Preview
FILED
7/14/2022 10:50 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
CAUSE NO. DC-21-04901
TONY EVANS, SR. and ARETHA EVANS, ) 1N THE DISTRICT COURT
individually and on behalf of their minor son, )
T.E., deceased, FAITH TANKSLEY on behalf of )
minor T.E., III, individually and on behalf of )
his father, T.E., deceased, and DEON WILLIAMS, )
)
Plaintiffs, )
)
V.
i
TASACOM REAL ESTATE, LLC d/b/a ) l62nd JUDICIAL DISTRICT
HAWTHORN SUITES DALLAS LOVE FIELD, )
HAWTHORN SUITES FRANCHISING, INC., )
WYNDHAM HOTELS & RESORTS, INC., )
MOHAMMAD SADIQ NOSHAHI, )
DIAMOND STAFFING SERVICES, LLC, )
WYNDHAM HOTEL GROUP, LLC, )
TASACOM TECHNOLOGIES, INC., SANJEEV )
JAIN and MMAROOFUL CHOUDHURY, )
)
Defendants. ) DALLAS COUNTY, TEXAS
PLAINTIFFS’ OBJECTIONS TO 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 ASSAILANTS
AS RESPONSIBLE THIRD PARTIES
Pursuant to TEX. CIV. PRAC. & REM. CODE § 33.004, Plaintiffs Tony Evans, Sr. and Aretha
Evans, individually and on behalf of their minor son, T.E., deceased, Faith Tanksley on behalf of
minor T.E., III, individually and on behalf of his father, T.E., deceased, and Deon Williams
(collectively “Plaintiffs”) file their Objections to Defendants Tasacom Real Estate, LLC, d/b/a
Hawthorn Suites Dallas Love Field, Mohammad Sadiq Noshahi, and Diamond Staffing Services,
LLC’s (collectively “Defendants”) Motion for Leave to Designate Unknown Assailants as
Responsible Third Parties, showing the Court that said motion is both untimely and substantively
improper and must be denied, as follows:
PLAINTIFFS’ OBJECTIONS TO 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 ASSAILANTS AS RESPONSIBLE THIRD PARTIES - Page 1 of5
I. INTRODUCTION
Defendants current motion is nothing more than an attempt to deflect liability from
themselves to purported individuals that may or may not exist and for Whom Defendants offer no
identifying information other than there having been multiple persons at a hotel party where the
shooting by a lone gunman occurred. Defendants Motion contains nary a suggestion of how many
John Does they plan to claim responsible for the death and personal injuries alleged in this lawsuit.
The only evidence, including police records, indicate a single arrest was made of alleged shooter,
Keyshawn Harris. There has been no arrests and no description of any additional persons, nor did
Plaintiff Deon Williams (“Williams”) provide any testimony that supports unidentified persons
were involved --
there was a single gun and a single shooter. Notwithstanding Defendants inability
to allege sufficient facts to designate responsible unidentified third parties, their Motion is
untimely, as they were required to file it within sixty days of their original answer. None of the
Defendants did so, requiring the Motion to be denied.
II. ARGUMENTS AND AUTHORITIES
A. DEFENDANTS FAIL To PROVIDE SUFFICIENT FACTS To DESIGNATE UNKNOWN
RESPONSIBLE PARTIES
Section 33.011(6) of the Texas Civil Practice and Remedies Code, defines a responsible
third party as:
[A]ny person who is alleged to have caused or contributed to causing in any way
the harm for which recovery of damages is sought, whether by negligent act or
omission, by any defective or unreasonably dangerous product, by other conduct or
activity that violates an applicable legal standard, or by any combination of these.
TEX. CIV. PRAC. & REM. CODE § 33.011(6) (emphasis added). Respondents must satisfy three
pleading requirements for purposes of designating unnamed responsible parties:
the court shall grant a motion for leave to designate the unknown person as a
responsible third party if:
PLAINTIFFS’ OBJECTIONS TO 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 ASSAILANTS AS RESPONSIBLE THIRD PARTIES - Page 2 of 5
(1) the court determines that the defendant has pleaded facts sufficient for
the court to determine that there is a reasonable probability that the act of
the unknown person was criminal;
(2) the defendant has stated in the answer all identifying characteristics of
the unknown person, known at the time of the answer; and
(3) the allegation satisfies the pleading requirements of the Texas Rules of
Civil Procedure.
TEX. CIV. PRAC. & REM. CODE § 33.0040).
Defendants cannot meet these pleading requirements. They have only alleged that
Decedent T.E. (“T.E.”) and Williams were in a hotel room when all the males except T.E.,
Williams, and family member of T.E. left the room. Defs.’ Motion, 112. Defendants then concede
that the shooter, by himselfi returned to the room and shot T.E. and Williams as they tried to leave.
Id. There is nothing to suggest that the shooter was aided by anyone else — to the contrary,
Defendants’ allegations substantiate that the shooter acted alone. Defendants only contend that an
unidentified number of John Does may have driven a getaway car, a nonsensical claim given that
multiple persons could not be driving a vehicle and there is nothing substantiating a colorable
claim with regard thereto. Id., 113. Moreover, Defendants cannot meet the pleading requirements
of the Texas Rules of Civil Procedure, as they do not provide a number of John Does they claim
assisted in this crime. Id., (j)(3). Defendants are wholly unable to provide sufficient notice as to
how many unnamed designated parties are allegedly proportionately responsible for the damages
alleged in this lawsuit. The Court cannot with reasonable certainty ascertain the apportionment
relief sought without additional information, which Defendants have not and cannot allege.
C. DEFENDANTS’ MOTION Is UNTIMELY
The structure of the proportionate liability statute — TEX. CIV. PRAC. & REM. CODE 33.003,
et seq. — “indicates that the Texas legislature intended to prescribe different procedures for
PLAINTIFFS’ OBJECTIONS TO 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 ASSAILANTS AS RESPONSIBLE THIRD PARTIES - Page 3 of 5
designating named and unnamed persons” as responsible third parties. See, e. g., In re Echols, 5 69
S.W.3d 776, 781 (TeX.App.—Da11as 2018, no pet). Compare TEX. CIV. PRAC. & REM. CODE §
33.0046) (designation of named persons) with § 33.0040) (designation of unnamed persons).
Defendants attempt to rely on the limitations provision contained in TEX. CIV. PRAC. & REM. CODE
§ 33.004(a) that permits designation of a named person within sixty days of trial. For unnamed
persons, the legislature determined:
(i) Notwithstanding any other provision of this section, ifi not later than 60 days
after the filing of the defendant’s original answer, the defendant alleges in an
answer filed with the court that an unknown person committed a criminal act that
was a cause of the loss or injury that is the subject of the lawsuit, the court shall
grant a motion for leave to designate the unknown person as a responsible third
partyL]
TEX. CIV. PRAC. & REM. CODE § 33.0040).
The applicable 60-day requirement has not been met in this case, therefore, no designation
of unidentified responsible third parties can be made. Defendants all filed their Original Answer
more than sixty days prior to their current motion. Defendants Tasacom Real Estate, LLC, d/b/a
Hawthorn Suites Dallas Love Field, Mohammad Sadiq Noshahi, and Diamond Staffing Services,
LLC filed their Original Answers to this lawsuit on June 1, 2021, October 22, 2021, and April 18,
2022, respectively, and their current Motion was not filed until June 29, 2022. Accordingly, their
current Motion must be denied and Plaintiffs objections sustained. In re Unitec Elevator Servs.
C0., 178 S.W.3d 53, 61 (Tex.App.—Houston [1“ Dist.] 2005, no pet.) (“Because relators did not
timely file an answer containing the required allegations, they are precluded from designating the
unknown vandals as responsible third parties”); In re Echols, 569 S.W.3d 776, 780-81
(Tex.App.—Dallas 2018, no pet.) (finding that designation of unnamed persons must be made
within sixty days of the original answer).
PLAINTIFFS’ OBJECTIONS TO 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 ASSAILANTS AS RESPONSIBLE THIRD PARTIES - Page 4 of 5
III. CONCLUSION
On the foregoing grounds, Defendants’ Motion must be denied, precluding them from
designating unnamed responsible parties and sustaining Plaintiffs’ objections thereto. Not only are
they unable to meet the pleading requirements contained in TEX. CIV. PRAC. & REM. CODE §
33 .0040), but they have further failed to timely seek leave to designate unidentified individuals as
responsible third parties to this lawsuit. Plaintiffs ask that Defendants’ Motion be denied and for
any further or additional relief this Court deems warranted.
Respectfully Submitted,
/s/ Nuru Witherspoon /s/Aubrev “Nick” Pittman
NURU WITHERSPOON AUBREY “NICK” PITTMAN
State Bar No. 24039244 State Bar No. 16049750
witherspoon@twlglawyers.com
THE PITTMAN LAW FIRM, P.C.
EMILY TAYLOR 100 Crescent Court, Suite 700
State Bar No. 24046951 Dallas, Texas 75201 -21 12
tay10r@twlg1awyers_com
214-459-3454 — Telephone
214-853-5912 - Fax
WITHERSPOON LAW GROUP pittman@thepittmanlawfirm.com
5565 Deer Creek, Unit A
Dallas, Texas 75228
214-773-1133 — Telephone
972-696-9982 — Fax
CERTIFICATE OF SERVICE
I hereby certify that on July l4, 2022, the foregoing document was submitted to
the representatives of the parties, using the electronic case filing system of the court. The
electronic case filing system sent a “Notice of Service” to all attorneys of record who have
consented in writing to accept this Notice as service of documents by electronic means.
/s/Nuru Wz'therspoon
NURU WITHERSPOON
PLAINTIFFS’ OBJECTIONS TO 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 ASSAILANTS AS RESPONSIBLE THIRD PARTIES - Page 5 of 5
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.
Brisia Mendoza on behalf of Emily Taylor
Bar No. 24046951
mendoza@twlglawyers.com
Envelope ID: 66313752
Status as of 7/14/2022 11:45 AM CST
Associated Case Party: TONY EVANS
Name BarNumber Email TimestampSubmitted Status
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 7/14/2022 10:50:58 AM SENT
Emily Taylor taylor@twlglawyers.com 7/14/2022 10:50:58 AM SENT
Witherspoon Litigation litigation@twlglawyers.com 7/14/2022 10:50:58 AM SENT
Nuru Witherspoon Witherspoon@twlglawyers.com 7/14/2022 10:50:58 AM SENT
Associated Case Party: T. E.
Name BarNumber Email TimestampSubmitted Status
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 7/ 14/2022 10:50:58 AM SENT
Emily Taylor taylor@twlglawyers.com 7/ 14/2022 10:50:58 AM SENT
Nuru Witherspoon Witherspoon@twlglawyers.com 7/ 14/2022 10:50:58 AM SENT
Associated Case Party: ARETHA EVANS
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twlglawyers.com 7/ 14/2022 10:50:58 AM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 7/14/2022 10:50:58 AM SENT
Nuru Witherspoon witherspoon@twlglawyers.com 7/14/2022 10:50:58 AM SENT
Associated Case Party: TASACOM REAL ESTATE, LLC
Name
Keith M. Aurzada
Samantha Jeffers
Tasha LBarnes
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.
Brisia Mendoza on behalf of Emily Taylor
Bar No. 24046951
mendoza@twlglawyers.com
Envelope ID: 66313752
Status as of 7/14/2022 11:45 AM CST
Associated Case Party: TASACOM REAL ESTATE, LLC
Morgan Wells mwells@thompsoncoe.com 7/14/2022 10:50:58 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Josimayra Diaz josi.diaz@dallascityhall.com 7/14/2022 10:50:58 AM SENT
Luz Aguilar luz.aguilar@dallascityhall.com 7/14/2022 10:50:58 AM SENT
RoseMarie Chambers rose.chambers@dlapiper.com 7/14/2022 10:50:58 AM SENT
NURU WITHERSPOON witherspoon@twlglawyers.com 7/14/2022 10:50:58 AM SENT
Bradley J. Purcell bpurcell@reedsmith.com 7/14/2022 10:50:58 AM SENT
Alicia Nixon anixon@reedsmith.com 7/14/2022 10:50:58 AM SENT
Ronald DHinds rdhinds@verizon.net 7/14/2022 10:50:58 AM SENT
Charletta Dawson cdawson@reedsmith.com 7/14/2022 10:50:58 AM SENT
Shikendra Rhea srhea@reedsmith.com 7/14/2022 10:50:58 AM SENT
Devan J. DalCol ddalcol@reedsmith.com 7/14/2022 10:50:58 AM SENT
Sally Jones sally.jones@dlapiper.com 7/14/2022 10:50:58 AM SENT
Witherspoon Litigation litigation@twlglawyers.com 7/14/2022 10:50:58 AM SENT
Associated Case Party: HAWTHORN SUITES FRANCHISING, INC.
Name BarNumber Email TimestampSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 7/14/2022 10:50:58 AM SENT
Ronald DHinds rdhinds@verizon.net 7/14/2022 10:50:58 AM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 7/14/2022 10:50:58 AM SENT
Associated Case Party: 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.
Brisia Mendoza on behalf of Emily Taylor
Bar No. 24046951
mendoza@twlglawyers.com
Envelope ID: 66313752
Status as of 7/14/2022 11:45 AM CST
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Name BarNumber Email TimestampSubmitted Status
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 7/14/2022 10:50:58 AM SENT
Ronald DHinds rdhinds@verizon.net 7/14/2022 10:50:58 AM SENT
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 7/14/2022 10:50:58 AM SENT
Associated Case Party: MOHAMMADSADIQNOSHAHI
Name BarNumber Email TimestampSubmitted Status
Eva DeLeon edeleon@thompsoncoe.com 7/14/2022 10:50:58 AM SENT
Ronald DHinds rdhinds@verizon.net 7/14/2022 10:50:58 AM SENT
Preview
FILED 7/14/2022 10:50 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY CAUSE NO. DC-21-04901 TONY EVANS, SR. and ARETHA EVANS, ) 1N THE DISTRICT COURT individually and on behalf of their minor son, ) T.E., deceased, FAITH TANKSLEY on behalf of ) minor T.E., III, individually and on behalf of ) his father, T.E., deceased, and DEON WILLIAMS, ) ) Plaintiffs, ) ) V. i TASACOM REAL ESTATE, LLC d/b/a ) l62nd JUDICIAL DISTRICT HAWTHORN SUITES DALLAS LOVE FIELD, ) HAWTHORN SUITES FRANCHISING, INC., ) WYNDHAM HOTELS & RESORTS, INC., ) MOHAMMAD SADIQ NOSHAHI, ) DIAMOND STAFFING SERVICES, LLC, ) WYNDHAM HOTEL GROUP, LLC, ) TASACOM TECHNOLOGIES, INC., SANJEEV ) JAIN and MMAROOFUL CHOUDHURY, ) ) Defendants. ) DALLAS COUNTY, TEXAS PLAINTIFFS’ OBJECTIONS TO 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 ASSAILANTS AS RESPONSIBLE THIRD PARTIES Pursuant to TEX. CIV. PRAC. & REM. CODE § 33.004, Plaintiffs Tony Evans, Sr. and Aretha Evans, individually and on behalf of their minor son, T.E., deceased, Faith Tanksley on behalf of minor T.E., III, individually and on behalf of his father, T.E., deceased, and Deon Williams (collectively “Plaintiffs”) file their Objections to Defendants Tasacom Real Estate, LLC, d/b/a Hawthorn Suites Dallas Love Field, Mohammad Sadiq Noshahi, and Diamond Staffing Services, LLC’s (collectively “Defendants”) Motion for Leave to Designate Unknown Assailants as Responsible Third Parties, showing the Court that said motion is both untimely and substantively improper and must be denied, as follows: PLAINTIFFS’ OBJECTIONS TO 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 ASSAILANTS AS RESPONSIBLE THIRD PARTIES - Page 1 of5 I. INTRODUCTION Defendants current motion is nothing more than an attempt to deflect liability from themselves to purported individuals that may or may not exist and for Whom Defendants offer no identifying information other than there having been multiple persons at a hotel party where the shooting by a lone gunman occurred. Defendants Motion contains nary a suggestion of how many John Does they plan to claim responsible for the death and personal injuries alleged in this lawsuit. The only evidence, including police records, indicate a single arrest was made of alleged shooter, Keyshawn Harris. There has been no arrests and no description of any additional persons, nor did Plaintiff Deon Williams (“Williams”) provide any testimony that supports unidentified persons were involved -- there was a single gun and a single shooter. Notwithstanding Defendants inability to allege sufficient facts to designate responsible unidentified third parties, their Motion is untimely, as they were required to file it within sixty days of their original answer. None of the Defendants did so, requiring the Motion to be denied. II. ARGUMENTS AND AUTHORITIES A. DEFENDANTS FAIL To PROVIDE SUFFICIENT FACTS To DESIGNATE UNKNOWN RESPONSIBLE PARTIES Section 33.011(6) of the Texas Civil Practice and Remedies Code, defines a responsible third party as: [A]ny person who is alleged to have caused or contributed to causing in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these. TEX. CIV. PRAC. & REM. CODE § 33.011(6) (emphasis added). Respondents must satisfy three pleading requirements for purposes of designating unnamed responsible parties: the court shall grant a motion for leave to designate the unknown person as a responsible third party if: PLAINTIFFS’ OBJECTIONS TO 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 ASSAILANTS AS RESPONSIBLE THIRD PARTIES - Page 2 of 5 (1) the court determines that the defendant has pleaded facts sufficient for the court to determine that there is a reasonable probability that the act of the unknown person was criminal; (2) the defendant has stated in the answer all identifying characteristics of the unknown person, known at the time of the answer; and (3) the allegation satisfies the pleading requirements of the Texas Rules of Civil Procedure. TEX. CIV. PRAC. & REM. CODE § 33.0040). Defendants cannot meet these pleading requirements. They have only alleged that Decedent T.E. (“T.E.”) and Williams were in a hotel room when all the males except T.E., Williams, and family member of T.E. left the room. Defs.’ Motion, 112. Defendants then concede that the shooter, by himselfi returned to the room and shot T.E. and Williams as they tried to leave. Id. There is nothing to suggest that the shooter was aided by anyone else — to the contrary, Defendants’ allegations substantiate that the shooter acted alone. Defendants only contend that an unidentified number of John Does may have driven a getaway car, a nonsensical claim given that multiple persons could not be driving a vehicle and there is nothing substantiating a colorable claim with regard thereto. Id., 113. Moreover, Defendants cannot meet the pleading requirements of the Texas Rules of Civil Procedure, as they do not provide a number of John Does they claim assisted in this crime. Id., (j)(3). Defendants are wholly unable to provide sufficient notice as to how many unnamed designated parties are allegedly proportionately responsible for the damages alleged in this lawsuit. The Court cannot with reasonable certainty ascertain the apportionment relief sought without additional information, which Defendants have not and cannot allege. C. DEFENDANTS’ MOTION Is UNTIMELY The structure of the proportionate liability statute — TEX. CIV. PRAC. & REM. CODE 33.003, et seq. — “indicates that the Texas legislature intended to prescribe different procedures for PLAINTIFFS’ OBJECTIONS TO 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 ASSAILANTS AS RESPONSIBLE THIRD PARTIES - Page 3 of 5 designating named and unnamed persons” as responsible third parties. See, e. g., In re Echols, 5 69 S.W.3d 776, 781 (TeX.App.—Da11as 2018, no pet). Compare TEX. CIV. PRAC. & REM. CODE § 33.0046) (designation of named persons) with § 33.0040) (designation of unnamed persons). Defendants attempt to rely on the limitations provision contained in TEX. CIV. PRAC. & REM. CODE § 33.004(a) that permits designation of a named person within sixty days of trial. For unnamed persons, the legislature determined: (i) Notwithstanding any other provision of this section, ifi not later than 60 days after the filing of the defendant’s original answer, the defendant alleges in an answer filed with the court that an unknown person committed a criminal act that was a cause of the loss or injury that is the subject of the lawsuit, the court shall grant a motion for leave to designate the unknown person as a responsible third partyL] TEX. CIV. PRAC. & REM. CODE § 33.0040). The applicable 60-day requirement has not been met in this case, therefore, no designation of unidentified responsible third parties can be made. Defendants all filed their Original Answer more than sixty days prior to their current motion. Defendants Tasacom Real Estate, LLC, d/b/a Hawthorn Suites Dallas Love Field, Mohammad Sadiq Noshahi, and Diamond Staffing Services, LLC filed their Original Answers to this lawsuit on June 1, 2021, October 22, 2021, and April 18, 2022, respectively, and their current Motion was not filed until June 29, 2022. Accordingly, their current Motion must be denied and Plaintiffs objections sustained. In re Unitec Elevator Servs. C0., 178 S.W.3d 53, 61 (Tex.App.—Houston [1“ Dist.] 2005, no pet.) (“Because relators did not timely file an answer containing the required allegations, they are precluded from designating the unknown vandals as responsible third parties”); In re Echols, 569 S.W.3d 776, 780-81 (Tex.App.—Dallas 2018, no pet.) (finding that designation of unnamed persons must be made within sixty days of the original answer). PLAINTIFFS’ OBJECTIONS TO 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 ASSAILANTS AS RESPONSIBLE THIRD PARTIES - Page 4 of 5 III. CONCLUSION On the foregoing grounds, Defendants’ Motion must be denied, precluding them from designating unnamed responsible parties and sustaining Plaintiffs’ objections thereto. Not only are they unable to meet the pleading requirements contained in TEX. CIV. PRAC. & REM. CODE § 33 .0040), but they have further failed to timely seek leave to designate unidentified individuals as responsible third parties to this lawsuit. Plaintiffs ask that Defendants’ Motion be denied and for any further or additional relief this Court deems warranted. Respectfully Submitted, /s/ Nuru Witherspoon /s/Aubrev “Nick” Pittman NURU WITHERSPOON AUBREY “NICK” PITTMAN State Bar No. 24039244 State Bar No. 16049750 witherspoon@twlglawyers.com THE PITTMAN LAW FIRM, P.C. EMILY TAYLOR 100 Crescent Court, Suite 700 State Bar No. 24046951 Dallas, Texas 75201 -21 12 tay10r@twlg1awyers_com 214-459-3454 — Telephone 214-853-5912 - Fax WITHERSPOON LAW GROUP pittman@thepittmanlawfirm.com 5565 Deer Creek, Unit A Dallas, Texas 75228 214-773-1133 — Telephone 972-696-9982 — Fax CERTIFICATE OF SERVICE I hereby certify that on July l4, 2022, the foregoing document was submitted to the representatives of the parties, using the electronic case filing system of the court. The electronic case filing system sent a “Notice of Service” to all attorneys of record who have consented in writing to accept this Notice as service of documents by electronic means. /s/Nuru Wz'therspoon NURU WITHERSPOON PLAINTIFFS’ OBJECTIONS TO 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 ASSAILANTS AS RESPONSIBLE THIRD PARTIES - Page 5 of 5 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. Brisia Mendoza on behalf of Emily Taylor Bar No. 24046951 mendoza@twlglawyers.com Envelope ID: 66313752 Status as of 7/14/2022 11:45 AM CST Associated Case Party: TONY EVANS Name BarNumber Email TimestampSubmitted Status Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 7/14/2022 10:50:58 AM SENT Emily Taylor taylor@twlglawyers.com 7/14/2022 10:50:58 AM SENT Witherspoon Litigation litigation@twlglawyers.com 7/14/2022 10:50:58 AM SENT Nuru Witherspoon Witherspoon@twlglawyers.com 7/14/2022 10:50:58 AM SENT Associated Case Party: T. E. Name BarNumber Email TimestampSubmitted Status Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 7/ 14/2022 10:50:58 AM SENT Emily Taylor taylor@twlglawyers.com 7/ 14/2022 10:50:58 AM SENT Nuru Witherspoon Witherspoon@twlglawyers.com 7/ 14/2022 10:50:58 AM SENT Associated Case Party: ARETHA EVANS Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twlglawyers.com 7/ 14/2022 10:50:58 AM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 7/14/2022 10:50:58 AM SENT Nuru Witherspoon witherspoon@twlglawyers.com 7/14/2022 10:50:58 AM SENT Associated Case Party: TASACOM REAL ESTATE, LLC Name Keith M. Aurzada Samantha Jeffers Tasha LBarnes 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. Brisia Mendoza on behalf of Emily Taylor Bar No. 24046951 mendoza@twlglawyers.com Envelope ID: 66313752 Status as of 7/14/2022 11:45 AM CST Associated Case Party: TASACOM REAL ESTATE, LLC Morgan Wells mwells@thompsoncoe.com 7/14/2022 10:50:58 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Josimayra Diaz josi.diaz@dallascityhall.com 7/14/2022 10:50:58 AM SENT Luz Aguilar luz.aguilar@dallascityhall.com 7/14/2022 10:50:58 AM SENT RoseMarie Chambers rose.chambers@dlapiper.com 7/14/2022 10:50:58 AM SENT NURU WITHERSPOON witherspoon@twlglawyers.com 7/14/2022 10:50:58 AM SENT Bradley J. Purcell bpurcell@reedsmith.com 7/14/2022 10:50:58 AM SENT Alicia Nixon anixon@reedsmith.com 7/14/2022 10:50:58 AM SENT Ronald DHinds rdhinds@verizon.net 7/14/2022 10:50:58 AM SENT Charletta Dawson cdawson@reedsmith.com 7/14/2022 10:50:58 AM SENT Shikendra Rhea srhea@reedsmith.com 7/14/2022 10:50:58 AM SENT Devan J. DalCol ddalcol@reedsmith.com 7/14/2022 10:50:58 AM SENT Sally Jones sally.jones@dlapiper.com 7/14/2022 10:50:58 AM SENT Witherspoon Litigation litigation@twlglawyers.com 7/14/2022 10:50:58 AM SENT Associated Case Party: HAWTHORN SUITES FRANCHISING, INC. Name BarNumber Email TimestampSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com 7/14/2022 10:50:58 AM SENT Ronald DHinds rdhinds@verizon.net 7/14/2022 10:50:58 AM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 7/14/2022 10:50:58 AM SENT Associated Case Party: 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. Brisia Mendoza on behalf of Emily Taylor Bar No. 24046951 mendoza@twlglawyers.com Envelope ID: 66313752 Status as of 7/14/2022 11:45 AM CST Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Name BarNumber Email TimestampSubmitted Status Jason Hopkins 24059969 jason.hopkins@dlapiper.com 7/14/2022 10:50:58 AM SENT Ronald DHinds rdhinds@verizon.net 7/14/2022 10:50:58 AM SENT Christopher BDonovan Christopher.B.Donovan@dlapiper.com 7/14/2022 10:50:58 AM SENT Associated Case Party: MOHAMMADSADIQNOSHAHI Name BarNumber Email TimestampSubmitted Status Eva DeLeon edeleon@thompsoncoe.com 7/14/2022 10:50:58 AM SENT Ronald DHinds rdhinds@verizon.net 7/14/2022 10:50:58 AM SENT