Order: BNG MANAGEMENT GROUP, LLC, et al vs. JIMMY CHO, et al

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                                CAUSE NO. DC-21-04907

BNG MANAGEMENT GROUP, LLC                                                 IN THE DISTRICT COURT OF




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Plaintifif
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v.                                                                        DALLAS COUNTY, TEXAS

TOZEE CONSTRUCTION, INC.,
GIANT BLUE, INC., AND JIMMY CHO,
INDIVIDUALLY

Defendants.                                                               1   01 st   JUDICIAL DISTRICT
                ORDER ON MOTION FOR DEATH PENALTY SAN CTION S

        CAME FOR CONSIDERATION on this date, Plaintiff BNQManagement Group, LLC’s

(“Plaintiff”) Motion for Death Penalty Sanctions. Alter reviewing the pleadings, lack of response,

and arguments    of counsel, the Court is of the opinion that Plaintiff’s Motion is well taken and

should be   GRANTED.        ,




        The Court finds that~Defendants did not comply with its November 1, 2021 Order on the

Plaintiff’s First Motion to Compel.

        The Court finds that Defendants did not comply with numerbus Oral orders and instructions

including those at the February '21, 2022 hearing on Plaintiff’s Second Motion to Compel.

        The Court finds that Defendants did not comply with the March 14, 2023 Order on
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Plaintiff’s Third Motion to Compel.

        The Court finds that it attempted lesser sanctions against Defendants by ordering them to
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pay $1,550.00in its March 14, 2023 Order which they did not pay as required in the Order.

        The Court finds that death penalty sanctions are justified due to the repeated failure by

Defendants to comply with Court Orders and rulings.




Order Granting Death Penalty Sanctions - Page   1   of 2
        The Court finds that the punishment of death penalty sanctions fits the repeated failure of

Defendants to comply with their discovery requirements in this ease and the Court’s Orders:

        IT IS THEREFORE ORDERED, ADJUDGED AND DECREED                                  that Plaintiff   BNG

Managernent,   LLC’s Motion for Death Penalty Sanctions is GRANTED.
        IT IS FURTHER ORDERED, ADJUDGED, AND DECREED tha't Defendants Tozee

Construction, Inc. and Giant Blue, Inc’s Counterclaims are hereby         STRICKEN.

        IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants Tozee

Construction, Inc., Giant            Inc,    and Jimmy Cho’ s Answers are   STRICKEN.
                             Blue,
        IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Parties shall

proceed to trial on Plaintiffs damages.




        SIGNED thifiD‘l day of                                     2023.




                                                                       Stag"Williams
                                     -
                                         K
                                                    HonorabKe/Ihg’ge
                                                                                        p


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Order Granting Death Penalty Sanctions - Page 2 of 2