On December 31, 2020 a
Party Discovery
was filed
involving a dispute between
Arista Investments 401K Trust,
Arista Investments, Llc,
Earley, J. Mark,
Edwards, F. Aaron,
Fox, Brian,
and
1 Ramland Road Management, Llc,
Fifteenfortyseven Critical Systems Realty, Llc,
Ramland Holdings Ii, Llc,
U.S. Data Center Portfolio Manager, Llc,
Welp, Corey,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
FILED
10/4/2021 3:41PM
FELICIA PITRE
DISTRICT CLERK
Pag®AI4.BS CO., TEXAS
.
LU .l.E ‘ve DEPUTY
CAUSE NO. DC-20-19316
ARISTA INVESTMENTS, LLC; ) IN THE DISTRICT COURT
ARISTA INVESTMENTS 401K )
TRUST; F AARON EDWARDS; J. )
MARK EARLEY; and BRIAN )
FOX, )
)
Plaintiffs, )
)
VS. ) DALLAS COUNTY, TEXAS
)
FIFTEENFORTYSEVEN )
CRITICAL SYSTEMS REALTY, )
LLC; COREY WELP; U.S. DATA )
CENTER PORTFOLIO MANAGER, )
LLC; RAMLAND HOLDINGS II, )
LLC; and l RAMLAND ROAD )
10 MANAGEMENT , LLc, )
)
ll Defendants. ) 298TH JUDICIAL DISTRICT
12 REPORTER'S CERTIFICATION
DEPOSITION OF TODD RAYMOND
l3 AUGUST 25, 2021
l4 I, Pennie Futrell, Certified Shorthand Reporter in
15 and for the State of Texas, hereby certify to the
l6 following:
l7 That the witness, TODD RAYMOND, was duly sworn by
18 the officer and that the transcript of the oral
19 deposition is a true record of the testimony given by
20 the witness;
21 That the deposition transcript was submitted on
22 September 13, 2021 to the witness or to the
23 attorney for the witness for examination, signature an d
24 return to me by October 4, 2021;
25 That the amount of time used by each party at the
PohlmanUSA Court Reporting
(877) 421—0099 PohlmanUSA.com
Page 44
deposition is as follows:
Mr. Robert Arnett, II O hours 44 minutes
Mr. Fields Alexander O hours 03 minutes
That pursuant to information given to the deposition
officer at the time said testimony was taken, the
following includes counsel for all parties of record:
FOR THE PLAINTIFFS:
Mr. Robert Arnett II
CARTER ARNETT
8150 N. Central Expressway
Suite 1950
10 Dallas, Texas 75206
Telephone: 214.550.8188
ll Facsimile: 214.550.8185
E—mail: barnett@carterarnett.com
12
l3 Mr. Michael Gaubert
GAUBERT LAW GROUP, P.C.
l4 100 Crescent Court
7th Floor
15 Dallas, Texas 75201
Telephone: 214.593.6440
l6 E—mail: michael@gaubertlawgroup.com
l7 FOR THE DEFENDANTS:
18 Mr. Fields Alexander
Ms. Amy Beeson
19 BECK REDDEN, LLP
1221 McKinney Street
20 Suite 4500
Houston, Texas 77010
21 Telephone: 713.951.3700
Facsimile: 713.951.3720
22 E—mail: falexander@beckredden.com
23 I further certify that I am neither counsel for,
24 related to, nor employed by any of the parties or
25 attorneys in the action in which this proceeding was
PohlmanUSA Court Reporting
(877) 421—0099 PohlmanUSA.com
Page 45
taken, and further that I am not financially or
otherwise interested in the outcome of the action.
Further certification requirements pursuant to Rule
203 of the Texas Rules of Civil Procedure will be
certified to after they have occurred.
Certified to by me this 13th day of September 2021.
\.
PENNIE FUTRELL, CSR NO. 4108
lO Expiration Date: 7/31/22
PohlmanUSA
ll Firm Registration No. 814
lO S. Broadway
12 Suite 1400
St. Louis, Missouri 63102
13 314.421.0099
l4
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FURTHER CERTIFICATION UNDER RULE 203 TRCP
The original deposition was- returned to the
deposition officer on OCtOber 4th, 2021
If returned, the attached Changes and Signature page
contains any changes and the reasons therefor.
If returned, the original deposition was delivered
to Mr. Robert Arnett, II, Custodial Attorney;
That $38245 is the deposition officer's
charges to the Plaintiffs for preparing the original
lO deposition transcript and any copies of exhibits;
ll That the deposition was delivered in accordance with
12 Rule 203.3, and that a copy of this certificate was
l3 served on all parties shown herein and filed with the
l4 Clerk.
15 Certified to by me this 4th day of OCtOber ,
l6 2021.
l7
18 ‘5
19
.1—Jha¥_LJLI
PENNIE FUTRELL, CSR NO. 4108
20 Expiration Date: 7/31/22
PohlmanUSA
21 Firm Registration No. 814
lO S. Broadway
22 Suite 1400
St. Louis, Missouri 63102
23 314.421.0099
24
25
PohlmanUSA Court Reporting
(877) 421—0099 PohlmanUSA.com
Page 41
CHANGES AND SIGNATURE
2 WITNESS NAME: TODD RAYMOND
DATE OF DEPOSITION: AUGUST 25, 2021
PAGE LINE CHANGE REASON
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I, TODD RAYMOND, have read the foregoing deposition
and hereby affix my signature that same is true and
correct, except as noted above.
TODD RAYMOND
STATE 0F )
lO COUNTY 0F )
ll Before me, , on this day
12 personally appeared TODD RAYMOND, known to me (or proved
l3 to me under oath or through ) to be
l4 the person whose name is subscribed to the foregoing
15 instrument and acknowledged to me that they executed the
l6 same for the purposes and consideration therein
l7 expressed.
18 Given under my hand and seal of office this
19 day of r
20
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22
NOTARY PUBLIC IN AND FOR
23 THE STATE OF
24
25
PohlmanUSA Court Reporting
(877) 421—0099 PohlmanUSA.com
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 57857051
Status as of 10/5/2021 2:35 PM CST
Associated Case Party: FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC
Name BarNumber Email TimestampSubmitted Status
Fields Alexander falexander@beckredden.com 10/4/2021 3:41:22 PM SENT
Amy ParkerBeeson abeeson@beckredden.com 10/4/2021 3:41:22 PM SENT
Associated Case Party: ARISTA INVESTMENTS, LLC
Name BarNumber Email TimestampSubmitted Status
Michael Lewis Gaubert 785903 michael@gaubertlawgroup.com 10/4/2021 3:41:22 PM SENT
Preview
FILED 10/4/2021 3:41PM FELICIA PITRE DISTRICT CLERK Pag®AI4.BS CO., TEXAS . LU .l.E ‘ve DEPUTY CAUSE NO. DC-20-19316 ARISTA INVESTMENTS, LLC; ) IN THE DISTRICT COURT ARISTA INVESTMENTS 401K ) TRUST; F AARON EDWARDS; J. ) MARK EARLEY; and BRIAN ) FOX, ) ) Plaintiffs, ) ) VS. ) DALLAS COUNTY, TEXAS ) FIFTEENFORTYSEVEN ) CRITICAL SYSTEMS REALTY, ) LLC; COREY WELP; U.S. DATA ) CENTER PORTFOLIO MANAGER, ) LLC; RAMLAND HOLDINGS II, ) LLC; and l RAMLAND ROAD ) 10 MANAGEMENT , LLc, ) ) ll Defendants. ) 298TH JUDICIAL DISTRICT 12 REPORTER'S CERTIFICATION DEPOSITION OF TODD RAYMOND l3 AUGUST 25, 2021 l4 I, Pennie Futrell, Certified Shorthand Reporter in 15 and for the State of Texas, hereby certify to the l6 following: l7 That the witness, TODD RAYMOND, was duly sworn by 18 the officer and that the transcript of the oral 19 deposition is a true record of the testimony given by 20 the witness; 21 That the deposition transcript was submitted on 22 September 13, 2021 to the witness or to the 23 attorney for the witness for examination, signature an d 24 return to me by October 4, 2021; 25 That the amount of time used by each party at the PohlmanUSA Court Reporting (877) 421—0099 PohlmanUSA.com Page 44 deposition is as follows: Mr. Robert Arnett, II O hours 44 minutes Mr. Fields Alexander O hours 03 minutes That pursuant to information given to the deposition officer at the time said testimony was taken, the following includes counsel for all parties of record: FOR THE PLAINTIFFS: Mr. Robert Arnett II CARTER ARNETT 8150 N. Central Expressway Suite 1950 10 Dallas, Texas 75206 Telephone: 214.550.8188 ll Facsimile: 214.550.8185 E—mail: barnett@carterarnett.com 12 l3 Mr. Michael Gaubert GAUBERT LAW GROUP, P.C. l4 100 Crescent Court 7th Floor 15 Dallas, Texas 75201 Telephone: 214.593.6440 l6 E—mail: michael@gaubertlawgroup.com l7 FOR THE DEFENDANTS: 18 Mr. Fields Alexander Ms. Amy Beeson 19 BECK REDDEN, LLP 1221 McKinney Street 20 Suite 4500 Houston, Texas 77010 21 Telephone: 713.951.3700 Facsimile: 713.951.3720 22 E—mail: falexander@beckredden.com 23 I further certify that I am neither counsel for, 24 related to, nor employed by any of the parties or 25 attorneys in the action in which this proceeding was PohlmanUSA Court Reporting (877) 421—0099 PohlmanUSA.com Page 45 taken, and further that I am not financially or otherwise interested in the outcome of the action. Further certification requirements pursuant to Rule 203 of the Texas Rules of Civil Procedure will be certified to after they have occurred. Certified to by me this 13th day of September 2021. \. PENNIE FUTRELL, CSR NO. 4108 lO Expiration Date: 7/31/22 PohlmanUSA ll Firm Registration No. 814 lO S. Broadway 12 Suite 1400 St. Louis, Missouri 63102 13 314.421.0099 l4 15 16 17 18 19 20 21 22 23 24 25 PohlmanUSA Court Reporting (877) 421—0099 PohlmanUSA.com Page 46 FURTHER CERTIFICATION UNDER RULE 203 TRCP The original deposition was- returned to the deposition officer on OCtOber 4th, 2021 If returned, the attached Changes and Signature page contains any changes and the reasons therefor. If returned, the original deposition was delivered to Mr. Robert Arnett, II, Custodial Attorney; That $38245 is the deposition officer's charges to the Plaintiffs for preparing the original lO deposition transcript and any copies of exhibits; ll That the deposition was delivered in accordance with 12 Rule 203.3, and that a copy of this certificate was l3 served on all parties shown herein and filed with the l4 Clerk. 15 Certified to by me this 4th day of OCtOber , l6 2021. l7 18 ‘5 19 .1—Jha¥_LJLI PENNIE FUTRELL, CSR NO. 4108 20 Expiration Date: 7/31/22 PohlmanUSA 21 Firm Registration No. 814 lO S. Broadway 22 Suite 1400 St. Louis, Missouri 63102 23 314.421.0099 24 25 PohlmanUSA Court Reporting (877) 421—0099 PohlmanUSA.com Page 41 CHANGES AND SIGNATURE 2 WITNESS NAME: TODD RAYMOND DATE OF DEPOSITION: AUGUST 25, 2021 PAGE LINE CHANGE REASON 10 ll 12 l3 l4 15 l6 l7 18 19 20 21 22 23 24 25 PohlmanUSA Court Reporting (877) 421—0099 PohlmanUSA.com Page 42 I, TODD RAYMOND, have read the foregoing deposition and hereby affix my signature that same is true and correct, except as noted above. TODD RAYMOND STATE 0F ) lO COUNTY 0F ) ll Before me, , on this day 12 personally appeared TODD RAYMOND, known to me (or proved l3 to me under oath or through ) to be l4 the person whose name is subscribed to the foregoing 15 instrument and acknowledged to me that they executed the l6 same for the purposes and consideration therein l7 expressed. 18 Given under my hand and seal of office this 19 day of r 20 21 22 NOTARY PUBLIC IN AND FOR 23 THE STATE OF 24 25 PohlmanUSA Court Reporting (877) 421—0099 PohlmanUSA.com Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 57857051 Status as of 10/5/2021 2:35 PM CST Associated Case Party: FIFTEENFORTYSEVEN CRITICAL SYSTEMS REALTY, LLC Name BarNumber Email TimestampSubmitted Status Fields Alexander falexander@beckredden.com 10/4/2021 3:41:22 PM SENT Amy ParkerBeeson abeeson@beckredden.com 10/4/2021 3:41:22 PM SENT Associated Case Party: ARISTA INVESTMENTS, LLC Name BarNumber Email TimestampSubmitted Status Michael Lewis Gaubert 785903 michael@gaubertlawgroup.com 10/4/2021 3:41:22 PM SENT