On April 16, 2021 a
Motion-Secondary
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 0n behalf of their minor son,
T.E., deceased, and MONIQUE PICKENS,
Individually and on behalf of her minor son,
D.W.
Plaintiffs,
v. 162ND JUDICIAL DISTRICT
TASACOM REAL ESTATE, LLC d/b/a
HAWTHORN SUITES DALLAS LOVE FIELD
HAWTHORN SUITES FRANCHISING, INC.,
WYNDHAM HOTESL & RESORTS, IN C., and
MOHAMMAD SADIQ NOSHAHI,
DIAMOND STAFFING SERVICES, LLC, and
WYNDHAM HOTEL GROUP, LLC,
Defendants. DALLAS COUNTY, TEXAS
ORDER GRANTING SPECIAL EXCEPTIONS
On August 3, 2022 came to be heard Defendants Tasacom Real Estate, LLC d/b/a
Hawthorn Suites Dallas Love Field, Mohammad Sadiq Noshahi, and Diamond Staffing Services,
LLC’s First Amended Special Exceptions. The Court, having considered the special exceptions
to Plaintiffs’ Fifth Amended Petition, rules as follows:
1. Plaintiffs are ordered to replead their DTPA, misrepresentation and punitive
damages claims within fourteen (14) days from the date of this Order;
2. If Plaintiffs fail
to cure their pleading defects within fourteen (14) days fiom the
date of this Order, Defendants may file a Motion to Dismiss on the exceptions
herein and such motion must be heard by the Court prior to the dismissal of any
claims excepted herein.
SIGNED and ENTERED the day of August, 2022.
PRESIDING JUDGE
APPROVED AS TO FORM:
/s/ Emily Taylor (with permission)
Nuru Witherspoon
State Bar No.: 24039244
Emily Taylor
State Bar No. 24046951
Witherspoon Law Group
5 5 65 Deer Creek, Unit A
Dallas, Texas 75228
(214) 773-1133
witherspoon@twlglawvers.com
tavlor@twlglawvers.com
and
Aubry “Nick” Pittman
State Bar No. 16049750
The Pittman Law Firm, P.C.
100 Crescent Court, Suite 700
Dallas, Texas 75201
(214) 459-3454
pittman@thepittmanlawfinn.com
Attorneys for Plaintiffs
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.
Lisa Villasenor on behalf of Tasha Barnes
Bar No. 00796163
LVillasenor@thompsoncoe.com
Envelope ID: 67446824
Status as of 8/18/2022 4:18 PM CST
Associated Case Party: TASACOM REAL ESTATE, LLC
Name BarNumber Email TimestampSubmitted Status
Tasha LBarnes tbarnes@thompsoncoe.com 8/18/2022 4:02:05 PM SENT
Morgan Wells mwells@thompsoncoe.com 8/18/2022 4:02:05 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.
Lisa Villasenor on behalf of Tasha Barnes
Bar No. 00796163
LVillasenor@thompsoncoe.com
Envelope ID: 67446824
Status as of 8/18/2022 4:18 PM CST
Associated Case Party: HAWTHORN SUITES FRANCHISING, INC.
Name BarNumber Email TimestampSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 8/18/2022 4:02:05 PM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 8/18/2022 4:02:05 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.
Lisa Villasenor on behalf of Tasha Barnes
Bar No. 00796163
LVillasenor@thompsoncoe.com
Envelope ID: 67446824
Status as of 8/18/2022 4:18 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
RoseMarie Chambers rose.chambers@dlapiper.com 8/18/2022 4:02:05 PM SENT
NURU WITHERSPOON witherspoon@twlglawyers.com 8/18/2022 4:02:05 PM SENT
Sally Jones sally.jones@dlapiper.com 8/18/2022 4:02:05 PM SENT
Witherspoon Litigation |itigation@twlglawyers.com 8/18/2022 4:02:05 PM SENT
sherry M.fau|kner sherry.faulkner@us.dlapiper.com 8/18/2022 4:02:05 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.
Lisa Villasenor on behalf of Tasha Barnes
Bar No. 00796163
LVillasenor@thompsoncoe.com
Envelope ID: 67446824
Status as of 8/18/2022 4:18 PM CST
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Name BarNumber Email TimestampSubmitted Status
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 8/18/2022 4:02:05 PM SENT
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 8/18/2022 4:02:05 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.
Lisa Villasenor on behalf of Tasha Barnes
Bar No. 00796163
LVillasenor@thompsoncoe.com
Envelope ID: 67446824
Status as of 8/18/2022 4:18 PM CST
Associated Case Party: TONY EVANS
Name BarNumber Email TimestampSubmitted Status
Nuru Witherspoon witherspoon@twlglawyers.com 8/18/2022 4:02:05 PM SENT
Emily Taylor taylor@twlg|awyers.com 8/18/2022 4:02:05 PM SENT
Witherspoon Litigation litigation@twlglawyers.com 8/18/2022 4:02:05 PM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 8/18/2022 4:02:05 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.
Lisa Villasenor on behalf of Tasha Barnes
Bar No. 00796163
LVillasenor@thompsoncoe.com
Envelope ID: 67446824
Status as of 8/18/2022 4:18 PM CST
Associated Case Party: T. E.
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twlglawyers.com 8/18/2022 4:02:05 PM SENT
Nuru Witherspoon Witherspoon@twlglawyerscom 8/18/2022 4:02:05 PM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 8/18/2022 4:02:05 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.
Lisa Villasenor on behalf of Tasha Barnes
Bar No. 00796163
LVillasenor@thompsoncoe.com
Envelope ID: 67446824
Status as of 8/18/2022 4:18 PM CST
Associated Case Party: ARETHA EVANS
Name BarNumber Email TimestampSubmitted Status
Nuru Witherspoon Witherspoon@Mlglawyers.com 8/18/2022 4:02:05 PM SENT
Emily Taylor taylor@twlglawyers.com 8/18/2022 4:02:05 PM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 8/18/2022 4:02:05 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.
Lisa Villasenor on behalf of Tasha Barnes
Bar No. 00796163
LVillasenor@thompsoncoe.com
Envelope ID: 67446824
Status as of 8/18/2022 4:18 PM CST
Associated Case Party: MOHAMMADSADIQNOSHAHI
Name BarNumber Email TimestampSubmitted Status
Eva DeLeon edeleon@thompsoncoe.com 8/18/2022 4:02:05 PM SENT
Document Filed Date
August 18, 2022
Case Filing Date
April 16, 2021
Category
OTHER PERSONAL INJURY
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Preview
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, and MONIQUE PICKENS, Individually and on behalf of her minor son, D.W. Plaintiffs, v. 162ND JUDICIAL DISTRICT TASACOM REAL ESTATE, LLC d/b/a HAWTHORN SUITES DALLAS LOVE FIELD HAWTHORN SUITES FRANCHISING, INC., WYNDHAM HOTESL & RESORTS, IN C., and MOHAMMAD SADIQ NOSHAHI, DIAMOND STAFFING SERVICES, LLC, and WYNDHAM HOTEL GROUP, LLC, Defendants. DALLAS COUNTY, TEXAS ORDER GRANTING SPECIAL EXCEPTIONS On August 3, 2022 came to be heard Defendants Tasacom Real Estate, LLC d/b/a Hawthorn Suites Dallas Love Field, Mohammad Sadiq Noshahi, and Diamond Staffing Services, LLC’s First Amended Special Exceptions. The Court, having considered the special exceptions to Plaintiffs’ Fifth Amended Petition, rules as follows: 1. Plaintiffs are ordered to replead their DTPA, misrepresentation and punitive damages claims within fourteen (14) days from the date of this Order; 2. If Plaintiffs fail to cure their pleading defects within fourteen (14) days fiom the date of this Order, Defendants may file a Motion to Dismiss on the exceptions herein and such motion must be heard by the Court prior to the dismissal of any claims excepted herein. SIGNED and ENTERED the day of August, 2022. PRESIDING JUDGE APPROVED AS TO FORM: /s/ Emily Taylor (with permission) Nuru Witherspoon State Bar No.: 24039244 Emily Taylor State Bar No. 24046951 Witherspoon Law Group 5 5 65 Deer Creek, Unit A Dallas, Texas 75228 (214) 773-1133 witherspoon@twlglawvers.com tavlor@twlglawvers.com and Aubry “Nick” Pittman State Bar No. 16049750 The Pittman Law Firm, P.C. 100 Crescent Court, Suite 700 Dallas, Texas 75201 (214) 459-3454 pittman@thepittmanlawfinn.com Attorneys for Plaintiffs 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. Lisa Villasenor on behalf of Tasha Barnes Bar No. 00796163 LVillasenor@thompsoncoe.com Envelope ID: 67446824 Status as of 8/18/2022 4:18 PM CST Associated Case Party: TASACOM REAL ESTATE, LLC Name BarNumber Email TimestampSubmitted Status Tasha LBarnes tbarnes@thompsoncoe.com 8/18/2022 4:02:05 PM SENT Morgan Wells mwells@thompsoncoe.com 8/18/2022 4:02:05 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. Lisa Villasenor on behalf of Tasha Barnes Bar No. 00796163 LVillasenor@thompsoncoe.com Envelope ID: 67446824 Status as of 8/18/2022 4:18 PM CST Associated Case Party: HAWTHORN SUITES FRANCHISING, INC. Name BarNumber Email TimestampSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com 8/18/2022 4:02:05 PM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 8/18/2022 4:02:05 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. Lisa Villasenor on behalf of Tasha Barnes Bar No. 00796163 LVillasenor@thompsoncoe.com Envelope ID: 67446824 Status as of 8/18/2022 4:18 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status RoseMarie Chambers rose.chambers@dlapiper.com 8/18/2022 4:02:05 PM SENT NURU WITHERSPOON witherspoon@twlglawyers.com 8/18/2022 4:02:05 PM SENT Sally Jones sally.jones@dlapiper.com 8/18/2022 4:02:05 PM SENT Witherspoon Litigation |itigation@twlglawyers.com 8/18/2022 4:02:05 PM SENT sherry M.fau|kner sherry.faulkner@us.dlapiper.com 8/18/2022 4:02:05 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. Lisa Villasenor on behalf of Tasha Barnes Bar No. 00796163 LVillasenor@thompsoncoe.com Envelope ID: 67446824 Status as of 8/18/2022 4:18 PM CST Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Name BarNumber Email TimestampSubmitted Status Jason Hopkins 24059969 jason.hopkins@dlapiper.com 8/18/2022 4:02:05 PM SENT Christopher BDonovan Christopher.B.Donovan@dlapiper.com 8/18/2022 4:02:05 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. Lisa Villasenor on behalf of Tasha Barnes Bar No. 00796163 LVillasenor@thompsoncoe.com Envelope ID: 67446824 Status as of 8/18/2022 4:18 PM CST Associated Case Party: TONY EVANS Name BarNumber Email TimestampSubmitted Status Nuru Witherspoon witherspoon@twlglawyers.com 8/18/2022 4:02:05 PM SENT Emily Taylor taylor@twlg|awyers.com 8/18/2022 4:02:05 PM SENT Witherspoon Litigation litigation@twlglawyers.com 8/18/2022 4:02:05 PM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 8/18/2022 4:02:05 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. Lisa Villasenor on behalf of Tasha Barnes Bar No. 00796163 LVillasenor@thompsoncoe.com Envelope ID: 67446824 Status as of 8/18/2022 4:18 PM CST Associated Case Party: T. E. Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twlglawyers.com 8/18/2022 4:02:05 PM SENT Nuru Witherspoon Witherspoon@twlglawyerscom 8/18/2022 4:02:05 PM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 8/18/2022 4:02:05 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. Lisa Villasenor on behalf of Tasha Barnes Bar No. 00796163 LVillasenor@thompsoncoe.com Envelope ID: 67446824 Status as of 8/18/2022 4:18 PM CST Associated Case Party: ARETHA EVANS Name BarNumber Email TimestampSubmitted Status Nuru Witherspoon Witherspoon@Mlglawyers.com 8/18/2022 4:02:05 PM SENT Emily Taylor taylor@twlglawyers.com 8/18/2022 4:02:05 PM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 8/18/2022 4:02:05 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. Lisa Villasenor on behalf of Tasha Barnes Bar No. 00796163 LVillasenor@thompsoncoe.com Envelope ID: 67446824 Status as of 8/18/2022 4:18 PM CST Associated Case Party: MOHAMMADSADIQNOSHAHI Name BarNumber Email TimestampSubmitted Status Eva DeLeon edeleon@thompsoncoe.com 8/18/2022 4:02:05 PM SENT