On August 24, 2021 a
Motion-Secondary
was filed
involving a dispute between
635 Gravois Road Leasing Llc,
635 Gravois Road Real Estate Llc,
Milton 635 Gravois Road Llc,
and
Rbr Real Estate Holdings, Llc,
Trt Holdings, Inc.,
Zeitsiff, Adam,
Zelman, Brian,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
CAUSE NO. DC-21-11406
MILTON 635 GRAVOIS ROAD LLC, THE DISTRICT COURT
§§§§§§
1N
635 GRAVOIS ROAD LEASING LLC, and
635 GRAVOIS ROAD REAL ESTATE
LLC,
Plaintiffs,
§§§§§§§§
VS. 44th JUDICIAL DISTRICT
TRT HOLDINGS, INC.,
RBR REAL ESTATE HOLDINGS, LLC,
BRIAN ZELMAN, and ADAM ZEITSIFF,
Defendants. DALLAS COUNTY, TEXAS
UNIFORM SCHEDULING ORDER LEVEL 3t g
In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure, the
Court makes the following order to control the schedule of this cause.
1. This case will be ready and is set for jury/nonjury trial on February 13, 2023 at
9:00 am. (the "Initial Trial Setting"). Reset or continuance of the Initial Trial Setting will not alter
any deadlines established in this Order or established by the Texas Rules of Civil Procedure unless
otherwise provided by order. If not reached as set, the case may be carried to the next week.
2. Pretrial matters will be complete by the following dates:
a. amended pleadings asserting
new claims or defenses 120 Days before the Initial Trail Setting
b. fact discovery closes 105 days before the Initial Trial Setting
c. party seeking affirmative relief to
designate experts & provide reports 105 days before the Initial Trail Setting
d. party opposing affirmative relief to
designate experts & provide reports 90 days before the Initial Trial Setting
e. designation of rebuttal experts
and provide reports 75 days before the Initial Trial Setting
f. all expert discovery closes 45 days before the Initial Trial Setting
g. other amended pleadings 45 days before the Initial Trial Setting
The parties may by written agreement alter these deadlines. Amended pleadings responsive to
timely filed pleadings under this schedule may be filed after the deadline for amended pleadings
8835272 (7220800006000)
if filed Within two (2) weeks after the pleading to which they respond. Except by agreement of the
party, leave of court, or where expressly authorized by the Texas Rules of Civil Procedure, no
party may obtain discovery of information subject to disclosure under Rule 194 by any other form
of discovery.
3. Any objection or motion to exclude or limit expert testimony due to qualification
of the expert or reliability of the opinions must be filed no later than seven (7) days after the close
of expert discovery, or such objection is waived. Any motion to compel responses to discovery
(other than relating to factual matters arising after the end of fact discovery) must be filed no later
than seven (7) days after the close of fact discovery or such complaint is waived, except for the
sanction of exclusion under Rule 193.6
4. Each side may have 75 hours of depositions, and each party may have 50
interrogatories, subject to the conditions of Rule 190.3(b)(2) and (3).
5. No additional parties may be joined more than eight (8) months after the
commencement of this case except on motion for leave showing good cause. This paragraph does
not otherwise alter the requirements of Rule 38. The party joining an additional party shall serve a
copy of this Order on the new party concurrently with the pleading joining that party.
6. The parties shall mediate this case no later than thirty (30) days before the Initial
Trial Setting, unless otherwise provided by court order. Mediation will be conducted in accordance
with the Standing Dallas County Civil District Court Order Regarding Mediation, which is
available from the Dallas County ADR Coordinator. All parties shall contact the mediator to
arrange the mediation.
E The mediator has been selected by agreement of the parties: Hon. Carl Ginsberg is
hereby appointed mediator. Any mediator substitution requested more than ninety (90) days after
the date of this order may only be made by motion for submission to the Court for good cause and
under extraordinary circumstances.
D The parties have conferred and are unable to agree on a mediator. Accordingly:
is hereby appointed mediator. Any mediator substitution
requested more than ninety (90) days after the date of this order may only be made by motion for
submission to the Court for good cause and under extraordinary circumstances.
7. Fourteen (14) days before the Initial Trial Setting, the parties shall exchange
designations of deposition testimony to be offered in direct examination and a list of exhibits,
including any demonstrative aids and affidavits, and shall exchange copies of any exhibits not
previously produced in discovery; over-designation is strongly discouraged and may be
sanctioned. Except for records to be offered by way of business record affidavits, each exhibit
must be identified separately and not by category or group designation. Ten (10) days before the
Initial Trial Setting, the parties shall exchange in writing their objections to the opposing party's
proposed exhibits, including objections under Rule 193.7, and deposition testimony. On or before
ten (10) days before the Initial Trial Setting, the attorneys in charge for all parties shall meet in
person to confer on stipulations regarding the materials to be submitted to the Court under this
paragraph and attempt to maximize agreement on such matters. By 4 p.m. on the Thursday before
8835272 (7220800006000)
the Initial Trial Setting, the parties shall file with the Court the materials stated in Rule 166(d)-
(m), an estimate of the length of trial, designation of deposition testimony to be offered in direct
examination, and any motions in limine. Failure to file such material may result in dismissal for
want of prosecution or other appropriate sanction.
Plaintiff/Plaintiff s counsel shall serve a copy of this order on any currently named defendant(s)
answering after this date.
SO ORDERED, this ,2021.
District Judge
Submitted: October 28, 2021
Respectfully Submitted,
KANE RUSSELL COLEMAN LOGAN P.C. AKERMAN LLP
By: /s/ Robert N. LeMav By: /s/ Elliot Strader
Robert N. LeMay Elliot Strader
State Bar N0. 12188751 State Bar No. 24063966
rlema krcl.com Elliot.strader@akerman.com
Jaime M. DeWees Xakema Henderson
State Bar No. 24097593 State Bar No. 24107805
1'dewees@krcl.com xakema.henderson@akerman.com
Stephen A. Cord
State Bar No. 24105741 2001 Ross Avenue, Suite 3600
scord@krcl.cm Dallas, Texas 75201
Telephone: (214) 720-4380
901 Main Street Facsimile: (214) 981-9339
Suite 5200
Dallas, Texas 75202 ATTORNEYS FOR DEFENDANTS
Telephone: (214) 777-4254
Facsimile: (214)777-4299
ATTORNEYS FOR PLAINTIFFS
8835272 (7220800006000)
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.
Teresa Rowe on behalf of Robert LeMay
Bar No. 12188750
trowe@krcl.com
Envelope ID: 58647268
Status as of 11/1/2021 10:10 AM CST
Associated Case Party: MILTON 635 GRAVOIS ROAD LLC
Name BarNumber Email TimestampSubmitted Status
Robert LeMay rlemay@krcl.com 10/28/2021 4:57:55 PM SENT
Jaime DeWees jdewees@krcl.com 10/28/2021 4:57:55 PM SENT
Stephen Cord scord@krcl.com 10/28/2021 4:57:55 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Teresa Rowe trowe@krcl.com 10/28/2021 4:57:55 PM SENT
Connie Nims cnims@krcl.com 10/28/2021 4:57:55 PM SENT
Associated Case Party: TRT HOLDINGS, INC.
Name BarNumber Email TimestampSubmitted Status
Elliot Strader elliot.strader@akerman.com 10/28/2021 4:57:55 PM SENT
Xakema Henderson xakema.henderson@akerman.com 10/28/2021 4:57:55 PM SENT
Document Filed Date
October 28, 2021
Case Filing Date
August 24, 2021
Category
CNTR CNSMR COM DEBT
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
CAUSE NO. DC-21-11406 MILTON 635 GRAVOIS ROAD LLC, THE DISTRICT COURT §§§§§§ 1N 635 GRAVOIS ROAD LEASING LLC, and 635 GRAVOIS ROAD REAL ESTATE LLC, Plaintiffs, §§§§§§§§ VS. 44th JUDICIAL DISTRICT TRT HOLDINGS, INC., RBR REAL ESTATE HOLDINGS, LLC, BRIAN ZELMAN, and ADAM ZEITSIFF, Defendants. DALLAS COUNTY, TEXAS UNIFORM SCHEDULING ORDER LEVEL 3t g In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure, the Court makes the following order to control the schedule of this cause. 1. This case will be ready and is set for jury/nonjury trial on February 13, 2023 at 9:00 am. (the "Initial Trial Setting"). Reset or continuance of the Initial Trial Setting will not alter any deadlines established in this Order or established by the Texas Rules of Civil Procedure unless otherwise provided by order. If not reached as set, the case may be carried to the next week. 2. Pretrial matters will be complete by the following dates: a. amended pleadings asserting new claims or defenses 120 Days before the Initial Trail Setting b. fact discovery closes 105 days before the Initial Trial Setting c. party seeking affirmative relief to designate experts & provide reports 105 days before the Initial Trail Setting d. party opposing affirmative relief to designate experts & provide reports 90 days before the Initial Trial Setting e. designation of rebuttal experts and provide reports 75 days before the Initial Trial Setting f. all expert discovery closes 45 days before the Initial Trial Setting g. other amended pleadings 45 days before the Initial Trial Setting The parties may by written agreement alter these deadlines. Amended pleadings responsive to timely filed pleadings under this schedule may be filed after the deadline for amended pleadings 8835272 (7220800006000) if filed Within two (2) weeks after the pleading to which they respond. Except by agreement of the party, leave of court, or where expressly authorized by the Texas Rules of Civil Procedure, no party may obtain discovery of information subject to disclosure under Rule 194 by any other form of discovery. 3. Any objection or motion to exclude or limit expert testimony due to qualification of the expert or reliability of the opinions must be filed no later than seven (7) days after the close of expert discovery, or such objection is waived. Any motion to compel responses to discovery (other than relating to factual matters arising after the end of fact discovery) must be filed no later than seven (7) days after the close of fact discovery or such complaint is waived, except for the sanction of exclusion under Rule 193.6 4. Each side may have 75 hours of depositions, and each party may have 50 interrogatories, subject to the conditions of Rule 190.3(b)(2) and (3). 5. No additional parties may be joined more than eight (8) months after the commencement of this case except on motion for leave showing good cause. This paragraph does not otherwise alter the requirements of Rule 38. The party joining an additional party shall serve a copy of this Order on the new party concurrently with the pleading joining that party. 6. The parties shall mediate this case no later than thirty (30) days before the Initial Trial Setting, unless otherwise provided by court order. Mediation will be conducted in accordance with the Standing Dallas County Civil District Court Order Regarding Mediation, which is available from the Dallas County ADR Coordinator. All parties shall contact the mediator to arrange the mediation. E The mediator has been selected by agreement of the parties: Hon. Carl Ginsberg is hereby appointed mediator. Any mediator substitution requested more than ninety (90) days after the date of this order may only be made by motion for submission to the Court for good cause and under extraordinary circumstances. D The parties have conferred and are unable to agree on a mediator. Accordingly: is hereby appointed mediator. Any mediator substitution requested more than ninety (90) days after the date of this order may only be made by motion for submission to the Court for good cause and under extraordinary circumstances. 7. Fourteen (14) days before the Initial Trial Setting, the parties shall exchange designations of deposition testimony to be offered in direct examination and a list of exhibits, including any demonstrative aids and affidavits, and shall exchange copies of any exhibits not previously produced in discovery; over-designation is strongly discouraged and may be sanctioned. Except for records to be offered by way of business record affidavits, each exhibit must be identified separately and not by category or group designation. Ten (10) days before the Initial Trial Setting, the parties shall exchange in writing their objections to the opposing party's proposed exhibits, including objections under Rule 193.7, and deposition testimony. On or before ten (10) days before the Initial Trial Setting, the attorneys in charge for all parties shall meet in person to confer on stipulations regarding the materials to be submitted to the Court under this paragraph and attempt to maximize agreement on such matters. By 4 p.m. on the Thursday before 8835272 (7220800006000) the Initial Trial Setting, the parties shall file with the Court the materials stated in Rule 166(d)- (m), an estimate of the length of trial, designation of deposition testimony to be offered in direct examination, and any motions in limine. Failure to file such material may result in dismissal for want of prosecution or other appropriate sanction. Plaintiff/Plaintiff s counsel shall serve a copy of this order on any currently named defendant(s) answering after this date. SO ORDERED, this ,2021. District Judge Submitted: October 28, 2021 Respectfully Submitted, KANE RUSSELL COLEMAN LOGAN P.C. AKERMAN LLP By: /s/ Robert N. LeMav By: /s/ Elliot Strader Robert N. LeMay Elliot Strader State Bar N0. 12188751 State Bar No. 24063966 rlema krcl.com Elliot.strader@akerman.com Jaime M. DeWees Xakema Henderson State Bar No. 24097593 State Bar No. 24107805 1'dewees@krcl.com xakema.henderson@akerman.com Stephen A. Cord State Bar No. 24105741 2001 Ross Avenue, Suite 3600 scord@krcl.cm Dallas, Texas 75201 Telephone: (214) 720-4380 901 Main Street Facsimile: (214) 981-9339 Suite 5200 Dallas, Texas 75202 ATTORNEYS FOR DEFENDANTS Telephone: (214) 777-4254 Facsimile: (214)777-4299 ATTORNEYS FOR PLAINTIFFS 8835272 (7220800006000) 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. Teresa Rowe on behalf of Robert LeMay Bar No. 12188750 trowe@krcl.com Envelope ID: 58647268 Status as of 11/1/2021 10:10 AM CST Associated Case Party: MILTON 635 GRAVOIS ROAD LLC Name BarNumber Email TimestampSubmitted Status Robert LeMay rlemay@krcl.com 10/28/2021 4:57:55 PM SENT Jaime DeWees jdewees@krcl.com 10/28/2021 4:57:55 PM SENT Stephen Cord scord@krcl.com 10/28/2021 4:57:55 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Teresa Rowe trowe@krcl.com 10/28/2021 4:57:55 PM SENT Connie Nims cnims@krcl.com 10/28/2021 4:57:55 PM SENT Associated Case Party: TRT HOLDINGS, INC. Name BarNumber Email TimestampSubmitted Status Elliot Strader elliot.strader@akerman.com 10/28/2021 4:57:55 PM SENT Xakema Henderson xakema.henderson@akerman.com 10/28/2021 4:57:55 PM SENT