On April 16, 2021 a
Stipulation,Agreement
was filed
involving a dispute between
Evans, Aretha,
Evans, Tony, Sr.,
Perkins, Monique,
Tanksley, Faith,
Williams, Deon,
and
Choudhury , Mmarooful,
Diamond Staffing Services, Llc,
Hawthorn Suites Franchising, Inc.,
Jain , Sanjeev,
Noshahi, Mohammad Sadiq,
Tasacom Real Estate, Llc,
Tasacom Technologies Inc,
Wyndham Hotel Group, Llc,
Wyndham Hotels & Resorts, Inc.,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
Preview
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA EVANS, ) IN THE DISTRICT COURT
individually and on behalf of their minor son, )
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, and )
DIAMOND STAFFING SERVICES, LLC, )
) DALLAS COUNTY, TEXAS
Defendants. )
AGREED AMENDED DISCOVERY AND DOCKET CONTROL
ORDER PLAN FOR LEVEL 3 CASE
In accordance with Rules 166, 190, and 191 of the Texas Rules of Civil Procedure, all
Parties agree and ask that the Court enter the following Order and set the following deadlines:
Date: TRIAL SETTING: Bench _xx_ Jury The trial of this cause is set for this date ("Initial
' Trial Setting").
January 10, 2023 Reset or continuance of the Initial Trial Setting will not alter any deadline established by
Time: 9:00 a.m. this Order or established by the Texas Rules of Civil Procedure, unless specifically provided
by Rule 11 of the parties or Court order after motion showing good cause.
Date: , 2022 FORMAL PRE-TRIAL CONFERENCE (Court will set). A pre-trial conference shall be held on this
date. Parties are encouraged to meet and confer prior to this date to determine agreed
Time: exhibits, deposition designations, and motions in limine.
Each party is directed to produce the following at the pre-trial conference:
(1) Parties shall file with the Court the materials stated in Rule 166(d)-(m), an estimate
of the length of trial, designation of deposition testimony to be offered in direct examination,
and any motions in limine.
(2) For jury case, proposed jury charge questions, instructions, and definitions should be
emailed in editable Word format to Court Coordinator.
(3) For nonjury case, proposed findings of fact and conclusions of law should also be
emailed in editable Word format to Court Coordinator.
October 10, 2022 Mediation Deadline. Mediation shall be completed on or before this date and report filed
with the Court. Case will not proceed to trial unless mediation is complete. The parties are to
use reasonable efforts to agree on a mediator. Should the parties be unable to reach
agreement, the Court will appoint a mediator.
Page 1 of 3
JOINDER 0F PARTIES. No additional parties may be joined after this date except on motion
July 1, 2022 for leave showing good cause. This paragraph does not alter the requirements of Texas Rule
of Civil Procedure 38.
NOTE: The party joining an additional party must serve a copy of this Order on the new
party concurrently with the pleading joining the new party.
AMENDED PLEADINGS. Parties shall file with the Court and serve all other parties with any
July 1, 2022 amended pleadings asserting new causes of action or defenses by this date. No additional
theories or allegations shall be pled after this date without prior leave of court based upon a
showing of good cause or by written agreement of the parties pursuant to a Rule 11
agreement.
Responses to such Amended Pleadings, including any and all affirmative defenses and/or
special exceptions may be filed within two (2) weeks after this deadline. No additional
affirmative defenses, inferential rebuttal defenses, or any other defensive theories shall be
pled after this date without prior leave of court based upon a showing of good cause or by
written Rule 11 agreement of the parties.
September 26, 2022 FACT DISCOVERY CLOSES. Fact witness depositions are to be completed by this date. Also,
no written discovery may be propounded which requires an answer after this date. Any
motion to compel responses to written discovery requests must be filed no later than
fourteen (14) clays after the close of fact discovery or such complaint is waived, except for
the sanction of exclusion under Rule 193.6.
September 26, 2022 EXPERT DESIGNATIONS OF PARTY SEEKING AFFIRMATIVE RELIEF. Parties seeking affirmative
relief shall serve his/her/its designation of experts and provide written reports of such
experts. Reports shall not be required of any non-retained experts (including employees of
the parties) unless the non-retained expert has opinions which have not reasonably been
disclosed in his/her business records, in response to Request for Disclosure, or in deposition
testimony.
October 24, 2022 EXPERT DESIGNATIONS OF PARTY OPPOSING AFFIRMATIVE RELIEF. Parties opposing
affirmative relief shall serve his/her/its designation of experts and provide written reports of
such experts. Reports shall not be required of any non-retained experts (including employees
of the parties) unless the non-retained expert has opinions which have not reasonably been
disclosed in his/her business records, in response to Request for Disclosure, or in deposition
testimony.
November 14, 2022 DESIGNATION OF REBUTTAL EXPERTS WITH REPORTS.
December 9, 2022 EXPERT DISCOVERY CLOSES. The parties are required to complete oral depositions of expert
witnesses by this date.
December 9, 2022 MOTIONS FOR SUMMARY JUDGMENT. Without leave of court for good cause shown, all
hearings for summary judgment motions must be set for hearing and heard at least thirty
(30) days before trial.
December 9, 2022 MOTIONS TO EXLUDE EXPERT TESTIMONY. Any objection or motion to exclude or limit
expert testimony must be set for hearing and heard at least thirty (30) days before trial or it
is waived.
December 22, 2022 Parties shall exchange designations of deposition testimony to be offered in direct
examination and a list of exhibits, including any demonstrative aids and affidavits, and shall
exchange copies of any exhibits not previously produced in discovery. Over designation is
strongly discouraged. Except for records to be offered by way of business record affidavits,
each exhibit must be identified separately and not by category or group designation.
Page 2 of 3
Signed and approved on the day of , 2022.
4/28/2022 10:59:14 AM WWW
PRESIDING JUDGE
AGREED TO BY:
/s/ Emily Taylor
Nuru Witherspoon
Emily Taylor
Attorneys for Plaintiffi
/s/ Tasha Barnes
Tasha Barnes
Morgan Wells
Samantha J effers
Attorneys for Defendants Tasacom Real Estate
d/b/a Hawthorn Suites Dallas Love Field,
Mohammad Sadiq Noshahi, and Diamond
Staffing Services, LLC
/s/ Jason Hopkins
Jason Hopkins
Christopher B. Donovan
Attorneys for Wyndham Hotels & Resorts, Inc.
And Hawthorn Suites Franchising, Inc.
Page 3 of 3
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.
Janae Johnson on behalf of Emily Taylor
Bar No. 24046951
johnson@twlglawyers.com
Envelope ID: 63982386
Status as of 4/28/2022 8:50 AM CST
Associated Case Party: TONY EVANS
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twlglawyers.com 4/28/2022 7:44:44 AM SENT
Nuru Witherspoon witherspoon@twlg|awyers.com 4/28/2022 7:44:44 AM SENT
Witherspoon Litigation litigation@twlglawyers.com 4/28/2022 7:44:44 AM SENT
Associated Case Party: T. E.
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twlg|awyers.com 4/28/2022 7:44:44 AM SENT
Nuru Witherspoon witherspoon@twlglawyers.com 4/28/2022 7:44:44 AM SENT
Associated Case Party: ARETHA EVANS
Name BarNumber Email TimestampSubmitted Status
Nuru Witherspoon Witherspoon@twlglawyers.com 4/28/2022 7:44:44 AM SENT
Emily Taylor taylor@tw|glawyers.com 4/28/2022 7:44:44 AM SENT
Associated Case Party: TASACOM REAL ESTATE, LLC
Name BarNumber Email TimestampSubmitted Status
Tasha LBarnes tbarnes@thompsoncoe.com 4/28/2022 7:44:44 AM SENT
Morgan Wells mwells@thompsoncoe.com 4/28/2022 7:44:44 AM SENT
Keith M. Aurzada Kaurzada@reedsmith.com 4/28/2022 7:44:44 AM SENT
Samantha Jeffers sjeffers@thompsoncoe.com 4/28/2022 7:44:44 AM SENT
Associated Case Party: HAWTHORN SUITES FRANCHISING, 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.
Janae Johnson on behalf of Emily Taylor
Bar No. 24046951
johnson@twlglawyers.com
Envelope ID: 63982386
Status as of 4/28/2022 8:50 AM CST
Associated Case Party: HAWTHORN SUITES FRANCHISING, INC.
Name BarNumber Email TimestampSubmitted Status
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 4/28/2022 7:44:44 AM SENT
Ronald DHinds rdhinds@verizon.net 4/28/2022 7:44:44 AM SENT
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 4/28/2022 7:44:44 AM SENT
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Name BarNumber Email TimestampSubmitted Status
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 4/28/2022 7:44:44 AM SENT
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 4/28/2022 7:44:44 AM SENT
Ronald DHinds rdhinds@verizon.net 4/28/2022 7:44:44 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Josimayra Diaz josi.diaz@dallascityhall.com 4/28/2022 7:44:44 AM SENT
Luz Aguilar luz.aguilar@da||ascityhall.com 4/28/2022 7:44:44 AM SENT
RoseMarie Chambers rose.chambers@dlapiper.com 4/28/2022 7:44:44 AM SENT
NURU WITHERSPOON witherspoon@twlglawers.com 4/28/2022 7:44:44 AM SENT
Bradley J. Purcell bpurcell@reedsmith.com 4/28/2022 7:44:44 AM SENT
Alicia Nixon anixon@reedsmith.com 4/28/2022 7:44:44 AM SENT
Ronald DHinds rdhinds@verizon.net 4/28/2022 7:44:44 AM SENT
Charletta Dawson cdawson@reedsmith.com 4/28/2022 7:44:44 AM SENT
Shikendra Rhea srhea@reedsmith.com 4/28/2022 7:44:44 AM SENT
Devan J. DalCol ddalcol@reedsmith.com 4/28/2022 7:44:44 AM SENT
Witherspoon Litigation litigation@twlglawyers.com 4/28/2022 7:44:44 AM 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.
Janae Johnson on behalf of Emily Taylor
Bar No. 24046951
johnson@twlglawyers.com
Envelope ID: 63982386
Status as of 4/28/2022 8:50 AM CST
Associated Case Party: MOHAMMADSADIQNOSHAHI
Name BarNumber Email TimestampSubmitted Status
Ronald DHinds rdhinds@verizon.net 4/28/2022 7:44:44 AM SENT
Preview
CAUSE NO. DC-21-04901 TONY EVANS, SR., and ARETHA EVANS, ) IN THE DISTRICT COURT individually and on behalf of their minor son, ) 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, and ) DIAMOND STAFFING SERVICES, LLC, ) ) DALLAS COUNTY, TEXAS Defendants. ) AGREED AMENDED DISCOVERY AND DOCKET CONTROL ORDER PLAN FOR LEVEL 3 CASE In accordance with Rules 166, 190, and 191 of the Texas Rules of Civil Procedure, all Parties agree and ask that the Court enter the following Order and set the following deadlines: Date: TRIAL SETTING: Bench _xx_ Jury The trial of this cause is set for this date ("Initial ' Trial Setting"). January 10, 2023 Reset or continuance of the Initial Trial Setting will not alter any deadline established by Time: 9:00 a.m. this Order or established by the Texas Rules of Civil Procedure, unless specifically provided by Rule 11 of the parties or Court order after motion showing good cause. Date: , 2022 FORMAL PRE-TRIAL CONFERENCE (Court will set). A pre-trial conference shall be held on this date. Parties are encouraged to meet and confer prior to this date to determine agreed Time: exhibits, deposition designations, and motions in limine. Each party is directed to produce the following at the pre-trial conference: (1) Parties shall file with the Court the materials stated in Rule 166(d)-(m), an estimate of the length of trial, designation of deposition testimony to be offered in direct examination, and any motions in limine. (2) For jury case, proposed jury charge questions, instructions, and definitions should be emailed in editable Word format to Court Coordinator. (3) For nonjury case, proposed findings of fact and conclusions of law should also be emailed in editable Word format to Court Coordinator. October 10, 2022 Mediation Deadline. Mediation shall be completed on or before this date and report filed with the Court. Case will not proceed to trial unless mediation is complete. The parties are to use reasonable efforts to agree on a mediator. Should the parties be unable to reach agreement, the Court will appoint a mediator. Page 1 of 3 JOINDER 0F PARTIES. No additional parties may be joined after this date except on motion July 1, 2022 for leave showing good cause. This paragraph does not alter the requirements of Texas Rule of Civil Procedure 38. NOTE: The party joining an additional party must serve a copy of this Order on the new party concurrently with the pleading joining the new party. AMENDED PLEADINGS. Parties shall file with the Court and serve all other parties with any July 1, 2022 amended pleadings asserting new causes of action or defenses by this date. No additional theories or allegations shall be pled after this date without prior leave of court based upon a showing of good cause or by written agreement of the parties pursuant to a Rule 11 agreement. Responses to such Amended Pleadings, including any and all affirmative defenses and/or special exceptions may be filed within two (2) weeks after this deadline. No additional affirmative defenses, inferential rebuttal defenses, or any other defensive theories shall be pled after this date without prior leave of court based upon a showing of good cause or by written Rule 11 agreement of the parties. September 26, 2022 FACT DISCOVERY CLOSES. Fact witness depositions are to be completed by this date. Also, no written discovery may be propounded which requires an answer after this date. Any motion to compel responses to written discovery requests must be filed no later than fourteen (14) clays after the close of fact discovery or such complaint is waived, except for the sanction of exclusion under Rule 193.6. September 26, 2022 EXPERT DESIGNATIONS OF PARTY SEEKING AFFIRMATIVE RELIEF. Parties seeking affirmative relief shall serve his/her/its designation of experts and provide written reports of such experts. Reports shall not be required of any non-retained experts (including employees of the parties) unless the non-retained expert has opinions which have not reasonably been disclosed in his/her business records, in response to Request for Disclosure, or in deposition testimony. October 24, 2022 EXPERT DESIGNATIONS OF PARTY OPPOSING AFFIRMATIVE RELIEF. Parties opposing affirmative relief shall serve his/her/its designation of experts and provide written reports of such experts. Reports shall not be required of any non-retained experts (including employees of the parties) unless the non-retained expert has opinions which have not reasonably been disclosed in his/her business records, in response to Request for Disclosure, or in deposition testimony. November 14, 2022 DESIGNATION OF REBUTTAL EXPERTS WITH REPORTS. December 9, 2022 EXPERT DISCOVERY CLOSES. The parties are required to complete oral depositions of expert witnesses by this date. December 9, 2022 MOTIONS FOR SUMMARY JUDGMENT. Without leave of court for good cause shown, all hearings for summary judgment motions must be set for hearing and heard at least thirty (30) days before trial. December 9, 2022 MOTIONS TO EXLUDE EXPERT TESTIMONY. Any objection or motion to exclude or limit expert testimony must be set for hearing and heard at least thirty (30) days before trial or it is waived. December 22, 2022 Parties shall exchange designations of deposition testimony to be offered in direct examination and a list of exhibits, including any demonstrative aids and affidavits, and shall exchange copies of any exhibits not previously produced in discovery. Over designation is strongly discouraged. Except for records to be offered by way of business record affidavits, each exhibit must be identified separately and not by category or group designation. Page 2 of 3 Signed and approved on the day of , 2022. 4/28/2022 10:59:14 AM WWW PRESIDING JUDGE AGREED TO BY: /s/ Emily Taylor Nuru Witherspoon Emily Taylor Attorneys for Plaintiffi /s/ Tasha Barnes Tasha Barnes Morgan Wells Samantha J effers Attorneys for Defendants Tasacom Real Estate d/b/a Hawthorn Suites Dallas Love Field, Mohammad Sadiq Noshahi, and Diamond Staffing Services, LLC /s/ Jason Hopkins Jason Hopkins Christopher B. Donovan Attorneys for Wyndham Hotels & Resorts, Inc. And Hawthorn Suites Franchising, Inc. Page 3 of 3 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. Janae Johnson on behalf of Emily Taylor Bar No. 24046951 johnson@twlglawyers.com Envelope ID: 63982386 Status as of 4/28/2022 8:50 AM CST Associated Case Party: TONY EVANS Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twlglawyers.com 4/28/2022 7:44:44 AM SENT Nuru Witherspoon witherspoon@twlg|awyers.com 4/28/2022 7:44:44 AM SENT Witherspoon Litigation litigation@twlglawyers.com 4/28/2022 7:44:44 AM SENT Associated Case Party: T. E. Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twlg|awyers.com 4/28/2022 7:44:44 AM SENT Nuru Witherspoon witherspoon@twlglawyers.com 4/28/2022 7:44:44 AM SENT Associated Case Party: ARETHA EVANS Name BarNumber Email TimestampSubmitted Status Nuru Witherspoon Witherspoon@twlglawyers.com 4/28/2022 7:44:44 AM SENT Emily Taylor taylor@tw|glawyers.com 4/28/2022 7:44:44 AM SENT Associated Case Party: TASACOM REAL ESTATE, LLC Name BarNumber Email TimestampSubmitted Status Tasha LBarnes tbarnes@thompsoncoe.com 4/28/2022 7:44:44 AM SENT Morgan Wells mwells@thompsoncoe.com 4/28/2022 7:44:44 AM SENT Keith M. Aurzada Kaurzada@reedsmith.com 4/28/2022 7:44:44 AM SENT Samantha Jeffers sjeffers@thompsoncoe.com 4/28/2022 7:44:44 AM SENT Associated Case Party: HAWTHORN SUITES FRANCHISING, 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. Janae Johnson on behalf of Emily Taylor Bar No. 24046951 johnson@twlglawyers.com Envelope ID: 63982386 Status as of 4/28/2022 8:50 AM CST Associated Case Party: HAWTHORN SUITES FRANCHISING, INC. Name BarNumber Email TimestampSubmitted Status Jason Hopkins 24059969 jason.hopkins@dlapiper.com 4/28/2022 7:44:44 AM SENT Ronald DHinds rdhinds@verizon.net 4/28/2022 7:44:44 AM SENT Christopher BDonovan Christopher.B.Donovan@dlapiper.com 4/28/2022 7:44:44 AM SENT Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Name BarNumber Email TimestampSubmitted Status Jason Hopkins 24059969 jason.hopkins@dlapiper.com 4/28/2022 7:44:44 AM SENT Christopher BDonovan Christopher.B.Donovan@dlapiper.com 4/28/2022 7:44:44 AM SENT Ronald DHinds rdhinds@verizon.net 4/28/2022 7:44:44 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Josimayra Diaz josi.diaz@dallascityhall.com 4/28/2022 7:44:44 AM SENT Luz Aguilar luz.aguilar@da||ascityhall.com 4/28/2022 7:44:44 AM SENT RoseMarie Chambers rose.chambers@dlapiper.com 4/28/2022 7:44:44 AM SENT NURU WITHERSPOON witherspoon@twlglawers.com 4/28/2022 7:44:44 AM SENT Bradley J. Purcell bpurcell@reedsmith.com 4/28/2022 7:44:44 AM SENT Alicia Nixon anixon@reedsmith.com 4/28/2022 7:44:44 AM SENT Ronald DHinds rdhinds@verizon.net 4/28/2022 7:44:44 AM SENT Charletta Dawson cdawson@reedsmith.com 4/28/2022 7:44:44 AM SENT Shikendra Rhea srhea@reedsmith.com 4/28/2022 7:44:44 AM SENT Devan J. DalCol ddalcol@reedsmith.com 4/28/2022 7:44:44 AM SENT Witherspoon Litigation litigation@twlglawyers.com 4/28/2022 7:44:44 AM 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. Janae Johnson on behalf of Emily Taylor Bar No. 24046951 johnson@twlglawyers.com Envelope ID: 63982386 Status as of 4/28/2022 8:50 AM CST Associated Case Party: MOHAMMADSADIQNOSHAHI Name BarNumber Email TimestampSubmitted Status Ronald DHinds rdhinds@verizon.net 4/28/2022 7:44:44 AM SENT