Preview
FILED
12/4/2023 4:34 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Marissa Gomez DEPUTY
CAUSE NO. DC-23-07534
BERNARD TUBEILEH and SINOSTAR § IN THE DISTRICT COURT OF
INVESTMENTS LLC,
§§§§§§§§§
Plaintiffs,
v.
DALLAS COUNTY, TEXAS
GLOBAL OIL & GAS TEXAS, LLC, and
GLOBAL OIL & GAS FIELDS
OKLAHOMA LLC,
Defendants. 68th JUDICIAL DISTRICT
P_LAINTIFFS’ SPECIAL EXCEPTIONS AND
MOTION TO STRIKE DEFENDANTS’ COUNTER-CLAIM
I.
Argument & Authorities
Plaintiffs specially except to Defendants' Counter-Claim. See Bo/anos v. Purple
Goat, LLC, 649 S.W.3d 753, 759 (Tex. App.—El Paso 2022, no pet.) (in general, a trial
court has the discretion to sustain special exceptions when it finds a plaintiff’s pleadings
defective, and similarly has the discretion to dismiss a case when a plaintiff refuses or
fails to cure the defects); TEx. R. CIv. P. 91.
In that which is unheard of in a “fair-notice” pleading state—Defendants filed a 90+
page Counter-Claim, which quotes to multiple documents in that pleading. However,
Defendants have refused to produce the very documents quoted in their pleading, which
is an offensive-use, resulting in waiver. In re Southwest Airlines Co., 155 S.W.3d 622,
624-25 (Tex. App.—San Antonio 2004, orig. proceeding).
Just a few such examples are reproduced below to underscore the point:
PLAINTIFFS’ SPECIAL EXCEPTIONS AND
MOTION TO STRIKE DEFENDANTS' COUNTER-CLAIM Page 1 of 6
88. In the same Aplil 16. 2021 letter. citing a meeting earlier that day. Blackhom Group
offered Global Texas a Right of First Refusal (the “Blackhorn ROFR") “to 1.:"8 of each and every
New Albany Shale Horizontal Well“ (the “Horizontal Wells") and “.512 of all c011\-'entional vertical
wells" (the “Vertical Wells"). Under the Blackhorn ROFR. Global Texas would have ten days to
Defendants’ First Amended Counterclaim — 20
96. In relation to this alrangement, on July 12, 2021, Mr. Tubeileh emailed Grant
Nonyood. who was at the time a Land Manager for Blackhorn USA. at his email address associated
with waood Energy Corporation. to remind him that on all Horizontal Wells. Global Texas had
a 1.:"8 (12.5915) interest. but that Global Texas carried Billy Huddleston with a 0.5% CWT. and that
the remaining 12% working interest was split 8% to Global Texas and 4% to Mr. Tubeileh.
Mr. Tubeileh admonished Mr. Neiwood: “Obviously. this is all confidential.”
98. In an email thread culminating on September 9. 2021. Mr. Tubeileh. advised
Dr. Mader on the status of the Blackhom wells. stating that the holes in Kentucky were very
successful and that Global‘s own consulting geologist was very satisfied with the results.
111. Although Mr. Tubeileh proposed the sale of the ORRIs to Dr. Mader, Mr. Tubeileh
told Ms. Land that Dr. Mader (wpi‘oached him requesting that Mr. Tubeileh “sell the Overriding
Royalty. they agreed to give me in March 2021 before wells were chilled. back to Global.“
Mr. Tubeileh‘s statement to Ms. Land that the ORRIs were assigned to him in March 2021
contradicts statements he made to his tax advisers. to Whom he represented that the ORRIs were
assigned to him orally in July 2020 and in wn'ting on April 16 and April 17, 2021.
PLAINTIFFS’ SPECIAL EXCEPTIONS AND
MOTION TO STRIKE DEFENDANTS’ COUNTER-CLAIM Page 2 of 6
114. Mr. Tubeileh stated that. “Global"s Net Revenue Interest in the hon'zontal wells
will increase fi'om c. 6.0% to c. 6.8% and fi'om 22.5% to 25.5% in all vertical wells (the last cheeks
Defendants’ First Amended Connterclaim — 27
probably erroneously included the ORRI). I have (had to) ag‘eed to this offer. and D1'[.] Madezr
insisted to quickly sign a simple PSA (see attachedj.” MI. Tubeileh’s statement that the last checks
received by Global Texas “probably erroneously” included the ORRI is highly suspicious and
suggests Mr. Tubeileh was never assigned the ORRIs in the first place, and thus he sold Global
Texas rights it already possessed.
Defendants’ reliance on documents in an affirmative claim for relief—while
withholding the production of those documents—triggers the rule of mandatory exclusion.
TEX. R. CIV. P. 193.6; see also Imagine Automotive Group v. Boardwalk Motor Cars, Ltd.,
430 S.W.3d 620, 642-45 (Tex. App.—Dallas 2014, pet. denied) (imposition of “death
penalty” sanctions of striking defendant vehicle sellers’ pleadings was not too severe,
based on sellers’ failure to produce responsive documents in discovery phase of civil theft
action against sellers by vehicle dealerships, even though there was no evidence that
sellers intentionally destroyed evidence); In re Staff Care, lnc., 422 S.W.3d 876, 882 (Tex.
App.—Dallas 2014, orig. proceeding) (“Staff Care also argues that the striking of its
amended disclosure responses constituted a “death penalty” discovery sanction, and that
therefore, the trial court was required to consider lesser sanctions before granting
defendants' motion to strike. We disagree. In discussing Rule 193.6 we have explained,
‘The rule is mandatory, and the penalty—exclusion of evidence—is automatic ...)
[internal citations omitted].
PLAINTIFFS’ SPECIAL EXCEPTIONS AND
MOTION TO STRIKE DEFENDANTS' COUNTER-CLAIM Page 3 of 6
Consequently, this Court should strike the Counter-Claim in toto. In the alternative,
Defendants should be ordered to produce all of those documents, they should be
sanctioned, and they should further be ordered to pay Plaintiffs' attorney’s fees.
ll.
Conclusion
In conclusion, this Court should sustain Plaintiffs’ Special Exceptions.
WHEREFORE, PREMISES CONSIDERED, Plaintiffs Bernard Tubeileh and
Sinostar Investments LLC respectfully pray that this Court sustain Plaintiffs’ Special
Exceptions and Strike Defendants’ Counter-Claim; and further grant Plaintiffs all such
further relief whether in law or in equity upon which they may show themselves justly
entitled.
PLAINTIFFS’ SPECIAL EXCEPTIONS AND
MOTION TO STRIKE DEFENDANTS' COUNTER-CLAIM Page 4 of 6
Certificate of Conference
Pursuant to Local Rule 2.07(2) of Dallas County, on December 2, 2023, Counsel
for the movant caused to be delivered to Counsel for respondent a copy of the proposed
Motion seeking a conference. On Monday, December 4, 2023, Plaintiffs’ Counsel
contacted Christopher Staine, who is Local Counsel for Defendants and left a detailed
voicemail seeking to confer. Plaintiffs’ Counsel therefore made at least one more attempt
to confer with Defendants after circulating a copy of the proposed Motion. No agreements
have been reached and the Motion is therefore opposed.
ET)
BRIAN P. LAUTEN
ATTORNEY FOR PLAINTIFFS
PLAINTIFFS’ SPECIAL EXCEPTIONS AND
MOTION TO STRIKE DEFENDANTS' COUNTER-CLAIM Page 5 of 6
Respectfully Submitted,
BRIAN LAUTEN, P.C.
ED
Brian P. Lauten
State Bar No. 24031603
blauten©brianlauten.com
Courtney G. Bowline
State Bar N0. 24055206
cbowline@brianlauten.com
Kaylee Vanstory
State Bar No. 24115009
kvanstorv(a)brianlauten.com
3811 Turtle Creek Blvd., Suite 825
Dallas, Texas 75219
(214) 414-0996 telephone
(214) 744-3015 facsimile
ATTORNEYS FOR PLAINTIFFS
BERNARD TUBEILEH and
SINOSTAR INVESTMENTS LLC
_ERTIFICAT§ OF SERVICE
In accordance with Rule 21a of the Texas Rules of Civil Procedure, the
undersigned attorney hereby certifies that on December 4, 2023, a true and correct copy
of the foregoing instrument was forwarded to all counsel of record by way of the ECF
case manager system.
KP
BRIAN P. LAUTEN
ATTORNEY FOR PLAINTIFFS
PLAINTIFFS’ SPECIAL EXCEPTIONS AND
MOTION TO STRIKE DEFENDANTS' COUNTER-CLAIM Page 6 of 6
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Michelle Logan on behalf of Kaylee Vanstory
Bar No. 24115099
mlogan@brianlauten.com
Envelope ID: 82217538
Filing Code Description: Motion - Miscellanous
Filing Description: TO APPOINT MASTER TO OVERSEE THE
DEPOSITION AND TO SCHEDULE DEPOSITION
Status as of 12/5/2023 8:13 AM CST
Associated Case Party: BERNARD TUBEILEH
Name BarNumber Email TimestampSubmitted Status
Michelle Logan mlogan@brianlauten.com 12/4/2023 4:34:14 PM SENT
Brian PLauten blauten@brianlauten.com 12/4/2023 4:34:14 PM SENT
Kaylee Vanstory kvanstory@brianlauten.com 12/4/2023 4:34:14 PM SENT
Courtney GBowline cbowline@brianlauten.com 12/4/2023 4:34:14 PM SENT
Associated Case Party: GLOBAL OIL & GAS TEXAS LLC
Name BarNumber Email TimestampSubmitted Status
Christopher Staine christopher.staine@crowedunlevy.com 12/4/2023 4:34:14 PM SENT
Michael C.Zellers michael.zellers@tuckerellis.com 12/4/2023 4:34:14 PM SENT
Jeffrey C.Sindelar Jr. jeffrey.sindelar@tuckerellis.com 12/4/2023 4:34:14 PM SENT
WILLIAM STAVOLE MELISSA.KELLY@TUCKERELLIS.COM 12/4/2023 4:34:14 PM SENT
William Stavole william.stavole@tuckerellis.com 12/4/2023 4:34:14 PM SENT
Christen Wilk Christen.Wilk@tuckerellis.com 12/4/2023 4:34:14 PM SENT
Melissa Z.Kelly Melissa.Kelly@tuckerellis.com 12/4/2023 4:34:14 PM SENT
Associated Case Party: WILLIAM J. STAVOLE
Name BarNumber Email Timestam pSubmitted Status
William Stavole william.stavole@tuckerellis.com 12/4/2023 4:34:14 PM SENT
Associated Case Party: GLOBAL OIL & GAS FIELDS OKLAHOMA LLC
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.
Michelle Logan on behalf of Kaylee Vanstory
Bar No. 24115099
mlogan@brianlauten.com
Envelope ID: 82217538
Filing Code Description: Motion - Miscellanous
Filing Description: TO APPOINT MASTER TO OVERSEE THE
DEPOSITION AND TO SCHEDULE DEPOSITION
Status as of 12/5/2023 8:13 AM CST
Associated Case Party: GLOBAL OIL & GAS FIELDS OKLAHOMA LLC
Name BarNumber Email TimestampSubmitted Status
Christen Wilk Christen.Wilk@tuckerellis.com 12/4/2023 4:34:14 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Joshua Fellenbaum joshua.fellenbaum@tuckerellis.com 12/4/2023 4:34:14 PM SENT
Christen Wilk Christen.Wilk@tuckerellis.com 12/4/2023 4:34:14 PM SENT
John PMartin jmartin@hammfirm.com 12/4/2023 4:34:14 PM SENT
Stephanie Rzepka stephanie.rzepka@tuckerellis.com 12/4/2023 4:34:14 PM SENT
Sarah Prince sarah.prince@crowedunlevy.com 12/4/2023 4:34:14 PM SENT
Elizabeth Palmer empalmer9009@gmail.com 12/4/2023 4:34:14 PM SENT
Gene AHamm |l ghamm@hammfirm.com 12/4/2023 4:34:14 PM SENT
Preview
FILED 12/4/2023 4:34 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Marissa Gomez DEPUTY CAUSE NO. DC-23-07534 BERNARD TUBEILEH and SINOSTAR § IN THE DISTRICT COURT OF INVESTMENTS LLC, §§§§§§§§§ Plaintiffs, v. DALLAS COUNTY, TEXAS GLOBAL OIL & GAS TEXAS, LLC, and GLOBAL OIL & GAS FIELDS OKLAHOMA LLC, Defendants. 68th JUDICIAL DISTRICT P_LAINTIFFS’ SPECIAL EXCEPTIONS AND MOTION TO STRIKE DEFENDANTS’ COUNTER-CLAIM I. Argument & Authorities Plaintiffs specially except to Defendants' Counter-Claim. See Bo/anos v. Purple Goat, LLC, 649 S.W.3d 753, 759 (Tex. App.—El Paso 2022, no pet.) (in general, a trial court has the discretion to sustain special exceptions when it finds a plaintiff’s pleadings defective, and similarly has the discretion to dismiss a case when a plaintiff refuses or fails to cure the defects); TEx. R. CIv. P. 91. In that which is unheard of in a “fair-notice” pleading state—Defendants filed a 90+ page Counter-Claim, which quotes to multiple documents in that pleading. However, Defendants have refused to produce the very documents quoted in their pleading, which is an offensive-use, resulting in waiver. In re Southwest Airlines Co., 155 S.W.3d 622, 624-25 (Tex. App.—San Antonio 2004, orig. proceeding). Just a few such examples are reproduced below to underscore the point: PLAINTIFFS’ SPECIAL EXCEPTIONS AND MOTION TO STRIKE DEFENDANTS' COUNTER-CLAIM Page 1 of 6 88. In the same Aplil 16. 2021 letter. citing a meeting earlier that day. Blackhom Group offered Global Texas a Right of First Refusal (the “Blackhorn ROFR") “to 1.:"8 of each and every New Albany Shale Horizontal Well“ (the “Horizontal Wells") and “.512 of all c011\-'entional vertical wells" (the “Vertical Wells"). Under the Blackhorn ROFR. Global Texas would have ten days to Defendants’ First Amended Counterclaim — 20 96. In relation to this alrangement, on July 12, 2021, Mr. Tubeileh emailed Grant Nonyood. who was at the time a Land Manager for Blackhorn USA. at his email address associated with waood Energy Corporation. to remind him that on all Horizontal Wells. Global Texas had a 1.:"8 (12.5915) interest. but that Global Texas carried Billy Huddleston with a 0.5% CWT. and that the remaining 12% working interest was split 8% to Global Texas and 4% to Mr. Tubeileh. Mr. Tubeileh admonished Mr. Neiwood: “Obviously. this is all confidential.” 98. In an email thread culminating on September 9. 2021. Mr. Tubeileh. advised Dr. Mader on the status of the Blackhom wells. stating that the holes in Kentucky were very successful and that Global‘s own consulting geologist was very satisfied with the results. 111. Although Mr. Tubeileh proposed the sale of the ORRIs to Dr. Mader, Mr. Tubeileh told Ms. Land that Dr. Mader (wpi‘oached him requesting that Mr. Tubeileh “sell the Overriding Royalty. they agreed to give me in March 2021 before wells were chilled. back to Global.“ Mr. Tubeileh‘s statement to Ms. Land that the ORRIs were assigned to him in March 2021 contradicts statements he made to his tax advisers. to Whom he represented that the ORRIs were assigned to him orally in July 2020 and in wn'ting on April 16 and April 17, 2021. PLAINTIFFS’ SPECIAL EXCEPTIONS AND MOTION TO STRIKE DEFENDANTS’ COUNTER-CLAIM Page 2 of 6 114. Mr. Tubeileh stated that. “Global"s Net Revenue Interest in the hon'zontal wells will increase fi'om c. 6.0% to c. 6.8% and fi'om 22.5% to 25.5% in all vertical wells (the last cheeks Defendants’ First Amended Connterclaim — 27 probably erroneously included the ORRI). I have (had to) ag‘eed to this offer. and D1'[.] Madezr insisted to quickly sign a simple PSA (see attachedj.” MI. Tubeileh’s statement that the last checks received by Global Texas “probably erroneously” included the ORRI is highly suspicious and suggests Mr. Tubeileh was never assigned the ORRIs in the first place, and thus he sold Global Texas rights it already possessed. Defendants’ reliance on documents in an affirmative claim for relief—while withholding the production of those documents—triggers the rule of mandatory exclusion. TEX. R. CIV. P. 193.6; see also Imagine Automotive Group v. Boardwalk Motor Cars, Ltd., 430 S.W.3d 620, 642-45 (Tex. App.—Dallas 2014, pet. denied) (imposition of “death penalty” sanctions of striking defendant vehicle sellers’ pleadings was not too severe, based on sellers’ failure to produce responsive documents in discovery phase of civil theft action against sellers by vehicle dealerships, even though there was no evidence that sellers intentionally destroyed evidence); In re Staff Care, lnc., 422 S.W.3d 876, 882 (Tex. App.—Dallas 2014, orig. proceeding) (“Staff Care also argues that the striking of its amended disclosure responses constituted a “death penalty” discovery sanction, and that therefore, the trial court was required to consider lesser sanctions before granting defendants' motion to strike. We disagree. In discussing Rule 193.6 we have explained, ‘The rule is mandatory, and the penalty—exclusion of evidence—is automatic ...) [internal citations omitted]. PLAINTIFFS’ SPECIAL EXCEPTIONS AND MOTION TO STRIKE DEFENDANTS' COUNTER-CLAIM Page 3 of 6 Consequently, this Court should strike the Counter-Claim in toto. In the alternative, Defendants should be ordered to produce all of those documents, they should be sanctioned, and they should further be ordered to pay Plaintiffs' attorney’s fees. ll. Conclusion In conclusion, this Court should sustain Plaintiffs’ Special Exceptions. WHEREFORE, PREMISES CONSIDERED, Plaintiffs Bernard Tubeileh and Sinostar Investments LLC respectfully pray that this Court sustain Plaintiffs’ Special Exceptions and Strike Defendants’ Counter-Claim; and further grant Plaintiffs all such further relief whether in law or in equity upon which they may show themselves justly entitled. PLAINTIFFS’ SPECIAL EXCEPTIONS AND MOTION TO STRIKE DEFENDANTS' COUNTER-CLAIM Page 4 of 6 Certificate of Conference Pursuant to Local Rule 2.07(2) of Dallas County, on December 2, 2023, Counsel for the movant caused to be delivered to Counsel for respondent a copy of the proposed Motion seeking a conference. On Monday, December 4, 2023, Plaintiffs’ Counsel contacted Christopher Staine, who is Local Counsel for Defendants and left a detailed voicemail seeking to confer. Plaintiffs’ Counsel therefore made at least one more attempt to confer with Defendants after circulating a copy of the proposed Motion. No agreements have been reached and the Motion is therefore opposed. ET) BRIAN P. LAUTEN ATTORNEY FOR PLAINTIFFS PLAINTIFFS’ SPECIAL EXCEPTIONS AND MOTION TO STRIKE DEFENDANTS' COUNTER-CLAIM Page 5 of 6 Respectfully Submitted, BRIAN LAUTEN, P.C. ED Brian P. Lauten State Bar No. 24031603 blauten©brianlauten.com Courtney G. Bowline State Bar N0. 24055206 cbowline@brianlauten.com Kaylee Vanstory State Bar No. 24115009 kvanstorv(a)brianlauten.com 3811 Turtle Creek Blvd., Suite 825 Dallas, Texas 75219 (214) 414-0996 telephone (214) 744-3015 facsimile ATTORNEYS FOR PLAINTIFFS BERNARD TUBEILEH and SINOSTAR INVESTMENTS LLC _ERTIFICAT§ OF SERVICE In accordance with Rule 21a of the Texas Rules of Civil Procedure, the undersigned attorney hereby certifies that on December 4, 2023, a true and correct copy of the foregoing instrument was forwarded to all counsel of record by way of the ECF case manager system. KP BRIAN P. LAUTEN ATTORNEY FOR PLAINTIFFS PLAINTIFFS’ SPECIAL EXCEPTIONS AND MOTION TO STRIKE DEFENDANTS' COUNTER-CLAIM Page 6 of 6 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Michelle Logan on behalf of Kaylee Vanstory Bar No. 24115099 mlogan@brianlauten.com Envelope ID: 82217538 Filing Code Description: Motion - Miscellanous Filing Description: TO APPOINT MASTER TO OVERSEE THE DEPOSITION AND TO SCHEDULE DEPOSITION Status as of 12/5/2023 8:13 AM CST Associated Case Party: BERNARD TUBEILEH Name BarNumber Email TimestampSubmitted Status Michelle Logan mlogan@brianlauten.com 12/4/2023 4:34:14 PM SENT Brian PLauten blauten@brianlauten.com 12/4/2023 4:34:14 PM SENT Kaylee Vanstory kvanstory@brianlauten.com 12/4/2023 4:34:14 PM SENT Courtney GBowline cbowline@brianlauten.com 12/4/2023 4:34:14 PM SENT Associated Case Party: GLOBAL OIL & GAS TEXAS LLC Name BarNumber Email TimestampSubmitted Status Christopher Staine christopher.staine@crowedunlevy.com 12/4/2023 4:34:14 PM SENT Michael C.Zellers michael.zellers@tuckerellis.com 12/4/2023 4:34:14 PM SENT Jeffrey C.Sindelar Jr. jeffrey.sindelar@tuckerellis.com 12/4/2023 4:34:14 PM SENT WILLIAM STAVOLE MELISSA.KELLY@TUCKERELLIS.COM 12/4/2023 4:34:14 PM SENT William Stavole william.stavole@tuckerellis.com 12/4/2023 4:34:14 PM SENT Christen Wilk Christen.Wilk@tuckerellis.com 12/4/2023 4:34:14 PM SENT Melissa Z.Kelly Melissa.Kelly@tuckerellis.com 12/4/2023 4:34:14 PM SENT Associated Case Party: WILLIAM J. STAVOLE Name BarNumber Email Timestam pSubmitted Status William Stavole william.stavole@tuckerellis.com 12/4/2023 4:34:14 PM SENT Associated Case Party: GLOBAL OIL & GAS FIELDS OKLAHOMA LLC 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. Michelle Logan on behalf of Kaylee Vanstory Bar No. 24115099 mlogan@brianlauten.com Envelope ID: 82217538 Filing Code Description: Motion - Miscellanous Filing Description: TO APPOINT MASTER TO OVERSEE THE DEPOSITION AND TO SCHEDULE DEPOSITION Status as of 12/5/2023 8:13 AM CST Associated Case Party: GLOBAL OIL & GAS FIELDS OKLAHOMA LLC Name BarNumber Email TimestampSubmitted Status Christen Wilk Christen.Wilk@tuckerellis.com 12/4/2023 4:34:14 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Joshua Fellenbaum joshua.fellenbaum@tuckerellis.com 12/4/2023 4:34:14 PM SENT Christen Wilk Christen.Wilk@tuckerellis.com 12/4/2023 4:34:14 PM SENT John PMartin jmartin@hammfirm.com 12/4/2023 4:34:14 PM SENT Stephanie Rzepka stephanie.rzepka@tuckerellis.com 12/4/2023 4:34:14 PM SENT Sarah Prince sarah.prince@crowedunlevy.com 12/4/2023 4:34:14 PM SENT Elizabeth Palmer empalmer9009@gmail.com 12/4/2023 4:34:14 PM SENT Gene AHamm |l ghamm@hammfirm.com 12/4/2023 4:34:14 PM SENT