On September 05, 2014 a
Letter,Correspondence
was filed
involving a dispute between
Henderson, Mara S,
Imagitek Holdings Llc,
Prodagio Holdings Llc,
and
Kelly, Shawn,
Massaro, Diana,
Olkkola, Ed,
Pontin, Rick,
Prodagio Intermediary Llc,
Prodagio Llc,
Subramanian, Bharti,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
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FILED
DALLAS COUNTY
12/11/2014 9:31:48 AM
GARY FITZSIMMONS
DISTRICT CLERK
December 11, 2014
Hon. Martin ’Marty’ Lowy via E-File and Serve
101st District Court
George L. Allen, Sr. Courts Building
600 Commerce Street, 6th Floor West,
Dallas, TX 75202
Re: Prodagio Holdings, Inc. et al. v. Prodagio Intermediary, LLC et al., Cause
Number DC-14-09959, 101st District Court of Dallas County, Texas
Dear Judge Lowy:
Prodagio, LLC objects to the Modified Temporary Injunction (“Modified Injunction”)
entered on December 10, 2014. First, the Modified Injunction seems to have two
different times of enforcement. Both “until trial and judgment on the merits” and
“until and through January 30, 2015.”
Second, the Modified Injunction does not comply with Rule 683.
Finally, the Modified Injunction included a new finding of fact for which there was
no testimony, evidence, or other showing and that the Court never articulated in
either hearing [the final finding in the Modified Temporary Injunction signed by the
Court yesterday]. The Court should also note that the inclusion of this new finding
of fact was not requested or discussed in the Motion to Modify (or in the hearing) –
only included in the Plaintiffs’ Proposed Order that, with minor changes, was
signed by the Court.
Sincerely,
/s/ Aimee M. Furness
Aimee M. Furness
Direct Phone Number: (214) 651-5024
Direct Fax Number: (214) 200-0851
Aimee.Furness@haynesboone.com
Haynes and Boone, LLP
Attorneys and Counselors
2323 Victory Avenue, Suite 700
Dallas, Texas 75219-7672
Phone: 214.651.5000
Fax: 214.651.5940
December 11, 2014
Page 2
cc: Erica W. Harris via E-File and Serve
Susman Godfrey LLP
1000 Louisiana Street, Suite 5100
Houston, Texas 77002
David J. Drez III via E-File and Serve
Brant C. Martin
Joseph R. Callister
Lindsey E. Marsh
Wick Phillips Gould & Martin, LLP
3131 McKinney Avenue, Suite 100
Dallas, Texas 75204
John M. Helms via E-File and Serve
Law Office of John M. Helms
2600 State Street
Dallas, Texas 75204
Document Filed Date
December 11, 2014
Case Filing Date
September 05, 2014
Category
CNTR CNSMR COM DEBT
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FILED DALLAS COUNTY 12/11/2014 9:31:48 AM GARY FITZSIMMONS DISTRICT CLERK December 11, 2014 Hon. Martin ’Marty’ Lowy via E-File and Serve 101st District Court George L. Allen, Sr. Courts Building 600 Commerce Street, 6th Floor West, Dallas, TX 75202 Re: Prodagio Holdings, Inc. et al. v. Prodagio Intermediary, LLC et al., Cause Number DC-14-09959, 101st District Court of Dallas County, Texas Dear Judge Lowy: Prodagio, LLC objects to the Modified Temporary Injunction (“Modified Injunction”) entered on December 10, 2014. First, the Modified Injunction seems to have two different times of enforcement. Both “until trial and judgment on the merits” and “until and through January 30, 2015.” Second, the Modified Injunction does not comply with Rule 683. Finally, the Modified Injunction included a new finding of fact for which there was no testimony, evidence, or other showing and that the Court never articulated in either hearing [the final finding in the Modified Temporary Injunction signed by the Court yesterday]. The Court should also note that the inclusion of this new finding of fact was not requested or discussed in the Motion to Modify (or in the hearing) – only included in the Plaintiffs’ Proposed Order that, with minor changes, was signed by the Court. Sincerely, /s/ Aimee M. Furness Aimee M. Furness Direct Phone Number: (214) 651-5024 Direct Fax Number: (214) 200-0851 Aimee.Furness@haynesboone.com Haynes and Boone, LLP Attorneys and Counselors 2323 Victory Avenue, Suite 700 Dallas, Texas 75219-7672 Phone: 214.651.5000 Fax: 214.651.5940 December 11, 2014 Page 2 cc: Erica W. Harris via E-File and Serve Susman Godfrey LLP 1000 Louisiana Street, Suite 5100 Houston, Texas 77002 David J. Drez III via E-File and Serve Brant C. Martin Joseph R. Callister Lindsey E. Marsh Wick Phillips Gould & Martin, LLP 3131 McKinney Avenue, Suite 100 Dallas, Texas 75204 John M. Helms via E-File and Serve Law Office of John M. Helms 2600 State Street Dallas, Texas 75204