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