Preview
FILED
9/11/2023 5:57 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Kellie Juricek DEPUTY
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA EVANS, ) IN THE DISTRICT COURT
individually and on behalf of their minor son, )
T.E., deceased, FAITH TANKSLEY on behalf of )
minor T.E., III, individually and on behalf of
his father, T.E., deceased, and DEON WILLIAMS,
Plaintiffs,
Vv.
TASACOM REAL ESTATE, LLC d/b/a 162nd JUDICIAL DISTRICT
HAWTHORN SUITES DALLAS LOVE FIELD,
HAWTHORN SUITES FRANCHISING, INC.,
WYNDHAM HOTELS & RESORTS, INC.,
MOHAMMAD SADIQ NOSHAHI,
DIAMOND STAFFING SERVICES, LLC,
WYNDHAM HOTEL GROUP, LLC,
TASACOM TECHNOLOGIES, INC., SANJEEV
JAIN and MMAROOFUL CHOUDHURY,
Defendants. DALLAS COUNTY, TEXAS
PLAINTIFFS’ RESPONSE TO WYNDHAM DEFENDANTS’ MOTION
TO EXTEND ROBINSON DEADLINE
Plaintiffs Tony Evans, Sr., and Aretha Evans, individually and on behalf of their minor
son, T.E., deceased, Faith Tanksley, on behalf of her minor son, T.E., III, individually and on
behalf of his father, T.E., deceased, and Deon Williams (collectively “Plaintiffs”), file this
Response to Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and
Hawthorn Suites Franchising, Inc.’s (collectively, “Wyndham Defendants”) Motion to Extend
Robinson Deadline, (the “Motion”) showing the Court as follows:
INTRODUCTION
As the Court may recall, Plaintiffs have had to bring a handful of successful motions to
compel and/or for discovery sanctions against these Defendants for what Plaintiffs deem to be a
continuing abuse of discovery and litigation gamesmanship. The current motion is nothing more
Page 1 of 6
than another tactic that serves no purpose other than to waste this Court’s time and resources as
the alleged request for relief is based on Wyndham Defendants’ own dilatory conduct and is
inconsistent with the agreed-upon scheduling order. In addition, Wyndham Defendants failed to
confer with Plaintiffs’ counsel before filing the Motion and have refused to make mutual any
change to expert deadlines under the scheduling order. As such, the Motion should be summarily
denied.
ARGUMENT AND AUTHORITIES
1 In or about April 2023, the parties decided upon an Agreed Fourth Amended
Discovery and Docket Control Order, (the “Scheduling Order”) which was entered by this Court
on May 9, 2023. At the time the Scheduling Order was being negotiated, Defendants were adamant
that they needed six weeks between Plaintiff's designation deadline and their own. In the spirit of
compromise, Plaintiffs reluctantly agreed. Currently, Defendants’ deadline to designate experts
does not expire until September 22, 2023.
2. Plaintiffs timely designated three expert witnesses on August 10, 2023, pursuant to
the Scheduling Order. To date, Plaintiffs are the only parties that have designated expert witnesses.
As mentioned above, Defendants have until September 22, 2023, to designate expert witnesses, if
any, they plan to use in rebuttal. As the Court will note from the Scheduling Order, the deadline
for the parties to complete expert discovery is November 3, 2023. The deadline for motions to
exclude experts is thirty (30) days before trial. These deadlines have not been amended, and
Defendants have always been aware of these dates.
3 Now, however, Wyndham Defendants act as though these deadlines are a surprise.
And, while Wyndham Defendants hurl insults in the Motion, claiming that Plaintiff's counsel was
recalcitrant, sat idle, and refused to provide dates for the deposition of their experts, in reality, the
Page 2 of 6
first request made for the deposition of Plaintiffs’ franchisor industry expert, Alan Tallis, was not
made until Thursday, August 31, 2023. See a true and correct compilation of email correspondence
between counsel in this lawsuit addressing the matters raised in the current Motion attached hereto
at Exhibit A, at 1.
4 The following day, September 1, 2023, Wyndham Defendants requested deposition
dates for Plaintiffs Aretha and Tony Evans and Faith Tanksley, as well as Plaintiffs’ other two
experts — security expert Ken Goodrum and forensic economist Dr. Stan Smith. /d., at 2. Plaintiffs
provided dates this month for the depositions of all Plaintiffs. /d., at 7.
5 As to the depositions of the experts, since Defendants’ expert deadline is not until
September 22, 2023, and no defense experts have yet been designated, Plaintiffs proposed multiple
times that an expert deposition schedule be secured for the deposition of all parties’ experts
sometime in early October. /d., at 4, 6-7. Defendants refused this offer to arrange a schedule after
September 22, 2023 for both sides’ experts, and have not indicated that they will not designate
experts in this case.
6 True to their form, Wyndham Defendants made three requests for Plaintiffs’ expert,
Alan Tallis, within a 24-hour period between Thursday, August 31, 2023, and Friday, September
1, 2023, apparently for purposes of making a baseless claim that Plaintiffs were being dilatory. /d.,
at 1, 5. Monday, September 4, 2023, was Labor Day, a holiday.
7 On Wednesday, September 6, 2023, Plaintiffs provided a litany of dates for their
clients’ depositions between September 25, 2023, and October 10, 2023. /d., at 7. On the same
date, Wyndham Defendants accused Plaintiffs of sitting idle as to providing availability for expert
depositions, despite first having been asked for dates a mere 2 business days prior thereto with
Page 3 of 6
regard to experts Ken Goodrum and Dr. Stan Smith, and only 3 days prior thereto with regard to
expert Alan Tallis. /d., at 8-10.
8 Thereafter, on the same date, September 6, 2023, Plaintiffs provided dates of
availability in late September for expert Alan Tallis. /d., at 10. Dates for Plaintiffs’ remaining
experts were provided on September 7, 2023, less than four business days from Wyndham
Defendants’ first request of the same. /d., at 11-12.
9 Thus, in a mere four business days, Plaintiffs provided a litany of potential
deposition dates to Wyndham Defendants with regard to six witnesses, including three experts
with particularly full schedules. To claim Plaintiffs were somehow dilatory in providing deposition
availability is not substantiated by the record, especially when Wyndham Defendants literally sat
on their hands for weeks prior to seeking a single expert deposition. They are entitled to no
extension of any deadlines based on their conduct.
10. Adding fuel to the fire, Wyndham Defendants continued to threaten their current
Motion during the above time period in conjunction with a stated need to continue trial, which
Plaintiffs vehemently oppose. Without conference on their singular request to extend the Robinson
deadline without a continuance of trial, Wyndham Defendants filed their current Motion. Plaintiffs
immediately explained they were unopposed to the Motion so long as it was not seeking a
continuance of trial, which it does not, and so long as Plaintiffs are afforded a reciprocal extension
of the Robinson deadline following Defendants’ expert designations due on September 22, 2023.
Id., at 14-15.
DE Wyndham Defendants flatly rejected any reciprocation, and their Motion is before
the Court as a complete waste of time and resources. Given their actions in this regard, Plaintiffs
ask that Wyndham Defendant’s Motion be disregarded and denied.
Page 4 of 6
12. Further, Plaintiffs represent that each of their experts are qualified to testify about
scientific, technical, or other specialized knowledge, and their testimony is relevant and based
upon a reliable foundation. Accordingly, a motion to exclude these experts, if any, will prove to
be lacking in merit. However, recognizing that Defendants have the right under legal precedent to
file such motions, Plaintiffs believe the deadlines in the Scheduling Order and the dates provided
to Defendants for the experts’ depositions afford Defendants sufficient opportunity to timely file
such motions.
CONCLUSION
WHEREFORE PREMISES CONSIDERED, Plaintiffs ask that Wyndham Defendants’
Motion be denied on the grounds provided herein. Plaintiffs ask for any further or additional relief
this Court deems warranted.
Respectfully Submitted,
/s/ Nuru Witherspoon /s/ Aubrey “Nick” Pittman
NURU WITHERSPOON AUBREY “NICK” PITTMAN
State Bar No. 24039244 State Bar No. 16049750
witherspoon@twlglawyers.com THE PITTMAN LAW FirM, P.C.
EMILY TAYLOR 100 Crescent Court, Suite 700
State Bar No. 24046951 Dallas, Texas 75201-2112
taylor@twlglawyers.com 214-459-3454 — Telephone
WITHERSPOON LAW GROUP 214-853-5912 - Fax
5565 Deer Creek, Unit A pittman@thepittmanlawfirm.com
Dallas, Texas 75228
214-773-1133 — Telephone
972-696-9982 — Fax
Page 5 of 6
CERTIFICATE OF SERVICE
I hereby certify that on September 11, 2023, the foregoing document was submitted to the
representatives of the parties, using the electronic case filing system of the court. The electronic
case filing system sent a “Notice of Service” to all attorneys of record who have consented in
writing to accept this Notice as service of documents by electronic means.
/s/ Emily Taylor
Emily Taylor
Page 6 of 6
EXHIBIT A
From: Donovan, Christopher B.
Sent: Thursda’ 10:59 AM
To: Nick Pittman ; Emily Taylor
Ce: Hopkins, Jason
Subject: Evans Deposition - Alan Tallis
Nick and Emily:
a
Thx
--Chris
Christopher B. Donovan
Associate
T +1713 425 8449 DLA Piper LLP (US)
F +1713 300 6040 845 Texas Avenue
M +1 817 614 4977 Suite 3800
christopher.b.donovan@us.dlapiper.com Houston, TX 77002-2946
(.. lapiper.con
From: Hopkins, Jason
Sent: Friday, September 1, 2023 12:44 PM
To: Donovan, Christopher B. ; Nick Pittman
; Emily Taylor
Cc: Sager, David S.
Subject: RE: Evans Deposition - Alan Tallis
Following up on this. To be clear, we intend to move to exclude Tallis, and his deposition is necessary to
the preparation of that motion.
Jason Hopkins
Partner
T +1214 743 4546
F +1972 813 6267
M +1 469 394 0355
jason.hopkins@us.dlapiper.com
DLA Piper LLP (US)
dlapiper.com
Page 1 of 15
From: Donovan, Christopher B.
Sent: Friday, 2:37 PM
To: Nick Pittman ; Emily Taylor
Cc: Sager, David S. ; Hopkins, Jason
Subject: Evans v. Tasacom
Nick and Emily:
Can you please provide dates for depositions of the following:
Tony Evans, Sr.
Aretha Evans
Faith Tanksley
Kenneth Goodrum
Stan Smith
--Chris
Christopher B. Donovan
Associate
T +1713 425 8449 DLA Piper LLP (US)
F +1713 300 6040 845 Texas Avenue
M +1817 614 4977 Suit (00
christopher.b.donovan@us.dlapiper.com Houston, TX 77002-2946
(... dlapiper.com
Page 2 of 15
From: Emily Taylor
Sent: Friday, September 1, 2023 3:06 PM
To: Donovan, Christopher B. ; Nick Pittman
Ce: Sager, David S. ; Hopkins, Jason
Subject: Re: Evans v. Tasacom
aE NE sche)
Chris:
EE
Emily Taylor
Attorney
The Witherspoon Law Group
(214) 444-6286, Ext. 7007
'972) 696-9982
taylor@twlglawyers.con
www.twiglawyers.com
From: Donovan, Christopher B.
Sent: Friday, September 1, 2023 3:14 PM
To: Emily Taylor ; Nick Pittman
Ce: Sager, David S. ; Hopkins, Jason
Subject: RE: Evans v. Tasacom
Hi Emily:
Can you please provide three different days for each?
Thx
Chris
Page 3 of 15
Christopher B. Donovan
Associate
T +1713 425 8449 DLA Piper LLP (US)
F +1713 300 6040 845 Texas Avenue
M +1817 614 4977 Suite 3800
christopher.b.donovan@us.dlapiper.com Houston, TX 77002-2946
ipe! m
From: pittman@thepittmanlawfirm.com
Sent: Friday, September 1, 2023 3:02:04 PM
To: Hopkins, Jason ; Donovan, Christopher B.
; ‘Emily Taylor'
Cc: Sager, David S. ; Nuru Witherspoon
; mwells@thompsoncoe.com ; Ivillasen
or@thompsoncoe.com ; tbarnes@thompsoncoe.com
Subject: RE: Evans Deposition - Alan Tallis
Counsel,
Although you have a right to file a motion to exclude, the Court will be able quickly
to ascertain that Mr. Tallis is qualified to testify about scientific, technical, or other
specialized knowledge, and that his testimony is relevant and based upon a reliable
foundation. Therefore, the motion will prove to be lacking in merit. But, have at it.
Also, I do not think this decision will interfere at all with the trial date. We can
dispense with this motion and maintain the trial date. Thus, Plaintiffs do not agree
to any continuance of the trial date.
Nevertheless, as far as deposition scheduling is concerned, due to the schedules for
Mr. Tallis and Plaintiffs’ counsel, his deposition will have to take lace near the end
of the month or earl October.
Regards,
Aubrey "Nick" Pittman, MBA, CPA, JD
THE PITTMAN LAw FIRM, P.C.
Page 4 of 15
901 Main Street, Suite 3670
Dallas, Texas 75202
(214) 459-3454
(214) 853-5912 (fax)
pittman@thepittmanlawfirm.com
From: Hopkins, Jason
Sent: Friday, September 1, 2023 3:19 PM
To: pittman@thepittmanlawfirm.com; Donovan, Christopher B.
; ‘Emily Taylor'
Cc: Sager, David S. ; Nuru Witherspoon
; mwells@thompsoncoe.com; tbarnes@thompsoncoe.com;
Ivillasenor@thompsoncoe.com
Subject: Re: Evans Deposition - Alan Tallis
Aubrey, we didn't ask for your thoughts on a motion you haven't read, and we didn't ask for your
agreement on a continuance, which we are trying to avoid. We only asked for prompt deposition
dates.
Let us know.
Jason Hopkins
(0) 214.743.4546
(c) 469.394.0355
Emily Taylor
To: Hopkins, Jason ; pittman@thepittmanlawfirm.com; Donovan,
Christopher B.
Cc: Sager, David S. ; Nuru Witherspoon; mwells@thompsoncoe.com;
tbarnes@thompsoncoe.com; lvillasenor@thompsoncoe.com
Fri 9/1/2023 4:25 PM
Just to be clear, the first request was only yesterday.
Gs}
Pz
Emily Taylor
Attorney
ES he Witherspoon Law Group
G& (214) 444-6286, Ext. 7007
SS th (972) 696-998:
WITHERSPOO i taylor@twiglawyers.com
u w GRO
Page 5 of 15
e wi ww.twiglawyers.com
080
pittman@thepittmanlawfirm.com
‘0: ‘Donovan, Christopher B.' ; Emily Taylor
Cc: 'Sager, David S.' ; ‘Hopkins, Jason’ ;
Nuru Witherspoon; mwells@thompsoncoe.com
+2 others
Fri 9/1/2023 4:09 PM
Counsel,
Emily is working on providing you with deposition dates for Plaintiffs and will get
back to you.
Regards,
Aubrey "Nick" Pittman, MBA, CPA, JD
THE PITTMAN LAW FIRM, P.C.
901 Main Street, Suite 3670
Dallas, Texas 75202
(214) 459-3454
(214) 853-5912 (fax)
pittman@thepittmanlawfirm.com
pittman@thepittmanlawfirm.com
To: "Hopkins, Jason’ ; "Donovan, Christopher Be
; Emily Taylor
Cc: 'Sager, David S.' ; Nuru Witherspoon; mwells@thompsoncoe.com;
tbarnes@thompsoncoe.com; lvillasenor@thompsoncoe.com
Fri 9/1/2023 5:02 PM
Counsel,
You are the one who mentioned an imminent motion to exclude, on which we will
have to confer. Thus, I am entitled to give you my opinion on why we would
oppose it. Pardon me for providing you with my opinion perhaps
prematurely. However, I have obtained and opposed enough experts in the 32
years of my practice to have valid opinions on the likelihood of success of a motion.
But, I will wait on your conference on the motion to give you my opinion next time
on the reasons why we will oppose it.
Page 6 of 15
Likewise, although you also take issue with my comment on a trial continuance,
you are the one who raised the issue of a possible continuance. And you would also
have to confer on a motion for continuance, and therefore my opinion is relevant. I
was simply trying to make clear that we do not believe a continuance would be
necessary.
Have a great holiday weekend
Regards,
Aubrey "Nick" Pittman,
THE PITTMAN LAW FirM, P.C.
901 Main Street, Suite 3670
Dallas, Texas 75202
(214) 459-3454
(214) 853-5912 (fax)
pittman@thepittmanlawfirm.com
From: Emily Taylor
Sent: Wednesday, September 6, 2023 1:22 PM
To: Donovan, Christopher B. ; Nick Pittman
Cc: Sager, David S. ; Hopkins, Jason
Subject: Re: Evans v. Tasacom
Chris:
Our clients are available for deposition from September 25" through October 10th. Two
caveats: 1) Mr. and Mrs. Evans are NOT available on Wednesdays; and 2) we are set for
trial the week of September 25th, but we are currently 11 on the docket with older cases
in front of us, as well as a statutory right of appeal on a pending MSJ, so | don't anticipate it
going forward. Subject to that, please notice them.
Page 7 of 15
Thank you,
Emily
Emily Taylor
Attorney
The Witherspoon Law Group
(214) 444-6286, Ext. 7007
(972) 696-998:
taylor@twiglawyers.com
www.twiglawyers.com
From: Hopkins, Jason
Sent: Wednesda 2:29 PM
To: Emily Taylor ; Donovan, Christopher B.
; Nick Pittman
Cc: Sager, David S.
Subject: RE: Evans v. Tasacom
Thanks.
Jason Hopkins
Partner
T +1214 743 4546
F +1972 813 6267
M +1 469 394 0355
jason-hopkins@us.dlapiper.com
DLA Piper LLP (US)
dlapiper.com
Page 8 of 15
From: Emily Taylor
Sent: Wednesday, September 6, 2023 1:43 PM
To: Hopkins, Jason ; Donovan, Christopher B.
; Nick Pittman
Cc: Sager, David S.
Subject: Re: Evans v. Tasacom
Jason:
Defense counsel desired their expert deadline to be six weeks from ours. That was not our
doing. You have plenty of time under a scheduling order you not only requested but agreed
to.
deposition dates, but hey, I'm a gambler. So sure, if you want to claim a high number of
requests for deposition dates, awesome.
Emily Taylor
Attorney
The Witherspoon Law Group
(214) 444-6286, Ext. 7007
(972) 696-9982
aylor@twiglawyers.com
www.twiglawyers.com
From: Hopkins, Jason
Sent: Wednesday, September 6, 2023 2:51 PM
To: Emily Taylor ; Donovan, Christopher B.
; Nick Pittman
Cc: Sager, David S.
Subject: RE: Evans v. Tasacom
Page 9 of 15
Let us know, please. This is my fifth and last request for Tallis dates. You guys already admitted you
have his calendar. Refusing to give me dates from it is pure gamesmanship.
Thanks.
Jason Hopkins
Partner
T +12147: 4546
F +1972
M +1469
jason.hopki us.dlapiper.com
DLA Piper LLP (US)
dlapiper.com
OQ...
From: Emily Taylor
Sent: Wednesday, September 6, 2023 2:20 PM
To: Hopkins, Jason ; Donovan, Christopher B.
; Nick Pittman
Cc: Sager, David S.
Subject: Re: Evans v. Tasacom
Jason:
I'm not sitting idle, sir. Your other accusations are also wholly unwarranted.
Please let us know what you choose.
Emily Taylor
Attorney
The Witherspoon Law Group
(214) 444-6286, Ext. 7007
(972) 696-9982
taylor@twiglawyers.com
Page 10 of 15
www.twiglawyers.com
From: Emily Taylor
Sent: Thursday, September 7, 2023 9:01 AM
To: Donovan, Christopher B. ; Nick Pittman
Cc: Sager, David S. ; Hopkins, Jason
Subject: Re: Evans v. Tasacom
Chris:
These are the nearest three time slots that Dr. Stan Smith has for deposition:
Sept 26 — 9:30am CT
Oct 3— 1:00pm CT
Oct 4— 1:00pm CT
Best,
Emily
Emily Taylor
sey}
Attorney
The Witherspoon Law Group
iz \ (214) 444-6286, Ext. 7007
th (972) 696-998:
S taylor@twiglawyers.com
WITHERSPOON @ ~www.twiglawyers.com
o80
Page 11 of 15
Emily Taylor
To: Donovan, Christopher B. ; Nick Pittman
Cc: Sager, David S. ; Hopkins, Jason
Thu 9/7/2023 9:43 AM
Chris:
My apologies. | just realized | typo'd the September date -- that should be September 27th.
Emily Taylor
Gs
Attorney
The Witherspoon Law Group
< \& (214) 444-6286, Ext. 7007
th (972) 696-998:
SY bat taylor@twiglawyers.com
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Emily Taylor
To: Donovan, Christopher B. ; Nick Pittman
Cc: Sager, David S. ; Hopkins, Jason
Thu 9/7/2023 9:59 AM
Chris:
Ken Goodrum dates of availability: October 6, 13, 23, 24th.
Thanks,
Emily
Emily Taylor
Attorney
The Witherspoon Law Group
\& (214) 444-6286, Ext. 7007
hi (972) 696-9982
i 84 taylor@twiglawyers.com
wi aTHERSPOON
w Grow
@ www. twiglawyers.com
60ao
Page 12 of 15
From: Hopkins, Jason
Sent: Thursday, September 7, 2023 10:25 AM
To: Emily Taylor ; Donovan, Christopher B.
; Nick Pittman
Ce: Sager, David S.
Subject: RE: Evans v. Tasacom
Emily, |. Can you
please tell me what the other dates are? Thanks.
Jason Hopkins
Partner
T +1214 743 4546
F +1972813 7
M +1 469 394 0355
jason.hopkins dlapiper.com
DLA Piper LLP (US)
dlapiper.com
Emily Taylor
To: Hopkins, Jason ; Donovan, Christopher B
+1 other
Cc:Sager, David S.
Thu 9/7/2023 10:33 AM
The
October
week of Sth.
Emily Taylor
Gs)
Attorney
The Witherspoon Law Group
yy ES & (214) 444-6286, Ext. 7007
th (972) 696-998:
Lf taylor@twiglawyers.com
WiTHE RSPOO @ www.twiglawyers.com
Ro ’
oao
Page 13 of 15
Emily Taylor
To: Hopkins, Jason ; Donovan, Christopher B.
+1 other
Cc: Sager, David S. ; Nuru Witherspoon; Kay Harper Williams;
tbarnes@thompsoncoe.com
Fri 9/8/2023 12:13 P
Jason:
| believe all the previous emails regarding your Robinson extension included both an
extension of that deadline as well as trial. We simply do not want to push our trial setting.
Let me know if | have read everything correctly and you are amenable to the foregoing.
Thank you,
Emily
Emily Taylor
sey}
Attorney
The Witherspoon Law Group
iz G (214) 444-6286, Ext. 7007
th (972) 696-9982
taylor twiglawyers.com
WITHERSEQON @ www. twiglawyers.com
080
Page 14 of 15
From: Hopkins, Jason
Sent: Friday, September 8, 2023 2:07 PM
To: Emily Taylor ; Donovan, Christopher B.
; Nick Pittman
Cc: Sager, David S. ; Nuru Witherspoon
; Kay Harper Williams ;
tbarnes@thompsoncoe.com
Subject: RE: Evans v. Tasacom - Motion to Extend Robinson
Emily,
If | misunderstood your position and you don’t oppose entry of the proposed order | submitted, please
let me know and I'll relay to the Court that the motion is unopposed. Thanks.
Jason Hopkins
Partner
TE +1214 743 4546
+1 972 813 6267
M +1 469 394 0355
jason.hopkins@us.dlapiper.com
DLA Piper LLP (US)
dlapiper.com
Page 15 of 15
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.
Amelia Aguilar on behalf of Emily Taylor
Bar No. 24046951
aguilar@twlglawyers.com
Envelope ID: 79430465
Filing Code Description: Response
Filing Description: PLTF/RESPONSE TO DEF/EXTEND ROBINSON
DEADLINE
Status as of 9/12/2023 8:24 AM CST
Associated Case Party: TONY EVANS
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twiglawyers.com 9/11/2023 5:57:33 PM SENT
Nuru Witherspoon litigation@twiglawyers.com 9/11/2023 5:57:33 PM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com | 9/11/2023 5:57:33 PM SENT
Associated Case Party: TASACOM REAL ESTATE, LLC
Name BarNumber Email TimestampSubmitted Status
Tasha LBarnes tbarnes@thompsoncoe.com 9/11/2023 5:57:33 PM SENT
LISAV \villasenor@thompsoncoe.com 9/11/2023 5:57:33 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Josimayra Diaz josi.diaz@dallascityhall.com 9/11/2023 5:57:33 PM SENT
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Ronald DHinds tdhinds@verizon.net 9/11/2023 5:57:33 PM SENT
Associated Case Party: HAWTHORN SUITES FRANCHISING, INC.
Name BarNumber Email TimestampSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com | 9/11/2023 5:57:33 PM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 9/11/2023 5:57:33 PM SENT
Ronald DHinds rdhinds@verizon.net 9/11/2023 5:57:33 PM SENT
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.
Amelia Aguilar on behalf of Emily Taylor
Bar No. 24046951
aguilar@twlglawyers.com
Envelope ID: 79430465
Filing Code Description: Response
Filing Description: PLTF/RESPONSE TO DEF/EXTEND ROBINSON
DEADLINE
Status as of 9/12/2023 8:24 AM CST
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Name BarNumber Email TimestampSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 9/11/2023 5:57:33 PM SENT
RoseMarie Chambers rose.chambers@dlapiper.com 9/11/2023 5:57:33 PM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 9/11/2023 5:57:33 PM SENT
Ronald DHinds rdhinds@verizon.net 9/11/2023 5:57:33 PM SENT
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Docket Chicago docketingchicago@dlapiper.com 9/11/2023 5:57:33 PM SENT
Associated Case Party: T. E.
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twiglawyers.com 9/11/2023 5:57:33 PM SENT
Nuru Witherspoon litigation@twiglawyers.com 9/11/2023 5:57:33 PM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 9/11/2023 5:57:33 PM SENT
Associated Case Party: ARETHA EVANS
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twiglawyers.com 9/11/2023 5:57:33 PM SENT
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.
Amelia Aguilar on behalf of Emily Taylor
Bar No. 24046951
aguilar@twlglawyers.com
Envelope ID: 79430465
Filing Code Description: Response
Filing Description: PLTF/RESPONSE TO DEF/EXTEND ROBINSON
DEADLINE
Status as of 9/12/2023 8:24 AM CST
Associated Case Party: ARETHA EVANS
Nuru Witherspoon litigation@twiglawyers.com 9/11/2023 5:57:33 PM | SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com | 9/11/2023 5:57:33 PM | SENT
Associated Case Party: MOHAMMADSADIQNOSHAHI
Name BarNumber | Email TimestampSubmitted | Status
Ronald DHinds rdhinds@verizon.net | 9/11/2023 5:57:33 PM | SENT
Associated Case Party: MMAROOFUL CHOUDHURY
Name BarNumber | Email TimestampSubmitted | Status
Morgan Wells mwells@thompsoncoe.com | 9/11/2023 5:57:33 PM | SENT
Associated Case Party: TASACOM TECHNOLOGIES INC.
Name BarNumber | Email TimestampSubmitted | Status
Benjamin Dunn bdunn@thompsoncoe.com | 9/11/2023 5:57:33 PM | SENT
Preview
FILED 9/11/2023 5:57 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Kellie Juricek DEPUTY CAUSE NO. DC-21-04901 TONY EVANS, SR., and ARETHA EVANS, ) IN THE DISTRICT COURT individually and on behalf of their minor son, ) T.E., deceased, FAITH TANKSLEY on behalf of ) minor T.E., III, individually and on behalf of his father, T.E., deceased, and DEON WILLIAMS, Plaintiffs, Vv. TASACOM REAL ESTATE, LLC d/b/a 162nd JUDICIAL DISTRICT HAWTHORN SUITES DALLAS LOVE FIELD, HAWTHORN SUITES FRANCHISING, INC., WYNDHAM HOTELS & RESORTS, INC., MOHAMMAD SADIQ NOSHAHI, DIAMOND STAFFING SERVICES, LLC, WYNDHAM HOTEL GROUP, LLC, TASACOM TECHNOLOGIES, INC., SANJEEV JAIN and MMAROOFUL CHOUDHURY, Defendants. DALLAS COUNTY, TEXAS PLAINTIFFS’ RESPONSE TO WYNDHAM DEFENDANTS’ MOTION TO EXTEND ROBINSON DEADLINE Plaintiffs Tony Evans, Sr., and Aretha Evans, individually and on behalf of their minor son, T.E., deceased, Faith Tanksley, on behalf of her minor son, T.E., III, individually and on behalf of his father, T.E., deceased, and Deon Williams (collectively “Plaintiffs”), file this Response to Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc.’s (collectively, “Wyndham Defendants”) Motion to Extend Robinson Deadline, (the “Motion”) showing the Court as follows: INTRODUCTION As the Court may recall, Plaintiffs have had to bring a handful of successful motions to compel and/or for discovery sanctions against these Defendants for what Plaintiffs deem to be a continuing abuse of discovery and litigation gamesmanship. The current motion is nothing more Page 1 of 6 than another tactic that serves no purpose other than to waste this Court’s time and resources as the alleged request for relief is based on Wyndham Defendants’ own dilatory conduct and is inconsistent with the agreed-upon scheduling order. In addition, Wyndham Defendants failed to confer with Plaintiffs’ counsel before filing the Motion and have refused to make mutual any change to expert deadlines under the scheduling order. As such, the Motion should be summarily denied. ARGUMENT AND AUTHORITIES 1 In or about April 2023, the parties decided upon an Agreed Fourth Amended Discovery and Docket Control Order, (the “Scheduling Order”) which was entered by this Court on May 9, 2023. At the time the Scheduling Order was being negotiated, Defendants were adamant that they needed six weeks between Plaintiff's designation deadline and their own. In the spirit of compromise, Plaintiffs reluctantly agreed. Currently, Defendants’ deadline to designate experts does not expire until September 22, 2023. 2. Plaintiffs timely designated three expert witnesses on August 10, 2023, pursuant to the Scheduling Order. To date, Plaintiffs are the only parties that have designated expert witnesses. As mentioned above, Defendants have until September 22, 2023, to designate expert witnesses, if any, they plan to use in rebuttal. As the Court will note from the Scheduling Order, the deadline for the parties to complete expert discovery is November 3, 2023. The deadline for motions to exclude experts is thirty (30) days before trial. These deadlines have not been amended, and Defendants have always been aware of these dates. 3 Now, however, Wyndham Defendants act as though these deadlines are a surprise. And, while Wyndham Defendants hurl insults in the Motion, claiming that Plaintiff's counsel was recalcitrant, sat idle, and refused to provide dates for the deposition of their experts, in reality, the Page 2 of 6 first request made for the deposition of Plaintiffs’ franchisor industry expert, Alan Tallis, was not made until Thursday, August 31, 2023. See a true and correct compilation of email correspondence between counsel in this lawsuit addressing the matters raised in the current Motion attached hereto at Exhibit A, at 1. 4 The following day, September 1, 2023, Wyndham Defendants requested deposition dates for Plaintiffs Aretha and Tony Evans and Faith Tanksley, as well as Plaintiffs’ other two experts — security expert Ken Goodrum and forensic economist Dr. Stan Smith. /d., at 2. Plaintiffs provided dates this month for the depositions of all Plaintiffs. /d., at 7. 5 As to the depositions of the experts, since Defendants’ expert deadline is not until September 22, 2023, and no defense experts have yet been designated, Plaintiffs proposed multiple times that an expert deposition schedule be secured for the deposition of all parties’ experts sometime in early October. /d., at 4, 6-7. Defendants refused this offer to arrange a schedule after September 22, 2023 for both sides’ experts, and have not indicated that they will not designate experts in this case. 6 True to their form, Wyndham Defendants made three requests for Plaintiffs’ expert, Alan Tallis, within a 24-hour period between Thursday, August 31, 2023, and Friday, September 1, 2023, apparently for purposes of making a baseless claim that Plaintiffs were being dilatory. /d., at 1, 5. Monday, September 4, 2023, was Labor Day, a holiday. 7 On Wednesday, September 6, 2023, Plaintiffs provided a litany of dates for their clients’ depositions between September 25, 2023, and October 10, 2023. /d., at 7. On the same date, Wyndham Defendants accused Plaintiffs of sitting idle as to providing availability for expert depositions, despite first having been asked for dates a mere 2 business days prior thereto with Page 3 of 6 regard to experts Ken Goodrum and Dr. Stan Smith, and only 3 days prior thereto with regard to expert Alan Tallis. /d., at 8-10. 8 Thereafter, on the same date, September 6, 2023, Plaintiffs provided dates of availability in late September for expert Alan Tallis. /d., at 10. Dates for Plaintiffs’ remaining experts were provided on September 7, 2023, less than four business days from Wyndham Defendants’ first request of the same. /d., at 11-12. 9 Thus, in a mere four business days, Plaintiffs provided a litany of potential deposition dates to Wyndham Defendants with regard to six witnesses, including three experts with particularly full schedules. To claim Plaintiffs were somehow dilatory in providing deposition availability is not substantiated by the record, especially when Wyndham Defendants literally sat on their hands for weeks prior to seeking a single expert deposition. They are entitled to no extension of any deadlines based on their conduct. 10. Adding fuel to the fire, Wyndham Defendants continued to threaten their current Motion during the above time period in conjunction with a stated need to continue trial, which Plaintiffs vehemently oppose. Without conference on their singular request to extend the Robinson deadline without a continuance of trial, Wyndham Defendants filed their current Motion. Plaintiffs immediately explained they were unopposed to the Motion so long as it was not seeking a continuance of trial, which it does not, and so long as Plaintiffs are afforded a reciprocal extension of the Robinson deadline following Defendants’ expert designations due on September 22, 2023. Id., at 14-15. DE Wyndham Defendants flatly rejected any reciprocation, and their Motion is before the Court as a complete waste of time and resources. Given their actions in this regard, Plaintiffs ask that Wyndham Defendant’s Motion be disregarded and denied. Page 4 of 6 12. Further, Plaintiffs represent that each of their experts are qualified to testify about scientific, technical, or other specialized knowledge, and their testimony is relevant and based upon a reliable foundation. Accordingly, a motion to exclude these experts, if any, will prove to be lacking in merit. However, recognizing that Defendants have the right under legal precedent to file such motions, Plaintiffs believe the deadlines in the Scheduling Order and the dates provided to Defendants for the experts’ depositions afford Defendants sufficient opportunity to timely file such motions. CONCLUSION WHEREFORE PREMISES CONSIDERED, Plaintiffs ask that Wyndham Defendants’ Motion be denied on the grounds provided herein. Plaintiffs ask for any further or additional relief this Court deems warranted. Respectfully Submitted, /s/ Nuru Witherspoon /s/ Aubrey “Nick” Pittman NURU WITHERSPOON AUBREY “NICK” PITTMAN State Bar No. 24039244 State Bar No. 16049750 witherspoon@twlglawyers.com THE PITTMAN LAW FirM, P.C. EMILY TAYLOR 100 Crescent Court, Suite 700 State Bar No. 24046951 Dallas, Texas 75201-2112 taylor@twlglawyers.com 214-459-3454 — Telephone WITHERSPOON LAW GROUP 214-853-5912 - Fax 5565 Deer Creek, Unit A pittman@thepittmanlawfirm.com Dallas, Texas 75228 214-773-1133 — Telephone 972-696-9982 — Fax Page 5 of 6 CERTIFICATE OF SERVICE I hereby certify that on September 11, 2023, the foregoing document was submitted to the representatives of the parties, using the electronic case filing system of the court. The electronic case filing system sent a “Notice of Service” to all attorneys of record who have consented in writing to accept this Notice as service of documents by electronic means. /s/ Emily Taylor Emily Taylor Page 6 of 6 EXHIBIT A From: Donovan, Christopher B. Sent: Thursda’ 10:59 AM To: Nick Pittman ; Emily Taylor Ce: Hopkins, Jason Subject: Evans Deposition - Alan Tallis Nick and Emily: a Thx --Chris Christopher B. Donovan Associate T +1713 425 8449 DLA Piper LLP (US) F +1713 300 6040 845 Texas Avenue M +1 817 614 4977 Suite 3800 christopher.b.donovan@us.dlapiper.com Houston, TX 77002-2946 (.. lapiper.con From: Hopkins, Jason Sent: Friday, September 1, 2023 12:44 PM To: Donovan, Christopher B. ; Nick Pittman ; Emily Taylor Cc: Sager, David S. Subject: RE: Evans Deposition - Alan Tallis Following up on this. To be clear, we intend to move to exclude Tallis, and his deposition is necessary to the preparation of that motion. Jason Hopkins Partner T +1214 743 4546 F +1972 813 6267 M +1 469 394 0355 jason.hopkins@us.dlapiper.com DLA Piper LLP (US) dlapiper.com Page 1 of 15 From: Donovan, Christopher B. Sent: Friday, 2:37 PM To: Nick Pittman ; Emily Taylor Cc: Sager, David S. ; Hopkins, Jason Subject: Evans v. Tasacom Nick and Emily: Can you please provide dates for depositions of the following: Tony Evans, Sr. Aretha Evans Faith Tanksley Kenneth Goodrum Stan Smith --Chris Christopher B. Donovan Associate T +1713 425 8449 DLA Piper LLP (US) F +1713 300 6040 845 Texas Avenue M +1817 614 4977 Suit (00 christopher.b.donovan@us.dlapiper.com Houston, TX 77002-2946 (... dlapiper.com Page 2 of 15 From: Emily Taylor Sent: Friday, September 1, 2023 3:06 PM To: Donovan, Christopher B. ; Nick Pittman Ce: Sager, David S. ; Hopkins, Jason Subject: Re: Evans v. Tasacom aE NE sche) Chris: EE Emily Taylor Attorney The Witherspoon Law Group (214) 444-6286, Ext. 7007 '972) 696-9982 taylor@twlglawyers.con www.twiglawyers.com From: Donovan, Christopher B. Sent: Friday, September 1, 2023 3:14 PM To: Emily Taylor ; Nick Pittman Ce: Sager, David S. ; Hopkins, Jason Subject: RE: Evans v. Tasacom Hi Emily: Can you please provide three different days for each? Thx Chris Page 3 of 15 Christopher B. Donovan Associate T +1713 425 8449 DLA Piper LLP (US) F +1713 300 6040 845 Texas Avenue M +1817 614 4977 Suite 3800 christopher.b.donovan@us.dlapiper.com Houston, TX 77002-2946 ipe! m From: pittman@thepittmanlawfirm.com Sent: Friday, September 1, 2023 3:02:04 PM To: Hopkins, Jason ; Donovan, Christopher B. ; ‘Emily Taylor' Cc: Sager, David S. ; Nuru Witherspoon ; mwells@thompsoncoe.com ; Ivillasen or@thompsoncoe.com ; tbarnes@thompsoncoe.com Subject: RE: Evans Deposition - Alan Tallis Counsel, Although you have a right to file a motion to exclude, the Court will be able quickly to ascertain that Mr. Tallis is qualified to testify about scientific, technical, or other specialized knowledge, and that his testimony is relevant and based upon a reliable foundation. Therefore, the motion will prove to be lacking in merit. But, have at it. Also, I do not think this decision will interfere at all with the trial date. We can dispense with this motion and maintain the trial date. Thus, Plaintiffs do not agree to any continuance of the trial date. Nevertheless, as far as deposition scheduling is concerned, due to the schedules for Mr. Tallis and Plaintiffs’ counsel, his deposition will have to take lace near the end of the month or earl October. Regards, Aubrey "Nick" Pittman, MBA, CPA, JD THE PITTMAN LAw FIRM, P.C. Page 4 of 15 901 Main Street, Suite 3670 Dallas, Texas 75202 (214) 459-3454 (214) 853-5912 (fax) pittman@thepittmanlawfirm.com From: Hopkins, Jason Sent: Friday, September 1, 2023 3:19 PM To: pittman@thepittmanlawfirm.com; Donovan, Christopher B. ; ‘Emily Taylor' Cc: Sager, David S. ; Nuru Witherspoon ; mwells@thompsoncoe.com; tbarnes@thompsoncoe.com; Ivillasenor@thompsoncoe.com Subject: Re: Evans Deposition - Alan Tallis Aubrey, we didn't ask for your thoughts on a motion you haven't read, and we didn't ask for your agreement on a continuance, which we are trying to avoid. We only asked for prompt deposition dates. Let us know. Jason Hopkins (0) 214.743.4546 (c) 469.394.0355 Emily Taylor To: Hopkins, Jason ; pittman@thepittmanlawfirm.com; Donovan, Christopher B. Cc: Sager, David S. ; Nuru Witherspoon; mwells@thompsoncoe.com; tbarnes@thompsoncoe.com; lvillasenor@thompsoncoe.com Fri 9/1/2023 4:25 PM Just to be clear, the first request was only yesterday. Gs} Pz Emily Taylor Attorney ES he Witherspoon Law Group G& (214) 444-6286, Ext. 7007 SS th (972) 696-998: WITHERSPOO i taylor@twiglawyers.com u w GRO Page 5 of 15 e wi ww.twiglawyers.com 080 pittman@thepittmanlawfirm.com ‘0: ‘Donovan, Christopher B.' ; Emily Taylor Cc: 'Sager, David S.' ; ‘Hopkins, Jason’ ; Nuru Witherspoon; mwells@thompsoncoe.com +2 others Fri 9/1/2023 4:09 PM Counsel, Emily is working on providing you with deposition dates for Plaintiffs and will get back to you. Regards, Aubrey "Nick" Pittman, MBA, CPA, JD THE PITTMAN LAW FIRM, P.C. 901 Main Street, Suite 3670 Dallas, Texas 75202 (214) 459-3454 (214) 853-5912 (fax) pittman@thepittmanlawfirm.com pittman@thepittmanlawfirm.com To: "Hopkins, Jason’ ; "Donovan, Christopher Be ; Emily Taylor Cc: 'Sager, David S.' ; Nuru Witherspoon; mwells@thompsoncoe.com; tbarnes@thompsoncoe.com; lvillasenor@thompsoncoe.com Fri 9/1/2023 5:02 PM Counsel, You are the one who mentioned an imminent motion to exclude, on which we will have to confer. Thus, I am entitled to give you my opinion on why we would oppose it. Pardon me for providing you with my opinion perhaps prematurely. However, I have obtained and opposed enough experts in the 32 years of my practice to have valid opinions on the likelihood of success of a motion. But, I will wait on your conference on the motion to give you my opinion next time on the reasons why we will oppose it. Page 6 of 15 Likewise, although you also take issue with my comment on a trial continuance, you are the one who raised the issue of a possible continuance. And you would also have to confer on a motion for continuance, and therefore my opinion is relevant. I was simply trying to make clear that we do not believe a continuance would be necessary. Have a great holiday weekend Regards, Aubrey "Nick" Pittman, THE PITTMAN LAW FirM, P.C. 901 Main Street, Suite 3670 Dallas, Texas 75202 (214) 459-3454 (214) 853-5912 (fax) pittman@thepittmanlawfirm.com From: Emily Taylor Sent: Wednesday, September 6, 2023 1:22 PM To: Donovan, Christopher B. ; Nick Pittman Cc: Sager, David S. ; Hopkins, Jason Subject: Re: Evans v. Tasacom Chris: Our clients are available for deposition from September 25" through October 10th. Two caveats: 1) Mr. and Mrs. Evans are NOT available on Wednesdays; and 2) we are set for trial the week of September 25th, but we are currently 11 on the docket with older cases in front of us, as well as a statutory right of appeal on a pending MSJ, so | don't anticipate it going forward. Subject to that, please notice them. Page 7 of 15 Thank you, Emily Emily Taylor Attorney The Witherspoon Law Group (214) 444-6286, Ext. 7007 (972) 696-998: taylor@twiglawyers.com www.twiglawyers.com From: Hopkins, Jason Sent: Wednesda 2:29 PM To: Emily Taylor ; Donovan, Christopher B. ; Nick Pittman Cc: Sager, David S. Subject: RE: Evans v. Tasacom Thanks. Jason Hopkins Partner T +1214 743 4546 F +1972 813 6267 M +1 469 394 0355 jason-hopkins@us.dlapiper.com DLA Piper LLP (US) dlapiper.com Page 8 of 15 From: Emily Taylor Sent: Wednesday, September 6, 2023 1:43 PM To: Hopkins, Jason ; Donovan, Christopher B. ; Nick Pittman Cc: Sager, David S. Subject: Re: Evans v. Tasacom Jason: Defense counsel desired their expert deadline to be six weeks from ours. That was not our doing. You have plenty of time under a scheduling order you not only requested but agreed to. deposition dates, but hey, I'm a gambler. So sure, if you want to claim a high number of requests for deposition dates, awesome. Emily Taylor Attorney The Witherspoon Law Group (214) 444-6286, Ext. 7007 (972) 696-9982 aylor@twiglawyers.com www.twiglawyers.com From: Hopkins, Jason Sent: Wednesday, September 6, 2023 2:51 PM To: Emily Taylor ; Donovan, Christopher B. ; Nick Pittman Cc: Sager, David S. Subject: RE: Evans v. Tasacom Page 9 of 15 Let us know, please. This is my fifth and last request for Tallis dates. You guys already admitted you have his calendar. Refusing to give me dates from it is pure gamesmanship. Thanks. Jason Hopkins Partner T +12147: 4546 F +1972 M +1469 jason.hopki us.dlapiper.com DLA Piper LLP (US) dlapiper.com OQ... From: Emily Taylor Sent: Wednesday, September 6, 2023 2:20 PM To: Hopkins, Jason ; Donovan, Christopher B. ; Nick Pittman Cc: Sager, David S. Subject: Re: Evans v. Tasacom Jason: I'm not sitting idle, sir. Your other accusations are also wholly unwarranted. Please let us know what you choose. Emily Taylor Attorney The Witherspoon Law Group (214) 444-6286, Ext. 7007 (972) 696-9982 taylor@twiglawyers.com Page 10 of 15 www.twiglawyers.com From: Emily Taylor Sent: Thursday, September 7, 2023 9:01 AM To: Donovan, Christopher B. ; Nick Pittman Cc: Sager, David S. ; Hopkins, Jason Subject: Re: Evans v. Tasacom Chris: These are the nearest three time slots that Dr. Stan Smith has for deposition: Sept 26 — 9:30am CT Oct 3— 1:00pm CT Oct 4— 1:00pm CT Best, Emily Emily Taylor sey} Attorney The Witherspoon Law Group iz \ (214) 444-6286, Ext. 7007 th (972) 696-998: S taylor@twiglawyers.com WITHERSPOON @ ~www.twiglawyers.com o80 Page 11 of 15 Emily Taylor To: Donovan, Christopher B. ; Nick Pittman Cc: Sager, David S. ; Hopkins, Jason Thu 9/7/2023 9:43 AM Chris: My apologies. | just realized | typo'd the September date -- that should be September 27th. Emily Taylor Gs Attorney The Witherspoon Law Group < \& (214) 444-6286, Ext. 7007 th (972) 696-998: SY bat taylor@twiglawyers.com ne THERSPOON w Grow e wi ww.twiglawyers.com 680 Emily Taylor To: Donovan, Christopher B. ; Nick Pittman Cc: Sager, David S. ; Hopkins, Jason Thu 9/7/2023 9:59 AM Chris: Ken Goodrum dates of availability: October 6, 13, 23, 24th. Thanks, Emily Emily Taylor Attorney The Witherspoon Law Group \& (214) 444-6286, Ext. 7007 hi (972) 696-9982 i 84 taylor@twiglawyers.com wi aTHERSPOON w Grow @ www. twiglawyers.com 60ao Page 12 of 15 From: Hopkins, Jason Sent: Thursday, September 7, 2023 10:25 AM To: Emily Taylor ; Donovan, Christopher B. ; Nick Pittman Ce: Sager, David S. Subject: RE: Evans v. Tasacom Emily, |. Can you please tell me what the other dates are? Thanks. Jason Hopkins Partner T +1214 743 4546 F +1972813 7 M +1 469 394 0355 jason.hopkins dlapiper.com DLA Piper LLP (US) dlapiper.com Emily Taylor To: Hopkins, Jason ; Donovan, Christopher B +1 other Cc:Sager, David S. Thu 9/7/2023 10:33 AM The October week of Sth. Emily Taylor Gs) Attorney The Witherspoon Law Group yy ES & (214) 444-6286, Ext. 7007 th (972) 696-998: Lf taylor@twiglawyers.com WiTHE RSPOO @ www.twiglawyers.com Ro ’ oao Page 13 of 15 Emily Taylor To: Hopkins, Jason ; Donovan, Christopher B. +1 other Cc: Sager, David S. ; Nuru Witherspoon; Kay Harper Williams; tbarnes@thompsoncoe.com Fri 9/8/2023 12:13 P Jason: | believe all the previous emails regarding your Robinson extension included both an extension of that deadline as well as trial. We simply do not want to push our trial setting. Let me know if | have read everything correctly and you are amenable to the foregoing. Thank you, Emily Emily Taylor sey} Attorney The Witherspoon Law Group iz G (214) 444-6286, Ext. 7007 th (972) 696-9982 taylor twiglawyers.com WITHERSEQON @ www. twiglawyers.com 080 Page 14 of 15 From: Hopkins, Jason Sent: Friday, September 8, 2023 2:07 PM To: Emily Taylor ; Donovan, Christopher B. ; Nick Pittman Cc: Sager, David S. ; Nuru Witherspoon ; Kay Harper Williams ; tbarnes@thompsoncoe.com Subject: RE: Evans v. Tasacom - Motion to Extend Robinson Emily, If | misunderstood your position and you don’t oppose entry of the proposed order | submitted, please let me know and I'll relay to the Court that the motion is unopposed. Thanks. Jason Hopkins Partner TE +1214 743 4546 +1 972 813 6267 M +1 469 394 0355 jason.hopkins@us.dlapiper.com DLA Piper LLP (US) dlapiper.com Page 15 of 15 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. Amelia Aguilar on behalf of Emily Taylor Bar No. 24046951 aguilar@twlglawyers.com Envelope ID: 79430465 Filing Code Description: Response Filing Description: PLTF/RESPONSE TO DEF/EXTEND ROBINSON DEADLINE Status as of 9/12/2023 8:24 AM CST Associated Case Party: TONY EVANS Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twiglawyers.com 9/11/2023 5:57:33 PM SENT Nuru Witherspoon litigation@twiglawyers.com 9/11/2023 5:57:33 PM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com | 9/11/2023 5:57:33 PM SENT Associated Case Party: TASACOM REAL ESTATE, LLC Name BarNumber Email TimestampSubmitted Status Tasha LBarnes tbarnes@thompsoncoe.com 9/11/2023 5:57:33 PM SENT LISAV \villasenor@thompsoncoe.com 9/11/2023 5:57:33 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Josimayra Diaz josi.diaz@dallascityhall.com 9/11/2023 5:57:33 PM SENT Luz Aguilar luz.aguilar@dallascityhall.com 9/11/2023 5:57:33 PM SENT Ronald DHinds tdhinds@verizon.net 9/11/2023 5:57:33 PM SENT Associated Case Party: HAWTHORN SUITES FRANCHISING, INC. Name BarNumber Email TimestampSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com | 9/11/2023 5:57:33 PM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 9/11/2023 5:57:33 PM SENT Ronald DHinds rdhinds@verizon.net 9/11/2023 5:57:33 PM SENT 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. Amelia Aguilar on behalf of Emily Taylor Bar No. 24046951 aguilar@twlglawyers.com Envelope ID: 79430465 Filing Code Description: Response Filing Description: PLTF/RESPONSE TO DEF/EXTEND ROBINSON DEADLINE Status as of 9/12/2023 8:24 AM CST Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Name BarNumber Email TimestampSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com 9/11/2023 5:57:33 PM SENT RoseMarie Chambers rose.chambers@dlapiper.com 9/11/2023 5:57:33 PM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 9/11/2023 5:57:33 PM SENT Ronald DHinds rdhinds@verizon.net 9/11/2023 5:57:33 PM SENT Judy Calderon judy.calderon@dlapiper.com 9/11/2023 5:57:33 PM SENT Samantha Craig Samantha.Craig@us.dlapiper.com 9/11/2023 5:57:33 PM SENT Sally Jones sally.jones@dlapiper.com 9/11/2023 5:57:33 PM SENT Sherry Faulkner Sherry.Faulkner@us.dlapiper.com 9/11/2023 5:57:33 PM SENT Taylor Reed Taylor.reed@us.dlapiper.com 9/11/2023 5:57:33 PM SENT ECFX DLA DLAPiper@ecfxmail.com 9/11/2023 5:57:33 PM SENT Docket Chicago docketingchicago@dlapiper.com 9/11/2023 5:57:33 PM SENT Associated Case Party: T. E. Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twiglawyers.com 9/11/2023 5:57:33 PM SENT Nuru Witherspoon litigation@twiglawyers.com 9/11/2023 5:57:33 PM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 9/11/2023 5:57:33 PM SENT Associated Case Party: ARETHA EVANS Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twiglawyers.com 9/11/2023 5:57:33 PM SENT 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. Amelia Aguilar on behalf of Emily Taylor Bar No. 24046951 aguilar@twlglawyers.com Envelope ID: 79430465 Filing Code Description: Response Filing Description: PLTF/RESPONSE TO DEF/EXTEND ROBINSON DEADLINE Status as of 9/12/2023 8:24 AM CST Associated Case Party: ARETHA EVANS Nuru Witherspoon litigation@twiglawyers.com 9/11/2023 5:57:33 PM | SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com | 9/11/2023 5:57:33 PM | SENT Associated Case Party: MOHAMMADSADIQNOSHAHI Name BarNumber | Email TimestampSubmitted | Status Ronald DHinds rdhinds@verizon.net | 9/11/2023 5:57:33 PM | SENT Associated Case Party: MMAROOFUL CHOUDHURY Name BarNumber | Email TimestampSubmitted | Status Morgan Wells mwells@thompsoncoe.com | 9/11/2023 5:57:33 PM | SENT Associated Case Party: TASACOM TECHNOLOGIES INC. Name BarNumber | Email TimestampSubmitted | Status Benjamin Dunn bdunn@thompsoncoe.com | 9/11/2023 5:57:33 PM | SENT