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FILED
4/23/2024 1:05 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Ricky Brashear DEPUTY
Cause No. DC-23-O7715
LONG COVE DEVELOPMENT, § IN THE DISTRICT COURT
INC. and LAKE VIEW §
MANAGEMENT AND §
DEVELOPMENT DISTRICT, §
§
Plaintiffs, §
§
v. §
§
DREWERY CONSTRUCTION §
CO., INC., §
§
Defendant. §
§
§
YAHYA MANSOUR and MICAEL §
MANSOUR, §
Intervenor-Plaintiffs, g
§ 298th JUDICIAL DISTRICT
V. §
§
LONG COVE DEVELOPMENT, §
INC., §
§
Intervenor-Defendant, §
§
and §
§
RE LAKE HOMES, LLC; §
ROBERT ELLIOTT CUSTOM §
HOMES, LLC; and STILLWATER §
CAPITAL INVESTMENTS, LLC, §
§
Third-Party Intervenor- §
Defendants. § DALLAS COUNTY, TEXAS
JOINT MOTION FOR CONTINUANCE
Joint Motion for Continuance Page 1 of 6
Cause NO. DC-23-07715
TO THE HONORABLE JUDGE EMILY G. TOBOLOWSKY:
COME NOW Long Cove Development, Inc. (“Lon Cove”), Lake View
Management and Development District (“LVMDD”), Drewery Construction Co, Inc.,
(“Drewery”), Yahya Mansour and Micael Mansour (“Mansours”), RE Lake Homes,
LLC “M3, Robert Elliott Custom Homes, LLC (“M”), and Stillwater Capital
Investments, LLC (“Stillwater”) (collectively referred to as the “Parties”) and file this
Joint Motion for Continuance of the June 24, 2024 jury trial setting in this matter,
and in support thereof show the Court as follows:
Background
1. Plaintiffs Long Cove and LVMDD (jointly, “Plaintiffs”) filed their
Original Petition on June 23, 2023. Plaintiffs requested that discovery be conducted
under Level 3.1
2. On January 3, 2024, RELK filed suit against the Mansours in Cause No.
DC-23-07715 in the 14th District Court of Dallas County, Texas (the “RELK Suit”).
3. On January 17, 2024, unaware of the RELK Suit, the Mansours
intervened in this suit by filing a Petition in Intervention and Third-Party Petition
against Plaintiff Long Cove and Intervenor Defendants RELK, RECH, and
Stillwater.
4. On February 6, 2024, the 14th District Court issued an Order of
Transfer, transferring the RELK Suit to this Court, noting the interrelationship
between the RELK Suit and the present suit. Upon transfer, the RELK Suit was
1
Plaintiff’s Original Petition, 111.
Joint Motion for Continuance Page 2 of 6
Cause No. DC-23-07715
assigned cause number DC-24-00160 in this Court.
5. On February 12, 2024, the Mansours filed a Motion to Consolidate the
RELK Suit into this suit. That motion is set for hearing on May 3, 2024.
6. On March 7, 2024, this Court set the RELK Suit for a non-jury trial on
the week of December 17, 2024.
7. On April 1, 2024, this Court set this case for a jury trial on the week of
June 24, 2024.
8. Irrespective of the outcome of the Mansours’ Motion to Consolidate, the
current trial setting in this case would effectively allow the Parties less than two (2)
months of discovery regarding the extensive claims brought by the Mansours as
intervening parties.
9. The Parties jointly request a jury trial setting after March 10, 2025 to
allow sufficient opportunity for development of claims, defenses, fact discovery and
expert discovery.
10. The Parties will confer and submit a Level 3 Scheduling Order following
receipt of a new jury trial setting.
11. This is the first request for a continuance in this case.
12. This continuance is not sought for purposes of delay, but solely so that
justice may be done.
13. For the foregoing reasons, the Parties request that the Court grant a
continuance of the case as set forth herein above.
Joint Motion for Continuance Page 3 of 6
Cause No. DC-23-07715
PRAYER
WHEREFORE, the Parties respectfully request that the Court grant their
Joint Motion for Continuance to provide a new jury trial setting no earlier than March
10, 2025. The Parties request such other and further relief to which they may show
themselves to be justly entitled.
Joint Motion for Continuance Page 4 of 6
Cause No. DC-23-07715
Respectfully submitted,
MAYER LLP PHELPS DUNBAR, LLC
750 N. Saint Paul Street, Suite 700 201 Main Street, Suite 1350
Dallas, Texas 75201 Fort Worth, Texas 76102
Telephone: 214-379-6900 Telephone: 817-386-1166
Facsimile: 817-386-1170
By: /s/ Wesley S. Alost
Wesley S. Alost By: /s/ Richard C. DeBerry spending
Texas State Bar No. 24027192 approval of unopposed Motion to Substitute)
walostQmayerllpeom Richard C. DeBerry
Benjamin Bonney Texas State Bar No. 00783948
Texas State Bar N0. 24109652 richard.deberrv@phelps.com
bbonneflQmayerllpeom
Attorneys For Long Cove
Attorneys for Drewery Development, Inc. and Lake View
Construction 00., Inc. Management and Development
District
BARLOW GARSEK & SIMON, L.L.P. BAILEY BRAUER PLLC
100 Lexington Street, Suite 151 8350 N. Central Expy, Suite 650
Fort Worth, Texas 76102 Dallas, Texas 75206
Telephone: 817-731-4500 Telephone: 214-360-7433
Facsimile: 817-731-6200 Facsimile: 214- 360-7435
By: /s/ Chris D. Collins By: /s/ Alexander M. Brauer
Chris D. Collins Alexander M. Brauer
Texas State Bar No. 24025300 Texas State Bar No. 24038780
ccollins@bgsfirm.com abrauer@bailevbrauer.com
Paul J. Vitanza Jason R. Marlin
Texas State Bar No. 24028100 Texas State Bar No. 24050989
pvitanzanggsfirmcom imarlin@bailevbrauer.com
Benjamin L. Stewart
Attorneys Yayha Mansour Texas State Bar No. 24046917
and Micael Mansour bstewart@bailevbrauer.com
Attorneys for RE Lake Homes, LLC
Robert Elliott Custom Homes, LLC
and Stillwater Capital Investments,
LLC
Joint Motion for Continuance Page 5 of 6
Cause No. DC-23-07715
CERTIFICATE OF SERVICE
This is to certify that on April 23, 2024, a true and correct copy of the foregoing
has been forwarded to all counsel of record Via the Court’s electronic filing system.
/s/ Ben Bonnev
Benjamin Bonney
Joint Motion for Continuance Page 6 of 6
Cause No. DC-23-07715
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.
Antoinette Hamilton on behalf of Benjamin Bonney
Bar No. 24109652
ahamilton@mayerllp.com
Envelope ID: 86965083
Filing Code Description: Motion - Continuance
Filing Description: JOINT
Status as of 4/24/2024 10:49 AM CST
Associated Case Party: LONG COVE DEVELOPMENT, INC.
Name BarNumber Email TimestampSubmitted Status
Richard DeBerry richard.deberry@phelps.com 4/23/2024 1:05:08 PM SENT
Associated Case Party: YAHYA MANSOUR
Name BarNumber Email TimestampSubmitted Status
Paul J. Vitanza pvitanza@bgsfirm.com 4/23/2024 1:05:08 PM SENT
Chris D.Collins ccollins@bgsfirm.com 4/23/2024 1:05:08 PM SENT
Associated Case Party: LAKE VIEW MANAGEMENT AND DEVELOPMENT
DISTRICT
Name BarNumber Email TimestampSubmitted Status
Kristen Sherwin ksherwin@winstead.com 4/23/2024 1:05:08 PM SENT
Associated Case Party: DREWERY CONSTRUCTION CO, INC.
Name BarNumber Email TimestampSubmitted Status
Wesley Alost walost@mayerllp.com 4/23/2024 1:05:08 PM SENT
Maria Korzendorfer msk@aaplaw.com 4/23/2024 1:05:08 PM SENT
Lucy Morton Imorton@allensworthlaw.com 4/23/2024 1:05:08 PM SENT
Travis Brown tbrown@allenswor1hlaw.com 4/23/2024 1:05:08 PM SENT
Benjamin Bonney bbonney@mayerllp.com 4/23/2024 1:05:08 PM SENT
Case Contacts
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.
Antoinette Hamilton on behalf of Benjamin Bonney
Bar No. 24109652
ahamilton@mayerllp.com
Envelope ID: 86965083
Filing Code Description: Motion - Continuance
Filing Description: JOINT
Status as of 4/24/2024 10:49 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Traci Clarke traci.clarke@phe|ps.com 4/23/2024 1:05:08 PM SENT
Tracie Vestall tvestall@bgsfirm.com 4/23/2024 1:05:08 PM SENT
Crystal Lash clash@mayerllp.com 4/23/2024 1:05:08 PM SENT
Associated Case Party: Stillwater Capital Investments, LLC
Name BarNumber Email TimestampSubmitted Status
Alexander Brauer abrauer@baileybrauer.com 4/23/2024 1:05:08 PM SENT
Jason Marlin jmarlin@baileybrauer.com 4/23/2024 1:05:08 PM SENT
Robin McKinnon rmckinnon@baileybrauer.com 4/23/2024 1:05:08 PM SENT
Preview
FILED 4/23/2024 1:05 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Ricky Brashear DEPUTY Cause No. DC-23-O7715 LONG COVE DEVELOPMENT, § IN THE DISTRICT COURT INC. and LAKE VIEW § MANAGEMENT AND § DEVELOPMENT DISTRICT, § § Plaintiffs, § § v. § § DREWERY CONSTRUCTION § CO., INC., § § Defendant. § § § YAHYA MANSOUR and MICAEL § MANSOUR, § Intervenor-Plaintiffs, g § 298th JUDICIAL DISTRICT V. § § LONG COVE DEVELOPMENT, § INC., § § Intervenor-Defendant, § § and § § RE LAKE HOMES, LLC; § ROBERT ELLIOTT CUSTOM § HOMES, LLC; and STILLWATER § CAPITAL INVESTMENTS, LLC, § § Third-Party Intervenor- § Defendants. § DALLAS COUNTY, TEXAS JOINT MOTION FOR CONTINUANCE Joint Motion for Continuance Page 1 of 6 Cause NO. DC-23-07715 TO THE HONORABLE JUDGE EMILY G. TOBOLOWSKY: COME NOW Long Cove Development, Inc. (“Lon Cove”), Lake View Management and Development District (“LVMDD”), Drewery Construction Co, Inc., (“Drewery”), Yahya Mansour and Micael Mansour (“Mansours”), RE Lake Homes, LLC “M3, Robert Elliott Custom Homes, LLC (“M”), and Stillwater Capital Investments, LLC (“Stillwater”) (collectively referred to as the “Parties”) and file this Joint Motion for Continuance of the June 24, 2024 jury trial setting in this matter, and in support thereof show the Court as follows: Background 1. Plaintiffs Long Cove and LVMDD (jointly, “Plaintiffs”) filed their Original Petition on June 23, 2023. Plaintiffs requested that discovery be conducted under Level 3.1 2. On January 3, 2024, RELK filed suit against the Mansours in Cause No. DC-23-07715 in the 14th District Court of Dallas County, Texas (the “RELK Suit”). 3. On January 17, 2024, unaware of the RELK Suit, the Mansours intervened in this suit by filing a Petition in Intervention and Third-Party Petition against Plaintiff Long Cove and Intervenor Defendants RELK, RECH, and Stillwater. 4. On February 6, 2024, the 14th District Court issued an Order of Transfer, transferring the RELK Suit to this Court, noting the interrelationship between the RELK Suit and the present suit. Upon transfer, the RELK Suit was 1 Plaintiff’s Original Petition, 111. Joint Motion for Continuance Page 2 of 6 Cause No. DC-23-07715 assigned cause number DC-24-00160 in this Court. 5. On February 12, 2024, the Mansours filed a Motion to Consolidate the RELK Suit into this suit. That motion is set for hearing on May 3, 2024. 6. On March 7, 2024, this Court set the RELK Suit for a non-jury trial on the week of December 17, 2024. 7. On April 1, 2024, this Court set this case for a jury trial on the week of June 24, 2024. 8. Irrespective of the outcome of the Mansours’ Motion to Consolidate, the current trial setting in this case would effectively allow the Parties less than two (2) months of discovery regarding the extensive claims brought by the Mansours as intervening parties. 9. The Parties jointly request a jury trial setting after March 10, 2025 to allow sufficient opportunity for development of claims, defenses, fact discovery and expert discovery. 10. The Parties will confer and submit a Level 3 Scheduling Order following receipt of a new jury trial setting. 11. This is the first request for a continuance in this case. 12. This continuance is not sought for purposes of delay, but solely so that justice may be done. 13. For the foregoing reasons, the Parties request that the Court grant a continuance of the case as set forth herein above. Joint Motion for Continuance Page 3 of 6 Cause No. DC-23-07715 PRAYER WHEREFORE, the Parties respectfully request that the Court grant their Joint Motion for Continuance to provide a new jury trial setting no earlier than March 10, 2025. The Parties request such other and further relief to which they may show themselves to be justly entitled. Joint Motion for Continuance Page 4 of 6 Cause No. DC-23-07715 Respectfully submitted, MAYER LLP PHELPS DUNBAR, LLC 750 N. Saint Paul Street, Suite 700 201 Main Street, Suite 1350 Dallas, Texas 75201 Fort Worth, Texas 76102 Telephone: 214-379-6900 Telephone: 817-386-1166 Facsimile: 817-386-1170 By: /s/ Wesley S. Alost Wesley S. Alost By: /s/ Richard C. DeBerry spending Texas State Bar No. 24027192 approval of unopposed Motion to Substitute) walostQmayerllpeom Richard C. DeBerry Benjamin Bonney Texas State Bar No. 00783948 Texas State Bar N0. 24109652 richard.deberrv@phelps.com bbonneflQmayerllpeom Attorneys For Long Cove Attorneys for Drewery Development, Inc. and Lake View Construction 00., Inc. Management and Development District BARLOW GARSEK & SIMON, L.L.P. BAILEY BRAUER PLLC 100 Lexington Street, Suite 151 8350 N. Central Expy, Suite 650 Fort Worth, Texas 76102 Dallas, Texas 75206 Telephone: 817-731-4500 Telephone: 214-360-7433 Facsimile: 817-731-6200 Facsimile: 214- 360-7435 By: /s/ Chris D. Collins By: /s/ Alexander M. Brauer Chris D. Collins Alexander M. Brauer Texas State Bar No. 24025300 Texas State Bar No. 24038780 ccollins@bgsfirm.com abrauer@bailevbrauer.com Paul J. Vitanza Jason R. Marlin Texas State Bar No. 24028100 Texas State Bar No. 24050989 pvitanzanggsfirmcom imarlin@bailevbrauer.com Benjamin L. Stewart Attorneys Yayha Mansour Texas State Bar No. 24046917 and Micael Mansour bstewart@bailevbrauer.com Attorneys for RE Lake Homes, LLC Robert Elliott Custom Homes, LLC and Stillwater Capital Investments, LLC Joint Motion for Continuance Page 5 of 6 Cause No. DC-23-07715 CERTIFICATE OF SERVICE This is to certify that on April 23, 2024, a true and correct copy of the foregoing has been forwarded to all counsel of record Via the Court’s electronic filing system. /s/ Ben Bonnev Benjamin Bonney Joint Motion for Continuance Page 6 of 6 Cause No. DC-23-07715 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. Antoinette Hamilton on behalf of Benjamin Bonney Bar No. 24109652 ahamilton@mayerllp.com Envelope ID: 86965083 Filing Code Description: Motion - Continuance Filing Description: JOINT Status as of 4/24/2024 10:49 AM CST Associated Case Party: LONG COVE DEVELOPMENT, INC. Name BarNumber Email TimestampSubmitted Status Richard DeBerry richard.deberry@phelps.com 4/23/2024 1:05:08 PM SENT Associated Case Party: YAHYA MANSOUR Name BarNumber Email TimestampSubmitted Status Paul J. Vitanza pvitanza@bgsfirm.com 4/23/2024 1:05:08 PM SENT Chris D.Collins ccollins@bgsfirm.com 4/23/2024 1:05:08 PM SENT Associated Case Party: LAKE VIEW MANAGEMENT AND DEVELOPMENT DISTRICT Name BarNumber Email TimestampSubmitted Status Kristen Sherwin ksherwin@winstead.com 4/23/2024 1:05:08 PM SENT Associated Case Party: DREWERY CONSTRUCTION CO, INC. Name BarNumber Email TimestampSubmitted Status Wesley Alost walost@mayerllp.com 4/23/2024 1:05:08 PM SENT Maria Korzendorfer msk@aaplaw.com 4/23/2024 1:05:08 PM SENT Lucy Morton Imorton@allensworthlaw.com 4/23/2024 1:05:08 PM SENT Travis Brown tbrown@allenswor1hlaw.com 4/23/2024 1:05:08 PM SENT Benjamin Bonney bbonney@mayerllp.com 4/23/2024 1:05:08 PM SENT Case Contacts 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. Antoinette Hamilton on behalf of Benjamin Bonney Bar No. 24109652 ahamilton@mayerllp.com Envelope ID: 86965083 Filing Code Description: Motion - Continuance Filing Description: JOINT Status as of 4/24/2024 10:49 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Traci Clarke traci.clarke@phe|ps.com 4/23/2024 1:05:08 PM SENT Tracie Vestall tvestall@bgsfirm.com 4/23/2024 1:05:08 PM SENT Crystal Lash clash@mayerllp.com 4/23/2024 1:05:08 PM SENT Associated Case Party: Stillwater Capital Investments, LLC Name BarNumber Email TimestampSubmitted Status Alexander Brauer abrauer@baileybrauer.com 4/23/2024 1:05:08 PM SENT Jason Marlin jmarlin@baileybrauer.com 4/23/2024 1:05:08 PM SENT Robin McKinnon rmckinnon@baileybrauer.com 4/23/2024 1:05:08 PM SENT