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  • MILTON 635 GRAVOIS ROAD LLC, et al  vs.  TRT HOLDINGS, INC., et alCNTR CNSMR COM DEBT document preview
  • MILTON 635 GRAVOIS ROAD LLC, et al  vs.  TRT HOLDINGS, INC., et alCNTR CNSMR COM DEBT document preview
  • MILTON 635 GRAVOIS ROAD LLC, et al  vs.  TRT HOLDINGS, INC., et alCNTR CNSMR COM DEBT document preview
  • MILTON 635 GRAVOIS ROAD LLC, et al  vs.  TRT HOLDINGS, INC., et alCNTR CNSMR COM DEBT document preview
  • MILTON 635 GRAVOIS ROAD LLC, et al  vs.  TRT HOLDINGS, INC., et alCNTR CNSMR COM DEBT document preview
  • MILTON 635 GRAVOIS ROAD LLC, et al  vs.  TRT HOLDINGS, INC., et alCNTR CNSMR COM DEBT document preview
  • MILTON 635 GRAVOIS ROAD LLC, et al  vs.  TRT HOLDINGS, INC., et alCNTR CNSMR COM DEBT document preview
  • MILTON 635 GRAVOIS ROAD LLC, et al  vs.  TRT HOLDINGS, INC., et alCNTR CNSMR COM DEBT document preview
						
                                

Preview

FILED 9/21/2023 2:21 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Terri Kilgore DEPUTY CAUSE N0. DC-21-11406 MILTON 635 GRAVOIS ROAD LLC, IN THE DISTRICT COURT §§§§§§§§§§§§§ 635 GRAVOIS ROAD LEASING LLC, and 635 GRAVOIS ROAD REAL ESTATE, LLC, Plaintiffs, v. 44TH JUDICIAL DISTRICT TRT HOLDINGS, INC., RBR REAL ESTATE HOLDINGS, LLC, BRIAN ZELMAN, and ADAM ZEITSIFF, DALLAS COUNTY, TEXAS Defendants. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION OF NON-PARTY INB, NATIONAL ASSOCIATION AND SUBPOENA DUCES TECUM PLEASE TAKE NOTICE that pursuant to Texas Rules of Civil Procedure 176, 199, and 205, and Illinois Statute, 735 Ill. Comp. Stat. 35/3, 10 days after serving this notice, Defendants TRT Holdings, Inc., RBR Real Estate Holdings, LLC, Brian Zelman, and Adam Zeitsiff (collectively, “Defendants”) intend to serve the attached subpoena, which will be issued by the clerk of court for Sangamon County, compelling the oral deposition of nonparty INB, National Association, formerly Illinois National Bank, Inc. (“INB”), and the production of documents responsive to the requests in Exhibit B to the attached subpoena, which the witness is instructed to bring to the deposition. The oral deposition of [NB will take place on October 3, 2023 at 1:00 p.m. CST, or some other agreed-upon date and time, via Zoom or another similar platform. Pursuant to Rule 199.2(b)(1) of the Texas Rules of Civil Procedure, Exhibit A refers to matters upon which testimony is sought; you are to designate a corporate representative with sufficient knowledge and information as to give testimony on the matters outlined in Exhibit A. Said deposition will take NOTICE 0F INTENTION T0 TAKE ORAL DEPOSITION 0F NON-PARTY INB, NATIONAL ASSOCIATION AND SUBPOENA DUCES TECUM 1 place before a celtified court reporter or any other officer authorized to administer oaths by the laws of the State of Texas, and the deposition may be videotaped. The oral examination will continue from day to day until completed. This deposition is being taken for purposes of discovery, for use at trial, or for such other purposes as are permitted under the applicable statues or rules of the Court. Date: September 21, 2023 Respectfully submitted, /s/Xakema Henderson Elliot Strader Texas Bar No. 24063966 elliot.strader@akerman.com Xakema Henderson Texas Bar No. 24107805 xakema.henderson@akerman.com AKERMAN LLP 2001 Ross Avenue, Suite 3600 Dallas, Texas 75201 Tel: 214-720-43 80 Fax: 214-981-9339 Counsel for Defendant Allied World National Assurance Company CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served to all counsel of record and on the following in accordance with the Texas Rules of Civil Procedure: INB, National Association (f/k/a 11inois National Bank, Incorporated) c/o Brett M. Tiemann Joshua Ishmael 322 East Capitol Avenue Springfield, Illinois 62701 /s/Xakema Henderson NOTICE 0F INTENTION T0 TAKE ORAL DEPOSITION 0F NON-PARTY INB, NATIONAL ASSOCIATION AND SUBPOENA DUCES TECUM CAUSE NO. 153-332771-22 DALLAS-FORT WORTH IN THE DISTRICT COURT §§§§§§§§§§§§§ INTERNATIONAL AIRPORT BOARD, Plaintiff, V. 22ND JUDICIAL DISTRICT ALLIED WORLD NATIONAL ASSURANCE COMPANY and ENIR ELEVATOR, INC., Defendants. TARRANT COUNTY, TEXAS SUBPOENA DUCES TECUM TO ILLINOIS NATIONAL BANK, INC. REQUIRING APPEARANCE AT DEPOSITION AND PRODUCTION OF DOCUMENTS THIS SUBPOENA IS ISSUED IN THE NAME OF THE STATE OF TEXAS. TO ANY SHERIFF OR ANY CONSTABLE OF THE STATE OF TEXAS, OR ANY OTHER PERSON AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED BY RULE 176 OF THE TEXAS RULES OF CIVIL PROCEDURE, GREETINGS: YOU ARE HEREBY COMMANDED TO SUMlVION: INB, National Association c/o Brett M. Tiemann Joshua Ishmael 322 East Capitol Avenue Springfield, Illinois 62701 to appear via Zoom, or another similar platform, October 3, 2023 at 1 p.m. CST to give testimony in the above-entitled and numbered cause at a deposition on the topics identified in EXHIBIT A and remain in attendance from day to day until lawfully discharged and have with it at the time and place the following: SEE ATTACHED EXHIBIT B. Pursuant to Rule 176.8 of the Texas Rules of Civil Procedure: FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A SUBPOENA SERVED UPON THAT PERSON MAY BE DEEMED A CONTEMPT OF THE COURT FROM WHICH THE SUBPOENA IS ISSUED OR A DISTRICT COURT IN THE COUNTY IN WHICH THE SUBPOENA IS SERVED, AND MAY BE PUNISHED BY FINE OR CONFINEMENT, OR BOTH. SUBPOENA DUCES TECUM 1 This Subpoena is being issued at the insistence of Defendant Allied World National Assurance Company, in the civil action, Cause No. 153-332771-22, presently in the 22nd Judicial District Court of Tarrant County, Texas. Defendant will pay the reasonable costs of complying with this subpoena. The deponent may contact counsel to arrange another date, time, and location for the deposition. ISSUED: September 21, 2023 By: /s/Xakema Henderson Elliot Strader Texas Bar No. 24063966 elliot.strader@akerman.com Xakema Henderson Texas Bar No. 24107805 xakema.henderson@akerman.com AKERMAN LLP 2001 Ross Avenue, Suite 3600 Dallas, Texas 75201 Tel: 214-720-43 80 Fax: 214-981-9339 Counsel for Defendants SUBPOENA DUCES TECUM EXHIBIT A DEFINITIONS Unless specifically indicated, or otherwise required by the context in which the terms, names, and instructions are used, the following definitions shall be applicable the purposes of this discovery request only: 1. “INB,” “you,” and “your” refer to INB, National Association, formerly known as Illinois National Bank, and its affiliates, parents; subsidiaries; predecessors, including Illinois National Bank, Inc.; representatives; employees; attorneys; agents; or anyone purporting to act on behalf of the foregoing, including but not limited to Joe Fendi, Joshua Ishmael, and Brenna Rockwell. 2. “Buyer” refers to Milton 7650 FM 78 LLC, Milton 635 Gravois Road LLC, 635 Gravois Road Leasing LLC, and 635 Gravois Road Real Estate, LLC, Leeton Real Estate Inc., and its representatives, employees, attorneys, agents, or anyone purporting to act on behalf of the foregoing, including but not limited to Michael Shabsels, Mark Graham, and Mark Cohen. 3. “Transaction” refers to Buyer’s purchase of a real estate development located at 635 Gravois Road in Fenton, Missouri and includes the Subordination, Non-Disturbance and Attornment Agreement between 635 Gravois Road Leasing LLC as landlord, Gold’s St. Louis LLC as tenant, and INB as lender. 4. “Premises” refers to the real property located at 635 Gravois Road in Fenton, Missouri. 5. “Loan” refers to the Promissory Note INB issued to Borrowers 635 Gravois Road Leasing LLC and 635 Gravois Road Real Estate LLC on November 25, 2019 with loan number ending in -60000. 6. “And” as well as “or” shall be construed disjunctively and conjunctively. 7. The singular form of any noun or pronoun as used herein shall include with its meaning the plural form of such noun or pronoun and vice versa. Similarly, the use of any masculine form of a pronoun shall also include within its meaning the feminine of such pronoun and vice versa. Additionally, the verb tenses as used herein for any verb shall also include within its meaning all other tenses of the verb as used. 8. “Documents” shall mean, without limiting the generality of this meaning, any writings, papers or tangible things in the possession, custody, or control of the Deponent, including, letters, e-mails, computer files, handwritten notes, calendars, appointment books, note pads, notebooks, correspondence of any kind, postcards, memoranda, annual or other reports, financial statements, books, records, ledgers, journals, minutes of all meetings, contracts, agreements, drafts of contracts or agreements, appraisals, analyses, charts, graphs, data sheets, data tapes, computer disks, computer hard drives or readable computer produced interpretations thereof, tapes, recordings, photographs, drawings, illustrations, and plans wherever located, SUBPOENA DUCES TECUM 3 whether original or duplicate, and all compilations of the foregoing including binders, notebooks, folders and files. All categories of documents described above shall include with respect thereto all communications, whether or not expressly stated. If a document has been prepared in several copies, or additional copies have been made and the copies are not identical (or by reason of subsequent modifications of the copy by addition or notations, or other modifications, are no longer identical), each non-identical copy shall be deemed to be a separate document for purposes of these discovery request. 9. “Communications” means any electronic, oral, magnetic, or written transmittal or transfer of data, facts, ideas, information, inquiries, or thought. Communications shall include any transmittal or exchange of information between or among two or more persons, whether orally or in writing, including without limitation any conversation by means of text message, letter, note, email, any form of social media, memorandum, telephone, or some other electronic or other medium. 10. The words “concerning,” “concerns,” or “related to” means referring to, responding to, relating to, pertaining to, connected with, comprising, memorializing, commenting on, regarding, discussing, showing, describing, reflecting, analyzing and constituting. 11. “Person” or “persons” refers to any natural person, individual, partnership, association, corporation, joint venture, firm, proprietorship, agency, board, authority, commission, or other legal or business entity. SUBPOENA DUCES TECUM 4 EXHIBIT A Topics of Deposition 1. The documents and communications exchanged between INB and Buyer, including Michael Shabsels, Mark Graham, or Mark Cohen, regarding the premises and financing for the purchase of the premises. 2. The documents and communications Buyer provided to INB in seeking and ultimately obtaining approval of the loan, including Buyer’s loan application. 3. INB’s basis(es) for approving Buyer’s loan for the premises, including the documents and communications INB relied on to approve the buyer’s loan such as appraisals, market reports, or property evaluations. 4. The documents Buyer provided to INB related to or in support of any loan documents, loan applications, or other qualifying applications concerning the transaction. 5. lNB’s understanding of the value of the premises in 2019 at the time of Buyer’s loan, including all appraisals, valuations, or similar estimates or evaluations. SUBPOENA DUCES TECUM 5 EXHIBIT B Documents to be Produced 1. A11 documents and communications with Buyer not previously produced to Defendants. 2. A11 documents and communications stating or evidencing INB’S basis(es) for approving Buyer’s loan. 3. A11 documents and communications with any persons other than Buyer regarding the premises or the Buyer’s loan. SUBPOENA DUCES TECUM 6 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. Xakema Henderson Bar No. 24107805 xakema.henderson@akerman.com Envelope ID: 79810292 Filing Code Description: Discovery Filing Description: NOTICE OF INTENT TO TAKE DEPOSITION Status as of 9/21/2023 5:42 PM CST Associated Case Party: MILTON 635 GRAVOIS ROAD LLC Name BarNumber Email TimestampSubmitted Status Robert LeMay rlemay@krcl.com 9/21/2023 2:21 :58 PM SENT Jaime DeWees jdewees@krcl.com 9/21/2023 2:21:58 PM SENT Collin Delano cdelano@krcl.com 9/21/2023 2:21:58 PM SENT Associated Case Party: TRT HOLDINGS, INC. Name BarNumber Email TimestampSubmitted Status Elliot Strader elliot.strader@akerman.com 9/21/2023 2:21 :58 PM SENT Xakema Henderson xakema.henderson@akerman.com 9/21/2023 2:21:58 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Teresa Rowe trowe@krcl.com 9/21/2023 2:21 :58 PM SENT Connie Nims cnims@krc|.com 9/21/2023 2:21:58 PM SENT Bree Kimball BKimball@krcl.com 9/21/2023 2:21:58 PM SENT