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DALLAS-DC-20-19316-CLR-VOL001 pdf:
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Trial Court Cause No. DC-20-19316
Appellate Case No. 05-23-00243-CV
In the 298th District Court of Dallas County, Texas
Honorable EMILY TOBOLOWSKY Judge Presiding
FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC AND COREY WELP,
Appellant(s)
Vs,
ARISTA INVESTMENTS, LLC; ARISTA INVESTMENTS 401K TRUST; F. AARON
EDWARD; J. MARK EARLEY; AND BRIAN FOX, Appellee(s)
Appealed To The
Court Of Appeals For The 5™ District Of
Texas, At Dallas, Texas
Attorney for Appellant(s): * BECK REDDEN LLP
NAME: FIELDS ALEXANDER
ADDRESS: 1221 MCKINNEY STREET, SUITE 4500
HOUSTON, TEXAS 77010-2010
TELEPHONE NO.: (713) 951-3700
FAX NO.: N/A
E-MAIL ADDRESS: falexander@beckredden.com
SBOT NO.: 783528
ATTORNEY FOR: DEFENDANTS - FIFTEENFORTYSEVEN
CRITICAL SYSTEMS REALTY, LLC
AND COREY WELP
Delivered To The Court Of Appeals
For The 5? District Of Texas,
At Dallas, Texas
On the 16th day of March, 2023
FELICIA PITRE
DISTRICT CLERK
DALLAS COUNTY, TEXAS
By DANIEL MACIAS, Deputy District Clerk
DC-20-19316
IN THE DISTRICT COURT
ARISTA INVESTMENTS, LLC, ET
AL
OF
VS.
FIFTEENFORTYSEVEN CRITICAL
SYSTEMS REALTY, LLC, ET AL
DALLAS COUNTY, TEXAS
INDEX
Document File Date Page
COVER SHEET 03/16/2023 1-1
INDEX 03/16/2023 2-3
CAPTION 03/16/2023 4-4
DOCKET SHEET 03/16/2023 Seley
PLAINTIFFS' ORIGINAL PETITION 12/31/2020 18
- 39
DEFENDANTS 1547 CRITICAL SYSTEMS 02/19/2021 40-92
REALTY, LLC'S AND COREY WELP'S
ORIGINAL ANSWER
SUBJECT TO AND WITHOUT WAIVING THE 03/30/2021 93
- 96
NONRESIDENT DEFENDANTS' SPECIAL
APPEARANCE, DEFENDANTS U.S. DATA
CENTER PORTFOLIO MANAGER, LLC'S;
RAMLAND HOLDINGS II, LLC'S; AND 1
RAMLAND ROAD MANAGEMENT, LLC'S
ORIGINAL ANSWER
DEFENDANTS COREY WELP AND 03/30/2021 97
- 166
FIFTEENFORTYSEVEN CRITICAL SYSTEMS
REALTY, LLC'S MOTION TO DISMISS THIS
ACTION AND COMPEL ARBITRATION OR,
ALTERNATIVELY, MOTION TO STAY
THESE PROCEEDINGS
PLAINTIFFS' RESPONSE TO DEFENDANTS 05/04/2021 167
- 181
FIFTEENFORTYSEVEN CRITICAL SYSTEMS
REALTY AND COREY WELP'S MOTION TO
COMPEL ARBITRATION
DEFENDANTS COREY WELP AND 05/06/2021 182
- 217
FIFTEENFORTYSEVEN CRITICAL SYSTEMS
REALTY, LLC'S REPLY IN SUPPORT OF
THEIR MOTION TO DISMISS THIS ACTION
AND COMPEL ARBITRATION OR,
ALTERNATIVELY, MOTION TO STAY
THESE PROCEEDINGS
PLAINTIFFS' SECOND AMENDED PETITION 01/21/2022 218
- 246
PLAINTIFFS' FIRST SUPPLEMENTAL 04/20/2022 247 - 252
PETITION TO SECOND AMENDED
PETITION
ORDER DENYING MOTION TO DISMISS 02/28/2023 253 - 253
ACTION AND COMPEL ARBITRATION AND
MOTION TO STAY PROCEEDINGS
DEFENDANTS' NOTICE OF 03/14/2023 254 - 257
INTERLOCUTORY APPEAL
COST BILL 03/16/2023 258 - 258
CLERK'S CERTIFICATE 03/16/2023 259 - 259
THE STATE OF TEXAS
COUNTY OF DALLAS
In the 298th District Court of Dallas County, Texas, the Honorable EMILY
TOBOLOWSKY, Judge Presiding, the following proceedings were held and the following
instruments and other papers were filed in this cause, to wit:
Trial Court Cause No.: DC-20-19316
ARISTA INVESTMENTS, LLC, et al IN THE 298TH DISTRICT COURT
vs. OF
FIFTEENFORTYSEVEN CRITICAL DALLAS COUNTY, TEXAS
SYSTEMS REALTY, LLC, et al
Docker SHEET
DOCKET SHEET
CASE No. DC-20-19316
ARISTA INVESTMENTS, LLC, et al § Location: 298th District Court
YS. 8 Judicial Officer: TOBGLOWSKY, EMILY
FIFTEENFORTYSEVEN CRITICAL SYSTEMS 8 Filed on: 12/31/2020
REALTY, LLC, et al §
Case INFORMATION
Case Type: CNTR CNSMR COM DEBT
PARTY INFORMATION
Lead Attorneys
PLAINTIFF ARISTA INVESTMENTS 401K TRUST CULHAM, DOROTHY
ABZANKA
Retained
214-550-8188(W)
ARISTA INVESTMENTS, LLC CULHAM, DOROTHY
ABZANKA
Retained
214-550-8188(W)
EARLEY, J. MARK CULHAM, DOROTHY
ABZANKA
Retained
214-550-8188(W)
EDWARDS, F. AARON CULHAM, DOROTHY
ABZANKA
Retained
214-550-8188(W)
FOX, BRIAN CULHAM, DOROTHY
ABZANKA
Retained
214-550-8188(W)
DEFENDANT 1 RAMLAND ROAD MANAGEMENT, LLC ALEXANDER, FIELDS
Retained
713-951-3700(W)
FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC ALEXANDER, FIELDS
Retained
713-951-3700(W)
RAMLAND HOLDINGS II, LLC ALEXANDER, FIELDS
Retained
713-951-3700(W)
U.S. DATA CENTER PORTFOLIO MANAGER, LLC ALEXANDER, FIELDS
Retained
713-951-3700(W)
WELP, COREY ALEXANDER, FIELDS
Retained
713-951-3700(W)
DATE EVENTS & ORDERS OF THE COURT INDEX:
12/31/2020 NEW CASE FILED (OCA) - CIVIL
12/31/2020 Bl oriGinat Petition
12/31/2020 BA cASE FILING COVER SHEET
PAGE 1 OF 13, Printed on 03/16/2023 at 9:28 AM
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DOCKET SHEET
CASE NO. DC-20-19316
12/31/2020 @issue crravion
12/31/2020 Bury DEMAND
Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA
INVESTMENTS 401K TRUST: PLAINTIFF EDWARDS, F. AARON; PLAINTIFF
EARLEY, J. MARK; PLAINTIFF FOX, BRIAN
01/06/2021 CITATION
B FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC
Served: 01/13/2021
FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC
01/06/2021 CITATION
WELP, COREY
Served: 01/13/2021
COREY WELP
01/06/2021 CITATION
Ba U.S. DATA CENTER PORTFOLIO MANAGER, LLC
Server 01/22/2021
U.S. DATA CENTER PORTFOLIO MANAGER, LLC
01/06/2021 CITATION
)RAMLAND HOLDINGS 11, LLC
Served: 01/22/2021
RAMLAND HOLDINGS If, LLC
01/06/2021 CITATION
| RAMLAND ROAD MANAGEMENT, LLC
Served: 01/22/2021
i RAMLAND ROAD MANAGEMENT, LLC
01/14/2021 BReTuRN OF SERVICE
EXECUTED CITATION - FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC
01/14/2021 RETURN OF SERVICE
EXECUTED CITATION - COREY WELP
02/03/2021 Braue Wl
02/04/2021 Blreturn oF service
EXECUTED CITATION: RAMLAND HOLDINGS If, LEC
(2542021 ‘BlReTuRN oF service
EXECUTED CITATION: | RAMLAND ROAD MANAGEMENT, LLC
027082021 a RETURN OF SERVICE
EXECUTED CITATION: U.S. DATA CENTER PORTFOLIO MANAGER, LLC
02/19/2021 8 ORIGINAL ANSWER - GENERAL DENIAL
Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC
02/19/2021 B SPECIAL APPEARANCE
PAGE 2 OF 13 Printed on 03/16/2023 at 9:28 AM
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DOCKET SHEET
CASE NO. DC-20-19316
DEFENDANTS
2/23/2021 B NON-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED SPECIAL APPEARANCE
03/01/2021 Q CANCELED Final Disposition Hearing (9:00 AM) (Judicial Officer: TOBOLOWSKY,
EMILY)
BY COURT ADMINISTRATOR
03/09/2021 I VACATION LETTER
Party: ATTORNEY GAUBERT, MICHAEL LEWIS
03/09/2021 A srectaL APPEARANCE
IST AMENDED/U S DATA CENTER PORTFOLIO MANAGER LLC/RAMLAND HOLDINGS
H/t RAMLAND ROAD MANAGEMENT LLC
03/09/2021 B NON-SIGNED PROPOSED ORDER/JUDGMENT
AMENDED SPECIAL APPEAR/U S DATA CENTER PORTFOLIO/RAMLAND HOLDINGS
U/l RAMLAND MANAGEMENT
03/10/2021 ® NOTICE OF HEARING / FIAT
ON NONRESIDENT DEFENDANTS’ AMENDED SPECIAL APPEARANCE
13/12/2021 orice oF HEARING / FIAT
AMENDED SPECIAL APPEREANCE
03/18/2021 ‘Bl morion - compen
Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA
INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F, AARON; PLAINTIFF
EARLEY,J. MARK; PLAINTIFF FOX, BRIAN
03/18/2021 a NON-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER TO COMPEL
03/18/2021 A NOTICE OF HEARING / FIAT
MOTION TO COMPEL
03/18/2021 a MOTION - CONTINUANCE
Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA
INVESTMENTS 401K TRUST
03/18/2021 A NON-SIGNED PROPOSED ORDER/JUDGMENT
ORDER CONTINUING HEARING ON SPECIAL APPEARANCE
ORDER CONTINUING HEARING ON SPECIAL APPEARANCE
03/19/2021 Borice OF HEARING / FIAT
MOTION FOR CONTINUANCE- MOTION TO COMPEL
03/19/2021 Ba NOTICE OF HEARING / FIAT
MOTION TO COMPEL
03/19/2021 Bo NOTICE OF HEARING / FIAT
NOTICE OF HEARING (AMENEDD) ON DEF/SPECIAL APPEARANCE
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DOCKET SHEET
CASE NO. DC-20-19316
03/25/2021 Q) CANCELED Motion - Continuance (9:00 AM) (Judicial Officer; TOROLOWSKY,
EMILY)
REQUESTED BY ATTORNEY/PRO SE
TELEPHONIC - EMERGENCY MOTION BY ROBERT 214-550-8209
03/26/2021 Q) CANCELED Special Appearance (2:00 PM) (Judicial Officer: TOBOLOWSKY, EMILY)
HEARING RESCHEDULED
ASHLEY MCCRARY (CELL 254-749-8803) JOMIN DEF'S/ IST AMENDED SPCL
APPEARANCE FILED 3/9/21 **TELEPHONIC**
03/30/2021 ‘Bloricat ANSWER - GENERAL DENIAL
Party: DEFENDANT U.S. DATA CENTER PORTFOLIO MANAGER,
LLC; DEFENDANT RAMLAND HOLDINGS II, LLC: DEFENDANT 1 RAMLAND
ROAD MANAGEMENT, LLC
03/30/2021 ‘El morio - pismiss
Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY,
LLC; DEFENDANT WELP, COREY
03/30/2021 A SPECIAL APPEARANCE
04/02/2021 a CANCELED Special Appearance (10:30 AM) (Judicial Officer: TOBOLOWSKY,
EMILY)
REQUESTED BY ATTORNEY/PRO SE
RE-SET W/AMY PARKER (713-951-6234) 30MIN DEF/IST AMENDED SPCL
APPEARANCE FILED 3/9/21 **TELEPHONIC**
04/02/2021 Q CANCELED Special Appearance (2:30 PM) (Judicial Officer: TOBOLOWSKY, EMILY)
REQUESTED BY ATTORNEY/PRO SE
AMY 713-951-6234
04/02/2021 a CANCELED Motion - Compel (4:00 PM) (Judicial Officer; TOBOLOWSKY, EMILY)
REQUESTED BY ATTORNEY/PRO SE
30MINS SET BY BOB 214-550-8209
04/02/2021 BINon-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER GRANTING MOTION TO DISMISS THIS ACTION AND COMPEL
ARBITRATION BY DEFENDANTS COREY WELP AND FIFTEENFORTYSEVEN CRITICAL
SYSTEMSREALTY,LLC
04/05/2021 @ VACATION LETTER
Party: ATTORNEY ARNETT, JAMES ROBERT, Il
04/05/2021 B NOTICE OF HEARING / FIAT
MOTION TO DISMISS
04/06/2021 &l VACATION LETTER
Party: ATTORNEY ALEXANDER, FIELDS
04/06/2021 Response
NONRESIDENT DEFENDANTS' RESPONSE TO PLAINTIFFS’ EMERGENCY MOTION
FOR CONTINUANCE AND MOTION TO COMPEL DEPOSITIONS OF COREYWELPAND
TODDRAYMOND IN CONNECTION WITH SPECIAL APPEARANCE
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DOCKET SHEET
CASE NO. DC-20-19316
04/07/2021 BD AMENDED PETITION
Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA
INVESTMENTS 401K TRUST: PLAINTIFF EDWARDS. F. AARON: PLAINTIFF
EARLEY,J. MARK; PLAINTIFF FOX, BRIAN
04/08/2021 response
EMEREGENCY MOTION FOR CONTINUANCE AND MOTION TO COMPEL DEPOSITIO!
04/09/2021 2 Motion - Continuance (2:30 PM) (Judicial Officer: TOBOLOWSKY, EMILY)
Events: 03/18/2021 MOTION - COMPEL
03/18/2021 NON-SIGNED PROPOSED ORDER/JUDGMENT
03/18/2021 MOTION - CONTINUANCE
03/18/2021 NON-SIGNED PROPOSED ORDER/JUDGMENT
TELEPHONIC SET BY ROBERT 214-550-8209
04/14/2021 a CANCELED Special Appearance (8:30 AM) (Judicial Officer: TOBOLOWSKY, EMILY)
REQUESTED BY ATTORNEY/PRO SE
TELEPHONIC SET BY AMY 713-951-6234
04/16/2021 ‘Blnotice oF APPEARANCE
Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY,
LLC; DEFENDANT WELP, COREY; DEFENDANT U.S. DATA CENTER PORTFOLIO
MANAGER, LLC; DEFENDANT RAMLAND HOLDINGS H, LLC; DEFENDANT |
RAMLAND ROAD MANAGEMENT, LLC
04/16/2021 Ba NON-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER GRANTING PLAINTIFFS' MOTION FOR ORDER
TO SHOW CAUSE AND FOR CONTEMPT
04/16/2021 ‘Blmorion - contempt
PLAINTIFF
04/16/2021 ‘Bl motion - sHow cause
Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA
INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F. AARON; PLAINTIFF
EARLEY, J. MARK; PLAINTIFF FOX, BRIAN
05/04/2021 ‘Plresponse
PLAINTIFFS' RESPONSE TO DEFENDANTS FIFTEENFORTYSEVEN CRITICAL SYSTEMS}
REALTY AND COREY WELP'S MOTION TO COMPEL ARBITRATION
05/06/2021 BI Notice oF APPEARANCE
Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY,
LLC; DEFENDANT WELP, COREY; DEFENDANT U.S. DATA CENTER PORTFOLIO
MANAGER, LLC: DEFENDANT RAMLAND HOLDINGS I, LLC; DEFENDANT 1
RAMLAND ROAD MANAGEMENT. LLC
05/06/2021 ‘Blresponse
DEFENDANTS COREY WELP AND FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY,
LLC'S REPLY IN SUPPORT OF THEIR MOTION TO DISMISS THIS ACTION AND
COMPEL ARBITRATION OR. ALTERNATIVELY, MOTION TO STAY THESE
PROCEEDINGS
05/07/2021 &) Motion - Dismiss (1:30 PM) (Judicial Officer; TOBOLOWSKY, EMILY)
Events: 03/30/2021 MOTION - DISMISS
**TELEPHONIC*DF/MTN DISMISS FILED 03/30/21 ASHLEE MCCRARY 254-749-8803
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DOCKET SHEET
CASE NO. DC-20-19316
05/07/2021 ea NON-SIGNED PROPOSED ORDER/JUDGMENT
ORDER DENYING MOTION TO DISMISS ACTION AND COMPEL ARBITRATION AND
MOTION TO STAY PROCEEDINGS
05/17/2021 Bl orion - comPet
Party: PLAINTIFF ARISTA INVESTMENTS, LLC: PLAINTIFF ARISTA
INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F. AARON; PLAINTIFF
EARLEY. J. MARK
5/18/2021 ‘BI NOoN-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED COMPEL
05/20/2021 notice oF HEARING / FIAT
06/01/2021 a RESPONSE
TO PLAINTIFF MOTION TO COMPEL
06/03/2021 2 NOTICE OF HEARING / FIAT
NOTICE OF CANCELLATION OF HEARING
06/04/2021 Q CANCELED Motion - Compel (10:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY)
REQUESTED BY ATTORNEY/PRO SE
SET
BY BOB ARNETT 214-550-8209, PHONE CALL IN TO THE COURT,
06/11/2021 (8) VACATION LETTER
Party: ATTORNEY ARNETT, JAMES ROBERT, I
06/29/2021 (BI VACATION LETTER
Party; ATTORNEY GAUBERT, MICHAEL LEWIS
06/30/2021 Bimotion - sckeputnc orper
JOINT MOTION FOR AGREED SCHEDULING ORDER
07/27/2021 a MOTION - PROTECT
Party: DEFENDANT WELP, COREY: DEFENDANT U.S. DATA CENTER PORTFOLIO}
MANAGER, LLC; DEFENDANT RAMLAND HOLDINGS I, LLC; DEFENDANT 1
RAMLAND ROAD MANAGEMENT, LLC
JOINT MOTION
08/11/2021 Breve MW
AGREEMENTS
10/04/2021 El certiricATE OF DEPOSITION
COREY WELP
10/04/2021 BA ceRTIFICATE OF DEPOSITION
Todd Raymond - Reporter Certificate
10/08/2021 B CERTIFICATE OF DEPOSITION
COREY WELP
10/18/2021
PAGE 4 OF 13 Printed on 03/16/2023 at 9:28 AM
Docket SHEET
DOCKET SHEET
CASE NO. DC-20-19316
Bisreciat APPEARANCE
U.S. DATA CENTER PORTFOLIO MANAGER, LLC;
RAMLAND HOLDINGS tl, LLC; AND 1 RAMLAND ROAD MANAGEMENT, LLC'S
SECOND AMENDED SPECIAL APPEARANCE
10/20/2021 B NON-SIGNED PROPOSED ORDER/JUDGMENT
GRANTING SECOND AMENDED SPECIAL APPEARANCE
10/27/2021 Binotice OF HEARING / FIAT
RE: SECOND AMENDED SPECIAL APPEARANCE
Vol/Book 0,
11/23/2021 ‘Plorper - prorect Page 0, 10 pages
/CONDENTIALITY
Vol./Book 0,
11/23/2021 TAscHeDutinc orDER Page 0, 3 pages
AGREED
11/30/2021 levies
RULE 11 AGREEMENT
12/03/2021 ENotice OF APPEARANCE
12/09/2021 VACATION LETTER
Party: ATTORNEY GAUBERT, MICHAEL LEWIS
01/10/2022 @ CANCELED Sury Trial - Civil (9:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY)
BY COURT ADMINISTRATOR
01/13/2022 B SPECIAL APPEARANCE
THIRD AMENDED
01/13/2022 a NON-SIGNED PROPOSED ORDER/JUDGMENT
GRANTING THIRD AMENDED SPECIAL APPEARANCE
01/13/2022 ‘Bl notice oF HEARING / FIAT
THIRD AMENDED SPECIAL APPEARANCE
01/21/2022 B CERTIFICATE OF DEPOSITION
BRIAN N. FOX”
01/21/2022 a AMENDED PETITION
Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA.
INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F. AARON: PLAINTIFF
EARLEY, J. MARK; PLAINTIFF FOX, BRIAN
SECOND AMENDED
01/21/2022 El ceRTIFICATE OF DEPOSITION
FREDERICK AARON EDWARDS
1/21/2022 a CERTIFICATE OF DEPOSITION
JOHN MARK EARLEY
PAGE 7 OF 13 Printed on 03/16/2023 at 9:28 AM
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CASE NO. DC-20-19316
01/21/2022 B MOTION - LEAVE
Party: DEFENDANT U.S. DATA CENTER PORTFOLIO MANAGER,
LLC; DEFENDANT RAMLAND HOLDINGS II, LLC; DEFENDANT | RAMLAND
ROAD MANAGEMENT. LLC
TO EXCEED PAGE LIMIT
01/21/2022 B NON-SIGNED PROPOSED ORDER/JUDGMENT
GRANTING MOTION FOR LEAVE
1/21/2022 ‘El orion - LEAVE
Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA
INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F. AARON; PLAINTIFF
EARLEY, J. MARK; PLAINTIFF FOX, BRIAN
TO ENLARGE PAGE COUNT LIMITATIONS - UNOPPOSED
01/21/2022 Blresronse
PLAINTIFFS' RESPONSE IN OPPOSITION TO THIRD AMENDED
SPECIAL APPEARANCE OF DEFENDANTS U.S, DATA CENTER
PORTFOLIO MANAGER, LLC; RAMLAND HOLDINGS I, LLC;
AND I RAMLAND ROAD MANAGEMENT, LLC
01/21/2022 a CORRESPONDENCE ~ LETTER TO FILE
ADDITIONAL DOCUMENTS FOR PLS‘ RESP IN OPPOSITION TO 3RD AMENDED
SPECIAL APPERANCE OF DEFENDANTS
01/21/2022 oe NON-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER TO ENLARGE PAGE COUNT LIMITATIONS - UNOPPOSED
1/21/2022 ‘BI Non-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER DENYING SPECIAL APPEARANCE
01/27/2022 a CANCELED Special Appearance (9:30 AM) (Judicial Ofticer; TOBOLOWSKY, EMILY)
REQUESTED BY ATTORNEY/PRO SE
VIA CONFERENCE CALL * SET BY ASHLEY M. 254-749-8803
02/01/2022 {Bl VACATION LETTER
Party: ATTORNEY GAUBERT, MICHAEL LEWIS
02/15/2022 ‘Blorion - LEAVE
Party: DEFENDANT U.S. DATA CENTER PORTFOLIO MANAGER,
LLC; DEFENDANT RAMLAND HOLDINGS II, LLC; DEFENDANT 1 RAMLAND
ROAD MANAGEMENT, LLC
UNOPPOSED MOTION
02/15/2022 o NON-SIGNED PROPOSED ORDER/JUDGMENT
GRANTING MOTION FOR LEAVE
02/16/2022 o SPECIAL APPEARANCE
4TH AMENDED
02/16/2022 a NON-SIGNED PROPOSED ORDER/JUDGMENT
4TH AMENDED SPECIAL APPEARANCE
02/18/2022 BINotice OF HEARING / FIAT
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DOCKET SHEET
CASE NO. DC-20-19316
SPECIAL APPEREANCE
02/21/2022 ‘Elmiscencanous EVENT
NOTICE OF SUBPOENA DUCES TECUM TO CIM GROUP, L.P.
02/21/2022 Elmisce.canous EVENT
SUBPOENA DUCES TECUM
02/25/2022 ‘El miscettanous EVENT
Party: PLAINTIFF ARISTA INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F,
AARON: PLAINTIFF EARLEY, J. MARK; PLAINTIFF FOX, BRIAN
NOT SUB DUCES TECUM-HARRISON STREET REAL ESTATE CAPITAL LLC
03/03/2022 ‘El moron - quasH
Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY,
LLC; DEFENDANT WELP, COREY; DEFENDANT U.S. DATA CENTER PORTFOLIO
MANAGER, LLC; DEFENDANT RAMLAND HOLDINGS Il, LLC; DEFENDANT 1
RAMLAND ROAD MANAGEMENT, LLC
DEFENDANTS‘ MOTION TO QUASH AND FOR PROTECTIVE ORDER
REGARDING THIRD-PARTY SUBPOENAS DUCES TECUM DIRECTED TO
CIM GROUP. L.P. AND HARRISON STREET REAL ESTATE CAPITAL, LLC
03/03/2022 B NON-SIGNED PROPOSED ORDER/JUDGMENT
ORDER GRANTING DEFENDANT'S MOTION TO QUASI AND FOR PROTECTION
03/03/2022 8 MOTION - LEAVE
Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY,
LLC; DEFENDANT WELP, COREY; DEFENDANT U.S. DATA CENTER PORTFOLIO
MANAGER, LLC; DEFENDANT RAMLAND HOLDINGS 1, LLC; DEFENDANT 1}
RAMLAND ROAD MANAGEMENT, LLC
TO EXCEED PAGE LIMITS
03/03/2022 ‘BINon-sinep PROPOSED ORDERJUDGMENT
FOR LEAVE TO EXCEED PAGE LIMITS
03/09/2022 ‘Bl notice oF HEARING / FIAT
MOTION TO QUASH
03/09/2022 Blreturn OF SERVICE
EXECUTED ATTORNEY ISSUED SUBPOENA - HARRISON STREET REAL ESTATE
CAPITAL, LLC
03/09/2022 Ba RETURN OF SERVICE
EXECUTED ATTORNEY ISSUED SUBPOENA - CIM GROUP LP
03/10/2022 a NOTICE OF HEARING / FIAT
AMENDED - 04/15/22 11:00 MOTION QUASH & PROTECT
03/23/2022 ‘Bnorice OF APPEARANCE
[effrey M. Tillotson}
04/01/2022 =e MOTION - MISCELLANOUS
Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA
INVESTMENTS 401K TRUST: PLAINTIFF EDWARDS, F. AARON; PLAINTIFF
EARLEY,J. MARK; PLAINTIFF FOX, BRLAN
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DOCKET SHEET
CASE NO. DC-20-19316
04/01/2022 @ NON-SIGNED PROPOSED ORDER/JUDGMENT
ORDER GRANTING MOTION TO ENLARGE PAGE COUNT LIMITATIONS,
04/01/2022 a NOTICE OF HEARING / FIAT
MOTION-PROTECT
04/01/2022 Blosiection
TO THE DECLARATIONS OF COREY WELP &.J. TODD RAYMOND IN SUPPORT OF 4TH|
SPECIAL APPEARANCE
04/01/2022 Blosiection
TO FOURTH AMENDED SPECIAL APPEARANCE
04/01/2022 B NON-SIGNED PROPOSED ORDER/JUDGMENT
ORDER DENYING 4TH AMENDED SPECIAL APPEARANCE
04/01/2022 ‘El corresPONDENCE - LETTER TO FILE
TO 4TH AMENDED SPECIAL APPEARANCE PT.2
04/06/2022 Pl response
RESPONSE TO PLAINTIFFS OBJECTIONS TO DECLARATIONS OF WELP & RAYMOND
04/07/2022 (8) RESPONSE
PLAINTIFFS! REPLY TO NONRESIDENT DEFENDANTS’ RESPONSE
TO PLAINTIFFS‘ OBJECTIONS TO THE DECLARATIONS OF
COREY WELP AND J. TODD RAYMOND
04/08/2022 Q Special Appearance (9:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY)
Events: 02/16/2022 SPECIAL APPEARANCE
02/16/2022 NON-SIGNED PROPOSED ORDER/JUDGMENT
04/01/2022 OBJECTION
04/01/2022 OBJECTION
04/01/2022 NON-SIGNED PROPOSED ORDER/JUDGMENT
04/01/2022 CORRESPONDENCE - LETTER TO FILE
04/06/2022 RESPONSE
30 MINS SET BY ASHLEE 254-749-8803 VIA TELECONFERENCE
04/08/2022 B NOTICE OF HEARING / FIAT
SPECIAL APPEREANCE
04/11/2022 MOTION HEARING (10:30 AM) (Judicial Officer: TOBOLOWSKY, EMILY)
THIS IS A CONTINUANCE FROM FRIDAY 4/8/2022
04/11/2022 &I NoN-SIGNED PROPOSED ORDER/JUDGMENT
PROPOSED ORDER GRANTING FOURTH AMENDED SPECIAL APPEARANCE
BY U.S. DATA CENTER PORTFOLIO MANAGER, LLC; RAMLAND
HOLDINGS 1, LLC; AND I RAMLAND ROAD MANAGEMENT. LLC
04/15/2022 a CANCELED Motion - Quash (11:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY)
REQUESTED BY JUDGE
VIA CONFERENCE CALL * ASHELY 713-951-6211
04/15/2022 B AMENDED ANSWER - AMENDED GENERAL DENIAL
Party: DEFENDANT U.S. DATA CENTER PORTFOLIO MANAGER,
PAGE 10 OF 13 Printed on 03/16/2023 at 9:28 AM
Docker SHEET
DOCKET SHEET
CASE NO. DC-20-19316
LLC, DEFENDANT RAMLAND HOLDINGS II, LLC; DEFENDANT 1 RAMLAND
ROAD MANAGEMENT, LLC
IST
04/15/2022 a AMENDED ANSWER - AMENDED GENERAL DENIAL
Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY,
LLC; DEFENDANT WELP, COREY
04/18/2022 A OBJECTION
TO MOTION TO QUASH & FOR PROTECTIVE ORDER
04/18/2022 a NON-SIGNED PROPOSED ORDER/JUDGMENT
ORDER DENYING MOTION TO QUASH
04/20/2022 &) Motion - Protect (11:00 AM) (Judicial Officer: TOROLOWSKY, EMILY)
Events: 03/03/2022 MOTION - QUASH
03/03/2022 NON-SIGNED PROPOSED ORDER/JUDGMENT
04/18/2022 OBJECTION
18/2022 NON-SIGNED PROPOSED ORDER/JUDGMENT
SET BY ASHLEE 254-749-8803 VIA CONFERENCE CALL 30M
04/20/2022 A AMENDED PETITION
Party: PLAINTIFF ARISTA INVESTMENTS, LLC, PLAINTIFF ARISTA
INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F, AARON; PLAINTIFF
EARLEY,J. MARK; PLAINTIFF FOX, BRIAN
IST SUPPLEMENTAL TO 2ND AMENDED PETITION
04/25/2022 Beuen
05/17/2022 Bi VacaTION LETTER
Party: ATTORNEY GAUBERT, MICHAEL LEWIS
05/18/202: §) VACATION LETTER
Party: ATTORNEY ALEXANDER, FIELDS
05/19/2022 Beue WW
RE: EXPERT DISCOVERY
06/07/2022 VACATION LETTER
Party: ATTORNEY GAUBERT, MICHAEL LEWIS
06/17/2022 (Al VACATION LETTER
Party; ATTORNEY CULHAM, DOROTHY ABZANKA
07/11/2022 a CANCELED Sury Trial - Civil (9:00 AM) (Judicial Officer: TOBGLOWSKY, EMILY)
BY COURT ADMINISTRATOR
12/12/2022 ‘Bimotion - compet
12/12/2022 Binon-sianep PROPOSED ORDER/JUDGMENT
COMPEL
12/13/2022 BI otice oF HEARING / FIAT
PAGE 11 OF 13 Printed on 03/16/2023 at 9:28 AM
Docker SHEET
DOCKET SHEET
CASE No. DC-20-19316
COMPEL
01/17/2023 lresponse
TO MOTION TO COMPEL
01/19/2023 6 NON-SIGNED PROPOSED ORDER/JUDGMENT
DISMISS
01/19/2023 o NON-SIGNED PROPOSED ORDER/JUDGMENT
COMPEL
01/20/2023 Motion - Compel (1:30 PM) (Judicial Officer: TOBOLOWSKY,. EMILY)
Events; 12/12/2022 MOTION - COMPEL
2/12/2022 NON-SIGNED PROPOSED ORDER/JUDGMENT
CONFERENCE CALL * SET BY PLAINTIFF
01/23/2023 BI Non-SIGNED PROPOSED ORDER/JUDGMENT
DISMISS
1/23/2023 ENon-SIGNED PROPOSED ORDER/JUDGMENT
ORDER DENYING PLAINTIFFS’ MOTION TO COMPEL MEDIATION
01/23/2023 ‘E)Non-sIGNED PROPOSED ORDER/JUDGMENT
ORDER GRANTING FOURTH AMENDED SPECIAL APPEARANCE
BY U.S. DATA CENTER PORTFOLIO MANAGER, LLC; RAMLAND
HOLDINGS H, LLC; AND | RAMLAND ROAD MANAGEMENT. LLC
Vol,/Book 0,
02/28/2023 ‘Blorper - Deny Page 0, I pages
MOTION TO DISMISS ACTION AND COMPEL
ARBITRATION AND MOTION TO STAY PROCEEDINGS
03/14/2023 A NOTICE OF APPEAL - CT, OF APPEALS
DEFENDANTS-DESIGNATION REQUESTED AT TIME OF ACCEPTANCE BY 12PM
3/15/2023
03/16/2023 NOTE - CLERKS
05-23-(10243-CV PREPARING CLERK'S RECORD
03/20/2023 a Jury Trial - Civil (9:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY)
Datt FINANCIAL INFORMAL LON
PLAINTIFF ARISTA INVESTMENTS, LLC
Total Charges 462.00
Total Payments and Credits 462.00
Balance Due as of 03/16/2023 0.00
12/31/2020 Charge PLAINTIFF ARISTA. 372.00
INVESTMENTS, LLC
12/31/2020 CREDIT CARD - Receipt # 81456-2020-DCLK PLAINTIFF ARISTA. (372.00)
TEXFILE (DC) INVESTMENTS, LLC
04/21/2021 Charge PLAINTIFF ARISTA. 90.00
INVESTMENTS, LLC
04/21/2021 CREDIT CARD- Receipt # 24295-2021-DCLK PLAINTIFF ARISTA (90.00)
TEXFILE {DC} INVESTMENTS, LLC
04/21/2021 Charge PLAINTIFF ARISTA 75.00
INVESTMENTS, LLC
/21/2021 CREDIT CARD - Receipt # 24437-2021-DCLK PLAINTIFF ARISTA (75.00)
PAGE 12 OF 13 Printed an 03/16/2123 at 9:28 AM
Docket SHEET
DOCKET SHEET
CASE NO. DC-20-19316
TEXFILE (DC) INVESTMENTS, LLC
04/21/2021 Adjustment PLAINTIFF ARISTA (75.00)
INVESTMENTS, LLC
04/21/2021 Adjustment PLAINTIFF ARISTA. 75.00
INVESTMENTS, LLC
PAGE
13 OF 13 Printed an 03/16/2023 at 9:28 AM
FILED
5 CIT- ESERVE (JURY DEMAND) 12/31/2020 12:47 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
JAVIER HERNANDEZ DEPUTY
DC-20-19316
CAUSE NO.
ARISTA INVESTMENTS, LLC; IN THE DISTRICT COURT
ARISTA INVESTMENTS 401K TRUST;
F. AARON EDWARDS; J. MARK
EARLEY; and BRIAN FOX,
Plaintiffs,
Vv.
DALLAS COUNTY, TEXAS
FIFTEENFORTYSEVEN CRITICAL
SYSTEMS REALTY, LLC; COREY WELP;
U.S. DATA CENTER PORTFOLIO
MANAGER, LLC; RAMLAND
HOLDINGS IL, LLC; and 1 RAMLAND
ROAD MANAGEMENT, LLC,
Defendants. JUDICIAL DISTRICT
PLAINTIFFS’ ORIGINAL PETITION
TO THE PRESIDING JUDGE OF
THE ABOVE-ENTITLED COURT:
Plaintiffs Arista Investments, LLC, Arista Investments 401k Trust, F. Aaron
Edwards, J. Mark Earley, and Brian Fox file their original petition against Defendants
fifteenfortyseven Critical Systems Realty, LLC; Corey Welp; U.S. Data Center Portfolio
Manager, LLC; Ramland Holdings II, LLC; and 1 Ramland Road Management, LLC, and
would respectfully show the Court as follows:
I
DISCOVERY CONTROL PLAN
1 Plaintiffs intend to conduct discovery under Level 3, pursuant to Texas Rule
of Civil Procedure 190.4.
PLAINTIFFS’ ORIGINAL PETITION PacEt
2. As required by Texas Rule of Civil Procedure 47, Plaintiffs allege monetary
damages over $1,000,000. The damages sought are within the jurisdictional limits of this
Court.
I,
PARTIES
3. Plaintiff Arista Investments, LLC (“Arista”), is a limited liability company
organized and existing under the laws of the State of Texas with its principal place of
business in Tarrant County, Texas.
4 Plaintiff Arista Investments 401k Trust (“Arista Trust”) is a trust organized
and existing under the laws of the State of Texas with its principal place of business in
Tarrant County, Texas.
5 Plaintiff F. Aaron Edwards (“Edwards”) is an individual who resides in
Tarrant County, Texas.
6 Plaintiff J. Mark Earley (“Earley”) is an individual who resides in Dallas
County, Texas.
7 Plaintiff Brian Fox (“Fox”) is an individual who resides in Tarrant County,
Texas.
8. Defendant fifteenfortyseven Critical Realty Systems, LLC (“1547 CRS”) is a
limited liability company organized and existing under the laws of the State of Delaware
with its principal place of business in Matawan, New Jersey, and may be served with
service of process at its principal office in Texas located at 8111 LBJ Freeway, Suite 810,
Dallas, Texas 75251, through Corey Welp or any other managing agent at such location.
PLAINTIFFS’ ORIGINAL PETITION PAGE2,
9. Defendant Corey Welp (’Welp”) is an individual who resides in Dallas
County, Texas, and may be served with service of process at his place of residence, 3129
Stanford Avenue, Dallas, Texas 75225, or at his principal place of business, at 8111 LBJ
Freeway, Suite 810, Dallas, Texas 75251.
10. Defendant U.S. Data Center Portfolio Manager, LLC (“Portfolio Manager”),
is a limited liability company organized and existing under the laws of the State of
Delaware, with its principal place of busines in Matawan, New Jersey, and may be served
with service of process through its registered agent, Corporation Service Company, 251
Little Falls Drive, Wilmington, Delaware 19808.
11. Defendant Ramland Holdings II, LLC (“Holdings II”), is a limited liability
company organized and existing under the laws of the State of Delaware, with its
principal place of business in Matawan, New Jersey, and may be served with service of
process through its registered agent, Corporation Service Company, 251 Little Falls
Drive, Wilmington, Delaware 19808.
12. Defendant 1 Ramland Road Management, LLC (“Ramland Management”),
is a limited liability company organized and existing under the laws of the State of
Delaware, with its principal place of business in Matawan, New Jersey, and may be
served with service of process through its registered agent, Corporation Service
Company, 251 Little Falls Drive, Wilmington, Delaware 19808.
PLAINTIFFS’ ORIGINAL PETITION PAGE3
Il.
JURISDICTION AND VENUE
13. This Court has subject matter jurisdiction over this cause pursuant to
Article V, Section 8 of the Texas Constitution and Section 24.007 of the Texas Government
Code.
14. This Court has personal jurisdiction over Welp because he is a resident of
Texas, committed torts in Texas against Texas residents, and does business in Texas
within the meaning of Section 17.042 of the Texas Civil Practice & Remedies Code. This
Court has personal jurisdiction over 1547 CSR because it maintains a place of business in
Texas, committed torts in Texas or directed tortious conduct into Texas that harmed
Texas residents, and does business in Texas within the meaning of Section 17.042 of the
Texas Civil Practice & Remedies Code. This Court has personal jurisdiction over Portfolio
Manager, Holdings II, and Ramland Management because they committed torts in Texas
or directed tortious conduct into Texas that harmed Texas residents, and do business in
Texas within the meaning of Section 17.042 of the Texas Civil Practice & Remedies Code.
15. Venue is proper in Dallas County pursuant to Section 15.002(a) of the Texas
Civil Practice & Remedies Code because all or a substantial part of the events or omissions
giving rise to Plaintiffs’ claims occurred in Dallas County, 1547 CSR has its principal
office in Texas located in Dallas County, and Welp resides in Dallas County.
Iv.
FACTUAL ALLEGATIONS
16. Defendant 1547 CSR was formed as a Delaware limited liability company
on or about April 6, 2011, under the name 1547 Realty Partners, LLC, and was renamed
PLAINTIFFS’ ORIGINAL PETITION PAGE4
as fifteenfortyseven Critical Systems Realty, LLC (“1547 CSR”) on or about January 28,
2014. The co-founders and managers of 1547 CSR are Welp, Todd Raymond, Patrick
Hynes, and Gerald Martin.
17. In February 2012, Welp contacted Edwards about a “great deal.” Welp
represented that his company, then known as 1547 Realty Partners, had been working on
a transaction in New York for over a year and had a commitment from a large investment
firm for $100 million in capital for the deal, a speculative data center that had no existing
tenant leases or letters of intent.
18. Welp represented to Edwards that 1547 CSR chose not to be in business
with this investment firm “for multiple reasons we can discuss.” Welp further
represented that an easement issue had been resolved more quickly than anticipated, and
that “Cablevision called me to let me know that they had chosen us as their data center
solution.”
19. At Welp’s urging, Edwards informed Earley and Fox of this opportunity
and put them in communication with Welp.
20. In connection with this solicitation, Welp provided Edwards, Earley, and
Fox with a “confidential” investment summary entitled “New York Data Center
Opportunity Orangeburg, New York” from 1547 RP dated February 2012 (the “2012
Offering Memo”).
21. The New York Data Center Opportunity was a parcel of approximately 32
acres of land containing a 232,000 square foot building located at 1 Ramland Road,
PLAINTIFFS’ ORIGINAL PETITION PAGES
Orangeburg, New York 10962 (the “Orangeburg Property”) that 1547 CSR proposed to
convert into a data center.
22, The 2012 Offering Memo touted the experience and expertise of the
founders of 1547 CSR and promoted the New York Data Center project as an
extraordinary opportunity. The 2012 Offering Memo represented that through its
“extensive industry relationships” 1547 CSR was able to focus on acquisition and
development projects where data center users drive dema
Preview
DALLAS-DC-20-19316-CLR-VOL001 pdf: VOLUME 1 OF 1 Trial Court Cause No. DC-20-19316 Appellate Case No. 05-23-00243-CV In the 298th District Court of Dallas County, Texas Honorable EMILY TOBOLOWSKY Judge Presiding FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC AND COREY WELP, Appellant(s) Vs, ARISTA INVESTMENTS, LLC; ARISTA INVESTMENTS 401K TRUST; F. AARON EDWARD; J. MARK EARLEY; AND BRIAN FOX, Appellee(s) Appealed To The Court Of Appeals For The 5™ District Of Texas, At Dallas, Texas Attorney for Appellant(s): * BECK REDDEN LLP NAME: FIELDS ALEXANDER ADDRESS: 1221 MCKINNEY STREET, SUITE 4500 HOUSTON, TEXAS 77010-2010 TELEPHONE NO.: (713) 951-3700 FAX NO.: N/A E-MAIL ADDRESS: falexander@beckredden.com SBOT NO.: 783528 ATTORNEY FOR: DEFENDANTS - FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC AND COREY WELP Delivered To The Court Of Appeals For The 5? District Of Texas, At Dallas, Texas On the 16th day of March, 2023 FELICIA PITRE DISTRICT CLERK DALLAS COUNTY, TEXAS By DANIEL MACIAS, Deputy District Clerk DC-20-19316 IN THE DISTRICT COURT ARISTA INVESTMENTS, LLC, ET AL OF VS. FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC, ET AL DALLAS COUNTY, TEXAS INDEX Document File Date Page COVER SHEET 03/16/2023 1-1 INDEX 03/16/2023 2-3 CAPTION 03/16/2023 4-4 DOCKET SHEET 03/16/2023 Seley PLAINTIFFS' ORIGINAL PETITION 12/31/2020 18 - 39 DEFENDANTS 1547 CRITICAL SYSTEMS 02/19/2021 40-92 REALTY, LLC'S AND COREY WELP'S ORIGINAL ANSWER SUBJECT TO AND WITHOUT WAIVING THE 03/30/2021 93 - 96 NONRESIDENT DEFENDANTS' SPECIAL APPEARANCE, DEFENDANTS U.S. DATA CENTER PORTFOLIO MANAGER, LLC'S; RAMLAND HOLDINGS II, LLC'S; AND 1 RAMLAND ROAD MANAGEMENT, LLC'S ORIGINAL ANSWER DEFENDANTS COREY WELP AND 03/30/2021 97 - 166 FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC'S MOTION TO DISMISS THIS ACTION AND COMPEL ARBITRATION OR, ALTERNATIVELY, MOTION TO STAY THESE PROCEEDINGS PLAINTIFFS' RESPONSE TO DEFENDANTS 05/04/2021 167 - 181 FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY AND COREY WELP'S MOTION TO COMPEL ARBITRATION DEFENDANTS COREY WELP AND 05/06/2021 182 - 217 FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC'S REPLY IN SUPPORT OF THEIR MOTION TO DISMISS THIS ACTION AND COMPEL ARBITRATION OR, ALTERNATIVELY, MOTION TO STAY THESE PROCEEDINGS PLAINTIFFS' SECOND AMENDED PETITION 01/21/2022 218 - 246 PLAINTIFFS' FIRST SUPPLEMENTAL 04/20/2022 247 - 252 PETITION TO SECOND AMENDED PETITION ORDER DENYING MOTION TO DISMISS 02/28/2023 253 - 253 ACTION AND COMPEL ARBITRATION AND MOTION TO STAY PROCEEDINGS DEFENDANTS' NOTICE OF 03/14/2023 254 - 257 INTERLOCUTORY APPEAL COST BILL 03/16/2023 258 - 258 CLERK'S CERTIFICATE 03/16/2023 259 - 259 THE STATE OF TEXAS COUNTY OF DALLAS In the 298th District Court of Dallas County, Texas, the Honorable EMILY TOBOLOWSKY, Judge Presiding, the following proceedings were held and the following instruments and other papers were filed in this cause, to wit: Trial Court Cause No.: DC-20-19316 ARISTA INVESTMENTS, LLC, et al IN THE 298TH DISTRICT COURT vs. OF FIFTEENFORTYSEVEN CRITICAL DALLAS COUNTY, TEXAS SYSTEMS REALTY, LLC, et al Docker SHEET DOCKET SHEET CASE No. DC-20-19316 ARISTA INVESTMENTS, LLC, et al § Location: 298th District Court YS. 8 Judicial Officer: TOBGLOWSKY, EMILY FIFTEENFORTYSEVEN CRITICAL SYSTEMS 8 Filed on: 12/31/2020 REALTY, LLC, et al § Case INFORMATION Case Type: CNTR CNSMR COM DEBT PARTY INFORMATION Lead Attorneys PLAINTIFF ARISTA INVESTMENTS 401K TRUST CULHAM, DOROTHY ABZANKA Retained 214-550-8188(W) ARISTA INVESTMENTS, LLC CULHAM, DOROTHY ABZANKA Retained 214-550-8188(W) EARLEY, J. MARK CULHAM, DOROTHY ABZANKA Retained 214-550-8188(W) EDWARDS, F. AARON CULHAM, DOROTHY ABZANKA Retained 214-550-8188(W) FOX, BRIAN CULHAM, DOROTHY ABZANKA Retained 214-550-8188(W) DEFENDANT 1 RAMLAND ROAD MANAGEMENT, LLC ALEXANDER, FIELDS Retained 713-951-3700(W) FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC ALEXANDER, FIELDS Retained 713-951-3700(W) RAMLAND HOLDINGS II, LLC ALEXANDER, FIELDS Retained 713-951-3700(W) U.S. DATA CENTER PORTFOLIO MANAGER, LLC ALEXANDER, FIELDS Retained 713-951-3700(W) WELP, COREY ALEXANDER, FIELDS Retained 713-951-3700(W) DATE EVENTS & ORDERS OF THE COURT INDEX: 12/31/2020 NEW CASE FILED (OCA) - CIVIL 12/31/2020 Bl oriGinat Petition 12/31/2020 BA cASE FILING COVER SHEET PAGE 1 OF 13, Printed on 03/16/2023 at 9:28 AM Docker SHEET DOCKET SHEET CASE NO. DC-20-19316 12/31/2020 @issue crravion 12/31/2020 Bury DEMAND Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA INVESTMENTS 401K TRUST: PLAINTIFF EDWARDS, F. AARON; PLAINTIFF EARLEY, J. MARK; PLAINTIFF FOX, BRIAN 01/06/2021 CITATION B FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC Served: 01/13/2021 FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC 01/06/2021 CITATION WELP, COREY Served: 01/13/2021 COREY WELP 01/06/2021 CITATION Ba U.S. DATA CENTER PORTFOLIO MANAGER, LLC Server 01/22/2021 U.S. DATA CENTER PORTFOLIO MANAGER, LLC 01/06/2021 CITATION )RAMLAND HOLDINGS 11, LLC Served: 01/22/2021 RAMLAND HOLDINGS If, LLC 01/06/2021 CITATION | RAMLAND ROAD MANAGEMENT, LLC Served: 01/22/2021 i RAMLAND ROAD MANAGEMENT, LLC 01/14/2021 BReTuRN OF SERVICE EXECUTED CITATION - FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC 01/14/2021 RETURN OF SERVICE EXECUTED CITATION - COREY WELP 02/03/2021 Braue Wl 02/04/2021 Blreturn oF service EXECUTED CITATION: RAMLAND HOLDINGS If, LEC (2542021 ‘BlReTuRN oF service EXECUTED CITATION: | RAMLAND ROAD MANAGEMENT, LLC 027082021 a RETURN OF SERVICE EXECUTED CITATION: U.S. DATA CENTER PORTFOLIO MANAGER, LLC 02/19/2021 8 ORIGINAL ANSWER - GENERAL DENIAL Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC 02/19/2021 B SPECIAL APPEARANCE PAGE 2 OF 13 Printed on 03/16/2023 at 9:28 AM Docker SHEET DOCKET SHEET CASE NO. DC-20-19316 DEFENDANTS 2/23/2021 B NON-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED SPECIAL APPEARANCE 03/01/2021 Q CANCELED Final Disposition Hearing (9:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY) BY COURT ADMINISTRATOR 03/09/2021 I VACATION LETTER Party: ATTORNEY GAUBERT, MICHAEL LEWIS 03/09/2021 A srectaL APPEARANCE IST AMENDED/U S DATA CENTER PORTFOLIO MANAGER LLC/RAMLAND HOLDINGS H/t RAMLAND ROAD MANAGEMENT LLC 03/09/2021 B NON-SIGNED PROPOSED ORDER/JUDGMENT AMENDED SPECIAL APPEAR/U S DATA CENTER PORTFOLIO/RAMLAND HOLDINGS U/l RAMLAND MANAGEMENT 03/10/2021 ® NOTICE OF HEARING / FIAT ON NONRESIDENT DEFENDANTS’ AMENDED SPECIAL APPEARANCE 13/12/2021 orice oF HEARING / FIAT AMENDED SPECIAL APPEREANCE 03/18/2021 ‘Bl morion - compen Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F, AARON; PLAINTIFF EARLEY,J. MARK; PLAINTIFF FOX, BRIAN 03/18/2021 a NON-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER TO COMPEL 03/18/2021 A NOTICE OF HEARING / FIAT MOTION TO COMPEL 03/18/2021 a MOTION - CONTINUANCE Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA INVESTMENTS 401K TRUST 03/18/2021 A NON-SIGNED PROPOSED ORDER/JUDGMENT ORDER CONTINUING HEARING ON SPECIAL APPEARANCE ORDER CONTINUING HEARING ON SPECIAL APPEARANCE 03/19/2021 Borice OF HEARING / FIAT MOTION FOR CONTINUANCE- MOTION TO COMPEL 03/19/2021 Ba NOTICE OF HEARING / FIAT MOTION TO COMPEL 03/19/2021 Bo NOTICE OF HEARING / FIAT NOTICE OF HEARING (AMENEDD) ON DEF/SPECIAL APPEARANCE PAGE 3 OF 13 Printed on 03/16/2023 at 9:28 AM Docker SHEET DOCKET SHEET CASE NO. DC-20-19316 03/25/2021 Q) CANCELED Motion - Continuance (9:00 AM) (Judicial Officer; TOROLOWSKY, EMILY) REQUESTED BY ATTORNEY/PRO SE TELEPHONIC - EMERGENCY MOTION BY ROBERT 214-550-8209 03/26/2021 Q) CANCELED Special Appearance (2:00 PM) (Judicial Officer: TOBOLOWSKY, EMILY) HEARING RESCHEDULED ASHLEY MCCRARY (CELL 254-749-8803) JOMIN DEF'S/ IST AMENDED SPCL APPEARANCE FILED 3/9/21 **TELEPHONIC** 03/30/2021 ‘Bloricat ANSWER - GENERAL DENIAL Party: DEFENDANT U.S. DATA CENTER PORTFOLIO MANAGER, LLC; DEFENDANT RAMLAND HOLDINGS II, LLC: DEFENDANT 1 RAMLAND ROAD MANAGEMENT, LLC 03/30/2021 ‘El morio - pismiss Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC; DEFENDANT WELP, COREY 03/30/2021 A SPECIAL APPEARANCE 04/02/2021 a CANCELED Special Appearance (10:30 AM) (Judicial Officer: TOBOLOWSKY, EMILY) REQUESTED BY ATTORNEY/PRO SE RE-SET W/AMY PARKER (713-951-6234) 30MIN DEF/IST AMENDED SPCL APPEARANCE FILED 3/9/21 **TELEPHONIC** 04/02/2021 Q CANCELED Special Appearance (2:30 PM) (Judicial Officer: TOBOLOWSKY, EMILY) REQUESTED BY ATTORNEY/PRO SE AMY 713-951-6234 04/02/2021 a CANCELED Motion - Compel (4:00 PM) (Judicial Officer; TOBOLOWSKY, EMILY) REQUESTED BY ATTORNEY/PRO SE 30MINS SET BY BOB 214-550-8209 04/02/2021 BINon-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER GRANTING MOTION TO DISMISS THIS ACTION AND COMPEL ARBITRATION BY DEFENDANTS COREY WELP AND FIFTEENFORTYSEVEN CRITICAL SYSTEMSREALTY,LLC 04/05/2021 @ VACATION LETTER Party: ATTORNEY ARNETT, JAMES ROBERT, Il 04/05/2021 B NOTICE OF HEARING / FIAT MOTION TO DISMISS 04/06/2021 &l VACATION LETTER Party: ATTORNEY ALEXANDER, FIELDS 04/06/2021 Response NONRESIDENT DEFENDANTS' RESPONSE TO PLAINTIFFS’ EMERGENCY MOTION FOR CONTINUANCE AND MOTION TO COMPEL DEPOSITIONS OF COREYWELPAND TODDRAYMOND IN CONNECTION WITH SPECIAL APPEARANCE PAGE 4 OF 13 Printed on 03/16/2023 at 9:28 AM Docker SHEET DOCKET SHEET CASE NO. DC-20-19316 04/07/2021 BD AMENDED PETITION Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA INVESTMENTS 401K TRUST: PLAINTIFF EDWARDS. F. AARON: PLAINTIFF EARLEY,J. MARK; PLAINTIFF FOX, BRIAN 04/08/2021 response EMEREGENCY MOTION FOR CONTINUANCE AND MOTION TO COMPEL DEPOSITIO! 04/09/2021 2 Motion - Continuance (2:30 PM) (Judicial Officer: TOBOLOWSKY, EMILY) Events: 03/18/2021 MOTION - COMPEL 03/18/2021 NON-SIGNED PROPOSED ORDER/JUDGMENT 03/18/2021 MOTION - CONTINUANCE 03/18/2021 NON-SIGNED PROPOSED ORDER/JUDGMENT TELEPHONIC SET BY ROBERT 214-550-8209 04/14/2021 a CANCELED Special Appearance (8:30 AM) (Judicial Officer: TOBOLOWSKY, EMILY) REQUESTED BY ATTORNEY/PRO SE TELEPHONIC SET BY AMY 713-951-6234 04/16/2021 ‘Blnotice oF APPEARANCE Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC; DEFENDANT WELP, COREY; DEFENDANT U.S. DATA CENTER PORTFOLIO MANAGER, LLC; DEFENDANT RAMLAND HOLDINGS H, LLC; DEFENDANT | RAMLAND ROAD MANAGEMENT, LLC 04/16/2021 Ba NON-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER GRANTING PLAINTIFFS' MOTION FOR ORDER TO SHOW CAUSE AND FOR CONTEMPT 04/16/2021 ‘Blmorion - contempt PLAINTIFF 04/16/2021 ‘Bl motion - sHow cause Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F. AARON; PLAINTIFF EARLEY, J. MARK; PLAINTIFF FOX, BRIAN 05/04/2021 ‘Plresponse PLAINTIFFS' RESPONSE TO DEFENDANTS FIFTEENFORTYSEVEN CRITICAL SYSTEMS} REALTY AND COREY WELP'S MOTION TO COMPEL ARBITRATION 05/06/2021 BI Notice oF APPEARANCE Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC; DEFENDANT WELP, COREY; DEFENDANT U.S. DATA CENTER PORTFOLIO MANAGER, LLC: DEFENDANT RAMLAND HOLDINGS I, LLC; DEFENDANT 1 RAMLAND ROAD MANAGEMENT. LLC 05/06/2021 ‘Blresponse DEFENDANTS COREY WELP AND FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC'S REPLY IN SUPPORT OF THEIR MOTION TO DISMISS THIS ACTION AND COMPEL ARBITRATION OR. ALTERNATIVELY, MOTION TO STAY THESE PROCEEDINGS 05/07/2021 &) Motion - Dismiss (1:30 PM) (Judicial Officer; TOBOLOWSKY, EMILY) Events: 03/30/2021 MOTION - DISMISS **TELEPHONIC*DF/MTN DISMISS FILED 03/30/21 ASHLEE MCCRARY 254-749-8803 PAGE 5 OF 13 Printed on 03/16/2023 at 9:28 AM Docker SHEET DOCKET SHEET CASE NO. DC-20-19316 05/07/2021 ea NON-SIGNED PROPOSED ORDER/JUDGMENT ORDER DENYING MOTION TO DISMISS ACTION AND COMPEL ARBITRATION AND MOTION TO STAY PROCEEDINGS 05/17/2021 Bl orion - comPet Party: PLAINTIFF ARISTA INVESTMENTS, LLC: PLAINTIFF ARISTA INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F. AARON; PLAINTIFF EARLEY. J. MARK 5/18/2021 ‘BI NOoN-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED COMPEL 05/20/2021 notice oF HEARING / FIAT 06/01/2021 a RESPONSE TO PLAINTIFF MOTION TO COMPEL 06/03/2021 2 NOTICE OF HEARING / FIAT NOTICE OF CANCELLATION OF HEARING 06/04/2021 Q CANCELED Motion - Compel (10:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY) REQUESTED BY ATTORNEY/PRO SE SET BY BOB ARNETT 214-550-8209, PHONE CALL IN TO THE COURT, 06/11/2021 (8) VACATION LETTER Party: ATTORNEY ARNETT, JAMES ROBERT, I 06/29/2021 (BI VACATION LETTER Party; ATTORNEY GAUBERT, MICHAEL LEWIS 06/30/2021 Bimotion - sckeputnc orper JOINT MOTION FOR AGREED SCHEDULING ORDER 07/27/2021 a MOTION - PROTECT Party: DEFENDANT WELP, COREY: DEFENDANT U.S. DATA CENTER PORTFOLIO} MANAGER, LLC; DEFENDANT RAMLAND HOLDINGS I, LLC; DEFENDANT 1 RAMLAND ROAD MANAGEMENT, LLC JOINT MOTION 08/11/2021 Breve MW AGREEMENTS 10/04/2021 El certiricATE OF DEPOSITION COREY WELP 10/04/2021 BA ceRTIFICATE OF DEPOSITION Todd Raymond - Reporter Certificate 10/08/2021 B CERTIFICATE OF DEPOSITION COREY WELP 10/18/2021 PAGE 4 OF 13 Printed on 03/16/2023 at 9:28 AM Docket SHEET DOCKET SHEET CASE NO. DC-20-19316 Bisreciat APPEARANCE U.S. DATA CENTER PORTFOLIO MANAGER, LLC; RAMLAND HOLDINGS tl, LLC; AND 1 RAMLAND ROAD MANAGEMENT, LLC'S SECOND AMENDED SPECIAL APPEARANCE 10/20/2021 B NON-SIGNED PROPOSED ORDER/JUDGMENT GRANTING SECOND AMENDED SPECIAL APPEARANCE 10/27/2021 Binotice OF HEARING / FIAT RE: SECOND AMENDED SPECIAL APPEARANCE Vol/Book 0, 11/23/2021 ‘Plorper - prorect Page 0, 10 pages /CONDENTIALITY Vol./Book 0, 11/23/2021 TAscHeDutinc orDER Page 0, 3 pages AGREED 11/30/2021 levies RULE 11 AGREEMENT 12/03/2021 ENotice OF APPEARANCE 12/09/2021 VACATION LETTER Party: ATTORNEY GAUBERT, MICHAEL LEWIS 01/10/2022 @ CANCELED Sury Trial - Civil (9:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY) BY COURT ADMINISTRATOR 01/13/2022 B SPECIAL APPEARANCE THIRD AMENDED 01/13/2022 a NON-SIGNED PROPOSED ORDER/JUDGMENT GRANTING THIRD AMENDED SPECIAL APPEARANCE 01/13/2022 ‘Bl notice oF HEARING / FIAT THIRD AMENDED SPECIAL APPEARANCE 01/21/2022 B CERTIFICATE OF DEPOSITION BRIAN N. FOX” 01/21/2022 a AMENDED PETITION Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA. INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F. AARON: PLAINTIFF EARLEY, J. MARK; PLAINTIFF FOX, BRIAN SECOND AMENDED 01/21/2022 El ceRTIFICATE OF DEPOSITION FREDERICK AARON EDWARDS 1/21/2022 a CERTIFICATE OF DEPOSITION JOHN MARK EARLEY PAGE 7 OF 13 Printed on 03/16/2023 at 9:28 AM Docker SHEET DOCKET SHEET CASE NO. DC-20-19316 01/21/2022 B MOTION - LEAVE Party: DEFENDANT U.S. DATA CENTER PORTFOLIO MANAGER, LLC; DEFENDANT RAMLAND HOLDINGS II, LLC; DEFENDANT | RAMLAND ROAD MANAGEMENT. LLC TO EXCEED PAGE LIMIT 01/21/2022 B NON-SIGNED PROPOSED ORDER/JUDGMENT GRANTING MOTION FOR LEAVE 1/21/2022 ‘El orion - LEAVE Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F. AARON; PLAINTIFF EARLEY, J. MARK; PLAINTIFF FOX, BRIAN TO ENLARGE PAGE COUNT LIMITATIONS - UNOPPOSED 01/21/2022 Blresronse PLAINTIFFS' RESPONSE IN OPPOSITION TO THIRD AMENDED SPECIAL APPEARANCE OF DEFENDANTS U.S, DATA CENTER PORTFOLIO MANAGER, LLC; RAMLAND HOLDINGS I, LLC; AND I RAMLAND ROAD MANAGEMENT, LLC 01/21/2022 a CORRESPONDENCE ~ LETTER TO FILE ADDITIONAL DOCUMENTS FOR PLS‘ RESP IN OPPOSITION TO 3RD AMENDED SPECIAL APPERANCE OF DEFENDANTS 01/21/2022 oe NON-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER TO ENLARGE PAGE COUNT LIMITATIONS - UNOPPOSED 1/21/2022 ‘BI Non-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER DENYING SPECIAL APPEARANCE 01/27/2022 a CANCELED Special Appearance (9:30 AM) (Judicial Ofticer; TOBOLOWSKY, EMILY) REQUESTED BY ATTORNEY/PRO SE VIA CONFERENCE CALL * SET BY ASHLEY M. 254-749-8803 02/01/2022 {Bl VACATION LETTER Party: ATTORNEY GAUBERT, MICHAEL LEWIS 02/15/2022 ‘Blorion - LEAVE Party: DEFENDANT U.S. DATA CENTER PORTFOLIO MANAGER, LLC; DEFENDANT RAMLAND HOLDINGS II, LLC; DEFENDANT 1 RAMLAND ROAD MANAGEMENT, LLC UNOPPOSED MOTION 02/15/2022 o NON-SIGNED PROPOSED ORDER/JUDGMENT GRANTING MOTION FOR LEAVE 02/16/2022 o SPECIAL APPEARANCE 4TH AMENDED 02/16/2022 a NON-SIGNED PROPOSED ORDER/JUDGMENT 4TH AMENDED SPECIAL APPEARANCE 02/18/2022 BINotice OF HEARING / FIAT PAGE 8 OF 13 Printed on 03/16/2023 at 9:28 AM Docker SHEET DOCKET SHEET CASE NO. DC-20-19316 SPECIAL APPEREANCE 02/21/2022 ‘Elmiscencanous EVENT NOTICE OF SUBPOENA DUCES TECUM TO CIM GROUP, L.P. 02/21/2022 Elmisce.canous EVENT SUBPOENA DUCES TECUM 02/25/2022 ‘El miscettanous EVENT Party: PLAINTIFF ARISTA INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F, AARON: PLAINTIFF EARLEY, J. MARK; PLAINTIFF FOX, BRIAN NOT SUB DUCES TECUM-HARRISON STREET REAL ESTATE CAPITAL LLC 03/03/2022 ‘El moron - quasH Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC; DEFENDANT WELP, COREY; DEFENDANT U.S. DATA CENTER PORTFOLIO MANAGER, LLC; DEFENDANT RAMLAND HOLDINGS Il, LLC; DEFENDANT 1 RAMLAND ROAD MANAGEMENT, LLC DEFENDANTS‘ MOTION TO QUASH AND FOR PROTECTIVE ORDER REGARDING THIRD-PARTY SUBPOENAS DUCES TECUM DIRECTED TO CIM GROUP. L.P. AND HARRISON STREET REAL ESTATE CAPITAL, LLC 03/03/2022 B NON-SIGNED PROPOSED ORDER/JUDGMENT ORDER GRANTING DEFENDANT'S MOTION TO QUASI AND FOR PROTECTION 03/03/2022 8 MOTION - LEAVE Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC; DEFENDANT WELP, COREY; DEFENDANT U.S. DATA CENTER PORTFOLIO MANAGER, LLC; DEFENDANT RAMLAND HOLDINGS 1, LLC; DEFENDANT 1} RAMLAND ROAD MANAGEMENT, LLC TO EXCEED PAGE LIMITS 03/03/2022 ‘BINon-sinep PROPOSED ORDERJUDGMENT FOR LEAVE TO EXCEED PAGE LIMITS 03/09/2022 ‘Bl notice oF HEARING / FIAT MOTION TO QUASH 03/09/2022 Blreturn OF SERVICE EXECUTED ATTORNEY ISSUED SUBPOENA - HARRISON STREET REAL ESTATE CAPITAL, LLC 03/09/2022 Ba RETURN OF SERVICE EXECUTED ATTORNEY ISSUED SUBPOENA - CIM GROUP LP 03/10/2022 a NOTICE OF HEARING / FIAT AMENDED - 04/15/22 11:00 MOTION QUASH & PROTECT 03/23/2022 ‘Bnorice OF APPEARANCE [effrey M. Tillotson} 04/01/2022 =e MOTION - MISCELLANOUS Party: PLAINTIFF ARISTA INVESTMENTS, LLC; PLAINTIFF ARISTA INVESTMENTS 401K TRUST: PLAINTIFF EDWARDS, F. AARON; PLAINTIFF EARLEY,J. MARK; PLAINTIFF FOX, BRLAN PAGE 9 OF 13 Printed on 03/16/2023 at 9:28 AM Docker SHEET DOCKET SHEET CASE NO. DC-20-19316 04/01/2022 @ NON-SIGNED PROPOSED ORDER/JUDGMENT ORDER GRANTING MOTION TO ENLARGE PAGE COUNT LIMITATIONS, 04/01/2022 a NOTICE OF HEARING / FIAT MOTION-PROTECT 04/01/2022 Blosiection TO THE DECLARATIONS OF COREY WELP &.J. TODD RAYMOND IN SUPPORT OF 4TH| SPECIAL APPEARANCE 04/01/2022 Blosiection TO FOURTH AMENDED SPECIAL APPEARANCE 04/01/2022 B NON-SIGNED PROPOSED ORDER/JUDGMENT ORDER DENYING 4TH AMENDED SPECIAL APPEARANCE 04/01/2022 ‘El corresPONDENCE - LETTER TO FILE TO 4TH AMENDED SPECIAL APPEARANCE PT.2 04/06/2022 Pl response RESPONSE TO PLAINTIFFS OBJECTIONS TO DECLARATIONS OF WELP & RAYMOND 04/07/2022 (8) RESPONSE PLAINTIFFS! REPLY TO NONRESIDENT DEFENDANTS’ RESPONSE TO PLAINTIFFS‘ OBJECTIONS TO THE DECLARATIONS OF COREY WELP AND J. TODD RAYMOND 04/08/2022 Q Special Appearance (9:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY) Events: 02/16/2022 SPECIAL APPEARANCE 02/16/2022 NON-SIGNED PROPOSED ORDER/JUDGMENT 04/01/2022 OBJECTION 04/01/2022 OBJECTION 04/01/2022 NON-SIGNED PROPOSED ORDER/JUDGMENT 04/01/2022 CORRESPONDENCE - LETTER TO FILE 04/06/2022 RESPONSE 30 MINS SET BY ASHLEE 254-749-8803 VIA TELECONFERENCE 04/08/2022 B NOTICE OF HEARING / FIAT SPECIAL APPEREANCE 04/11/2022 MOTION HEARING (10:30 AM) (Judicial Officer: TOBOLOWSKY, EMILY) THIS IS A CONTINUANCE FROM FRIDAY 4/8/2022 04/11/2022 &I NoN-SIGNED PROPOSED ORDER/JUDGMENT PROPOSED ORDER GRANTING FOURTH AMENDED SPECIAL APPEARANCE BY U.S. DATA CENTER PORTFOLIO MANAGER, LLC; RAMLAND HOLDINGS 1, LLC; AND I RAMLAND ROAD MANAGEMENT. LLC 04/15/2022 a CANCELED Motion - Quash (11:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY) REQUESTED BY JUDGE VIA CONFERENCE CALL * ASHELY 713-951-6211 04/15/2022 B AMENDED ANSWER - AMENDED GENERAL DENIAL Party: DEFENDANT U.S. DATA CENTER PORTFOLIO MANAGER, PAGE 10 OF 13 Printed on 03/16/2023 at 9:28 AM Docker SHEET DOCKET SHEET CASE NO. DC-20-19316 LLC, DEFENDANT RAMLAND HOLDINGS II, LLC; DEFENDANT 1 RAMLAND ROAD MANAGEMENT, LLC IST 04/15/2022 a AMENDED ANSWER - AMENDED GENERAL DENIAL Party: DEFENDANT FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC; DEFENDANT WELP, COREY 04/18/2022 A OBJECTION TO MOTION TO QUASH & FOR PROTECTIVE ORDER 04/18/2022 a NON-SIGNED PROPOSED ORDER/JUDGMENT ORDER DENYING MOTION TO QUASH 04/20/2022 &) Motion - Protect (11:00 AM) (Judicial Officer: TOROLOWSKY, EMILY) Events: 03/03/2022 MOTION - QUASH 03/03/2022 NON-SIGNED PROPOSED ORDER/JUDGMENT 04/18/2022 OBJECTION 18/2022 NON-SIGNED PROPOSED ORDER/JUDGMENT SET BY ASHLEE 254-749-8803 VIA CONFERENCE CALL 30M 04/20/2022 A AMENDED PETITION Party: PLAINTIFF ARISTA INVESTMENTS, LLC, PLAINTIFF ARISTA INVESTMENTS 401K TRUST; PLAINTIFF EDWARDS, F, AARON; PLAINTIFF EARLEY,J. MARK; PLAINTIFF FOX, BRIAN IST SUPPLEMENTAL TO 2ND AMENDED PETITION 04/25/2022 Beuen 05/17/2022 Bi VacaTION LETTER Party: ATTORNEY GAUBERT, MICHAEL LEWIS 05/18/202: §) VACATION LETTER Party: ATTORNEY ALEXANDER, FIELDS 05/19/2022 Beue WW RE: EXPERT DISCOVERY 06/07/2022 VACATION LETTER Party: ATTORNEY GAUBERT, MICHAEL LEWIS 06/17/2022 (Al VACATION LETTER Party; ATTORNEY CULHAM, DOROTHY ABZANKA 07/11/2022 a CANCELED Sury Trial - Civil (9:00 AM) (Judicial Officer: TOBGLOWSKY, EMILY) BY COURT ADMINISTRATOR 12/12/2022 ‘Bimotion - compet 12/12/2022 Binon-sianep PROPOSED ORDER/JUDGMENT COMPEL 12/13/2022 BI otice oF HEARING / FIAT PAGE 11 OF 13 Printed on 03/16/2023 at 9:28 AM Docker SHEET DOCKET SHEET CASE No. DC-20-19316 COMPEL 01/17/2023 lresponse TO MOTION TO COMPEL 01/19/2023 6 NON-SIGNED PROPOSED ORDER/JUDGMENT DISMISS 01/19/2023 o NON-SIGNED PROPOSED ORDER/JUDGMENT COMPEL 01/20/2023 Motion - Compel (1:30 PM) (Judicial Officer: TOBOLOWSKY,. EMILY) Events; 12/12/2022 MOTION - COMPEL 2/12/2022 NON-SIGNED PROPOSED ORDER/JUDGMENT CONFERENCE CALL * SET BY PLAINTIFF 01/23/2023 BI Non-SIGNED PROPOSED ORDER/JUDGMENT DISMISS 1/23/2023 ENon-SIGNED PROPOSED ORDER/JUDGMENT ORDER DENYING PLAINTIFFS’ MOTION TO COMPEL MEDIATION 01/23/2023 ‘E)Non-sIGNED PROPOSED ORDER/JUDGMENT ORDER GRANTING FOURTH AMENDED SPECIAL APPEARANCE BY U.S. DATA CENTER PORTFOLIO MANAGER, LLC; RAMLAND HOLDINGS H, LLC; AND | RAMLAND ROAD MANAGEMENT. LLC Vol,/Book 0, 02/28/2023 ‘Blorper - Deny Page 0, I pages MOTION TO DISMISS ACTION AND COMPEL ARBITRATION AND MOTION TO STAY PROCEEDINGS 03/14/2023 A NOTICE OF APPEAL - CT, OF APPEALS DEFENDANTS-DESIGNATION REQUESTED AT TIME OF ACCEPTANCE BY 12PM 3/15/2023 03/16/2023 NOTE - CLERKS 05-23-(10243-CV PREPARING CLERK'S RECORD 03/20/2023 a Jury Trial - Civil (9:00 AM) (Judicial Officer: TOBOLOWSKY, EMILY) Datt FINANCIAL INFORMAL LON PLAINTIFF ARISTA INVESTMENTS, LLC Total Charges 462.00 Total Payments and Credits 462.00 Balance Due as of 03/16/2023 0.00 12/31/2020 Charge PLAINTIFF ARISTA. 372.00 INVESTMENTS, LLC 12/31/2020 CREDIT CARD - Receipt # 81456-2020-DCLK PLAINTIFF ARISTA. (372.00) TEXFILE (DC) INVESTMENTS, LLC 04/21/2021 Charge PLAINTIFF ARISTA. 90.00 INVESTMENTS, LLC 04/21/2021 CREDIT CARD- Receipt # 24295-2021-DCLK PLAINTIFF ARISTA (90.00) TEXFILE {DC} INVESTMENTS, LLC 04/21/2021 Charge PLAINTIFF ARISTA 75.00 INVESTMENTS, LLC /21/2021 CREDIT CARD - Receipt # 24437-2021-DCLK PLAINTIFF ARISTA (75.00) PAGE 12 OF 13 Printed an 03/16/2123 at 9:28 AM Docket SHEET DOCKET SHEET CASE NO. DC-20-19316 TEXFILE (DC) INVESTMENTS, LLC 04/21/2021 Adjustment PLAINTIFF ARISTA (75.00) INVESTMENTS, LLC 04/21/2021 Adjustment PLAINTIFF ARISTA. 75.00 INVESTMENTS, LLC PAGE 13 OF 13 Printed an 03/16/2023 at 9:28 AM FILED 5 CIT- ESERVE (JURY DEMAND) 12/31/2020 12:47 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS JAVIER HERNANDEZ DEPUTY DC-20-19316 CAUSE NO. ARISTA INVESTMENTS, LLC; IN THE DISTRICT COURT ARISTA INVESTMENTS 401K TRUST; F. AARON EDWARDS; J. MARK EARLEY; and BRIAN FOX, Plaintiffs, Vv. DALLAS COUNTY, TEXAS FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC; COREY WELP; U.S. DATA CENTER PORTFOLIO MANAGER, LLC; RAMLAND HOLDINGS IL, LLC; and 1 RAMLAND ROAD MANAGEMENT, LLC, Defendants. JUDICIAL DISTRICT PLAINTIFFS’ ORIGINAL PETITION TO THE PRESIDING JUDGE OF THE ABOVE-ENTITLED COURT: Plaintiffs Arista Investments, LLC, Arista Investments 401k Trust, F. Aaron Edwards, J. Mark Earley, and Brian Fox file their original petition against Defendants fifteenfortyseven Critical Systems Realty, LLC; Corey Welp; U.S. Data Center Portfolio Manager, LLC; Ramland Holdings II, LLC; and 1 Ramland Road Management, LLC, and would respectfully show the Court as follows: I DISCOVERY CONTROL PLAN 1 Plaintiffs intend to conduct discovery under Level 3, pursuant to Texas Rule of Civil Procedure 190.4. PLAINTIFFS’ ORIGINAL PETITION PacEt 2. As required by Texas Rule of Civil Procedure 47, Plaintiffs allege monetary damages over $1,000,000. The damages sought are within the jurisdictional limits of this Court. I, PARTIES 3. Plaintiff Arista Investments, LLC (“Arista”), is a limited liability company organized and existing under the laws of the State of Texas with its principal place of business in Tarrant County, Texas. 4 Plaintiff Arista Investments 401k Trust (“Arista Trust”) is a trust organized and existing under the laws of the State of Texas with its principal place of business in Tarrant County, Texas. 5 Plaintiff F. Aaron Edwards (“Edwards”) is an individual who resides in Tarrant County, Texas. 6 Plaintiff J. Mark Earley (“Earley”) is an individual who resides in Dallas County, Texas. 7 Plaintiff Brian Fox (“Fox”) is an individual who resides in Tarrant County, Texas. 8. Defendant fifteenfortyseven Critical Realty Systems, LLC (“1547 CRS”) is a limited liability company organized and existing under the laws of the State of Delaware with its principal place of business in Matawan, New Jersey, and may be served with service of process at its principal office in Texas located at 8111 LBJ Freeway, Suite 810, Dallas, Texas 75251, through Corey Welp or any other managing agent at such location. PLAINTIFFS’ ORIGINAL PETITION PAGE2, 9. Defendant Corey Welp (’Welp”) is an individual who resides in Dallas County, Texas, and may be served with service of process at his place of residence, 3129 Stanford Avenue, Dallas, Texas 75225, or at his principal place of business, at 8111 LBJ Freeway, Suite 810, Dallas, Texas 75251. 10. Defendant U.S. Data Center Portfolio Manager, LLC (“Portfolio Manager”), is a limited liability company organized and existing under the laws of the State of Delaware, with its principal place of busines in Matawan, New Jersey, and may be served with service of process through its registered agent, Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808. 11. Defendant Ramland Holdings II, LLC (“Holdings II”), is a limited liability company organized and existing under the laws of the State of Delaware, with its principal place of business in Matawan, New Jersey, and may be served with service of process through its registered agent, Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808. 12. Defendant 1 Ramland Road Management, LLC (“Ramland Management”), is a limited liability company organized and existing under the laws of the State of Delaware, with its principal place of business in Matawan, New Jersey, and may be served with service of process through its registered agent, Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808. PLAINTIFFS’ ORIGINAL PETITION PAGE3 Il. JURISDICTION AND VENUE 13. This Court has subject matter jurisdiction over this cause pursuant to Article V, Section 8 of the Texas Constitution and Section 24.007 of the Texas Government Code. 14. This Court has personal jurisdiction over Welp because he is a resident of Texas, committed torts in Texas against Texas residents, and does business in Texas within the meaning of Section 17.042 of the Texas Civil Practice & Remedies Code. This Court has personal jurisdiction over 1547 CSR because it maintains a place of business in Texas, committed torts in Texas or directed tortious conduct into Texas that harmed Texas residents, and does business in Texas within the meaning of Section 17.042 of the Texas Civil Practice & Remedies Code. This Court has personal jurisdiction over Portfolio Manager, Holdings II, and Ramland Management because they committed torts in Texas or directed tortious conduct into Texas that harmed Texas residents, and do business in Texas within the meaning of Section 17.042 of the Texas Civil Practice & Remedies Code. 15. Venue is proper in Dallas County pursuant to Section 15.002(a) of the Texas Civil Practice & Remedies Code because all or a substantial part of the events or omissions giving rise to Plaintiffs’ claims occurred in Dallas County, 1547 CSR has its principal office in Texas located in Dallas County, and Welp resides in Dallas County. Iv. FACTUAL ALLEGATIONS 16. Defendant 1547 CSR was formed as a Delaware limited liability company on or about April 6, 2011, under the name 1547 Realty Partners, LLC, and was renamed PLAINTIFFS’ ORIGINAL PETITION PAGE4 as fifteenfortyseven Critical Systems Realty, LLC (“1547 CSR”) on or about January 28, 2014. The co-founders and managers of 1547 CSR are Welp, Todd Raymond, Patrick Hynes, and Gerald Martin. 17. In February 2012, Welp contacted Edwards about a “great deal.” Welp represented that his company, then known as 1547 Realty Partners, had been working on a transaction in New York for over a year and had a commitment from a large investment firm for $100 million in capital for the deal, a speculative data center that had no existing tenant leases or letters of intent. 18. Welp represented to Edwards that 1547 CSR chose not to be in business with this investment firm “for multiple reasons we can discuss.” Welp further represented that an easement issue had been resolved more quickly than anticipated, and that “Cablevision called me to let me know that they had chosen us as their data center solution.” 19. At Welp’s urging, Edwards informed Earley and Fox of this opportunity and put them in communication with Welp. 20. In connection with this solicitation, Welp provided Edwards, Earley, and Fox with a “confidential” investment summary entitled “New York Data Center Opportunity Orangeburg, New York” from 1547 RP dated February 2012 (the “2012 Offering Memo”). 21. The New York Data Center Opportunity was a parcel of approximately 32 acres of land containing a 232,000 square foot building located at 1 Ramland Road, PLAINTIFFS’ ORIGINAL PETITION PAGES Orangeburg, New York 10962 (the “Orangeburg Property”) that 1547 CSR proposed to convert into a data center. 22, The 2012 Offering Memo touted the experience and expertise of the founders of 1547 CSR and promoted the New York Data Center project as an extraordinary opportunity. The 2012 Offering Memo represented that through its “extensive industry relationships” 1547 CSR was able to focus on acquisition and development projects where data center users drive dema