Preview
FILED
3/10/2023 12:46 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA EVANS, § IN THE DISTRICT COURT OF
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 §
§ DALLAS COUNTY, TEXAS
Plaintiffs, §
§
vs. §
§
TASACOM REAL ESTATE, LLC ET AL §
§
Defendants. § 162nd JUDICIAL DISTRICT
WYNDHAM DEFENDANTS’ AMENDED
MOTION TO QUASH DEPOSITION NOTICES
Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn
Suites Franchising, Inc. (collectively, the “Wyndham Defendants”) file this Amended Motion to
Quash (the “Motion”) and respectfully state as follows:
I. INTRODUCTION
The Wyndham Defendants are forced to file this Motion because Plaintiffs unilaterally
noticed the depositions of the Wyndham Defendants and Rachel Dabrowa on March 8, 2023. See
Exhibits A and B, true and correct copies of the deposition notices served by Plaintiffs. Plaintiffs
failed to confer with the Wyndham Defendants, who are unavailable on the proposed dates of
March 16 and 17, 2023. Further, the Wyndham Defendants notified Plaintiffs explicitly that they
would not present anyone for deposition absent court order. Finally, Plaintiffs noticed the
depositions for dates on which counsel for Tasacom Real Estate, LLC (“Tasacom”) is unavailable
as evidenced by the vacation letter filed on February 10, 2023. For these reasons, the Wyndham
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WYNDHAM DEFENDANTS’ AMENDED MOTION TO QUASH DEPOSITION NOTICES
EAST\201258789.2
Defendants respectfully request that the Court quash the deposition notices served by Plaintiffs on
March 8, 2023.
II. ARGUMENT & AUTHORITIES
A party or witness may object “to the time and place designated for an oral deposition by
motion for protective order or by motion to quash the notice of deposition.” Tex. R. Civ. P. 199.4.
If a party or witness filed such a motion “by the third business day after service of the notice of
deposition, an objection to the time and place of a deposition stays the oral deposition until the
motion can be determined.” Tex. R. Civ. P. 1994.
The Wyndham Defendants file this Motion within three business days of service of
Plaintiffs’ deposition notices, thereby automatically quashing the depositions. The Wyndham
Defendants and their counsel are unavailable for the dates Plaintiffs unilaterally noticed.
Furthermore, the Wyndham Defendants explained that they would not engage in further discovery
absent an order from the Court compelling that result.
Finally, Defendant Tasacom is also unavailable for the deposition. Counsel filed a vacation
letter on February 10, 2023, providing that she would be unavailable beginning March 13, 2023
through March 17, 2023.
III. PRAYER
The Wyndham Defendants respectfully request that the Court enter an order quashing the
Wyndham Defendants and Rachel Dabrowa Deposition Notices and granting any further relief to
which the Wyndham Defendants may be justly entitled.
[signature page follows]
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WYNDHAM DEFENDANTS’ AMENDED MOTION TO QUASH DEPOSITION NOTICES
EAST\201258789.2
Dated: March 10, 2023.
Respectfully submitted,
DLA PIPER LLP (US)
/s/ Jason M. Hopkins
Jason M. Hopkins
Texas Bar No. 24059969
Taylor Reed
Texas Bar No. 24101958
1900 N. Pearl Street, Suite 2200
Dallas, Texas 75201
TEL. 214-743-4500/FAX: 214-743-4545
Email: Jason.Hopkins@us.dlapiper.com
Email: Taylor.Reed@us.dlapiper.com
ATTORNEYS DEFENDANTS WYNDHAM
HOTELS & RESORTS, INC., WYNDHAM
HOTEL GROUP, LLC, AND HAWTHORN
SUITES FRANCHISING, INC.
CERTIFICATE OF SERVICE
I hereby certify that, on March 10, 2023, a true and correct copy of the foregoing document
was served on counsel of record in accordance with the Texas Rules of Civil Procedure via the
court’s electronic filing system.
/s/ Jason Hopkins
Jason Hopkins
3
WYNDHAM DEFENDANTS’ AMENDED MOTION TO QUASH DEPOSITION NOTICES
EAST\201258789.2
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, FAITH TANKSLEY on behalf of
§
minor T.E., III, individually and on behalf of
§
his father, T.E., deceased, and DEON WILLIAMS,
§
§
Plaintiffs, §
§
v. §
§
TASACOM REAL ESTATE, LLC d/b/a § 162nd 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’ NOTICE OF DEPOSITION OF WYNDHAM DEFENDANTS
TO: Defendants Hawthorn Suites Franchising, Inc., Wyndham Hotels & Resorts, Inc. and
Wyndham Hotel Group, LLC., by and through their attorney of record, DLA PIPER LLP
(US).
PLEASE TAKE NOTICE that 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”), by and through their attorneys of record, will take the oral deposition of Defendants
Hawthorn Suites Franchising, Inc., Wyndham Hotels & Resorts, Inc. and Wyndham Hotel Group,
LLC (the “Wyndham Defendants”) pursuant to Rule 199.2 (b)(2) of the Texas Rules of Civil
Procedure. The deposition will also be videotaped. Said deposition is to be taken on March 16,
2023, commencing at 9:30 a.m. and continuing day to day thereafter until completed.
EXHIBIT
A
The deposition will be conducted via the Zoom webcast platform with log-in credentials to be
provided by the court reporter prior to the deposition. The witness must remain in attendance via
Zoom from day to day until their respective deposition is completed.
Pursuant to Texas Rule of Civil Procedure 199.2(b)(1) and (2), the Wyndham Defendants
shall designate one or more officers, directors, or managing agents, or other persons who consent
to testify on its behalf, for each individual designated, the matters on which the individual will
testify on each of the topics set forth on Exhibit “B” attached hereto. The person(s) designated
shall testify as to matters known or reasonably available to the Wyndham Defendants. The
deposition will be taken before a certified court reporter, may be videotaped, and the videotape
and stenographic copy of the deposition may be used in evidence upon the trial or at any hearing
of the above-referenced cause.
Plaintiffs’ counsel requests that Defendant’s counsel provide notification of the name and
title of each designated corporate representative(s) at least two (2) business days before the
scheduled deposition.
Respectfully Submitted,
/s/ Nuru Witherspoon
NURU WITHERSPOON /s/ Aubrey “Nick” Pittman
State Bar No. 24039244 AUBREY “NICK” PITTMAN
witherspoon@twlglawyers.com State Bar No. 16049750
EMILY TAYLOR THE PITTMAN LAW FIRM, P.C.
State Bar No. 24046951 100 Crescent Court, Suite 700
taylor@twlglawyers.com Dallas, Texas 75201-2112
214-459-3454 – Telephone
WITHERSPOON LAW GROUP 214-853-5912 - Fax
pittman@thepittmanlawfirm.com
5565 Deer Creek, Unit A
Dallas, Texas 75228
214-773-1133 – Telephone
972-696-9982 – Fax
PLAINTIFFS’ NOTICE OF DEPOSITION - Page 2 of 8
CERTIFICATE OF SERVICE
I hereby certify that on March 8th, 2023, 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/ Emily Taylor______
Emily Taylor
PLAINTIFFS’ NOTICE OF DEPOSITION - Page 3 of 8
EXHIBIT “A”
DEFINITIONS AND INSTRUCTIONS
This Notice incorporates, without limiting the scope of the Texas Rules of Civil Procedure,
the following definitions:
1. “You,” “Your,” and “Wyndham” shall mean and refer to Defendants Hawthorn Suites
Franchising, Inc., Wyndham Hotels & Resorts, Inc. and Wyndham Hotel Group, LLC and each of their
respective present and former officers, directors, employees, agents, drivers, attorneys, partners,
corporate parent, if any, predecessors, subsidiaries, affiliated companies, and all other persons acting or
purporting to act on behalf of Wyndham.
2. The “Property” and “Hawthorn Suites Dallas Love Field,” shall refer to that property
located at 7900 Brookriver Drive, Dallas, TX 75247.
3. “Tasacom” shall mean and refer to Defendants Tasacom Real Estate, Tasacom
Technologies, Inc. and all of their present and former officers, directors, employees, agents, drivers,
attorneys, partners, corporate parent, if any, predecessors, subsidiaries, affiliated companies, and all
other persons acting or purporting to act as an owner of the business known as the Property.
4. “Previous Franchisee” shall mean and refer to the owner of the Hawthorn Suites Dallas
Love Field immediately before Tasacom’s purchase of it and each of their respective present and former
officers, directors, employees, agents, drivers, attorneys, partners, corporate parent, if any, predecessors,
subsidiaries, affiliated companies, and all other persons acting or purporting to act as an owner of the
business known as known as the Property.
5. “Incident in question” shall refer to the shooting incident at Hawthorn Suites Dallas
Love Field on April 11, 2021, where Tony Evans was killed and Deon Williams was injured.
6. “Document” means any writing and any other tangible thing in Your custody,
possession, or control, whether printed, recorded, reproduced by any process, or written or contained in
PLAINTIFFS’ NOTICE OF DEPOSITION - Page 4 of 8
a computer (mainframe or otherwise) or on a computer disc, tape, software or electronic media of any
kind or data compilation or produced by hand. Set forth below is a list of examples of writings and
tangible things which are included within this definition. The list is not an exclusive list of the writings
and tangible things included within this definition, but rather are intended to aid you in producing the
documents that are requested. Examples of writings and tangible things included within the definition
of “document” are as follows:
Letters; e-mails; faxes; reports; agreements; intracompany and intercompany
communications; correspondence; text messages, telegrams; memoranda; summaries or
records of conversations; diaries; calendars; photographs; tape recordings; models;
charts; plans; drawings; agendas; minutes or records of conferences or meetings;
expressions or statements of policy; lists of persons attending meetings or conferences;
summaries; investigations; opinions or reports of consultants; appraisals; records;
brochures; pamphlets; advertisements; circulars; trade letters; reports, summaries or
analyses prepared by or for any governmental entity or agency; press releases; drafts of
any documents; revisions of drafts of any documents; canceled checks; bank statements;
invoices; receipts; and notes.
7. “Communication” and “communications” means any contact or act by which any
information or knowledge is transmitted or conveyed between two or more persons and shall include,
without limitation, written contact by such means as letters, memoranda, e-mails, “instant messages,”
telegrams, telex, or by any document, and oral contact by such means as face-to-face meetings and
telephone conversations.
8. The words “or,” “and,” “all,” “every,” “any,” “each,” “one or more,” including,” and
similar words of guidance are intended merely as such and should not be construed as words of
limitation. The words “or” and “and” shall include each other whenever possible to expand, not restrict,
the scope of the request. The word “including” shall not limit any general category or description that
precedes it. The words “all,” “every,” “any,” “each,” and “one or more” shall include each other, when
appropriate, to expand, not restrict, the scope of the Request.
PLAINTIFFS’ NOTICE OF DEPOSITION - Page 5 of 8
9. The words “refer to,” “relate to,” “reflect” and “concern” a given subject means
concerning, referring to, alluding to, responding to, connected with, commenting on, in respect of, about,
regarding, discussing, showing, describing, mentioning, reflecting, analyzing, constituting, evidencing,
identifying or in any way pertinent to that certain subject.
10. The word “person” means any natural person or any business, legal or governmental
entity or association, including, but not limited to, private and public partnerships, associations,
corporations, joint ventures, sole proprietorships, firms, and governments.
11. The use of the singular form of any word includes the plural and vice versa.
12. This Notice seeks disclosure to the full extent of the Texas Rules of Civil Procedure and
applicable laws and shall be interpreted as inclusive rather than exclusive.
PLAINTIFFS’ NOTICE OF DEPOSITION - Page 6 of 8
EXHIBIT “B”
1. Organization, general structure, and interrelationship of the Wyndham Defendants;
2. Contracts You have and had with Tasacom;
3. Contracts You have had with the Previous Franchisee;
4. Circumstances behind the sale or transfer of the Premises from the Previous Franchisee to
Tasacom;
5. Training You supplied and/or made available to Tasacom regarding premises safety and
security;
6. Training You supplied and/or made available to Tasacom regarding the Quality Assurance
Process, as that term is used in Your Standards of Operation and Design Manual;
7. Training You supplied and/or made available to Tasacom regarding the Property
Improvement Plan as that term is used in Your Standards of Operation and Design Manual;
8. The implementation and administration of the Property Improvement Plan, as that term is
used in Your Standards of Operation and Design Manual;
9. The implementation and administration of the Quality Assurance Process, as that term is
used in Your Standards of Operation and Design Manual;
10. Inspections and site visits You made of the Property during 2017-2021 as well as the
parameters and purposes thereof, and all personnel involved;
11. Quality Assurance Evaluations reports issued by You during 2016-2021 related to the
Property;
12. General details regarding the method and procedure for tracking customer complaints (e.g.
criminal activity) during 2017-2021 regarding the Property, actions taken with regard
thereto, and personnel involved therewith;
13. The process and procedures You used to review and approve insurance coverage for the
Property, and the date You became aware of the nature and scope of insurance in effect on
the Property in 2021;
14. The process and procedures You used to review and approve the financial well-being of all
owners of the Property during 2017-2021;
15. The process and procedures You use to determine whether a franchise can or should be
involuntarily terminated;
16. When You became aware that the Property had been, or could be, designated by the City
of Dallas as a Habitual Criminal Property and the attendant circumstances surrounding
such knowledge;
PLAINTIFFS’ NOTICE OF DEPOSITION - Page 7 of 8
17. The process and procedures by which you became aware of allegations of criminal activity
at or in the immediate vicinity of the Property and actions taken as a result thereof during
2016-2021;
18. Typical formats of documents the Property owners used to transmit information to You
regarding criminal activity at or in the immediate vicinity of the Property during 2016-
2021;
19. When You became aware of the Incident in Question and the attendant circumstances
surrounding such knowledge;
20. Investigations of the incident in question performed by You, including:
a. Dates of the investigation(s);
b. Identities of those conducting the investigations;
c. CCTV tapes of the Incident in Question;
d. Written and oral statements of witnesses;
e. Notes of interviews with witnesses;
f. Tape recordings of any and all oral statements and/or interviews of witnesses;
g. Transcriptions of any tape recordings of any and all oral statements and/or
interviews of witnesses;
h. Reports regarding the results of any and all investigations;
i. Correspondence received from or sent to Plaintiffs, if any;
j. Correspondence received from or sent to any other Defendant;
k. Correspondence received from or sent to any person other than privileged
communication to counsel;
l. Documents relating to or evidencing discussions between Defendants regarding the
Incident in Question;
m. Documents received from or sent to any person (other than attorney/client
communication) regarding the Incident in Question;
21. Advertising and/or marketing of the Property during 2018-2021; and
22. Advertising and/or marketing of Your franchisees in the DFW area during 2018-2021.
PLAINTIFFS’ NOTICE OF DEPOSITION - Page 8 of 8
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: 73454897
Status as of 3/8/2023 10:53 AM CST
Associated Case Party: TASACOM REAL ESTATE, LLC
Name BarNumber Email TimestampSubmitted Status
Tasha LBarnes tbarnes@thompsoncoe.com 3/8/2023 10:52:23 AM SENT
LISA V lvillasenor@thompsoncoe.com 3/8/2023 10:52:23 AM SENT
Associated Case Party: HAWTHORN SUITES FRANCHISING, INC.
Name BarNumber Email TimestampSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 3/8/2023 10:52:23 AM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 3/8/2023 10:52:23 AM SENT
Ronald DHinds rdhinds@verizon.net 3/8/2023 10:52:23 AM SENT
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Name BarNumber Email TimestampSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 3/8/2023 10:52:23 AM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 3/8/2023 10:52:23 AM SENT
Ronald DHinds rdhinds@verizon.net 3/8/2023 10:52:23 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
RoseMarie Chambers rose.chambers@dlapiper.com 3/8/2023 10:52:23 AM SENT
NURU WITHERSPOON witherspoon@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Sally Jones sally.jones@dlapiper.com 3/8/2023 10:52:23 AM SENT
sherry M.faulkner sherry.faulkner@us.dlapiper.com 3/8/2023 10:52:23 AM SENT
Associated Case Party: MOHAMMADSADIQNOSHAHI
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: 73454897
Status as of 3/8/2023 10:53 AM CST
Associated Case Party: MOHAMMADSADIQNOSHAHI
Name BarNumber Email TimestampSubmitted Status
Ronald DHinds rdhinds@verizon.net 3/8/2023 10:52:23 AM SENT
Eva DeLeon edeleon@thompsoncoe.com 3/8/2023 10:52:23 AM SENT
Associated Case Party: TONY EVANS
Name BarNumber Email TimestampSubmitted Status
Nuru Witherspoon litigation@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/8/2023 10:52:23 AM SENT
Leslie Montano montano@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Emily Taylor taylor@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Associated Case Party: T. E.
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/8/2023 10:52:23 AM SENT
Nuru Witherspoon litigation@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Associated Case Party: ARETHA EVANS
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/8/2023 10:52:23 AM SENT
Nuru Witherspoon litigation@twlglawyers.com 3/8/2023 10:52:23 AM SENT
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, FAITH TANKSLEY on behalf of
§
minor T.E., III, individually and on behalf of
§
his father, T.E., deceased, and DEON WILLIAMS,
§
§
Plaintiffs, §
§
v. §
§
TASACOM REAL ESTATE, LLC d/b/a § 162nd 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’ NOTICE OF DEPOSITION OF RACHEL DABROWA
PLEASE TAKE NOTICE that 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”), by and through their attorneys of record, will take the oral and video deposition of
Rachel Dabrowa before an officer authorized to administer oaths and/or report and video oral
deposition testimony.
The deposition will take place on March 17, 2023, beginning at 9:30 a.m.
THIS DEPOSITION WILL BE TAKEN BY REMOTE CONFERENCING
USING ZOOM OR SIMILAR VIDEO COMMUNICATIONS
All parties are invited to attend and propound such questions to the witness under the Texas
Rules of Civil Procedure. EXHIBIT
B
Respectfully Submitted,
/s/ Nuru Witherspoon
NURU WITHERSPOON /s/ Aubrey “Nick” Pittman
State Bar No. 24039244 AUBREY “NICK” PITTMAN
witherspoon@twlglawyers.com State Bar No. 16049750
EMILY TAYLOR THE PITTMAN LAW FIRM, P.C.
State Bar No. 24046951 100 Crescent Court, Suite 700
taylor@twlglawyers.com Dallas, Texas 75201-2112
214-459-3454 – Telephone
WITHERSPOON LAW GROUP 214-853-5912 - Fax
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 March 8th, 2023, 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/ Emily Taylor______
Emily Taylor
PLAINTIFFS’ NOTICE OF DEPOSITION - Page 2 of 2
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: 73454897
Status as of 3/8/2023 10:53 AM CST
Associated Case Party: TONY EVANS
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Nuru Witherspoon litigation@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Leslie Montano montano@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/8/2023 10:52:23 AM SENT
Associated Case Party: TASACOM REAL ESTATE, LLC
Name BarNumber Email TimestampSubmitted Status
Tasha LBarnes tbarnes@thompsoncoe.com 3/8/2023 10:52:23 AM SENT
LISA V lvillasenor@thompsoncoe.com 3/8/2023 10:52:23 AM SENT
Associated Case Party: HAWTHORN SUITES FRANCHISING, INC.
Name BarNumber Email TimestampSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 3/8/2023 10:52:23 AM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 3/8/2023 10:52:23 AM SENT
Ronald DHinds rdhinds@verizon.net 3/8/2023 10:52:23 AM SENT
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Name BarNumber Email TimestampSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 3/8/2023 10:52:23 AM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 3/8/2023 10:52:23 AM SENT
Ronald DHinds rdhinds@verizon.net 3/8/2023 10:52:23 AM SENT
Case Contacts
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: 73454897
Status as of 3/8/2023 10:53 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
RoseMarie Chambers rose.chambers@dlapiper.com 3/8/2023 10:52:23 AM SENT
NURU WITHERSPOON witherspoon@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Sally Jones sally.jones@dlapiper.com 3/8/2023 10:52:23 AM SENT
sherry M.faulkner sherry.faulkner@us.dlapiper.com 3/8/2023 10:52:23 AM SENT
Associated Case Party: T. E.
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/8/2023 10:52:23 AM SENT
Nuru Witherspoon litigation@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Associated Case Party: ARETHA EVANS
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/8/2023 10:52:23 AM SENT
Nuru Witherspoon litigation@twlglawyers.com 3/8/2023 10:52:23 AM SENT
Associated Case Party: MOHAMMADSADIQNOSHAHI
Name BarNumber Email TimestampSubmitted Status
Ronald DHinds rdhinds@verizon.net 3/8/2023 10:52:23 AM SENT
Eva DeLeon edeleon@thompsoncoe.com 3/8/2023 10:52:23 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.
Sherry Faulkner on behalf of Jason Hopkins
Bar No. 24059969
sherry.faulkner@dlapiper.com
Envelope ID: 73552396
Filing Code Description: Motion - Quash
Filing Description: WYNDHAM AMENDED DEPO NOTICES
Status as of 3/13/2023 7:57 AM CST
Associated Case Party: TONY EVANS
Name BarNumber Email TimestampSubmitted Status
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/10/2023 12:46:32 PM SENT
Emily Taylor taylor@twlglawyers.com 3/10/2023 12:46:32 PM SENT
Nuru Witherspoon litigation@twlglawyers.com 3/10/2023 12:46:32 PM SENT
Leslie Montano montano@twlglawyers.com 3/10/2023 12:46:32 PM SENT
Associated Case Party: T. E.
Name BarNumber Email TimestampSubmitted Status
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/10/2023 12:46:32 PM SENT
Emily Taylor taylor@twlglawyers.com 3/10/2023 12:46:32 PM SENT
Nuru Witherspoon litigation@twlglawyers.com 3/10/2023 12:46:32 PM SENT
Associated Case Party: ARETHA EVANS
Name BarNumber Email TimestampSubmitted Status
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/10/2023 12:46:32 PM SENT
Emily Taylor taylor@twlglawyers.com 3/10/2023 12:46:32 PM SENT
Nuru Witherspoon litigation@twlglawyers.com 3/10/2023 12:46:32 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Luz Aguilar luz.aguilar@dallascityhall.com 3/10/2023 12:46:32 PM SENT
RoseMarie Chambers rose.chambers@dlapiper.com 3/10/2023 12:46:32 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.
Sherry Faulkner on behalf of Jason Hopkins
Bar No. 24059969
sherry.faulkner@dlapiper.com
Envelope ID: 73552396
Filing Code Description: Motion - Quash
Filing Description: WYNDHAM AMENDED DEPO NOTICES
Status as of 3/13/2023 7:57 AM CST
Case Contacts
NURU WITHERSPOON witherspoon@twlglawyers.com 3/10/2023 12:46:32 PM SENT
Sally Jones sally.jones@dlapiper.com 3/10/2023 12:46:32 PM SENT
Ronald DHinds rdhinds@verizon.net 3/10/2023 12:46:32 PM SENT
sherry M.faulkner sherry.faulkner@us.dlapiper.com 3/10/2023 12:46:32 PM SENT
Josimayra Diaz josi.diaz@dallascityhall.com 3/10/2023 12:46:32 PM ERROR
Associated Case Party: TASACOM REAL ESTATE, LLC
Name BarNumber Email TimestampSubmitted Status
Tasha LBarnes tbarnes@thompsoncoe.com 3/10/2023 12:46:32 PM SENT
LISA V lvillasenor@thompsoncoe.com 3/10/2023 12:46:32 PM SENT
Associated Case Party: HAWTHORN SUITES FRANCHISING, INC.
Name BarNumber Email TimestampSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 3/10/2023 12:46:32 PM SENT
Ronald DHinds rdhinds@verizon.net 3/10/2023 12:46:32 PM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 3/10/2023 12:46:32 PM SENT
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Name BarNumber Email TimestampSubmitted Status
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 3/10/2023 12:46:32 PM SENT
Ronald DHinds rdhinds@verizon.net 3/10/2023 12:46:32 PM SENT
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 3/10/2023 12:46:32 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.
Sherry Faulkner on behalf of Jason Hopkins
Bar No. 24059969
sherry.faulkner@dlapiper.com
Envelope ID: 73552396
Filing Code Description: Motion - Quash
Filing Description: WYNDHAM AMENDED DEPO NOTICES
Status as of 3/13/2023 7:57 AM CST
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Taylor Reed Taylor.reed@us.dlapiper.com 3/10/2023 12:46:32 PM SENT
Associated Case Party: MOHAMMADSADIQNOSHAHI
Name BarNumber Email TimestampSubmitted Status
Eva DeLeon edeleon@thompsoncoe.com 3/10/2023 12:46:32 PM SENT
Ronald DHinds rdhinds@verizon.net 3/10/2023 12:46:32 PM SENT
Preview
FILED 3/10/2023 12:46 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY CAUSE NO. DC-21-04901 TONY EVANS, SR., and ARETHA EVANS, § IN THE DISTRICT COURT OF 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 § § DALLAS COUNTY, TEXAS Plaintiffs, § § vs. § § TASACOM REAL ESTATE, LLC ET AL § § Defendants. § 162nd JUDICIAL DISTRICT WYNDHAM DEFENDANTS’ AMENDED MOTION TO QUASH DEPOSITION NOTICES Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc. (collectively, the “Wyndham Defendants”) file this Amended Motion to Quash (the “Motion”) and respectfully state as follows: I. INTRODUCTION The Wyndham Defendants are forced to file this Motion because Plaintiffs unilaterally noticed the depositions of the Wyndham Defendants and Rachel Dabrowa on March 8, 2023. See Exhibits A and B, true and correct copies of the deposition notices served by Plaintiffs. Plaintiffs failed to confer with the Wyndham Defendants, who are unavailable on the proposed dates of March 16 and 17, 2023. Further, the Wyndham Defendants notified Plaintiffs explicitly that they would not present anyone for deposition absent court order. Finally, Plaintiffs noticed the depositions for dates on which counsel for Tasacom Real Estate, LLC (“Tasacom”) is unavailable as evidenced by the vacation letter filed on February 10, 2023. For these reasons, the Wyndham 1 WYNDHAM DEFENDANTS’ AMENDED MOTION TO QUASH DEPOSITION NOTICES EAST\201258789.2 Defendants respectfully request that the Court quash the deposition notices served by Plaintiffs on March 8, 2023. II. ARGUMENT & AUTHORITIES A party or witness may object “to the time and place designated for an oral deposition by motion for protective order or by motion to quash the notice of deposition.” Tex. R. Civ. P. 199.4. If a party or witness filed such a motion “by the third business day after service of the notice of deposition, an objection to the time and place of a deposition stays the oral deposition until the motion can be determined.” Tex. R. Civ. P. 1994. The Wyndham Defendants file this Motion within three business days of service of Plaintiffs’ deposition notices, thereby automatically quashing the depositions. The Wyndham Defendants and their counsel are unavailable for the dates Plaintiffs unilaterally noticed. Furthermore, the Wyndham Defendants explained that they would not engage in further discovery absent an order from the Court compelling that result. Finally, Defendant Tasacom is also unavailable for the deposition. Counsel filed a vacation letter on February 10, 2023, providing that she would be unavailable beginning March 13, 2023 through March 17, 2023. III. PRAYER The Wyndham Defendants respectfully request that the Court enter an order quashing the Wyndham Defendants and Rachel Dabrowa Deposition Notices and granting any further relief to which the Wyndham Defendants may be justly entitled. [signature page follows] 2 WYNDHAM DEFENDANTS’ AMENDED MOTION TO QUASH DEPOSITION NOTICES EAST\201258789.2 Dated: March 10, 2023. Respectfully submitted, DLA PIPER LLP (US) /s/ Jason M. Hopkins Jason M. Hopkins Texas Bar No. 24059969 Taylor Reed Texas Bar No. 24101958 1900 N. Pearl Street, Suite 2200 Dallas, Texas 75201 TEL. 214-743-4500/FAX: 214-743-4545 Email: Jason.Hopkins@us.dlapiper.com Email: Taylor.Reed@us.dlapiper.com ATTORNEYS DEFENDANTS WYNDHAM HOTELS & RESORTS, INC., WYNDHAM HOTEL GROUP, LLC, AND HAWTHORN SUITES FRANCHISING, INC. CERTIFICATE OF SERVICE I hereby certify that, on March 10, 2023, a true and correct copy of the foregoing document was served on counsel of record in accordance with the Texas Rules of Civil Procedure via the court’s electronic filing system. /s/ Jason Hopkins Jason Hopkins 3 WYNDHAM DEFENDANTS’ AMENDED MOTION TO QUASH DEPOSITION NOTICES EAST\201258789.2 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, FAITH TANKSLEY on behalf of § minor T.E., III, individually and on behalf of § his father, T.E., deceased, and DEON WILLIAMS, § § Plaintiffs, § § v. § § TASACOM REAL ESTATE, LLC d/b/a § 162nd 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’ NOTICE OF DEPOSITION OF WYNDHAM DEFENDANTS TO: Defendants Hawthorn Suites Franchising, Inc., Wyndham Hotels & Resorts, Inc. and Wyndham Hotel Group, LLC., by and through their attorney of record, DLA PIPER LLP (US). PLEASE TAKE NOTICE that 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”), by and through their attorneys of record, will take the oral deposition of Defendants Hawthorn Suites Franchising, Inc., Wyndham Hotels & Resorts, Inc. and Wyndham Hotel Group, LLC (the “Wyndham Defendants”) pursuant to Rule 199.2 (b)(2) of the Texas Rules of Civil Procedure. The deposition will also be videotaped. Said deposition is to be taken on March 16, 2023, commencing at 9:30 a.m. and continuing day to day thereafter until completed. EXHIBIT A The deposition will be conducted via the Zoom webcast platform with log-in credentials to be provided by the court reporter prior to the deposition. The witness must remain in attendance via Zoom from day to day until their respective deposition is completed. Pursuant to Texas Rule of Civil Procedure 199.2(b)(1) and (2), the Wyndham Defendants shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, for each individual designated, the matters on which the individual will testify on each of the topics set forth on Exhibit “B” attached hereto. The person(s) designated shall testify as to matters known or reasonably available to the Wyndham Defendants. The deposition will be taken before a certified court reporter, may be videotaped, and the videotape and stenographic copy of the deposition may be used in evidence upon the trial or at any hearing of the above-referenced cause. Plaintiffs’ counsel requests that Defendant’s counsel provide notification of the name and title of each designated corporate representative(s) at least two (2) business days before the scheduled deposition. Respectfully Submitted, /s/ Nuru Witherspoon NURU WITHERSPOON /s/ Aubrey “Nick” Pittman State Bar No. 24039244 AUBREY “NICK” PITTMAN witherspoon@twlglawyers.com State Bar No. 16049750 EMILY TAYLOR THE PITTMAN LAW FIRM, P.C. State Bar No. 24046951 100 Crescent Court, Suite 700 taylor@twlglawyers.com Dallas, Texas 75201-2112 214-459-3454 – Telephone WITHERSPOON LAW GROUP 214-853-5912 - Fax pittman@thepittmanlawfirm.com 5565 Deer Creek, Unit A Dallas, Texas 75228 214-773-1133 – Telephone 972-696-9982 – Fax PLAINTIFFS’ NOTICE OF DEPOSITION - Page 2 of 8 CERTIFICATE OF SERVICE I hereby certify that on March 8th, 2023, 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/ Emily Taylor______ Emily Taylor PLAINTIFFS’ NOTICE OF DEPOSITION - Page 3 of 8 EXHIBIT “A” DEFINITIONS AND INSTRUCTIONS This Notice incorporates, without limiting the scope of the Texas Rules of Civil Procedure, the following definitions: 1. “You,” “Your,” and “Wyndham” shall mean and refer to Defendants Hawthorn Suites Franchising, Inc., Wyndham Hotels & Resorts, Inc. and Wyndham Hotel Group, LLC and each of their respective present and former officers, directors, employees, agents, drivers, attorneys, partners, corporate parent, if any, predecessors, subsidiaries, affiliated companies, and all other persons acting or purporting to act on behalf of Wyndham. 2. The “Property” and “Hawthorn Suites Dallas Love Field,” shall refer to that property located at 7900 Brookriver Drive, Dallas, TX 75247. 3. “Tasacom” shall mean and refer to Defendants Tasacom Real Estate, Tasacom Technologies, Inc. and all of their present and former officers, directors, employees, agents, drivers, attorneys, partners, corporate parent, if any, predecessors, subsidiaries, affiliated companies, and all other persons acting or purporting to act as an owner of the business known as the Property. 4. “Previous Franchisee” shall mean and refer to the owner of the Hawthorn Suites Dallas Love Field immediately before Tasacom’s purchase of it and each of their respective present and former officers, directors, employees, agents, drivers, attorneys, partners, corporate parent, if any, predecessors, subsidiaries, affiliated companies, and all other persons acting or purporting to act as an owner of the business known as known as the Property. 5. “Incident in question” shall refer to the shooting incident at Hawthorn Suites Dallas Love Field on April 11, 2021, where Tony Evans was killed and Deon Williams was injured. 6. “Document” means any writing and any other tangible thing in Your custody, possession, or control, whether printed, recorded, reproduced by any process, or written or contained in PLAINTIFFS’ NOTICE OF DEPOSITION - Page 4 of 8 a computer (mainframe or otherwise) or on a computer disc, tape, software or electronic media of any kind or data compilation or produced by hand. Set forth below is a list of examples of writings and tangible things which are included within this definition. The list is not an exclusive list of the writings and tangible things included within this definition, but rather are intended to aid you in producing the documents that are requested. Examples of writings and tangible things included within the definition of “document” are as follows: Letters; e-mails; faxes; reports; agreements; intracompany and intercompany communications; correspondence; text messages, telegrams; memoranda; summaries or records of conversations; diaries; calendars; photographs; tape recordings; models; charts; plans; drawings; agendas; minutes or records of conferences or meetings; expressions or statements of policy; lists of persons attending meetings or conferences; summaries; investigations; opinions or reports of consultants; appraisals; records; brochures; pamphlets; advertisements; circulars; trade letters; reports, summaries or analyses prepared by or for any governmental entity or agency; press releases; drafts of any documents; revisions of drafts of any documents; canceled checks; bank statements; invoices; receipts; and notes. 7. “Communication” and “communications” means any contact or act by which any information or knowledge is transmitted or conveyed between two or more persons and shall include, without limitation, written contact by such means as letters, memoranda, e-mails, “instant messages,” telegrams, telex, or by any document, and oral contact by such means as face-to-face meetings and telephone conversations. 8. The words “or,” “and,” “all,” “every,” “any,” “each,” “one or more,” including,” and similar words of guidance are intended merely as such and should not be construed as words of limitation. The words “or” and “and” shall include each other whenever possible to expand, not restrict, the scope of the request. The word “including” shall not limit any general category or description that precedes it. The words “all,” “every,” “any,” “each,” and “one or more” shall include each other, when appropriate, to expand, not restrict, the scope of the Request. PLAINTIFFS’ NOTICE OF DEPOSITION - Page 5 of 8 9. The words “refer to,” “relate to,” “reflect” and “concern” a given subject means concerning, referring to, alluding to, responding to, connected with, commenting on, in respect of, about, regarding, discussing, showing, describing, mentioning, reflecting, analyzing, constituting, evidencing, identifying or in any way pertinent to that certain subject. 10. The word “person” means any natural person or any business, legal or governmental entity or association, including, but not limited to, private and public partnerships, associations, corporations, joint ventures, sole proprietorships, firms, and governments. 11. The use of the singular form of any word includes the plural and vice versa. 12. This Notice seeks disclosure to the full extent of the Texas Rules of Civil Procedure and applicable laws and shall be interpreted as inclusive rather than exclusive. PLAINTIFFS’ NOTICE OF DEPOSITION - Page 6 of 8 EXHIBIT “B” 1. Organization, general structure, and interrelationship of the Wyndham Defendants; 2. Contracts You have and had with Tasacom; 3. Contracts You have had with the Previous Franchisee; 4. Circumstances behind the sale or transfer of the Premises from the Previous Franchisee to Tasacom; 5. Training You supplied and/or made available to Tasacom regarding premises safety and security; 6. Training You supplied and/or made available to Tasacom regarding the Quality Assurance Process, as that term is used in Your Standards of Operation and Design Manual; 7. Training You supplied and/or made available to Tasacom regarding the Property Improvement Plan as that term is used in Your Standards of Operation and Design Manual; 8. The implementation and administration of the Property Improvement Plan, as that term is used in Your Standards of Operation and Design Manual; 9. The implementation and administration of the Quality Assurance Process, as that term is used in Your Standards of Operation and Design Manual; 10. Inspections and site visits You made of the Property during 2017-2021 as well as the parameters and purposes thereof, and all personnel involved; 11. Quality Assurance Evaluations reports issued by You during 2016-2021 related to the Property; 12. General details regarding the method and procedure for tracking customer complaints (e.g. criminal activity) during 2017-2021 regarding the Property, actions taken with regard thereto, and personnel involved therewith; 13. The process and procedures You used to review and approve insurance coverage for the Property, and the date You became aware of the nature and scope of insurance in effect on the Property in 2021; 14. The process and procedures You used to review and approve the financial well-being of all owners of the Property during 2017-2021; 15. The process and procedures You use to determine whether a franchise can or should be involuntarily terminated; 16. When You became aware that the Property had been, or could be, designated by the City of Dallas as a Habitual Criminal Property and the attendant circumstances surrounding such knowledge; PLAINTIFFS’ NOTICE OF DEPOSITION - Page 7 of 8 17. The process and procedures by which you became aware of allegations of criminal activity at or in the immediate vicinity of the Property and actions taken as a result thereof during 2016-2021; 18. Typical formats of documents the Property owners used to transmit information to You regarding criminal activity at or in the immediate vicinity of the Property during 2016- 2021; 19. When You became aware of the Incident in Question and the attendant circumstances surrounding such knowledge; 20. Investigations of the incident in question performed by You, including: a. Dates of the investigation(s); b. Identities of those conducting the investigations; c. CCTV tapes of the Incident in Question; d. Written and oral statements of witnesses; e. Notes of interviews with witnesses; f. Tape recordings of any and all oral statements and/or interviews of witnesses; g. Transcriptions of any tape recordings of any and all oral statements and/or interviews of witnesses; h. Reports regarding the results of any and all investigations; i. Correspondence received from or sent to Plaintiffs, if any; j. Correspondence received from or sent to any other Defendant; k. Correspondence received from or sent to any person other than privileged communication to counsel; l. Documents relating to or evidencing discussions between Defendants regarding the Incident in Question; m. Documents received from or sent to any person (other than attorney/client communication) regarding the Incident in Question; 21. Advertising and/or marketing of the Property during 2018-2021; and 22. Advertising and/or marketing of Your franchisees in the DFW area during 2018-2021. PLAINTIFFS’ NOTICE OF DEPOSITION - Page 8 of 8 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: 73454897 Status as of 3/8/2023 10:53 AM CST Associated Case Party: TASACOM REAL ESTATE, LLC Name BarNumber Email TimestampSubmitted Status Tasha LBarnes tbarnes@thompsoncoe.com 3/8/2023 10:52:23 AM SENT LISA V lvillasenor@thompsoncoe.com 3/8/2023 10:52:23 AM SENT Associated Case Party: HAWTHORN SUITES FRANCHISING, INC. Name BarNumber Email TimestampSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com 3/8/2023 10:52:23 AM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 3/8/2023 10:52:23 AM SENT Ronald DHinds rdhinds@verizon.net 3/8/2023 10:52:23 AM SENT Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Name BarNumber Email TimestampSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com 3/8/2023 10:52:23 AM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 3/8/2023 10:52:23 AM SENT Ronald DHinds rdhinds@verizon.net 3/8/2023 10:52:23 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status RoseMarie Chambers rose.chambers@dlapiper.com 3/8/2023 10:52:23 AM SENT NURU WITHERSPOON witherspoon@twlglawyers.com 3/8/2023 10:52:23 AM SENT Sally Jones sally.jones@dlapiper.com 3/8/2023 10:52:23 AM SENT sherry M.faulkner sherry.faulkner@us.dlapiper.com 3/8/2023 10:52:23 AM SENT Associated Case Party: MOHAMMADSADIQNOSHAHI 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: 73454897 Status as of 3/8/2023 10:53 AM CST Associated Case Party: MOHAMMADSADIQNOSHAHI Name BarNumber Email TimestampSubmitted Status Ronald DHinds rdhinds@verizon.net 3/8/2023 10:52:23 AM SENT Eva DeLeon edeleon@thompsoncoe.com 3/8/2023 10:52:23 AM SENT Associated Case Party: TONY EVANS Name BarNumber Email TimestampSubmitted Status Nuru Witherspoon litigation@twlglawyers.com 3/8/2023 10:52:23 AM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/8/2023 10:52:23 AM SENT Leslie Montano montano@twlglawyers.com 3/8/2023 10:52:23 AM SENT Emily Taylor taylor@twlglawyers.com 3/8/2023 10:52:23 AM SENT Associated Case Party: T. E. Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twlglawyers.com 3/8/2023 10:52:23 AM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/8/2023 10:52:23 AM SENT Nuru Witherspoon litigation@twlglawyers.com 3/8/2023 10:52:23 AM SENT Associated Case Party: ARETHA EVANS Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twlglawyers.com 3/8/2023 10:52:23 AM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/8/2023 10:52:23 AM SENT Nuru Witherspoon litigation@twlglawyers.com 3/8/2023 10:52:23 AM SENT 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, FAITH TANKSLEY on behalf of § minor T.E., III, individually and on behalf of § his father, T.E., deceased, and DEON WILLIAMS, § § Plaintiffs, § § v. § § TASACOM REAL ESTATE, LLC d/b/a § 162nd 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’ NOTICE OF DEPOSITION OF RACHEL DABROWA PLEASE TAKE NOTICE that 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”), by and through their attorneys of record, will take the oral and video deposition of Rachel Dabrowa before an officer authorized to administer oaths and/or report and video oral deposition testimony. The deposition will take place on March 17, 2023, beginning at 9:30 a.m. THIS DEPOSITION WILL BE TAKEN BY REMOTE CONFERENCING USING ZOOM OR SIMILAR VIDEO COMMUNICATIONS All parties are invited to attend and propound such questions to the witness under the Texas Rules of Civil Procedure. EXHIBIT B Respectfully Submitted, /s/ Nuru Witherspoon NURU WITHERSPOON /s/ Aubrey “Nick” Pittman State Bar No. 24039244 AUBREY “NICK” PITTMAN witherspoon@twlglawyers.com State Bar No. 16049750 EMILY TAYLOR THE PITTMAN LAW FIRM, P.C. State Bar No. 24046951 100 Crescent Court, Suite 700 taylor@twlglawyers.com Dallas, Texas 75201-2112 214-459-3454 – Telephone WITHERSPOON LAW GROUP 214-853-5912 - Fax 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 March 8th, 2023, 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/ Emily Taylor______ Emily Taylor PLAINTIFFS’ NOTICE OF DEPOSITION - Page 2 of 2 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: 73454897 Status as of 3/8/2023 10:53 AM CST Associated Case Party: TONY EVANS Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twlglawyers.com 3/8/2023 10:52:23 AM SENT Nuru Witherspoon litigation@twlglawyers.com 3/8/2023 10:52:23 AM SENT Leslie Montano montano@twlglawyers.com 3/8/2023 10:52:23 AM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/8/2023 10:52:23 AM SENT Associated Case Party: TASACOM REAL ESTATE, LLC Name BarNumber Email TimestampSubmitted Status Tasha LBarnes tbarnes@thompsoncoe.com 3/8/2023 10:52:23 AM SENT LISA V lvillasenor@thompsoncoe.com 3/8/2023 10:52:23 AM SENT Associated Case Party: HAWTHORN SUITES FRANCHISING, INC. Name BarNumber Email TimestampSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com 3/8/2023 10:52:23 AM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 3/8/2023 10:52:23 AM SENT Ronald DHinds rdhinds@verizon.net 3/8/2023 10:52:23 AM SENT Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Name BarNumber Email TimestampSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com 3/8/2023 10:52:23 AM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 3/8/2023 10:52:23 AM SENT Ronald DHinds rdhinds@verizon.net 3/8/2023 10:52:23 AM SENT Case Contacts 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: 73454897 Status as of 3/8/2023 10:53 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status RoseMarie Chambers rose.chambers@dlapiper.com 3/8/2023 10:52:23 AM SENT NURU WITHERSPOON witherspoon@twlglawyers.com 3/8/2023 10:52:23 AM SENT Sally Jones sally.jones@dlapiper.com 3/8/2023 10:52:23 AM SENT sherry M.faulkner sherry.faulkner@us.dlapiper.com 3/8/2023 10:52:23 AM SENT Associated Case Party: T. E. Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twlglawyers.com 3/8/2023 10:52:23 AM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/8/2023 10:52:23 AM SENT Nuru Witherspoon litigation@twlglawyers.com 3/8/2023 10:52:23 AM SENT Associated Case Party: ARETHA EVANS Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twlglawyers.com 3/8/2023 10:52:23 AM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/8/2023 10:52:23 AM SENT Nuru Witherspoon litigation@twlglawyers.com 3/8/2023 10:52:23 AM SENT Associated Case Party: MOHAMMADSADIQNOSHAHI Name BarNumber Email TimestampSubmitted Status Ronald DHinds rdhinds@verizon.net 3/8/2023 10:52:23 AM SENT Eva DeLeon edeleon@thompsoncoe.com 3/8/2023 10:52:23 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. Sherry Faulkner on behalf of Jason Hopkins Bar No. 24059969 sherry.faulkner@dlapiper.com Envelope ID: 73552396 Filing Code Description: Motion - Quash Filing Description: WYNDHAM AMENDED DEPO NOTICES Status as of 3/13/2023 7:57 AM CST Associated Case Party: TONY EVANS Name BarNumber Email TimestampSubmitted Status Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/10/2023 12:46:32 PM SENT Emily Taylor taylor@twlglawyers.com 3/10/2023 12:46:32 PM SENT Nuru Witherspoon litigation@twlglawyers.com 3/10/2023 12:46:32 PM SENT Leslie Montano montano@twlglawyers.com 3/10/2023 12:46:32 PM SENT Associated Case Party: T. E. Name BarNumber Email TimestampSubmitted Status Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/10/2023 12:46:32 PM SENT Emily Taylor taylor@twlglawyers.com 3/10/2023 12:46:32 PM SENT Nuru Witherspoon litigation@twlglawyers.com 3/10/2023 12:46:32 PM SENT Associated Case Party: ARETHA EVANS Name BarNumber Email TimestampSubmitted Status Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 3/10/2023 12:46:32 PM SENT Emily Taylor taylor@twlglawyers.com 3/10/2023 12:46:32 PM SENT Nuru Witherspoon litigation@twlglawyers.com 3/10/2023 12:46:32 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Luz Aguilar luz.aguilar@dallascityhall.com 3/10/2023 12:46:32 PM SENT RoseMarie Chambers rose.chambers@dlapiper.com 3/10/2023 12:46:32 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. Sherry Faulkner on behalf of Jason Hopkins Bar No. 24059969 sherry.faulkner@dlapiper.com Envelope ID: 73552396 Filing Code Description: Motion - Quash Filing Description: WYNDHAM AMENDED DEPO NOTICES Status as of 3/13/2023 7:57 AM CST Case Contacts NURU WITHERSPOON witherspoon@twlglawyers.com 3/10/2023 12:46:32 PM SENT Sally Jones sally.jones@dlapiper.com 3/10/2023 12:46:32 PM SENT Ronald DHinds rdhinds@verizon.net 3/10/2023 12:46:32 PM SENT sherry M.faulkner sherry.faulkner@us.dlapiper.com 3/10/2023 12:46:32 PM SENT Josimayra Diaz josi.diaz@dallascityhall.com 3/10/2023 12:46:32 PM ERROR Associated Case Party: TASACOM REAL ESTATE, LLC Name BarNumber Email TimestampSubmitted Status Tasha LBarnes tbarnes@thompsoncoe.com 3/10/2023 12:46:32 PM SENT LISA V lvillasenor@thompsoncoe.com 3/10/2023 12:46:32 PM SENT Associated Case Party: HAWTHORN SUITES FRANCHISING, INC. Name BarNumber Email TimestampSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com 3/10/2023 12:46:32 PM SENT Ronald DHinds rdhinds@verizon.net 3/10/2023 12:46:32 PM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 3/10/2023 12:46:32 PM SENT Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Name BarNumber Email TimestampSubmitted Status Jason Hopkins 24059969 jason.hopkins@dlapiper.com 3/10/2023 12:46:32 PM SENT Ronald DHinds rdhinds@verizon.net 3/10/2023 12:46:32 PM SENT Christopher BDonovan Christopher.B.Donovan@dlapiper.com 3/10/2023 12:46:32 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. Sherry Faulkner on behalf of Jason Hopkins Bar No. 24059969 sherry.faulkner@dlapiper.com Envelope ID: 73552396 Filing Code Description: Motion - Quash Filing Description: WYNDHAM AMENDED DEPO NOTICES Status as of 3/13/2023 7:57 AM CST Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Taylor Reed Taylor.reed@us.dlapiper.com 3/10/2023 12:46:32 PM SENT Associated Case Party: MOHAMMADSADIQNOSHAHI Name BarNumber Email TimestampSubmitted Status Eva DeLeon edeleon@thompsoncoe.com 3/10/2023 12:46:32 PM SENT Ronald DHinds rdhinds@verizon.net 3/10/2023 12:46:32 PM SENT