Preview
FILED
5/15/2024 11:38 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
No. DC-23-15752
TEXAS CAPITAL BANK, IN THE DISTRICT COURT OF
Plaintiff,
Vv. DALLAS COUNTY, TEXAS
BRANDON T. STEELE and
BTS ENTERPRISES, INC.,
Defendants. 191st JUDICIAL DISTRICT
PLAINTIFF’S MOTION TO COMPEL PRODUCTION OF DOCUMENTS
Texas Capital Bank (“Texas Capital” or “Plaintiff’) holds a judgment of more than
$35,000,000 jointly and severally against Brandon Steele (“Steele”) and BTS Enterprises, Inc.
(“BTSE” and, collectively, “Defendants”), with additional interest accruing daily, for their failure
to repay millions loaned to them. Despite the valid judgment entered by this Court in favor of
Texas Capital last October and a litany of empty promises since, Steele has so far refused to either
satisfy the judgment or meaningfully engage in basic post-judgment discovery, preventing Texas
Capital from identifying the assets against which it could recover. This Court should compel Steele
to produce responsive documents without objection or further delay.
BACKGROUND!
1 On October 27, 2023, the court entered an Agreed Final Judgment of
$35,796,722.70 with interest in favor of Texas Capital (the “Judgment”) based on Defendants’
failure to repay money loaned by Texas Capital. On December 20, 2023, the Court further entered
an Agreed Order Appointing Receiver which appointed Rick Brophy to market and sell the
"A full background of the parties and events leading up to this action is detailed in Texas Capital’s Original Petition,
Application for Appointment of Receiver, and Application for Temporary Injunction filed on September 15, 2023
(“Petition”).
PLAINTIFF’S MOTION TO COMPEL - PAGE 1
common stock issued by Steele Bancshares, Inc. (“SBI’’), which secured Defendants’ loans, to pay
the Judgment.
2. While Mr. Brophy, as Receiver, is undertaking efforts to sell the SBI stock to pay
the Judgment, in whole or in part, Texas Capital is, in parallel, taking other efforts to collect the
Judgment. As a result, Texas Capital has sought post-judgment discovery from Steele in parallel
with the receivership.
3 Texas Capital served Steele with its first Post-Judgment Requests for Production
on February 22, 2024 (“Requests”). The Requests sought documents and communications dating
back to June 1, 2019, necessary to identify, locate, and value Defendants’ assets and liabilities,
including: ?
Financial Statements
Tax Returns
Identity of Financial Advisors
Bank Statements
Brokerage Account Statements
Sources of Income
Debts
Routine Expenses
Property Deeds and Appraisals
Documentation of Vehicles and Livestock
Insurance Policies
Ownership Interests in Other Entities
Club Memberships
Any Other Assets
Gifts, Sales, or Transfers
Sale Efforts Relating to American State Bank
4 To avoid delay and to streamline production of relevant documents, Texas Capital
met and conferred with Steele’s counsel regarding the Requests on February 28, 2024. On that
call, Steele’s counsel noted that he anticipated that documents would be produced in the first week
? See generally Ex. 1, Texas Capital’s First Post-Judgment RFPs to Def. Steele (Feb. 22, 2024), App. 12-25; id. at 2,
App. 14.
PLAINTIFF’S MOTION TO COMPEL - PAGE 2
of March, and on a rolling basis thereafter, in advance of a deposition that was, at the time,
anticipated to take place in late March. March came and went and those documents did not arrive.
5 When asked again on March 12, 2024, about the status of an initial production of
documents, Steele’s counsel noted a shifted plan to produce “an initial round of documents on the
response date, March 25, 2024” and “then plan to do a rolling production.”? Upon asking for
confirmation on March 25, 2024, regarding the production of documents, Steele’s counsel noted
that a “initial” production would be made “related to the Receiver’s [separate] subpoena” with
additional documents to follow.’ Steele served his Objections and Responses to the Requests on
March 25, 2024 (“Responses”), along with two documents related to the Receiver’s subpoena.°
6 The Responses are deficient.® First, despite his roles as president, chairman, sole
director, and authorized director of BTSE, Steele refused to produce “documents related to
American State Bank, BTS Enterprise[s], Inc., or any other entity or person other than Mr. Steel[e]
individually” purportedly because “[t]hese documents [were] outside of Mr. Steel[e]’s possession,
custody, or control” and objected to the definition of “You” and “Your” for the same reasons.’
Steele also objected to the Relevant Time Period as “overbroad, unduly burdensome, irrelevant,
and not in proportion to any evidentiary benefit or the needs of this matter,”* but again failed to
provide any legal or factual basis for such objections. Notably, despite failing to object to the time
or place of production set out in the Requests, Steele failed to serve responsive documents to Texas
Capital’s Requests on or before the March 25, 2024 deadline.
3 Ex. 2, Email from M. Cloud to G. Brawley (March 12, 2024), App. 27.
4 Bx. 3, Email from M. Cloud to G. Brawley (March 25, 2024), App. 31.
5 Ex. 4, Def. Steele’s Obj. & Resp. to Texas Capital’s First Post-Judgment RFPs (March 25, 2024), App. 37-49.
° A chart summarizing Texas Capital’s Requests and Steele’s Responses is attached as Exhibit 5, App. 51-53.
7 Ex. 4 at 3-4, Responses to Request Nos. 1-11; 13-18; 20-24, App. 39-49.
87d. at 4, App. 40.
PLAINTIFF’S MOTION TO COMPEL - PAGE 3
7 Steele further made frivolous, boilerplate objections to nearly each and every
Request claiming the Requests were “overbroad, unduly burdensome, not reasonably tailored to
lead to relevant evidence, and not in proportion to any evidentiary benefit or the needs of the
matter”? but providing no specific factual or legal explanations to substantiate these objections. In
response to some requests, Steele agreed to produce “documents sufficient to show [Steele’s]
current assets and liabilities (if such documents are available) and transfers over $50,000 from
August 31, 2022 to present (if any);”!° however he did not identify or produce any documents
responsive to these Requests.
8 Texas Capital detailed the deficiencies of the Responses in writing on April 5,
2024.'' In response, Steele provided some amended responses and agreed to produce “documents
related to BTS Enterprises’ current assets and liabilities” but refused to produce any additional
BTSE documents.’” Steele also refused to reconsider his position on his deficient objections and
the Relevant Time Period.'*
9. On April 10, 2024, more than six weeks after they were requested and more than
two weeks after they were due, Steele produced just pvelve documents, consisting of six property
appraisals, what appears to be an inaccurate and incomplete spreadsheet of BTSE’s assets and
liabilities, four loan documents relating to a different loan for $9.7 million, and a public regulatory
agreement between SBI, American State Bank, the Texas Department of Banking, and the Federal
Reserve Bank of Dallas. Interestingly, the BTSE spreadsheet lists three additional loans for which
Steele provided no documents.
° See, e.g., Ex. 4, Response to Request No. 1, App. 41.
10 Ex. 4, Responses to Request Nos. 1-14, 16-17, 19-23, App. 41-49.
1! Bx, 6, Letter from M. Moran to G. Brawley (April 5, 2024), App. 55-58.
12 Ex, 7, Letter from G. Brawley to M. Moran, at | (April 11, 2024), App. 60.
13 Td. at2, App. 61.
PLAINTIFF’S MOTION TO COMPEL - PAGE 4
10. The parties met and conferred on April 24, 2024, to discuss the deficiencies of
Steele’s production. Steele’s counsel represented that Steele was gathering bank statements but
could not specify when those would be produced. Given that Texas Capital served the Requests
over two months prior, it requested Steele provide these documents by April 29, 2024.'"4 Steele
did not produce any documents by that date.
DE On April 30, 2024, Steele’s counsel assured Texas Capital that Steele would “make
a production [that] week” which would include bank statements.'> Nearly two weeks later, those
documents have still not arrived.
ARGUMENT
A. Texas Capital Seeks Highly Relevant Documents That Are Essential to Collecting on
Its Judgment.
12. A prevailing party may, for the purposes of obtaining information to aid in the
enforcement of a judgment, seek discovery as allowed by the rules of civil procedure for pretrial
matters. Tex. R. Civ. P. 621a. “Relevance in the context of post-judgment discovery in aid of
enforcement must be viewed in generally the same manner as in ordinary pre-trial discovery, which
includes within the scope of proper discovery anything reasonably calculated to lead to the
discovery of material evidence.” Collier Servs. Corp. v. Salinas, 812 S.W.2d 372, 376 (Tex.
App.—Corpus Christi-Edinburg 1991, no writ). Therefore, any evidence that would aid in the
enforcement of the judgment—that is, the identification and description of assets and liabilities—is
relevant under Rule 621a.
13. It is indisputable that Texas Capital’s Requests would aid in the enforcement and
collection of the Judgment. Texas Capital is owed over $35,000,000 that it has spent years
14 Ex. 8, Email from M. Cloud to G. Brawley (April 24, 2024), App. 64.
15 Ex. 9, Email from G. Brawley to M. Cloud (April 30, 2024), App. 70.
PLAINTIFF’S MOTION TO COMPEL - PAGE 5
attempting to collect from Defendants.'® Documents aimed at identifying the amount and location
of Steele’s assets, as well as any assets that were improperly transferred, are discoverable. Courts
have universally concluded documents such as financial statements, tax returns, bank statements,
brokerage account statements, insurance policies, property appraisals, and descriptions of
applicable gifts, sales, or transfers—all documents that Texas Capital seeks—are “highly relevant
and material” to this inquiry.'’ See In re Williams, 328 S.W.3d 103, 118-19 (Tex. App.—Corpus
Christi 2010, no pet.) (orig. proceeding) (affirming an order compelling a judgment debtor to
produce documents responsive to requests for bank statements, financial statements, descriptions
of assets, documentation of sales or purchases, and more related to the judgment debtor’s net
worth); Farkas v. Second Congress, Ltd., 2014 WL 1691645, at *6 (Tex. App.—Austin Apr. 25,
2014, no pet.) (mem. op.) (noting in post-judgment discovery “the relevance of bank statements
and accounts receivable . . . is self-evident and insurance policies and income tax returns could
[also] provide information useful to the inquiry”).
14. Texas Capital’s Relevant Time Period is necessary to discover evidence of
fraudulent transfers. Defendants have been creditors of Texas Capital since August 2019, meaning
potential fraudulent transfers may have occurred long before August 31, 2022. See Tex. Bus. &
Com. Code § 24.005(a) (setting out a claim for fraudulent transfer as to present or future creditors
when a transfer is made or obligation incurred under certain circumstances). And given the large
amount borrowed and purported lack of assets to repay the loan (and now the Judgment), Texas
Capital is entitled to investigate when, to whom, and in what amount Steele or BTSE may have
transferred assets to determine whether fraudulent transfers have occurred and to identify details
about the transfers. When there is an allegation or suspicion of potential fraudulent transfers,
6 See Pet., ff] 31-47.
17 See Ex. 1, Request Nos. 1, 2, 5, 6, 11, 15,21, App. 6-17, 19-20, 22.
PLAINTIFF’S MOTION TO COMPEL - PAGE 6
here, broader discovery of financial documents may be appropriate to trace the purported moving
of assets and money to prevent collection. See In re Williams, 328 S.W.3d at 118-19 (noting that
requests that go back “four to five years” are not overly broad when necessary to “trace the
purported moving of assets and money”).
15. Texas Capital’s requested Relevant Time Period begins less than three months prior
to the date on which Texas Capital and Defendants entered into the loans forming the basis of the
Judgment. There is no valid basis for Steele’s conclusory objection that this time frame is
overbroad and unduly burdensome.'* Steele must be ordered to search for and produce responsive
documents within the Relevant Time Period.
16. Similarly, Steele cannot arbitrarily limit discovery to transfers exceeding $50,000.'°
By way of limited example, multiple transfers of $25,000 could be even more detrimental to the
body of assets available for Texas Capital to execute upon than a single transfer of $50,001, but
none of those transfers would be identified under Steele’s purported discovery limitation. Given
that Steele has articulated no legitimate basis to limit discovery into his transfers—nor any
non-boilerplate basis at all—the Court should compel him to produce documents responsive to
Texas Capital’s Requests, including those identifying transfers or gifts having a fair market value
of more than $1,000.
B. Instead of Complying With His Discovery Obligations, Steele Makes Boilerplate,
Deficient Objections Which Are Therefore Waived.
17. Steele cannot hide behind boilerplate objections to avoid participating in basic
post-judgment discovery. Parties responding to discovery must “state specifically the legal or
factual basis for the objection and the extent to which the party is refusing to comply with the
18 See Ex. 4, Def. Steele’s Obj. & Resp. to Texas Capital’s First Post-Judgment RFPs, at 4, App. 40.
' See id., Responses to Request Nos. 1-14, 16-17, 19-23, App. 41-49.
PLAINTIFF’S MOTION TO COMPEL - PAGE 7
request.” Tex. R. Civ. P. 193.2(a); see also Tex. R. Civ. P. 193.2(b) (permitting objections to
written discovery only if a good faith factual and legal basis for the objection exists at the time it
is made); In re Lowery, 2014 WL 8060585, at *2 (Tex. App.—Dallas Dec. 18, 2014, no pet.)
(same). The bare statement that a request is overbroad or unduly burdensome is insufficient. Jn
re Park Cities Bank, 409 S.W.3d 859, 876 (Tex. App.—Tyler 2013, no pet.) (“[A] responding
party who objects to a request for production because is it overbroad, unduly burdensome, vague,
ambiguous, or unreasonably cumulative or duplicative should explain why the discovery request
suffers from each asserted deficiency.”).
18. And yet, Steele does just that in his Responses, merely stating the Requests are
“overbroad, unduly burdensome, not reasonably tailored to lead to relevant evidence, and not in
proportion to any evidentiary benefit or the needs of this matter.””” Without any specific factual
or legal basis for these objections, there is no way for Texas Capital to assess the legitimacy of
Steele’s position. In addition to these boilerplate objections being frivolous, Steele fails to state
whether documents are being withheld or will be produced, making it is impossible to know
whether responsive documents exist or if Steele is hiding behind his meritless objections.
Unsurprisingly, Texas law authorizes a finding of waiver in such circumstances. See Tex. R. Civ.
P. 193.2(e); In re Park Cities Bank, 409 S.W.3d at 878 (affirming the trial court’s finding that the
relators waived their objections to discovery by only making non-specific, general objections).
19. Steele also cannot avoid searching for and producing documents related to BTSE.
Texas Rule of Civil Procedure 192.3 requires a person to produce documents with his possession,
custody, or control. Tex. R. Civ. P. 192.3(a). “Possession, custody, or control of an item means
that the person either has physical possession of the item or has a right to possession of the item
20 See, e.g., id., Response to Request No. 1, App. 41.
PLAINTIFF’S MOTION TO COMPEL - PAGE 8
that is equal or superior to the person who has physical possession of the item.” Tex. R. Civ. P.
192.7(b). That responsive documents are not within a party’s “immediate physical possession”
does not mean such documents are not discoverable. See In re Summersett, 438 S.W.3d 74, 81
(Tex. App.—Corpus Christi 2013, no pet.) (orig. proceeding).
20. Steele is, at a minimum, obligated to search for and produce responsive documents
related to BTSE and the sale of American State Bank branches. As the president, chairman and
sole director?! of BTSE, Steele has a superior right of possession over any other BTSE employee
over documents relating to BTSE and its finances. See, e.g., id. at 82 (citing In re Kuntz, 124
S.W.3d 179 (Tex. 2003)) (finding that the president and chief medical officer of a company had a
superior right to possession of documents to anyone else at that company, which, by virtue of his
position, were in his constructive possession, custody, or control). The same reasoning applies to
SBI, which is the majority shareholder of American State Bank. Because Steele is the president,
chief executive officer, chairman, and sole stockholder of SBI, Steele necessarily has possession,
custody, or control over documents relating to any sale of an American State Bank branch.” Thus,
Steele’s contention that he “does not have any such documents in his individual possession,
custody, or control” is irrelevant to this inquiry. See id. at 82 (noting the president and chief
medical officer’s argument that he did not have actual possession of the documents was “premised
on a misunderstanding of the applicable law”).
21. Because Steele failed to raise any proper objection within the required time period,
his objections are waived and his production of twelve documents is incomplete and insufficient.
Steele cannot skirt his discovery obligations by reframing Texas Capital’s Requests,
21 Id., Response to Request No. 18, App. 47 (confirming that no documents exist to identify any other director of
BTSE).
2 See Ex. 1, Request No. 18, App. 21.
PLAINTIFF’S MOTION TO COMPEL - PAGE 9
cherry-picking the documents he would like to produce, and then slow rolling their production.
For these reasons, the Court should compel Steele to collect, review, and produce documents
responsive to the Requests within ten days of an order compelling production.”
CONCLUSION
For the foregoing reasons, Texas Capital respectfully requests the Court enter an order
deeming Steele’s objections waived and compelling the production of responsive documents by
no later than ten days following entry of the order.
Dated: May 15, 2024 Respectfully submitted,
VINSON & ELKINS LLP
/s/ Manuel G. Berrelez
Manuel G. Berrelez
State Bar No. 24057760
Matthew W. Moran
State Bar No. 24002642
2001 Ross Avenue, Suite 3900
Dallas, Texas 75201
Telephone: (214) 220-7700
Facsimile: (214) 220-7716
mberrelez@velaw.com
mmoran@velaw.com
Attorneys for Plaintiff Texas Capital Bank
23 Texas Capital notes that Mr. Steele’s deposition has been noticed to take place on May 23, 2024. If Texas Capital
does not receive responsive documents prior to the deposition, it reserves the right to re-depose Steele on documents
that are not produced in a reasonable time in advance of the deposition.
PLAINTIFF’S MOTION TO COMPEL - PAGE 10
CERTIFICATE OF SERVICE
[hereby certify that on May 15, 2024, a true and correct copy of the foregoing Motion was
served on all counsel of record in accordance with Rule 21a of the Texas Rules of Civil Procedures
via electronic service.
/s/ Manuel G. Berrelez
Manuel G. Berrelez
CERTIFICATE OF CONFERENCE
Counsel for movant and counsel for respondent have personally conducted a conference at
which there was a substantive discussion of every item presented to the Court in this motion and
despite best efforts the counsel have not been able to resolve those matters.
/s/ Manuel G. Berrelez
Manuel G. Berrelez
PLAINTIFF’S MOTION TO COMPEL - PAGE 11
EXHIBIT 1
12
No. DC-23-15752
TEXAS CAPITAL BANK, IN THE DISTRICT COURT OF
Plaintiff,
DALLAS COUNTY, TEXAS
BRANDON T. STEELE and
BTS ENTERPRISES, INC.,
Defendants. 191st JUDICIAL DISTRICT
TEXAS CAPITAL BANK’S FIRST POST-JUDGMENT REQUESTS FOR
PRODUCTION TO DEFENDANT BRANDON T. STEELE
TO: Defendant Brandon T. Steele, by and through his attorneys, David J. Beck and Garrett S.
Brawley, Beck Redden LLP, 1221 McKinney Street, Suite 4500, Houston, Texas 77010.
Plaintiff Texas Capital Bank (“Texas Capital’) requests that Defendant Brandon T. Steele
(“Steele”) produce the documents and things requested below no later than thirty (30) days after
service of these Requests for Production (individually, a “Request” and collectively, the
“Requests”). Responsive documents should be produced to Texas Capital’s counsel, Matthew W.
Moran, Vinson & Elkins LLP, 2001 Ross Ave., Suite 3900, Dallas, Texas 75201, or by electronic
service to mmoran@velaw.com.
DEFINITIONS
“Asset” means any property or thing of value You or any other entity owns, claims, or
holds any interest in, in whole or in part, including, without limitation, all real property,
tangible personal property including cash, vehicles, inventory, machinery, equipment, and
supplies, and intangible personal property, including contracts, accounts receivable, notes
receivable, stocks, bonds, or other securities, and ownership interests in any other entity.
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 1
13
“BTSE” means BTS Enterprises, Inc., including any of its applicable foreign and domestic
affiliates, parents, or subsidiaries, as well as any agents, employees, consultants, staff, or
representatives of each.
“Controlled” means the authority over use and management, whether in whole or in part.
“Describe” means provide information sufficient to account for all relevant characteristics,
qualities, or events. For the avoidance of doubt, the term “Describe” includes, as applicable
and without limitation, physical addresses or locations, physical descriptions, account
balances, quantities, and fair market values.
“Financial Statement’ means a balance sheet, income statement, or cash flow statement,
or any other document reflecting Assets and liabilities at a fixed point in time or money
made and spent over a period of time, whether audited or unaudited, including any drafts.
“Income” means any and all money, earnings, revenue, or payments of any kind that you
received, are due, or otherwise expect to receive in any form, whether by cash, check, credit
card, electronic transfer or otherwise, including without limitation payments for goods and
services, payments on accounts receivable, loan repayments, interest, rents, royalties,
license fees, commissions, dividends, distributions, payments relating to sales of Assets,
equipment, or inventory, payments related to contracts, or any other payment received.
“Relevant Time Period” for these requests is from June 1, 2019, until the present unless
otherwise specified.
“You” or “Your” means Brandon T. Steele, his spouse, and/or any person or entity
purporting to act on his behalf.
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 2
14
INSTRUCTIONS
In construing these topics: (i) the singular shall include the plural and the plural shall
include the singular; (ii) the conjunctions “and” and “oi shall be read either disjunctively
or conjunctively so as to bring within the scope of these requests all information that might
otherwise be construed to be outside its scope; (iii) each of the words “all 1?“ each,” “any,”
and “every” shall be deemed to include each of the other functional words; and (iv) the
past tense of a verb used herein shall include the present tense and the present tense shall
include the past tense.
Any word not defined above shall take its ordinary and plain meaning.
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 3
15
REQUESTS FOR PRODUCTION
REQUEST FOR PRODUCTION NO. 1:
All financial statements which You have prepared or which have been prepared on Your
behalf or on behalf of BTSE by any person during the Relevant Time Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 2:
All tax returns, including schedules and attachments thereto, filed by You or on Your
behalf or on behalf of BTSE with any country, state, or political subdivision since and including
the 2018 tax year.
RESPONSE:
REQUEST FOR PRODUCTION NO. 3:
Documents sufficient to identify the names and addresses of persons who have served as
bookkeepers, accountants, tax preparers, or financial advisers for You or BTSE during the
Relevant Time Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 4:
All documents provided to persons who have served as bookkeepers, accountants, tax
preparers, or financial advisors for You or BTSE during the Relevant Time Period.
RESPONSE:
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 4
16
REQUEST FOR PRODUCTION NO. 5:
All bank statements for each account which You or BTSE have owned, maintained, or
controlled directly or indirectly whether individually or jointly with another person or entity, at
any bank, savings and loan association, credit union, brokerage company, or other repository or
financial institution, during the Relevant Time Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 6:
All account statements related to any brokerage account or any account showing stock,
bond, or other security holdings or certificates of deposit which You or BTSE have owned,
maintained, or controlled directly or indirectly whether individually or jointly with another person
or entity, at any bank, savings and loan association, credit union, brokerage company, or other
repository, trading platform, or financial institution, during the Relevant Time Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 7:
Documents sufficient to identify and describe all sources of Income paid to You or BTSE
on account of employment or business activities during the Relevant Time Period, including,
without limitation, employment agreements, consulting agreements, loan payments, settlement
payments, or dividends.
RESPONSE:
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 5
17
REQUEST FOR PRODUCTION NO. 8:
Documents sufficient to identify and describe any accounts receivable, notes, claims, debts,
settlements, bequests, gifts, estates, inheritances, trusts, employee benefit plans, or other amounts
to which You or BTSE are currently entitled or owed from any other person or entity.
RESPONSE:
REQUEST FOR PRODUCTION NO. 9:
Documents and communications sufficient to identify and describe the status and amount
owed on any debts or other financial obligations or liabilities that You or BTSE currently owe,
including, without limitation, any and all notes, deeds of trust, mortgages, security agreements,
financing statements, leases, loan agreement, credit agreements, guaranties, pledge agreements,
margin account agreements, judgments, or similar documents evidencing or securing an
indebtedness.
RESPONSE:
REQUEST FOR PRODUCTION NO. 10:
Documents and communications sufficient to identify any regular or routine expense of
more than $1000 paid or incurred by You or BTSE during the Relevant Time Period.
RESPONSE:
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 6
18
REQUEST FOR PRODUCTION NO. 11:
Documents and communications sufficient to identify and describe the fair market value
of any real property currently owned or controlled directly or indirectly by You or BTSE, in whole
or in part, including, without limitation, houses, land, ranches, and oil and gas or other mineral or
natural resource interests, including water rights, wherever located and regardless of homestead
status, including any appraisal.
RESPONSE:
REQUEST FOR PRODUCTION NO. 12:
All titles, deeds, deeds of trust, mortgages, security agreements, leases, easements, rights
of way, or other documents relating to any property identified pursuant to these Requests.
RESPONSE:
REQUEST FOR PRODUCTION NO. 13:
Documents and communications sufficient to identify and describe the fair market value
of any vehicle currently owned or controlled directly or indirectly by You or BTSE, including,
without limitation, cars, trucks, motorcycles, motor homes, trailers, vans, recreational vehicles,
all-terrain vehicles, tractors, other farm equipment, boats, jet skis, boat trailers, airplanes, or
helicopters.
RESPONSE:
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 7
19
REQUEST FOR PRODUCTION NO. 14:
Documents and communications sufficient to identify and describe any livestock,
including, without limitation, horses or cattle, currently owned or controlled directly or indirectly
by You or BTSE, including the location of any such livestock.
RESPONSE:
REQUEST FOR PRODUCTION NO. 15:
Any insurance policy, together with all schedules, riders and addenda thereto, related to
any real or personal property identified pursuant to any Request herein.
RESPONSE:
REQUEST FOR PRODUCTION NO. 16:
All inventories of real property and/or personal property owned or controlled directly or
indirectly by You or BTSE that have been prepared during the Relevant Time Period.
RESPONSE:
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 8
20
REQUEST FOR PRODUCTION NO. 17:
Documents and communications sufficient to identify and describe Your interest or
BTSE’s interest in any corporation, partnership, proprietorship, joint venture, trust, business trust,
limited liability company, or other entity or business which You or BTSE directly or indirectly
own or have owned, possessed, or controlled during the Relevant Time Period, including, without
limitation, any articles of incorporation, certificates of incorporation, bylaws, organizational
minutes, other minutes, resolutions, shareholder or director consents, partnership agreements,
shareholder agreements, buy-sell agreements, stock transfer records, stock certificates, partnership
certificates, or other ownership interest certificates.
RESPONSE:
REQUEST FOR PRODUCTION NO. 18:
Documents and communications sufficient to identify the name and address of any of the
officers, directors, managers, trustees or managing agents of any entity in which You or BTSE
hold or have held any interest, as identified pursuant to any Request herein.
RESPONSE:
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 9
21
REQUEST FOR PRODUCTION NO. 19:
Documents and communications sufficient to identify and describe any membership You
currently possess or have possessed at any time, in any country club, golf club, tennis club, dining
club, hunting club, fishing club, other private club, or similar organization, including, but not
limited to, documents pertaining to initiation fees, dues, assessments, or other charges You have
paid (or which have been billed to You) to acquire and continue such membership during the
Relevant Time Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 20:
Documents and communications sufficient to identify and describe any other Asset—real,
personal, fixed, movable, tangible, intangible, current, contingent, or otherwise—owned, in whole
or in part, or controlled directly or indirectly by You or BTSE not already disclosed pursuant to
any other Request herein.
RESPONSE:
REQUEST FOR PRODUCTION NO. 21:
Documents and communications sufficient to identify and describe any gift, sale,
disposition or other transfer of any of Your or BTSE’s personal property or real property having a
fair market value in excess of $1,000 during the Relevant Time Period, including to family
members.
RESPONSE:
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 10
22
REQUEST FOR PRODUCTION NO, 22:
Documents and communications sufficient to identify and describe any trust or
guardianship that You have established for the benefit of any person or that has been established
for You and the funds or property You contributed thereto, irrespective of time period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 23:
Documents sufficient to identify the existence and terms of any prenuptial agreement,
postnuptial agreement, marital property agreement, partition agreement, or similar agreement
relating to the property interests You have in property acquired prior to or during your marriage.
RESPONSE:
REQUEST FOR PRODUCTION NO. 24:
All documents and communications pertaining to any effort to sell any branch or branches
of American State Bank since January 1, 2023.
RESPONSE:
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 11
23
Dated: February 22, 2024 Respectfully submitted,
VINSON & ELKINS LLP
/s/ Manuel G. Berrelez
Manuel G. Berrelez
State Bar No. 24057760
Matthew W. Moran
State Bar No. 24002642
2001 Ross Avenue, Suite 3900
Dallas, Texas 75201
Telephone: (214) 220-7700
Facsimile: (214) 220-7716
mberrelez@velaw.com
mmoran@velaw.com
Attorneys for Plaintiff Texas Capital Bank
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 12
24
CERTIFICATE OF SERVICE
Thereby certify that on February 22, 2024, a true and correct copy of the foregoing First
Post-Judgment Requests for Production of Documents to Defendant Brandon T. Steele was served
on all counsel of record in accordance with Rule 21a of the Texas Rules of Civil Procedures via
electronic service.
/s/ Manuel G. Berrelez
Manuel G. Berrelez
REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 13
25
EXHIBIT 2
26
Cloud, Megan
From: Garrett Brawley
Sent: Tuesday, March 12, 2024 10:26 AM
To: Cloud, Megan; David J. Beck
Cec: Berrelez, Manuel G.; Moran, Matthew
Subject: RE: Texas Capital/Steele | Deposition Dates
[EXTERNAL] -
Our current plan is to do an i itial round of documents on the response date, March 25, 2024. We will then plan to do a
rolling production.
GARRETT S. BRAWLEY
Associate
Beck Redden LLP
(713) 951-6240 | phone
(713) 951-3720 | fax
el
1221 McKinney Street | Suite 4500 | Houston, Texas 77010-2010
website | bio | linkedin | vCard | map | gbrawley@beckredden.com
CONFIDENTIALITY NOTICE: Unless otherwise indicated or obvious from the nature of the transmittal, the
information contained in this e-mail message is attorney privileged an confidential information intended
for the use of the individual or entity named above. If the reader his message is not the intended
recipient, or the employee or agent sponsible to deliver it to the intended recipient, you are hereby
notified that any di mination, di ibution or copying of this communication is strictly prohibited. If you
have eceived this communication in error do not read it. Please delete it from your system without
copying it, and immedi notify he sender by reply email or by calling 713.951.3700 so that our
ress record can be corrected. Thank Ou.
From: Cloud, Megan
Sent: Tuesday, March 12, 2024 10:11 AM
To: Garrett Brawley ; David J. Beck
Cc: Berrelez, Manuel G. ; Moran, Matthew
Subject: RE: Texas Capital/Steele | Deposition Dates
*** This message came from outside Beck Redden LLP. ***
Garrett,
Can you let us know when you expect to produce your initial round of documents? Thanks very much.
Best,
Megan
Megan Cloud (she/her)
Associate
Vinson &Elkins
27
E meloud@velaw.com
W +1.214.220.7949
2001 Ross Avenue
Suite 3900
Dallas, TX 75201
Veard | Bio | velaw.com
From: Garrett Brawley
Sent: Monday, March 11, 2024 4:39 PM
To: Cloud, Megan ; David J. Beck
Cc: Berrelez, Manuel G. ; Moran, Matthew
Subject: RE: Texas Capital/Steele | Deposition Dates
[EXTERNAL] -
Megan: To the extent you want the production of documents prior to the depositions as you noted on our previous call,
| suggest we schedule the deposition for April. We are only presenting Brandon once.
If you want to proceed regardless of document production, I’Il confirm whether March 28" works and report back
shortly.
GARRETT S. BRAWLEY
Associate
Beck Redden LLP
(713) 951-6240 | phone
(713) 951-3720 | fax
1221 McKinney Street | Suite 4500 | Houston, Texas 77010-2010
website | bio | linkedin | vCard | map | gbrawley@beckredden.com
CONFIDENTIALITY NOTICE: Unless othe: ¢ indicated or obvious from the nature of the transmittal,the
information ct ined in this e-mail mess: e is attorney privileged and confiden | information inte led
for the use tr individu or entity named above. If the reader o} his m sage is not the intended
recipient, or the employ or agent responsible to deliver it to the intended recipient, you are hereby
notified that any ¢ ination, distr ion pying of this communication is strictly prohibited. If you
have received this communication in err do not read it. Please del it from your system without
copying it, and immediately notify the sender by reply email or by calling 713.951.3700, so that our
address record can be corr ‘ted. Thank you.
From: Cloud, Megan
Sent: Monday, March 11, 2024 3:56 PM
To: Garrett Brawley ; David J. Beck
Cc: Berrelez, Manuel G. ; Moran, Matthew
Subject: Texas Capital/Steele | Deposition Dates
*** This message came from outside Beck Redden LLP. +e]
Garrett,
In light of the All Hands’ Meeting now scheduled for March 27, can you please confirm that the Brandon Steele/SBI
deposition will go forward on March 28 in Houston? And can you please confirm whether you will be representing BTS
Enterprises, Inc. for that deposition? Thanks very much.
28
Best,
Megan
Megan Cloud (she/her)
Associate
Vinsoné&Elkins
E meloud@velaw.com
W #1.214.220.7949
2001 Ross Avenue
Suite 3900
Dallas, TX 75201
Veard I Bio I velaw.com
CONFIDENTIALITY NOTICE: The information in this email may be confidential and/or privileged. This email is
intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an
authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying
of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this
email in error, please immediately notify the sender by return email and delete this email from your system.
Thank You.
- -
29
EXHIBIT 3
30
Cloud, Megan
From: Garrett Brawley
Sent: Monday, March 25, 2024 1:03 PM
To: Cloud, Megan; David J. Beck
Ce: Berrelez, Manuel G.; Moran, Matthew
Subject: RE: Texas Capital/Steele | Deposition Dates
[EXTERNAL] -
Megan:
David’s trial is ending tomorrow. After that, I’m going to get with him and Brandon related to potential deposition dates
in April. We will be making an initial production today, but it will be related to the Receiver’s subpoena. Our hope is to
continue a rolling production as we gather responsive documents.
Best,
Garrett
GARRETT S. BRAWLEY
Associate
Beck Redden LLP
(713) 951-6240 | phone
(713) 951-3720 | fax
a= =
1221 McKinney Street | Suite 4500 | Houston, Texas 77010-2010
website | bio | linkedin | vCard | map | gbrawley@beckredden.com
CONFIDENTIALITY NOTICE: Unless othe: e indicated or obvious from the nature of the transi ittal, the
information contained in this e-mail me: isattorney privileged and confidential information inte ied
for the use of the individual or entity named above. If the reader his mes: is not the intended
re nt, or the employee or agent jonsible to d it to th e int d re ipient, you are he by
no hat any dissemination, distribu ion or copying his communication is strictly prohibit ed. If you
have received this communicati ion in error, do not read it. Please del it from you tem ithout
copying it, and immediately notify the der by reph email or by calling 713.951.3701 so that our
address record can be corrected. Thank you.
From: Cloud, Megan
Sent: Monday, March 25, 2024 12:58 PM
To: Garrett Brawley ; David J. Beck
Cc: Berrelez, Manuel G. ; Moran, Matthew
Subject: RE: Texas Capital/Steele | Deposition Dates
*** This message came from outside Beck Redden LLP. ***
Garrett,
Following up on potential deposition dates and to see if you still anticipate making your initial production today. Can you
let us know? Thanks very much.
Best,
31
Megan
Megan Cloud (she/her)
Associate
Vinson &Elkins
E mcloud@velaw.com
W #1.214,220.7949
2001 Ross Avenue
Suite 3900
Dallas, TX 75201
Veard | Bio | velaw.com
From: Garrett Brawley
Sent: Thursday, March 21, 2024 1:55 PM
To: Cloud, Megan ; David J. Beck
Cc: Berrelez, Manuel G. ; Moran, Matthew
Subject: RE: Texas Capital/Steele | Deposition Dates
[EXTERNAL] -
| will work to get dates in April and circle back. Thanks.
GARRETT S. BRAWLEY
Associate
Beck Redden LLP
(713) 951-6240 | phone
(713) 951-3720 | fax
1221 McKinney Street | Suite 4500 | Houston, Texas 77010-2010
website | bio | linkedin | vCard | map | gbrawley@beckredden.com
CONFIDENTIALITY NOTICE: Unless otherwise indicated or obvious from the nature of the transmitta
Preview
FILED 5/15/2024 11:38 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY No. DC-23-15752 TEXAS CAPITAL BANK, IN THE DISTRICT COURT OF Plaintiff, Vv. DALLAS COUNTY, TEXAS BRANDON T. STEELE and BTS ENTERPRISES, INC., Defendants. 191st JUDICIAL DISTRICT PLAINTIFF’S MOTION TO COMPEL PRODUCTION OF DOCUMENTS Texas Capital Bank (“Texas Capital” or “Plaintiff’) holds a judgment of more than $35,000,000 jointly and severally against Brandon Steele (“Steele”) and BTS Enterprises, Inc. (“BTSE” and, collectively, “Defendants”), with additional interest accruing daily, for their failure to repay millions loaned to them. Despite the valid judgment entered by this Court in favor of Texas Capital last October and a litany of empty promises since, Steele has so far refused to either satisfy the judgment or meaningfully engage in basic post-judgment discovery, preventing Texas Capital from identifying the assets against which it could recover. This Court should compel Steele to produce responsive documents without objection or further delay. BACKGROUND! 1 On October 27, 2023, the court entered an Agreed Final Judgment of $35,796,722.70 with interest in favor of Texas Capital (the “Judgment”) based on Defendants’ failure to repay money loaned by Texas Capital. On December 20, 2023, the Court further entered an Agreed Order Appointing Receiver which appointed Rick Brophy to market and sell the "A full background of the parties and events leading up to this action is detailed in Texas Capital’s Original Petition, Application for Appointment of Receiver, and Application for Temporary Injunction filed on September 15, 2023 (“Petition”). PLAINTIFF’S MOTION TO COMPEL - PAGE 1 common stock issued by Steele Bancshares, Inc. (“SBI’’), which secured Defendants’ loans, to pay the Judgment. 2. While Mr. Brophy, as Receiver, is undertaking efforts to sell the SBI stock to pay the Judgment, in whole or in part, Texas Capital is, in parallel, taking other efforts to collect the Judgment. As a result, Texas Capital has sought post-judgment discovery from Steele in parallel with the receivership. 3 Texas Capital served Steele with its first Post-Judgment Requests for Production on February 22, 2024 (“Requests”). The Requests sought documents and communications dating back to June 1, 2019, necessary to identify, locate, and value Defendants’ assets and liabilities, including: ? Financial Statements Tax Returns Identity of Financial Advisors Bank Statements Brokerage Account Statements Sources of Income Debts Routine Expenses Property Deeds and Appraisals Documentation of Vehicles and Livestock Insurance Policies Ownership Interests in Other Entities Club Memberships Any Other Assets Gifts, Sales, or Transfers Sale Efforts Relating to American State Bank 4 To avoid delay and to streamline production of relevant documents, Texas Capital met and conferred with Steele’s counsel regarding the Requests on February 28, 2024. On that call, Steele’s counsel noted that he anticipated that documents would be produced in the first week ? See generally Ex. 1, Texas Capital’s First Post-Judgment RFPs to Def. Steele (Feb. 22, 2024), App. 12-25; id. at 2, App. 14. PLAINTIFF’S MOTION TO COMPEL - PAGE 2 of March, and on a rolling basis thereafter, in advance of a deposition that was, at the time, anticipated to take place in late March. March came and went and those documents did not arrive. 5 When asked again on March 12, 2024, about the status of an initial production of documents, Steele’s counsel noted a shifted plan to produce “an initial round of documents on the response date, March 25, 2024” and “then plan to do a rolling production.”? Upon asking for confirmation on March 25, 2024, regarding the production of documents, Steele’s counsel noted that a “initial” production would be made “related to the Receiver’s [separate] subpoena” with additional documents to follow.’ Steele served his Objections and Responses to the Requests on March 25, 2024 (“Responses”), along with two documents related to the Receiver’s subpoena.° 6 The Responses are deficient.® First, despite his roles as president, chairman, sole director, and authorized director of BTSE, Steele refused to produce “documents related to American State Bank, BTS Enterprise[s], Inc., or any other entity or person other than Mr. Steel[e] individually” purportedly because “[t]hese documents [were] outside of Mr. Steel[e]’s possession, custody, or control” and objected to the definition of “You” and “Your” for the same reasons.’ Steele also objected to the Relevant Time Period as “overbroad, unduly burdensome, irrelevant, and not in proportion to any evidentiary benefit or the needs of this matter,”* but again failed to provide any legal or factual basis for such objections. Notably, despite failing to object to the time or place of production set out in the Requests, Steele failed to serve responsive documents to Texas Capital’s Requests on or before the March 25, 2024 deadline. 3 Ex. 2, Email from M. Cloud to G. Brawley (March 12, 2024), App. 27. 4 Bx. 3, Email from M. Cloud to G. Brawley (March 25, 2024), App. 31. 5 Ex. 4, Def. Steele’s Obj. & Resp. to Texas Capital’s First Post-Judgment RFPs (March 25, 2024), App. 37-49. ° A chart summarizing Texas Capital’s Requests and Steele’s Responses is attached as Exhibit 5, App. 51-53. 7 Ex. 4 at 3-4, Responses to Request Nos. 1-11; 13-18; 20-24, App. 39-49. 87d. at 4, App. 40. PLAINTIFF’S MOTION TO COMPEL - PAGE 3 7 Steele further made frivolous, boilerplate objections to nearly each and every Request claiming the Requests were “overbroad, unduly burdensome, not reasonably tailored to lead to relevant evidence, and not in proportion to any evidentiary benefit or the needs of the matter”? but providing no specific factual or legal explanations to substantiate these objections. In response to some requests, Steele agreed to produce “documents sufficient to show [Steele’s] current assets and liabilities (if such documents are available) and transfers over $50,000 from August 31, 2022 to present (if any);”!° however he did not identify or produce any documents responsive to these Requests. 8 Texas Capital detailed the deficiencies of the Responses in writing on April 5, 2024.'' In response, Steele provided some amended responses and agreed to produce “documents related to BTS Enterprises’ current assets and liabilities” but refused to produce any additional BTSE documents.’” Steele also refused to reconsider his position on his deficient objections and the Relevant Time Period.'* 9. On April 10, 2024, more than six weeks after they were requested and more than two weeks after they were due, Steele produced just pvelve documents, consisting of six property appraisals, what appears to be an inaccurate and incomplete spreadsheet of BTSE’s assets and liabilities, four loan documents relating to a different loan for $9.7 million, and a public regulatory agreement between SBI, American State Bank, the Texas Department of Banking, and the Federal Reserve Bank of Dallas. Interestingly, the BTSE spreadsheet lists three additional loans for which Steele provided no documents. ° See, e.g., Ex. 4, Response to Request No. 1, App. 41. 10 Ex. 4, Responses to Request Nos. 1-14, 16-17, 19-23, App. 41-49. 1! Bx, 6, Letter from M. Moran to G. Brawley (April 5, 2024), App. 55-58. 12 Ex, 7, Letter from G. Brawley to M. Moran, at | (April 11, 2024), App. 60. 13 Td. at2, App. 61. PLAINTIFF’S MOTION TO COMPEL - PAGE 4 10. The parties met and conferred on April 24, 2024, to discuss the deficiencies of Steele’s production. Steele’s counsel represented that Steele was gathering bank statements but could not specify when those would be produced. Given that Texas Capital served the Requests over two months prior, it requested Steele provide these documents by April 29, 2024.'"4 Steele did not produce any documents by that date. DE On April 30, 2024, Steele’s counsel assured Texas Capital that Steele would “make a production [that] week” which would include bank statements.'> Nearly two weeks later, those documents have still not arrived. ARGUMENT A. Texas Capital Seeks Highly Relevant Documents That Are Essential to Collecting on Its Judgment. 12. A prevailing party may, for the purposes of obtaining information to aid in the enforcement of a judgment, seek discovery as allowed by the rules of civil procedure for pretrial matters. Tex. R. Civ. P. 621a. “Relevance in the context of post-judgment discovery in aid of enforcement must be viewed in generally the same manner as in ordinary pre-trial discovery, which includes within the scope of proper discovery anything reasonably calculated to lead to the discovery of material evidence.” Collier Servs. Corp. v. Salinas, 812 S.W.2d 372, 376 (Tex. App.—Corpus Christi-Edinburg 1991, no writ). Therefore, any evidence that would aid in the enforcement of the judgment—that is, the identification and description of assets and liabilities—is relevant under Rule 621a. 13. It is indisputable that Texas Capital’s Requests would aid in the enforcement and collection of the Judgment. Texas Capital is owed over $35,000,000 that it has spent years 14 Ex. 8, Email from M. Cloud to G. Brawley (April 24, 2024), App. 64. 15 Ex. 9, Email from G. Brawley to M. Cloud (April 30, 2024), App. 70. PLAINTIFF’S MOTION TO COMPEL - PAGE 5 attempting to collect from Defendants.'® Documents aimed at identifying the amount and location of Steele’s assets, as well as any assets that were improperly transferred, are discoverable. Courts have universally concluded documents such as financial statements, tax returns, bank statements, brokerage account statements, insurance policies, property appraisals, and descriptions of applicable gifts, sales, or transfers—all documents that Texas Capital seeks—are “highly relevant and material” to this inquiry.'’ See In re Williams, 328 S.W.3d 103, 118-19 (Tex. App.—Corpus Christi 2010, no pet.) (orig. proceeding) (affirming an order compelling a judgment debtor to produce documents responsive to requests for bank statements, financial statements, descriptions of assets, documentation of sales or purchases, and more related to the judgment debtor’s net worth); Farkas v. Second Congress, Ltd., 2014 WL 1691645, at *6 (Tex. App.—Austin Apr. 25, 2014, no pet.) (mem. op.) (noting in post-judgment discovery “the relevance of bank statements and accounts receivable . . . is self-evident and insurance policies and income tax returns could [also] provide information useful to the inquiry”). 14. Texas Capital’s Relevant Time Period is necessary to discover evidence of fraudulent transfers. Defendants have been creditors of Texas Capital since August 2019, meaning potential fraudulent transfers may have occurred long before August 31, 2022. See Tex. Bus. & Com. Code § 24.005(a) (setting out a claim for fraudulent transfer as to present or future creditors when a transfer is made or obligation incurred under certain circumstances). And given the large amount borrowed and purported lack of assets to repay the loan (and now the Judgment), Texas Capital is entitled to investigate when, to whom, and in what amount Steele or BTSE may have transferred assets to determine whether fraudulent transfers have occurred and to identify details about the transfers. When there is an allegation or suspicion of potential fraudulent transfers, 6 See Pet., ff] 31-47. 17 See Ex. 1, Request Nos. 1, 2, 5, 6, 11, 15,21, App. 6-17, 19-20, 22. PLAINTIFF’S MOTION TO COMPEL - PAGE 6 here, broader discovery of financial documents may be appropriate to trace the purported moving of assets and money to prevent collection. See In re Williams, 328 S.W.3d at 118-19 (noting that requests that go back “four to five years” are not overly broad when necessary to “trace the purported moving of assets and money”). 15. Texas Capital’s requested Relevant Time Period begins less than three months prior to the date on which Texas Capital and Defendants entered into the loans forming the basis of the Judgment. There is no valid basis for Steele’s conclusory objection that this time frame is overbroad and unduly burdensome.'* Steele must be ordered to search for and produce responsive documents within the Relevant Time Period. 16. Similarly, Steele cannot arbitrarily limit discovery to transfers exceeding $50,000.'° By way of limited example, multiple transfers of $25,000 could be even more detrimental to the body of assets available for Texas Capital to execute upon than a single transfer of $50,001, but none of those transfers would be identified under Steele’s purported discovery limitation. Given that Steele has articulated no legitimate basis to limit discovery into his transfers—nor any non-boilerplate basis at all—the Court should compel him to produce documents responsive to Texas Capital’s Requests, including those identifying transfers or gifts having a fair market value of more than $1,000. B. Instead of Complying With His Discovery Obligations, Steele Makes Boilerplate, Deficient Objections Which Are Therefore Waived. 17. Steele cannot hide behind boilerplate objections to avoid participating in basic post-judgment discovery. Parties responding to discovery must “state specifically the legal or factual basis for the objection and the extent to which the party is refusing to comply with the 18 See Ex. 4, Def. Steele’s Obj. & Resp. to Texas Capital’s First Post-Judgment RFPs, at 4, App. 40. ' See id., Responses to Request Nos. 1-14, 16-17, 19-23, App. 41-49. PLAINTIFF’S MOTION TO COMPEL - PAGE 7 request.” Tex. R. Civ. P. 193.2(a); see also Tex. R. Civ. P. 193.2(b) (permitting objections to written discovery only if a good faith factual and legal basis for the objection exists at the time it is made); In re Lowery, 2014 WL 8060585, at *2 (Tex. App.—Dallas Dec. 18, 2014, no pet.) (same). The bare statement that a request is overbroad or unduly burdensome is insufficient. Jn re Park Cities Bank, 409 S.W.3d 859, 876 (Tex. App.—Tyler 2013, no pet.) (“[A] responding party who objects to a request for production because is it overbroad, unduly burdensome, vague, ambiguous, or unreasonably cumulative or duplicative should explain why the discovery request suffers from each asserted deficiency.”). 18. And yet, Steele does just that in his Responses, merely stating the Requests are “overbroad, unduly burdensome, not reasonably tailored to lead to relevant evidence, and not in proportion to any evidentiary benefit or the needs of this matter.””” Without any specific factual or legal basis for these objections, there is no way for Texas Capital to assess the legitimacy of Steele’s position. In addition to these boilerplate objections being frivolous, Steele fails to state whether documents are being withheld or will be produced, making it is impossible to know whether responsive documents exist or if Steele is hiding behind his meritless objections. Unsurprisingly, Texas law authorizes a finding of waiver in such circumstances. See Tex. R. Civ. P. 193.2(e); In re Park Cities Bank, 409 S.W.3d at 878 (affirming the trial court’s finding that the relators waived their objections to discovery by only making non-specific, general objections). 19. Steele also cannot avoid searching for and producing documents related to BTSE. Texas Rule of Civil Procedure 192.3 requires a person to produce documents with his possession, custody, or control. Tex. R. Civ. P. 192.3(a). “Possession, custody, or control of an item means that the person either has physical possession of the item or has a right to possession of the item 20 See, e.g., id., Response to Request No. 1, App. 41. PLAINTIFF’S MOTION TO COMPEL - PAGE 8 that is equal or superior to the person who has physical possession of the item.” Tex. R. Civ. P. 192.7(b). That responsive documents are not within a party’s “immediate physical possession” does not mean such documents are not discoverable. See In re Summersett, 438 S.W.3d 74, 81 (Tex. App.—Corpus Christi 2013, no pet.) (orig. proceeding). 20. Steele is, at a minimum, obligated to search for and produce responsive documents related to BTSE and the sale of American State Bank branches. As the president, chairman and sole director?! of BTSE, Steele has a superior right of possession over any other BTSE employee over documents relating to BTSE and its finances. See, e.g., id. at 82 (citing In re Kuntz, 124 S.W.3d 179 (Tex. 2003)) (finding that the president and chief medical officer of a company had a superior right to possession of documents to anyone else at that company, which, by virtue of his position, were in his constructive possession, custody, or control). The same reasoning applies to SBI, which is the majority shareholder of American State Bank. Because Steele is the president, chief executive officer, chairman, and sole stockholder of SBI, Steele necessarily has possession, custody, or control over documents relating to any sale of an American State Bank branch.” Thus, Steele’s contention that he “does not have any such documents in his individual possession, custody, or control” is irrelevant to this inquiry. See id. at 82 (noting the president and chief medical officer’s argument that he did not have actual possession of the documents was “premised on a misunderstanding of the applicable law”). 21. Because Steele failed to raise any proper objection within the required time period, his objections are waived and his production of twelve documents is incomplete and insufficient. Steele cannot skirt his discovery obligations by reframing Texas Capital’s Requests, 21 Id., Response to Request No. 18, App. 47 (confirming that no documents exist to identify any other director of BTSE). 2 See Ex. 1, Request No. 18, App. 21. PLAINTIFF’S MOTION TO COMPEL - PAGE 9 cherry-picking the documents he would like to produce, and then slow rolling their production. For these reasons, the Court should compel Steele to collect, review, and produce documents responsive to the Requests within ten days of an order compelling production.” CONCLUSION For the foregoing reasons, Texas Capital respectfully requests the Court enter an order deeming Steele’s objections waived and compelling the production of responsive documents by no later than ten days following entry of the order. Dated: May 15, 2024 Respectfully submitted, VINSON & ELKINS LLP /s/ Manuel G. Berrelez Manuel G. Berrelez State Bar No. 24057760 Matthew W. Moran State Bar No. 24002642 2001 Ross Avenue, Suite 3900 Dallas, Texas 75201 Telephone: (214) 220-7700 Facsimile: (214) 220-7716 mberrelez@velaw.com mmoran@velaw.com Attorneys for Plaintiff Texas Capital Bank 23 Texas Capital notes that Mr. Steele’s deposition has been noticed to take place on May 23, 2024. If Texas Capital does not receive responsive documents prior to the deposition, it reserves the right to re-depose Steele on documents that are not produced in a reasonable time in advance of the deposition. PLAINTIFF’S MOTION TO COMPEL - PAGE 10 CERTIFICATE OF SERVICE [hereby certify that on May 15, 2024, a true and correct copy of the foregoing Motion was served on all counsel of record in accordance with Rule 21a of the Texas Rules of Civil Procedures via electronic service. /s/ Manuel G. Berrelez Manuel G. Berrelez CERTIFICATE OF CONFERENCE Counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of every item presented to the Court in this motion and despite best efforts the counsel have not been able to resolve those matters. /s/ Manuel G. Berrelez Manuel G. Berrelez PLAINTIFF’S MOTION TO COMPEL - PAGE 11 EXHIBIT 1 12 No. DC-23-15752 TEXAS CAPITAL BANK, IN THE DISTRICT COURT OF Plaintiff, DALLAS COUNTY, TEXAS BRANDON T. STEELE and BTS ENTERPRISES, INC., Defendants. 191st JUDICIAL DISTRICT TEXAS CAPITAL BANK’S FIRST POST-JUDGMENT REQUESTS FOR PRODUCTION TO DEFENDANT BRANDON T. STEELE TO: Defendant Brandon T. Steele, by and through his attorneys, David J. Beck and Garrett S. Brawley, Beck Redden LLP, 1221 McKinney Street, Suite 4500, Houston, Texas 77010. Plaintiff Texas Capital Bank (“Texas Capital’) requests that Defendant Brandon T. Steele (“Steele”) produce the documents and things requested below no later than thirty (30) days after service of these Requests for Production (individually, a “Request” and collectively, the “Requests”). Responsive documents should be produced to Texas Capital’s counsel, Matthew W. Moran, Vinson & Elkins LLP, 2001 Ross Ave., Suite 3900, Dallas, Texas 75201, or by electronic service to mmoran@velaw.com. DEFINITIONS “Asset” means any property or thing of value You or any other entity owns, claims, or holds any interest in, in whole or in part, including, without limitation, all real property, tangible personal property including cash, vehicles, inventory, machinery, equipment, and supplies, and intangible personal property, including contracts, accounts receivable, notes receivable, stocks, bonds, or other securities, and ownership interests in any other entity. REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 1 13 “BTSE” means BTS Enterprises, Inc., including any of its applicable foreign and domestic affiliates, parents, or subsidiaries, as well as any agents, employees, consultants, staff, or representatives of each. “Controlled” means the authority over use and management, whether in whole or in part. “Describe” means provide information sufficient to account for all relevant characteristics, qualities, or events. For the avoidance of doubt, the term “Describe” includes, as applicable and without limitation, physical addresses or locations, physical descriptions, account balances, quantities, and fair market values. “Financial Statement’ means a balance sheet, income statement, or cash flow statement, or any other document reflecting Assets and liabilities at a fixed point in time or money made and spent over a period of time, whether audited or unaudited, including any drafts. “Income” means any and all money, earnings, revenue, or payments of any kind that you received, are due, or otherwise expect to receive in any form, whether by cash, check, credit card, electronic transfer or otherwise, including without limitation payments for goods and services, payments on accounts receivable, loan repayments, interest, rents, royalties, license fees, commissions, dividends, distributions, payments relating to sales of Assets, equipment, or inventory, payments related to contracts, or any other payment received. “Relevant Time Period” for these requests is from June 1, 2019, until the present unless otherwise specified. “You” or “Your” means Brandon T. Steele, his spouse, and/or any person or entity purporting to act on his behalf. REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 2 14 INSTRUCTIONS In construing these topics: (i) the singular shall include the plural and the plural shall include the singular; (ii) the conjunctions “and” and “oi shall be read either disjunctively or conjunctively so as to bring within the scope of these requests all information that might otherwise be construed to be outside its scope; (iii) each of the words “all 1?“ each,” “any,” and “every” shall be deemed to include each of the other functional words; and (iv) the past tense of a verb used herein shall include the present tense and the present tense shall include the past tense. Any word not defined above shall take its ordinary and plain meaning. REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 3 15 REQUESTS FOR PRODUCTION REQUEST FOR PRODUCTION NO. 1: All financial statements which You have prepared or which have been prepared on Your behalf or on behalf of BTSE by any person during the Relevant Time Period. RESPONSE: REQUEST FOR PRODUCTION NO. 2: All tax returns, including schedules and attachments thereto, filed by You or on Your behalf or on behalf of BTSE with any country, state, or political subdivision since and including the 2018 tax year. RESPONSE: REQUEST FOR PRODUCTION NO. 3: Documents sufficient to identify the names and addresses of persons who have served as bookkeepers, accountants, tax preparers, or financial advisers for You or BTSE during the Relevant Time Period. RESPONSE: REQUEST FOR PRODUCTION NO. 4: All documents provided to persons who have served as bookkeepers, accountants, tax preparers, or financial advisors for You or BTSE during the Relevant Time Period. RESPONSE: REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 4 16 REQUEST FOR PRODUCTION NO. 5: All bank statements for each account which You or BTSE have owned, maintained, or controlled directly or indirectly whether individually or jointly with another person or entity, at any bank, savings and loan association, credit union, brokerage company, or other repository or financial institution, during the Relevant Time Period. RESPONSE: REQUEST FOR PRODUCTION NO. 6: All account statements related to any brokerage account or any account showing stock, bond, or other security holdings or certificates of deposit which You or BTSE have owned, maintained, or controlled directly or indirectly whether individually or jointly with another person or entity, at any bank, savings and loan association, credit union, brokerage company, or other repository, trading platform, or financial institution, during the Relevant Time Period. RESPONSE: REQUEST FOR PRODUCTION NO. 7: Documents sufficient to identify and describe all sources of Income paid to You or BTSE on account of employment or business activities during the Relevant Time Period, including, without limitation, employment agreements, consulting agreements, loan payments, settlement payments, or dividends. RESPONSE: REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 5 17 REQUEST FOR PRODUCTION NO. 8: Documents sufficient to identify and describe any accounts receivable, notes, claims, debts, settlements, bequests, gifts, estates, inheritances, trusts, employee benefit plans, or other amounts to which You or BTSE are currently entitled or owed from any other person or entity. RESPONSE: REQUEST FOR PRODUCTION NO. 9: Documents and communications sufficient to identify and describe the status and amount owed on any debts or other financial obligations or liabilities that You or BTSE currently owe, including, without limitation, any and all notes, deeds of trust, mortgages, security agreements, financing statements, leases, loan agreement, credit agreements, guaranties, pledge agreements, margin account agreements, judgments, or similar documents evidencing or securing an indebtedness. RESPONSE: REQUEST FOR PRODUCTION NO. 10: Documents and communications sufficient to identify any regular or routine expense of more than $1000 paid or incurred by You or BTSE during the Relevant Time Period. RESPONSE: REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 6 18 REQUEST FOR PRODUCTION NO. 11: Documents and communications sufficient to identify and describe the fair market value of any real property currently owned or controlled directly or indirectly by You or BTSE, in whole or in part, including, without limitation, houses, land, ranches, and oil and gas or other mineral or natural resource interests, including water rights, wherever located and regardless of homestead status, including any appraisal. RESPONSE: REQUEST FOR PRODUCTION NO. 12: All titles, deeds, deeds of trust, mortgages, security agreements, leases, easements, rights of way, or other documents relating to any property identified pursuant to these Requests. RESPONSE: REQUEST FOR PRODUCTION NO. 13: Documents and communications sufficient to identify and describe the fair market value of any vehicle currently owned or controlled directly or indirectly by You or BTSE, including, without limitation, cars, trucks, motorcycles, motor homes, trailers, vans, recreational vehicles, all-terrain vehicles, tractors, other farm equipment, boats, jet skis, boat trailers, airplanes, or helicopters. RESPONSE: REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 7 19 REQUEST FOR PRODUCTION NO. 14: Documents and communications sufficient to identify and describe any livestock, including, without limitation, horses or cattle, currently owned or controlled directly or indirectly by You or BTSE, including the location of any such livestock. RESPONSE: REQUEST FOR PRODUCTION NO. 15: Any insurance policy, together with all schedules, riders and addenda thereto, related to any real or personal property identified pursuant to any Request herein. RESPONSE: REQUEST FOR PRODUCTION NO. 16: All inventories of real property and/or personal property owned or controlled directly or indirectly by You or BTSE that have been prepared during the Relevant Time Period. RESPONSE: REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 8 20 REQUEST FOR PRODUCTION NO. 17: Documents and communications sufficient to identify and describe Your interest or BTSE’s interest in any corporation, partnership, proprietorship, joint venture, trust, business trust, limited liability company, or other entity or business which You or BTSE directly or indirectly own or have owned, possessed, or controlled during the Relevant Time Period, including, without limitation, any articles of incorporation, certificates of incorporation, bylaws, organizational minutes, other minutes, resolutions, shareholder or director consents, partnership agreements, shareholder agreements, buy-sell agreements, stock transfer records, stock certificates, partnership certificates, or other ownership interest certificates. RESPONSE: REQUEST FOR PRODUCTION NO. 18: Documents and communications sufficient to identify the name and address of any of the officers, directors, managers, trustees or managing agents of any entity in which You or BTSE hold or have held any interest, as identified pursuant to any Request herein. RESPONSE: REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 9 21 REQUEST FOR PRODUCTION NO. 19: Documents and communications sufficient to identify and describe any membership You currently possess or have possessed at any time, in any country club, golf club, tennis club, dining club, hunting club, fishing club, other private club, or similar organization, including, but not limited to, documents pertaining to initiation fees, dues, assessments, or other charges You have paid (or which have been billed to You) to acquire and continue such membership during the Relevant Time Period. RESPONSE: REQUEST FOR PRODUCTION NO. 20: Documents and communications sufficient to identify and describe any other Asset—real, personal, fixed, movable, tangible, intangible, current, contingent, or otherwise—owned, in whole or in part, or controlled directly or indirectly by You or BTSE not already disclosed pursuant to any other Request herein. RESPONSE: REQUEST FOR PRODUCTION NO. 21: Documents and communications sufficient to identify and describe any gift, sale, disposition or other transfer of any of Your or BTSE’s personal property or real property having a fair market value in excess of $1,000 during the Relevant Time Period, including to family members. RESPONSE: REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 10 22 REQUEST FOR PRODUCTION NO, 22: Documents and communications sufficient to identify and describe any trust or guardianship that You have established for the benefit of any person or that has been established for You and the funds or property You contributed thereto, irrespective of time period. RESPONSE: REQUEST FOR PRODUCTION NO. 23: Documents sufficient to identify the existence and terms of any prenuptial agreement, postnuptial agreement, marital property agreement, partition agreement, or similar agreement relating to the property interests You have in property acquired prior to or during your marriage. RESPONSE: REQUEST FOR PRODUCTION NO. 24: All documents and communications pertaining to any effort to sell any branch or branches of American State Bank since January 1, 2023. RESPONSE: REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 11 23 Dated: February 22, 2024 Respectfully submitted, VINSON & ELKINS LLP /s/ Manuel G. Berrelez Manuel G. Berrelez State Bar No. 24057760 Matthew W. Moran State Bar No. 24002642 2001 Ross Avenue, Suite 3900 Dallas, Texas 75201 Telephone: (214) 220-7700 Facsimile: (214) 220-7716 mberrelez@velaw.com mmoran@velaw.com Attorneys for Plaintiff Texas Capital Bank REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 12 24 CERTIFICATE OF SERVICE Thereby certify that on February 22, 2024, a true and correct copy of the foregoing First Post-Judgment Requests for Production of Documents to Defendant Brandon T. Steele was served on all counsel of record in accordance with Rule 21a of the Texas Rules of Civil Procedures via electronic service. /s/ Manuel G. Berrelez Manuel G. Berrelez REQUESTS FOR PRODUCTION TO BRANDON T. STEELE — PAGE 13 25 EXHIBIT 2 26 Cloud, Megan From: Garrett Brawley Sent: Tuesday, March 12, 2024 10:26 AM To: Cloud, Megan; David J. Beck Cec: Berrelez, Manuel G.; Moran, Matthew Subject: RE: Texas Capital/Steele | Deposition Dates [EXTERNAL] - Our current plan is to do an i itial round of documents on the response date, March 25, 2024. We will then plan to do a rolling production. GARRETT S. BRAWLEY Associate Beck Redden LLP (713) 951-6240 | phone (713) 951-3720 | fax el 1221 McKinney Street | Suite 4500 | Houston, Texas 77010-2010 website | bio | linkedin | vCard | map | gbrawley@beckredden.com CONFIDENTIALITY NOTICE: Unless otherwise indicated or obvious from the nature of the transmittal, the information contained in this e-mail message is attorney privileged an confidential information intended for the use of the individual or entity named above. If the reader his message is not the intended recipient, or the employee or agent sponsible to deliver it to the intended recipient, you are hereby notified that any di mination, di ibution or copying of this communication is strictly prohibited. If you have eceived this communication in error do not read it. Please delete it from your system without copying it, and immedi notify he sender by reply email or by calling 713.951.3700 so that our ress record can be corrected. Thank Ou. From: Cloud, Megan Sent: Tuesday, March 12, 2024 10:11 AM To: Garrett Brawley ; David J. Beck Cc: Berrelez, Manuel G. ; Moran, Matthew Subject: RE: Texas Capital/Steele | Deposition Dates *** This message came from outside Beck Redden LLP. *** Garrett, Can you let us know when you expect to produce your initial round of documents? Thanks very much. Best, Megan Megan Cloud (she/her) Associate Vinson &Elkins 27 E meloud@velaw.com W +1.214.220.7949 2001 Ross Avenue Suite 3900 Dallas, TX 75201 Veard | Bio | velaw.com From: Garrett Brawley Sent: Monday, March 11, 2024 4:39 PM To: Cloud, Megan ; David J. Beck Cc: Berrelez, Manuel G. ; Moran, Matthew Subject: RE: Texas Capital/Steele | Deposition Dates [EXTERNAL] - Megan: To the extent you want the production of documents prior to the depositions as you noted on our previous call, | suggest we schedule the deposition for April. We are only presenting Brandon once. If you want to proceed regardless of document production, I’Il confirm whether March 28" works and report back shortly. GARRETT S. BRAWLEY Associate Beck Redden LLP (713) 951-6240 | phone (713) 951-3720 | fax 1221 McKinney Street | Suite 4500 | Houston, Texas 77010-2010 website | bio | linkedin | vCard | map | gbrawley@beckredden.com CONFIDENTIALITY NOTICE: Unless othe: ¢ indicated or obvious from the nature of the transmittal,the information ct ined in this e-mail mess: e is attorney privileged and confiden | information inte led for the use tr individu or entity named above. If the reader o} his m sage is not the intended recipient, or the employ or agent responsible to deliver it to the intended recipient, you are hereby notified that any ¢ ination, distr ion pying of this communication is strictly prohibited. If you have received this communication in err do not read it. Please del it from your system without copying it, and immediately notify the sender by reply email or by calling 713.951.3700, so that our address record can be corr ‘ted. Thank you. From: Cloud, Megan Sent: Monday, March 11, 2024 3:56 PM To: Garrett Brawley ; David J. Beck Cc: Berrelez, Manuel G. ; Moran, Matthew Subject: Texas Capital/Steele | Deposition Dates *** This message came from outside Beck Redden LLP. +e] Garrett, In light of the All Hands’ Meeting now scheduled for March 27, can you please confirm that the Brandon Steele/SBI deposition will go forward on March 28 in Houston? And can you please confirm whether you will be representing BTS Enterprises, Inc. for that deposition? Thanks very much. 28 Best, Megan Megan Cloud (she/her) Associate Vinsoné&Elkins E meloud@velaw.com W #1.214.220.7949 2001 Ross Avenue Suite 3900 Dallas, TX 75201 Veard I Bio I velaw.com CONFIDENTIALITY NOTICE: The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank You. - - 29 EXHIBIT 3 30 Cloud, Megan From: Garrett Brawley Sent: Monday, March 25, 2024 1:03 PM To: Cloud, Megan; David J. Beck Ce: Berrelez, Manuel G.; Moran, Matthew Subject: RE: Texas Capital/Steele | Deposition Dates [EXTERNAL] - Megan: David’s trial is ending tomorrow. After that, I’m going to get with him and Brandon related to potential deposition dates in April. We will be making an initial production today, but it will be related to the Receiver’s subpoena. Our hope is to continue a rolling production as we gather responsive documents. Best, Garrett GARRETT S. BRAWLEY Associate Beck Redden LLP (713) 951-6240 | phone (713) 951-3720 | fax a= = 1221 McKinney Street | Suite 4500 | Houston, Texas 77010-2010 website | bio | linkedin | vCard | map | gbrawley@beckredden.com CONFIDENTIALITY NOTICE: Unless othe: e indicated or obvious from the nature of the transi ittal, the information contained in this e-mail me: isattorney privileged and confidential information inte ied for the use of the individual or entity named above. If the reader his mes: is not the intended re nt, or the employee or agent jonsible to d it to th e int d re ipient, you are he by no hat any dissemination, distribu ion or copying his communication is strictly prohibit ed. If you have received this communicati ion in error, do not read it. Please del it from you tem ithout copying it, and immediately notify the der by reph email or by calling 713.951.3701 so that our address record can be corrected. Thank you. From: Cloud, Megan Sent: Monday, March 25, 2024 12:58 PM To: Garrett Brawley ; David J. Beck Cc: Berrelez, Manuel G. ; Moran, Matthew Subject: RE: Texas Capital/Steele | Deposition Dates *** This message came from outside Beck Redden LLP. *** Garrett, Following up on potential deposition dates and to see if you still anticipate making your initial production today. Can you let us know? Thanks very much. Best, 31 Megan Megan Cloud (she/her) Associate Vinson &Elkins E mcloud@velaw.com W #1.214,220.7949 2001 Ross Avenue Suite 3900 Dallas, TX 75201 Veard | Bio | velaw.com From: Garrett Brawley Sent: Thursday, March 21, 2024 1:55 PM To: Cloud, Megan ; David J. Beck Cc: Berrelez, Manuel G. ; Moran, Matthew Subject: RE: Texas Capital/Steele | Deposition Dates [EXTERNAL] - | will work to get dates in April and circle back. Thanks. GARRETT S. BRAWLEY Associate Beck Redden LLP (713) 951-6240 | phone (713) 951-3720 | fax 1221 McKinney Street | Suite 4500 | Houston, Texas 77010-2010 website | bio | linkedin | vCard | map | gbrawley@beckredden.com CONFIDENTIALITY NOTICE: Unless otherwise indicated or obvious from the nature of the transmitta