On August 24, 2021 a
Party Discovery
was filed
involving a dispute between
635 Gravois Road Leasing Llc,
635 Gravois Road Real Estate Llc,
Milton 635 Gravois Road Llc,
and
Rbr Real Estate Holdings, Llc,
Trt Holdings, Inc.,
Zeitsiff, Adam,
Zelman, Brian,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
FILED
10/25/2023 7:58 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Brandon Keys DEPUTY
CAUSE NO. DC-21-11406
MILTON 635 GRAVOIS ROAD LLC, THE DISTRICT COURT
§§§§§§§§§§§§§§
IN
635 GRAVOIS ROAD LEASING LLC,
and 635 GRAVOIS ROAD REAL
ESTATE LLC,
Plaintiffs,
vs. 44TH JUDICIAL DISTRICT
TRT HOLDINGS, |NC.,
RBR REAL ESTATE HOLDINGS, LLC,
BRIAN ZELMAN, and ADAM ZEITSIFF,
Defendants. DALLAS COUNTY, TEXAS
PLAINTIFFS’ OBJECTION TO
DEFENDANTS’ DESIGNATION OF DEPOSITION TESTIMONY
Plaintiffs Milton 635 Gravois Road LLC, 635 Gravois Road Leasing LLC, and
635 Gravois Road Real Estate LLC (together, “Plaintiffs”) serve their objections to
Defendants’ Designation of Deposition Testimony, and states the following.
Plaintiffs object to the following page and lines of Mark Cohen’s (“Cohen’s”)
testimony of his deposition taken June 15, 2023:
P_age 31, line 17 throuqh page 32, line 3 I31:17-32:03l
[STRADER] What is the intent of putting something like that in an amended
agreement?
[LEMAY] Objection to form.
[COHEN] Answer?
[LEMAY] Yes. Ijust made an objection.
[COHEN] Okay.
Basically to say that if this died, it’s resurrected. So whatever is contained in this
agreement still is operative except as amended by this document.
PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ PAGE 1
DESIGNATION OF DEPOSITION TESTIMONY 10433403 (72208.00006.000)
OBJ ECTION: Plaintiffs object on the grounds that this question calls for an improper legal
conclusion or opinion. TRE 401, 602, and 701.
Paqe 48, line 21 throuqh paqe 49, line 9 [48:21-49:09]
[STRADER] What is the intent behind, from your standpoint, for a seller wanting
the provision like paragraph 20.6?
[LEMAY] Objection to form.
[COHEN] should answer?
|
[LEMAY] Sure. If you — if you understand the question.
[COHEN] The intent of the seller? never represented the seller on — on one of
l
these. So can only speculate. But it basically says that whatever was discussed,
|
okay, put that aside. We’re just going to deal with what’s in the four corners of this
— of this document.
OBJECTION: Plaintiffs object on multiple grounds. First, this question calls for an
improper legal conclusion or opinion. Second, the question calls for speculation.
TRE 401, 602, and 701.
Page 49, line 10 through paCIe 49, line 17 [49:10-49:17]
[STRADER] And in this transaction, that wasn’t a — an objectionable or problematic
term; is that fair?
[LEMAY] Objection to form.
[COHEN] l wasn’t — l was basically told not to — in general, include this transaction.
|was told not to negotiate boilerplate cause — clauses.
OBJECTION: Plaintiffs object on multiple grounds. First, this question calls for an
improper legal conclusion or opinion. Second, the question calls for speculation.
TRE 401, 602, and 701.
PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ PAGE 2
DESIGNATION OF DEPOSITION TESTIMONY 10433403 (72208.00006.000)
Respectfully submitted,
KANE RUSSELL COLEMAN LOGAN PC
By: /s/ Robert N. LeMav
Robert N. LeMay
State Bar No. 12188750
Jaime M. DeWees
State Bar No. 24097593
Collin Delano
State Bar No. 24109801
901 Main Street, Suite 5200
Dallas, Texas 75202
Telephone (214) 777-4200
Facsimile (214) 777-4299
rlema krcl.com
idewees@krcl.com
cdelano@krcl.c0m
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
lhereby certify that a true and correct copy of the above and foregoing document
was served on all known counsel of record in this cause in accordance with the Texas
Rules of Civil Procedure on October 25, 2023, as follows:
VIA EFile
Elliot Strader
Xakema Henderson
AKERMAN LLP
2001 Ross Avenue, Suite 3600
Dallas, Texas 75201
elliot.strader@akerman.com
xakema.henderson@akerman.com
ATTORNEYS FOR DEFENDANTS
/s/ Robert N. LeMay
Robert N. LeMay
PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ PAGE 3
DESIGNATION OF DEPOSITION TESTIMONY 10433403 (72208.00006.000)
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.
Connie Nims on behalf of Robert LeMay
Bar No. 12188750
cnims@krcl.com
Envelope ID: 80983381
Filing Code Description: Objection
Filing Description: TO DEFENDANTS‘ DESGINATION OF DEPOSITION
TESTIMONY
Status as of 10/30/2023 11:19 AM CST
Associated Case Party: MILTON 635 GRAVOIS ROAD LLC
Name BarNumber Email TimestampSubmitted Status
Robert LeMay rlemay@krcl.com 10/25/2023 7:58:39 PM SENT
Jaime DeWees jdewees@krcl.com 10/25/2023 7:58:39 PM SENT
Collin Delano cdelano@krcl.com 10/25/2023 7:58:39 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Teresa Rowe trowe@krcl.com 10/25/2023 7:58:39 PM SENT
Connie Nims cnims@krcl.com 10/25/2023 7:58:39 PM SENT
Bree Kimball BKimball@krcl.com 10/25/2023 7:58:39 PM SENT
Associated Case Party: TRT HOLDINGS, INC.
Name BarNumber Email TimestampSubmitted Status
Elliot Strader elliot.strader@akerman.com 10/25/2023 7:58:39 PM SENT
Xakema Henderson xakema.henderson@akerman.com 10/25/2023 7:58:39 PM SENT
Preview
FILED 10/25/2023 7:58 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Brandon Keys DEPUTY CAUSE NO. DC-21-11406 MILTON 635 GRAVOIS ROAD LLC, THE DISTRICT COURT §§§§§§§§§§§§§§ IN 635 GRAVOIS ROAD LEASING LLC, and 635 GRAVOIS ROAD REAL ESTATE LLC, Plaintiffs, vs. 44TH JUDICIAL DISTRICT TRT HOLDINGS, |NC., RBR REAL ESTATE HOLDINGS, LLC, BRIAN ZELMAN, and ADAM ZEITSIFF, Defendants. DALLAS COUNTY, TEXAS PLAINTIFFS’ OBJECTION TO DEFENDANTS’ DESIGNATION OF DEPOSITION TESTIMONY Plaintiffs Milton 635 Gravois Road LLC, 635 Gravois Road Leasing LLC, and 635 Gravois Road Real Estate LLC (together, “Plaintiffs”) serve their objections to Defendants’ Designation of Deposition Testimony, and states the following. Plaintiffs object to the following page and lines of Mark Cohen’s (“Cohen’s”) testimony of his deposition taken June 15, 2023: P_age 31, line 17 throuqh page 32, line 3 I31:17-32:03l [STRADER] What is the intent of putting something like that in an amended agreement? [LEMAY] Objection to form. [COHEN] Answer? [LEMAY] Yes. Ijust made an objection. [COHEN] Okay. Basically to say that if this died, it’s resurrected. So whatever is contained in this agreement still is operative except as amended by this document. PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ PAGE 1 DESIGNATION OF DEPOSITION TESTIMONY 10433403 (72208.00006.000) OBJ ECTION: Plaintiffs object on the grounds that this question calls for an improper legal conclusion or opinion. TRE 401, 602, and 701. Paqe 48, line 21 throuqh paqe 49, line 9 [48:21-49:09] [STRADER] What is the intent behind, from your standpoint, for a seller wanting the provision like paragraph 20.6? [LEMAY] Objection to form. [COHEN] should answer? | [LEMAY] Sure. If you — if you understand the question. [COHEN] The intent of the seller? never represented the seller on — on one of l these. So can only speculate. But it basically says that whatever was discussed, | okay, put that aside. We’re just going to deal with what’s in the four corners of this — of this document. OBJECTION: Plaintiffs object on multiple grounds. First, this question calls for an improper legal conclusion or opinion. Second, the question calls for speculation. TRE 401, 602, and 701. Page 49, line 10 through paCIe 49, line 17 [49:10-49:17] [STRADER] And in this transaction, that wasn’t a — an objectionable or problematic term; is that fair? [LEMAY] Objection to form. [COHEN] l wasn’t — l was basically told not to — in general, include this transaction. |was told not to negotiate boilerplate cause — clauses. OBJECTION: Plaintiffs object on multiple grounds. First, this question calls for an improper legal conclusion or opinion. Second, the question calls for speculation. TRE 401, 602, and 701. PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ PAGE 2 DESIGNATION OF DEPOSITION TESTIMONY 10433403 (72208.00006.000) Respectfully submitted, KANE RUSSELL COLEMAN LOGAN PC By: /s/ Robert N. LeMav Robert N. LeMay State Bar No. 12188750 Jaime M. DeWees State Bar No. 24097593 Collin Delano State Bar No. 24109801 901 Main Street, Suite 5200 Dallas, Texas 75202 Telephone (214) 777-4200 Facsimile (214) 777-4299 rlema krcl.com idewees@krcl.com cdelano@krcl.c0m ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE lhereby certify that a true and correct copy of the above and foregoing document was served on all known counsel of record in this cause in accordance with the Texas Rules of Civil Procedure on October 25, 2023, as follows: VIA EFile Elliot Strader Xakema Henderson AKERMAN LLP 2001 Ross Avenue, Suite 3600 Dallas, Texas 75201 elliot.strader@akerman.com xakema.henderson@akerman.com ATTORNEYS FOR DEFENDANTS /s/ Robert N. LeMay Robert N. LeMay PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ PAGE 3 DESIGNATION OF DEPOSITION TESTIMONY 10433403 (72208.00006.000) 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. Connie Nims on behalf of Robert LeMay Bar No. 12188750 cnims@krcl.com Envelope ID: 80983381 Filing Code Description: Objection Filing Description: TO DEFENDANTS‘ DESGINATION OF DEPOSITION TESTIMONY Status as of 10/30/2023 11:19 AM CST Associated Case Party: MILTON 635 GRAVOIS ROAD LLC Name BarNumber Email TimestampSubmitted Status Robert LeMay rlemay@krcl.com 10/25/2023 7:58:39 PM SENT Jaime DeWees jdewees@krcl.com 10/25/2023 7:58:39 PM SENT Collin Delano cdelano@krcl.com 10/25/2023 7:58:39 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Teresa Rowe trowe@krcl.com 10/25/2023 7:58:39 PM SENT Connie Nims cnims@krcl.com 10/25/2023 7:58:39 PM SENT Bree Kimball BKimball@krcl.com 10/25/2023 7:58:39 PM SENT Associated Case Party: TRT HOLDINGS, INC. Name BarNumber Email TimestampSubmitted Status Elliot Strader elliot.strader@akerman.com 10/25/2023 7:58:39 PM SENT Xakema Henderson xakema.henderson@akerman.com 10/25/2023 7:58:39 PM SENT