On July 15, 2013 a
Motion,Ex Parte
was filed
involving a dispute between
Abdullatif, Osama,
and
Choudhri, Ali,
Houston Real Estate Properties Llc,
for REAL ESTATE
in the District Court of Harris County.
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CAUSE NO. 2013-41273
OSAMA ABDULLATIF, Individually § IN THE DISTRICT COURT OF
and ABDULLATIF & COMPANY, LLC.
§ HARRISCOUNTY,TEXAS
ALI CHOUDHRI and HOUSTON
REAL ESTATE PROPERTIES, LLC. § 270TH JUDICIAL DISTRICT
MOTION FOR CONSOLIDATION
Ali Choudhri and Houston Real Estate Properties, LLC ("Movants") are filing mirror
images of this motion in each of two cases that involve the same transaction or occurrence and
which movants believe should be consolidated in the District Court or alternatively, in the
th
District Court.
Various disputes between Choudhri and related entities and Abdullatif and related
entities have been pending since at least 2012 in the Cause No. 2012-27197- (the "First Case"),
and in Cause No. 2013-41273 (the "Second Case").
A few days before service or answer in the Second Case, Choudhri filed claims
relating to the same transaction as those in the Second Case in the First case.
Attached as Exhibit A are the live pleadings asserting claims in the 33yct District
Court the First Case. the pleadings demonstrate, for years, both cases involved claims relating
to Choudhri' s $1.5 million note receivable signed by Abdullatif relating to Abdullatif s purchase
of 9 properties acquired from Choudhri and/or Houston Real Estate Properties, LLC. Over the
years since, both cases have been delayed or abatements while various other claims were tried,
and appeals were pursued.
4. Consolidation issues have arisen before in both cases. Judge Kerrigan considered
consolidation, granted consolidated discovery but subsequently declined to consolidate the cases
on the merits. By order dated November 12, 2018, Judge Gamble signed an order that purports,
in the alternative, to grant consolidation. See Exhibit B attached. Movants believe this order
makes it clear that the cases should be consolidated and request the Court in the 333rd sign an order
to make certain there is no question on consolidation.
5. Thereafter, in March 2019, the 270th District Court entered an order to end
abatement of the Second Case. The Second Case was set for trial later in 2019. Before that trial
setting, Choudhri filed a motion to assert as counterclaims in the Second Case essentially those
claims pending in the First Case since rnid-2013. The 270th District Court has not yet entered a
formal order on the motion but indicated at hearings that the Court will deny the amendment as a
surprise on eve of trial that was potentially to occur during the week of January 13, 2020, but has
now been postponed and subject to reset after 30 days. Trial in the 333rd District Court is presently
set for the week of February 17, 2020.
6. The cases involve common questions of law and facts. Consolidation is
appropriate pursuant to Rule 41 and 174. Proceeding to trial in one case without all claims
asserted in both cases will be inefficient, risk inconsistent results or complicated claim preclusion
issues and potential limitations questions - all of which can be avoided by trying those claims in
one action before one court.
7. In response to the new motion for consolidation which Defendants have filed in the
333rd District Court, Abdullatif alleges that Movants are attempting to avoid trial In the 270th and
that the 270th, rather than the 333rd, is the appropriate Court for consolidation, based on the
contention that the $1.5 million Note was first raised in the 270th.
Motion for Consolidation 2
8. Movants are not seeking a different court or to avoid trial in the 270th. Movants
believe that Local Rule 3.2.4 requires consolidation in the first filed of these two cases, being the
First Case in the 333rd • But if Abdullatif parties desire consolidation into the 270th, and this Court
agrees that such consolidation is appropriate, Movants will agree that the issues involving the $1.5
million note in the First Case should be severed pursuant to Local Rule 3.2.4 to permit the 270 th
District Court to order consolidation in the Second Case. Movants have no preference - they
simply wish to have the claims in one court for one trial.
Wherefore, premises considered, Movants request consolidation of $1.5 million Note
issues from the 333rd into the 270th, and such additional relief to which they may be entitled.
Respectfully submitted,
MICHAEL C. O'CONNOR P.C.
By: /s/ Michael C. 0 'Connor
Michael C. O'Connor
State Bar No.
11509 S. Lou Al Drive
Houston, Texas 77024
Telephone: 832-594-9031
Facsimile: 713-953-7513
E-mail: moconnor@oconnorcraig.com
ATTORNEY FOR HOUSTON REAL
ESTATE PROPERTIES, LLC
Isl Ali Choudhri
Ali Choudhri
1001 West Loop South, Suite 700
Houston, Texas 77027
Telephone: 713-789-7654
Facsimile: 832-280-5448
E-mail: legal@jetallcompanies.com
PROSE
Motion for Consolidation 3
CERTIFICATE OF CONFERENCE
I hereby certify that on February 10, 2020, I conferred by telephone with Allan Goldstein,
counsel for Abdullatif, who stated that Plaintiffs are opposed to this Motion.
Isl Michael C. O'Connor
Michael C. O'Connor
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of foregoing was served in a manner
prescribed by the Texas Rules of Civil Procedure on February 10, 2020.
Isl Michael C. 0 'Connor
Michael C. 0' Connor
Motion for Consolidation 4
Document Filed Date
February 10, 2020
Case Filing Date
July 15, 2013
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CAUSE NO. 2013-41273 OSAMA ABDULLATIF, Individually § IN THE DISTRICT COURT OF and ABDULLATIF & COMPANY, LLC. § HARRISCOUNTY,TEXAS ALI CHOUDHRI and HOUSTON REAL ESTATE PROPERTIES, LLC. § 270TH JUDICIAL DISTRICT MOTION FOR CONSOLIDATION Ali Choudhri and Houston Real Estate Properties, LLC ("Movants") are filing mirror images of this motion in each of two cases that involve the same transaction or occurrence and which movants believe should be consolidated in the District Court or alternatively, in the th District Court. Various disputes between Choudhri and related entities and Abdullatif and related entities have been pending since at least 2012 in the Cause No. 2012-27197- (the "First Case"), and in Cause No. 2013-41273 (the "Second Case"). A few days before service or answer in the Second Case, Choudhri filed claims relating to the same transaction as those in the Second Case in the First case. Attached as Exhibit A are the live pleadings asserting claims in the 33yct District Court the First Case. the pleadings demonstrate, for years, both cases involved claims relating to Choudhri' s $1.5 million note receivable signed by Abdullatif relating to Abdullatif s purchase of 9 properties acquired from Choudhri and/or Houston Real Estate Properties, LLC. Over the years since, both cases have been delayed or abatements while various other claims were tried, and appeals were pursued. 4. Consolidation issues have arisen before in both cases. Judge Kerrigan considered consolidation, granted consolidated discovery but subsequently declined to consolidate the cases on the merits. By order dated November 12, 2018, Judge Gamble signed an order that purports, in the alternative, to grant consolidation. See Exhibit B attached. Movants believe this order makes it clear that the cases should be consolidated and request the Court in the 333rd sign an order to make certain there is no question on consolidation. 5. Thereafter, in March 2019, the 270th District Court entered an order to end abatement of the Second Case. The Second Case was set for trial later in 2019. Before that trial setting, Choudhri filed a motion to assert as counterclaims in the Second Case essentially those claims pending in the First Case since rnid-2013. The 270th District Court has not yet entered a formal order on the motion but indicated at hearings that the Court will deny the amendment as a surprise on eve of trial that was potentially to occur during the week of January 13, 2020, but has now been postponed and subject to reset after 30 days. Trial in the 333rd District Court is presently set for the week of February 17, 2020. 6. The cases involve common questions of law and facts. Consolidation is appropriate pursuant to Rule 41 and 174. Proceeding to trial in one case without all claims asserted in both cases will be inefficient, risk inconsistent results or complicated claim preclusion issues and potential limitations questions - all of which can be avoided by trying those claims in one action before one court. 7. In response to the new motion for consolidation which Defendants have filed in the 333rd District Court, Abdullatif alleges that Movants are attempting to avoid trial In the 270th and that the 270th, rather than the 333rd, is the appropriate Court for consolidation, based on the contention that the $1.5 million Note was first raised in the 270th. Motion for Consolidation 2 8. Movants are not seeking a different court or to avoid trial in the 270th. Movants believe that Local Rule 3.2.4 requires consolidation in the first filed of these two cases, being the First Case in the 333rd • But if Abdullatif parties desire consolidation into the 270th, and this Court agrees that such consolidation is appropriate, Movants will agree that the issues involving the $1.5 million note in the First Case should be severed pursuant to Local Rule 3.2.4 to permit the 270 th District Court to order consolidation in the Second Case. Movants have no preference - they simply wish to have the claims in one court for one trial. Wherefore, premises considered, Movants request consolidation of $1.5 million Note issues from the 333rd into the 270th, and such additional relief to which they may be entitled. Respectfully submitted, MICHAEL C. O'CONNOR P.C. By: /s/ Michael C. 0 'Connor Michael C. O'Connor State Bar No. 11509 S. Lou Al Drive Houston, Texas 77024 Telephone: 832-594-9031 Facsimile: 713-953-7513 E-mail: moconnor@oconnorcraig.com ATTORNEY FOR HOUSTON REAL ESTATE PROPERTIES, LLC Isl Ali Choudhri Ali Choudhri 1001 West Loop South, Suite 700 Houston, Texas 77027 Telephone: 713-789-7654 Facsimile: 832-280-5448 E-mail: legal@jetallcompanies.com PROSE Motion for Consolidation 3 CERTIFICATE OF CONFERENCE I hereby certify that on February 10, 2020, I conferred by telephone with Allan Goldstein, counsel for Abdullatif, who stated that Plaintiffs are opposed to this Motion. Isl Michael C. O'Connor Michael C. O'Connor CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of foregoing was served in a manner prescribed by the Texas Rules of Civil Procedure on February 10, 2020. Isl Michael C. 0 'Connor Michael C. 0' Connor Motion for Consolidation 4