Preview
Filed: 5/1/2023 5:28 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 75201051
By: Shailja Dixit
5/2/2023 8:34 AM
CAUSE NO. 22-CV-0332
DIVERSE EQUITY, LLC § IN THE DISTRICT COURT OF
Plaintiff, §
§
V. §
§ GALVESTON COUNTY, TEXAS
§
COMMONWEALTH LAND TITLE §
INSURANCE COMPANY, D/B/A §
COMMONWEALTH TITLE OF §
HOUSTON, INC.; AND §
MAHMOUDRESA ABHASHEMI 56TH JUDICIAL DISTRICT
Defendants.
DEFENDANTS DALLAS RUSSELL’S
MOTION TO COMPEL DISCOVERY
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW DEFENDANT DALLAS RUSSELL (“Russell”) and makes and files this
Defendant’s Motion to Compel Discovery and as grounds therefore would respectfully show unto the
Court the following:
II.
BACKGROUND
In support of its motion, Defendant Russell would show that it propounded written
discovery to the Plaintiff Diverse Equity in the form of Interrogatories and a Request for
Production of Documents, which were delivered to Plaintiff’s counsel on March 3, 2023. Although
this discovery was properly served upon the Plaintiff with a requirement to respond to this
discovery within thirty (30) days from receipt, Defendant Russell would show that the Plaintiff
has failed to file any responses to this written discovery as required under the Texas Rules of Civil
Procedure. Thus, precipitating the filing of Defendant’s Motion to Compel Discovery herein.
10037287 v1 (73784.00002.000)
II.
RELIEF REQUESTED
Based upon the foregoing, Defendant Russell requests that this Court enter an order
requiring the Plaintiff to fully and properly respond to Defendant’s First Set of Interrogatories and
Defendant’s First Request for Production within a prescribe period of time, which would include
the production of all documents requested and set forth in Defendant’s Request for Production.
In addition, Defendant would show that the Plaintiff has systematically exhibited a blatant
disregard in terms of compliance with discovery propounded by the Defendants in this proceeding
thereby requiring this Defendant as well as other Defendants to incur unnecessary attorney fees
and expenses in seeking compliance which is required under the Texas Rules of Civil Procedure.
Accordingly, Defendant Russell request that this Court grant Defendant Russell appropriate legal
fees and costs incurred in connection with the prosecution and presentation of this motion as
provided under Texas law. Attached hereto is Exhibit “A” is the affidavit of Attorney Chris C.
Pappas in support of an award of reasonable attorney fees and expenses as hereinabove requested.
WHEREFORE, PREMISES CONSIDERED Defendant Dallas Russell pray that this
Motion to Compel Discovery be granted by appropriate order of this Court, and for such other and
further relief, both general and special, at law or in equity to which your Defendant may show
himself justly entitled.
10037287 v1 (73784.00002.000)
Respectfully submitted,
KANE RUSSELL COLEMAN LOGAN PC
By:
Roland G. Hamilton
State Bar No. 24002217
rhamilton@krcl.com
Chris C. Pappas
State Bar No. 15454300
cpappas@krcl.com
Jared Vann
State Bar No. 24125715
jvann@krcl.com
5151 San Felipe, Suite 800
Houston, Texas 77056
Telephone: 713.425.7400
Facsimile: 713.425.7700
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF CONFERENCE
In accordance with the Texas Rules of Civil Procedure, counsel for the Defendant has been
unable to contact counsel for Plaintiff to resolve this dispute.
CHRIS C. PAPPAS
10037287 v1 (73784.00002.000)
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has been
sent to all known counsel pursuant to the Texas Rules of Civil Procedure on this the 1st day of
May, 2023.
Attorneys for Plaintiff: Attorney for Defendant
Ellyn Julia Clevenger MahmoudAbahashemi
1115 Moody Avenue Thomas W. McQuage
Galveston, TX 7550 P. O. Box 16894
ellynclevenger@gmail.com Galveston, TX 77552
clevengerlawoffice@gmail.com mcquage@swbell.net
Attorney for Defendant
Commonwealth Land Title Ins. Co.
Brandon Hakari
Gregory T. Brewer
Fidelity National Law Group
6900 Dallas Parkway, Suite 610
Plano, TX 75024
Brandon.hakari@fnf.com
Chris C. Pappas
10037287 v1 (73784.00002.000)
CAUSE NO. 22-CV-0332
DIVERSE EQUITY, LLC § IN THE DISTRICT COURT OF
Plaintiff, §
§
V. §
§ GALVESTON COUNTY, TEXAS
§
COMMONWEALTH LAND TITLE §
INSURANCE COMPANY, D/B/A §
COMMONWEALTH TITLE OF §
HOUSTON, INC.; AND §
MAHMOUDRESA ABHASHEMI 56TH JUDICIAL DISTRICT
Defendants.
AFFIDAVIT OF CHRIS C. PAPPAS
STATE OF TEXAS *
*
COUNTY OF HARRIS *
Before, the undersigned authority, personally appeared Christopher C. Pappas, who by me
duly sworn, upon oath stated as follows:
1. My name is Christopher C. Pappas and I do hereby state and affirm that I am of sound
mind, and never been convicted of a felony or misdemeanor involving moral turpitude,
and I am fully capable of providing this affidavit. I have personal knowledge of the
facts hereinafter set forth and I do hereby state and affirm that they are true and correct.
2. I am an attorney licensed to practice law in the State of Texas and have been so licensed
since November, 1977. I have been retained as lead counsel for Defendant Dallas
Russell in this matter. During the course of my career, I have specialized in the
handling of civil litigation matters throughout the State of Texas and have been engaged
as legal counsel in connection with the handling of various civil litigation matters in
numerous states throughout the United States, being permitted to appear and practice
in various state and federal courts. I am personally familiar with the usual and
reasonable customary legal fees for services rendered in and around Galveston County
as well as counties throughout the State of Texas. Based upon the foregoing, it is my
professional opinion that the sum of Fifteen Hundred Dollars and No/100 ($1,500.00)
is a reasonable, necessary and customary fee for the legal services required in
connection with the preparation, filing and presentation of Defendant’s Motion to
Compel Discovery herein.
Further, Affiant sayeth not. Further Affiant Sayeth Not.
10037287 v1 (73784.00002.000)
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.
Debra Bell on behalf of Chris Pappas
Bar No. 15454300
dbell@krcl.com
Envelope ID: 75201051
Filing Code Description: Motion to Compel
Filing Description: Deft Russell's Motion to Compel Discovery
Status as of 5/2/2023 8:35 AM CST
Associated Case Party: Diverse Equity, LLC
Name BarNumber Email TimestampSubmitted Status
Ellyn Clevenger 24058662 ellynclevenger@gmail.com 5/1/2023 5:28:46 PM SENT
Associated Case Party: Commonwealth Land Title Insurance Company
Name BarNumber Email TimestampSubmitted Status
Rachel M.Perez rachel.m.perez@fnf.com 5/1/2023 5:28:46 PM SENT
Brandon Hakari brandon.hakari@fnf.com 5/1/2023 5:28:46 PM SENT
Associated Case Party: MahmoudRezaAbhashemi
Name BarNumber Email TimestampSubmitted Status
Thomas McQuage mcquage@swbell.net 5/1/2023 5:28:46 PM SENT
Associated Case Party: Dallas Russe
Name BarNumber Email TimestampSubmitted Status
Chris C. Pappas cpappas@krcl.com 5/1/2023 5:28:46 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Krystal Clayton kclayton@krcl.com 5/1/2023 5:28:46 PM SENT
ELLYN CLEVENGER CLEVENGERLAWOFFICE@GMAIL.COM 5/1/2023 5:28:46 PM SENT
Debra Bell dbell@krcl.com 5/1/2023 5:28:46 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.
Debra Bell on behalf of Chris Pappas
Bar No. 15454300
dbell@krcl.com
Envelope ID: 75201051
Filing Code Description: Motion to Compel
Filing Description: Deft Russell's Motion to Compel Discovery
Status as of 5/2/2023 8:35 AM CST
Case Contacts
Roland Hamilton rhamilton@krcl.com 5/1/2023 5:28:46 PM SENT
Searcy Houston SHouston@krcl.com 5/1/2023 5:28:46 PM SENT
Jared Vann JVann@krcl.com 5/1/2023 5:28:46 PM SENT
Giesla Delgado GDelgado@krcl.com 5/1/2023 5:28:46 PM SENT
Chris C. Pappas cpappas@krcl.com 5/1/2023 5:28:46 PM SENT
Preview
Filed: 5/1/2023 5:28 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 75201051 By: Shailja Dixit 5/2/2023 8:34 AM CAUSE NO. 22-CV-0332 DIVERSE EQUITY, LLC § IN THE DISTRICT COURT OF Plaintiff, § § V. § § GALVESTON COUNTY, TEXAS § COMMONWEALTH LAND TITLE § INSURANCE COMPANY, D/B/A § COMMONWEALTH TITLE OF § HOUSTON, INC.; AND § MAHMOUDRESA ABHASHEMI 56TH JUDICIAL DISTRICT Defendants. DEFENDANTS DALLAS RUSSELL’S MOTION TO COMPEL DISCOVERY TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW DEFENDANT DALLAS RUSSELL (“Russell”) and makes and files this Defendant’s Motion to Compel Discovery and as grounds therefore would respectfully show unto the Court the following: II. BACKGROUND In support of its motion, Defendant Russell would show that it propounded written discovery to the Plaintiff Diverse Equity in the form of Interrogatories and a Request for Production of Documents, which were delivered to Plaintiff’s counsel on March 3, 2023. Although this discovery was properly served upon the Plaintiff with a requirement to respond to this discovery within thirty (30) days from receipt, Defendant Russell would show that the Plaintiff has failed to file any responses to this written discovery as required under the Texas Rules of Civil Procedure. Thus, precipitating the filing of Defendant’s Motion to Compel Discovery herein. 10037287 v1 (73784.00002.000) II. RELIEF REQUESTED Based upon the foregoing, Defendant Russell requests that this Court enter an order requiring the Plaintiff to fully and properly respond to Defendant’s First Set of Interrogatories and Defendant’s First Request for Production within a prescribe period of time, which would include the production of all documents requested and set forth in Defendant’s Request for Production. In addition, Defendant would show that the Plaintiff has systematically exhibited a blatant disregard in terms of compliance with discovery propounded by the Defendants in this proceeding thereby requiring this Defendant as well as other Defendants to incur unnecessary attorney fees and expenses in seeking compliance which is required under the Texas Rules of Civil Procedure. Accordingly, Defendant Russell request that this Court grant Defendant Russell appropriate legal fees and costs incurred in connection with the prosecution and presentation of this motion as provided under Texas law. Attached hereto is Exhibit “A” is the affidavit of Attorney Chris C. Pappas in support of an award of reasonable attorney fees and expenses as hereinabove requested. WHEREFORE, PREMISES CONSIDERED Defendant Dallas Russell pray that this Motion to Compel Discovery be granted by appropriate order of this Court, and for such other and further relief, both general and special, at law or in equity to which your Defendant may show himself justly entitled. 10037287 v1 (73784.00002.000) Respectfully submitted, KANE RUSSELL COLEMAN LOGAN PC By: Roland G. Hamilton State Bar No. 24002217 rhamilton@krcl.com Chris C. Pappas State Bar No. 15454300 cpappas@krcl.com Jared Vann State Bar No. 24125715 jvann@krcl.com 5151 San Felipe, Suite 800 Houston, Texas 77056 Telephone: 713.425.7400 Facsimile: 713.425.7700 ATTORNEYS FOR DEFENDANT CERTIFICATE OF CONFERENCE In accordance with the Texas Rules of Civil Procedure, counsel for the Defendant has been unable to contact counsel for Plaintiff to resolve this dispute. CHRIS C. PAPPAS 10037287 v1 (73784.00002.000) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been sent to all known counsel pursuant to the Texas Rules of Civil Procedure on this the 1st day of May, 2023. Attorneys for Plaintiff: Attorney for Defendant Ellyn Julia Clevenger MahmoudAbahashemi 1115 Moody Avenue Thomas W. McQuage Galveston, TX 7550 P. O. Box 16894 ellynclevenger@gmail.com Galveston, TX 77552 clevengerlawoffice@gmail.com mcquage@swbell.net Attorney for Defendant Commonwealth Land Title Ins. Co. Brandon Hakari Gregory T. Brewer Fidelity National Law Group 6900 Dallas Parkway, Suite 610 Plano, TX 75024 Brandon.hakari@fnf.com Chris C. Pappas 10037287 v1 (73784.00002.000) CAUSE NO. 22-CV-0332 DIVERSE EQUITY, LLC § IN THE DISTRICT COURT OF Plaintiff, § § V. § § GALVESTON COUNTY, TEXAS § COMMONWEALTH LAND TITLE § INSURANCE COMPANY, D/B/A § COMMONWEALTH TITLE OF § HOUSTON, INC.; AND § MAHMOUDRESA ABHASHEMI 56TH JUDICIAL DISTRICT Defendants. AFFIDAVIT OF CHRIS C. PAPPAS STATE OF TEXAS * * COUNTY OF HARRIS * Before, the undersigned authority, personally appeared Christopher C. Pappas, who by me duly sworn, upon oath stated as follows: 1. My name is Christopher C. Pappas and I do hereby state and affirm that I am of sound mind, and never been convicted of a felony or misdemeanor involving moral turpitude, and I am fully capable of providing this affidavit. I have personal knowledge of the facts hereinafter set forth and I do hereby state and affirm that they are true and correct. 2. I am an attorney licensed to practice law in the State of Texas and have been so licensed since November, 1977. I have been retained as lead counsel for Defendant Dallas Russell in this matter. During the course of my career, I have specialized in the handling of civil litigation matters throughout the State of Texas and have been engaged as legal counsel in connection with the handling of various civil litigation matters in numerous states throughout the United States, being permitted to appear and practice in various state and federal courts. I am personally familiar with the usual and reasonable customary legal fees for services rendered in and around Galveston County as well as counties throughout the State of Texas. Based upon the foregoing, it is my professional opinion that the sum of Fifteen Hundred Dollars and No/100 ($1,500.00) is a reasonable, necessary and customary fee for the legal services required in connection with the preparation, filing and presentation of Defendant’s Motion to Compel Discovery herein. Further, Affiant sayeth not. Further Affiant Sayeth Not. 10037287 v1 (73784.00002.000) 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. Debra Bell on behalf of Chris Pappas Bar No. 15454300 dbell@krcl.com Envelope ID: 75201051 Filing Code Description: Motion to Compel Filing Description: Deft Russell's Motion to Compel Discovery Status as of 5/2/2023 8:35 AM CST Associated Case Party: Diverse Equity, LLC Name BarNumber Email TimestampSubmitted Status Ellyn Clevenger 24058662 ellynclevenger@gmail.com 5/1/2023 5:28:46 PM SENT Associated Case Party: Commonwealth Land Title Insurance Company Name BarNumber Email TimestampSubmitted Status Rachel M.Perez rachel.m.perez@fnf.com 5/1/2023 5:28:46 PM SENT Brandon Hakari brandon.hakari@fnf.com 5/1/2023 5:28:46 PM SENT Associated Case Party: MahmoudRezaAbhashemi Name BarNumber Email TimestampSubmitted Status Thomas McQuage mcquage@swbell.net 5/1/2023 5:28:46 PM SENT Associated Case Party: Dallas Russe Name BarNumber Email TimestampSubmitted Status Chris C. Pappas cpappas@krcl.com 5/1/2023 5:28:46 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Krystal Clayton kclayton@krcl.com 5/1/2023 5:28:46 PM SENT ELLYN CLEVENGER CLEVENGERLAWOFFICE@GMAIL.COM 5/1/2023 5:28:46 PM SENT Debra Bell dbell@krcl.com 5/1/2023 5:28:46 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. Debra Bell on behalf of Chris Pappas Bar No. 15454300 dbell@krcl.com Envelope ID: 75201051 Filing Code Description: Motion to Compel Filing Description: Deft Russell's Motion to Compel Discovery Status as of 5/2/2023 8:35 AM CST Case Contacts Roland Hamilton rhamilton@krcl.com 5/1/2023 5:28:46 PM SENT Searcy Houston SHouston@krcl.com 5/1/2023 5:28:46 PM SENT Jared Vann JVann@krcl.com 5/1/2023 5:28:46 PM SENT Giesla Delgado GDelgado@krcl.com 5/1/2023 5:28:46 PM SENT Chris C. Pappas cpappas@krcl.com 5/1/2023 5:28:46 PM SENT