is the location of Respondent’s principal office as registered with the Texas
Comptroller. See TEX. CIV. PRAC. & REM. CODE § 15.002(a)(3).
6. Pursuant to Texas Civil Practice & Remedies Code § 20.002 and TRCP
201.2, this Court has subject matter jurisdiction to aid an out-of-state court s man-
date, writ, or commission” for discovery to be conducted in Texas.
FACTS
7. Petitioner is a party to the case styled as Houston Beer Ventures I, LLC,
v. World of Beer Franchising, LLC F/K/A World of Beer Franchising, Inc., Case No.
22-CA-004431, Division K, pending in the Circuit Court of the Thirteenth Judicial
Circuit of Hillsborough County, Florida, and its companion American Arbitration As-
sociation proceeding (Case No. 01-21-0017-2026) in Florida.
ORIGINAL PETITION FOR DISCOVERY
IN AID OF OUT-OF-STATE PROCEEDING Page |
2
8. On June 6, 2022, the Florida court of record issued a mandate which
authorizes any appropriate authority in Texas to issue a subpoena summoning Re-
spondent to provide documents and testimony under oath for use in the Florida
arbitration, and further requests the assistance of the courts in Texas if needed to
compel such discovery, as attached hereto.
9. This petition is filed to aid that court and, accordingly, upon acceptance
of this e-filing, the undersigned local counsel Who is authorized to practice in Texas
intends to issue a subpoena by authority of TRCPs 17 6, 196, 199, and 205, to be served
compelling a records custodian of Respondent “to appear and testify in the same man-
ner and by the same process used for taking testimony in a proceeding pending in
this State.” See TEX. CIV. PRAC. & REM. CODE § 20.002; TEX. R. CIV. P. 201.2.
10. All other parties in the Florida out-of-state proceedings have been
and/or will be provided notice pursuant to the applicable rules in that court.
11. The deposition is expected to be set to occur on July 12, 2022, starting
at 9:30 a.m. Central Time (10:30 a.m. Eastern Time).
12. If Respondent fails to comply With a duly issued and properly served
subpoena to produce documents, appear, and testify, or any interested person seeks
to intervene and prevent the discovery, then Petitioner reserves the right to request
this Court exercise its power to order compliance and award any appropriate reme-
dies under the Texas Rules of Civil Procedure and/or this Court’s inherent power,
including a recovery of all attorneys’ fees and costs incurred by Petitioner.
ORIGINAL PETITION FOR DISCOVERY
IN AID OF OUT-OF-STATE PROCEEDING Page |3
PRAYER
WHEREFORE, Petitioner requests this Court maintain a miscellaneous action
on its docket to aid the Circuit Court of the Thirteenth Judicial Circuit of Hills-
borough County, Florida, by ensuring compliance with its mandate attached hereto
and, to the extent it becomes necessary, award Petitioner all attorneys’ fees, costs,
and expenses incurred in connection with compelling compliance in Texas. Petitioner
further requests all other relief at law or in equity to which it may be justly entitled.
Dated: June 8, 2022 Respectfully submitted,
WRIGHT COMMERCIAL LITIGATION
By: /s/ Jason E. Wright
Jason E. Wright (TX Bar No. 24063896)
8751 Collin McKinney Pkwy
Suite 1102 #1088
McKinney, TX 75070
Tel: (469) 270-7819
Fax: (469) 270-7822
Email: jason@jwrightlaw.com
TEXAS ATTORNEY FOR PE TITIONER
ORIGINAL PETITION FOR DISCOVERY
IN AID OF OUT-OF-STATE PROCEEDING Page |4
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL ACTION
In Re: The Arbitration Between:
HOUSTON BEER VENTURES I, LLC, CASE NO: 22-CA-004431
Claimant, Division: K
V. AAA CASE NO.: 01-21-0017-2026
WORLD OF BEER FRANCHISING, LLC
F/K/A WORLD OF BEER FRANCHISING,
INC.
Respondent.
/
WRIT OF MANDATE APPOINTING COMMISSIONER
IN THE STATE OF TEXAS TO ISSUE AND SERVE SUBPOENA ON NON-PARTY
THIS CAUSE came before the Court upon Claimant’s Motion for Writ of Mandate
Appointing Commissioner in the State of Texas to Issue and Serve Subpoena on Non-Party (the
“Motion”). The Court having reviewed the same and being fully advised in the premises, it is
hereby
ORDERED AND ADJUDGED that:
1. This Court approves the discovery sought by the Subpoena Duces Tecum attached
as Exhibit A to the Motion (the “Subpoena”) and requests the assistance of any duly authorized
Texas court, clerk, attorney, process server, court reporter or notary public to act as a
commissioner to issue and enforce a subpoena in Texas to obtain the information and documents
sought by the Subpoena from non-party, PR II LaCenterra, LP.
DONE AND ORDERED in Chambers, Hillsborough County, Florida, this day of June,
2022.
Electronically Conformed 6/6/2022
Caroline Tesche Arkin
CIRCUIT COURT JUDGE
AMERICAN ARBITRATION ASSOCIATION
In Re: The Arbitration Between:
HOUSTON BEER VENTURES I, LLC,
Claimant,
v. AAA CASE NO.: 01-21-0017-2026
WORLD OF BEER FRANCHISING, LLC
F/K/A WORLD OF BEER FRANCHISING,
INC,
Respondent.
WORLD OF BEER FRANCHISING, LLC,
Counterclaimant,
V.
HOUSTON BEER VENTURES I, LLC,
JTR DEVELOPMENT, LLC, RAPPAPORT
FAMILY LTD, and JASON RAPPAPORT,
Counterclaim/Third-Party Claims
Respondents,
/
SUBPOENA DUCES TECUM FOR DEPOSITION
THE STATE OF FLORIDA:
TO: Records Custodian
PR II LACENTERRA, LP
1999 Bryan Street, Suite 900
Dallas, TX 75201
YOU ARE COMMANDED to appear at the offices of Dickman Davenport, Inc., 4228 N.
Central Expy, Suite 101, Dallas TX 75206 or an alternatively agreed upon location} and to have
with you at that time and place specified below under the “Documents to be Produced” section of this
Subpoena.
1
Please contact Claimant’s counsel, Rocke, McLean & Sbar, P.A. c/o Ian A. Parry, Esq. at ip§m@rmslegal.com or
813—769-5600 to coordinate a different location to appear in person for the production of the requested documents.
Alternatively, you may comply with this subpoena by producing to Claimant’s attorney the documents requested by
this subpoena prior to the date set forth herein, thereby obviating the need for you to appear in person at any location.
EXHIBIT
$.A‘
PLEASE THOROUGHLY REVIEW THESE DEFINITIONS BEFORE RESPONDING T0
THE REQUESTED PRODUCTION AS MANY 0F THE TERMS ARE SPECIFICALLY
DEFINED.
SCHEDULE A
Definitions and Instructions
A. Each request seeks documents within the possession, custody, or control of the
party receiving this Subpoena, including without limitation the receiving party’s officers, directors,
employees, representatives, attorneys and agents, and all persons acting on its behalf with respect
to the matters addressed in the categorical document requests.
B. “And” as well as “or” shall be construed disjunctively as necessary in order to bring
within the scope of the request all documents which might otherwise be construed to be outside its
scope.
C. “Claimant” or “HBV” shall mean and refer to the Claimant, Houston Beer Ventures
I, LLC, including, but not limited to, all representatives, members, agents, attorneys or other
persons acting or communicating on behalf of Claimant.
D. “Respondent” or “WOB” shall mean and refer to the Respondent, World of Beer
Franchising, LLC f/k/a World of Beer Franchising, Inc., including, but not limited to, all
representatives, affiliates, members, agents, attorneys or other persons acting or communicating
on behalf of Respondent.
E. PR II LaCenterra, LP shall mean and refer to PR II LaCenterra, LP, including but
limited to, all representatives, affiliates (including without limitation Poag Shopping Centers,
LLC), partners, officers, directors, employees, agents, attorneys or other persons acting or
communicating on behalf of PR II LaCenterra, LP.
F. “WOB Katy, LLC” shall mean and refer to WOB Katy, LLC including but limited
to, all representatives, affiliaites, members, officers, directors, employees, agents, attorneys or
other persons acting or communicating on behalf of WOB Katy, LLC.
G. “Document,” whether singular or plural, shall mean documents and other tangible
things defined in the broadest sense, and shall include, without limitation: originals or, if such are
not available, true copies of all letters, notes, memoranda, minutes of meetings or conversations,
reports, evaluations, correspondence, intra— or inter-office communications or memoranda,
agreements, contracts, bank statements, invoices, checks, journals, ledgers, telegraphs, telexes,
telephone logs or records, handwritten notes, periodicals, pamphlets, computer or business
machine printouts, files or programs, accountant’s work papers, accountant’s statements and
writings, notations or records of meetings, medical records, books, papers, diaries, desk calendars,
appointment books, promissory notes, leases, loan agreements, financing statements, deposit slips,
advertising, articles of incorporation, bylaws, office manuals, employee manuals, company rules
and regulations, reports of experts, drafts and copies of any of the foregoing, or such documents
as are not an identical copy of an original or where such copy contains any commentary or notation
whatsoever that does not appear on the original, tape recordings or other sound or Visual production
materials, including audio or videotapes, and any other written matter, tangible or physical objects,
however produced, or reproduced, such as electronic mail, upon which words or phrases are affixed
and from which by appropriate transfixion such matter or tangible thing may be produced, that are
in the possession, custody or control of the producing party or his or its agents, attorneys, or
representatives.
H. “Written Communication,” means the act of delivery or exchange of information
or data between one person and another in writing, or an oral communication that was then reduced
to writing (in a memorandum or notation, for example), and specifically includes the definition of
“Document” above. This Definition specifically includes all forms of electronic messaging such
as social media posts and messaging, electronic mail (e-mail) or text messages in the complete
form as sent or received.
I. A communication or document “regarding,” “relating” or “related” to any given
subject means any communication or document that constitutes, contains, embodies, concerns,
reflects, identifies, states, refers to, deals with, or is in any way pertinent to that subject, including,
without limitation, documents concerning the preparation of other documents.
J. Without limitation of the foregoing, “documents” shall include all documents that
are created or maintained on paper or electronically (including, but not limited to, e—mails and text
messages).
K. If you object to part of any request and refuse to answer that part, state the objection,
identify the part to which you object, and answer the remaining portion of the request. If you
object to the scope or time period of any request, state the objection, identify the scope or time
period to which you object, and answer the request for the scope or time period that you believe is
appropriate.
L. Unless otherwise established by the context, the plural shall be construed to include
the singular, and the singular the plural.
M. If any document is withheld under claim of privilege, attorneys’ work product or
trial preparation materials, identify each such document in writing or before the due date of the
answers to the document requests herein, together with the nature or description, date, subject
matter and author of the document, as well as the identity of all persons to whom the document
was directed, addressed or received, and the document request to which it corresponds. For each
such document, state the basis for the claim of privilege, attorneys’ work-product, or trial
preparation materials.
N. In the event that any requested document or tangible thing is known to have existed
and cannot now be located or has been destroyed or discarded, that document or tangible thing
shall be identified by (i)the last known custodian, (ii) date of destruction or discard, (iii)the
manner of destruction or discard, (iv) the reason(s) for destruction or discard, (V) as to lost or
misplaced documents or tangible things, the efforts made to locate such documents or tangible
things, (vi) a statement describing the document, including a smnmary of its contents, or the
tangible thing, (Vii) the identity of the author(s) or creator(s), (viii) persons to whom it was sent or
shown.
PLEASE THOROUGHLY REVIEW THESE DEFINITIONS BEFORE RESPONDING TO
THE REQUESTED PRODUCTION AS MANY OF THE TERMS ARE SPECIFICALLY
DEFINED.
Documents to be Produced
This Subpoena is intended to cover all documents in PR II LaCenterra, LP’s possession or
subject to its custody or control or in possession of or subject to the custody and control of PR II
LaCenterra, LP’s officers, directors, employees, attorneys, agents or other representatives.
1. A complete copy of the lease agreement (together with all schedules, riders, addendums,
exhibits, extensions, modifications, renewals, guarantees, etc.) executed by HBV and PR
II LaCenterra, LP (or its predecessor in interest) for the commercial space located at 2643
Commercial Center Blvd Suite B390, Katy, TX 77494.
2. All Written Communications, including without limitation email communications,
between HBV and PR II LaCenterra, LP between January 1,2020 and March 17, 2021.
3. A complete copy of any lease agreement (together with all schedules, riders, addendums,
exhibits, extensions, modifications, renewals, guarantees, etc.) executed by WOB or
WOB Katy, LLC and PR II LaCenterra, LP for the commercial space located at 2643
Commercial Center Blvd Suite B390, Katy, TX 77494.
4. All Written Communications, including without limitation email. communications,
between WOB and PR II LaCenterra, LP between January 1, 2020 and March 17, 2021.
5. All Written Communications, including without limitation email communications,
between WOB and PR II LaCenterra, LP which reference or relate to the negotiation of
lease terms and closing date for execution of any lease agreement executed by WOB or
WOB Katy, LLC for the commercial space located at 2643 Commercial Center Blvd
Suite B390, Katy, TX 77494.
6. All Written Communications, including without limitation email communications,
between WOB and PR II LaCenterra, LP which reference or relate to HBV or any dispute
between HBV and WOB.
7. All Written Communications, including without limitation email communications,
between WOB and PR II LaCenterra, LP which reference or relate to the assets and
equipment located within the commercial space located at2643 Commercial Center Blvd
Suite B390, Katy, TX 77494 as of November 16, 2020.
8. A11 Written Communications, including Without limitation email communications,
between WOB Katy, LLC and PR II LaCenterra, LP between January l, 2020 and March
l7, 2021.
9. All Written Communications, including Without limitation email communications,
between WOB Katy, LLC and PR II LaCenterra, LP which reference or relate to HBV
or any dispute between HBV and WOB.
10. All Written Communications, including without limitation email communications,
between WOB Katy, LLC and PR II LaCenterra, LP which reference or relate to the
negotiation of lease terms and closing date for execution of any lease agreement executed
by WOB or WOB Katy, LLC for the commercial space located at 2643 Commercial
Center Blvd Suite B390, Katy, TX 77494.
ll. All Written Communications, including without limitation email communications,
between WOB Katy, LLC and PR II LaCenterra, LP which reference or relate to the
assets and equipment located within the commercial space located at 2643 Commercial
Center Blvd Suite B390, Katy, TX 77494 as of November 16, 2020.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply m'th this subpoena by providing legible copies
of the items to be produced to Claimant’s counsel, Rocke McLean Sbar, P.A. c/o Ian Parry,
Esq., 2309 S. MacDill Ave., Tampa, Florida 33629 (iparry@rmslegal.com) (813-769-5600)
2
on or before the scheduled date of production, and thereby eliminate your appearance at the
time and place specified above. You may condition the preparation of the copies upon the payment
in advance of the reasonable cost of preparation of the copies. You have the right to object to the
production pursuant to this subpoena at any time before production by giving written notice to to
Claimant’s counsel, Rocke McLean Sbar, P.A. c/o Ian Parry, Esq., 2309 S. MacDill Ave., Tampa,
Florida 33629 (iparry@mislegal.com) (813-769-5600).
If you fail to: (a) appear as specified; or (b) furnish the records instead of appearing as
provided above; or (c) object to this Subpoena, YOU MAY BE IN CONTEMPT OF COURT.
You are subpoenaed by the arbitrator whose name appears on this Subpoena and unless excused from
this Subpoena by that arbitrator or a Court of competent jurisdiction, you shall appear as this subpoena
directs.
DATED on this day of 2022.
CHAIRPERSON
2
Respondent’s counsel is Doug Knox, Esq. and may be contacted at Gray Robinson, PA, 401 East Jackson Street,
Suite 2700, Tampa FL 33602 (Doug.Knox@grav-robinson.com) (813-273-5000).
Automated Certificate of eService
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.
Jason Wright on behalf of Jason Wright
Bar No. 24063896
jason@jwrightlaw.com
Envelope ID: 65259958
Status as of 6/10/2022 2:10 PM CST
Associated Case Party: HOUSTON BEER VENTURES l,LLC
Name BarNumber Email TimestampSubmitted Status
Jason Wright jason@jwrightlaw.com 6/8/2022 3:57:14 PM SENT
Ian Parry iparry@rmslegal.com 6/8/2022 3:57:14 PM SENT
Preview
FILED 6/8/2022 3:57 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Angie Avina DEPUTY 0022-06063 CAUSE N0. HOUSTON BEER VENTURES I, § IN THE DISTRICT COURT 0F LLC, g Petitioner, § V DALLAS COUNTY, TEXAS § PR II § LACENTERRA, LP, § 116th Respondent § JUDICIAL DISTRICT ORIGINAL PETITION FOR MISCELLANEOUS ACTION TO COMPEL DISCOVERY IN AID OF AN OUT-OF-STATE PROCEEDING Petitioner Houston Beer Ventures I, LLC, files this miscellaneous action to aid in taking the deposition and obtaining production of documents from Respondent PR II LaCenterra, LP, for a pending out-of-state arbitration in Florida, stating: DISCOVERY CONTROL PLAN 1. Petitioner intends to seek discovery in Texas from Respondent in accord- ance With an out-of—state mandate issued by the Circuit Court of the Thirteenth Judicial Circuit of Hillsborough County, Florida, attached hereto. Therefore, to the extent this miscellaneous action is subject to a discovery control plan, Petitioner pleads it as Level 1. STATEMENT OF CLAIM FOR RELIEF 2. Pursuant to TRCP 47, Petitioner seeks only non-monetary relief at this time but reserves the right to request a recovery of fees and/or costs should it become necessary to compel compliance with any discovery request. ORIGINAL PETITION FOR DISCOVERY IN AID OF OUT-OF-STATE PROCEEDING Page | 1 PARTIES 3. Petitioner Houston Beer Ventures I, LLC is a Delaware limited liability company who seeks to conduct discovery in Texas for use in a Florida arbitration. 4. Respondent PR II LaCenterra, LP is a Delaware company with a prin- cipal office in Texas registered with the Texas Comptroller as 1999 Bryan St, Ste 900, Dallas, TX 7 5201-3140, and who can be served with a subpoena through its registered agent, CT Corporation System, at 1999 Bryan St, Ste 900, Dallas, TX 75201. VENUE AND JURISDICTION 5. Venue and personal jurisdiction is proper in this Court because Dallas County is the location of Respondent’s principal office as registered with the Texas Comptroller. See TEX. CIV. PRAC. & REM. CODE § 15.002(a)(3). 6. Pursuant to Texas Civil Practice & Remedies Code § 20.002 and TRCP 201.2, this Court has subject matter jurisdiction to aid an out-of-state court s man- date, writ, or commission” for discovery to be conducted in Texas. FACTS 7. Petitioner is a party to the case styled as Houston Beer Ventures I, LLC, v. World of Beer Franchising, LLC F/K/A World of Beer Franchising, Inc., Case No. 22-CA-004431, Division K, pending in the Circuit Court of the Thirteenth Judicial Circuit of Hillsborough County, Florida, and its companion American Arbitration As- sociation proceeding (Case No. 01-21-0017-2026) in Florida. ORIGINAL PETITION FOR DISCOVERY IN AID OF OUT-OF-STATE PROCEEDING Page | 2 8. On June 6, 2022, the Florida court of record issued a mandate which authorizes any appropriate authority in Texas to issue a subpoena summoning Re- spondent to provide documents and testimony under oath for use in the Florida arbitration, and further requests the assistance of the courts in Texas if needed to compel such discovery, as attached hereto. 9. This petition is filed to aid that court and, accordingly, upon acceptance of this e-filing, the undersigned local counsel Who is authorized to practice in Texas intends to issue a subpoena by authority of TRCPs 17 6, 196, 199, and 205, to be served compelling a records custodian of Respondent “to appear and testify in the same man- ner and by the same process used for taking testimony in a proceeding pending in this State.” See TEX. CIV. PRAC. & REM. CODE § 20.002; TEX. R. CIV. P. 201.2. 10. All other parties in the Florida out-of-state proceedings have been and/or will be provided notice pursuant to the applicable rules in that court. 11. The deposition is expected to be set to occur on July 12, 2022, starting at 9:30 a.m. Central Time (10:30 a.m. Eastern Time). 12. If Respondent fails to comply With a duly issued and properly served subpoena to produce documents, appear, and testify, or any interested person seeks to intervene and prevent the discovery, then Petitioner reserves the right to request this Court exercise its power to order compliance and award any appropriate reme- dies under the Texas Rules of Civil Procedure and/or this Court’s inherent power, including a recovery of all attorneys’ fees and costs incurred by Petitioner. ORIGINAL PETITION FOR DISCOVERY IN AID OF OUT-OF-STATE PROCEEDING Page |3 PRAYER WHEREFORE, Petitioner requests this Court maintain a miscellaneous action on its docket to aid the Circuit Court of the Thirteenth Judicial Circuit of Hills- borough County, Florida, by ensuring compliance with its mandate attached hereto and, to the extent it becomes necessary, award Petitioner all attorneys’ fees, costs, and expenses incurred in connection with compelling compliance in Texas. Petitioner further requests all other relief at law or in equity to which it may be justly entitled. Dated: June 8, 2022 Respectfully submitted, WRIGHT COMMERCIAL LITIGATION By: /s/ Jason E. Wright Jason E. Wright (TX Bar No. 24063896) 8751 Collin McKinney Pkwy Suite 1102 #1088 McKinney, TX 75070 Tel: (469) 270-7819 Fax: (469) 270-7822 Email: jason@jwrightlaw.com TEXAS ATTORNEY FOR PE TITIONER ORIGINAL PETITION FOR DISCOVERY IN AID OF OUT-OF-STATE PROCEEDING Page |4 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL ACTION In Re: The Arbitration Between: HOUSTON BEER VENTURES I, LLC, CASE NO: 22-CA-004431 Claimant, Division: K V. AAA CASE NO.: 01-21-0017-2026 WORLD OF BEER FRANCHISING, LLC F/K/A WORLD OF BEER FRANCHISING, INC. Respondent. / WRIT OF MANDATE APPOINTING COMMISSIONER IN THE STATE OF TEXAS TO ISSUE AND SERVE SUBPOENA ON NON-PARTY THIS CAUSE came before the Court upon Claimant’s Motion for Writ of Mandate Appointing Commissioner in the State of Texas to Issue and Serve Subpoena on Non-Party (the “Motion”). The Court having reviewed the same and being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that: 1. This Court approves the discovery sought by the Subpoena Duces Tecum attached as Exhibit A to the Motion (the “Subpoena”) and requests the assistance of any duly authorized Texas court, clerk, attorney, process server, court reporter or notary public to act as a commissioner to issue and enforce a subpoena in Texas to obtain the information and documents sought by the Subpoena from non-party, PR II LaCenterra, LP. DONE AND ORDERED in Chambers, Hillsborough County, Florida, this day of June, 2022. Electronically Conformed 6/6/2022 Caroline Tesche Arkin CIRCUIT COURT JUDGE AMERICAN ARBITRATION ASSOCIATION In Re: The Arbitration Between: HOUSTON BEER VENTURES I, LLC, Claimant, v. AAA CASE NO.: 01-21-0017-2026 WORLD OF BEER FRANCHISING, LLC F/K/A WORLD OF BEER FRANCHISING, INC, Respondent. WORLD OF BEER FRANCHISING, LLC, Counterclaimant, V. HOUSTON BEER VENTURES I, LLC, JTR DEVELOPMENT, LLC, RAPPAPORT FAMILY LTD, and JASON RAPPAPORT, Counterclaim/Third-Party Claims Respondents, / SUBPOENA DUCES TECUM FOR DEPOSITION THE STATE OF FLORIDA: TO: Records Custodian PR II LACENTERRA, LP 1999 Bryan Street, Suite 900 Dallas, TX 75201 YOU ARE COMMANDED to appear at the offices of Dickman Davenport, Inc., 4228 N. Central Expy, Suite 101, Dallas TX 75206 or an alternatively agreed upon location} and to have with you at that time and place specified below under the “Documents to be Produced” section of this Subpoena. 1 Please contact Claimant’s counsel, Rocke, McLean & Sbar, P.A. c/o Ian A. Parry, Esq. at ip§m@rmslegal.com or 813—769-5600 to coordinate a different location to appear in person for the production of the requested documents. Alternatively, you may comply with this subpoena by producing to Claimant’s attorney the documents requested by this subpoena prior to the date set forth herein, thereby obviating the need for you to appear in person at any location. EXHIBIT $.A‘ PLEASE THOROUGHLY REVIEW THESE DEFINITIONS BEFORE RESPONDING T0 THE REQUESTED PRODUCTION AS MANY 0F THE TERMS ARE SPECIFICALLY DEFINED. SCHEDULE A Definitions and Instructions A. Each request seeks documents within the possession, custody, or control of the party receiving this Subpoena, including without limitation the receiving party’s officers, directors, employees, representatives, attorneys and agents, and all persons acting on its behalf with respect to the matters addressed in the categorical document requests. B. “And” as well as “or” shall be construed disjunctively as necessary in order to bring within the scope of the request all documents which might otherwise be construed to be outside its scope. C. “Claimant” or “HBV” shall mean and refer to the Claimant, Houston Beer Ventures I, LLC, including, but not limited to, all representatives, members, agents, attorneys or other persons acting or communicating on behalf of Claimant. D. “Respondent” or “WOB” shall mean and refer to the Respondent, World of Beer Franchising, LLC f/k/a World of Beer Franchising, Inc., including, but not limited to, all representatives, affiliates, members, agents, attorneys or other persons acting or communicating on behalf of Respondent. E. PR II LaCenterra, LP shall mean and refer to PR II LaCenterra, LP, including but limited to, all representatives, affiliates (including without limitation Poag Shopping Centers, LLC), partners, officers, directors, employees, agents, attorneys or other persons acting or communicating on behalf of PR II LaCenterra, LP. F. “WOB Katy, LLC” shall mean and refer to WOB Katy, LLC including but limited to, all representatives, affiliaites, members, officers, directors, employees, agents, attorneys or other persons acting or communicating on behalf of WOB Katy, LLC. G. “Document,” whether singular or plural, shall mean documents and other tangible things defined in the broadest sense, and shall include, without limitation: originals or, if such are not available, true copies of all letters, notes, memoranda, minutes of meetings or conversations, reports, evaluations, correspondence, intra— or inter-office communications or memoranda, agreements, contracts, bank statements, invoices, checks, journals, ledgers, telegraphs, telexes, telephone logs or records, handwritten notes, periodicals, pamphlets, computer or business machine printouts, files or programs, accountant’s work papers, accountant’s statements and writings, notations or records of meetings, medical records, books, papers, diaries, desk calendars, appointment books, promissory notes, leases, loan agreements, financing statements, deposit slips, advertising, articles of incorporation, bylaws, office manuals, employee manuals, company rules and regulations, reports of experts, drafts and copies of any of the foregoing, or such documents as are not an identical copy of an original or where such copy contains any commentary or notation whatsoever that does not appear on the original, tape recordings or other sound or Visual production materials, including audio or videotapes, and any other written matter, tangible or physical objects, however produced, or reproduced, such as electronic mail, upon which words or phrases are affixed and from which by appropriate transfixion such matter or tangible thing may be produced, that are in the possession, custody or control of the producing party or his or its agents, attorneys, or representatives. H. “Written Communication,” means the act of delivery or exchange of information or data between one person and another in writing, or an oral communication that was then reduced to writing (in a memorandum or notation, for example), and specifically includes the definition of “Document” above. This Definition specifically includes all forms of electronic messaging such as social media posts and messaging, electronic mail (e-mail) or text messages in the complete form as sent or received. I. A communication or document “regarding,” “relating” or “related” to any given subject means any communication or document that constitutes, contains, embodies, concerns, reflects, identifies, states, refers to, deals with, or is in any way pertinent to that subject, including, without limitation, documents concerning the preparation of other documents. J. Without limitation of the foregoing, “documents” shall include all documents that are created or maintained on paper or electronically (including, but not limited to, e—mails and text messages). K. If you object to part of any request and refuse to answer that part, state the objection, identify the part to which you object, and answer the remaining portion of the request. If you object to the scope or time period of any request, state the objection, identify the scope or time period to which you object, and answer the request for the scope or time period that you believe is appropriate. L. Unless otherwise established by the context, the plural shall be construed to include the singular, and the singular the plural. M. If any document is withheld under claim of privilege, attorneys’ work product or trial preparation materials, identify each such document in writing or before the due date of the answers to the document requests herein, together with the nature or description, date, subject matter and author of the document, as well as the identity of all persons to whom the document was directed, addressed or received, and the document request to which it corresponds. For each such document, state the basis for the claim of privilege, attorneys’ work-product, or trial preparation materials. N. In the event that any requested document or tangible thing is known to have existed and cannot now be located or has been destroyed or discarded, that document or tangible thing shall be identified by (i)the last known custodian, (ii) date of destruction or discard, (iii)the manner of destruction or discard, (iv) the reason(s) for destruction or discard, (V) as to lost or misplaced documents or tangible things, the efforts made to locate such documents or tangible things, (vi) a statement describing the document, including a smnmary of its contents, or the tangible thing, (Vii) the identity of the author(s) or creator(s), (viii) persons to whom it was sent or shown. PLEASE THOROUGHLY REVIEW THESE DEFINITIONS BEFORE RESPONDING TO THE REQUESTED PRODUCTION AS MANY OF THE TERMS ARE SPECIFICALLY DEFINED. Documents to be Produced This Subpoena is intended to cover all documents in PR II LaCenterra, LP’s possession or subject to its custody or control or in possession of or subject to the custody and control of PR II LaCenterra, LP’s officers, directors, employees, attorneys, agents or other representatives. 1. A complete copy of the lease agreement (together with all schedules, riders, addendums, exhibits, extensions, modifications, renewals, guarantees, etc.) executed by HBV and PR II LaCenterra, LP (or its predecessor in interest) for the commercial space located at 2643 Commercial Center Blvd Suite B390, Katy, TX 77494. 2. All Written Communications, including without limitation email communications, between HBV and PR II LaCenterra, LP between January 1,2020 and March 17, 2021. 3. A complete copy of any lease agreement (together with all schedules, riders, addendums, exhibits, extensions, modifications, renewals, guarantees, etc.) executed by WOB or WOB Katy, LLC and PR II LaCenterra, LP for the commercial space located at 2643 Commercial Center Blvd Suite B390, Katy, TX 77494. 4. All Written Communications, including without limitation email. communications, between WOB and PR II LaCenterra, LP between January 1, 2020 and March 17, 2021. 5. All Written Communications, including without limitation email communications, between WOB and PR II LaCenterra, LP which reference or relate to the negotiation of lease terms and closing date for execution of any lease agreement executed by WOB or WOB Katy, LLC for the commercial space located at 2643 Commercial Center Blvd Suite B390, Katy, TX 77494. 6. All Written Communications, including without limitation email communications, between WOB and PR II LaCenterra, LP which reference or relate to HBV or any dispute between HBV and WOB. 7. All Written Communications, including without limitation email communications, between WOB and PR II LaCenterra, LP which reference or relate to the assets and equipment located within the commercial space located at2643 Commercial Center Blvd Suite B390, Katy, TX 77494 as of November 16, 2020. 8. A11 Written Communications, including Without limitation email communications, between WOB Katy, LLC and PR II LaCenterra, LP between January l, 2020 and March l7, 2021. 9. All Written Communications, including Without limitation email communications, between WOB Katy, LLC and PR II LaCenterra, LP which reference or relate to HBV or any dispute between HBV and WOB. 10. All Written Communications, including without limitation email communications, between WOB Katy, LLC and PR II LaCenterra, LP which reference or relate to the negotiation of lease terms and closing date for execution of any lease agreement executed by WOB or WOB Katy, LLC for the commercial space located at 2643 Commercial Center Blvd Suite B390, Katy, TX 77494. ll. All Written Communications, including without limitation email communications, between WOB Katy, LLC and PR II LaCenterra, LP which reference or relate to the assets and equipment located within the commercial space located at 2643 Commercial Center Blvd Suite B390, Katy, TX 77494 as of November 16, 2020. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply m'th this subpoena by providing legible copies of the items to be produced to Claimant’s counsel, Rocke McLean Sbar, P.A. c/o Ian Parry, Esq., 2309 S. MacDill Ave., Tampa, Florida 33629 (iparry@rmslegal.com) (813-769-5600) 2 on or before the scheduled date of production, and thereby eliminate your appearance at the time and place specified above. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation of the copies. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to to Claimant’s counsel, Rocke McLean Sbar, P.A. c/o Ian Parry, Esq., 2309 S. MacDill Ave., Tampa, Florida 33629 (iparry@mislegal.com) (813-769-5600). If you fail to: (a) appear as specified; or (b) furnish the records instead of appearing as provided above; or (c) object to this Subpoena, YOU MAY BE IN CONTEMPT OF COURT. You are subpoenaed by the arbitrator whose name appears on this Subpoena and unless excused from this Subpoena by that arbitrator or a Court of competent jurisdiction, you shall appear as this subpoena directs. DATED on this day of 2022. CHAIRPERSON 2 Respondent’s counsel is Doug Knox, Esq. and may be contacted at Gray Robinson, PA, 401 East Jackson Street, Suite 2700, Tampa FL 33602 (Doug.Knox@grav-robinson.com) (813-273-5000). Automated Certificate of eService 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. Jason Wright on behalf of Jason Wright Bar No. 24063896 jason@jwrightlaw.com Envelope ID: 65259958 Status as of 6/10/2022 2:10 PM CST Associated Case Party: HOUSTON BEER VENTURES l,LLC Name BarNumber Email TimestampSubmitted Status Jason Wright jason@jwrightlaw.com 6/8/2022 3:57:14 PM SENT Ian Parry iparry@rmslegal.com 6/8/2022 3:57:14 PM SENT