On November 01, 2012 a
Motion,Ex Parte
was filed
involving a dispute between
Duffy I, Lp,
Mugdock Tavern Investments,
and
Ascend Health Corporation,
Cat Seattle Llc,
Kresch, Richard,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
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FILED
DALLAS COUNTY
6/24/2015 2:08:52 PM
FELICIA PITRE
DISTRICT CLERK
CAUSE NO. DC-12-12887
MUGDOCK TAVERN § IN THE DISTRICT COURT OF
INVESTMENTS §
and DUFFY I, LP, §
§
Plaintiffs, §
§
v. §
§
CAT SEATTLE, LLC, ASCEND §
HEALTH CORPORATION, and §
RICHARD KRESCH, Individually, § DALLAS COUNTY, TEXAS
§
Defendants and Counter- §
Plaintiffs, §
§
v. §
§
DUFFY I, LP and JAMES P. §
GRAHAM §
§
Counter-Defendants. § 134TH JUDICIAL DISTRICT
MOTION FOR ATTORNEYS’ FEES AND COSTS
COMES NOW Defendants and Counter-Plaintiffs CAT Seattle, LLC, Ascend Health
Corporation, and Richard Kresch (collectively, the “Ascend Defendants”) hereby file their
Motion For Attorneys’ Fees and Costs and would show as follows:
1. A jury verdict was secured on the wiretapping counterclaim in this case after a
full trial on the mertis.
2. The wiretapping counterclaim for which a jury finding was secured allows for the
recovery of reasonable and necessary attorney’s fees.
1
DAL 79504826v1
3. During the trial on the merits, and on the record, the parties decided and agreed,
and the Court accepted and approved, that the award of any reasonable and necessary attorney’s
fees would be tried to and decided by this Honorable Court.
WHEREFORE PREMISES CONSIDERED the Ascend Defendants hereby request a
hearing following which this Court grant any and all reasonable and necessary attorney’s fees (as
well as taxable costs) that are proven following such hearing; and of course prayer is made for
any and all relief legal and equitable to which the Ascend Defendants show themselves justly
entitled.
Date: June 24, 2015 Respectfully submitted,
/s/ Victor D. Vital
Victor D. Vital
State Bar No. 00794798
vitalv@gtlaw.com
Nicholas A. Sarokhanian
State Bar No. 24075020
sarokhaniann@gtlaw.com
GREENBERG TRAURIG, LLP
2200 Ross Avenue, Suite 5200
Dallas, Texas 75201
214-665-3600 - Telephone
214-665-3601- Facsimile
ATTORNEYS FOR DEFENDANTS
AND COUNTER-PLAINTIFFS
CERTIFICATE OF CONFERENCE
The undersigned certifies that counsel for Defendants and Counter-Plaintiffs have
attempted to confer with Plaintiff to discuss this matter regarding the relief requested in this
Motion, and Plaintiff has not responded. Thus, this matter is presented by this Motion.
/s/ Victor D. Vital
Victor D. Vital
2
DAL 79504826v1
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the following instrument was
served on the following counsel of record by electronic delivery on June 24, 2015:
Charles C. Frederiksen
Randy Brown
Glast, Phillips & Murray, P.C.
14801 Quorum Drive, Suite 500
Dallas, Texas 75254
/s/ Victor D. Vital
Victor Vital
3
DAL 79504826v1
Document Filed Date
June 24, 2015
Case Filing Date
November 01, 2012
Category
CNTR CNSMR COM DEBT
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FILED DALLAS COUNTY 6/24/2015 2:08:52 PM FELICIA PITRE DISTRICT CLERK CAUSE NO. DC-12-12887 MUGDOCK TAVERN § IN THE DISTRICT COURT OF INVESTMENTS § and DUFFY I, LP, § § Plaintiffs, § § v. § § CAT SEATTLE, LLC, ASCEND § HEALTH CORPORATION, and § RICHARD KRESCH, Individually, § DALLAS COUNTY, TEXAS § Defendants and Counter- § Plaintiffs, § § v. § § DUFFY I, LP and JAMES P. § GRAHAM § § Counter-Defendants. § 134TH JUDICIAL DISTRICT MOTION FOR ATTORNEYS’ FEES AND COSTS COMES NOW Defendants and Counter-Plaintiffs CAT Seattle, LLC, Ascend Health Corporation, and Richard Kresch (collectively, the “Ascend Defendants”) hereby file their Motion For Attorneys’ Fees and Costs and would show as follows: 1. A jury verdict was secured on the wiretapping counterclaim in this case after a full trial on the mertis. 2. The wiretapping counterclaim for which a jury finding was secured allows for the recovery of reasonable and necessary attorney’s fees. 1 DAL 79504826v1 3. During the trial on the merits, and on the record, the parties decided and agreed, and the Court accepted and approved, that the award of any reasonable and necessary attorney’s fees would be tried to and decided by this Honorable Court. WHEREFORE PREMISES CONSIDERED the Ascend Defendants hereby request a hearing following which this Court grant any and all reasonable and necessary attorney’s fees (as well as taxable costs) that are proven following such hearing; and of course prayer is made for any and all relief legal and equitable to which the Ascend Defendants show themselves justly entitled. Date: June 24, 2015 Respectfully submitted, /s/ Victor D. Vital Victor D. Vital State Bar No. 00794798 vitalv@gtlaw.com Nicholas A. Sarokhanian State Bar No. 24075020 sarokhaniann@gtlaw.com GREENBERG TRAURIG, LLP 2200 Ross Avenue, Suite 5200 Dallas, Texas 75201 214-665-3600 - Telephone 214-665-3601- Facsimile ATTORNEYS FOR DEFENDANTS AND COUNTER-PLAINTIFFS CERTIFICATE OF CONFERENCE The undersigned certifies that counsel for Defendants and Counter-Plaintiffs have attempted to confer with Plaintiff to discuss this matter regarding the relief requested in this Motion, and Plaintiff has not responded. Thus, this matter is presented by this Motion. /s/ Victor D. Vital Victor D. Vital 2 DAL 79504826v1 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the following instrument was served on the following counsel of record by electronic delivery on June 24, 2015: Charles C. Frederiksen Randy Brown Glast, Phillips & Murray, P.C. 14801 Quorum Drive, Suite 500 Dallas, Texas 75254 /s/ Victor D. Vital Victor Vital 3 DAL 79504826v1