Preview
FILED
2/8/2023 3:26 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE N0. 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,
V. 44TH JUDICIAL DISTRICT
TRT HOLDINGS, INC.,
RBR REAL ESTATE HOLDINGS, LLC,
BRIAN ZELMAN, and ADAM ZEITSIFF,
DALLAS COUNTY, TEXAS
Defendants.
AGREED JOINT MOTION FOR CORRECTION OF TRIAL CONTINUAN CE
SETTING AND 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 to correct the continued trial date, July 31, 2023,
which was entered after the Court had already ruled on the parties’ Joint Motion to Continue Trial
Setting and Entry of Amended Scheduling Order at the motion’s hearing on December 2, 2022,
setting trial for October 2, 2023. In support, the parties respectfully show as follows:
PROCEDURAL STATUS OF CASE
This case was initially set for trial on February 13, 2023. On October 24, 2022, the parties
filed their Joint Motion to Continue Trial Setting and Entry of Amended Scheduling Order (“Joint
Motion”), requesting that the Court continue the February 2023 trial. After filing the Joint Motion
but before the motion’s hearing, the Parties agreed to set trial on October 2, 2023, which they
advised the Court about during the hearing. The Court via the Honorable Judge Wysocki then
orally granted the Joint Motion and signed an order setting trial for October 2, 2023 as requested.
However, on December 8, 2023, the Court, Via the Honorable Judge O’Neill, entered a separate
copy of the Parties’ proposed agreed order, setting trial for July 31, 2023. While the parties have
been diligently conducting discovery, they agree a trial date sooner than October 2, 2023 would
not permit them to conduct the remaining discovery adequately such that they can be prepared for
trial.
As set forth in the Joint Motion, the Parties are actively conducting written discovery, and
have produced documents to each other. Likewise, Plaintiffs have served third party discovery,
and Defendants are in the process of preparing third party discovery. The Parties also scheduled
fact Witness depositions that were to be conducted in November and December 2022 but are in
the process of rescheduling these due to a third party’s failure to respond timely to a subpoena for
documents.
GROUNDS FOR CONTINUAN CE
Based on the foregoing, the Parties seek a continuance of the Court’s July 31, 2023 trial
date based on their good faith efforts to conduct written discovery, which remains ongoing in light
of the proportional needs of this case, and to schedule fact witness depositions. Additionally, as
also set forth in the Parties’ Joint Motion, the Parties will participate in mediation with the
Honorable Carl Ginsberg after or near the end of discovery so as to maximize the potential for
reaching a pre-trial resolution. Thus, the Parties contend good cause exists to continue the July
31, 2023 trial date because:
o Additional time is required to complete all supplementation of responsive document
production between the parties and non-parties, including addressing remaining objections;
JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AMENDED
SCHEDULING ORDER Page 2
o Additional time is required to depose party Witnesses and, potentially, third parties;
o Additional time is required to disclose experts, exchange expert reports, and conduct expert
depositions;
o Additional time is required to complete mediation; and
o The undersigned defense counsel are set for a two-week trial that commences on August
7, 2023, a week after the current July 2023 trial setting, in California.
The Parties respectfully request the Court grant a continuance of the currently scheduled
July 31, 2023 trial date to a date on or after November 6, 20231, and enter an Amended Scheduling
Order in this case for the pretrial deadlines that have not yet lapsed. The Parties jointly request
this continuance 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 grant their Joint
Motion for Continuance, remove this case from the Court’s trial docket of July 31, 2023, enter an
order setting a new trial date that is on or after November 6, 2023, 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.
The parties are requesting November 6 instead of the original October 2 setting due to a scheduling conflict
1
on Defendants’ part that has since arisen.
JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AMENDED
SCHEDULING ORDER Page 3
Respectfully submitted,
/s/ Elliot Strader
Elliot Strader
Texas Bar N0. 24063 966
Xakema Henderson
Texas Bar No. 24107805
AKERMAN LLP
2001 Ross Avenue, Suite 3600
Dallas, Texas 75201
Tel: 214-720-4380
Fax: 214-981-9339
elliot.strader@akerman.com
xakema.henderson@akennan.com
ATTORNEYS FOR DEFENDANTS
and
By: /s/ Robert N. LeMaV
Robert N. LeMay
State Bar No. 12188750
rlema krcl.com
Jaime M. DeWees
State Bar No. 24097593
jdewees@krcl.com
Brandon Keaton
State Bar No. 24128456
901 Main Street, Suite 5200
Dallas, Texas 75202
Telephone (214) 777-4254
Facsimile (214) 777-4299
ATTORNEYS FOR PLAINTIFFS
JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AMENDED
SCHEDULING ORDER Page 4
RULE 3.01 CERTIFICATION
The parties previously submitted signed writings indicating their consent to their counsels’
request for a continuance of the trial setting from February 2023 to October 2023. If an additional
certification is required for this motion, the parties will provide such certifications.
/s/ Elliot Strader
CERTIFICATE OF 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 February 8, 2023.
/s/ Elliot Strader
JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AMENDED
SCHEDULING ORDER Page 5
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.
Elliot Strader
Bar No. 24063966
elliot.strader@akerman.com
Envelope ID: 72575644
Status as of 2/9/2023 8:35 AM CST
Associated Case Party: MILTON 635 GRAVOIS ROAD LLC
Name BarNumber Email TimestampSubmitted Status
Robert LeMay r|emay@krcl.com 2/8/2023 3:26:27 PM SENT
Jaime DeWees jdewees@krc|.com 2/8/2023 3:26:27 PM SENT
Associated Case Party: TRT HOLDINGS, INC.
Name BarNumber Email TimestampSubmitted Status
Elliot Strader elliot.strader@akerman.com 2/8/2023 3:26:27 PM SENT
Xakema Henderson xakema.henderson@akerman.com 2/8/2023 3:26:27 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Teresa Rowe trowe@krcl.com 2/8/2023 3:26:27 PM SENT
Connie Nims cnims@krcl.com 2/8/2023 3:26:27 PM SENT
Bree Kimball BKimball@krcl.com 2/8/2023 3:26:27 PM SENT
Preview
FILED 2/8/2023 3:26 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE N0. 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, V. 44TH JUDICIAL DISTRICT TRT HOLDINGS, INC., RBR REAL ESTATE HOLDINGS, LLC, BRIAN ZELMAN, and ADAM ZEITSIFF, DALLAS COUNTY, TEXAS Defendants. AGREED JOINT MOTION FOR CORRECTION OF TRIAL CONTINUAN CE SETTING AND 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 to correct the continued trial date, July 31, 2023, which was entered after the Court had already ruled on the parties’ Joint Motion to Continue Trial Setting and Entry of Amended Scheduling Order at the motion’s hearing on December 2, 2022, setting trial for October 2, 2023. In support, the parties respectfully show as follows: PROCEDURAL STATUS OF CASE This case was initially set for trial on February 13, 2023. On October 24, 2022, the parties filed their Joint Motion to Continue Trial Setting and Entry of Amended Scheduling Order (“Joint Motion”), requesting that the Court continue the February 2023 trial. After filing the Joint Motion but before the motion’s hearing, the Parties agreed to set trial on October 2, 2023, which they advised the Court about during the hearing. The Court via the Honorable Judge Wysocki then orally granted the Joint Motion and signed an order setting trial for October 2, 2023 as requested. However, on December 8, 2023, the Court, Via the Honorable Judge O’Neill, entered a separate copy of the Parties’ proposed agreed order, setting trial for July 31, 2023. While the parties have been diligently conducting discovery, they agree a trial date sooner than October 2, 2023 would not permit them to conduct the remaining discovery adequately such that they can be prepared for trial. As set forth in the Joint Motion, the Parties are actively conducting written discovery, and have produced documents to each other. Likewise, Plaintiffs have served third party discovery, and Defendants are in the process of preparing third party discovery. The Parties also scheduled fact Witness depositions that were to be conducted in November and December 2022 but are in the process of rescheduling these due to a third party’s failure to respond timely to a subpoena for documents. GROUNDS FOR CONTINUAN CE Based on the foregoing, the Parties seek a continuance of the Court’s July 31, 2023 trial date based on their good faith efforts to conduct written discovery, which remains ongoing in light of the proportional needs of this case, and to schedule fact witness depositions. Additionally, as also set forth in the Parties’ Joint Motion, the Parties will participate in mediation with the Honorable Carl Ginsberg after or near the end of discovery so as to maximize the potential for reaching a pre-trial resolution. Thus, the Parties contend good cause exists to continue the July 31, 2023 trial date because: o Additional time is required to complete all supplementation of responsive document production between the parties and non-parties, including addressing remaining objections; JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AMENDED SCHEDULING ORDER Page 2 o Additional time is required to depose party Witnesses and, potentially, third parties; o Additional time is required to disclose experts, exchange expert reports, and conduct expert depositions; o Additional time is required to complete mediation; and o The undersigned defense counsel are set for a two-week trial that commences on August 7, 2023, a week after the current July 2023 trial setting, in California. The Parties respectfully request the Court grant a continuance of the currently scheduled July 31, 2023 trial date to a date on or after November 6, 20231, and enter an Amended Scheduling Order in this case for the pretrial deadlines that have not yet lapsed. The Parties jointly request this continuance 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 grant their Joint Motion for Continuance, remove this case from the Court’s trial docket of July 31, 2023, enter an order setting a new trial date that is on or after November 6, 2023, 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. The parties are requesting November 6 instead of the original October 2 setting due to a scheduling conflict 1 on Defendants’ part that has since arisen. JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AMENDED SCHEDULING ORDER Page 3 Respectfully submitted, /s/ Elliot Strader Elliot Strader Texas Bar N0. 24063 966 Xakema Henderson Texas Bar No. 24107805 AKERMAN LLP 2001 Ross Avenue, Suite 3600 Dallas, Texas 75201 Tel: 214-720-4380 Fax: 214-981-9339 elliot.strader@akerman.com xakema.henderson@akennan.com ATTORNEYS FOR DEFENDANTS and By: /s/ Robert N. LeMaV Robert N. LeMay State Bar No. 12188750 rlema krcl.com Jaime M. DeWees State Bar No. 24097593 jdewees@krcl.com Brandon Keaton State Bar No. 24128456 901 Main Street, Suite 5200 Dallas, Texas 75202 Telephone (214) 777-4254 Facsimile (214) 777-4299 ATTORNEYS FOR PLAINTIFFS JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AMENDED SCHEDULING ORDER Page 4 RULE 3.01 CERTIFICATION The parties previously submitted signed writings indicating their consent to their counsels’ request for a continuance of the trial setting from February 2023 to October 2023. If an additional certification is required for this motion, the parties will provide such certifications. /s/ Elliot Strader CERTIFICATE OF 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 February 8, 2023. /s/ Elliot Strader JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AMENDED SCHEDULING ORDER Page 5 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. Elliot Strader Bar No. 24063966 elliot.strader@akerman.com Envelope ID: 72575644 Status as of 2/9/2023 8:35 AM CST Associated Case Party: MILTON 635 GRAVOIS ROAD LLC Name BarNumber Email TimestampSubmitted Status Robert LeMay r|emay@krcl.com 2/8/2023 3:26:27 PM SENT Jaime DeWees jdewees@krc|.com 2/8/2023 3:26:27 PM SENT Associated Case Party: TRT HOLDINGS, INC. Name BarNumber Email TimestampSubmitted Status Elliot Strader elliot.strader@akerman.com 2/8/2023 3:26:27 PM SENT Xakema Henderson xakema.henderson@akerman.com 2/8/2023 3:26:27 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Teresa Rowe trowe@krcl.com 2/8/2023 3:26:27 PM SENT Connie Nims cnims@krcl.com 2/8/2023 3:26:27 PM SENT Bree Kimball BKimball@krcl.com 2/8/2023 3:26:27 PM SENT