Preview
FILED
10/9/2023 10:36 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Lauren Beavers DEPUTY
CAUSE NO. DC-2 1-04901
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, §
§
V.
2
TASACOM REAL ESTATE, LLC d/b/a § 162ml JUDICIAL DISTRICT
HAWTHORN SUITES DALLAS LOVE FIELD, §
HAWTHORN SUITES FRANCHISING, INC., §
W Y NDHAM HOTELS & RESORTS, INC., §
MOHAMMAD SADIQ NOSHAHI, §
DLAMOND STAFFING SERVICES, LLC, §
WYNDHAM HOTEL GROUP, LLC, §
TASACOM TECHNOLOGIES, INC., SANJEEV §
JAIN and MMAROOFUL CHOUDHURY, §
§
Defendants. § DALLAS COUNTY, TEXAS
AGREED MOTION TO APPOINT
GUARDIAN AD LI TEM FOR MINOR TE, III
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”) and Tasacom Real Estate
LLC, Tasacom Technologies, Inc., Mohammad Sadiq Noshahi, Sanjeev Jain, Mmarooful
Choudhury, Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites
Franchising, Inc. (“Defendants” and collectively with Plaintiffs, the “Parties”), ask the Court to
appoint a guardian ad [item in this case, as authorized by Texas Rule of Civil Procedure 173.
AGREED MOTION TO APPOINT GUARDIAN ADLITEM- Page 1
INTRODUCTION AND BACKGROUND
1. Plaintiffs brought causes of action against Defendants arising from an April 11,
2021, shooting incident at the Hawthorn Suites by Wyndham hotel located at 7900 Brookriver,
Dallas, Texas, resulting in the death of Tony Evans Jr.
2. Plaintiffs bring wrongful death and survival claims against Defendants on behalf of
themselves, the Estate of Tony Evans, Jr., and as next friend of T.E., III, the minor child.
3. On or about October 3, 2023, the Parties compromised and settled all claims
Plaintiffs held against Defendants. Due to the settlement, there is a potential conflict of interest
between the minor child and Tony Evans, Sr., Aretha Evans, and Faith Tanksley.
4. A court must appoint a guardian ad litem when it appears that there is an adverse
interest between a party and the party’s guardian or next friend. TEX. R. CIV. P. l73.2(a)(1); see
Ford Motor Co. v. Stewart, Cox & Hatcher, P. C., 390 S.W.3d 294, 297 (Tex. 2013).
5. In a good faith and reasonable effort to resolve any potential conflict between the
minor child and Plaintiffs Tony Evans, Sr., Aretha Evans, and Faith Tanksley, the Parties jointly
request that the Court appoint an attorney and member in good standing with the State Bar of Texas
to serve as the Guardian Ad Li tem and represent the interests of the minor child in this action.
6. The Parties also agree that the Court shall determine the amount to be paid to the
Guardian Ad Litem for reasonable fees and expenses in this role, which will be taxed to and paid
by Defendants.
PRAYER
Accordingly, the Parties respectfully request that the Court appoint a Guardian Ad litem to
represent the best interests of T.E., III, the minor child, and for such other and further relief to
which Plaintiffs may be justly entitled.
AGREED MOTION TO APPOINT GUARDIAN ADLITEM- Page 2
Approved as to substance and form:
/s/Nuru Witherspoon DLA PIPER LLP (US)
NURU WITHERSPOON
State Bar No. 24039244 /s/ Jason M Hopkins (with permission)
Jason M. Hopkins
witherspoon@twlglawyers.com
EMILY TAYLOR State Bar No. 24059969
State Bar No. 24046951 jason.hopkins@dlapiper.com
1900 N. Pearl St. Suite 2200
taylor@twlglawyers.com
WITHERSPOON LAW GROUP Dallas, Texas 75201
T: 214.743.4500
5565 Deer Creek, Unit A
F: 214.743.4545
Dallas, Texas 75228
214-773-1133 — Telephone David S. Sager
972-696-9982 — Fax 51 John F. Kennedy Parkway, Suite 120
Short Hills, New Jersey 07078
david.sager@us.dlapiper.com
“Nick” Pittman
/s/ Aubrey T: 973.520.2550
AUBREY “NICK” PITTMAN F: 973.520.2551
State Bar No. 16049750
Christopher B. Donovan
THE PITTMAN LAW FIRM, P.C. State Bar No. 24097614
901 Main Street, Suite 3670
christopher.b.donovan@dlapiper.com
Dallas, Texas 75202 845 Texas Avenue, Suite 3800
214-459-3454 — Telephone Houston, Texas 77002
214-853-5912 - Fax T: 713.425.8400
pittman@thepittmanlawfirm.corn F: 713.425.8401
COUNSEL FOR PLAINTIFFS COUNSEL FOR DEFENDANTS
WYNDHAM HOTELS & RESORTS, INC.,
WYNDHAM HOTEL GROUP, LLC, AND
HAWTHORN SUITES FRANCHISING, INC.
THOMPSON, COE, COUSINS & IRONS, L.L.P.
/s/ Tasha L. Barnes (with permission)
Tasha L. Barnes
State Bar No. 00796163
Morgan J. Wells
State Bar No. 24106562
2801 Via Fortuna, Suite 300
Austin, Texas 78746
Telephone: (512) 708-8200
Telecopy: (512) 708-8777
tbarnes@thompsoncoe.com
mwells@thompsoncoe.com
AGREED MOTION TO APPOINT GUARDIAN AD LI TEM - Page 3
COUNSEL FOR DEFENDANTS
TASACOM REAL ESTATE, LLC D/B/A
HAWTHORN SUITES DALLAS LOVE
FIELD, MOHAMMAD SADIQ NOSHAHI
AND DIAMOND STAFFING SERVICES,
LLC, TASACOM TECHNOLOGIES, INC.
AND SANJEEV JAIN
AGREED MOTION TO APPOINT GUARDIAN ADLITEM- Page 4
CERTIFICATE 0F SERVICE
I hereby certify that on October 9, 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/Aubrev ”Nick” Pittman
AUBREY “NICK” PITTMAN
AGREED MOTION TO APPOINT GUARDIAN ADLITEM- Page 5
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.
Aubrey Pittman
Bar No. 16049750
pittman@thepittmanlawfirm.com
Envelope ID: 80375299
Filing Code Description: Motion - Guardian Ad Litem
Filing Description: AGREED
Status as of 10/11/2023 8:23 AM CST
Associated Case Party: TASACOM REAL ESTATE, LLC
Name BarN umber Email TimestampSubmitted Status
Tasha LBarnes tbarnes@thompsoncoe.com 10/9/2023 10:36:39 AM SENT
LISA V lvillasenor@thompsoncoe.com 10/9/2023 10:36:39 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Luz Aguilar luz.aguilar@dallascityhall.com 10/9/2023 10:36:39 AM SENT
Josimayra Diaz josi.diaz@dallascityhall.com 10/9/2023 10:36:39 AM ERROR
Ronald DHinds rdhinds@verizon.net 10/9/2023 10:36:39 AM SENT
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Name BarNumber Email TimestampSubmitted Status
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 10/9/2023 10:36:39 AM SENT
RoseMarie Chambers rose.chambers@dlapiper.com 10/9/2023 10:36:39 AM SENT
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 10/9/2023 10:36:39 AM SENT
Judy Calderon judy.calderon@dlapiper.com 10/9/2023 10:36:39 AM SENT
Samantha Craig Samantha.Craig@us.dlapiper.com 10/9/2023 10:36:39 AM SENT
Sally Jones sally.jones@dlapiper.com 10/9/2023 10:36:39 AM SENT
Sherry Faulkner Sherry.Faulkner@us.dlapiper.com 10/9/2023 10:36:39 AM SENT
Taylor Reed Taylor.reed@us.dlapiper.com 10/9/2023 10:36:39 AM SENT
ECFX DLA DLAPiper@ecfxmail.com 10/9/2023 10:36:39 AM SENT
Docket Chicago docketingchicago@dlapiper.com 10/9/2023 10:36:39 AM 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.
Aubrey Pittman
Bar No. 16049750
pittman@thepittmanlawfirm.com
Envelope ID: 80375299
Filing Code Description: Motion - Guardian Ad Litem
Filing Description: AGREED
Status as of 10/11/2023 8:23 AM CST
Associated Case Party: ARETHA EVANS
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@tw|glawyers.com 10/9/2023 10:36:39 AM SENT
Nuru Witherspoon litigation@twlglawyers.com 10/9/2023 10:36:39 AM SENT
Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 10/9/2023 10:36:39 AM SENT
Associated Case Party: MOHAMMADSADIQNOSHAHI
Name BarNumber Email TimestampSubmitted Status
Ronald DHinds rdhinds@verizon.net 10/9/2023 10:36:39 AM SENT
Associated Case Party: TASACOM TECHNOLOGIES INC
Name BarNumber Email TimestampSubmitted Status
Benjamin Dunn bdunn@thompsoncoe.com 10/9/2023 10:36:39 AM SENT
Associated Case Party: MMAROOFUL CHOUDHURY
Name BarNumber Email TimestampSubmitted Status
Morgan Wells mwells@thompsoncoe.com 10/9/2023 10:36:39 AM SENT
Preview
FILED 10/9/2023 10:36 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Lauren Beavers DEPUTY CAUSE NO. DC-2 1-04901 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, § § V. 2 TASACOM REAL ESTATE, LLC d/b/a § 162ml JUDICIAL DISTRICT HAWTHORN SUITES DALLAS LOVE FIELD, § HAWTHORN SUITES FRANCHISING, INC., § W Y NDHAM HOTELS & RESORTS, INC., § MOHAMMAD SADIQ NOSHAHI, § DLAMOND STAFFING SERVICES, LLC, § WYNDHAM HOTEL GROUP, LLC, § TASACOM TECHNOLOGIES, INC., SANJEEV § JAIN and MMAROOFUL CHOUDHURY, § § Defendants. § DALLAS COUNTY, TEXAS AGREED MOTION TO APPOINT GUARDIAN AD LI TEM FOR MINOR TE, III 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”) and Tasacom Real Estate LLC, Tasacom Technologies, Inc., Mohammad Sadiq Noshahi, Sanjeev Jain, Mmarooful Choudhury, Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc. (“Defendants” and collectively with Plaintiffs, the “Parties”), ask the Court to appoint a guardian ad [item in this case, as authorized by Texas Rule of Civil Procedure 173. AGREED MOTION TO APPOINT GUARDIAN ADLITEM- Page 1 INTRODUCTION AND BACKGROUND 1. Plaintiffs brought causes of action against Defendants arising from an April 11, 2021, shooting incident at the Hawthorn Suites by Wyndham hotel located at 7900 Brookriver, Dallas, Texas, resulting in the death of Tony Evans Jr. 2. Plaintiffs bring wrongful death and survival claims against Defendants on behalf of themselves, the Estate of Tony Evans, Jr., and as next friend of T.E., III, the minor child. 3. On or about October 3, 2023, the Parties compromised and settled all claims Plaintiffs held against Defendants. Due to the settlement, there is a potential conflict of interest between the minor child and Tony Evans, Sr., Aretha Evans, and Faith Tanksley. 4. A court must appoint a guardian ad litem when it appears that there is an adverse interest between a party and the party’s guardian or next friend. TEX. R. CIV. P. l73.2(a)(1); see Ford Motor Co. v. Stewart, Cox & Hatcher, P. C., 390 S.W.3d 294, 297 (Tex. 2013). 5. In a good faith and reasonable effort to resolve any potential conflict between the minor child and Plaintiffs Tony Evans, Sr., Aretha Evans, and Faith Tanksley, the Parties jointly request that the Court appoint an attorney and member in good standing with the State Bar of Texas to serve as the Guardian Ad Li tem and represent the interests of the minor child in this action. 6. The Parties also agree that the Court shall determine the amount to be paid to the Guardian Ad Litem for reasonable fees and expenses in this role, which will be taxed to and paid by Defendants. PRAYER Accordingly, the Parties respectfully request that the Court appoint a Guardian Ad litem to represent the best interests of T.E., III, the minor child, and for such other and further relief to which Plaintiffs may be justly entitled. AGREED MOTION TO APPOINT GUARDIAN ADLITEM- Page 2 Approved as to substance and form: /s/Nuru Witherspoon DLA PIPER LLP (US) NURU WITHERSPOON State Bar No. 24039244 /s/ Jason M Hopkins (with permission) Jason M. Hopkins witherspoon@twlglawyers.com EMILY TAYLOR State Bar No. 24059969 State Bar No. 24046951 jason.hopkins@dlapiper.com 1900 N. Pearl St. Suite 2200 taylor@twlglawyers.com WITHERSPOON LAW GROUP Dallas, Texas 75201 T: 214.743.4500 5565 Deer Creek, Unit A F: 214.743.4545 Dallas, Texas 75228 214-773-1133 — Telephone David S. Sager 972-696-9982 — Fax 51 John F. Kennedy Parkway, Suite 120 Short Hills, New Jersey 07078 david.sager@us.dlapiper.com “Nick” Pittman /s/ Aubrey T: 973.520.2550 AUBREY “NICK” PITTMAN F: 973.520.2551 State Bar No. 16049750 Christopher B. Donovan THE PITTMAN LAW FIRM, P.C. State Bar No. 24097614 901 Main Street, Suite 3670 christopher.b.donovan@dlapiper.com Dallas, Texas 75202 845 Texas Avenue, Suite 3800 214-459-3454 — Telephone Houston, Texas 77002 214-853-5912 - Fax T: 713.425.8400 pittman@thepittmanlawfirm.corn F: 713.425.8401 COUNSEL FOR PLAINTIFFS COUNSEL FOR DEFENDANTS WYNDHAM HOTELS & RESORTS, INC., WYNDHAM HOTEL GROUP, LLC, AND HAWTHORN SUITES FRANCHISING, INC. THOMPSON, COE, COUSINS & IRONS, L.L.P. /s/ Tasha L. Barnes (with permission) Tasha L. Barnes State Bar No. 00796163 Morgan J. Wells State Bar No. 24106562 2801 Via Fortuna, Suite 300 Austin, Texas 78746 Telephone: (512) 708-8200 Telecopy: (512) 708-8777 tbarnes@thompsoncoe.com mwells@thompsoncoe.com AGREED MOTION TO APPOINT GUARDIAN AD LI TEM - Page 3 COUNSEL FOR DEFENDANTS TASACOM REAL ESTATE, LLC D/B/A HAWTHORN SUITES DALLAS LOVE FIELD, MOHAMMAD SADIQ NOSHAHI AND DIAMOND STAFFING SERVICES, LLC, TASACOM TECHNOLOGIES, INC. AND SANJEEV JAIN AGREED MOTION TO APPOINT GUARDIAN ADLITEM- Page 4 CERTIFICATE 0F SERVICE I hereby certify that on October 9, 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/Aubrev ”Nick” Pittman AUBREY “NICK” PITTMAN AGREED MOTION TO APPOINT GUARDIAN ADLITEM- Page 5 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. Aubrey Pittman Bar No. 16049750 pittman@thepittmanlawfirm.com Envelope ID: 80375299 Filing Code Description: Motion - Guardian Ad Litem Filing Description: AGREED Status as of 10/11/2023 8:23 AM CST Associated Case Party: TASACOM REAL ESTATE, LLC Name BarN umber Email TimestampSubmitted Status Tasha LBarnes tbarnes@thompsoncoe.com 10/9/2023 10:36:39 AM SENT LISA V lvillasenor@thompsoncoe.com 10/9/2023 10:36:39 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Luz Aguilar luz.aguilar@dallascityhall.com 10/9/2023 10:36:39 AM SENT Josimayra Diaz josi.diaz@dallascityhall.com 10/9/2023 10:36:39 AM ERROR Ronald DHinds rdhinds@verizon.net 10/9/2023 10:36:39 AM SENT Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Name BarNumber Email TimestampSubmitted Status Christopher BDonovan Christopher.B.Donovan@dlapiper.com 10/9/2023 10:36:39 AM SENT RoseMarie Chambers rose.chambers@dlapiper.com 10/9/2023 10:36:39 AM SENT Jason Hopkins 24059969 jason.hopkins@dlapiper.com 10/9/2023 10:36:39 AM SENT Judy Calderon judy.calderon@dlapiper.com 10/9/2023 10:36:39 AM SENT Samantha Craig Samantha.Craig@us.dlapiper.com 10/9/2023 10:36:39 AM SENT Sally Jones sally.jones@dlapiper.com 10/9/2023 10:36:39 AM SENT Sherry Faulkner Sherry.Faulkner@us.dlapiper.com 10/9/2023 10:36:39 AM SENT Taylor Reed Taylor.reed@us.dlapiper.com 10/9/2023 10:36:39 AM SENT ECFX DLA DLAPiper@ecfxmail.com 10/9/2023 10:36:39 AM SENT Docket Chicago docketingchicago@dlapiper.com 10/9/2023 10:36:39 AM 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. Aubrey Pittman Bar No. 16049750 pittman@thepittmanlawfirm.com Envelope ID: 80375299 Filing Code Description: Motion - Guardian Ad Litem Filing Description: AGREED Status as of 10/11/2023 8:23 AM CST Associated Case Party: ARETHA EVANS Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@tw|glawyers.com 10/9/2023 10:36:39 AM SENT Nuru Witherspoon litigation@twlglawyers.com 10/9/2023 10:36:39 AM SENT Aubrey "Nick" Pittman pittman@thepittmanlawfirm.com 10/9/2023 10:36:39 AM SENT Associated Case Party: MOHAMMADSADIQNOSHAHI Name BarNumber Email TimestampSubmitted Status Ronald DHinds rdhinds@verizon.net 10/9/2023 10:36:39 AM SENT Associated Case Party: TASACOM TECHNOLOGIES INC Name BarNumber Email TimestampSubmitted Status Benjamin Dunn bdunn@thompsoncoe.com 10/9/2023 10:36:39 AM SENT Associated Case Party: MMAROOFUL CHOUDHURY Name BarNumber Email TimestampSubmitted Status Morgan Wells mwells@thompsoncoe.com 10/9/2023 10:36:39 AM SENT