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FILED
DALLAS COUNTY
10/10/2019 5:03 PM
FELICIA PITRE
DISTRICT CLERK
Lafonda Sims
CAUSE N0. DC-18-17503
6534 STUEBNER AIRLINE ROAD, LLC § IN THE DISTRICT COURT
and 825 WEST KEARNEY STREET, LLC §
§
Plaintiffs, §
§
§
§
§ 0F DALLAS COUNTY, TEXAS
§
§
§
CONCORD HEALTHCARE GROUP, LLC, §
CHG OPERATOR 029, LLC, JOSEF §
NEUMAN, and OSCAR ROSENBERG §
§
Defendants. §
19IST JUDICIAL DISTRICT
JOINT & AGREED MOTION FOR CONTINUANCE OF TRIAL SETTING &
ENTRY OF DOCKET CONTROL ORDER
Plaintiff and Defendants file this Joint & Agreed Motion for Continuance 0f Trial
Setting & Entry 0f Docket Control Order, through which all parties and counsel have
agreed and ask the Court t0 reset the trial of this case from its current setting on November
11, 2019 to the week 0f August 3 1, 2020 0r the date next available thereafter 0n the court’s
non-jury trial docket pursuant t0 Texas Rules 0f Civil Procedure 166 and 25 1. The Parties
have conferred and attach a proposed Docket Control Order as Exhibit 3.
1. The above-captioned case is currently set for trial on November 11, 2019.
The Parties have been diligently conducting discovery and preparing this case for trial, but
agree that additional time is needed t0 prepare this case for trial and request the Court reset
this case t0 a new trial date in order t0 provide sufficient time to prepare this case for trial,
and ensure the parties sufficient time for the orderly preparation of this matter for trial (and
pursuant to Tex. R. Civ. P. 166 and 251).
2. The current trial setting is the first trial setting in the case and this agreed
motion for continuance is the first motion for continuance filed by any party.
3. The motion is brought jointly and by agreement, pursuant to Texas Rule of
Civil Procedure 251. See Exhibit 2.
4. All counsel and the parties have agreed to reset the trial of this cause due to
that reason and because of a need for additional time to complete discovery, and to prepare
this case in a meaningful way for trial. Moreover, the parties are asking this Court to
consolidate this case with another case currently pending in the 68th Judicial District Court
and are currently conducting settlement negotiations which may ultimately resolve all
issues ahead of final trial but need the time to resolve all issues as the underlying subject
matter and the issues to resolve are complex and require a significant amount of time to
work through and resolve, then reduce to final agreements. See Exhibit 2.
5. The continuance is not sought for delay only but so that justice may be done.
See Exhibits 1 and 2.
6. The continuance requested will not prejudice any party. See Exhibits 1 and
2.
7. Therefore, for the reasons set forth in the Declarations attached as Exhibits 1
and 2, and not only for delay only, but so that justice may be done, Plaintiff and Defendants
ask the Court to grant the requested continuance of the trial setting in this case and reset
2
the case for trial for the docket the week 0f April 6, 2020 0r the date next available
thereafter on the court’s non-jury docket.
8. The Parties have conferred and attach a proposed Docket Control Order as
Exhibit 3 with a trial setting in August 0f 2020.
9. The Court should grant the relief requested pursuant to Texas Rules of Civil
Procedure 190.4, 166 and 251.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff and Defendants requests the
Court grant this agreed motion for continuance 0f the current trial setting and reset the case
for trial at a later date. The parties further pray for such other and further relief, Whether
general or specific, either at law 0r in equity, t0 which they may show themselves t0 be
justly entitled.
Respectfully submitted,
/s/ Patrick B. McAndrew
Patrick B. McAndrew
State Bar N0. 24042596
Andrew C. Nelson
State Bar N0. 24074801
WRIGHT CLOSE & BARGER, LLP
One Riverway, 2200
Suite
Houston, Texas 77056
Telephone: (7 1 3) 572-4321
Facsimile: (713) 572-4320
mcandrew@wrightclosebarger.com
nelson@wrightclosebarger.com
Attorneys for Plaintifi‘ 8001 Western Hills,
LLC
/s/David G. Crooks
David G. Crooks
State Bar N0. 24028168
Andy Nikolopoulos
State Bar N0. 2404485
FOX ROTHSCHILD, LLP
Two Lincoln Centre
5420 LBJ Freeway, Suite 1200
Dallas, TX 75240
dcrooks@f0xrothschild.com
anikolopoulos@foxrothschild.com
Telephone: (972) 991-0889
Facsimile: (972) 404-05 1 6
Attorneyfor Defendants
Concord Healthcare Group, LLC,
Trinity HC Operator, LL C,
JosefNeuman, and Oscar Rosenberg
CERTIFICATE OF CONFERENCE
The undersigned counsel has confirmed agreement with the relief sought in this
Motion through communication Plaintiffs’ counsel 0f record. The Plaintiffs and the
Defendants are all in agreement With the relief requested and this motion is supported by
the declarations of both Plaintiff” s counsel and Defendants’ counsel.
/S/ Patrick B. McAndrew
Patrick B. McAndrew
CERTIFICATE OF SERVICE
I hereby certify that on the 10th day of October 2019, a true and correct copy 0f the
above and foregoing document was served upon all counsel 0f record Via electronic filing
service in compliance with Texas Rule of Civil Procedure 21a.
/S/ Patrick B. McAndrew
Patrick B. McAndrew
EXHIBIT 1
CAUSE NO. DC-18-17503
6534 STUEBNER AIRLINE ROAD,LLC and § IN THE DISTRICT COURT
825 WEST KEARNEY STREET, LLC
Plaintififi,
OF DALLAS COUNTY, TEXAS
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
CONCORD HEALTHCARE GROUP, LLC,
CHG OPERATOR 029, LLC, JOSEF
NEUMAN, and OSCAR ROSENBERG
ST
Defendants. 19 1 JUDICIAL DISTRICT
DECLARATION OF PATRICK B. MCANDREW
STATE OF TEXAS §
HARRIS COUNTY g
I, Patrick B. McAndreW, declare the following:
1. My name is Patrick B. McAndreW. I am over 18 years of age and have never
been convicted 0f a felony 0r 0f a misdemeanor involving moral turpitude.
2. I am an attorney With Wright Close & Barger, LLP ("WC&B") in Houston,
Texas.
3. WC&B represents Plaintiff in the above entitled and numbered action.
4. I am Plaintiff s lead trial counsel in this action.
5. This case is currently set for trial 0n the Court’s non-jury docket for
November 11, 2019.
6. The current trial setting is the first trial setting in the case and this agreed
motion for continuance is the first motion for continuance filed by any party.
7. The continuance is not sought for delay only but so that justice may be
done.
8. The continuance requested Will not prejudice any party.
9. The Court should grant the relief requested.
My name is Patrick B. McAndrew. My date 0f birth is March 17, 1974 and my
address is One Riverway, Suite 2200, Houston, Texas 77056. I declare under penalty 0f
perjury that the foregoing is true and correct.
Executed 0n this 10th day 0f October 2019, in Houston, Texas.
/s/ Patrick B. McAndrew
Patrick B. McAndrew
EXHIBIT 2
CAUSE NO. DC-18-17503
6534 STUEBNER AIRLINE ROAD,LLC and § IN THE DISTRICT COURT
825 WEST KEARNEY STREET, LLC
Plaintififi,
OF DALLAS COUNTY, TEXAS
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
CONCORD HEALTHCARE GROUP, LLC,
CHG OPERATOR 029, LLC, JOSEF
NEUMAN, and OSCAR ROSENBERG
ST
Defendants. 19 1 JUDICIAL DISTRICT
DECLARATION OF DAVID GRANT CROOKS
STATE OF TEXAS §
§
DALLAS COUNTY §
I, David Grant Crooks, declare the following:
1. My name is David Grant Crooks. I am over 18 years 0f age and have never
been convicted of a felony 0r of a misdemeanor involving moral turpitude.
2. I am an attorney With Fox Rothschild LLP ("FOX Rothschild").
3. Fox Rothschild represents Defendants in the above entitled action.
4. This case is currently set for trial 0n the Court’s non-jury docket for
November 11, 2019.
Agreement of the Parties and Counsel and Additional Time is Needed
5. All counsel and the parties have agreed to reset the trial of this cause due to
that reason and because of a need for additional time to complete discovery, and to prepare
this case in a meaningful way for trial. Moreover, the parties are asking this Court to
consolidate this case with another case currently pending in the 68th Judicial District Court
and are currently conducting settlement negotiations which may ultimately resolve all
issues ahead of final trial but need the time to resolve all issues as the underlying subject
matter and the issues to resolve are complex and require a significant amount of time to
work through and resolve, then reduce to final agreements.
6. The current trial setting is the first trial setting in the case and this agreed
motion for continuance is the first motion for continuance filed by any party.
7. The continuance is by agreement of the parties, pursuant to Texas Rule of
Civil Procedure 251. And, the continuance is not sought for delay only but so that justice
may be done.
8. Therefore, for the reasons set forth in this Declaration, in the Declaration of
Plaintiff’s Counsel of record, Patrick McAndrew, and not only for delay only, but so that
justice may be done, Plaintiff and Defendants asks the Court to grant the requested
continuance of the trial setting in this case and reset the case for trial on the court’s non-
jury docket for the docket the week of August 31, 2020 or the date next available
thereafter for this matter.
10. The continuance requested will not prejudice any party.
1 1. The Court should grant the relief requested pursuant to Texas Rules 0f Civil
Procedure 190.4, 166 and 251.
My name is David Grant Crooks. My date of birth is June 2, 1969. My address is
Two Lincoln Centre, 5420 LBJ Freeway, Suite 1200, Dallas, TX 75240. I declare under
penalty of perjury that the foregoing is true and correct.
Executed 0n this 10th day 0f October 2019, in Dallas, Texas.
/S/David Grant Crooks
David Grant Crooks
EXHIBIT 3
CAUSE NO. DC-18-17503
6534 STUEBNER AIRLINE ROAD,LLC and § IN THE DISTRICT COURT
825 WEST KEARNEY STREET, LLC
Plaintififi,
OF DALLAS COUNTY, TEXAS
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
CONCORD HEALTHCARE GROUP, LLC,
CHG OPERATOR 029, LLC, JOSEF
NEUMAN, and OSCAR ROSENBERG
ST
Defendants. 19 1 JUDICIAL DISTRICT
AGREED DOCKET CONTROL ORDER
AFTER CONSIDERATION of the Joint & Agreed Motion for Continuance Trial
Setting & Entry 0f Docket Control Order filed by the parties, the Court believes that the
following discovery control plan should be entered in this case:
It is ORDERED that the following deadlines Will apply in this case:
I Jury Trial Setting: ....................................................................................... 8/3 1/2020
II Designation 0f all Experts Plaintiff: .................................... 6/1/2020
Defendant: ................................. 7/ 1/2020
III Amending 0r Supplementing Pleadings: Plaintiff: ..................................... 6/8/2020
Defendant: ................................ 6/22/2020
IV Filing Dispositive Motions not later than: .................................................. 7/27/2020
V The parties will mediate not later than: ........................................................ 8/3/2020
VI Completion of Discovery: ......................................................................... 7/27/2020
VII Pre-trial Hearing: .............................................................................. 9AM 8/24/2020
It is FURTHER ORDERED that, with the exception of items outlined in this
ORDER, all discovery in this case will be conducted pursuant to the Texas Rules of Civil
Procedure. The parties may agree to waive or reset any of the above deadlines including
the trial setting providing the parties comply with Tex. R. Civ. P. 11.
SIGNED THIS _______ DAY OF _______________________, 2019.
__________________________________
PRESIDING JUDGE
AGREED AND APPROVED:
By: /s/ McAndrew
Patrick B.
Patrick B. McAndrew
State Bar N0. 24042596
Andrew C. Nelson
State Bar N0. 24074801
WRIGHT CLOSE & BARGER, LLP
One Riverway, Suite 2200
Houston, TX 77056
mcandrew@wrightclosebarger.com
nels0n@wrightclosebarger.com
Telephone: (713) 572-4321
Facsimile: (713) 572-4320
ATTORNEYS FOR PLAINTIFF
By: /S/David G. Crooks
David G. Crooks
State Bar N0. 24028168
Andy Nikolopoulos
State Bar N0. 2404485
FOX ROTHSCHILD, LLP
Two Lincoln Centre
5420 LBJ Freeway, Suite 1200
Dallas, TX 75240
dcrooks@foxrothschild.com
anikolopoulos@foxrothschild.com
Telephone: (972) 991-0889
Facsimile: (972) 404-05 1 6
ATTORNEYS FOR DEFENDANTS
Preview
FILED DALLAS COUNTY 10/10/2019 5:03 PM FELICIA PITRE DISTRICT CLERK Lafonda Sims CAUSE N0. DC-18-17503 6534 STUEBNER AIRLINE ROAD, LLC § IN THE DISTRICT COURT and 825 WEST KEARNEY STREET, LLC § § Plaintiffs, § § § § § 0F DALLAS COUNTY, TEXAS § § § CONCORD HEALTHCARE GROUP, LLC, § CHG OPERATOR 029, LLC, JOSEF § NEUMAN, and OSCAR ROSENBERG § § Defendants. § 19IST JUDICIAL DISTRICT JOINT & AGREED MOTION FOR CONTINUANCE OF TRIAL SETTING & ENTRY OF DOCKET CONTROL ORDER Plaintiff and Defendants file this Joint & Agreed Motion for Continuance 0f Trial Setting & Entry 0f Docket Control Order, through which all parties and counsel have agreed and ask the Court t0 reset the trial of this case from its current setting on November 11, 2019 to the week 0f August 3 1, 2020 0r the date next available thereafter 0n the court’s non-jury trial docket pursuant t0 Texas Rules 0f Civil Procedure 166 and 25 1. The Parties have conferred and attach a proposed Docket Control Order as Exhibit 3. 1. The above-captioned case is currently set for trial on November 11, 2019. The Parties have been diligently conducting discovery and preparing this case for trial, but agree that additional time is needed t0 prepare this case for trial and request the Court reset this case t0 a new trial date in order t0 provide sufficient time to prepare this case for trial, and ensure the parties sufficient time for the orderly preparation of this matter for trial (and pursuant to Tex. R. Civ. P. 166 and 251). 2. The current trial setting is the first trial setting in the case and this agreed motion for continuance is the first motion for continuance filed by any party. 3. The motion is brought jointly and by agreement, pursuant to Texas Rule of Civil Procedure 251. See Exhibit 2. 4. All counsel and the parties have agreed to reset the trial of this cause due to that reason and because of a need for additional time to complete discovery, and to prepare this case in a meaningful way for trial. Moreover, the parties are asking this Court to consolidate this case with another case currently pending in the 68th Judicial District Court and are currently conducting settlement negotiations which may ultimately resolve all issues ahead of final trial but need the time to resolve all issues as the underlying subject matter and the issues to resolve are complex and require a significant amount of time to work through and resolve, then reduce to final agreements. See Exhibit 2. 5. The continuance is not sought for delay only but so that justice may be done. See Exhibits 1 and 2. 6. The continuance requested will not prejudice any party. See Exhibits 1 and 2. 7. Therefore, for the reasons set forth in the Declarations attached as Exhibits 1 and 2, and not only for delay only, but so that justice may be done, Plaintiff and Defendants ask the Court to grant the requested continuance of the trial setting in this case and reset 2 the case for trial for the docket the week 0f April 6, 2020 0r the date next available thereafter on the court’s non-jury docket. 8. The Parties have conferred and attach a proposed Docket Control Order as Exhibit 3 with a trial setting in August 0f 2020. 9. The Court should grant the relief requested pursuant to Texas Rules of Civil Procedure 190.4, 166 and 251. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff and Defendants requests the Court grant this agreed motion for continuance 0f the current trial setting and reset the case for trial at a later date. The parties further pray for such other and further relief, Whether general or specific, either at law 0r in equity, t0 which they may show themselves t0 be justly entitled. Respectfully submitted, /s/ Patrick B. McAndrew Patrick B. McAndrew State Bar N0. 24042596 Andrew C. Nelson State Bar N0. 24074801 WRIGHT CLOSE & BARGER, LLP One Riverway, 2200 Suite Houston, Texas 77056 Telephone: (7 1 3) 572-4321 Facsimile: (713) 572-4320 mcandrew@wrightclosebarger.com nelson@wrightclosebarger.com Attorneys for Plaintifi‘ 8001 Western Hills, LLC /s/David G. Crooks David G. Crooks State Bar N0. 24028168 Andy Nikolopoulos State Bar N0. 2404485 FOX ROTHSCHILD, LLP Two Lincoln Centre 5420 LBJ Freeway, Suite 1200 Dallas, TX 75240 dcrooks@f0xrothschild.com anikolopoulos@foxrothschild.com Telephone: (972) 991-0889 Facsimile: (972) 404-05 1 6 Attorneyfor Defendants Concord Healthcare Group, LLC, Trinity HC Operator, LL C, JosefNeuman, and Oscar Rosenberg CERTIFICATE OF CONFERENCE The undersigned counsel has confirmed agreement with the relief sought in this Motion through communication Plaintiffs’ counsel 0f record. The Plaintiffs and the Defendants are all in agreement With the relief requested and this motion is supported by the declarations of both Plaintiff” s counsel and Defendants’ counsel. /S/ Patrick B. McAndrew Patrick B. McAndrew CERTIFICATE OF SERVICE I hereby certify that on the 10th day of October 2019, a true and correct copy 0f the above and foregoing document was served upon all counsel 0f record Via electronic filing service in compliance with Texas Rule of Civil Procedure 21a. /S/ Patrick B. McAndrew Patrick B. McAndrew EXHIBIT 1 CAUSE NO. DC-18-17503 6534 STUEBNER AIRLINE ROAD,LLC and § IN THE DISTRICT COURT 825 WEST KEARNEY STREET, LLC Plaintififi, OF DALLAS COUNTY, TEXAS OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO CONCORD HEALTHCARE GROUP, LLC, CHG OPERATOR 029, LLC, JOSEF NEUMAN, and OSCAR ROSENBERG ST Defendants. 19 1 JUDICIAL DISTRICT DECLARATION OF PATRICK B. MCANDREW STATE OF TEXAS § HARRIS COUNTY g I, Patrick B. McAndreW, declare the following: 1. My name is Patrick B. McAndreW. I am over 18 years of age and have never been convicted 0f a felony 0r 0f a misdemeanor involving moral turpitude. 2. I am an attorney With Wright Close & Barger, LLP ("WC&B") in Houston, Texas. 3. WC&B represents Plaintiff in the above entitled and numbered action. 4. I am Plaintiff s lead trial counsel in this action. 5. This case is currently set for trial 0n the Court’s non-jury docket for November 11, 2019. 6. The current trial setting is the first trial setting in the case and this agreed motion for continuance is the first motion for continuance filed by any party. 7. The continuance is not sought for delay only but so that justice may be done. 8. The continuance requested Will not prejudice any party. 9. The Court should grant the relief requested. My name is Patrick B. McAndrew. My date 0f birth is March 17, 1974 and my address is One Riverway, Suite 2200, Houston, Texas 77056. I declare under penalty 0f perjury that the foregoing is true and correct. Executed 0n this 10th day 0f October 2019, in Houston, Texas. /s/ Patrick B. McAndrew Patrick B. McAndrew EXHIBIT 2 CAUSE NO. DC-18-17503 6534 STUEBNER AIRLINE ROAD,LLC and § IN THE DISTRICT COURT 825 WEST KEARNEY STREET, LLC Plaintififi, OF DALLAS COUNTY, TEXAS OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO CONCORD HEALTHCARE GROUP, LLC, CHG OPERATOR 029, LLC, JOSEF NEUMAN, and OSCAR ROSENBERG ST Defendants. 19 1 JUDICIAL DISTRICT DECLARATION OF DAVID GRANT CROOKS STATE OF TEXAS § § DALLAS COUNTY § I, David Grant Crooks, declare the following: 1. My name is David Grant Crooks. I am over 18 years 0f age and have never been convicted of a felony 0r of a misdemeanor involving moral turpitude. 2. I am an attorney With Fox Rothschild LLP ("FOX Rothschild"). 3. Fox Rothschild represents Defendants in the above entitled action. 4. This case is currently set for trial 0n the Court’s non-jury docket for November 11, 2019. Agreement of the Parties and Counsel and Additional Time is Needed 5. All counsel and the parties have agreed to reset the trial of this cause due to that reason and because of a need for additional time to complete discovery, and to prepare this case in a meaningful way for trial. Moreover, the parties are asking this Court to consolidate this case with another case currently pending in the 68th Judicial District Court and are currently conducting settlement negotiations which may ultimately resolve all issues ahead of final trial but need the time to resolve all issues as the underlying subject matter and the issues to resolve are complex and require a significant amount of time to work through and resolve, then reduce to final agreements. 6. The current trial setting is the first trial setting in the case and this agreed motion for continuance is the first motion for continuance filed by any party. 7. The continuance is by agreement of the parties, pursuant to Texas Rule of Civil Procedure 251. And, the continuance is not sought for delay only but so that justice may be done. 8. Therefore, for the reasons set forth in this Declaration, in the Declaration of Plaintiff’s Counsel of record, Patrick McAndrew, and not only for delay only, but so that justice may be done, Plaintiff and Defendants asks the Court to grant the requested continuance of the trial setting in this case and reset the case for trial on the court’s non- jury docket for the docket the week of August 31, 2020 or the date next available thereafter for this matter. 10. The continuance requested will not prejudice any party. 1 1. The Court should grant the relief requested pursuant to Texas Rules 0f Civil Procedure 190.4, 166 and 251. My name is David Grant Crooks. My date of birth is June 2, 1969. My address is Two Lincoln Centre, 5420 LBJ Freeway, Suite 1200, Dallas, TX 75240. I declare under penalty of perjury that the foregoing is true and correct. Executed 0n this 10th day 0f October 2019, in Dallas, Texas. /S/David Grant Crooks David Grant Crooks EXHIBIT 3 CAUSE NO. DC-18-17503 6534 STUEBNER AIRLINE ROAD,LLC and § IN THE DISTRICT COURT 825 WEST KEARNEY STREET, LLC Plaintififi, OF DALLAS COUNTY, TEXAS OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO CONCORD HEALTHCARE GROUP, LLC, CHG OPERATOR 029, LLC, JOSEF NEUMAN, and OSCAR ROSENBERG ST Defendants. 19 1 JUDICIAL DISTRICT AGREED DOCKET CONTROL ORDER AFTER CONSIDERATION of the Joint & Agreed Motion for Continuance Trial Setting & Entry 0f Docket Control Order filed by the parties, the Court believes that the following discovery control plan should be entered in this case: It is ORDERED that the following deadlines Will apply in this case: I Jury Trial Setting: ....................................................................................... 8/3 1/2020 II Designation 0f all Experts Plaintiff: .................................... 6/1/2020 Defendant: ................................. 7/ 1/2020 III Amending 0r Supplementing Pleadings: Plaintiff: ..................................... 6/8/2020 Defendant: ................................ 6/22/2020 IV Filing Dispositive Motions not later than: .................................................. 7/27/2020 V The parties will mediate not later than: ........................................................ 8/3/2020 VI Completion of Discovery: ......................................................................... 7/27/2020 VII Pre-trial Hearing: .............................................................................. 9AM 8/24/2020 It is FURTHER ORDERED that, with the exception of items outlined in this ORDER, all discovery in this case will be conducted pursuant to the Texas Rules of Civil Procedure. The parties may agree to waive or reset any of the above deadlines including the trial setting providing the parties comply with Tex. R. Civ. P. 11. SIGNED THIS _______ DAY OF _______________________, 2019. __________________________________ PRESIDING JUDGE AGREED AND APPROVED: By: /s/ McAndrew Patrick B. Patrick B. McAndrew State Bar N0. 24042596 Andrew C. Nelson State Bar N0. 24074801 WRIGHT CLOSE & BARGER, LLP One Riverway, Suite 2200 Houston, TX 77056 mcandrew@wrightclosebarger.com nels0n@wrightclosebarger.com Telephone: (713) 572-4321 Facsimile: (713) 572-4320 ATTORNEYS FOR PLAINTIFF By: /S/David G. Crooks David G. Crooks State Bar N0. 24028168 Andy Nikolopoulos State Bar N0. 2404485 FOX ROTHSCHILD, LLP Two Lincoln Centre 5420 LBJ Freeway, Suite 1200 Dallas, TX 75240 dcrooks@foxrothschild.com anikolopoulos@foxrothschild.com Telephone: (972) 991-0889 Facsimile: (972) 404-05 1 6 ATTORNEYS FOR DEFENDANTS