Preview
7/25/2020 9:35 PM
Man'lyn Burgess - District Clerk Harris County
Envelope No. 44830245
‘1
By: Lewis John-Miller
Filed: 7/27/2020 12:00 AM
THE BUZBEE LAW FIRM
WWW. “attorneys. 00m
KIN
Mfifglc’r’fi
July 25, 2020 4090
Cr 2
The Honorable Latosha Lewis Payne 0 2020
“64L
VEST”
The 55th Judicial District Court Cow"
Harris County Civil Courthouse
201 Caroline Street, 9th Floor
B\T:::
Houston, Texas 77002
Re: Robert L. Moody, Jr. v. Greer, Herz & Adams, LLP, Irwin “Buddy” Herz, Jr., and
Ross Rankin Moody, Cause No. 2020-31023, In the 55th Judicial District Court of
Harris County, Texas
Dear Judge Payne:
I want to thank you again for indulging all counsel in the last hearing. As you know from
the arguments, this is an important and monumental case—but, I realize many before your Honor
are as well—so all counsel appreciate your time and attention.
On behalf of the Plaintiff, we write to respond to Defendants’ position letter dated July
22nd, in which Defendants confirm what I posited at the hearing, that is, they seek transfer to
Galveston on four independent grounds.1 Their position differs significantly from the position
counsel for Mr. Herz presented to Your Honor on July 20th, where he argued that the only relevant
issue Plaintiff should be allowed to explore in discovery, pending their motions to transfer, was
whether Buddy Herz has a residence in Harris County. The Court pressed Defense counsel on this
issue, and they now have responded in a way that I expected, consistent with their pleadings. (As
the Court knows, a defendant can have multiple residences, and the standard to prove such is not
high.)
o Defendants seek transfer under Texas Property Code § l 15.002(b) because Defendant Herz allegedly only resides
3 in Galveston County;
of
1 o Defendants seek transfer under Texas Property Code § 1 15.002(d) because it is allegedly unj ust and unreasonable
’
tocompel the parties and witnesses to litigate in Harris County (meaning, even if the Court finds that Trustee
Page
Herz has a residence in Harris County, it is unjust to sue him here);
-
o Defendants seek transfer under Texas Civil Practice &
Remedies Code § 155.002(b) because compelling the
91458279
parties and witnesses to appear in Harris County is allegedly inconvenient, would work an injustice, cause
Defendants economic and personal hardship, the balance of interests predominates in favor of Galveston, and a
transfer will not work an injustice to any patty (standard convenience); and
Number:
o Defendants further deny that venue is proper in Harris County under Texas Civil Practice Remedies § &
15.002(a)(1) and (a)(2) because Defendant Herz alleged does not reside in Ham's County nor did a substantial
part 0f the events giving rise to the claims occur in Harris County (permissive venue).
J.P. Morgan Chase Tower 20- cv- 1564
Document
600 Travis. Suite 7300 DCCOFA
garrespondence from Attorney
Hollston. Texas 77002
022‘s
Telephone: (713) 223-5393
Certified
I hate to be negative, but the arguments the Defendants made during our hearing were
disingenuous, because Plaintiff knew that Herz’s residence would not be the only venue arguments
made by They made those arguments in the healing, of course, to try and limit
these Defendants.
discovery. Defendants’ latest response confirms that discovery to determine proper venue will
require some time, effort, discovery, and argument. I will endeavor to get it all done by the Court’s
new deadlines, assuming that these Defendants cooperate.
Today, Defendants again indicated to Plaintiff that they intend early next week t0 agai_n
attempt to severely limit Plaintiff from conducting discovery until this Court rules on their motions
t0 transfer.They want to decide which requests Plaintiffs served are “relevant” to the venue
position, and which are not. As the Court knows, that is not how it works. And, they refuse to
concede that no matter where discovery occurs, it will be used wherever the case is tried.
To be clear: Defendants’ venue complaints are baseless, but Defendants have made it quite
clear they do not want to discuss their wrongful conduct or where their conduct occurred in Your
Honor’s courtroom. Nor do they wish to explore the lengthy factual allegations they raised for the
first time. To be clear: convenience, raised by these Defendants; convenience under the Trust
Code, raised by these Defendants; where the events occurred that give rise to this claim, raised by
the Defendants; and, Trustee Buddy Herz’s residence, are all factual, discovery inquin'es that must
be explored before the hearing. Plaintiff is ready to work hard to get this work done and get the
evidence before the Coun so that a just ruling can be had.
As stated in the hearing, although I understand that the Court will consider limiting
discovery before the healing on the Motion to Transfer, Iwill say again what I said in the hearing:
the plain language of Texas Rule of Civil Procedure 88 is clear: “Discovery shall not be abated or
otherwise affected by pendency of a motion to transfer venue.”
In the July 20th hean’ng, Your Honor indicated that you were not inclined t0 limit
discovery, yet Defendants still intend to re-urge their arguments to limit discovery as early as next
week. The undersigned counsel was optimistic Your Honor had already addressed Defendants’
attempts to circumvent Rule 88’s plain language, but it is apparent Your Honor will be forced to
address Defendants’ arguments as early as next week. On behalf ofthe Plaintiff and in light of the
multiple bases that Defendants have raised that need to be addressed through discovery, we will
address them as needed, in due course. We only ask that we be given enough time t0 do so.
3 Thank you for your consideration. As always, I remain,
of
2
Sincerely yours,
Page
-
x’s/Anthony G. Buzbee
91458279
Anthony G. Buzbee
Number:
2
Tex. R. Civ. P. 88.
JP. Morgan Chase Tower (Principal Office)
Document
600 Travis, Suite 6850
Houston, Texas 77002
Telephone: (713) 223-5393
Facsimile: (713) 223-5909
Certified
CCI David L. Bergen (dimmer?@ixamjmefi,com)
David J. Beck (dtmcm’iflbc:ckredden com)
Allison Miller (amiiierflbeckreddencom)
Robin C. Gibbs (:‘gibbsairgihmmtm3.com)
Sam Cruse (scruscgiitjgibbsbruns.com)
Ross MacDonald (rmacdanald@ gibbsbmnscom)
Harry M. Reasoner (hmasomI'g‘ig'iéveiaw.mm)
Stacey Neumann Vu (svw‘iiévelawcom)
Page Robinson (pmbinsonaiwaiaw.com)
Shelby Hart-Armstrong ( mamarmsirongt’kfij/v5:1aw.cmn)
3
0f
3
Page
-
91458279
Number:
JP. Morgan Chase Tower (Principal Office)
Document
600 Traviss Suite 6850
Houston, Texas 77002
Telephone: (713) 223-5393
Facsimile: (7 3) 223-5909
I
Certified
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I: Man'lyn Burgess: District Clerk ofHanis
Count}; Texas certify that this and is a true
correct copy of the originai record filed and or
recorded in my office, electronically or hard
copy: as it appears on this date.
Witness my official hand and seal of office
this October 19- 2020
Certified Document Number: 91458279
Um 46m?»
Marilyn Burgess: DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e—mail support@hcdistrictclerk.com
Preview
7/25/2020 9:35 PM Man'lyn Burgess - District Clerk Harris County Envelope No. 44830245 ‘1 By: Lewis John-Miller Filed: 7/27/2020 12:00 AM THE BUZBEE LAW FIRM WWW. “attorneys. 00m KIN Mfifglc’r’fi July 25, 2020 4090 Cr 2 The Honorable Latosha Lewis Payne 0 2020 “64L VEST” The 55th Judicial District Court Cow" Harris County Civil Courthouse 201 Caroline Street, 9th Floor B\T::: Houston, Texas 77002 Re: Robert L. Moody, Jr. v. Greer, Herz & Adams, LLP, Irwin “Buddy” Herz, Jr., and Ross Rankin Moody, Cause No. 2020-31023, In the 55th Judicial District Court of Harris County, Texas Dear Judge Payne: I want to thank you again for indulging all counsel in the last hearing. As you know from the arguments, this is an important and monumental case—but, I realize many before your Honor are as well—so all counsel appreciate your time and attention. On behalf of the Plaintiff, we write to respond to Defendants’ position letter dated July 22nd, in which Defendants confirm what I posited at the hearing, that is, they seek transfer to Galveston on four independent grounds.1 Their position differs significantly from the position counsel for Mr. Herz presented to Your Honor on July 20th, where he argued that the only relevant issue Plaintiff should be allowed to explore in discovery, pending their motions to transfer, was whether Buddy Herz has a residence in Harris County. The Court pressed Defense counsel on this issue, and they now have responded in a way that I expected, consistent with their pleadings. (As the Court knows, a defendant can have multiple residences, and the standard to prove such is not high.) o Defendants seek transfer under Texas Property Code § l 15.002(b) because Defendant Herz allegedly only resides 3 in Galveston County; of 1 o Defendants seek transfer under Texas Property Code § 1 15.002(d) because it is allegedly unj ust and unreasonable ’ tocompel the parties and witnesses to litigate in Harris County (meaning, even if the Court finds that Trustee Page Herz has a residence in Harris County, it is unjust to sue him here); - o Defendants seek transfer under Texas Civil Practice & Remedies Code § 155.002(b) because compelling the 91458279 parties and witnesses to appear in Harris County is allegedly inconvenient, would work an injustice, cause Defendants economic and personal hardship, the balance of interests predominates in favor of Galveston, and a transfer will not work an injustice to any patty (standard convenience); and Number: o Defendants further deny that venue is proper in Harris County under Texas Civil Practice Remedies § & 15.002(a)(1) and (a)(2) because Defendant Herz alleged does not reside in Ham's County nor did a substantial part 0f the events giving rise to the claims occur in Harris County (permissive venue). J.P. Morgan Chase Tower 20- cv- 1564 Document 600 Travis. Suite 7300 DCCOFA garrespondence from Attorney Hollston. Texas 77002 022‘s Telephone: (713) 223-5393 Certified I hate to be negative, but the arguments the Defendants made during our hearing were disingenuous, because Plaintiff knew that Herz’s residence would not be the only venue arguments made by They made those arguments in the healing, of course, to try and limit these Defendants. discovery. Defendants’ latest response confirms that discovery to determine proper venue will require some time, effort, discovery, and argument. I will endeavor to get it all done by the Court’s new deadlines, assuming that these Defendants cooperate. Today, Defendants again indicated to Plaintiff that they intend early next week t0 agai_n attempt to severely limit Plaintiff from conducting discovery until this Court rules on their motions t0 transfer.They want to decide which requests Plaintiffs served are “relevant” to the venue position, and which are not. As the Court knows, that is not how it works. And, they refuse to concede that no matter where discovery occurs, it will be used wherever the case is tried. To be clear: Defendants’ venue complaints are baseless, but Defendants have made it quite clear they do not want to discuss their wrongful conduct or where their conduct occurred in Your Honor’s courtroom. Nor do they wish to explore the lengthy factual allegations they raised for the first time. To be clear: convenience, raised by these Defendants; convenience under the Trust Code, raised by these Defendants; where the events occurred that give rise to this claim, raised by the Defendants; and, Trustee Buddy Herz’s residence, are all factual, discovery inquin'es that must be explored before the hearing. Plaintiff is ready to work hard to get this work done and get the evidence before the Coun so that a just ruling can be had. As stated in the hearing, although I understand that the Court will consider limiting discovery before the healing on the Motion to Transfer, Iwill say again what I said in the hearing: the plain language of Texas Rule of Civil Procedure 88 is clear: “Discovery shall not be abated or otherwise affected by pendency of a motion to transfer venue.” In the July 20th hean’ng, Your Honor indicated that you were not inclined t0 limit discovery, yet Defendants still intend to re-urge their arguments to limit discovery as early as next week. The undersigned counsel was optimistic Your Honor had already addressed Defendants’ attempts to circumvent Rule 88’s plain language, but it is apparent Your Honor will be forced to address Defendants’ arguments as early as next week. On behalf ofthe Plaintiff and in light of the multiple bases that Defendants have raised that need to be addressed through discovery, we will address them as needed, in due course. We only ask that we be given enough time t0 do so. 3 Thank you for your consideration. As always, I remain, of 2 Sincerely yours, Page - x’s/Anthony G. Buzbee 91458279 Anthony G. Buzbee Number: 2 Tex. R. Civ. P. 88. JP. Morgan Chase Tower (Principal Office) Document 600 Travis, Suite 6850 Houston, Texas 77002 Telephone: (713) 223-5393 Facsimile: (713) 223-5909 Certified CCI David L. Bergen (dimmer?@ixamjmefi,com) David J. Beck (dtmcm’iflbc:ckredden com) Allison Miller (amiiierflbeckreddencom) Robin C. Gibbs (:‘gibbsairgihmmtm3.com) Sam Cruse (scruscgiitjgibbsbruns.com) Ross MacDonald (rmacdanald@ gibbsbmnscom) Harry M. Reasoner (hmasomI'g‘ig'iéveiaw.mm) Stacey Neumann Vu (svw‘iiévelawcom) Page Robinson (pmbinsonaiwaiaw.com) Shelby Hart-Armstrong ( mamarmsirongt’kfij/v5:1aw.cmn) 3 0f 3 Page - 91458279 Number: JP. Morgan Chase Tower (Principal Office) Document 600 Traviss Suite 6850 Houston, Texas 77002 Telephone: (713) 223-5393 Facsimile: (7 3) 223-5909 I Certified .cl"...."n. 9’ '0. ' fl ‘ a I ‘ Q . o$ HARQ a I . l’ .’ t .k . .' .- 0' g” "..- ' /& o. -, O o ‘ . . - .v u . ’ O 0’ n ’ .o. o o v u . a . ‘ - ' ‘x‘ ’ ’ ' Q o z 3": I I :‘4; : ‘ 'o o o .’ z: " n ‘ Q t 'fi r. . : I o 0 ....... .fl f 9 u. u 3 a ". '« ‘- 0 fl 9 ’v D oo C v‘ o Oo 'Q.....o0‘ I: Man'lyn Burgess: District Clerk ofHanis Count}; Texas certify that this and is a true correct copy of the originai record filed and or recorded in my office, electronically or hard copy: as it appears on this date. Witness my official hand and seal of office this October 19- 2020 Certified Document Number: 91458279 Um 46m?» Marilyn Burgess: DISTRICT CLERK HARRIS COUNTY, TEXAS In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e—mail support@hcdistrictclerk.com