On July 21, 2021 a
Request,Application
was filed
involving a dispute between
Tts, Llc,
and
Emerge Tech Llc,
Hatton, Thomas, Jr,
Positive Transportation Llc,
Whaley, Thomas,
for OTHER (CIVIL)
in the District Court of Dallas County.
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FILED
DALLAS CO., TEXAS
Rgggomsims DEPUTY
M U NSCH 500 N. Akard Street, Suite 3800
Dallas, Texas 75201-6659
H A R DT Main 214.855.7500
Fax 214.855.7584
DALLAS / HOUSTON / AUSTIN munsch.com
Direct Dial 214.855.7579
sgibson@munsch.com
September 22, 2021
Via E-File and Email: david. langford@dallascounty. org
David Langford, Court Reporter
44th District Court
George L. Allen Sr. Courts Bldg.
600 Commerce St.
Dallas, TX 75202
Re: Request for Supplemental Reporter’s Record in TTS, LLC v. Positive Transportation LLC,
Thomas Whaley, and Thomas Hatton, Jr.; Case No. DC-21-09409; in the 44th Judicial
District in and for Dallas County, Texas
Dear Mr. Langford:
Thank you for your prompt preparation and filing with the Court of Appeals of the Reporter’s
Record in the above referenced matter as requested in my letter of August 24. As you know, Defendants
are appealing the temporary injunction entered against them. The matter is currently pending before the
Court of Appeals for the Fifth District of Texas at Dallas as Positive Transportation, LLC, Thomas
Whaley and Thomas Hatton, Jr. v. TTS, LLC; Case No. 05-21-00729-CV in the Court of Appeals for the
Fifth District of Texas at Dallas. This is written to request the preparation of a supplemental Reporter’s
Record of the proceedings before the court in Request for Supplemental Reporter’s Record in TTS, LLC
v. Positive Transportation LLC, Thomas Whaley, and Thomas Hatton, Jr.; Case No. DC-21-09409 since
the conclusion of the August 2O temporary injunction hearing.
These include the hearing conducted September 8, 2021, on the motion to seal the record under
Texas Rule of Civil Procedure 76a and the hearing conducted Friday, September 17 on Defendants’
Motion to Dissolve or Modify the Temporary injunction or Alternately for a New Trial, Motion to Clarify
Oder Granting Temporary Injunction, and Defendants’ Motion to Modify the Amount of the Temporary
Injunction Bond. This is written to request the preparation of a Supplemental Reporter’s Record including
the following:
1. All arguments of counsel and any testimony presented at the hearing on the motion to seal
conducted on or about September 8, 2021; and
2. All arguments of counsel and any testimony presented at the hearing on the motions heard
at the hearing conducted on September 17, 2021.
This request includes all discussions during these hearings between the Court and the attorneys,
including any and all bench conferences or in camera discussions and any court reporter’s log of all the
recorded proceedings.
4819-2574-4380v.1
September 22, 2021
Page 2
Defendants intend for this letter and its previous designation of materials to be included in the
Reporter’s Record to request the complete record of the proceedings to date in the above-referenced
matter concerning the temporary injunction.
Defendants stand ready to pay you in advance for the preparation of the Supplemental Reporter’s
Record. Please let me know at your earliest convenience your charge for the services requested so
Defendants can remit payment or make necessary deposit or payment arrangements as soon as possible.
If you have any questions or concerns about this request, please do not hesitate to let me know.
You may reach me at (214) 85 5-75 79 or via email at sgibson@munsch.com.
Very Truly Yours,
MUNSCH HARDT KOPF & HARR, P.C.
By: )Jé’éwfi
Stephen
J SG:end
Gibso
cc: Stephen E. Fox (Via E-File)
Jonathan Clark
Dan Syed
David V. Marchand (Via E-File)
Lisa Matz, Clerk of the (Via E-Mail
Court of Appeals for the theclerk@5th.txcourts.gov)
Fifth District of Texas at
Dallas
4819-2574-4380v.l
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.
Elizabeth Duenas on behalf of Stephen Gibson
Bar No. 7866000
eduenas@munsch.com
Envelope ID: 57491099
Status as of 9/23/2021 10:25 AM CST
Associated Case Party: POSITIVE TRANSPORTATION LLC
Name BarNumber Email TimestampSubmitted Status
Stephen Gibson sgibson@munsch.com 9/22/2021 11:30:50 AM SENT
Nolan Knight NKnight@munsch.com 9/22/2021 11:30:50 AM SENT
Angela Berry aberry@munsch.com 9/22/2021 11:30:50 AM SENT
Elizabeth Duenas eduenas@munsch.com 9/22/2021 11:30:50 AM SENT
David V.Marchand dave@mriaw.com 9/22/2021 11:30:50 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jonathan Clark jclark@sheppardmullin.com 9/22/2021 11:30:50 AM SENT
Dolores Puente dpuente@sheppardmullin.com 9/22/2021 11:30:50 AM SENT
Dan Syed dsyed@sheppardmullin.com 9/22/2021 11:30:50 AM SENT
Associated Case Party: TTS, LLC
Name BarNumber Email TimestampSubmitted Status
Stephen E.Fox sfox@sheppardmullin.com 9/22/2021 11:30:50 AM SENT
Document Filed Date
September 22, 2021
Case Filing Date
July 21, 2021
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FILED DALLAS CO., TEXAS Rgggomsims DEPUTY M U NSCH 500 N. Akard Street, Suite 3800 Dallas, Texas 75201-6659 H A R DT Main 214.855.7500 Fax 214.855.7584 DALLAS / HOUSTON / AUSTIN munsch.com Direct Dial 214.855.7579 sgibson@munsch.com September 22, 2021 Via E-File and Email: david. langford@dallascounty. org David Langford, Court Reporter 44th District Court George L. Allen Sr. Courts Bldg. 600 Commerce St. Dallas, TX 75202 Re: Request for Supplemental Reporter’s Record in TTS, LLC v. Positive Transportation LLC, Thomas Whaley, and Thomas Hatton, Jr.; Case No. DC-21-09409; in the 44th Judicial District in and for Dallas County, Texas Dear Mr. Langford: Thank you for your prompt preparation and filing with the Court of Appeals of the Reporter’s Record in the above referenced matter as requested in my letter of August 24. As you know, Defendants are appealing the temporary injunction entered against them. The matter is currently pending before the Court of Appeals for the Fifth District of Texas at Dallas as Positive Transportation, LLC, Thomas Whaley and Thomas Hatton, Jr. v. TTS, LLC; Case No. 05-21-00729-CV in the Court of Appeals for the Fifth District of Texas at Dallas. This is written to request the preparation of a supplemental Reporter’s Record of the proceedings before the court in Request for Supplemental Reporter’s Record in TTS, LLC v. Positive Transportation LLC, Thomas Whaley, and Thomas Hatton, Jr.; Case No. DC-21-09409 since the conclusion of the August 2O temporary injunction hearing. These include the hearing conducted September 8, 2021, on the motion to seal the record under Texas Rule of Civil Procedure 76a and the hearing conducted Friday, September 17 on Defendants’ Motion to Dissolve or Modify the Temporary injunction or Alternately for a New Trial, Motion to Clarify Oder Granting Temporary Injunction, and Defendants’ Motion to Modify the Amount of the Temporary Injunction Bond. This is written to request the preparation of a Supplemental Reporter’s Record including the following: 1. All arguments of counsel and any testimony presented at the hearing on the motion to seal conducted on or about September 8, 2021; and 2. All arguments of counsel and any testimony presented at the hearing on the motions heard at the hearing conducted on September 17, 2021. This request includes all discussions during these hearings between the Court and the attorneys, including any and all bench conferences or in camera discussions and any court reporter’s log of all the recorded proceedings. 4819-2574-4380v.1 September 22, 2021 Page 2 Defendants intend for this letter and its previous designation of materials to be included in the Reporter’s Record to request the complete record of the proceedings to date in the above-referenced matter concerning the temporary injunction. Defendants stand ready to pay you in advance for the preparation of the Supplemental Reporter’s Record. Please let me know at your earliest convenience your charge for the services requested so Defendants can remit payment or make necessary deposit or payment arrangements as soon as possible. If you have any questions or concerns about this request, please do not hesitate to let me know. You may reach me at (214) 85 5-75 79 or via email at sgibson@munsch.com. Very Truly Yours, MUNSCH HARDT KOPF & HARR, P.C. By: )Jé’éwfi Stephen J SG:end Gibso cc: Stephen E. Fox (Via E-File) Jonathan Clark Dan Syed David V. Marchand (Via E-File) Lisa Matz, Clerk of the (Via E-Mail Court of Appeals for the theclerk@5th.txcourts.gov) Fifth District of Texas at Dallas 4819-2574-4380v.l 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. Elizabeth Duenas on behalf of Stephen Gibson Bar No. 7866000 eduenas@munsch.com Envelope ID: 57491099 Status as of 9/23/2021 10:25 AM CST Associated Case Party: POSITIVE TRANSPORTATION LLC Name BarNumber Email TimestampSubmitted Status Stephen Gibson sgibson@munsch.com 9/22/2021 11:30:50 AM SENT Nolan Knight NKnight@munsch.com 9/22/2021 11:30:50 AM SENT Angela Berry aberry@munsch.com 9/22/2021 11:30:50 AM SENT Elizabeth Duenas eduenas@munsch.com 9/22/2021 11:30:50 AM SENT David V.Marchand dave@mriaw.com 9/22/2021 11:30:50 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Jonathan Clark jclark@sheppardmullin.com 9/22/2021 11:30:50 AM SENT Dolores Puente dpuente@sheppardmullin.com 9/22/2021 11:30:50 AM SENT Dan Syed dsyed@sheppardmullin.com 9/22/2021 11:30:50 AM SENT Associated Case Party: TTS, LLC Name BarNumber Email TimestampSubmitted Status Stephen E.Fox sfox@sheppardmullin.com 9/22/2021 11:30:50 AM SENT