Preview
Cause No.
River Oaks Property Owners, Inc.,
Plaintiff
Haidar Barbouti and 2300 River
In the District Court of
Oaks, Inc.,
Defendant
Harris County, Texas
Mark Shinder,
Intervenor.
Defendant’s First Amended Notice of Intent to take the Oral and Videotaped Deposition of
he Corporate Representative(s) of Plaintiff River Oaks Property Owners, Inc.
Please take notice that, pursuant to Rule 199 of the Texas Rules of Civil Procedure,
Defendant 2300 River Oaks, Inc. (“Defendant”) by and through its counsel of record, will take the
oral deposition of the corporate representative(s) of Plaintiff River Oaks Property Owners, Inc.
(“ROPO”) on August 25, 2023 at 10:00 a.m. The deposition will take place via Zoom before
certified court reporter and will be videotaped.
The corporate representative(s) should be prepared to testify regarding the Topics of
Examinationlisted below.
EXHIBIT A
Respectfully submitted,
Meade Neese & Barr LLP
/s/ Holly H. Barnes
D. John Neese, Jr.
Texas Bar No. 24002678
Andrew K. Meade
Texas Bar No. 24032854
Holly H. Barnes
Texas Bar No. 24045451
Meade Neese & Barr LLP
2118 Smith Street
Houston, Texas 77002
713-355-1200 (phone)
jneese@mnbllp.com
ameade@mnbllp.com
hbarnes@mnbllp.com
Attorneys for Defendant
2300 River Oaks, Inc.
Certificate of Service
I hereby certify that a true and correct copy of the foregoing document was served on the
following counsel of record by electronic service on August 16, 2023.
Gregg S. Weinberg gweinberg@rmwbh.com
Attorneys for River Oaks Property
Owners, Inc.
Ashish Mahendru amanendru@thelitigationgroup.com
Attorneys for Mark Shinder
/s/ Holly H. Barnes
Holly H. Barnes
Definitions and Instructions
“ROPO” as used herein means River Oaks Property Owners Association, Inc.,
including without limitation agents, attorneys, employees, and representatives.
“You” and “Your” as used herein mean ROPO.
Shinder” as used herein means Intervenor Mark Shinder, including his agents,
representatives, and attorneys.
“Defendant” as used herein means 2300 River Oaks, Inc.
“Lot 1” as used herein shall mean the real property commonly known as 2300 River
Oaks Boulevard, Houston, Texas 77019 and more specifically defined as Lot 1 and TR2A Block
27, River Oaks, Section 6.
“Lot 3” as used herein shall mean the real property commonly known as 2330 River
Oaks Boulevard, Houston, Texas 77019 and more specifically defined as Lot 3, Block 27, River
Oaks, Section 6.
“Lot 4” as used herein shall mean the real property commonly known as 2320 River
Oaks Boulevard, Houston, Texas 77019, and more specifically defined as Lot 4, Block 27, River
Oaks, Section 6.
“River Oaks” as used herein means the approximately 1,100 acres of River Oaks
over which ROPO contends that its deed restrictions apply.
“And” as well as “or” shall be construed disjunctively or conjunctively as necessary
to bring within the scope of any request a response that might otherwise be construed to be outside
its scope; and as used herein, the singular shall include the plural and the plural shall include the
singular, except as the context may otherwise require. The masculine includes the feminine; and
the feminine includes the masculine.
“Relating to,” “relates to,” “related to,” “regarding,” and “in relation to” mean
constituting or evidencing, and directly or indirectly mentioning, describing, referring to,
pertaining to, being connected with, reflecting upon, or concerning the stated subject matter.
The words “any” and “all” shall be considered to include “each” and “each and
every.”
The singular of any word shall include the plural, and the plural of any word shall
include the singular. The masculine form shall include the feminine and neutral forms. The terms
“and” and “or” shall mean “and/or” inclusively.
The use of a verb in any tense shall be const rued as the use of the verb in all other
tenses as well, and a plural noun shall be construed as a singular noun and a singular noun shall be
construed as a plural noun, as necessary to bring within the scope of a request all responses which
might otherwise be construed to be outside its scope.
Topics of Examination
The formation and incorporation of ROPO.
The organization structure of ROPO.
ROPO’s enforcement of deed restrictions, restrictive covenants, and/or setback
requirements within River Oaks, including specifically but not limited to Section
The deed restrictions applicable to Lot 1, including but not limited to the history
of any amendments thereto and the records related to any such amendments.
ROPO’s knowledge of the improvements on Lot 1, including specifically the date
on which ROPO first learned of any alleged encroachment of any setback on Lot 1.
ROPO’s correspondence to and from he owner of Lot 1 relating to or referring to
any alleged violation of any deed restrictions, restrictive covenants, and/or setback requirements
ROPO’s receipt of payment , plans, and/or applications for any improvement on
Lot1, Lot 3, and/or Lot 4.
ROPO’s policies and procedures for approving construction on properties within
River Oaks, including specifically the Policies and Procedures with Architectural Review and
Approval Process.
ROPO’soperations during the COVID 19 pandemic, including specifically the
policies and procedures in place for manning the ROPO offices and for approving construction
during the pandemic.
ROPO’s policies and procedures for granting or approving variances or waivers to
any deed restrictions, restrictive covenants, and/or setback requirements.
All properties within River Oaks on which some or all of the improvements or
outbuildings are within the setback requirements found within the deed restrictions or restrictive
covenants for such property, including the date on whichROPO discovered the encroachment
and whether ROPO sought to enforce the setback requirement, waived it, abandoned it, granted a
variance, or otherwise addressed the violation.
The identity of each property, including owner and address, for which ROPO has
granted a variance for any potential violation of any applicable setback requirement.
All assertions or claims made by any person or entity that ROPO is improperly
operated as a property owners’ association.
Any waiver or variance granted to Lot 1, Lot 3,and/or Lot 4 with respect to any
deed restrictions, restrictive covenants, and/or setback requirements, including specifically the
policies and procedures applied in determining or granting any such waiver or varianceand the
individuals involved in such determination.
Any measurement, studies or surveys done by ROPO or on ROPO’s behalf related
to the location of any improvements on Lot 1, Lot 3, and /or Lot 4 and the proximity of any
improvements to any property lines.
ROPO’s correspondence with Shinder related to Lot 1, Defendant, and/or Haidar
Barbouti.
The alleged damages caused to ROPO by any improvement to Lot 1.
0760, v. 1
Preview
Cause No. River Oaks Property Owners, Inc., Plaintiff Haidar Barbouti and 2300 River In the District Court of Oaks, Inc., Defendant Harris County, Texas Mark Shinder, Intervenor. Defendant’s First Amended Notice of Intent to take the Oral and Videotaped Deposition of he Corporate Representative(s) of Plaintiff River Oaks Property Owners, Inc. Please take notice that, pursuant to Rule 199 of the Texas Rules of Civil Procedure, Defendant 2300 River Oaks, Inc. (“Defendant”) by and through its counsel of record, will take the oral deposition of the corporate representative(s) of Plaintiff River Oaks Property Owners, Inc. (“ROPO”) on August 25, 2023 at 10:00 a.m. The deposition will take place via Zoom before certified court reporter and will be videotaped. The corporate representative(s) should be prepared to testify regarding the Topics of Examinationlisted below. EXHIBIT A Respectfully submitted, Meade Neese & Barr LLP /s/ Holly H. Barnes D. John Neese, Jr. Texas Bar No. 24002678 Andrew K. Meade Texas Bar No. 24032854 Holly H. Barnes Texas Bar No. 24045451 Meade Neese & Barr LLP 2118 Smith Street Houston, Texas 77002 713-355-1200 (phone) jneese@mnbllp.com ameade@mnbllp.com hbarnes@mnbllp.com Attorneys for Defendant 2300 River Oaks, Inc. Certificate of Service I hereby certify that a true and correct copy of the foregoing document was served on the following counsel of record by electronic service on August 16, 2023. Gregg S. Weinberg gweinberg@rmwbh.com Attorneys for River Oaks Property Owners, Inc. Ashish Mahendru amanendru@thelitigationgroup.com Attorneys for Mark Shinder /s/ Holly H. Barnes Holly H. Barnes Definitions and Instructions “ROPO” as used herein means River Oaks Property Owners Association, Inc., including without limitation agents, attorneys, employees, and representatives. “You” and “Your” as used herein mean ROPO. Shinder” as used herein means Intervenor Mark Shinder, including his agents, representatives, and attorneys. “Defendant” as used herein means 2300 River Oaks, Inc. “Lot 1” as used herein shall mean the real property commonly known as 2300 River Oaks Boulevard, Houston, Texas 77019 and more specifically defined as Lot 1 and TR2A Block 27, River Oaks, Section 6. “Lot 3” as used herein shall mean the real property commonly known as 2330 River Oaks Boulevard, Houston, Texas 77019 and more specifically defined as Lot 3, Block 27, River Oaks, Section 6. “Lot 4” as used herein shall mean the real property commonly known as 2320 River Oaks Boulevard, Houston, Texas 77019, and more specifically defined as Lot 4, Block 27, River Oaks, Section 6. “River Oaks” as used herein means the approximately 1,100 acres of River Oaks over which ROPO contends that its deed restrictions apply. “And” as well as “or” shall be construed disjunctively or conjunctively as necessary to bring within the scope of any request a response that might otherwise be construed to be outside its scope; and as used herein, the singular shall include the plural and the plural shall include the singular, except as the context may otherwise require. The masculine includes the feminine; and the feminine includes the masculine. “Relating to,” “relates to,” “related to,” “regarding,” and “in relation to” mean constituting or evidencing, and directly or indirectly mentioning, describing, referring to, pertaining to, being connected with, reflecting upon, or concerning the stated subject matter. The words “any” and “all” shall be considered to include “each” and “each and every.” The singular of any word shall include the plural, and the plural of any word shall include the singular. The masculine form shall include the feminine and neutral forms. The terms “and” and “or” shall mean “and/or” inclusively. The use of a verb in any tense shall be const rued as the use of the verb in all other tenses as well, and a plural noun shall be construed as a singular noun and a singular noun shall be construed as a plural noun, as necessary to bring within the scope of a request all responses which might otherwise be construed to be outside its scope. Topics of Examination The formation and incorporation of ROPO. The organization structure of ROPO. ROPO’s enforcement of deed restrictions, restrictive covenants, and/or setback requirements within River Oaks, including specifically but not limited to Section The deed restrictions applicable to Lot 1, including but not limited to the history of any amendments thereto and the records related to any such amendments. ROPO’s knowledge of the improvements on Lot 1, including specifically the date on which ROPO first learned of any alleged encroachment of any setback on Lot 1. ROPO’s correspondence to and from he owner of Lot 1 relating to or referring to any alleged violation of any deed restrictions, restrictive covenants, and/or setback requirements ROPO’s receipt of payment , plans, and/or applications for any improvement on Lot1, Lot 3, and/or Lot 4. ROPO’s policies and procedures for approving construction on properties within River Oaks, including specifically the Policies and Procedures with Architectural Review and Approval Process. ROPO’soperations during the COVID 19 pandemic, including specifically the policies and procedures in place for manning the ROPO offices and for approving construction during the pandemic. ROPO’s policies and procedures for granting or approving variances or waivers to any deed restrictions, restrictive covenants, and/or setback requirements. All properties within River Oaks on which some or all of the improvements or outbuildings are within the setback requirements found within the deed restrictions or restrictive covenants for such property, including the date on whichROPO discovered the encroachment and whether ROPO sought to enforce the setback requirement, waived it, abandoned it, granted a variance, or otherwise addressed the violation. The identity of each property, including owner and address, for which ROPO has granted a variance for any potential violation of any applicable setback requirement. All assertions or claims made by any person or entity that ROPO is improperly operated as a property owners’ association. Any waiver or variance granted to Lot 1, Lot 3,and/or Lot 4 with respect to any deed restrictions, restrictive covenants, and/or setback requirements, including specifically the policies and procedures applied in determining or granting any such waiver or varianceand the individuals involved in such determination. Any measurement, studies or surveys done by ROPO or on ROPO’s behalf related to the location of any improvements on Lot 1, Lot 3, and /or Lot 4 and the proximity of any improvements to any property lines. ROPO’s correspondence with Shinder related to Lot 1, Defendant, and/or Haidar Barbouti. The alleged damages caused to ROPO by any improvement to Lot 1. 0760, v. 1