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153-303659-18 FILED
TARRANT COUNTY
10/25/2018 4:21 PM
THOMAS A. WILDER
CAUSE NO. 153-303659-18 DISTRICT CLERK
§
ERICSON’S BICYCLES, INC., IN THE DISTRICT COURT
§
Plaintiff, §
§
v. § 153rd JUDICIAL DISTRICT
§
ROSEDALE LAND HOLDINGS, LLC, §
§
Defendant. § TARRANT COUNTY, TEXAS
RULE 11 AGREEMENT/JOINT STIPULATIONS OF FACT
1. The parties agree that this agreement is limited to the temporary injunction hearing set to
start on October 29, 2018 (the “Hearing”);
2. The parties agree that the documents labeled Exhibits 1-35 (the “Exhibits”) are
admissible for all purposes. The parties agree to jointly offer the Exhibits for admission
at the beginning of the Hearing. Plaintiff will be responsible for bringing 1 admissible
copy of the Exhibits to be admitted and become part of the Reporter’s Record.
3. The parties stipulate to the Court that Exhibit 7 was sent via certified mail on September
27, 2018 to the address stated in the letter and was received on September 29, 2018;
4. The parties stipulate to the Court that Exhibit 8 was sent via email by Pete Benenati,
Plaintiff’s counsel at that time, to Landlord, Rosedale Land Holdings, LLC on October 2,
2018.
5. The parties stipulate that the letter included in Exhibit 9 was emailed to Pete Benenati,
Plaintiff’s counsel at that time, on October 10, 2018, and was hand delivered via process
server to 5125 Granbury Road, Ft. Worth, TX 76133 on October 11, 2018;
6. The parties stipulate that, on October 11, 2018, the signed Subordination, Non-
Disturbance and Attornment Agreement, which is attached to Exhibits 10 and 11, was
sent via email by the Benenati Law Firm to Caleb Moore, Defendant’s counsel, and was
hand delivered to Rosedale Land Holdings, LLC, c/o Peter Lyden, Registered Agent, at
703A West Magnolia Street, Fort Worth, Texas 76104.
7. The parties stipulate that, on October 11, 2018, the Texas Secretary of State’s records
reflect that Rosedale Land Holding, LLC’s registered agent was Peter Lyden at 703A
West Magnolia Street, Fort Worth, Texas 76104.
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RULE 11 AGREEMENT/JOINT STIPULATIONS OF FACT – Page 1 of 3
Respectfully submitted,
LAW FIRM OF CALEB MOORE, PLLC
2205 Martin Drive, Suite 200
Bedford, TX 76021
Telephone: (817) 953-2420
Facsimile: (817) 581-2540
info@thedfwlawfirm.com
By:/s/ Caleb Moore
Caleb I. Moore
cmoore@thedfwlawfirm.com
Texas Bar No. 24067779
ATTORNEY FOR ROSEDALE LAND
HOLDINGS, LLC
/s/ Bobby M. Rubarts
Bobby M. Rubarts
State Bar No. 17360330
bobby.rubarts@koningrubarts.com
James T. Gage
State Bar No. 24085957
jt.gage@koningrubarts.com
KONING RUBARTS LLP
1700 Pacific Avenue, Suite 4500
Dallas, Texas 75201
Telephone: (214) 751-7900
Facsimile: (214) 751-7888
ATTORNEYS FOR ERICSON’S BICYCLES,
INC.
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RULE 11 AGREEMENT/JOINT STIPULATIONS OF FACT – Page 2 of 3
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing instrument was served upon the attorneys of
record of all parties to the above cause in accordance with the Texas Rules of Civil Procedure on
this 25th day of October 2018.
/s/ Bobby M. Rubarts
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RULE 11 AGREEMENT/JOINT STIPULATIONS OF FACT – Page 3 of 3
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153-303659-18 FILED TARRANT COUNTY 10/25/2018 4:21 PM THOMAS A. WILDER CAUSE NO. 153-303659-18 DISTRICT CLERK § ERICSON’S BICYCLES, INC., IN THE DISTRICT COURT § Plaintiff, § § v. § 153rd JUDICIAL DISTRICT § ROSEDALE LAND HOLDINGS, LLC, § § Defendant. § TARRANT COUNTY, TEXAS RULE 11 AGREEMENT/JOINT STIPULATIONS OF FACT 1. The parties agree that this agreement is limited to the temporary injunction hearing set to start on October 29, 2018 (the “Hearing”); 2. The parties agree that the documents labeled Exhibits 1-35 (the “Exhibits”) are admissible for all purposes. The parties agree to jointly offer the Exhibits for admission at the beginning of the Hearing. Plaintiff will be responsible for bringing 1 admissible copy of the Exhibits to be admitted and become part of the Reporter’s Record. 3. The parties stipulate to the Court that Exhibit 7 was sent via certified mail on September 27, 2018 to the address stated in the letter and was received on September 29, 2018; 4. The parties stipulate to the Court that Exhibit 8 was sent via email by Pete Benenati, Plaintiff’s counsel at that time, to Landlord, Rosedale Land Holdings, LLC on October 2, 2018. 5. The parties stipulate that the letter included in Exhibit 9 was emailed to Pete Benenati, Plaintiff’s counsel at that time, on October 10, 2018, and was hand delivered via process server to 5125 Granbury Road, Ft. Worth, TX 76133 on October 11, 2018; 6. The parties stipulate that, on October 11, 2018, the signed Subordination, Non- Disturbance and Attornment Agreement, which is attached to Exhibits 10 and 11, was sent via email by the Benenati Law Firm to Caleb Moore, Defendant’s counsel, and was hand delivered to Rosedale Land Holdings, LLC, c/o Peter Lyden, Registered Agent, at 703A West Magnolia Street, Fort Worth, Texas 76104. 7. The parties stipulate that, on October 11, 2018, the Texas Secretary of State’s records reflect that Rosedale Land Holding, LLC’s registered agent was Peter Lyden at 703A West Magnolia Street, Fort Worth, Texas 76104. {00015115.DOCX / 2} RULE 11 AGREEMENT/JOINT STIPULATIONS OF FACT – Page 1 of 3 Respectfully submitted, LAW FIRM OF CALEB MOORE, PLLC 2205 Martin Drive, Suite 200 Bedford, TX 76021 Telephone: (817) 953-2420 Facsimile: (817) 581-2540 info@thedfwlawfirm.com By:/s/ Caleb Moore Caleb I. Moore cmoore@thedfwlawfirm.com Texas Bar No. 24067779 ATTORNEY FOR ROSEDALE LAND HOLDINGS, LLC /s/ Bobby M. Rubarts Bobby M. Rubarts State Bar No. 17360330 bobby.rubarts@koningrubarts.com James T. Gage State Bar No. 24085957 jt.gage@koningrubarts.com KONING RUBARTS LLP 1700 Pacific Avenue, Suite 4500 Dallas, Texas 75201 Telephone: (214) 751-7900 Facsimile: (214) 751-7888 ATTORNEYS FOR ERICSON’S BICYCLES, INC. {00015115.DOCX / 2} RULE 11 AGREEMENT/JOINT STIPULATIONS OF FACT – Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause in accordance with the Texas Rules of Civil Procedure on this 25th day of October 2018. /s/ Bobby M. Rubarts {00015115.DOCX / 2} RULE 11 AGREEMENT/JOINT STIPULATIONS OF FACT – Page 3 of 3