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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
ORDER ON PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS
AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN
SUITES FRANCHISING, IN C., WYNDHAM HOTELS & RESORTS, INC., AND
WYNDHAM HOTEL GROUP, LLC
Before the Court is Plaintiffs’ Motion to Compel Production of Documents Against
Defendants and Interrogatory Responses against Defendants Hawthorn Suites Franchising, Inc.,
Wyndham Hotels & Resorts, Inc. and Wyndham Hotel Group, LLC. After reviewing the written
submissions of counsel, as well as considering their oral arguments, the Court makes the following
Orders.
As to the following duplicated Requests for Production and Interrogatories propounded on
each of these three Defendants, the Court finds and orders, as follows:
REQUEST FOR PRODUCTION NO. 2: Complete copies of all contracts,
agreements, and memoranda of understanding between Hawthorn Suites
Franchising, Inc., Wyndham Hotels & Resorts, Inc., and Wyndham Hotel Group,
ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES
AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, INC., WYNDHAM HOTELS & RESORTS, |NC., AND
WYNDHAM HOTEL GROUP, LLC - Page 1 of 11
LLC that explain or concern the roles and obligations of these entities in the
franchising and related management of Hawthorn Suites by Wyndham franchises.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 3: Complete copies of all contracts,
agreements, and memoranda of understanding between You, on the one hand, and
any of the Defendants, on the other hand.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 4: Communications and documents to and
from Defendants regarding Your duties and responsibilities as ostensible owner
and/or franchisor.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 5: Communications and documents that
explain, discuss and detail Your guidelines, processes and restrictions on transfers
and changes in franchise ownership.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 7: Complete copies of all contracts,
agreements, and memoranda of understanding between You, on the one hand, and
Brookriver Hospitality, LLC, (“Prior Franchisee”) on the other hand.
Court’s Ruling: Granted Denied Granted in part, denied in part:
ORDER 0N PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES
AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND
WYNDHAM HOTEL GROUP, LLC - Page 2 of 11
REQUEST FOR PRODUCTION NO. 8: Complete copies of communications
with Prior Franchisee regarding all crimes involving allegations of assault,
aggravated assault, sexual assault, rape, robbery, prostitution, manslaughter and/or
murder on the premises for the three years prior to the time Tasacom took over the
franchise.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 9: Complete copies of Customer Care
documentation related to the Prior Franchisee reflecting crimes involving
allegations of assault, aggravated assault, sexual assault, rape, robbery, prostitution,
manslaughter and/or murder on the premises for the three years prior to the time
Tasacom took over the franchise.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 10: Communications and documents
addressing all safety and/or security deficiencies that the Prior Franchisee was
required to address as part of the franchise requirements.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 11: Alldocuments, correspondence,
communications, letters, e-mails, memorandums, and notes of oral
communications, sent to, received from, or exchanged between or among You and
the Prior Franchisee, and/or any of Your and its respective employees,
representatives, agents, affiliates, subsidiaries, parents, partners, predecessors,
successors, or related entities regarding the possible and/or eventual termination or
transfer of the Hawthorn Suites Dallas Love Field franchise.
Court’s Ruling: Granted Denied Granted in part, denied in part:
ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES
AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND
WYNDHAM HOTEL GROUP, LLC - Page 3 of 11
REQUEST FOR PRODUCTION NO. 12: A11 documents, conespondence,
communications, letters, e-mails, memorandums, and notes of oral
communications, sent to, received from, or exchanged between or among You and
the Prior Franchisee related to the Minimum Insurance Requirements, as this term
is used in Your Standards of Operation and Design Manual.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 13: All documents, correspondence,
communications, letters, e-mails, memorandums, and notes of oral
communications, sent to, received from, or exchanged between or among You and
Tasacom related to the Minimum Insurance Requirements, as this term is used in
the Standards of Operation and Design Manual produced in this lawsuit.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 14: Documents in Your possession from
industry groups, including but not limited to, the American Hotel and Lodging
Association, that contain “best practices” to which hotels should adhere to promote
the safety and welfare of guests.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 15: Copies of the manuals and guidelines
that Your quality assurance inspectors use(d) to administer those standards
prescribed in Your Standards of Operation and Design Manual produced in this
lawsuit.
Court’s Ruling: Granted Denied Granted in part, denied in part:
ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES
AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND
WYNDHAM HOTEL GROUP, LLC - Page 4 of 11
REQUEST FOR PRODUCTION NO. 16: A11 Documents and things referring or
relating to Your actual or planned advertising and marketing channels, campaigns
or strategies used, and/or proposed, to market Your lodging in the Dallas Fort-
Worth (“DFW”) area to current or prospective guests.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 17: Documents, communications, and
Video relating to all advertising you devised or commissioned to market Your
lodging in the DFW area to current or prospective guests.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 18: For each media type in which Your
lodging the DFW area has been promoted by Defendants, those Documents and
in
things that depict such marketing including, but not limited to, social media
placements, advertisements, promotional materials, publications, displays,
brochures, procedures, manuals, or other documentation indicating that Your
lodging in the DFW area is available to current or prospective guests.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 19: All Documents and things referring or
relating to Your actual or planned advertising and marketing channels, campaigns
or strategies used, and/or proposed, to market Hawthorn Suites Dallas Love Field
to current or prospective guests.
Court’s Ruling: Granted Denied Granted in part, denied in part:
ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES
AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND
WYNDHAM HOTEL GROUP, LLC - Page 5 of 11
REQUEST FOR PRODUCTION NO. 20: Documents, communications, and
Video relating to all advettising you devised or commissioned to market Hawthorn
Suites Dallas Love Field to current or prospective guests.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 21: For each media type in which lodging
at Hawthorn Suites Dallas Love Field has been promoted by Defendants, those
Documents and things that depict such marketing including, but not limited to,
social media placements, advertisements, promotional materials, publications,
displays, brochures, procedures, manuals, or other documentation indicating that
lodging at Hawthorn Suites Dallas Love Field is available to current or prospective
guests.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 22: All email, Facebook messages or
posts, texts, tweets, electronically stored information, press releases, press
interviews, as well as all video or audio recordings in Your possession that relate
in any way to any of the facts alleged in the Plaintiffs’ live pleading in this lawsuit.
Court’s Ruling: Granted Denied Granted in part, denied in part:
ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES
AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND
WYNDHAM HOTEL GROUP, LLC - Page 6 of 11
As to the following discovery Requests solely to Defendant Hawthorn Suites Franchising,
Inc., the Court finds and orders, as follows:
REQUEST FOR PRODUCTION NO. 1: Produce corporate organizational
documents (e. g., corporate bylaws, articles of incorporation, operating agreements,
etc.) showing the structure, owners, officers, and members, if any, of Hawthorn
Suites Franchising, Inc.
Court’s Ruling: Granted Denied Granted in part, denied in part:
As to the following discovery Requests solely to Defendant Wyndham Hotels & Resorts,
Inc., the Court finds and orders, as follows:
REQUEST FOR PRODUCTION NO. 1: Produce corporate organizational
documents (e. g., corporate bylaws, articles of incorporation, operating agreements,
etc.) showing the structure, owners, officers, and members, if any, of Wyndham
Hotels & Resorts, Inc.
Court’s Ruling: Granted Denied Granted in part, denied in part:
As to the following discovery Requests solely to Defendant Wyndham Hotel Group, LLC,
the Court finds and orders, as follows:
REQUEST FOR PRODUCTION NO. 27: Produce all documents, including
emails, notes, memoranda, minutes, customer complaints or any other document,
in any format or medium, that reference, refer to, or are related to violent crime
occurring on the premises for the two years prior to the incident, including assault,
aggravated assault, crimes involving firearms, sexual assault, rape, robbery,
murder, and/or manslaughter.
Court’s Ruling: Granted Denied Granted in part, denied in part:
ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES
AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND
WYNDHAM HOTEL GROUP, LLC - Page 7 of 11
REQUEST FOR PRODUCTION NO. 28: Produce all documents, including
emails, notes, memoranda, minutes, or any other document, in any format or
medium, that reference, refer to, acknowledge, and/or are related to the premises
being referred to as, or presumed to be, a “Habitual Criminal Property” by the City
of Dallas while franchised by Tasacom.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 29: Produce all correspondence, including
emails, texts, or any other format or medium, between you and any party to this
lawsuit that relates to crime on the premises within the last five years.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 30: Produce all documents and or
electronic files, information, or modules contained within the Brand Standard
Portal, including all Tools and Resources, that were in effect at the time of the
incident and were applicable to the hotel or to Tasacom.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 32: Produce all documents related to any
warnings you provided to the hotel regarding the hotel’s operation, including with
regard to safety and security, as a result of the incident and for the three years prior
to the incident.
Court’s Ruling: Granted Denied Granted in part, denied in part:
ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES
AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND
WYNDHAM HOTEL GROUP, LLC - Page 8 of 11
REQUEST FOR PRODUCTION NO. 35: A11 documents, including emails,
related to or discussing how the hotel could lose its franchise and/or its ability to
license your name, trademarks, and/or service marks, as well as all documents
related to any discussions that the hotel was at risk to lose its franchise and/or its
ability to use your name, trademarks, and/or service marks.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 36: All documents, including emails,
related to your authority to terminate or direct the termination of the hotel’s
franchise or use of your name, trademarks, and/or service marks.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 38: A11 documents, including
correspondence, whether electronic or otherwise, that were provided to you by
Hawthorn or Wyndham, Inc. or that you provided to Hawthorn or Wyndham, Inc.
that reference crime or the risk of crime on the premises for the two years prior to
the incident.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 39: All documents related to the
conclusions and/or results of the quality assurance inspections of the hotel and/or
the premises within the last five years.
Court’s Ruling: Granted Denied Granted in part, denied in part:
ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES
AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND
WYNDHAM HOTEL GROUP, LLC - Page 9 of 11
REQUEST FOR PRODUCTION NO. 40: A11 policies, suggestions, and
procedures related to quality assurance inspections of hotels that were in effect at
the time of the incident.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 41: All documents related to training hotel
employees and management with regard to the health, safety and security of hotel
guests and invitees on the property.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 42: Produce all documents relating to your
analysis, assessment, investigation, and/or due diligence with regard to the
premises and its surroundings between the time period when the Prior Franchisee’s
franchise ended and Tasacom became a franchisee.
Court’s Ruling: Granted Denied Granted in part, denied in part:
REQUEST FOR PRODUCTION NO. 45: Produce all documents related to the
hotel’s operation, safety and security policies and procedures, management, and/or
employee and/or management training, including any suggestions you have made
to the hotel regarding the operation of the hotel, the safety and security of the
premises, the hotel’s management, and/or training of the hotel’s personnel and/or
management.
Court’s Ruling: Granted Denied Granted in part, denied in part:
ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES
AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND
WYNDHAM HOTEL GROUP, LLC - Page 10 of 11
REQUEST FOR PRODUCTION NO. 46: A11 conespondence by or between you
and any other Defendant related to crime on the premises for the previous five
years.
Court’s Ruling: Granted Denied Granted in part, denied in part:
For all Requests for Production granted or granted in part herein, the documents and
information Ordered to be produced or provided must be served on Plaintiffs’ counsel by the
day of , 2023.
IT IS SO ORDERED.
PRESIDING JUDGE
ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES
AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND
WYNDHAM HOTEL GROUP, LLC - Page 11 of 11
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: 71920796
Status as of 1/19/2023 8:19 AM CST
Associated Case Party: TASACOM REAL ESTATE, LLC
Name BarNumber Email TimestampSubmitted Status
Tasha LBarnes tbarnes@thompsoncoe.com 1/18/2023 5:25:45 PM SENT
LISA V |vi|lasenor@thompsoncoe.com 1/18/2023 5:25:45 PM SENT
Associated Case Party: HAWTHORN SUITES FRANCHISING, INC.
Name BarN umber Email Timestam pSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 1/18/2023 5:25:45 PM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 1/18/2023 5:25:45 PM SENT
Ronald DHinds rdhinds@verizon.net 1/18/2023 5:25:45 PM SENT
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Name BarNumber Email Timestam pSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 1/18/2023 5:25:45 PM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 1/18/2023 5:25:45 PM SENT
Ronald DHinds rdhinds@verizon.net 1/18/2023 5:25:45 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
RoseMarie Chambers rose.chambers@dlapiper.oom 1/18/2023 5:25:45 PM SENT
NURU WITHERSPOON witherspoon@twlglavwerscom 1/18/2023 5:25:45 PM SENT
Sally Jones sally.jones@dlapiper.com 1/18/2023 5:25:45 PM SENT
Ronald DHinds rdhinds@verizon.net 1/18/2023 5:25:45 PM SENT
sherry M.faulkner sherry.faulkner@us.dlapiper.com 1/18/2023 5:25:45 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.
Brisia Mendoza on behalf of Emily Taylor
Bar No. 24046951
mendoza@twlglawyers.com
Envelope ID: 71920796
Status as of 1/19/2023 8:19 AM CST
Associated Case Party: MOHAMMADSADIQNOSHAHI
Name BarNumber Email TimestampSubmitted Status
Ronald DHinds rdhinds@verizon.net 1/18/2023 5:25:45 PM SENT
Eva DeLeon edeleon@thompsoncoe.com 1/18/2023 5:25:45 PM SENT
Associated Case Party: TONY EVANS
Name BarNumber Email TimestampSubmitted Status
Nuru Witherspoon |itigation@twlglawyers.com 1/18/2023 5:25:45 PM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 1/18/2023 5:25:45 PM SENT
Emily Taylor taylor@twlglawyers.com 1/18/2023 5:25:45 PM SENT
Associated Case Party: T. E.
Name BarN um ber Email TimestampSubmitted Status
Emily Taylor taylor@tw|glawyers.com 1/18/2023 5:25:45 PM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 1/18/2023 5:25:45 PM SENT
Nuru Witherspoon litigation@twlglawyers.com 1/18/2023 5:25:45 PM SENT
Associated Case Party: ARETHA EVANS
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@tw|glawyers.com 1/18/2023 5:25:45 PM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 1/18/2023 5:25:45 PM SENT
Nuru Witherspoon litigation@twlglawyers.com 1/ 18/2023 5:25:45 PM SENT
Preview
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 ORDER ON PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, IN C., WYNDHAM HOTELS & RESORTS, INC., AND WYNDHAM HOTEL GROUP, LLC Before the Court is Plaintiffs’ Motion to Compel Production of Documents Against Defendants and Interrogatory Responses against Defendants Hawthorn Suites Franchising, Inc., Wyndham Hotels & Resorts, Inc. and Wyndham Hotel Group, LLC. After reviewing the written submissions of counsel, as well as considering their oral arguments, the Court makes the following Orders. As to the following duplicated Requests for Production and Interrogatories propounded on each of these three Defendants, the Court finds and orders, as follows: REQUEST FOR PRODUCTION NO. 2: Complete copies of all contracts, agreements, and memoranda of understanding between Hawthorn Suites Franchising, Inc., Wyndham Hotels & Resorts, Inc., and Wyndham Hotel Group, ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, INC., WYNDHAM HOTELS & RESORTS, |NC., AND WYNDHAM HOTEL GROUP, LLC - Page 1 of 11 LLC that explain or concern the roles and obligations of these entities in the franchising and related management of Hawthorn Suites by Wyndham franchises. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 3: Complete copies of all contracts, agreements, and memoranda of understanding between You, on the one hand, and any of the Defendants, on the other hand. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 4: Communications and documents to and from Defendants regarding Your duties and responsibilities as ostensible owner and/or franchisor. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 5: Communications and documents that explain, discuss and detail Your guidelines, processes and restrictions on transfers and changes in franchise ownership. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 7: Complete copies of all contracts, agreements, and memoranda of understanding between You, on the one hand, and Brookriver Hospitality, LLC, (“Prior Franchisee”) on the other hand. Court’s Ruling: Granted Denied Granted in part, denied in part: ORDER 0N PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND WYNDHAM HOTEL GROUP, LLC - Page 2 of 11 REQUEST FOR PRODUCTION NO. 8: Complete copies of communications with Prior Franchisee regarding all crimes involving allegations of assault, aggravated assault, sexual assault, rape, robbery, prostitution, manslaughter and/or murder on the premises for the three years prior to the time Tasacom took over the franchise. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 9: Complete copies of Customer Care documentation related to the Prior Franchisee reflecting crimes involving allegations of assault, aggravated assault, sexual assault, rape, robbery, prostitution, manslaughter and/or murder on the premises for the three years prior to the time Tasacom took over the franchise. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 10: Communications and documents addressing all safety and/or security deficiencies that the Prior Franchisee was required to address as part of the franchise requirements. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 11: Alldocuments, correspondence, communications, letters, e-mails, memorandums, and notes of oral communications, sent to, received from, or exchanged between or among You and the Prior Franchisee, and/or any of Your and its respective employees, representatives, agents, affiliates, subsidiaries, parents, partners, predecessors, successors, or related entities regarding the possible and/or eventual termination or transfer of the Hawthorn Suites Dallas Love Field franchise. Court’s Ruling: Granted Denied Granted in part, denied in part: ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND WYNDHAM HOTEL GROUP, LLC - Page 3 of 11 REQUEST FOR PRODUCTION NO. 12: A11 documents, conespondence, communications, letters, e-mails, memorandums, and notes of oral communications, sent to, received from, or exchanged between or among You and the Prior Franchisee related to the Minimum Insurance Requirements, as this term is used in Your Standards of Operation and Design Manual. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 13: All documents, correspondence, communications, letters, e-mails, memorandums, and notes of oral communications, sent to, received from, or exchanged between or among You and Tasacom related to the Minimum Insurance Requirements, as this term is used in the Standards of Operation and Design Manual produced in this lawsuit. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 14: Documents in Your possession from industry groups, including but not limited to, the American Hotel and Lodging Association, that contain “best practices” to which hotels should adhere to promote the safety and welfare of guests. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 15: Copies of the manuals and guidelines that Your quality assurance inspectors use(d) to administer those standards prescribed in Your Standards of Operation and Design Manual produced in this lawsuit. Court’s Ruling: Granted Denied Granted in part, denied in part: ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND WYNDHAM HOTEL GROUP, LLC - Page 4 of 11 REQUEST FOR PRODUCTION NO. 16: A11 Documents and things referring or relating to Your actual or planned advertising and marketing channels, campaigns or strategies used, and/or proposed, to market Your lodging in the Dallas Fort- Worth (“DFW”) area to current or prospective guests. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 17: Documents, communications, and Video relating to all advertising you devised or commissioned to market Your lodging in the DFW area to current or prospective guests. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 18: For each media type in which Your lodging the DFW area has been promoted by Defendants, those Documents and in things that depict such marketing including, but not limited to, social media placements, advertisements, promotional materials, publications, displays, brochures, procedures, manuals, or other documentation indicating that Your lodging in the DFW area is available to current or prospective guests. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 19: All Documents and things referring or relating to Your actual or planned advertising and marketing channels, campaigns or strategies used, and/or proposed, to market Hawthorn Suites Dallas Love Field to current or prospective guests. Court’s Ruling: Granted Denied Granted in part, denied in part: ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND WYNDHAM HOTEL GROUP, LLC - Page 5 of 11 REQUEST FOR PRODUCTION NO. 20: Documents, communications, and Video relating to all advettising you devised or commissioned to market Hawthorn Suites Dallas Love Field to current or prospective guests. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 21: For each media type in which lodging at Hawthorn Suites Dallas Love Field has been promoted by Defendants, those Documents and things that depict such marketing including, but not limited to, social media placements, advertisements, promotional materials, publications, displays, brochures, procedures, manuals, or other documentation indicating that lodging at Hawthorn Suites Dallas Love Field is available to current or prospective guests. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 22: All email, Facebook messages or posts, texts, tweets, electronically stored information, press releases, press interviews, as well as all video or audio recordings in Your possession that relate in any way to any of the facts alleged in the Plaintiffs’ live pleading in this lawsuit. Court’s Ruling: Granted Denied Granted in part, denied in part: ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND WYNDHAM HOTEL GROUP, LLC - Page 6 of 11 As to the following discovery Requests solely to Defendant Hawthorn Suites Franchising, Inc., the Court finds and orders, as follows: REQUEST FOR PRODUCTION NO. 1: Produce corporate organizational documents (e. g., corporate bylaws, articles of incorporation, operating agreements, etc.) showing the structure, owners, officers, and members, if any, of Hawthorn Suites Franchising, Inc. Court’s Ruling: Granted Denied Granted in part, denied in part: As to the following discovery Requests solely to Defendant Wyndham Hotels & Resorts, Inc., the Court finds and orders, as follows: REQUEST FOR PRODUCTION NO. 1: Produce corporate organizational documents (e. g., corporate bylaws, articles of incorporation, operating agreements, etc.) showing the structure, owners, officers, and members, if any, of Wyndham Hotels & Resorts, Inc. Court’s Ruling: Granted Denied Granted in part, denied in part: As to the following discovery Requests solely to Defendant Wyndham Hotel Group, LLC, the Court finds and orders, as follows: REQUEST FOR PRODUCTION NO. 27: Produce all documents, including emails, notes, memoranda, minutes, customer complaints or any other document, in any format or medium, that reference, refer to, or are related to violent crime occurring on the premises for the two years prior to the incident, including assault, aggravated assault, crimes involving firearms, sexual assault, rape, robbery, murder, and/or manslaughter. Court’s Ruling: Granted Denied Granted in part, denied in part: ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND WYNDHAM HOTEL GROUP, LLC - Page 7 of 11 REQUEST FOR PRODUCTION NO. 28: Produce all documents, including emails, notes, memoranda, minutes, or any other document, in any format or medium, that reference, refer to, acknowledge, and/or are related to the premises being referred to as, or presumed to be, a “Habitual Criminal Property” by the City of Dallas while franchised by Tasacom. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 29: Produce all correspondence, including emails, texts, or any other format or medium, between you and any party to this lawsuit that relates to crime on the premises within the last five years. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 30: Produce all documents and or electronic files, information, or modules contained within the Brand Standard Portal, including all Tools and Resources, that were in effect at the time of the incident and were applicable to the hotel or to Tasacom. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 32: Produce all documents related to any warnings you provided to the hotel regarding the hotel’s operation, including with regard to safety and security, as a result of the incident and for the three years prior to the incident. Court’s Ruling: Granted Denied Granted in part, denied in part: ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND WYNDHAM HOTEL GROUP, LLC - Page 8 of 11 REQUEST FOR PRODUCTION NO. 35: A11 documents, including emails, related to or discussing how the hotel could lose its franchise and/or its ability to license your name, trademarks, and/or service marks, as well as all documents related to any discussions that the hotel was at risk to lose its franchise and/or its ability to use your name, trademarks, and/or service marks. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 36: All documents, including emails, related to your authority to terminate or direct the termination of the hotel’s franchise or use of your name, trademarks, and/or service marks. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 38: A11 documents, including correspondence, whether electronic or otherwise, that were provided to you by Hawthorn or Wyndham, Inc. or that you provided to Hawthorn or Wyndham, Inc. that reference crime or the risk of crime on the premises for the two years prior to the incident. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 39: All documents related to the conclusions and/or results of the quality assurance inspections of the hotel and/or the premises within the last five years. Court’s Ruling: Granted Denied Granted in part, denied in part: ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND WYNDHAM HOTEL GROUP, LLC - Page 9 of 11 REQUEST FOR PRODUCTION NO. 40: A11 policies, suggestions, and procedures related to quality assurance inspections of hotels that were in effect at the time of the incident. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 41: All documents related to training hotel employees and management with regard to the health, safety and security of hotel guests and invitees on the property. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 42: Produce all documents relating to your analysis, assessment, investigation, and/or due diligence with regard to the premises and its surroundings between the time period when the Prior Franchisee’s franchise ended and Tasacom became a franchisee. Court’s Ruling: Granted Denied Granted in part, denied in part: REQUEST FOR PRODUCTION NO. 45: Produce all documents related to the hotel’s operation, safety and security policies and procedures, management, and/or employee and/or management training, including any suggestions you have made to the hotel regarding the operation of the hotel, the safety and security of the premises, the hotel’s management, and/or training of the hotel’s personnel and/or management. Court’s Ruling: Granted Denied Granted in part, denied in part: ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND WYNDHAM HOTEL GROUP, LLC - Page 10 of 11 REQUEST FOR PRODUCTION NO. 46: A11 conespondence by or between you and any other Defendant related to crime on the premises for the previous five years. Court’s Ruling: Granted Denied Granted in part, denied in part: For all Requests for Production granted or granted in part herein, the documents and information Ordered to be produced or provided must be served on Plaintiffs’ counsel by the day of , 2023. IT IS SO ORDERED. PRESIDING JUDGE ORDER ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AGAINST DEFENDANTS HAWTHORN SUITES FRANCHISING, |NC., WYNDHAM HOTELS & RESORTS, |NC., AND WYNDHAM HOTEL GROUP, LLC - Page 11 of 11 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: 71920796 Status as of 1/19/2023 8:19 AM CST Associated Case Party: TASACOM REAL ESTATE, LLC Name BarNumber Email TimestampSubmitted Status Tasha LBarnes tbarnes@thompsoncoe.com 1/18/2023 5:25:45 PM SENT LISA V |vi|lasenor@thompsoncoe.com 1/18/2023 5:25:45 PM SENT Associated Case Party: HAWTHORN SUITES FRANCHISING, INC. Name BarN umber Email Timestam pSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com 1/18/2023 5:25:45 PM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 1/18/2023 5:25:45 PM SENT Ronald DHinds rdhinds@verizon.net 1/18/2023 5:25:45 PM SENT Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Name BarNumber Email Timestam pSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com 1/18/2023 5:25:45 PM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 1/18/2023 5:25:45 PM SENT Ronald DHinds rdhinds@verizon.net 1/18/2023 5:25:45 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status RoseMarie Chambers rose.chambers@dlapiper.oom 1/18/2023 5:25:45 PM SENT NURU WITHERSPOON witherspoon@twlglavwerscom 1/18/2023 5:25:45 PM SENT Sally Jones sally.jones@dlapiper.com 1/18/2023 5:25:45 PM SENT Ronald DHinds rdhinds@verizon.net 1/18/2023 5:25:45 PM SENT sherry M.faulkner sherry.faulkner@us.dlapiper.com 1/18/2023 5:25:45 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. Brisia Mendoza on behalf of Emily Taylor Bar No. 24046951 mendoza@twlglawyers.com Envelope ID: 71920796 Status as of 1/19/2023 8:19 AM CST Associated Case Party: MOHAMMADSADIQNOSHAHI Name BarNumber Email TimestampSubmitted Status Ronald DHinds rdhinds@verizon.net 1/18/2023 5:25:45 PM SENT Eva DeLeon edeleon@thompsoncoe.com 1/18/2023 5:25:45 PM SENT Associated Case Party: TONY EVANS Name BarNumber Email TimestampSubmitted Status Nuru Witherspoon |itigation@twlglawyers.com 1/18/2023 5:25:45 PM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 1/18/2023 5:25:45 PM SENT Emily Taylor taylor@twlglawyers.com 1/18/2023 5:25:45 PM SENT Associated Case Party: T. E. Name BarN um ber Email TimestampSubmitted Status Emily Taylor taylor@tw|glawyers.com 1/18/2023 5:25:45 PM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 1/18/2023 5:25:45 PM SENT Nuru Witherspoon litigation@twlglawyers.com 1/18/2023 5:25:45 PM SENT Associated Case Party: ARETHA EVANS Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@tw|glawyers.com 1/18/2023 5:25:45 PM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 1/18/2023 5:25:45 PM SENT Nuru Witherspoon litigation@twlglawyers.com 1/ 18/2023 5:25:45 PM SENT