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FILED
6/29/2022 3:46 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
CAUSE NO. DC-21-04901
TONY EVANS SR., and ARETHA EVANS, IN THE DISTRICT COURT
§§§§§§§§§§§§§§§§§§§§
Individually and 0n behalf of their minor son,
T.E., deceased, FAITH TANKSLEY 0n behalf of
minor T.E., III, Individually and on behalf of
His father, T.E., deceased and
DEON WILLIAMS,
Plaintiffs,
v. 162ND JUDICIAL DISTRICT
TASACOM REAL ESTATE, LLC d/b/a
HAWTHORN SUITES DALLAS LOVE FIELD
HAWTHORN SUITES FRANCHISING, INC.,
WYNDHAM HOTELS & RESORTS, INC.,
MOHAMMAD SADIQ NOSHAHI,
DIAMOND STAFFING SERVICES, LLC, and
WYNDHAM HOTEL GROUP, LLC,
Defendants. DALLAS COUNTY, TEXAS
DEFENDANTS TASACOM REAL ESTATE, LLC D/B/A HAWTHORN SUITES DALLAS
LOVE FIELD, MOHAMMAD SADIQ NOSHAHI AND DIAMOND STAFFING
SERVICES, LLC’S MOTION FOR LEAVE TO DESIGNATE UNKNOWN ASSAILAN TS
AS RESPONSIBLE TIHRD PARTIES
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW TASACOM REAL ESTATE, LLC D/B/A HAWTHORN SUITES
DALLAS LOVE FIELD, MOHAMMAD SADIQ NOSHAHI AND DIAMOND STAFFING
SERVICES, LLC, Defendants in the above-entitled and numbered cause, and ask leave of Court to
designate unknown assailants as responsible third parties pursuant to §33.004 Texas Civil Practice
and Remedies Code, and in support thereof would respectfully show as follows:
I.
BACKGROUND
1. This premises liability case arises out of the murder of one minor and aggravated
assault of another minor in Dallas, Texas.1 The perpetrator of this crime is now believed to be
Keyshawn Harris.2
2. On or about April 11, 2021, Decedent T.E. (“Decedent”) and Plaintiff Deon
Williams went to a hotel room at the Hawthorne Suites Dallas Love Field located at 7900
Brookriver Drive, Dallas, Texas 75347. According to Deon Williams, a female with whom T.E.
was acquainted invited him to come to the hotel. Upon arrival, there were other people in the hotel
room. Per Williams’ deposition testimony, after about 45 minutes to one hour, all males left the
room except for T.E., Williams, and another male relative of T.E. Shortly thereafter, one of the
males who had been in the hotel room returned to the room and shot Decedent and Williams as
they tried to leave. T.E. died from his injuries. Shortly after the incident occurred, Keyshawn Harris
(“Harris”) was arrested and indicted by a grand jury on the charges of the murder of Decedent and
aggravated assault of Williams.3
3. Evidence obtained in discovery, including Williams’ deposition testimony, suggests
that one or more unknown persons may have aided Harris in his alleged criminal acts against
Williams and T.E., including acting as a getaway driver. To date, the identity of these persons,
hereinafter referred to as John Doe Assailants, remains unknown to the parties in this litigation.
1
Deon Williams was a minor at the time of the aggravated assault but has since turned 18 and now pursues this claim
on his own behalf.
2
Dallas PD arrested Keyshawn Harris soon after the event, and he is in jail pending trial. Deon Williams, in his
deposition, testified that he believes Dallas PD arrested the right person based upon his own memory of events and
the appearance of the shooter.
3
Defendants have already moved for leave to bring a third-party action against Harris. See Defendants’ Motion for
Leave to File Third-Party Petition, filed with this Court on June 24, 2022.
2
II
CULPABILITY AND WRONGDOING OF JOHN DOE ASSAILAN TS
4. Plaintiffs’ injuries and damages were proximately caused by the wrongful,
tortious acts and omissions of John Doe Assailants as described above, herein.
5. John Doe Assailants were in clear Violation of the Texas Penal Code.
Specifically, John Doe Assailants violated the following provisions of the Texas Penal Code:
a. intentionally, knowingly, or recklessly causing or threatening to cause
bodily injury to another or intentionally, knowingly, or recklessly
causing physical contact with another when the person knows or should
reasonably believe that the other will regard the contact as offensive or
provocative, in Violation of Tex. Penal Code § 22.01;
using or exhibiting a deadly weapon in the commission of an assault, as
defined by Tex. Penal Code § 22.01, and causing serious bodily injury,
in violation of Tex. Penal Code § 22.02;
intentionally or knowingly causing the death of an individual, in
violation of Tex. Penal Code § 19.02(b)(l);
intending to cause serious bodily injury and committing an act clearly
dangerous to human life that causes the death of an individual, in
violation of Tex. Penal Code § 19.02(b)(2);
committing or attempting to commit a felony, other than manslaughter,
and in the course of and in furtherance of the commission or attempt, or
in immediate flight from the commission or attempt, he commits or
attempts to commit an act clearly dangerous to human life that causes
the death of an individual, in violation of Tex. Penal Code § l9.02(b)(3);
f. committing an act, with specific intent to commit an offense, amounting
to more than mere preparation that tends but fails to effect the
commission of the offense intended, in Violation of Tex. Penal Code §
15.01;
g. engaging in criminal conspiracy with intent that a felony be committed
by agreeing with one or more persons that they or one or more of them
engage in conduct that would constitute the offense, and one or more of
the persons performs an overt act in pursuance of the agreement, in
Violation of Tex. Penal Code § 15.02;
h. causing or aiding an innocent or nonresponsible person to engage in
conduct prohibited by the definition of the offense While acting with the
kind of culpability required for the offense, in Violation of Tex. Penal
Code § 7.02(a)(1);
i. soliciting, encouraging, directing, aiding, or attempting to aid the other
person to commit the offense while acting with intent to promote or
assist the commission of the offense, in Violation of Tex. Penal Code §
7.02(a)(2); and
j. failing to make a reasonable effort to prevent commission of the offense
while having a legal duty to prevent commission of the offense and
acting with intent to promote or assist its commission, in violation of
Tex. Penal Code § 7.02(a)(3).
6. In the absence of the criminal acts or omissions of John Doe Assailants, in
violation of the Texas Penal Code as stated herein, the injuries allegedly sustained by
Plaintiffs would not have occurred at all. John Doe Assailants’ Violations therefore constitute,
in whole or in part, the proximate cause of any and all damages Plaintiffs allege to have
sustained.
III.
ARGUMENT AND AUTHORITIES
7. Pursuant to Section 33.004 of the Texas Civil Practice and Remedies Code,
Defendants move for leave to designate John Doe Assailants as responsible third parties for all
claims of damage related to the subject incident. In so doing, Defendants do not admit that
Plaintiffs’ allegations are true, but would further show the damages of which Plaintiffs complain
were proximately caused by the wrongful acts or omissions of John Doe Assailants. These alleged
tortious, wrongfiil, and illegal acts and omissions of John Doe Assailants were the proximate, sole
proximate, superseding and/or intervening cause of Plaintiffs’ damages, if any, arising out of the
April 11, 2021 incident, of which complaint is made in this suit. John Doe Assailants’ alleged acts
and omissions in violation of the Texas Penal Code proximately caused Plaintiffs’ alleged injures,
and John Doe Assailants meet the statutory definition of a responsible third party and is so
designated in this case. See TEX. CIV. PRAC. & REM. CODE § 33.011(6).
8. Tex. Civ. Prac. & Rem. Code § 33.004 requires only that the responsible third-party
pleading comply with the Texas Rules of Civil Procedure. “To plead sufficient facts on a motion
for leave to designate a responsible third party under Section 30.004, a movant must satisfy only
this fair-notice requirement.” In re YRC, Ina, ---
S.W.3d ---, No. 21-0846, 2022 WL 2183065, at
*3 (Tex. Jun. 17, 2022). Tex. R. Civ. P. 47(a), which sets forth notice pleading requirements,
stipulates only that a pleading provide “a short statement of the cause of action sufiicient to give
fair notice of the claim involved.” “So long as a party can ascertain from the pleading the nature,
basic issues, and type of evidence that might be relevant to the controversy, a pleading satisfies
5
the Rule 47(a) standard.” In re YRC, Inc., 2022 WL 2183065, at *3. In this Motion, Defendants
satisfy this requirement.
9. Pursuant to Tex. CiV. Prac. & Rem. Code § 33.0040), because Defendants have
pled facts sufficient for the Court to determine that there is a reasonable probability that the act of
the unknown person was criminal and thus satisfied the notice requirement, the Court shall grant
leave to designate John Doe Assailants as responsible third parties. Upon granting of such a
motion, John Doe Assailants are designated as responsible third parties for purposes of Section
33.004 Without further action by the Court or any party. See TEX. CIV. PMC. & REM. CODE §
33.004(h).
10. Under Section 33.004(a) of the Texas Civil Practice and Remedies Code,
Defendants may designate any third party that is potentially responsible for Plaintiffs’ damages on
or before the sixtieth day before the trial date. See also In re Coppola, 535 S.W.3d 506, 508 (Tex.
2017) (a motion to designate a responsible third party is timely so long as it is filed before the
pending trial date). Trial in this matter is set for January 10, 2023. Accordingly, Defendants’
designation of this responsible third party is timely.
11. Defendants Tasacom Real Estate d/b/a Hawthorn Suites Dallas Love Field,
Mohammad Sadiq Noshahi, and Diamond Stafiing Services, LLC therefore move for leave to
designate John Doe Assailants as a responsible third parties to ensure the right to submit their
conduct to the fact finder at time of trial, and so that justice may be done.
IV.
CONCLUSION AND PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendants Tasacom Real Estate d/b/a
Hawthorn Suites Dallas Love Field, Mohammad Sadiq Noshahi, and Diamond Staffing Services,
LLC pray that the Court grant leave to designate John Doe Assailants as responsible third parties
6
pursuant to the provisions of Section 33.004 of the Texas Civil Practice and Remedies Code, and
for such other and further relief to which Defendants may show themselves justly entitled, at law
or in equity.
Respectfully submitted,
THOMPSON, COE, COUSH\IS & IRONS, L.L.P.
By: /s/ Tasha L. Barnes
Tasha L. Barnes
State Bar No. 00796163
Eva M. C. DeLeon
State Bar No. 24074774
Morgan J. Wells
State Bar No. 24106562
Samantha C. J effers
State Bar No. 24120924
701 Brazos Suite 1500
Austin, Texas 78701
Phone: (512) 708-8200
Fax: (512) 708-8777
Email: tbames@thompsoncoe.com
Email: edeleon@thompsoncoe.com
Email: mwells@thompsoncoe.com
Email: sieffers@thompsoncoe.com
ATTORNEYS FOR DEFENDAN TS/
THIRD-PARTY PLAINTIFFS
TASACOM REAL ESTATE, LLC D/B/A
HAWTHORN SUITES DALLAS LOVE
FIELD, MOHAMMAD SADIQ NOSHAHI
AND DIAMOND STAFFING SERVICES,
LLC
CERTIFICATE OF SERVICE
By my signature above, I hereby certify that a true and correct copy of the foregoing has been
delivered on this the 29th day of June, 2022, to the following counsel of record Via e-service:
Nuru Witherspoon Jason Hopkins
Emily Taylor DLA PIPER LLP (US)
The Witherspoon Law Group, PLLC 1900 N. Pearl St., Suite 2200
5565 Deer Creek, Unit A Dallas, Texas 75201
Dallas, Texas 75228 Jason.hopkins@dlapiper.com
Witherspoonébtwlglawvers.com
taylor@twlglawyers.com And
ATTORNEYS FOR PLAINTIFF
Christopher B. Donovan
DLA PIPER LLP (US)
1000 Louisiana Street, Suite 2800
Houston, Texas 77002
Christopherb.donovan@dlapiper.com
ATTORNEYS FOR DEFENDANTS
HAWTHORN SUITES FRANCHISING,
INC. AND WYNDHAM HOTELS &
RESORTS, INC.
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.
Kiyomi Armistead on behalf of Tasha Barnes
Bar No. 00796163
KArmistead@thompsoncoe.com
Envelope ID: 65900746
Status as of 6/29/2022 3:57 PM CST
Associated Case Party: TASACOM REAL ESTATE, LLC
Name BarNumber Email TimestampSubmitted Status
Tasha LBarnes tbarnes@thompsoncoe.com 6/29/2022 3:46:29 PM SENT
Morgan Wells mwells@thompsoncoe.com 6/29/2022 3:46:29 PM SENT
Samantha Jeffers sjeffers@thompsoncoe.com 6/29/2022 3:46:29 PM SENT
Associated Case Party: HAWTHORN SUITES FRANCHISING, INC.
Name BarNumber Email TimestampSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 6/29/2022 3:46:29 PM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 6/29/2022 3:46:29 PM SENT
Ronald DHinds rdhinds@verizon.net 6/29/2022 3:46:29 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
RoseMarie Chambers rose.chambers@dlapiper.com 6/29/2022 3:46:29 PM SENT
NURU WITHERSPOON witherspoon@twlglawyers.com 6/29/2022 3:46:29 PM SENT
Ronald DHinds rdhinds@verizon.net 6/29/2022 3:46:29 PM SENT
Witherspoon Litigation |itigation@twlglawyers.com 6/29/2022 3:46:29 PM SENT
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Name BarNumber Email TimestampSubmitted Status
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 6/29/2022 3:46:29 PM SENT
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 6/29/2022 3:46:29 PM SENT
Ronald DHinds rdhinds@verizon.net 6/29/2022 3:46:29 PM SENT
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.
Kiyomi Armistead on behalf of Tasha Barnes
Bar No. 00796163
KArmistead@thompsoncoe.com
Envelope ID: 65900746
Status as of 6/29/2022 3:57 PM CST
Associated Case Party: TONY EVANS
Name BarNumber Email TimestampSubmitted Status
Nuru Witherspoon witherspoon@twlglawyers.com 6/29/2022 3:46:29 PM SENT
Witherspoon Litigation litigation@twlglawyers.com 6/29/2022 3:46:29 PM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 6/29/2022 3:46:29 PM SENT
Emily Taylor taylor@twlglawyers.com 6/29/2022 3:46:29 PM SENT
Associated Case Party: T. E.
Name BarNumber Email TimestampSubmitted Status
Nuru Witherspoon Witherspoon@twlglawyers.com 6/29/2022 3:46:29 PM SENT
Emily Taylor taylor@tw|glawyers.com 6/29/2022 3:46:29 PM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 6/29/2022 3:46:29 PM SENT
Associated Case Party: MOHAMMADSADIQNOSHAHI
Name BarNumber Email TimestampSubmitted Status
Ronald DHinds rdhinds@verizon.net 6/29/2022 3:46:29 PM SENT
Eva DeLeon edeleon@thompsoncoe.com 6/29/2022 3:46:29 PM SENT
Associated Case Party: ARETHA EVANS
Name BarNumber Email TimestampSubmitted Status
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 6/29/2022 3:46:29 PM SENT
Emily Taylor taylor@twlg|awyers.com 6/29/2022 3:46:29 PM SENT
Nuru Witherspoon Witherspoon@twlglawyers.com 6/29/2022 3:46:29 PM SENT
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FILED 6/29/2022 3:46 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY CAUSE NO. DC-21-04901 TONY EVANS SR., and ARETHA EVANS, IN THE DISTRICT COURT §§§§§§§§§§§§§§§§§§§§ Individually and 0n behalf of their minor son, T.E., deceased, FAITH TANKSLEY 0n behalf of minor T.E., III, Individually and on behalf of His father, T.E., deceased and DEON WILLIAMS, Plaintiffs, v. 162ND JUDICIAL DISTRICT TASACOM REAL ESTATE, LLC d/b/a HAWTHORN SUITES DALLAS LOVE FIELD HAWTHORN SUITES FRANCHISING, INC., WYNDHAM HOTELS & RESORTS, INC., MOHAMMAD SADIQ NOSHAHI, DIAMOND STAFFING SERVICES, LLC, and WYNDHAM HOTEL GROUP, LLC, Defendants. DALLAS COUNTY, TEXAS DEFENDANTS TASACOM REAL ESTATE, LLC D/B/A HAWTHORN SUITES DALLAS LOVE FIELD, MOHAMMAD SADIQ NOSHAHI AND DIAMOND STAFFING SERVICES, LLC’S MOTION FOR LEAVE TO DESIGNATE UNKNOWN ASSAILAN TS AS RESPONSIBLE TIHRD PARTIES TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW TASACOM REAL ESTATE, LLC D/B/A HAWTHORN SUITES DALLAS LOVE FIELD, MOHAMMAD SADIQ NOSHAHI AND DIAMOND STAFFING SERVICES, LLC, Defendants in the above-entitled and numbered cause, and ask leave of Court to designate unknown assailants as responsible third parties pursuant to §33.004 Texas Civil Practice and Remedies Code, and in support thereof would respectfully show as follows: I. BACKGROUND 1. This premises liability case arises out of the murder of one minor and aggravated assault of another minor in Dallas, Texas.1 The perpetrator of this crime is now believed to be Keyshawn Harris.2 2. On or about April 11, 2021, Decedent T.E. (“Decedent”) and Plaintiff Deon Williams went to a hotel room at the Hawthorne Suites Dallas Love Field located at 7900 Brookriver Drive, Dallas, Texas 75347. According to Deon Williams, a female with whom T.E. was acquainted invited him to come to the hotel. Upon arrival, there were other people in the hotel room. Per Williams’ deposition testimony, after about 45 minutes to one hour, all males left the room except for T.E., Williams, and another male relative of T.E. Shortly thereafter, one of the males who had been in the hotel room returned to the room and shot Decedent and Williams as they tried to leave. T.E. died from his injuries. Shortly after the incident occurred, Keyshawn Harris (“Harris”) was arrested and indicted by a grand jury on the charges of the murder of Decedent and aggravated assault of Williams.3 3. Evidence obtained in discovery, including Williams’ deposition testimony, suggests that one or more unknown persons may have aided Harris in his alleged criminal acts against Williams and T.E., including acting as a getaway driver. To date, the identity of these persons, hereinafter referred to as John Doe Assailants, remains unknown to the parties in this litigation. 1 Deon Williams was a minor at the time of the aggravated assault but has since turned 18 and now pursues this claim on his own behalf. 2 Dallas PD arrested Keyshawn Harris soon after the event, and he is in jail pending trial. Deon Williams, in his deposition, testified that he believes Dallas PD arrested the right person based upon his own memory of events and the appearance of the shooter. 3 Defendants have already moved for leave to bring a third-party action against Harris. See Defendants’ Motion for Leave to File Third-Party Petition, filed with this Court on June 24, 2022. 2 II CULPABILITY AND WRONGDOING OF JOHN DOE ASSAILAN TS 4. Plaintiffs’ injuries and damages were proximately caused by the wrongful, tortious acts and omissions of John Doe Assailants as described above, herein. 5. John Doe Assailants were in clear Violation of the Texas Penal Code. Specifically, John Doe Assailants violated the following provisions of the Texas Penal Code: a. intentionally, knowingly, or recklessly causing or threatening to cause bodily injury to another or intentionally, knowingly, or recklessly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative, in Violation of Tex. Penal Code § 22.01; using or exhibiting a deadly weapon in the commission of an assault, as defined by Tex. Penal Code § 22.01, and causing serious bodily injury, in violation of Tex. Penal Code § 22.02; intentionally or knowingly causing the death of an individual, in violation of Tex. Penal Code § 19.02(b)(l); intending to cause serious bodily injury and committing an act clearly dangerous to human life that causes the death of an individual, in violation of Tex. Penal Code § 19.02(b)(2); committing or attempting to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual, in violation of Tex. Penal Code § l9.02(b)(3); f. committing an act, with specific intent to commit an offense, amounting to more than mere preparation that tends but fails to effect the commission of the offense intended, in Violation of Tex. Penal Code § 15.01; g. engaging in criminal conspiracy with intent that a felony be committed by agreeing with one or more persons that they or one or more of them engage in conduct that would constitute the offense, and one or more of the persons performs an overt act in pursuance of the agreement, in Violation of Tex. Penal Code § 15.02; h. causing or aiding an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense While acting with the kind of culpability required for the offense, in Violation of Tex. Penal Code § 7.02(a)(1); i. soliciting, encouraging, directing, aiding, or attempting to aid the other person to commit the offense while acting with intent to promote or assist the commission of the offense, in Violation of Tex. Penal Code § 7.02(a)(2); and j. failing to make a reasonable effort to prevent commission of the offense while having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, in violation of Tex. Penal Code § 7.02(a)(3). 6. In the absence of the criminal acts or omissions of John Doe Assailants, in violation of the Texas Penal Code as stated herein, the injuries allegedly sustained by Plaintiffs would not have occurred at all. John Doe Assailants’ Violations therefore constitute, in whole or in part, the proximate cause of any and all damages Plaintiffs allege to have sustained. III. ARGUMENT AND AUTHORITIES 7. Pursuant to Section 33.004 of the Texas Civil Practice and Remedies Code, Defendants move for leave to designate John Doe Assailants as responsible third parties for all claims of damage related to the subject incident. In so doing, Defendants do not admit that Plaintiffs’ allegations are true, but would further show the damages of which Plaintiffs complain were proximately caused by the wrongful acts or omissions of John Doe Assailants. These alleged tortious, wrongfiil, and illegal acts and omissions of John Doe Assailants were the proximate, sole proximate, superseding and/or intervening cause of Plaintiffs’ damages, if any, arising out of the April 11, 2021 incident, of which complaint is made in this suit. John Doe Assailants’ alleged acts and omissions in violation of the Texas Penal Code proximately caused Plaintiffs’ alleged injures, and John Doe Assailants meet the statutory definition of a responsible third party and is so designated in this case. See TEX. CIV. PRAC. & REM. CODE § 33.011(6). 8. Tex. Civ. Prac. & Rem. Code § 33.004 requires only that the responsible third-party pleading comply with the Texas Rules of Civil Procedure. “To plead sufficient facts on a motion for leave to designate a responsible third party under Section 30.004, a movant must satisfy only this fair-notice requirement.” In re YRC, Ina, --- S.W.3d ---, No. 21-0846, 2022 WL 2183065, at *3 (Tex. Jun. 17, 2022). Tex. R. Civ. P. 47(a), which sets forth notice pleading requirements, stipulates only that a pleading provide “a short statement of the cause of action sufiicient to give fair notice of the claim involved.” “So long as a party can ascertain from the pleading the nature, basic issues, and type of evidence that might be relevant to the controversy, a pleading satisfies 5 the Rule 47(a) standard.” In re YRC, Inc., 2022 WL 2183065, at *3. In this Motion, Defendants satisfy this requirement. 9. Pursuant to Tex. CiV. Prac. & Rem. Code § 33.0040), because Defendants have pled facts sufficient for the Court to determine that there is a reasonable probability that the act of the unknown person was criminal and thus satisfied the notice requirement, the Court shall grant leave to designate John Doe Assailants as responsible third parties. Upon granting of such a motion, John Doe Assailants are designated as responsible third parties for purposes of Section 33.004 Without further action by the Court or any party. See TEX. CIV. PMC. & REM. CODE § 33.004(h). 10. Under Section 33.004(a) of the Texas Civil Practice and Remedies Code, Defendants may designate any third party that is potentially responsible for Plaintiffs’ damages on or before the sixtieth day before the trial date. See also In re Coppola, 535 S.W.3d 506, 508 (Tex. 2017) (a motion to designate a responsible third party is timely so long as it is filed before the pending trial date). Trial in this matter is set for January 10, 2023. Accordingly, Defendants’ designation of this responsible third party is timely. 11. Defendants Tasacom Real Estate d/b/a Hawthorn Suites Dallas Love Field, Mohammad Sadiq Noshahi, and Diamond Stafiing Services, LLC therefore move for leave to designate John Doe Assailants as a responsible third parties to ensure the right to submit their conduct to the fact finder at time of trial, and so that justice may be done. IV. CONCLUSION AND PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants Tasacom Real Estate d/b/a Hawthorn Suites Dallas Love Field, Mohammad Sadiq Noshahi, and Diamond Staffing Services, LLC pray that the Court grant leave to designate John Doe Assailants as responsible third parties 6 pursuant to the provisions of Section 33.004 of the Texas Civil Practice and Remedies Code, and for such other and further relief to which Defendants may show themselves justly entitled, at law or in equity. Respectfully submitted, THOMPSON, COE, COUSH\IS & IRONS, L.L.P. By: /s/ Tasha L. Barnes Tasha L. Barnes State Bar No. 00796163 Eva M. C. DeLeon State Bar No. 24074774 Morgan J. Wells State Bar No. 24106562 Samantha C. J effers State Bar No. 24120924 701 Brazos Suite 1500 Austin, Texas 78701 Phone: (512) 708-8200 Fax: (512) 708-8777 Email: tbames@thompsoncoe.com Email: edeleon@thompsoncoe.com Email: mwells@thompsoncoe.com Email: sieffers@thompsoncoe.com ATTORNEYS FOR DEFENDAN TS/ THIRD-PARTY PLAINTIFFS TASACOM REAL ESTATE, LLC D/B/A HAWTHORN SUITES DALLAS LOVE FIELD, MOHAMMAD SADIQ NOSHAHI AND DIAMOND STAFFING SERVICES, LLC CERTIFICATE OF SERVICE By my signature above, I hereby certify that a true and correct copy of the foregoing has been delivered on this the 29th day of June, 2022, to the following counsel of record Via e-service: Nuru Witherspoon Jason Hopkins Emily Taylor DLA PIPER LLP (US) The Witherspoon Law Group, PLLC 1900 N. Pearl St., Suite 2200 5565 Deer Creek, Unit A Dallas, Texas 75201 Dallas, Texas 75228 Jason.hopkins@dlapiper.com Witherspoonébtwlglawvers.com taylor@twlglawyers.com And ATTORNEYS FOR PLAINTIFF Christopher B. Donovan DLA PIPER LLP (US) 1000 Louisiana Street, Suite 2800 Houston, Texas 77002 Christopherb.donovan@dlapiper.com ATTORNEYS FOR DEFENDANTS HAWTHORN SUITES FRANCHISING, INC. AND WYNDHAM HOTELS & RESORTS, INC. 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. Kiyomi Armistead on behalf of Tasha Barnes Bar No. 00796163 KArmistead@thompsoncoe.com Envelope ID: 65900746 Status as of 6/29/2022 3:57 PM CST Associated Case Party: TASACOM REAL ESTATE, LLC Name BarNumber Email TimestampSubmitted Status Tasha LBarnes tbarnes@thompsoncoe.com 6/29/2022 3:46:29 PM SENT Morgan Wells mwells@thompsoncoe.com 6/29/2022 3:46:29 PM SENT Samantha Jeffers sjeffers@thompsoncoe.com 6/29/2022 3:46:29 PM SENT Associated Case Party: HAWTHORN SUITES FRANCHISING, INC. Name BarNumber Email TimestampSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com 6/29/2022 3:46:29 PM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 6/29/2022 3:46:29 PM SENT Ronald DHinds rdhinds@verizon.net 6/29/2022 3:46:29 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status RoseMarie Chambers rose.chambers@dlapiper.com 6/29/2022 3:46:29 PM SENT NURU WITHERSPOON witherspoon@twlglawyers.com 6/29/2022 3:46:29 PM SENT Ronald DHinds rdhinds@verizon.net 6/29/2022 3:46:29 PM SENT Witherspoon Litigation |itigation@twlglawyers.com 6/29/2022 3:46:29 PM SENT Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Name BarNumber Email TimestampSubmitted Status Jason Hopkins 24059969 jason.hopkins@dlapiper.com 6/29/2022 3:46:29 PM SENT Christopher BDonovan Christopher.B.Donovan@dlapiper.com 6/29/2022 3:46:29 PM SENT Ronald DHinds rdhinds@verizon.net 6/29/2022 3:46:29 PM SENT 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. Kiyomi Armistead on behalf of Tasha Barnes Bar No. 00796163 KArmistead@thompsoncoe.com Envelope ID: 65900746 Status as of 6/29/2022 3:57 PM CST Associated Case Party: TONY EVANS Name BarNumber Email TimestampSubmitted Status Nuru Witherspoon witherspoon@twlglawyers.com 6/29/2022 3:46:29 PM SENT Witherspoon Litigation litigation@twlglawyers.com 6/29/2022 3:46:29 PM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 6/29/2022 3:46:29 PM SENT Emily Taylor taylor@twlglawyers.com 6/29/2022 3:46:29 PM SENT Associated Case Party: T. E. Name BarNumber Email TimestampSubmitted Status Nuru Witherspoon Witherspoon@twlglawyers.com 6/29/2022 3:46:29 PM SENT Emily Taylor taylor@tw|glawyers.com 6/29/2022 3:46:29 PM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 6/29/2022 3:46:29 PM SENT Associated Case Party: MOHAMMADSADIQNOSHAHI Name BarNumber Email TimestampSubmitted Status Ronald DHinds rdhinds@verizon.net 6/29/2022 3:46:29 PM SENT Eva DeLeon edeleon@thompsoncoe.com 6/29/2022 3:46:29 PM SENT Associated Case Party: ARETHA EVANS Name BarNumber Email TimestampSubmitted Status Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 6/29/2022 3:46:29 PM SENT Emily Taylor taylor@twlg|awyers.com 6/29/2022 3:46:29 PM SENT Nuru Witherspoon Witherspoon@twlglawyers.com 6/29/2022 3:46:29 PM SENT