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I
1/18/2024 12:12 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Treva Parker-Ayodele DEPUTY
CAUSE NO. DC-13-13354
RENATE NIXDORF GmbH & CO. KG IN THE DISTRICT COURT OF
and WATERCREST PARTNERS, L.P.,
Plaintiffs,
v. 191st JUDICIAL DISTRICT
TRA MIDLAND PROPERTIES, LLC.,
ETAL.
Defendants. DALLAS COUNTY, TEXAS
APPENDIX PART FIVE TO DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES
Exursit | DESCRIPTION
OF EXHIBIT APPENDIX PAGES
Cc Brian Lauten, P.C.’s Fee Statements Continued 716 — 727
D Kelsoe, Khoury, Rogers & Clark, P.C.’s Fee Statements 728 — 756
E Andrew R. Korn, PLLC’s Fee Statements 757 — 787
RESPECTFULLY SUBMITTED BY:
/s/ C. Gregory Shamoun
C. GREGORY SHAMOUN
State Bar No. 18089650
g@snlegal.com
BRIANK. NORMAN
State Bar No. 00797161
bkn@snlegal.comfi
STEPHEN R. TITTLE, JR.
State Bar No. 24028043
s@snlegal.com
SHAMOUN & NORMAN, LLP
1800 Valley View Lane, Suite 200
Farmers Branch, Texas 75234
Telephone: (214) 987-1745
Facsimile: (214) 521-9033
COUNSEL FOR PILLAR INCOME ASSET
MANAGEMENT, _INC., TRANSCONTINENTAL
REALTY INVESTORS, INc., AMERICAN
REALTY INvEsTorS, INC., WINTER SUN
MANAGEMENT, INc., H198, LLC, TRIAD
REALTY SERVICES, LTD., REGIS REALTY
APPENDIX PART FIVE TO DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES PAGE 1 OF 2
4617081
PRIME, LLC., AND LONGFELLOW ARMS
APARTMENTS, LTD.
/s/ Stephen Khoury
STEPHEN A. KHOURY, #11377500
SEAN T. SEAY, #24098950
KELSOE, KHOURY, ROGERS & CLARK,
P.C.
5323 Spring Valley Rd., Suite 350
Dallas, Texas 75254
Telephone: (972) 661-2227
Fax: (972) 233-4971
Emails: sakhoury@ kelsoe-law.com
rseay@kelsoe-law.com
COUNSEL FOR TRA MIDLAND PROPERTIES,
LLC; MIDLAND RESIDENTIAL INVESTMENT,
LLC; AND TRA APT West TX, L.P.
CERTIFICATE OF SERVICE
This is to certify that, on this 17th day of January, 2024, in accordance with the Texas
Rules of Civil Procedure, a true and correct copy of the above and foregoing has been forwarded
to all counsel of record:
/s/ Hailey Moore
Hailey Moore
APPENDIX PART FIVE TO DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES PAGE 2 0F 2
461708_1
EXHIBIT C
Brian Lauten, P.C.
Invoice 1360
3811 Turtle Creek Bivd., Suite 1450
Dallas, TX 75219
214-414-0996
mlogan@brianlauten.com
BILLTO
Mark Cooper DATE JE ee a DUE DATE
05/26/2022 En) 05/26/2022
44 00
ab plete 600pes
DATE DESCRIPTION
K 2, TIME RATE AMOUNT
04/05/2022 Meeting and strategy session with S. Khoury and G. Shamoun; r dulinw’s 615.00 3,075.00
analyze binder of documents; outline claims and defenses and trial
strategy
04/05/2022 Attend meeting with G. Shamoun, B. Norman, and other counsel; 6.60 400.00 2,640.00
begin analyzing pleadings and reviewing deposition transcripts to
gather strategic information; confer with B. Norman re: delegation of
action items (Motion to Withdraw/Substitute Counsel and Motion for
Continuance)
04/06/2022 Review and analyze case materials prepared for meeting meeting; 4.40 400.00 1,760.00
analyze live pleadings and outstanding motions; draft memo with list
of pre-trial materials and outstanding tasks; review and anaylze
Motion to Exclude hearing transcript and notate excluded documents
04/07/2022 Continue analyzing file, exhibits, deposition tesim@rs% ‘e for 615.00 3,075.00
hearing on request for continuance; pursue wittgiasi Sf:
substitution; prepare for hearing
04/08/2022 Prepare for hearing; argue continuance; interface with counsel and 615.00 1,230.00
the court; pursue strategy
04/08/2022 Revise and edit Motion for Continuance and Motion to Substitute 0.60 400.00 240.00
Counsel
04/08/2022 Create organization chart of entities involved in lawsuit to gain 400.00 1,600.00
understanding of business structure; trace transfers between entities
based on deposition testimony and allegations in Plaintiffs’ live
petition; create memo of questions in preparation for strategy meeting
ahead of trial setting
04/12/2022 Continue preparing for trial; outline topics for C. Brauss deposition; 615.00 2,460.00
pursue strategy
04/13/2022 Continue analyzing file; continue preparing for trial; read and analyze 615.00 3,690.00
multiple depositions; prepare for the deposition of C. Brauss; pursue
strategy
04/13/2022 Draft Motion to Withdraw and Substitute Counsel to replace prior 1.40 400.00 560.00
counsel for Shaw witth ouf firrt; confer with prior counsel and co-
counsel to determine agreeability
DATE DESCRIPTION TIME RATE AMOUNT
04/14/2022 Continue trial preparation; continue outlining claims, defenses, 615.00 3,690.00
needed witnesses; analyze pleadings and TUFTA statute; continue
pursuing trial strategy
04/15/2022 Analyze prior pretrial filings; interface with client on payments; 5.50 615.00 3,382.50
continue preparing for trial and pretrial conference
04/16/2022 Prepare for the deposition of C. Brauss; analyze multiple prior 615.00 3,690.00
depositions; analyze and outline cross examination; analyze
testimony of prior witnesses; analyze accounting testimony,
pleadings, and prior exhibits; pursue cross examination strategy
04/47/2022 Continue preparing for the deposition of C. Brauss; continue 2.50 615.00 1,537.50
preparing cross examination and topical outline; pursue strategy
04/17/2022 Prepare for deposition of Christine Brauss by reviewing prior 8.20 400.00 3,280.00
deposition testimony; analyze live pleadings and draft outline stfetegy
for our clients' defense; review and analyze deposition testimony of
Gene Bertcher; analyze deposition testimony of Craig Landess;
review and analyze transcript of Motion to Exclude hearing to ensure
documents used in reliance for trial are properly produced
documents; continue famialiarizing with the contents of the file in
preparation for trial and upcoming deposition
04/18/2022 Continue preparing for C. Brauss deposition; depose witness; pursue 615.00 4,920.00
cross examination; obtain favorable testimony; update clients; pursue
dismissal strategy
04/18/2022 Attend deposition of Christine Brauss; notate important testimony in 3.40 400.00 1,360.00
preparation for clients' defense outline; pursue strategy
04/18/2022 Prepare for upcoming mock jury trial by drafting timeline of important 3.30 400.00 1,320.00
events leading up to pending lawsuit; become familiar with allegations
and deposition testimony to ensure representations are not in conflict
with prior testimony; prepare memo with important questions and
talking points for mock jury presentation to ensure comprehensive
coverage of topics
04/19/2022 Continue preparing for trial: participate in mock trial; outline 615.00 5,535.00
arguments, themes, and theories from focus group; continue pursuing
trial strategy
04/19/2022 Attend mock jury deliberation to gain insight into jury interpretation of 6.60 400.00 2,640.00
key facts of case; analyze results for each juror based on
demographic data
04/22/2022 Review and analyze plaintiff's corporate representative deposition 7.50 615.00 4,612.50
testimony; outline weaknesses for trial; continue preparing motion in
limine to exclude certain evidence; analyze case-law for excluding
testimony germane to Brauss fgeing the country; continue preparing
for trial
04/26/2022 Prepare for trial and pretrial Conference; prepare for meeting with S. 615.00 3,075.00
Khoury; meet with witnesses and S. Khoury re: trial preparation;
pursue strategy
04/26/2022 Review and analyze prior deposition testimony in preparation for 4.30 400.00 1,720.00
meeting with LaJone, S. Khoury, and R. Seay re: separation and
strategy of TRA business structure and funds; notate important facts
and documents in preparation for meeting; attend meeting with
LaJone and G. Bertcher re: strategy for trial
DATE DESGRIETION ThE RATE AMOUNT
04/26/2022 Be xing, reviewing and analyzing Pillar document production 0 400.00 1,640.00
in documents related to Carter, Sunchase, and/or Shaw
that would indicate contractual settlement agreement of acceptance
of funds in satisfaction of preexisting debf; pursue trial strategy
04/27/2022 Continue analyzing pretrial materials; continue analyzing file, 6.50 615.00 3,997.50
pleadings, discovery, and pursue trial strategy; prepare for pretrial
conference; continue analyzing deposition testimony; pursue strategy
04/28/2022 Continue preparing fet ‘ial; continue analyzing deposition testimony; 615.00 3,075.00
analyze jury chargé; G:zsue strategy
04/29/2022 Conference call witti ¥. Harlow; prepare for hearing on motion for 615.00 4,305.00
continuance; argue motion; obtain favorable ruling; provide status
update to client; pursue strategy
04/29/2022 Prepare agenda for status conference hearing to ensure 4.40 400.00 1,760.00
comprehensive coverage of outstanding topics; cotninue conducting
document review of Pillars previously-produced documents in search
of hot documents in preparation for trial; begin reviewing previously-
filed pre-trial materials to determine strategy for updating same
RETAINER 25,000.00
Renate Nixdorf GmbH & CO KG, and Watercrest Partners, L.P v
TRA Midland Properties, LLV et al.
TOTAL DUE $10 00
THANK YOU
S[C resi Ce — WH 4A, 000
“he. ooo
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ee
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Brian Lauten, P.C.
Invoice 1368
3811 Turtle Creek Blvd., Suite 1450
Le Dallas, TX
214-414-0996
75219
mlogan@brianlauten.com
BILLTO
Mark Cooper
DATE lel =/NS} leaf DUE DATE
06/27/2022 Rr Mss] odu bs) 06/27/2022
DATE DESCRIPTION TIME RATE AMOUNT
wo
05/02/2022 Prepare for pretrial conference: continue analyzing motions in limine, 6.50 615.00 3,997.50
exhibits, continue analyzing testimony; outline and analyze Plaintiffs’
expert's testimony; trial preparation; pursue strategy
05/03/2022 Begin reviewing and analyzing deposition of Corporate Rep for 3.30 400.00 1,320.00
preparation for trial strategy; analyze notes from co-counsel
re: trial strategy and division of work; begin deposition summary of
same with important testimony highlighted in preparation for
deposition designations
05/03/2022 Continue analyzing Plaintiffs' expert's testimony; continue preparing 615.00 1,230.00
for pretrial conference and for trial; analyze pretrial filings; pursue
strategy
05/04/2022 Analyze pretrial filings prepared by prior counsel; draft memo 4.20 400.00 1,680.00
summarizing pre-trial documents for reference in pre-trial conference;
draft questions and topics in preparation for meeting with co-counsel;
attend meeting with co-counsel to discuss pretrial hearing strategy;
notate discussion points and action items discussed in meeting
08/04/2022 Continue analyzing deposition testimony of Nixdorf's corporate 2.40 400.00 960.00
representative; finalize important designations with eye towards
testimony to use for impeachment purposes at trial; continue
reviewing deposition testimony of Craig Landess and prepare
corresponding deposition summary; compare and contrast witness
lists and notes from pre-trial meeting to ensure proper witnesses and
exhibits are designated
05/04/2022 Prepare for meeting with co-counsel and strategy session for pretrial 615.00 4,920.00
conference; meet with S. Khoury, G. Shamoun, and B. Norman re:
exhibits, witnesses, motions in limine, pretrial strategy, and trial
strategy; continue preparing for pretrial hearing
05/05/2022 Prepare for pretrial hearing; organize previously-filed pretrial 4.50 400.00 1,800.00
documents; review and analyze relevant Motions in Limine and
prepare response arguments to Plaintiffs' objections to same; review
and analyze Plaintiffs' witness list; pursue strategy
DATE DESCRIPTION TIME RATE AMOUNT
05/05/2022 Continue preparing for pretrial hearing; outline arguments for motions 6.80 615.00 41 82.00
in limine hearing; continue analyzing deposition testimony; prepare
for hearing; pursue trial strategy
05/06/2022 Attend and participate in pre-trial hearing; notate court rulings; notate 400.00 2,800.00
briefing requests; confer with co-counsel re: strategy for same; obtain
favorable rulings on objections and Motions in Limines
05/06/2022 Prepare for pretrial conference and pretrial hearing; attend hearing; 615.00 5,535.00
argue motions; obtain favorable rulings; continue preparing for trial
05/09/2022 Review and analyze all three Moos’ depositions; prepare trial cross 615,00 3,075.00
examination; analyze jury charge issues; continue preparing for trial
05/10/2022 Review and analyze Plaintiffs’ expert's deposition; draft and prepare 615.00 3,690.00
cross examination; review and analyze Defendant's expert's valuation
deposition; outline potential direct examination; conference call with
S, Khoury re: trial strategy; continue preparing for trial
05/16/2022 Continue preparing for trial; conference call with D. Carter; pursue 615.00 3,075.00
trial strategy
05/19/2022 Attend conference call with client D. Carter re: strategy for his 400.00 400.00
defense at trial, structure of representation, and plans for travel;
notate outcome of conference call for file; pursue strategy
05/49/2022 Conference call with D. Carter; conference call with M. Cooper, B. 615.00 1,845.00
Norman, and M. Cooper re: continue analyzing deposition testimony;
continue analyzing trial exhibits; continue preparing for trial
05/25/2022 Review transcript from Pre-Trial Hearing to ensure accurate notes re: 2.20 400.00 880.00
Motions in Limine and objections to witnesses; craete memo
reflecting same to properly track Court's rulings on same
05/25/2022 Analyze prior opinions in Nixdorf; prepare memorandum to G. 615.00 2,460.00
Shamoun re: trial defenses; continue preparing for trial; pursue
strategy
Special Delivery Inv 664667 Courier 20.65
Preferred Legal Services Inv 96713 - Court reporter 726.00
TOTAL DUE $44,596.15
THANK YOU.
Brian Lauten, P.C,
Invoice 1371
3811 Turtle Creek Bivd., Suite 1450
Dallas, TX 75219
214-414-0996
mlogan@briantauten.com
BILL TO
Mark Cooper
DATE aA ae DUE DATE
07/28/2022 PATER I) 07/28/2022
DATE DESGRIPTION TIME RATE AMOUNT
06/15/2022 Prepare for meeting with client, Sunchase; conference with Sunchase 615.00 1,845.00
client; pursue strategy
06/21/2022 Prepare for hearing on motion/trial setting; argue motion; audit trail of 615.08 3,690.00
distributions in and distributions out, per defendant; analyze alleged
transfers; prepare for trial
06/22/2022 Prepare for meeting and strategy session; continue tracing 5.50 615.00 3,382.50
distributions in and distributions out; pursue trial strategy for
defending claims
06/24/2022 Continue analyzing testimony, defendants trial exhibits, plaintiffs trial 8.50 615.00 5,227.50
exhibits, and various filings re: prepare distribution and audit trail of
payments on alleged transfers; continue preparing for trial
06/27/2022 Create agenda for pre-trial meeting with co-counsel to ensure 400.00 400.00
coverage of relevant topics in preparation for pretrial hearing; create
notebook with relevant pretrial documents for meeting
06/28/2022 Strategy meeting at G. Shamoun's office re: prepare for pretrial 615.00 4,305.00
hearing, prepare for trial, prepare for oral argument; pursue strategy
06/28/2022 Prepare for meeting with co-counsel to review pretrial matters; drive 5.80 400.00 2,320.00
to Farmers Branch for meeting; attend and participate in meeting,
discussing Defendants’ objections to Plaintiffs’ proposed exhibit list;
create short sheet of remaining MILs that require rulings; organize
Defendants' duplicative exhibits and compare with Plaintiffs; exhibits
to ensure accurate list of exhibits sought to be pre-admitted; complete
chart with corresponding Defendants' exhibits and transmit to co-
counsel; prepare supplemental pretrial filings for filing and file same
06/29/2022 Prepare for pretrial confernece; argue pretrial motions; attend pretrial 10 615.00 6,150.00
hearing; pursue strategy
06/29/2022 Attend continuation of pretrial hearing; notate judge's rulings on 6,90 400.00 2,760.00
various exhibits; notate important briefing points for next pretrial
hearing; draft memo summary of hearing
07/05/2022 Prepare for trial; review and analyze plaintiffs’ trial exhibits and 9.50 615.00 5,842.50
defendants’ trial exhibits; prepare jury charge; continue preparing
distribution sheet, tracing funds paid; pursue strategy
ase
DATE DESCRIPTION IME RATE AMOUNT
07/05/2022 Analyze transcript of previous pre-trial hearing and confirm court's 4,90 400.00 760.00
rulings on various exhibits; notate action items based on court's
requested briefing issues and transmit to co-counsel for review
07/06/2022 Prepare for trial; pursue research on whether a secured lender can be 10.80 615.00 6,642.00
“any creditor" under TUFTA statute; locate favorable case-law;
prepare trial brief in support of the inadmissibility of the alleged Arbor
loan; continue analyzing the testimony of defense expert, Grace;
continue trial preparation; multiple conference calis and strategy
sessions with co-counsel
07/07/2022 Continue preparing for trial; prepare jury charge and special issues; 7.50 615.00 4,612.50
analyze Plaintiffs’ jury charge, pretrial motions, and continue
preparing for pretrial hearing; outline voir dire questions
07/07/2022 Analyze deposition testimony and deposition summary of Watercrest 2.70 400.00 1,080.00
in preparation for upcoming cross examination; conduct legal
research re: weight of corporate representative testimony and draft
brief memo reflecting findings and citations; draft possible cross
examination questions ahead of conference with co-counsel
07/08/2022 Continue preparing for pretrial hearing; argue pretrial motions; argue 10.30 615.00 6,334.50
motions in limine, designations of depositions, argue the
inadmissibility of alleged Arbor loan and arbor fraud; analyze
Plaintiffs’ demonstrative aids; outline opening statement; prepare for
cross examination of Plaintiffs' witnesses; pursue trial strategy
07/08/2022 Attend third and final pre-trial conference to discuss and obtain 740 400.00 2,960.00
rulings on pre-admitted exhibits, deposition designations, and other
relevant matters; notate the court's rulings on same; create short
sheet chart with all relevant rulings on pretrial materials for ease of
access at trial; draft brief memo reflecting court's temperature re:
certain pretrial matters to ensure cooperation and coverage of same
issues
07/09/2022 Continue preparing for trial; draft cross examination of Nixdorf 7.50 615.00 4,612.50
corporate representative; prepare for voir dire; continue preparing
distribution sheet, thereby tracing alleged fraudulent wire transfers to
all defendants; multiple conferences with co-counsel; pursue trial
strategy
07/09/2022 Analyze deposition testimony and deposition summary of Nixdorf 400.00 4,600.00
corporate representative in preparation for trial; notate cross
examination questions; analyze mock jury notes and findings with eye
towards possible voir dire questions for trial; notate potential voir dire
questions and confer with B, Lauten re: same; pursue trial strategy
07/10/2022 Draft trial brief on the inadmissiblity of alleged non-party fraud; finalize 9.50 615.00 5,842.50
list of voir dire questions; circulate to co-counsel; analyze Plaintiffs’
summary judgment motion and Plaintiffs’ argument that they do not
have to prove value at the time of the transfer; pursue westlaw
research; pursue trial strategy :
07/10/2022 Confer with K. Wells and R. Seay re: preadmitted exhibits for Plaintiffs 4.50 400.00 600.00
and Defendants; update exhibit chart with same; compare and
contrast discrepencies with transcript from pretrial hearing to confirm
accuracy; transmit updated chart and exhibit short sheet to K, Wells
and R. Seay; file agenda with outstanding pretrial matters ahead of
jury selection; pursue trial strategy
DATE DESCRIPTION TIME RATE AMOUNT
07/11/2022 Trial--day 1; voir dire; pretrial motions; prepare for trial day 2; prepare 13 615.00 7,995.00
for cross examination of Plaintiffs' corporate representatives; prepare
cross examination of S, Brauss; prepare to argue supplemental
motion in limine
07/11/2022 Prepare juror short sheet and chart ahead of jury selection; attend 1 400.00 4,400.00
trial day 1, consisting of jury selection and nominal pre-trial matters;
track juror answers and notate important findings; assist in setection
of jurors; assist in preparation of opening statements and confer re:
important topics for jury to hear; pursue trial strategy
07/12/2022 Trial--day 2; opening statement, argue further pretrial and tial 11.80 615.00 7,257.00
motions; cross examine Plaintiffs’ corporate representative; prepare
for trial day 3
07/12/2022 Prepare notes and memo ahead of opening statement to ensure 9.30 400.00 3,720.00
comprehensive capture of important points; attend trial day 2,
consisting of opening statements, nominal pre-trial matters, and direct
and cross examination of Nixdorf corporate representative; prepare
memo reflecting important testimony from the day in preparation for
additional cross examination; pursue trial strategy
07/13/2022 Trial--day 3; continue cross examination of Plaintiffs' corporate 615.00 4,920.00
representative; mistrial
07/13/2022 Prepare notes and memo ahead of additional cross examination fo 7.80 400.00 3,120.00
Nixdorf corporate representative; begin preparing notes and memo.
ahead of testimony from G. Bertcher; attend trial day 3, consisting of
cantinuation of examination of Nixdorf corporate representative;
prepare memo reflecting important testimony and notes for next trial
setting; finalize notes from present trial setting; case ends in mistrial
Del-Phi Trial Notebooks 1,844.26
Specail Delivery Inv 670590 trial documents delivered to/from the 151.10
courthouse
TOTAL DUE $104,373.86
THANK YOU.
Brian Lauten, P.C.
3811 Turtle Creek Blvd., Suite 1450
) Dallas, TX
214-414-0996
75219
mlogan@brianlauten.com
INVOICE
BILL TO INVOICE # 1420
Mark Cooper DATE 03/20/2023
DUE DATE 03/20/2023
TERMS Due on receipt
DATE DESCRIPTION TIME RATE AMOUNT
02/22/2023 Analyze prior trial transcripts germane to opening statements; 7.50 615.00 4,612.50
prepare for opening statement; prepare for trial; pursue trial
strategy
02/23/2023 Prepare for the hearing on the motion for protection and motion to 615.00 5,535.00
compel; attend hearing and argue motion; prepare for voir dire
and opening statement; conference call with Counsel re:
agreements on objections regarding C. Brauss testimony; prepare
for trial
02/23/2023 Continue assisting in preparation of trial materials; review and 400.00 2,800.00
analyze deposition of Christine Martin; create deposition summary
for same; review testimony from first trial of Nixdorf corporate
representative for preparation of cross examination; notate
important testimony; draft transcript summary for same
02/24/2023 Prepare for trial; voir dire, opening statement, etc; pursue trial 8.50 615.00 5,227.50
strategy
02/24/2023 Discuss different options for presentment of opening statement 6.50 400.00 2,600.00
with B. Lauten; prepare powerpoint and timeline for opening
statement; prepare draft list of questions for voir dire; review prior
trial transcripts to ensure comprehensive coverage of issues in
voir dire
02/26/2023 Prepare for trial 615.00 5,535.00
02/27/2023 Trial 13 615.00 7,995.00
02/27/2023 Prepare for jury selection; attend trial 11.50 400.00 4,600.00
02/28/2023 Trial 13 615.00 7,995.00
02/28/2023 Prepare for trial; attend trial 10 400.00 4,000.00
03/01/2023 Prepare for trial; trial 7.50 615.00 4,612.50
03/01/2023 Prepare for trial by reviewing and analyzing deposition of Warren 400.00 2,800.00
Harmel; notate important testimony; attend trial; Continue
preparation for trial; finish reviewing deposition of Warren Harmel;
create deposition summary and outline for cross examination;
begin preparing for examinationj of Dr. Stephen Grace by
Brian P. Lauten - $615
Kaylee Vantstory - $400
DATE DESCRIPTION TIME RATE AMOUNT
reviewing deposition and highlighting important testimony;
conduct research into prior testimony and articles
03/02/2023 Prepare for trial; trial 8.50 615.00 5,227.50
03/02/2023 Attend trial; meet with all counsel re: strategy for moving forward 3.20 400.00 1,280.00
03/03/2023 Prepare for trial; trial 8.50 615.00 5,227.50
03/03/2023 Prepare for trial by reviewing deposition of Nixdorf; review prior 4.50 400.00 4,800.00
deposition summary; prepare outline for cross examination;
analyze depo desginations to determine changes; review changes
with B. Lauten
03/08/2023 Prepare for trial 615.00 3,075.00
03/06/2023 Trial 11.50 615.00 7,072.50
03/06/2023 Prepare for trial; attend trial 400.00 3,600.00
03/07/2023 Trial 12 615.00 7,380.00
03/07/2023 Prepare for trial; attend trial 400.00 3,600.00
03/07/2023 Begin drafting Motion for Directed Verdict; organize trial testimony 2.80 400.00 1,120.00
for motion; conduct legal research re: good faith transferee
defense
03/08/2023 Trial 11.80 615,00 7,257.00
03/08/2023 Prepare for trial; attend trial; prepare Motion to take Judicial 400.00 3,600.00
Notice of Adjudicative Fact; file same
03/09/2023 Trial 13 615.00 7,995.00
03/09/2023, Prepare for trial; attend trial; Continue drafting Motion for Directed 400.00 3,200.00
Verdi begin preparing outline of additional arguments for
motion; continue legal research with eye towards alter ego
elements, required elements of TUFTA claims
03/10/2023 Trial 4 615.00 6,765.00
03/40/2023 Prepare for trial; attend trial 400.00 3,600.00
03/11/2023 Prepare for trial 615.00 1,230.00
03/14/2023 Continue drafting directed verdict; input additional arguemnts re: 3.50 400.00 1,400.00
elements of TUFTA claims - "asset," insolvency, and badges of
fraud
03/12/2023 Prepare for trial 615.00 1,845.00
03/12/2023 Finish drafting Motion for Directed Verdict; finalize arguments; 5.50 400.00 2,200.00
input additional arguments at request of B. Norman; review and
analyze transcript summaries and daily transcripts in search of
testimony to support arguments in motion
03/13/2023 Trial 1 615.00 6,765.00
03/43/2023 Review and revise Motion for Directed Verdict; prepare for filing; 10 400.00 4,000.00
prepare oral argument; argue same; attend trial
03/14/2023 Trial 12 615.00 7,380.00
03/14/2023 Prepare for trial; attend trial 14.50 400.00 5,800.00
03/15/2023 Trial 11,50 615.00 7,072.50
03/15/2023 Prepare for trial; attend trial (charge conference); assist in 10 400.00 4,000.00
preparation of closing statement
03/16/2023 Trial 615.00 4,920.00
03/16/2023 Prepare for trial; attend trial; assist in presentment of closing 14 400.00 4,400.00
statements; wail for return of jury verdict
03/17/2023 Trial 615.00 4,920.00
Brian P. Lauten - $615
Kaylee Vantstory - $400
DATE DESCRIPTION TIME RATE AMOUNT
03/17/2023 Attend trial; wait for return of jury verdict; attend presentment of 13.50 400.00 5,400.00
jury verdict
Courthouse parking for B Lauten 130.00
Courthouse parking for K Vanstory 130.00
ee
BALANCE DUE
Brian P. Lauten - $615
Kaylee Vantstory - $400
EXHIBIT D
Kelsoe, Khoury, Rogers & Clark, PC
5323 Spring Valley Rd., Suite 350
Dallas, Texas 75254
Ph:(972) 661-2227 Fax:(972) 233-4971
TRA Midland Properties, LLC, et al May 7, 2022
c/o Gregory Shamoun (Shamoun & Norman)
1800 Valley View Ln, Ste 200
Farmers Branch, TX 75234 USA
File #; 931-223
Attention: Inv # 22067
RE: Renate Nixdorf GmbH & Co. KG and Watercrest Partners, L.P.
DATE DESCRIPTION HOURS AMOUNT LAWYER
Apr-05-22 Initial meeting regarding new case with all 2.75 1,320.00 RS
counsel.
Attend initial counsel meeting regarding new 5.50 3,850.00 SK
case, status and preparation for trial of May
16; initial cursory review of client/case
materials; preparation of retainer/billing
agreement and forward same to client.
Apr-07-22 Review and analysis of case materials. 2.00 1,400.00 SK
Apr-08-22 Reviewed emails with all counsel; reviewed 3.25 1,560.00 RS
motion for continuance, substitution; prepared
for hearing; attended hearing via Zoom;
reviewed case file, deposition, case
information packet.
Reviewed emails from all counsel. Attend 2,00 1,400.00 SK
zoom hearing on Martin deposition; review
and preparation of correspondence with other
counsel regarding depos, status and Motion for
Continuance.
Apr-11-22 Review of case documents and 3.50 2,450.00 SK
correspondence/emails of parties and counsel;
review court transcripts.
Invoice #: 22067 Page 2 May 7, 2022
Apr-12-22 Continued review and analysis of case 6.00 4,200.00 SK
documents, deposition transcripts and
correspondence between counsel,
Apr-13-22 Review of case documents; conference call 3.75 2,625.00 sK
with Kom, Donohue, Norman and Lauten
regarding trial preparation and Martin depo.
Review and analyze emails from all counsel.
Apr-14-22 Review of case documents; phone conference 6.50 4,550.00 SK
with L. Friedman regarding background facts;
phone conference with Mark Cooper regarding
same; preparation for Christine Martin depo
and trial.
Apr-15-22 Continued review of case documents; 7.50 5,250.00 SK
complete cursory review of LaJone depo;
begin review of Bertcher depos; trial
preparation and preparation of for Christine
Martin depo. Review of emails among all
counsel.
Apr-16-22 Continued review and analysis of case 11.50 8,050.00 SK
documents and trial preparation; preparation
for depo of Christine Brauss Martin.
Apr-17-22 Continued review and analysis of case 5.25 3,675.00 Sk
documents; trial preparation; preparation for
taking depo of Christine Brauss Martin.
Apr-18-22 Reviewed file, deposition, proposed questions, 1,50 720.00 RS
Continued preparation for Martin depo; travel 9.75 6,825.00 Sk
to and take deposition of Christine Martin,
Apr19-22 Attended theme testing via stream; reviewed 8.00 3,840.00 RS
file, pleadings, deposition summaries.
Attend mock jury presentation and review of 9.50 6,650.00 SK
documents; office conference with R. Seay
regarding case and mock jury assessment;
review of case documents and trial
preparation.
Apr-20-22 Conference with S. Khoury regarding case, 3.25 1,560.00 RS
witnesses; reviewed deposition of Nixdorf
corporate representative, Bertcher; conference
call with S. Khoury and previous counsel
Invoice #: 22067 Page 3 May 7, 2022
regarding depositions, case chronology.
Trial preparation; review and analysis of case 6.75 4,725.00 SK
documents; phone conference with B. Lauten
regarding status and strategy; conference call
with Bertcher and LaJone regarding case
preparation and meeting and background facts;
review of rough draft of Christine Martin
deposition.
Apr-21-22 Reviewed file, documents, depositions, 1.75 840.00
Trial preparation; review and analysis of case 9.00 6,300.00 SK
documents and production of docs by both
parties; initial review and analysis of Nixdorf
expert and case summary disclosures; initial
review and analysis of deposition testimony of
Nixdorf expert, Stephen Grace.
Apr-22-22 Travel to and meet with J. LaJone and G. 6.25 4,375.00 SK
Bertcher regarding trial preparation; strategy
and document review; continued review of
case documents provided by Bertcher on new
zip drive,
Apr-23-22 Continued review and analysis of case 2.00 1,400.00 SK
documents.
Apr-25-22 Office conference with S. Khoury, K. 2.50 1,200.00 RS
Houillion regarding case factual background,
next steps; reviewed depositions, case file,
documents.
Continued review of documents produced by J. 2.25 1,575.00 SK
LaJone; phone conference with G. Bertcher
regarding same; office conference with R.
Seay and K. Houillion regarding status;
strategy and trail wok to be prepared and
accomplished before trial.
Office conference with S.Khoury and R. Seay 1.00 425.00
regarding new suit and need for detailed
review of Plaintiff expert's testimony for trial
motion in limine.
Apr-26-22 Reviewed depositions, case file, documents, 6.50 3,120.00 RS
pleadings; prepared for client meeting,
Invoice #: 22067 Page 4 May 7, 2022
witness prep; attended client meeting.
‘Trial preparation; review and analysis of 7.00 4,900.00 SK
case/trial docs; travel to meeting with J.
LaJone, Bertcher, R. Seay and B. Lauten.
Apr-27-22 Reviewed expert depositions, case file, 3.75 1,800.00 RS
documents, pleadings; reviewed pretrial
documents, motions in limine; reviewed
document production,
Trial preparation and review of case 4.00 2,800.00 sk
documents, Review and preparation of emails
among counsel.
Begin review a
Preview
I 1/18/2024 12:12 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Treva Parker-Ayodele DEPUTY CAUSE NO. DC-13-13354 RENATE NIXDORF GmbH & CO. KG IN THE DISTRICT COURT OF and WATERCREST PARTNERS, L.P., Plaintiffs, v. 191st JUDICIAL DISTRICT TRA MIDLAND PROPERTIES, LLC., ETAL. Defendants. DALLAS COUNTY, TEXAS APPENDIX PART FIVE TO DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES Exursit | DESCRIPTION OF EXHIBIT APPENDIX PAGES Cc Brian Lauten, P.C.’s Fee Statements Continued 716 — 727 D Kelsoe, Khoury, Rogers & Clark, P.C.’s Fee Statements 728 — 756 E Andrew R. Korn, PLLC’s Fee Statements 757 — 787 RESPECTFULLY SUBMITTED BY: /s/ C. Gregory Shamoun C. GREGORY SHAMOUN State Bar No. 18089650 g@snlegal.com BRIANK. NORMAN State Bar No. 00797161 bkn@snlegal.comfi STEPHEN R. TITTLE, JR. State Bar No. 24028043 s@snlegal.com SHAMOUN & NORMAN, LLP 1800 Valley View Lane, Suite 200 Farmers Branch, Texas 75234 Telephone: (214) 987-1745 Facsimile: (214) 521-9033 COUNSEL FOR PILLAR INCOME ASSET MANAGEMENT, _INC., TRANSCONTINENTAL REALTY INVESTORS, INc., AMERICAN REALTY INvEsTorS, INC., WINTER SUN MANAGEMENT, INc., H198, LLC, TRIAD REALTY SERVICES, LTD., REGIS REALTY APPENDIX PART FIVE TO DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES PAGE 1 OF 2 4617081 PRIME, LLC., AND LONGFELLOW ARMS APARTMENTS, LTD. /s/ Stephen Khoury STEPHEN A. KHOURY, #11377500 SEAN T. SEAY, #24098950 KELSOE, KHOURY, ROGERS & CLARK, P.C. 5323 Spring Valley Rd., Suite 350 Dallas, Texas 75254 Telephone: (972) 661-2227 Fax: (972) 233-4971 Emails: sakhoury@ kelsoe-law.com rseay@kelsoe-law.com COUNSEL FOR TRA MIDLAND PROPERTIES, LLC; MIDLAND RESIDENTIAL INVESTMENT, LLC; AND TRA APT West TX, L.P. CERTIFICATE OF SERVICE This is to certify that, on this 17th day of January, 2024, in accordance with the Texas Rules of Civil Procedure, a true and correct copy of the above and foregoing has been forwarded to all counsel of record: /s/ Hailey Moore Hailey Moore APPENDIX PART FIVE TO DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES PAGE 2 0F 2 461708_1 EXHIBIT C Brian Lauten, P.C. Invoice 1360 3811 Turtle Creek Bivd., Suite 1450 Dallas, TX 75219 214-414-0996 mlogan@brianlauten.com BILLTO Mark Cooper DATE JE ee a DUE DATE 05/26/2022 En) 05/26/2022 44 00 ab plete 600pes DATE DESCRIPTION K 2, TIME RATE AMOUNT 04/05/2022 Meeting and strategy session with S. Khoury and G. Shamoun; r dulinw’s 615.00 3,075.00 analyze binder of documents; outline claims and defenses and trial strategy 04/05/2022 Attend meeting with G. Shamoun, B. Norman, and other counsel; 6.60 400.00 2,640.00 begin analyzing pleadings and reviewing deposition transcripts to gather strategic information; confer with B. Norman re: delegation of action items (Motion to Withdraw/Substitute Counsel and Motion for Continuance) 04/06/2022 Review and analyze case materials prepared for meeting meeting; 4.40 400.00 1,760.00 analyze live pleadings and outstanding motions; draft memo with list of pre-trial materials and outstanding tasks; review and anaylze Motion to Exclude hearing transcript and notate excluded documents 04/07/2022 Continue analyzing file, exhibits, deposition tesim@rs% ‘e for 615.00 3,075.00 hearing on request for continuance; pursue wittgiasi Sf: substitution; prepare for hearing 04/08/2022 Prepare for hearing; argue continuance; interface with counsel and 615.00 1,230.00 the court; pursue strategy 04/08/2022 Revise and edit Motion for Continuance and Motion to Substitute 0.60 400.00 240.00 Counsel 04/08/2022 Create organization chart of entities involved in lawsuit to gain 400.00 1,600.00 understanding of business structure; trace transfers between entities based on deposition testimony and allegations in Plaintiffs’ live petition; create memo of questions in preparation for strategy meeting ahead of trial setting 04/12/2022 Continue preparing for trial; outline topics for C. Brauss deposition; 615.00 2,460.00 pursue strategy 04/13/2022 Continue analyzing file; continue preparing for trial; read and analyze 615.00 3,690.00 multiple depositions; prepare for the deposition of C. Brauss; pursue strategy 04/13/2022 Draft Motion to Withdraw and Substitute Counsel to replace prior 1.40 400.00 560.00 counsel for Shaw witth ouf firrt; confer with prior counsel and co- counsel to determine agreeability DATE DESCRIPTION TIME RATE AMOUNT 04/14/2022 Continue trial preparation; continue outlining claims, defenses, 615.00 3,690.00 needed witnesses; analyze pleadings and TUFTA statute; continue pursuing trial strategy 04/15/2022 Analyze prior pretrial filings; interface with client on payments; 5.50 615.00 3,382.50 continue preparing for trial and pretrial conference 04/16/2022 Prepare for the deposition of C. Brauss; analyze multiple prior 615.00 3,690.00 depositions; analyze and outline cross examination; analyze testimony of prior witnesses; analyze accounting testimony, pleadings, and prior exhibits; pursue cross examination strategy 04/47/2022 Continue preparing for the deposition of C. Brauss; continue 2.50 615.00 1,537.50 preparing cross examination and topical outline; pursue strategy 04/17/2022 Prepare for deposition of Christine Brauss by reviewing prior 8.20 400.00 3,280.00 deposition testimony; analyze live pleadings and draft outline stfetegy for our clients' defense; review and analyze deposition testimony of Gene Bertcher; analyze deposition testimony of Craig Landess; review and analyze transcript of Motion to Exclude hearing to ensure documents used in reliance for trial are properly produced documents; continue famialiarizing with the contents of the file in preparation for trial and upcoming deposition 04/18/2022 Continue preparing for C. Brauss deposition; depose witness; pursue 615.00 4,920.00 cross examination; obtain favorable testimony; update clients; pursue dismissal strategy 04/18/2022 Attend deposition of Christine Brauss; notate important testimony in 3.40 400.00 1,360.00 preparation for clients' defense outline; pursue strategy 04/18/2022 Prepare for upcoming mock jury trial by drafting timeline of important 3.30 400.00 1,320.00 events leading up to pending lawsuit; become familiar with allegations and deposition testimony to ensure representations are not in conflict with prior testimony; prepare memo with important questions and talking points for mock jury presentation to ensure comprehensive coverage of topics 04/19/2022 Continue preparing for trial: participate in mock trial; outline 615.00 5,535.00 arguments, themes, and theories from focus group; continue pursuing trial strategy 04/19/2022 Attend mock jury deliberation to gain insight into jury interpretation of 6.60 400.00 2,640.00 key facts of case; analyze results for each juror based on demographic data 04/22/2022 Review and analyze plaintiff's corporate representative deposition 7.50 615.00 4,612.50 testimony; outline weaknesses for trial; continue preparing motion in limine to exclude certain evidence; analyze case-law for excluding testimony germane to Brauss fgeing the country; continue preparing for trial 04/26/2022 Prepare for trial and pretrial Conference; prepare for meeting with S. 615.00 3,075.00 Khoury; meet with witnesses and S. Khoury re: trial preparation; pursue strategy 04/26/2022 Review and analyze prior deposition testimony in preparation for 4.30 400.00 1,720.00 meeting with LaJone, S. Khoury, and R. Seay re: separation and strategy of TRA business structure and funds; notate important facts and documents in preparation for meeting; attend meeting with LaJone and G. Bertcher re: strategy for trial DATE DESGRIETION ThE RATE AMOUNT 04/26/2022 Be xing, reviewing and analyzing Pillar document production 0 400.00 1,640.00 in documents related to Carter, Sunchase, and/or Shaw that would indicate contractual settlement agreement of acceptance of funds in satisfaction of preexisting debf; pursue trial strategy 04/27/2022 Continue analyzing pretrial materials; continue analyzing file, 6.50 615.00 3,997.50 pleadings, discovery, and pursue trial strategy; prepare for pretrial conference; continue analyzing deposition testimony; pursue strategy 04/28/2022 Continue preparing fet ‘ial; continue analyzing deposition testimony; 615.00 3,075.00 analyze jury chargé; G:zsue strategy 04/29/2022 Conference call witti ¥. Harlow; prepare for hearing on motion for 615.00 4,305.00 continuance; argue motion; obtain favorable ruling; provide status update to client; pursue strategy 04/29/2022 Prepare agenda for status conference hearing to ensure 4.40 400.00 1,760.00 comprehensive coverage of outstanding topics; cotninue conducting document review of Pillars previously-produced documents in search of hot documents in preparation for trial; begin reviewing previously- filed pre-trial materials to determine strategy for updating same RETAINER 25,000.00 Renate Nixdorf GmbH & CO KG, and Watercrest Partners, L.P v TRA Midland Properties, LLV et al. TOTAL DUE $10 00 THANK YOU S[C resi Ce — WH 4A, 000 “he. ooo 0) => \s Un?*> As | bili Din ee “\Le Brian Lauten, P.C. Invoice 1368 3811 Turtle Creek Blvd., Suite 1450 Le Dallas, TX 214-414-0996 75219 mlogan@brianlauten.com BILLTO Mark Cooper DATE lel =/NS} leaf DUE DATE 06/27/2022 Rr Mss] odu bs) 06/27/2022 DATE DESCRIPTION TIME RATE AMOUNT wo 05/02/2022 Prepare for pretrial conference: continue analyzing motions in limine, 6.50 615.00 3,997.50 exhibits, continue analyzing testimony; outline and analyze Plaintiffs’ expert's testimony; trial preparation; pursue strategy 05/03/2022 Begin reviewing and analyzing deposition of Corporate Rep for 3.30 400.00 1,320.00 preparation for trial strategy; analyze notes from co-counsel re: trial strategy and division of work; begin deposition summary of same with important testimony highlighted in preparation for deposition designations 05/03/2022 Continue analyzing Plaintiffs' expert's testimony; continue preparing 615.00 1,230.00 for pretrial conference and for trial; analyze pretrial filings; pursue strategy 05/04/2022 Analyze pretrial filings prepared by prior counsel; draft memo 4.20 400.00 1,680.00 summarizing pre-trial documents for reference in pre-trial conference; draft questions and topics in preparation for meeting with co-counsel; attend meeting with co-counsel to discuss pretrial hearing strategy; notate discussion points and action items discussed in meeting 08/04/2022 Continue analyzing deposition testimony of Nixdorf's corporate 2.40 400.00 960.00 representative; finalize important designations with eye towards testimony to use for impeachment purposes at trial; continue reviewing deposition testimony of Craig Landess and prepare corresponding deposition summary; compare and contrast witness lists and notes from pre-trial meeting to ensure proper witnesses and exhibits are designated 05/04/2022 Prepare for meeting with co-counsel and strategy session for pretrial 615.00 4,920.00 conference; meet with S. Khoury, G. Shamoun, and B. Norman re: exhibits, witnesses, motions in limine, pretrial strategy, and trial strategy; continue preparing for pretrial hearing 05/05/2022 Prepare for pretrial hearing; organize previously-filed pretrial 4.50 400.00 1,800.00 documents; review and analyze relevant Motions in Limine and prepare response arguments to Plaintiffs' objections to same; review and analyze Plaintiffs' witness list; pursue strategy DATE DESCRIPTION TIME RATE AMOUNT 05/05/2022 Continue preparing for pretrial hearing; outline arguments for motions 6.80 615.00 41 82.00 in limine hearing; continue analyzing deposition testimony; prepare for hearing; pursue trial strategy 05/06/2022 Attend and participate in pre-trial hearing; notate court rulings; notate 400.00 2,800.00 briefing requests; confer with co-counsel re: strategy for same; obtain favorable rulings on objections and Motions in Limines 05/06/2022 Prepare for pretrial conference and pretrial hearing; attend hearing; 615.00 5,535.00 argue motions; obtain favorable rulings; continue preparing for trial 05/09/2022 Review and analyze all three Moos’ depositions; prepare trial cross 615,00 3,075.00 examination; analyze jury charge issues; continue preparing for trial 05/10/2022 Review and analyze Plaintiffs’ expert's deposition; draft and prepare 615.00 3,690.00 cross examination; review and analyze Defendant's expert's valuation deposition; outline potential direct examination; conference call with S, Khoury re: trial strategy; continue preparing for trial 05/16/2022 Continue preparing for trial; conference call with D. Carter; pursue 615.00 3,075.00 trial strategy 05/19/2022 Attend conference call with client D. Carter re: strategy for his 400.00 400.00 defense at trial, structure of representation, and plans for travel; notate outcome of conference call for file; pursue strategy 05/49/2022 Conference call with D. Carter; conference call with M. Cooper, B. 615.00 1,845.00 Norman, and M. Cooper re: continue analyzing deposition testimony; continue analyzing trial exhibits; continue preparing for trial 05/25/2022 Review transcript from Pre-Trial Hearing to ensure accurate notes re: 2.20 400.00 880.00 Motions in Limine and objections to witnesses; craete memo reflecting same to properly track Court's rulings on same 05/25/2022 Analyze prior opinions in Nixdorf; prepare memorandum to G. 615.00 2,460.00 Shamoun re: trial defenses; continue preparing for trial; pursue strategy Special Delivery Inv 664667 Courier 20.65 Preferred Legal Services Inv 96713 - Court reporter 726.00 TOTAL DUE $44,596.15 THANK YOU. Brian Lauten, P.C, Invoice 1371 3811 Turtle Creek Bivd., Suite 1450 Dallas, TX 75219 214-414-0996 mlogan@briantauten.com BILL TO Mark Cooper DATE aA ae DUE DATE 07/28/2022 PATER I) 07/28/2022 DATE DESGRIPTION TIME RATE AMOUNT 06/15/2022 Prepare for meeting with client, Sunchase; conference with Sunchase 615.00 1,845.00 client; pursue strategy 06/21/2022 Prepare for hearing on motion/trial setting; argue motion; audit trail of 615.08 3,690.00 distributions in and distributions out, per defendant; analyze alleged transfers; prepare for trial 06/22/2022 Prepare for meeting and strategy session; continue tracing 5.50 615.00 3,382.50 distributions in and distributions out; pursue trial strategy for defending claims 06/24/2022 Continue analyzing testimony, defendants trial exhibits, plaintiffs trial 8.50 615.00 5,227.50 exhibits, and various filings re: prepare distribution and audit trail of payments on alleged transfers; continue preparing for trial 06/27/2022 Create agenda for pre-trial meeting with co-counsel to ensure 400.00 400.00 coverage of relevant topics in preparation for pretrial hearing; create notebook with relevant pretrial documents for meeting 06/28/2022 Strategy meeting at G. Shamoun's office re: prepare for pretrial 615.00 4,305.00 hearing, prepare for trial, prepare for oral argument; pursue strategy 06/28/2022 Prepare for meeting with co-counsel to review pretrial matters; drive 5.80 400.00 2,320.00 to Farmers Branch for meeting; attend and participate in meeting, discussing Defendants’ objections to Plaintiffs’ proposed exhibit list; create short sheet of remaining MILs that require rulings; organize Defendants' duplicative exhibits and compare with Plaintiffs; exhibits to ensure accurate list of exhibits sought to be pre-admitted; complete chart with corresponding Defendants' exhibits and transmit to co- counsel; prepare supplemental pretrial filings for filing and file same 06/29/2022 Prepare for pretrial confernece; argue pretrial motions; attend pretrial 10 615.00 6,150.00 hearing; pursue strategy 06/29/2022 Attend continuation of pretrial hearing; notate judge's rulings on 6,90 400.00 2,760.00 various exhibits; notate important briefing points for next pretrial hearing; draft memo summary of hearing 07/05/2022 Prepare for trial; review and analyze plaintiffs’ trial exhibits and 9.50 615.00 5,842.50 defendants’ trial exhibits; prepare jury charge; continue preparing distribution sheet, tracing funds paid; pursue strategy ase DATE DESCRIPTION IME RATE AMOUNT 07/05/2022 Analyze transcript of previous pre-trial hearing and confirm court's 4,90 400.00 760.00 rulings on various exhibits; notate action items based on court's requested briefing issues and transmit to co-counsel for review 07/06/2022 Prepare for trial; pursue research on whether a secured lender can be 10.80 615.00 6,642.00 “any creditor" under TUFTA statute; locate favorable case-law; prepare trial brief in support of the inadmissibility of the alleged Arbor loan; continue analyzing the testimony of defense expert, Grace; continue trial preparation; multiple conference calis and strategy sessions with co-counsel 07/07/2022 Continue preparing for trial; prepare jury charge and special issues; 7.50 615.00 4,612.50 analyze Plaintiffs’ jury charge, pretrial motions, and continue preparing for pretrial hearing; outline voir dire questions 07/07/2022 Analyze deposition testimony and deposition summary of Watercrest 2.70 400.00 1,080.00 in preparation for upcoming cross examination; conduct legal research re: weight of corporate representative testimony and draft brief memo reflecting findings and citations; draft possible cross examination questions ahead of conference with co-counsel 07/08/2022 Continue preparing for pretrial hearing; argue pretrial motions; argue 10.30 615.00 6,334.50 motions in limine, designations of depositions, argue the inadmissibility of alleged Arbor loan and arbor fraud; analyze Plaintiffs’ demonstrative aids; outline opening statement; prepare for cross examination of Plaintiffs' witnesses; pursue trial strategy 07/08/2022 Attend third and final pre-trial conference to discuss and obtain 740 400.00 2,960.00 rulings on pre-admitted exhibits, deposition designations, and other relevant matters; notate the court's rulings on same; create short sheet chart with all relevant rulings on pretrial materials for ease of access at trial; draft brief memo reflecting court's temperature re: certain pretrial matters to ensure cooperation and coverage of same issues 07/09/2022 Continue preparing for trial; draft cross examination of Nixdorf 7.50 615.00 4,612.50 corporate representative; prepare for voir dire; continue preparing distribution sheet, thereby tracing alleged fraudulent wire transfers to all defendants; multiple conferences with co-counsel; pursue trial strategy 07/09/2022 Analyze deposition testimony and deposition summary of Nixdorf 400.00 4,600.00 corporate representative in preparation for trial; notate cross examination questions; analyze mock jury notes and findings with eye towards possible voir dire questions for trial; notate potential voir dire questions and confer with B, Lauten re: same; pursue trial strategy 07/10/2022 Draft trial brief on the inadmissiblity of alleged non-party fraud; finalize 9.50 615.00 5,842.50 list of voir dire questions; circulate to co-counsel; analyze Plaintiffs’ summary judgment motion and Plaintiffs’ argument that they do not have to prove value at the time of the transfer; pursue westlaw research; pursue trial strategy : 07/10/2022 Confer with K. Wells and R. Seay re: preadmitted exhibits for Plaintiffs 4.50 400.00 600.00 and Defendants; update exhibit chart with same; compare and contrast discrepencies with transcript from pretrial hearing to confirm accuracy; transmit updated chart and exhibit short sheet to K, Wells and R. Seay; file agenda with outstanding pretrial matters ahead of jury selection; pursue trial strategy DATE DESCRIPTION TIME RATE AMOUNT 07/11/2022 Trial--day 1; voir dire; pretrial motions; prepare for trial day 2; prepare 13 615.00 7,995.00 for cross examination of Plaintiffs' corporate representatives; prepare cross examination of S, Brauss; prepare to argue supplemental motion in limine 07/11/2022 Prepare juror short sheet and chart ahead of jury selection; attend 1 400.00 4,400.00 trial day 1, consisting of jury selection and nominal pre-trial matters; track juror answers and notate important findings; assist in setection of jurors; assist in preparation of opening statements and confer re: important topics for jury to hear; pursue trial strategy 07/12/2022 Trial--day 2; opening statement, argue further pretrial and tial 11.80 615.00 7,257.00 motions; cross examine Plaintiffs’ corporate representative; prepare for trial day 3 07/12/2022 Prepare notes and memo ahead of opening statement to ensure 9.30 400.00 3,720.00 comprehensive capture of important points; attend trial day 2, consisting of opening statements, nominal pre-trial matters, and direct and cross examination of Nixdorf corporate representative; prepare memo reflecting important testimony from the day in preparation for additional cross examination; pursue trial strategy 07/13/2022 Trial--day 3; continue cross examination of Plaintiffs' corporate 615.00 4,920.00 representative; mistrial 07/13/2022 Prepare notes and memo ahead of additional cross examination fo 7.80 400.00 3,120.00 Nixdorf corporate representative; begin preparing notes and memo. ahead of testimony from G. Bertcher; attend trial day 3, consisting of cantinuation of examination of Nixdorf corporate representative; prepare memo reflecting important testimony and notes for next trial setting; finalize notes from present trial setting; case ends in mistrial Del-Phi Trial Notebooks 1,844.26 Specail Delivery Inv 670590 trial documents delivered to/from the 151.10 courthouse TOTAL DUE $104,373.86 THANK YOU. Brian Lauten, P.C. 3811 Turtle Creek Blvd., Suite 1450 ) Dallas, TX 214-414-0996 75219 mlogan@brianlauten.com INVOICE BILL TO INVOICE # 1420 Mark Cooper DATE 03/20/2023 DUE DATE 03/20/2023 TERMS Due on receipt DATE DESCRIPTION TIME RATE AMOUNT 02/22/2023 Analyze prior trial transcripts germane to opening statements; 7.50 615.00 4,612.50 prepare for opening statement; prepare for trial; pursue trial strategy 02/23/2023 Prepare for the hearing on the motion for protection and motion to 615.00 5,535.00 compel; attend hearing and argue motion; prepare for voir dire and opening statement; conference call with Counsel re: agreements on objections regarding C. Brauss testimony; prepare for trial 02/23/2023 Continue assisting in preparation of trial materials; review and 400.00 2,800.00 analyze deposition of Christine Martin; create deposition summary for same; review testimony from first trial of Nixdorf corporate representative for preparation of cross examination; notate important testimony; draft transcript summary for same 02/24/2023 Prepare for trial; voir dire, opening statement, etc; pursue trial 8.50 615.00 5,227.50 strategy 02/24/2023 Discuss different options for presentment of opening statement 6.50 400.00 2,600.00 with B. Lauten; prepare powerpoint and timeline for opening statement; prepare draft list of questions for voir dire; review prior trial transcripts to ensure comprehensive coverage of issues in voir dire 02/26/2023 Prepare for trial 615.00 5,535.00 02/27/2023 Trial 13 615.00 7,995.00 02/27/2023 Prepare for jury selection; attend trial 11.50 400.00 4,600.00 02/28/2023 Trial 13 615.00 7,995.00 02/28/2023 Prepare for trial; attend trial 10 400.00 4,000.00 03/01/2023 Prepare for trial; trial 7.50 615.00 4,612.50 03/01/2023 Prepare for trial by reviewing and analyzing deposition of Warren 400.00 2,800.00 Harmel; notate important testimony; attend trial; Continue preparation for trial; finish reviewing deposition of Warren Harmel; create deposition summary and outline for cross examination; begin preparing for examinationj of Dr. Stephen Grace by Brian P. Lauten - $615 Kaylee Vantstory - $400 DATE DESCRIPTION TIME RATE AMOUNT reviewing deposition and highlighting important testimony; conduct research into prior testimony and articles 03/02/2023 Prepare for trial; trial 8.50 615.00 5,227.50 03/02/2023 Attend trial; meet with all counsel re: strategy for moving forward 3.20 400.00 1,280.00 03/03/2023 Prepare for trial; trial 8.50 615.00 5,227.50 03/03/2023 Prepare for trial by reviewing deposition of Nixdorf; review prior 4.50 400.00 4,800.00 deposition summary; prepare outline for cross examination; analyze depo desginations to determine changes; review changes with B. Lauten 03/08/2023 Prepare for trial 615.00 3,075.00 03/06/2023 Trial 11.50 615.00 7,072.50 03/06/2023 Prepare for trial; attend trial 400.00 3,600.00 03/07/2023 Trial 12 615.00 7,380.00 03/07/2023 Prepare for trial; attend trial 400.00 3,600.00 03/07/2023 Begin drafting Motion for Directed Verdict; organize trial testimony 2.80 400.00 1,120.00 for motion; conduct legal research re: good faith transferee defense 03/08/2023 Trial 11.80 615,00 7,257.00 03/08/2023 Prepare for trial; attend trial; prepare Motion to take Judicial 400.00 3,600.00 Notice of Adjudicative Fact; file same 03/09/2023 Trial 13 615.00 7,995.00 03/09/2023, Prepare for trial; attend trial; Continue drafting Motion for Directed 400.00 3,200.00 Verdi begin preparing outline of additional arguments for motion; continue legal research with eye towards alter ego elements, required elements of TUFTA claims 03/10/2023 Trial 4 615.00 6,765.00 03/40/2023 Prepare for trial; attend trial 400.00 3,600.00 03/11/2023 Prepare for trial 615.00 1,230.00 03/14/2023 Continue drafting directed verdict; input additional arguemnts re: 3.50 400.00 1,400.00 elements of TUFTA claims - "asset," insolvency, and badges of fraud 03/12/2023 Prepare for trial 615.00 1,845.00 03/12/2023 Finish drafting Motion for Directed Verdict; finalize arguments; 5.50 400.00 2,200.00 input additional arguments at request of B. Norman; review and analyze transcript summaries and daily transcripts in search of testimony to support arguments in motion 03/13/2023 Trial 1 615.00 6,765.00 03/43/2023 Review and revise Motion for Directed Verdict; prepare for filing; 10 400.00 4,000.00 prepare oral argument; argue same; attend trial 03/14/2023 Trial 12 615.00 7,380.00 03/14/2023 Prepare for trial; attend trial 14.50 400.00 5,800.00 03/15/2023 Trial 11,50 615.00 7,072.50 03/15/2023 Prepare for trial; attend trial (charge conference); assist in 10 400.00 4,000.00 preparation of closing statement 03/16/2023 Trial 615.00 4,920.00 03/16/2023 Prepare for trial; attend trial; assist in presentment of closing 14 400.00 4,400.00 statements; wail for return of jury verdict 03/17/2023 Trial 615.00 4,920.00 Brian P. Lauten - $615 Kaylee Vantstory - $400 DATE DESCRIPTION TIME RATE AMOUNT 03/17/2023 Attend trial; wait for return of jury verdict; attend presentment of 13.50 400.00 5,400.00 jury verdict Courthouse parking for B Lauten 130.00 Courthouse parking for K Vanstory 130.00 ee BALANCE DUE Brian P. Lauten - $615 Kaylee Vantstory - $400 EXHIBIT D Kelsoe, Khoury, Rogers & Clark, PC 5323 Spring Valley Rd., Suite 350 Dallas, Texas 75254 Ph:(972) 661-2227 Fax:(972) 233-4971 TRA Midland Properties, LLC, et al May 7, 2022 c/o Gregory Shamoun (Shamoun & Norman) 1800 Valley View Ln, Ste 200 Farmers Branch, TX 75234 USA File #; 931-223 Attention: Inv # 22067 RE: Renate Nixdorf GmbH & Co. KG and Watercrest Partners, L.P. DATE DESCRIPTION HOURS AMOUNT LAWYER Apr-05-22 Initial meeting regarding new case with all 2.75 1,320.00 RS counsel. Attend initial counsel meeting regarding new 5.50 3,850.00 SK case, status and preparation for trial of May 16; initial cursory review of client/case materials; preparation of retainer/billing agreement and forward same to client. Apr-07-22 Review and analysis of case materials. 2.00 1,400.00 SK Apr-08-22 Reviewed emails with all counsel; reviewed 3.25 1,560.00 RS motion for continuance, substitution; prepared for hearing; attended hearing via Zoom; reviewed case file, deposition, case information packet. Reviewed emails from all counsel. Attend 2,00 1,400.00 SK zoom hearing on Martin deposition; review and preparation of correspondence with other counsel regarding depos, status and Motion for Continuance. Apr-11-22 Review of case documents and 3.50 2,450.00 SK correspondence/emails of parties and counsel; review court transcripts. Invoice #: 22067 Page 2 May 7, 2022 Apr-12-22 Continued review and analysis of case 6.00 4,200.00 SK documents, deposition transcripts and correspondence between counsel, Apr-13-22 Review of case documents; conference call 3.75 2,625.00 sK with Kom, Donohue, Norman and Lauten regarding trial preparation and Martin depo. Review and analyze emails from all counsel. Apr-14-22 Review of case documents; phone conference 6.50 4,550.00 SK with L. Friedman regarding background facts; phone conference with Mark Cooper regarding same; preparation for Christine Martin depo and trial. Apr-15-22 Continued review of case documents; 7.50 5,250.00 SK complete cursory review of LaJone depo; begin review of Bertcher depos; trial preparation and preparation of for Christine Martin depo. Review of emails among all counsel. Apr-16-22 Continued review and analysis of case 11.50 8,050.00 SK documents and trial preparation; preparation for depo of Christine Brauss Martin. Apr-17-22 Continued review and analysis of case 5.25 3,675.00 Sk documents; trial preparation; preparation for taking depo of Christine Brauss Martin. Apr-18-22 Reviewed file, deposition, proposed questions, 1,50 720.00 RS Continued preparation for Martin depo; travel 9.75 6,825.00 Sk to and take deposition of Christine Martin, Apr19-22 Attended theme testing via stream; reviewed 8.00 3,840.00 RS file, pleadings, deposition summaries. Attend mock jury presentation and review of 9.50 6,650.00 SK documents; office conference with R. Seay regarding case and mock jury assessment; review of case documents and trial preparation. Apr-20-22 Conference with S. Khoury regarding case, 3.25 1,560.00 RS witnesses; reviewed deposition of Nixdorf corporate representative, Bertcher; conference call with S. Khoury and previous counsel Invoice #: 22067 Page 3 May 7, 2022 regarding depositions, case chronology. Trial preparation; review and analysis of case 6.75 4,725.00 SK documents; phone conference with B. Lauten regarding status and strategy; conference call with Bertcher and LaJone regarding case preparation and meeting and background facts; review of rough draft of Christine Martin deposition. Apr-21-22 Reviewed file, documents, depositions, 1.75 840.00 Trial preparation; review and analysis of case 9.00 6,300.00 SK documents and production of docs by both parties; initial review and analysis of Nixdorf expert and case summary disclosures; initial review and analysis of deposition testimony of Nixdorf expert, Stephen Grace. Apr-22-22 Travel to and meet with J. LaJone and G. 6.25 4,375.00 SK Bertcher regarding trial preparation; strategy and document review; continued review of case documents provided by Bertcher on new zip drive, Apr-23-22 Continued review and analysis of case 2.00 1,400.00 SK documents. Apr-25-22 Office conference with S. Khoury, K. 2.50 1,200.00 RS Houillion regarding case factual background, next steps; reviewed depositions, case file, documents. Continued review of documents produced by J. 2.25 1,575.00 SK LaJone; phone conference with G. Bertcher regarding same; office conference with R. Seay and K. Houillion regarding status; strategy and trail wok to be prepared and accomplished before trial. Office conference with S.Khoury and R. Seay 1.00 425.00 regarding new suit and need for detailed review of Plaintiff expert's testimony for trial motion in limine. Apr-26-22 Reviewed depositions, case file, documents, 6.50 3,120.00 RS pleadings; prepared for client meeting, Invoice #: 22067 Page 4 May 7, 2022 witness prep; attended client meeting. ‘Trial preparation; review and analysis of 7.00 4,900.00 SK case/trial docs; travel to meeting with J. LaJone, Bertcher, R. Seay and B. Lauten. Apr-27-22 Reviewed expert depositions, case file, 3.75 1,800.00 RS documents, pleadings; reviewed pretrial documents, motions in limine; reviewed document production, Trial preparation and review of case 4.00 2,800.00 sk documents, Review and preparation of emails among counsel. Begin review a