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FILED
7/3/2023 9:44 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Terri Kilgore DEPUTY
CAUSE NO. DC-21-11406
MILTON 635 GRAVOIS ROAD LLC, IN THE DISTRICT COURT
§§§§§§§§§§§§§§
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
AGREED JOINT MOTION FOR ENTRY OF AMENDED SCHEDULING ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiffs Milton 635 Gravois Road LLC, 635 Gravois Road Leasing LLC, and 635
Gravois Road Real Estate LLC (together, “Plaintiffs”), and Defendants TRT Holdings, Inc., RBR
Real Estate Holdings, LLC, Brian Zelman, and Adam Zeitsiff (together, “Defendants” and with
Plaintiffs, the “Parties”), file this Joint Motion for Entry of Amended Scheduling Order. In support,
the parties respectfully Show as follows:
PROCEDURAL STATUS OF CASE
This case is set for trial on November 6, 2023. On March 24, 2023, the Court entered an
Agreed Order setting out pretrial scheduling, which calls for the completion of fact discovery on
July 10, 2023.
The Parties have been and currently are actively conducting written discovery, have
produced documents to each other, and have taken eight depositions. Certain written discovery
responses are in dispute at this time. Likewise, Plaintiffs have also served third-party discovery.
Due to witness scheduling issues, the Parties have been delayed in scheduling certain fact witness
AGREED JOINT MOTION FOR ENTRY 0F AMENDED SCHEDULING ORDER — PAGE l
1 0 1 93 004 V1
depositions that have to be conducted in August 2023. As a consequence, an amended scheduling
order is requested. The Parties are not requesting a new trial date.
GROUNDS FOR AMENDED SCHEDULING
Based on the foregoing, the Parties seek an amendment of the Court’s March 24, 2023
scheduling order based on their good faith efforts to conclude discovery, which remains ongoing
in light of the proportional needs of this case, and to schedule fact Witness depositions. Thus, the
Parties contend good cause exists to amend the scheduling order because:
o Additional time is required to complete all supplementation of responsive document
production between the parties and non-parties, including addressing remaining objections;
o Additional time is required to depose party witnesses and third parties; and
o Additional time is required to disclose experts, exchange expert reports, and conduct expert
depositions.
The Parties respectfiilly request the Court enter an Amended Scheduling Order in this case
for the pretrial deadlines that have not yet lapsed in the form of that filed contemporaneously with
this Motion. The Parties jointly request these extensions in scheduling not for the purpose of delay
but solely so that justice may be done.
CONCLUSION AND PRAYER
WHEREFORE, the Parties pray that upon consideration thereof, the Court grants their Joint
Motion, enter the amended scheduling in this case for the pretrial deadlines that have not yet lapsed,
and that the Court grant such other and further relief to which the parties may be justly entitled.
AGREED JOINT MOTION FOR ENTRY 0F AMENDED SCHEDULING ORDER — PAGE 2
1 0 1 93 004 V1
Respectfully submitted,
By: /s/ Robert N. LeMav
Robert N. LeMay
State Bar N0. 12188750
Jaime M. DeWees
State Bar No. 240975 93
Collin Delano
State Bar No. 24109801
KANE RUSSELL COLEMAN LOGAN PC
901 Main Street, Suite 5200
Dallas, Texas 75202
Telephone (214) 777-4254
Facsimile (214) 777-4299
rlema krcl.com
jdewees@lg;cl.com
bkeaton@krcl.com
ATTORNEYSFOR PLAINTIFFS
and
By: /s/ Elliot Strader
Elliot Strader
Texas Bar No. 24063966
Xakema Henderson
Texas Bar No. 24107805
AKERMAN LLP
2001 Ross Avenue, Suite 3600
Dallas, Texas 75201
Tel: 214-720-43 80
Fax: 214-981-9339
elliot.strader@akennan.com
xakema.henderson@akerman.com
A TTORNEYS FOR DEFENDANTS
AGREED JOINT MOTION FOR ENTRY OF AMENDED SCHEDULING ORDER — PAGE 3
10 1 93 004 V1
CERTIFICATE 0F SERVICE
I hereby certify that a true and correct copy of the foregoing was served on all counsel of
record in accordance with the Texas Rules of Civil Procedure on July 3, 2023.
/s/ Robert N. LeMav
Robert N. LeMay
AGREED JOINT MOTION FOR ENTRY OF AMENDED SCHEDULING ORDER — PAGE 4
10 1 93 004 V1
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.
Connie Nims on behalf of Robert LeMay
Bar No. 12188750
cnims@krcl.com
Envelope ID: 77169409
Filing Code Description: Motion - Enter Order
Filing Description: AMENDED SCHEDULING
Status as of 7/3/2023 10:56 AM CST
Associated Case Party: MILTON 635 GRAVOIS ROAD LLC
Name BarNumber Email TimestampSubmitted Status
Robert LeMay rlemay@krcl.com 7/3/2023 9:44:02 AM SENT
Jaime DeWees jdewees@krcl.com 7/3/2023 9:44:02 AM SENT
Collin Delano cdelano@krcl.com 7/3/2023 9:44:02 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Teresa Rowe trowe@krcl.com 7/3/2023 9:44:02 AM SENT
Connie Nims cnims@krcl.com 7/3/2023 9:44:02 AM SENT
Bree Kimball BKimball@krcl.com 7/3/2023 9:44:02 AM SENT
Associated Case Party: TRT HOLDINGS, INC.
Name BarNumber Email TimestampSubmitted Status
Elliot Strader elliot.strader@akerman.com 7/3/2023 9:44:02 AM SENT
Xakema Henderson xakema.henderson@akerman.com 7/3/2023 9:44:02 AM SENT
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FILED 7/3/2023 9:44 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Terri Kilgore DEPUTY CAUSE NO. DC-21-11406 MILTON 635 GRAVOIS ROAD LLC, IN THE DISTRICT COURT §§§§§§§§§§§§§§ 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 AGREED JOINT MOTION FOR ENTRY OF AMENDED SCHEDULING ORDER TO THE HONORABLE JUDGE OF SAID COURT: Plaintiffs Milton 635 Gravois Road LLC, 635 Gravois Road Leasing LLC, and 635 Gravois Road Real Estate LLC (together, “Plaintiffs”), and Defendants TRT Holdings, Inc., RBR Real Estate Holdings, LLC, Brian Zelman, and Adam Zeitsiff (together, “Defendants” and with Plaintiffs, the “Parties”), file this Joint Motion for Entry of Amended Scheduling Order. In support, the parties respectfully Show as follows: PROCEDURAL STATUS OF CASE This case is set for trial on November 6, 2023. On March 24, 2023, the Court entered an Agreed Order setting out pretrial scheduling, which calls for the completion of fact discovery on July 10, 2023. The Parties have been and currently are actively conducting written discovery, have produced documents to each other, and have taken eight depositions. Certain written discovery responses are in dispute at this time. Likewise, Plaintiffs have also served third-party discovery. Due to witness scheduling issues, the Parties have been delayed in scheduling certain fact witness AGREED JOINT MOTION FOR ENTRY 0F AMENDED SCHEDULING ORDER — PAGE l 1 0 1 93 004 V1 depositions that have to be conducted in August 2023. As a consequence, an amended scheduling order is requested. The Parties are not requesting a new trial date. GROUNDS FOR AMENDED SCHEDULING Based on the foregoing, the Parties seek an amendment of the Court’s March 24, 2023 scheduling order based on their good faith efforts to conclude discovery, which remains ongoing in light of the proportional needs of this case, and to schedule fact Witness depositions. Thus, the Parties contend good cause exists to amend the scheduling order because: o Additional time is required to complete all supplementation of responsive document production between the parties and non-parties, including addressing remaining objections; o Additional time is required to depose party witnesses and third parties; and o Additional time is required to disclose experts, exchange expert reports, and conduct expert depositions. The Parties respectfiilly request the Court enter an Amended Scheduling Order in this case for the pretrial deadlines that have not yet lapsed in the form of that filed contemporaneously with this Motion. The Parties jointly request these extensions in scheduling not for the purpose of delay but solely so that justice may be done. CONCLUSION AND PRAYER WHEREFORE, the Parties pray that upon consideration thereof, the Court grants their Joint Motion, enter the amended scheduling in this case for the pretrial deadlines that have not yet lapsed, and that the Court grant such other and further relief to which the parties may be justly entitled. AGREED JOINT MOTION FOR ENTRY 0F AMENDED SCHEDULING ORDER — PAGE 2 1 0 1 93 004 V1 Respectfully submitted, By: /s/ Robert N. LeMav Robert N. LeMay State Bar N0. 12188750 Jaime M. DeWees State Bar No. 240975 93 Collin Delano State Bar No. 24109801 KANE RUSSELL COLEMAN LOGAN PC 901 Main Street, Suite 5200 Dallas, Texas 75202 Telephone (214) 777-4254 Facsimile (214) 777-4299 rlema krcl.com jdewees@lg;cl.com bkeaton@krcl.com ATTORNEYSFOR PLAINTIFFS and By: /s/ Elliot Strader Elliot Strader Texas Bar No. 24063966 Xakema Henderson Texas Bar No. 24107805 AKERMAN LLP 2001 Ross Avenue, Suite 3600 Dallas, Texas 75201 Tel: 214-720-43 80 Fax: 214-981-9339 elliot.strader@akennan.com xakema.henderson@akerman.com A TTORNEYS FOR DEFENDANTS AGREED JOINT MOTION FOR ENTRY OF AMENDED SCHEDULING ORDER — PAGE 3 10 1 93 004 V1 CERTIFICATE 0F SERVICE I hereby certify that a true and correct copy of the foregoing was served on all counsel of record in accordance with the Texas Rules of Civil Procedure on July 3, 2023. /s/ Robert N. LeMav Robert N. LeMay AGREED JOINT MOTION FOR ENTRY OF AMENDED SCHEDULING ORDER — PAGE 4 10 1 93 004 V1 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. Connie Nims on behalf of Robert LeMay Bar No. 12188750 cnims@krcl.com Envelope ID: 77169409 Filing Code Description: Motion - Enter Order Filing Description: AMENDED SCHEDULING Status as of 7/3/2023 10:56 AM CST Associated Case Party: MILTON 635 GRAVOIS ROAD LLC Name BarNumber Email TimestampSubmitted Status Robert LeMay rlemay@krcl.com 7/3/2023 9:44:02 AM SENT Jaime DeWees jdewees@krcl.com 7/3/2023 9:44:02 AM SENT Collin Delano cdelano@krcl.com 7/3/2023 9:44:02 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Teresa Rowe trowe@krcl.com 7/3/2023 9:44:02 AM SENT Connie Nims cnims@krcl.com 7/3/2023 9:44:02 AM SENT Bree Kimball BKimball@krcl.com 7/3/2023 9:44:02 AM SENT Associated Case Party: TRT HOLDINGS, INC. Name BarNumber Email TimestampSubmitted Status Elliot Strader elliot.strader@akerman.com 7/3/2023 9:44:02 AM SENT Xakema Henderson xakema.henderson@akerman.com 7/3/2023 9:44:02 AM SENT