Preview
FILED
1/31/2022 5:32 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Debra Clark DEPUTY
N0. DC-20-12534
RENATA PETRYLIENE AND BIG IN THE DISTRICT COURT
§§§§§§§§§§§§§§§§§§§§§§§§§§§§
RIVER NV,
Plaintiffs/Counter-Defendants,
V.
BRADFORD PHILLIPS,
INDIVIDUALLY
ICC SURRWOOD CORP.,
CHEYENNE ASSET MANAGEMENT,
INC. DONALD W. PHILLIPS, MICKEY
NED PHILLIPS, NICKEY TED 191st JUDICIAL DISTRICT
PHILLIPS
LONGFELLOW INVESTORS I, LLC,
LONGFELLOW INVESTORS II, LLC,
LONGFELLOW INVESTORS III, LLC,
LONGFELLOW INVESTORS IV, LLC,
LONGFELLOW INVESTORS V, LLC,
LOUIS J. CORNA, KENNETH K.
FOGG, AND BENNETT, WESTON,
LAJONE & TURNER, P.C.,
Defendants/Counter—Plaintiffs
v.
DALLAS HRS DEVELOPMENT, INC.
AND JRG INVESTMENT CO. INC.
Intervenors DALLAS COUNTY, TEXAS
DEFENDAN TS’ MOTION FOR LEAVE TO FILE RENEWED MOTION TO
COMPEL DISCOVERY IN EXCESS OF 25 PAGES
Defendants Nickey Ted Phillips, Mickey Ned Phillips, Donald W. Phillips,
Bradford Phillips, Louis J. Corna, Bennett, Weston, La]one 8t Turner, P.C.,
Cheyenne Asset Management, Inc. (collectively ”Defendants” or ”Movants”)
PAGE 1 0F 5
intend to file a Renewed Motion to Compel Discovery for six of the Defendants
(the ”Motion”). The six Defendants seek leave to attach an appendix containing
the Plaintiffs’ Amended Discovery Responses (which will support the Motion)
which is in excess of 25 pages. In support, Defendants show the Court as follows:
The renewed motion is concerning Renata Petryliene and Big River NV
LLC’s: 1) failure to respond to each of the six Defendants’ document requests; 2)
improper objections and failure to answer interrogatories; and 3) improper
objections and failures to answer requests for admissions.
The renewed motion will rely primarily upon the transcript from the
original hearing on Defendants’ Motions to Compel that was held on November
9, 2021. The transcript itself is 56 pages. In order for the Court to review its prior
orders, the prior arguments of the parties and the representations Plaintiffs’
counsel made to this Court regarding, among other things, their diligence in
investigating prior to answering the discovery, the transcript of the prior discovery
hearing should be included in the record.
The subject discovery requests and Plaintiffs’ amended responses to
Defendants’ respective interrogatories and requests for admission also exceed 25
pages. In order for the Court to see the amended responses and determine
whether they are compliant with its prior orders, or whether additional orders are
warranted, , the Court should have the Plaintiffs’ amended responses available to
PAGE 2 0F 5
it. Likewise, in order for the Court to determine compliance with the prior orders
by the amended objections and answers to interrogatories and requests for
admissions, as well as providing any additional order regarding the requirement
to answer same, the Court should have those amended objections and responses
available for review. Accordingly, Defendants would like to provide their
counsel’s declaration proving up the discovery, as well as the discovery and
objections and responses referenced, which are the subject of the Motion. The
transcript of the prior hearing, Defendants’ Requests for Production and the
Plaintiffs’ Amended Responses to the Defendants’ interrogatories, requests for
admissions and requests for production that are the subject of the Motion exceed
25 pages. Defendants seek leave to file the appendix in support of the Motions in
excess of 25 pages.
Dallas County General Order signed on April 2, 2020, allows the Court to
grant permission to file an Appendix, in support of a motion that is in excess of 25
pages upon a showing of compelling reasons.1 Providing Defendants with a way
1
The enforceability of the General Order’s 25-page limitation in the context of summary judgment motions
and responses is an open issue because it appears inconsistent with Tex. R. CiV. P. l66a(c) and Plaintiff
finds nothing indicating that it meets other requirements of Tex. R. CiV. P. 3a which provides as follows:
RULE 3a. LOCAL RULES
Each administrative judicial region, district court, county court, county court at law, and
probate court, may make and amend local rules governing practice before such courts,
provided:
PAGE 3 0F 5
to establish the requests that are the subject of the Motion, as well as the Plaintiffs’
objections and responses to the interrogatories and requests for admissions that
are also the subject of the Motion, when that is the discovery to be ruled on, and
providing the Court an opportunity to review same when that discovery exceeds
25 pages, meets that showing.
WHEREFORE, PREMISES CONSIDERED, Defendants Nickey Ted Phillips,
Mickey Ned Phillips, Donald W. Phillips, Bradford Phillips, Louis J. Corna,
Cheyenne Asset Management, Inc. and Bennett, Weston, La]one & Turner, P.C.
pray that the Court GRANT this Motion and allow Defendants leave to file their
Renewed Motion to Compel with an appendix in excess of 25 pages. Defendants
further pray for such other relief to which they have shown themselves entitled.
(1) that any proposed rule or amendment shall not be inconsistent with these rules or with
any rule of the administrative judicial region in which the court is located;
(2) no time period provided by these rules may be altered by local rules;
(3) any proposed local rule or amendment shall not become effective until it is submitted
and approved by the Supreme Court of Texas;
(4) any proposed local rule or amendment shall not become effective until at least thirty
days after its publication in a manner reasonably calculated to bring it to the attention of
attorneys practicing before the court or courts for which it is made;
(5) all local rules or amendments adopted and approved in accordance herewith are made
available upon request to members of the bar;
(6) no local rule, order, or practice of any court, other than local rules and amendments
which fully comply with all requirements of this Rule 3a, shall ever be applied to determine
the merits of any matter.
PAGE 4 0F 5
Respectfully submitted,
By: [31 Mitchell Madden
Mitchell Madden
State Bar No. 12789350
Email:mmadden@himmlegal.com;
skinnev@himmlegal.com
Melissa Johnson
State Bar No. 19142900
Email: Melissa@himmlegal.com
Dennis Holmgren
State Bar No. 24036799
Email: dennis@hjmmlegal.com
HOLMGREN JOHNSON:
MITCHELL MADDEN, LLP
12801 North Central Expressway
Suite 140
Dallas, Texas 75243
Telephone: 972—484—7780
Facsimile: 972-484-7743
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF CONFERENCE
I hereby certify that I attempted to conference with counsel for Plaintiffs and
on January 31, 2022. At the time of the filing of this Motion, Plaintiffs’ counsel had
yet to respond back.
/ s / Mitchell Madden
Mitchell Madden
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served on
counsel of record according to the Texas Rules of Civil Procedure on January 31,
2022.
/s[ Mitchell Madden
Mitchell Madden
PAGE 5 0F 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.
Tania Flores on behalf of Mitchell Madden
Bar No. 12789350
tflores@hjmmlegal.com
Envelope ID: 61323540
Status as of 2/1/2022 8:18 AM CST
Associated Case Party: KENNETHKFOGG
Name BarNumber Email TimestampSubmitted Status
Daniel D.Tostrud dtostrud@cobbmartinez.com 1/31/2022 5:32:47 PM SENT
Virginia E.Cox vcox@cobbmartinez.com 1/31/2022 5:32:47 PM SENT
Karyn Elder kelder@cobbmartinez.com 1/31/2022 5:32:47 PM SENT
Sandi Mallon smallon@cobbmartinez.com 1/31/2022 5:32:47 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Mitchell Madden mmadden@hjmmlegal.com 1/31/2022 5:32:47 PM SENT
Shawnte Kinney skinney@hjmmlegal.com 1/31/2022 5:32:47 PM SENT
Melissa Johnson Melissa@hjmmlegal.com 1/31/2022 5:32:47 PM SENT
Tania Flores tflores@hjmmlegal.com 1/31/2022 5:32:47 PM SENT
Dennis Holmgren Dennis@hjmmlegal.com 1/31/2022 5:32:47 PM SENT
Jordan L. Vimont jvimont@rctlegal.com 1/31/2022 5:32:47 PM SENT
Veronica Zavala veronica@hgchandlerlaw.com 1/31/2022 5:32:47 PM SENT
Rachel A.Buchhorn rbuchhorn@reidcollins.com 1/31/2022 5:32:47 PM SENT
Joseph Alrrobali airrobali@tillotsonlaw.com 1/31/2022 5:32:47 PM SENT
Susie Wade swade@tillotsonlaw.com 1/31/2022 5:32:47 PM SENT
Ashli Durke adurke@rctlegal.com 1/31/2022 5:32:47 PM ERROR
Kira Lytle klytle@tillotsonlaw.com 1/31/2022 5:32:47 PM SENT
Lisa tsai ltsai@reidcollins.com 1/31/2022 5:32:47 PM SENT
Misty Gasiorowski mgasiorowski@wkpz.com 1/31/2022 5:32:47 PM SENT
Enrique Ramirez eramirez@tillotsonlaw.com 1/31/2022 5:32:47 PM SENT
Benjamin LNabors bnabors@tillotsonlaw.com 1/31/2022 5:32:47 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.
Tania Flores on behalf of Mitchell Madden
Bar No. 12789350
tflores@hjmmlegal.com
Envelope ID: 61323540
Status as of 2/1/2022 8:18 AM CST
Associated Case Party: ICC SURFWOOD CORP
Name BarNumber Email TimestampSubmitted Status
Jeffrey MTillotson jtillotson@tillotsonlaw.com 1/31/2022 5:32:47 PM SENT
Jonathan RPatton jpatton@tillotsonlaw.com 1/31/2022 5:32:47 PM SENT
Associated Case Party: CHEYENNE ASSET MANAGEMENT INC
Name BarNumber Email TimestampSubmitted Status
H. Grady Chandler grady@hgchandlerlaw.com 1/31/2022 5:32:47 PM SENT
Associated Case Party: RENATA PETRYLIENE
Name BarNumber Email TimestampSubmitted Status
Ralph Ritch Roberts 24041794 roberts@rrobertslaw.com 1/31/2022 5:32:47 PM SENT
Bradley Ryynanen 24082520 brad@bdrlegal.com 1/31/2022 5:32:47 PM SENT
Preview
FILED 1/31/2022 5:32 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Debra Clark DEPUTY N0. DC-20-12534 RENATA PETRYLIENE AND BIG IN THE DISTRICT COURT §§§§§§§§§§§§§§§§§§§§§§§§§§§§ RIVER NV, Plaintiffs/Counter-Defendants, V. BRADFORD PHILLIPS, INDIVIDUALLY ICC SURRWOOD CORP., CHEYENNE ASSET MANAGEMENT, INC. DONALD W. PHILLIPS, MICKEY NED PHILLIPS, NICKEY TED 191st JUDICIAL DISTRICT PHILLIPS LONGFELLOW INVESTORS I, LLC, LONGFELLOW INVESTORS II, LLC, LONGFELLOW INVESTORS III, LLC, LONGFELLOW INVESTORS IV, LLC, LONGFELLOW INVESTORS V, LLC, LOUIS J. CORNA, KENNETH K. FOGG, AND BENNETT, WESTON, LAJONE & TURNER, P.C., Defendants/Counter—Plaintiffs v. DALLAS HRS DEVELOPMENT, INC. AND JRG INVESTMENT CO. INC. Intervenors DALLAS COUNTY, TEXAS DEFENDAN TS’ MOTION FOR LEAVE TO FILE RENEWED MOTION TO COMPEL DISCOVERY IN EXCESS OF 25 PAGES Defendants Nickey Ted Phillips, Mickey Ned Phillips, Donald W. Phillips, Bradford Phillips, Louis J. Corna, Bennett, Weston, La]one 8t Turner, P.C., Cheyenne Asset Management, Inc. (collectively ”Defendants” or ”Movants”) PAGE 1 0F 5 intend to file a Renewed Motion to Compel Discovery for six of the Defendants (the ”Motion”). The six Defendants seek leave to attach an appendix containing the Plaintiffs’ Amended Discovery Responses (which will support the Motion) which is in excess of 25 pages. In support, Defendants show the Court as follows: The renewed motion is concerning Renata Petryliene and Big River NV LLC’s: 1) failure to respond to each of the six Defendants’ document requests; 2) improper objections and failure to answer interrogatories; and 3) improper objections and failures to answer requests for admissions. The renewed motion will rely primarily upon the transcript from the original hearing on Defendants’ Motions to Compel that was held on November 9, 2021. The transcript itself is 56 pages. In order for the Court to review its prior orders, the prior arguments of the parties and the representations Plaintiffs’ counsel made to this Court regarding, among other things, their diligence in investigating prior to answering the discovery, the transcript of the prior discovery hearing should be included in the record. The subject discovery requests and Plaintiffs’ amended responses to Defendants’ respective interrogatories and requests for admission also exceed 25 pages. In order for the Court to see the amended responses and determine whether they are compliant with its prior orders, or whether additional orders are warranted, , the Court should have the Plaintiffs’ amended responses available to PAGE 2 0F 5 it. Likewise, in order for the Court to determine compliance with the prior orders by the amended objections and answers to interrogatories and requests for admissions, as well as providing any additional order regarding the requirement to answer same, the Court should have those amended objections and responses available for review. Accordingly, Defendants would like to provide their counsel’s declaration proving up the discovery, as well as the discovery and objections and responses referenced, which are the subject of the Motion. The transcript of the prior hearing, Defendants’ Requests for Production and the Plaintiffs’ Amended Responses to the Defendants’ interrogatories, requests for admissions and requests for production that are the subject of the Motion exceed 25 pages. Defendants seek leave to file the appendix in support of the Motions in excess of 25 pages. Dallas County General Order signed on April 2, 2020, allows the Court to grant permission to file an Appendix, in support of a motion that is in excess of 25 pages upon a showing of compelling reasons.1 Providing Defendants with a way 1 The enforceability of the General Order’s 25-page limitation in the context of summary judgment motions and responses is an open issue because it appears inconsistent with Tex. R. CiV. P. l66a(c) and Plaintiff finds nothing indicating that it meets other requirements of Tex. R. CiV. P. 3a which provides as follows: RULE 3a. LOCAL RULES Each administrative judicial region, district court, county court, county court at law, and probate court, may make and amend local rules governing practice before such courts, provided: PAGE 3 0F 5 to establish the requests that are the subject of the Motion, as well as the Plaintiffs’ objections and responses to the interrogatories and requests for admissions that are also the subject of the Motion, when that is the discovery to be ruled on, and providing the Court an opportunity to review same when that discovery exceeds 25 pages, meets that showing. WHEREFORE, PREMISES CONSIDERED, Defendants Nickey Ted Phillips, Mickey Ned Phillips, Donald W. Phillips, Bradford Phillips, Louis J. Corna, Cheyenne Asset Management, Inc. and Bennett, Weston, La]one & Turner, P.C. pray that the Court GRANT this Motion and allow Defendants leave to file their Renewed Motion to Compel with an appendix in excess of 25 pages. Defendants further pray for such other relief to which they have shown themselves entitled. (1) that any proposed rule or amendment shall not be inconsistent with these rules or with any rule of the administrative judicial region in which the court is located; (2) no time period provided by these rules may be altered by local rules; (3) any proposed local rule or amendment shall not become effective until it is submitted and approved by the Supreme Court of Texas; (4) any proposed local rule or amendment shall not become effective until at least thirty days after its publication in a manner reasonably calculated to bring it to the attention of attorneys practicing before the court or courts for which it is made; (5) all local rules or amendments adopted and approved in accordance herewith are made available upon request to members of the bar; (6) no local rule, order, or practice of any court, other than local rules and amendments which fully comply with all requirements of this Rule 3a, shall ever be applied to determine the merits of any matter. PAGE 4 0F 5 Respectfully submitted, By: [31 Mitchell Madden Mitchell Madden State Bar No. 12789350 Email:mmadden@himmlegal.com; skinnev@himmlegal.com Melissa Johnson State Bar No. 19142900 Email: Melissa@himmlegal.com Dennis Holmgren State Bar No. 24036799 Email: dennis@hjmmlegal.com HOLMGREN JOHNSON: MITCHELL MADDEN, LLP 12801 North Central Expressway Suite 140 Dallas, Texas 75243 Telephone: 972—484—7780 Facsimile: 972-484-7743 ATTORNEYS FOR DEFENDANTS CERTIFICATE OF CONFERENCE I hereby certify that I attempted to conference with counsel for Plaintiffs and on January 31, 2022. At the time of the filing of this Motion, Plaintiffs’ counsel had yet to respond back. / s / Mitchell Madden Mitchell Madden CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on counsel of record according to the Texas Rules of Civil Procedure on January 31, 2022. /s[ Mitchell Madden Mitchell Madden PAGE 5 0F 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. Tania Flores on behalf of Mitchell Madden Bar No. 12789350 tflores@hjmmlegal.com Envelope ID: 61323540 Status as of 2/1/2022 8:18 AM CST Associated Case Party: KENNETHKFOGG Name BarNumber Email TimestampSubmitted Status Daniel D.Tostrud dtostrud@cobbmartinez.com 1/31/2022 5:32:47 PM SENT Virginia E.Cox vcox@cobbmartinez.com 1/31/2022 5:32:47 PM SENT Karyn Elder kelder@cobbmartinez.com 1/31/2022 5:32:47 PM SENT Sandi Mallon smallon@cobbmartinez.com 1/31/2022 5:32:47 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Mitchell Madden mmadden@hjmmlegal.com 1/31/2022 5:32:47 PM SENT Shawnte Kinney skinney@hjmmlegal.com 1/31/2022 5:32:47 PM SENT Melissa Johnson Melissa@hjmmlegal.com 1/31/2022 5:32:47 PM SENT Tania Flores tflores@hjmmlegal.com 1/31/2022 5:32:47 PM SENT Dennis Holmgren Dennis@hjmmlegal.com 1/31/2022 5:32:47 PM SENT Jordan L. Vimont jvimont@rctlegal.com 1/31/2022 5:32:47 PM SENT Veronica Zavala veronica@hgchandlerlaw.com 1/31/2022 5:32:47 PM SENT Rachel A.Buchhorn rbuchhorn@reidcollins.com 1/31/2022 5:32:47 PM SENT Joseph Alrrobali airrobali@tillotsonlaw.com 1/31/2022 5:32:47 PM SENT Susie Wade swade@tillotsonlaw.com 1/31/2022 5:32:47 PM SENT Ashli Durke adurke@rctlegal.com 1/31/2022 5:32:47 PM ERROR Kira Lytle klytle@tillotsonlaw.com 1/31/2022 5:32:47 PM SENT Lisa tsai ltsai@reidcollins.com 1/31/2022 5:32:47 PM SENT Misty Gasiorowski mgasiorowski@wkpz.com 1/31/2022 5:32:47 PM SENT Enrique Ramirez eramirez@tillotsonlaw.com 1/31/2022 5:32:47 PM SENT Benjamin LNabors bnabors@tillotsonlaw.com 1/31/2022 5:32:47 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. Tania Flores on behalf of Mitchell Madden Bar No. 12789350 tflores@hjmmlegal.com Envelope ID: 61323540 Status as of 2/1/2022 8:18 AM CST Associated Case Party: ICC SURFWOOD CORP Name BarNumber Email TimestampSubmitted Status Jeffrey MTillotson jtillotson@tillotsonlaw.com 1/31/2022 5:32:47 PM SENT Jonathan RPatton jpatton@tillotsonlaw.com 1/31/2022 5:32:47 PM SENT Associated Case Party: CHEYENNE ASSET MANAGEMENT INC Name BarNumber Email TimestampSubmitted Status H. Grady Chandler grady@hgchandlerlaw.com 1/31/2022 5:32:47 PM SENT Associated Case Party: RENATA PETRYLIENE Name BarNumber Email TimestampSubmitted Status Ralph Ritch Roberts 24041794 roberts@rrobertslaw.com 1/31/2022 5:32:47 PM SENT Bradley Ryynanen 24082520 brad@bdrlegal.com 1/31/2022 5:32:47 PM SENT