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141-299351-18 FILED
TARRANT COUNTY
5/10/2018 10:59 AM
CAUSE NO. 141-299351-18 THOMAS A. WILDER
DISTRICT CLERK
TROPHY CLUB MUNICPAL UTILITY § IN THE DISTRICT COURT OF
DISTRICT NO. 1 §
Plaintiffs, §
§
v. § TARRANT COUNTY, TEXAS
§
ACADIA SERVICES, LLC; §
MRW INVESTORS, LLC; and §
LENART DEVELOPMENT COMPANY, LLC §
Defendants. § 141st JUDICIAL DISTRICT
PLAINTIFF’S MOTION TO EXTEND TEMPORARY RESTRAINING ORDER
Plaintiff Trophy Club Municipal Utility District No. 1 (“Plaintiff”) files this Motion to
Extend Temporary Restraining Order and respectfully shows the Court as follows:
I.
On April 30, 2018, this Court granted a Temporary Restraining Order which
restrained Acadia Services, LLC, its officers, agents, servants, employees, and those acting in
concert or participation to desist and refrain from any further construction of surface
improvements including a meter station and a slab running across Plaintiff’s easement
described in Exhibit “A” to both Plaintiff’s Original Petition and Application for Injunctive
Relief and Plaintiff’s First Amended Petition and Application for Injunctive Relief. The Court
set a hearing on Plaintiff’s application for temporary injunction for May 11, 2018 at 11:00
a.m.
This Court also granted a Motion for Expedited Discovery, permitting the parties to
engage in discovery in preparation for the hearing on Plaintiff’s motion for temporary
injunction, including the conducting of depositions upon five (5) days’ notice. Pursuant to
that Order, Plaintiff took the deposition of Acadia Services, LLC’s corporate representative,
Dustin Whitman on May 8, 2018. At that deposition, Dustin Whitman identified two parties
responsible for hiring and directing the actions of Acadia Services, LLC: Lenart Development
PLAINTIFFS’ MOTION TO EXTEND TEMPORARY RESTRAINING ORDER PAGE 1
340017
Company, LLC and MRW Investors, LLC. Plaintiff has amended its pleadings to now add these
two additional Defendants and seeks to prevent them from trespassing upon Plaintiff’s
Easement.
II.
Pursuant to Rule 680 of the Texas Rules of Civil Procedure, Plaintiff respectfully
requests that the Court extend the duration of the Temporary Restraining Order to May 25,
2018. Rule 680 of the Texas rules of Civil Procedure states that:
Every temporary restraining order granted without notice shall be endorsed with the
date and hour of issuance; shall be filed forthwith in the clerk’s office and entered of
record; shall define the injury and state why it is irreparable and why the order was
granted without notice; and shall expire by its terms within such time after signing,
not to exceed fourteen days, as the court fixes, unless within the time so fixed the
order, for good cause shown, is extended for a like period or unless the party against
whom the order is directed consents that it may be extended for a longer period. The
reasons for the extension shall be entered of record. No more than one extension may
be granted unless subsequent extensions are unopposed.
Tex. R. Civ. P. 680. Thus, it is within the Court’s power to extend the Temporary Restraining
Order if good cause is shown. Id.
The Temporary Restraining Order should be extended because Plaintiff now needs to
locate and serve the two additional Defendants. And the parties will need to engage in
additional discovery in preparation for the hearing on Plaintiff’s motion for temporary
injunction. Based on information obtained in discovery, Plaintiffs have identified Lenart
Development Company LLC and MRW Investors, LLC, for whom Acadia was working, and
has now named those parties. Plaintiff therefore seeks injunctive relief against parties who
were previously not before the court Plaintiff is currently attempting to serve such parties,
and will need to conduct discovery from these new parties in preparation for the temporary
injunction hearing.
PLAINTIFFS’ MOTION TO EXTEND TEMPORARY RESTRAINING ORDER PAGE 2
340017
Accordingly, Plaintiff respectfully requests this Court extend the Temporary
Restraining Order and the hearing date on Plaintiff’s Application for Temporary Injunction
until May 25, 2018, and allow the Temporary Restraining Order issued in this case to be
continued in full force and effect until that time.
III.
Therefore, Plaintiff respectfully requests that the Court grant this motion for
extension of the temporary restraining order by this Court, and that the Court grant all other
relief to which Plaintiff is entitled.
Respectfully submitted,
/s/ Mack Ed Swindle
Mack Ed Swindle
State Bar No. 19587500
mswindle@whitakerchalk.com
Robert G. West
State Bar No. 21205500
bwest@whitakerchalk.com
Brian J. Smith
State Bar No. 24079353
bsmith@whitakerchalk.com
WHITTAKER CHALK SWINDLE & SCHWARTZ, PLLC
301 Commerce Street, Suite 3500
Fort Worth, Texas 76102
Phone: (817) 878-0500
FAX: (817) 878-0501
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF CONFERENCE - EX PARTE RELIEF REQUESTED
I hereby certify that a conference was held the 9th day of May, 2018 with Vernon
Howerton, counsel for Defendant Acadia Services, LLC and he stated that Defendant Acadia
does not oppose the motion.
PLAINTIFFS’ MOTION TO EXTEND TEMPORARY RESTRAINING ORDER PAGE 3
340017
Plaintiffs have attempted to conference with Defendants Lenart Development LLC
and MRW Investors, LLC and continues to attempt to conference with them. However, based
on discussions with counsel for Defendant Acadia, Plaintiffs believe Defendants Lenart
Development LLC and MRW Investors, LLC will not oppose this Motion.
/s/ Mack Ed Swindle
Counsel for Plaintiffs
CERTIFICATE OF SERVICE
In accordance with Tex. R. Civ. P. 21 and 21a, Defendant is being served with a true
and correct copy of the foregoing document this 10th day of May, 2018.
/s/ Mack Ed Swindle
Counsel for Plaintiffs
PLAINTIFFS’ MOTION TO EXTEND TEMPORARY RESTRAINING ORDER PAGE 4
340017
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141-299351-18 FILED TARRANT COUNTY 5/10/2018 10:59 AM CAUSE NO. 141-299351-18 THOMAS A. WILDER DISTRICT CLERK TROPHY CLUB MUNICPAL UTILITY § IN THE DISTRICT COURT OF DISTRICT NO. 1 § Plaintiffs, § § v. § TARRANT COUNTY, TEXAS § ACADIA SERVICES, LLC; § MRW INVESTORS, LLC; and § LENART DEVELOPMENT COMPANY, LLC § Defendants. § 141st JUDICIAL DISTRICT PLAINTIFF’S MOTION TO EXTEND TEMPORARY RESTRAINING ORDER Plaintiff Trophy Club Municipal Utility District No. 1 (“Plaintiff”) files this Motion to Extend Temporary Restraining Order and respectfully shows the Court as follows: I. On April 30, 2018, this Court granted a Temporary Restraining Order which restrained Acadia Services, LLC, its officers, agents, servants, employees, and those acting in concert or participation to desist and refrain from any further construction of surface improvements including a meter station and a slab running across Plaintiff’s easement described in Exhibit “A” to both Plaintiff’s Original Petition and Application for Injunctive Relief and Plaintiff’s First Amended Petition and Application for Injunctive Relief. The Court set a hearing on Plaintiff’s application for temporary injunction for May 11, 2018 at 11:00 a.m. This Court also granted a Motion for Expedited Discovery, permitting the parties to engage in discovery in preparation for the hearing on Plaintiff’s motion for temporary injunction, including the conducting of depositions upon five (5) days’ notice. Pursuant to that Order, Plaintiff took the deposition of Acadia Services, LLC’s corporate representative, Dustin Whitman on May 8, 2018. At that deposition, Dustin Whitman identified two parties responsible for hiring and directing the actions of Acadia Services, LLC: Lenart Development PLAINTIFFS’ MOTION TO EXTEND TEMPORARY RESTRAINING ORDER PAGE 1 340017 Company, LLC and MRW Investors, LLC. Plaintiff has amended its pleadings to now add these two additional Defendants and seeks to prevent them from trespassing upon Plaintiff’s Easement. II. Pursuant to Rule 680 of the Texas Rules of Civil Procedure, Plaintiff respectfully requests that the Court extend the duration of the Temporary Restraining Order to May 25, 2018. Rule 680 of the Texas rules of Civil Procedure states that: Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance; shall be filed forthwith in the clerk’s office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after signing, not to exceed fourteen days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. No more than one extension may be granted unless subsequent extensions are unopposed. Tex. R. Civ. P. 680. Thus, it is within the Court’s power to extend the Temporary Restraining Order if good cause is shown. Id. The Temporary Restraining Order should be extended because Plaintiff now needs to locate and serve the two additional Defendants. And the parties will need to engage in additional discovery in preparation for the hearing on Plaintiff’s motion for temporary injunction. Based on information obtained in discovery, Plaintiffs have identified Lenart Development Company LLC and MRW Investors, LLC, for whom Acadia was working, and has now named those parties. Plaintiff therefore seeks injunctive relief against parties who were previously not before the court Plaintiff is currently attempting to serve such parties, and will need to conduct discovery from these new parties in preparation for the temporary injunction hearing. PLAINTIFFS’ MOTION TO EXTEND TEMPORARY RESTRAINING ORDER PAGE 2 340017 Accordingly, Plaintiff respectfully requests this Court extend the Temporary Restraining Order and the hearing date on Plaintiff’s Application for Temporary Injunction until May 25, 2018, and allow the Temporary Restraining Order issued in this case to be continued in full force and effect until that time. III. Therefore, Plaintiff respectfully requests that the Court grant this motion for extension of the temporary restraining order by this Court, and that the Court grant all other relief to which Plaintiff is entitled. Respectfully submitted, /s/ Mack Ed Swindle Mack Ed Swindle State Bar No. 19587500 mswindle@whitakerchalk.com Robert G. West State Bar No. 21205500 bwest@whitakerchalk.com Brian J. Smith State Bar No. 24079353 bsmith@whitakerchalk.com WHITTAKER CHALK SWINDLE & SCHWARTZ, PLLC 301 Commerce Street, Suite 3500 Fort Worth, Texas 76102 Phone: (817) 878-0500 FAX: (817) 878-0501 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF CONFERENCE - EX PARTE RELIEF REQUESTED I hereby certify that a conference was held the 9th day of May, 2018 with Vernon Howerton, counsel for Defendant Acadia Services, LLC and he stated that Defendant Acadia does not oppose the motion. PLAINTIFFS’ MOTION TO EXTEND TEMPORARY RESTRAINING ORDER PAGE 3 340017 Plaintiffs have attempted to conference with Defendants Lenart Development LLC and MRW Investors, LLC and continues to attempt to conference with them. However, based on discussions with counsel for Defendant Acadia, Plaintiffs believe Defendants Lenart Development LLC and MRW Investors, LLC will not oppose this Motion. /s/ Mack Ed Swindle Counsel for Plaintiffs CERTIFICATE OF SERVICE In accordance with Tex. R. Civ. P. 21 and 21a, Defendant is being served with a true and correct copy of the foregoing document this 10th day of May, 2018. /s/ Mack Ed Swindle Counsel for Plaintiffs PLAINTIFFS’ MOTION TO EXTEND TEMPORARY RESTRAINING ORDER PAGE 4 340017