On August 24, 2021 a
Party Discovery
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
FILED
6/21/2023 11:47 AM
FELICIA PITRE
DISTRICT CLERK
MARK SHER CORP REP. CO., TEXAS
May 25’ Keys DEPUTY
MILTON 635 GRAVOIS RD. vs TRT HOLDINGS gr%gnAS
CAUSE NO. DC—2l—ll406
MILTON 635 GRAVOIS ROAD ) IN THE DISTRICT COURT
LLC, 635 GRAVOIS ROAD )
LEASING LLC, AND 635 )
GRAVOIS ROAD REAL ESTATE )
LLC, )
)
Plaintiffs, )
) DALLAS COUNTY, TEXAS
VS )
)
TRT HOLDINGS, INC.; RBR )
REAL ESTATE HOLDINGS, LLC; )
BRIAN ZELMAN AND ADAM )
ZEITSIFF, )
Defendants. ) 44TH JUDICIAL DISTRICT
lO
ll
12 REPORTER'S CERTIFICATION
13 DEPOSITION OF PLAINTIFFS' CORPORATE REPRESENTATIVE
l4 MARK SHER
l5 MAY 25, 2023
l6
l7 I, KELLIE L. ROWBOTHAM, a Certified Shorthand
l8 Reporter in and for the State of Texas, certify to
l9 the following:
20
21 That the witness, PLAINTIFFS' CORPORATE
22 REPRESENTATIVE MARK SHER, was duly sworn by the
23 officer and that the transcript of the oral
24 deposition is a true record of the testimony given by
25 the witness;
Q ESQUIRE 800.21 1 .DEPO (3376)
EsquireSqutions. com
MARK SHER CORP REP. May 25, 2023
MILTON 635 GRAVOIS RD. vs TRT HOLDINGS 202
That the deposition transcript was submitted on
W31 , 2023, to the witness or to the
attorney for Plaintiffs for examination, signature,
and return to Esquire Deposition Services by
607 , 2023.
That the amount of time used by each party at
the deposition is as follows:
Mr. Robert N. LeMay —
0 minutes
Mr. Elliot Strader —
5 hours; 57 minutes
lO
ll That pursuant to information given to the
12 deposition officer at the time said testimony was
13 taken, the following includes all parties of record:
l4 Mr. Robert LeMay, Attorney for the Plaintiffs;
Mr. Elliot Strader, Attorney for the Defendants.
l5
l6
l7 I further certify that I am neither counsel for,
l8 related to, nor employed by any of the parties or
l9 attorneys in the action in which this proceeding was
20 taken, and further that I am not financially or
21 otherwise interested in the outcome of the action.
22
23 Further certification requirements pursuant to
24 Rule 203 of TRCP will be certified to after they have
25 occurred.
Q ESQUIRE 800.21 1 .DEPO (3376)
EsquireSqutions. com
MARK SHER CORP REP. May 25, 2023
MILTON 635 GRAVOIS RD. vs TRT HOLDINGS 203
m OVQMéW/m
Certified to by me this Blst day of May, 2023.
KELLIE L. ROWBOTHAM, Texas CSR 4351
Expiration Date: 12/31/23
ESQUIRE DEPOSITION SERVICES
Firm Registration No. 286
1700 Pacific Avenue
Suite 1000
Dallas, Texas 75201
214.257.1436
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l4
15
l6
l7
l8
l9
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Q ESQUIRE 800.21 1 .DEPO (3376)
EsquireSqutions. com
MARK SHER CORP REP. May 25, 2023
MILTON 635 GRAVOIS RD. vs TRT HOLDINGS 204
FURTHER CERTIFICATION PURSUANT TO RULE 203 TRCP
The original deposition was returned
to the deposition officer on 600Q023 ;
If returned, the attached Changes and Signature
page contains any changes and the reasons therefor;
If returned, the original deposition was
delivered to Mr. Elliot Strader, Custodial Attorney;
That $ 218395 is the deposition officer's
charges to the Defendants preparing the original
for
lO deposition transcript and any copies of exhibits;
ll That deposition
the was delivered in accordance
12 with Rule 203.3, and that a copy of this certificate
13 was served on all parties shown herein on and filed
l4 with the Clerk.
l5 Certified to by me this 21$ day of
l6 June , 2023.
l7
l8
l9
KELLIE L.
ROWBOTHAM, Texas CSR 4351
20 Expiration Date: 12/31/23
21 ESQUIRE DEPOSITION SERVICES
Firm Registration No. 286
22 1700 Pacific Avenue
Suite 1000
23 Dallas, Texas 75201
214.257.1436
24
25
Q ESQUIRE 800.21 1 .DEPO (3376)
EsquireSqutions. com
MARK SHER CORP REP.
May 25. 2023
MILTON 635 GRAVOIS RD. vs TRT HOLDINGS 200
I, PLAINTIFFS' CORPORATE REPRESENTATIVE
MARK SHER, have read the foregoing deposition and
hereby affix my signature th is true and
correct, except as noted VG.
PLAINTIFFS' CORPORATE \
REPRESENTATIVE MARK SHER
STATE 05- L 4.5 )
COUNTY OF 1 211.515 )
Before me. ns‘f’dnte Mme , on this
10 day personally appeared Mark SIR-gr , known
11 to me (or proved to me on the oath of
12 or through ) (description of identity
13 card other document) to be the person whose
or name
14 is subscribed to the foregoing instrument and
15 acknowledged to me that he executed the same for
16 purposes and consideration therein expressed.
1'7
18 Given under my hand and seal of office this
19 249*“ day of Qi mug: , A.D., 2023.
2O
21
CONSTANCE NIMS
22 ;,
Notary PubIic. State oi Texas
Notary JD 12444764-2
23 My Commission Exp. 07-17-2024
24 NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
25
Q ESQUIRE 300.211.1390 (3376)
EsquireSolutionsmm
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.
Envelope ID: 76819919
Filing Code Description: Certificate of Deposition
Filing Description: OF MARK SHER
Status as of 6/22/2023 11:05 AM CST
Associated Case Party: MILTON 635 GRAVOIS ROAD LLC
Name BarNumber Email TimestampSubmitted Status
Robert LeMay rlemay@krcl.com 6/21/2023 11:47:33 AM SENT
Jaime DeWees jdewees@krcl.com 6/21/2023 11:47:33 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Teresa Rowe trowe@krcl.com 6/21/2023 11:47:33 AM SENT
Connie Nims cnims@krcl.com 6/21/2023 11:47:33 AM SENT
Bree Kimball BKimball@krcl.com 6/21/2023 11:47:33 AM SENT
Associated Case Party: TRT HOLDINGS, INC.
Name BarNumber Email TimestampSubmitted Status
Elliot Strader elliot.strader@akerman.com 6/21/2023 11:47:33 AM SENT
Xakema Henderson xakema.henderson@akerman.com 6/21/2023 11:47:33 AM SENT
Preview
FILED 6/21/2023 11:47 AM FELICIA PITRE DISTRICT CLERK MARK SHER CORP REP. CO., TEXAS May 25’ Keys DEPUTY MILTON 635 GRAVOIS RD. vs TRT HOLDINGS gr%gnAS CAUSE NO. DC—2l—ll406 MILTON 635 GRAVOIS ROAD ) IN THE DISTRICT COURT LLC, 635 GRAVOIS ROAD ) LEASING LLC, AND 635 ) GRAVOIS ROAD REAL ESTATE ) LLC, ) ) Plaintiffs, ) ) DALLAS COUNTY, TEXAS VS ) ) TRT HOLDINGS, INC.; RBR ) REAL ESTATE HOLDINGS, LLC; ) BRIAN ZELMAN AND ADAM ) ZEITSIFF, ) Defendants. ) 44TH JUDICIAL DISTRICT lO ll 12 REPORTER'S CERTIFICATION 13 DEPOSITION OF PLAINTIFFS' CORPORATE REPRESENTATIVE l4 MARK SHER l5 MAY 25, 2023 l6 l7 I, KELLIE L. ROWBOTHAM, a Certified Shorthand l8 Reporter in and for the State of Texas, certify to l9 the following: 20 21 That the witness, PLAINTIFFS' CORPORATE 22 REPRESENTATIVE MARK SHER, was duly sworn by the 23 officer and that the transcript of the oral 24 deposition is a true record of the testimony given by 25 the witness; Q ESQUIRE 800.21 1 .DEPO (3376) EsquireSqutions. com MARK SHER CORP REP. May 25, 2023 MILTON 635 GRAVOIS RD. vs TRT HOLDINGS 202 That the deposition transcript was submitted on W31 , 2023, to the witness or to the attorney for Plaintiffs for examination, signature, and return to Esquire Deposition Services by 607 , 2023. That the amount of time used by each party at the deposition is as follows: Mr. Robert N. LeMay — 0 minutes Mr. Elliot Strader — 5 hours; 57 minutes lO ll That pursuant to information given to the 12 deposition officer at the time said testimony was 13 taken, the following includes all parties of record: l4 Mr. Robert LeMay, Attorney for the Plaintiffs; Mr. Elliot Strader, Attorney for the Defendants. l5 l6 l7 I further certify that I am neither counsel for, l8 related to, nor employed by any of the parties or l9 attorneys in the action in which this proceeding was 20 taken, and further that I am not financially or 21 otherwise interested in the outcome of the action. 22 23 Further certification requirements pursuant to 24 Rule 203 of TRCP will be certified to after they have 25 occurred. Q ESQUIRE 800.21 1 .DEPO (3376) EsquireSqutions. com MARK SHER CORP REP. May 25, 2023 MILTON 635 GRAVOIS RD. vs TRT HOLDINGS 203 m OVQMéW/m Certified to by me this Blst day of May, 2023. KELLIE L. ROWBOTHAM, Texas CSR 4351 Expiration Date: 12/31/23 ESQUIRE DEPOSITION SERVICES Firm Registration No. 286 1700 Pacific Avenue Suite 1000 Dallas, Texas 75201 214.257.1436 lO ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 Q ESQUIRE 800.21 1 .DEPO (3376) EsquireSqutions. com MARK SHER CORP REP. May 25, 2023 MILTON 635 GRAVOIS RD. vs TRT HOLDINGS 204 FURTHER CERTIFICATION PURSUANT TO RULE 203 TRCP The original deposition was returned to the deposition officer on 600Q023 ; If returned, the attached Changes and Signature page contains any changes and the reasons therefor; If returned, the original deposition was delivered to Mr. Elliot Strader, Custodial Attorney; That $ 218395 is the deposition officer's charges to the Defendants preparing the original for lO deposition transcript and any copies of exhibits; ll That deposition the was delivered in accordance 12 with Rule 203.3, and that a copy of this certificate 13 was served on all parties shown herein on and filed l4 with the Clerk. l5 Certified to by me this 21$ day of l6 June , 2023. l7 l8 l9 KELLIE L. ROWBOTHAM, Texas CSR 4351 20 Expiration Date: 12/31/23 21 ESQUIRE DEPOSITION SERVICES Firm Registration No. 286 22 1700 Pacific Avenue Suite 1000 23 Dallas, Texas 75201 214.257.1436 24 25 Q ESQUIRE 800.21 1 .DEPO (3376) EsquireSqutions. com MARK SHER CORP REP. May 25. 2023 MILTON 635 GRAVOIS RD. vs TRT HOLDINGS 200 I, PLAINTIFFS' CORPORATE REPRESENTATIVE MARK SHER, have read the foregoing deposition and hereby affix my signature th is true and correct, except as noted VG. PLAINTIFFS' CORPORATE \ REPRESENTATIVE MARK SHER STATE 05- L 4.5 ) COUNTY OF 1 211.515 ) Before me. ns‘f’dnte Mme , on this 10 day personally appeared Mark SIR-gr , known 11 to me (or proved to me on the oath of 12 or through ) (description of identity 13 card other document) to be the person whose or name 14 is subscribed to the foregoing instrument and 15 acknowledged to me that he executed the same for 16 purposes and consideration therein expressed. 1'7 18 Given under my hand and seal of office this 19 249*“ day of Qi mug: , A.D., 2023. 2O 21 CONSTANCE NIMS 22 ;, Notary PubIic. State oi Texas Notary JD 12444764-2 23 My Commission Exp. 07-17-2024 24 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 25 Q ESQUIRE 300.211.1390 (3376) EsquireSolutionsmm 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. Envelope ID: 76819919 Filing Code Description: Certificate of Deposition Filing Description: OF MARK SHER Status as of 6/22/2023 11:05 AM CST Associated Case Party: MILTON 635 GRAVOIS ROAD LLC Name BarNumber Email TimestampSubmitted Status Robert LeMay rlemay@krcl.com 6/21/2023 11:47:33 AM SENT Jaime DeWees jdewees@krcl.com 6/21/2023 11:47:33 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Teresa Rowe trowe@krcl.com 6/21/2023 11:47:33 AM SENT Connie Nims cnims@krcl.com 6/21/2023 11:47:33 AM SENT Bree Kimball BKimball@krcl.com 6/21/2023 11:47:33 AM SENT Associated Case Party: TRT HOLDINGS, INC. Name BarNumber Email TimestampSubmitted Status Elliot Strader elliot.strader@akerman.com 6/21/2023 11:47:33 AM SENT Xakema Henderson xakema.henderson@akerman.com 6/21/2023 11:47:33 AM SENT