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Photo of Collin County

Court

Collin County

Texas

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Case Information

Filed 2023-03-02
Status Closed
Type All Other Civil Cases
Docket 184 entries
Disposition final judgment

Parties

Plaintiff Bain, David
Defendant Delisle, Dennis Bret
Photo of Hon. Dismissal For Want Of Prosecution (8:30 Am) (judicial Officer Nowak, Christine)

Judge

Hon. Dismissal For Want Of Prosecution (8:30 Am) (judicial Officer Nowak, Christine)

Collin County (TX)

Texas

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Lawyers

Docket Entries

  1. Appeals - Mandate Dismissed
  2. Final Judgment (Judicial Officer: Nowak, Christine) Comment (DUPLICATE)
  3. Plaintiff's Original Petition (OCA) $350.00 Plaintiffs' Original Petition for Declaratory Relief
  4. Request for Citation $8.00
  5. Citation Delisle, Dennis Bret Served 03/14/2023 Returned 03/14/2023
  6. Service Return Service Return Affidavit - Dennis Bret Delisle
  7. Motion to Transfer - Civil Defendant's Motion to Transfer Venue and Original Answer
  8. Supplemental Defendant's First Supplemental Answer
  9. Motion Defendant's Motion to Compel
  10. Notice of Hearing Notice of Hearing on Defendant's Motion to Compel
  11. Administrative Order Order signed 9/29/2023 to transfer to the 493rd Court.. Order scanned into minutes.
  12. Response Plaintiffs' Response to Defendant's Motion to Compel
  13. Motion Motion for Entry of Agreed Protective Order
  14. CANCELED Motion to Compel (10:30 AM) (Judicial Officer Bouressa, Andrea) Other
  15. Motion to Compel (9:00 AM) (Judicial Officer Nowak, Christine)
  16. Agreed Order Agreed Protective Order
  17. Judge's Docket Entry Case called. Plaintiffs appeared via counsel Rosenthal; Defendant appeared via counsel Howard. Hearing on Defendant's Motion to Compel and Agreed Motion for Protective Order. Parties state agreements on Motion to Compel; Court considers argument on overbreadth objection as to RFPs 1-4. Court overrules objection as to SA, Note, Guaranty, Enforcement Suit, Underlying Suit, This Litigation; Court sustains objection as to "Mr. Delisle", request modified as stated in Court. Parties to submit order on Motion to Compel no later than 5pm tomorrow. Trial date selected - Parties select June 13 pretrial, June 17 trial. Confirm bench trial. Parties to submit proposed DCO within 14 days.
  18. Order Granted Order Granting Defendant's Motion to Compel
  19. CANCELED Motion to Enter (9:00 AM) (Judicial Officer Nowak, Christine) Other DCO
  20. Discovery Control Plan and Scheduling Order Discovery Control Plan and Scheduling Order (Level 3 - Civil)
  21. Motion Defendant's Second Motion to Compel Production of Improperly Withheld Documents and, In the Alternative, for In Camera Review
  22. Notice of Hearing Notice of Hearing on Defendant's Second Motion to Compel Production of Improperly Withheld Documents and, In the Alternative, for In Camera Review
  23. Amended Amended Notice of Hearing on Defendant's Second Motion to Compel Production of Improperly Withheld Documents and, in the Alternative, for in Camera Review
  24. Motion to Quash Plaintiffs' Motion to Quash Depositions
  25. CANCELED Motion to Compel (1:15 PM) (Judicial Officer Nowak, Christine) Per Attorney
  26. Amended Motion Defendant's Amended Second Motion to Compel Production of Improperly Withheld Documents and, In the Alternative, for In Camera Review
  27. Notice of Hearing
  28. Response Plaintiffs' Response to Defendant's Second Amended Motion to Compel Production
  29. Motion to Compel (1:15 PM) (Judicial Officer Nowak, Christine)
  30. Order Denied Order Denying Plaintiffs' Motion to Quash Depositions
  31. Judge's Docket Entry Case called for hearing on Motion to Compel and Motion to Quash. Parties have reached agreement on Motion to Quash; depositions of plaintiffs and defendant scheduled and ordered to proceed on agreed upon dates. Court hears argument on Motion to Compel. Court receives documents for in camera review; Plaintiff to provide current privilege log COB Monday. Defendant may make a written filing to memorialize its arguments to Plaintiff Response by COB Monday. Defendant to provide additional documents for Court review by COB Monday. Court takes Motion to Compel under advisement pending review.
  32. Motion Defendant's Motion to Strike and, in the Alternative, Objections to Declaration of David Bain
  33. Letter Correspondence to Court
  34. Response Plaintiffs' Response to Defendant's Motion to Strike and, in the Alternative, Objections to Declaration of David Bain
  35. Motion Defendant's Motion to Strike Unauthorized Sur-Reply
  36. Motion Defendant's Third Motion to Compel Production
  37. Notice of Hearing
  38. Response Plaintiffs' Response to Defendant's Third Motion to Compel Production
  39. Motion to Compel (1:15 PM) (Judicial Officer Nowak, Christine)
  40. Order Denied Order Denying Defendant's Motion to Compel
  41. Judge's Docket Entry Case called for hearing on Motion to Compel. Counsel state appearances. Court hears argument on Motion to Compel. Court denies Motion to Compel and tenders back to counsel in open court document submitted in camera to which opposing party had objection. Court signs Order.
  42. Motion for Summary Judgment Defendant's Motion for Partial Traditional and No Evidence Summary Judgment
  43. Letter Re: Ltr to Court re Dfs MSJ Under Seal
  44. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Justin Gaffney February 27, 2024 Volume 1
  45. Notice of Hearing Notice of Hearing on Defendant's Motion to Compel
  46. Motion for Summary Judgment Plaintiffs' Traditional and No-Evidence Motion for Summary Judgment
  47. Notice of Hearing Notice of Hearing
  48. Letter Re: Plaintiffs' Unredacted Motion for Summary judgment (without enclosures)
  49. Objection Defendant's Objection to and Motion to Quash Notice of Hearing on Plaintiffs' Traditional and No Evidence Motion for Summary Judgment
  50. Motion Plaintiffs' Motion for Leave
  51. Motion Plaintiffs' Motion to Seal Court Records
  52. Motion Plaintiffs' Motion to Continue Hearing on Defendant's Motion for Partial Summary Judgment
  53. Letter Letter for Public Notice of Motion to Seal
  54. Notice of Hearing Notice of Hearing
  55. Amended Amended Notice of Hearing
  56. Notice of Hearing Notice of Hearing
  57. Notice of Hearing
  58. Administrative Order The State Of Texas First Adminstrative Judicial Region Order Of Assignment By The Presiding Judge
  59. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Bryan Dodson - February 21, 2024
  60. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of David Bain - February 22, 2024
  61. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Plaintiffs Motion for Leave;Plaintiffs Motion to Continue Hearing on Defendant s Motion for Partial Summary Judgment; and; Plaintiffs Motion to Seal Court Records.
  62. Judge's Docket Entry Case called for hearing on (1) Plaintiff's Motion for Leave, (2) Plaintiff's Motion to Continue Hearing, and (3) Defendant's Objection and Motion to Quash. Appearances stated. Court hears argument. Court grants Motion for Leave. Court denies Motion to Continue. Court denies Motion to Quash and sustains objection to extent the Court extends the response deadline to 5/13, COB 5/14 reply, COB 5/14 sur-reply. Order signed. In connection with documents for in-camera review submitted 2/5/2024, Court finds to be privileged the documents submitted, save and except P 143-216 and 1154-1369, as to these documents the Court made inquiry regarding production of 143-216 and 1154-1369 in connection with other litigation and/or by, through or, in other correspondence; counsel to provide additional information.
  63. Response Plaintiffs' Response to Defendant's Motion for Partial Traditional and No Evidence Summary Judgment (Redacted)
  64. Correspondence Correspondence to District Clerk
  65. Order Order Granting Plaintiffs' Motion for Leave in Part and Sustaining, in Part, Defendant's Objection
  66. Response Plaintiffs' Response to Defendant's Motion for Partial Traditional and No Evidence Summary Judgment (Sealed)
  67. Response Defendant's Response in Opposition to Plaintiffs' Traditional and No-Evidence Motion for Summary Judgment
  68. Motion Emergency Motion to Compel and to Continue Hearing on Plaintiffs' Motion for Summary Judgment
  69. Response Plaintiffs' Response to Defendant's Emergency Motion to Compel and Motion Continue Hearing on Plaintiff's Motion for Summary Judgment
  70. Response Plaintiffs' Reply in Support for Their Motion for Summary Judgment (Sealed)
  71. Objection Defendant's Surreply and Objection to New Relief Requested in Reply
  72. Notice of Hearing
  73. Motion Plaintiffs' Motion to Strike Portions of Defendant's Summary Judgment Evidence
  74. Motion for Summary Judgment (1:15 PM) (Judicial Officer Nowak, Christine) Plaintiff's Motion To Seal
  75. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine) RE: Motion to Seal
  76. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine)
  77. Order Denied Order Denying Defendant's Emergency Motion to Compel and Motion to Continue Hearing on Plaintiffs' Motion for Summary Judgment
  78. Order Denied Order Denying Plaintiffs' Motion for Traditional and No Evidence Summary Judgment
  79. Order Denied Order on Defendant's Motion for Partial Summary Judgment - DENIED
  80. Correspondence Correspondence from John Shipp, Mediator
  81. Motion Plaintiffs' Supplemental Motion to Seal Court Records
  82. Letter RE: Public Notice of Hearing
  83. Motion Defendant's Motion to Exclude Parol Evidence
  84. Bill of Cost $ Plaintiffs Request A Bill Of Cost
  85. Notice of Hearing
  86. Letter Re: Pretrial Topics for Bain et al. v. Delisle, pending before the 493rd Judicial District Court of Collin County, Texas under Cause No. 493-01081-2023
  87. Witness List Defendant's Witness List
  88. Exhibit List Agreed Exhibit List
  89. Amended Defendant's First Amended Exhibit List
  90. Amended Defendant's Amended Deposition Designations
  91. Exhibit List Plaintiffs' Exhibit List
  92. Amended Plaintiffs' Amended Witness List
  93. Designation of Plaintiffs' Cross Designations of Deposition Testimony
  94. Response Plaintiffs' Response to Defendant's Motion to Exclude Parol Evidence
  95. Pre Trial (9:30 AM) (Judicial Officer Nowak, Christine)
  96. Motion to Seal Records (9:30 AM) (Judicial Officer Nowak, Christine)
  97. Judge's Docket Entry Case called for hearing on Supplemental Motion to Seal Records; court called hall and courtroom to make public aware. Appearances stated. Court denies. Order reflecting rulings on prior seal hearing and this hearing proferred. Court signs and sends to clerk's office for docketing.
  98. Judge's Docket Entry Pre-trial conference held. Appearances stated. Bench trial will proceed 6/17. Parties shall be permitted 20 min; 30 min close; 2.5 hours per side. Witnesses may be called live or via depo, but not both. Stipulations to be placed on record prior to open. No objections to demonstratives to be used in open/close. Trial bifurcated; fees to be decided following trial - affidavits/fee statements to be exchanged/filed w/in 10 days of Court's ruling; objections to be filed 10 days thereafter. Parties must confer on objections prior to filing. Proposed findings of fact/conclusions of law to be provided to Court prior to open. Argument presented on Motion to Exclude; Court grants in part and denies in part; order forthcoming. Court considers objections to depo desig; order forthcoming. Court considers agreements/objections to exhibits; order forthcoming.
  99. Order Order on Plaintiffs' Motion to Seal
  100. Brief Plaintiffs' Trial Brief on Ambiguity
  101. Order Order on Pre-Trial Conference Rulings
  102. Bench Trial (9:30 AM) (Judicial Officer Nowak, Christine)
  103. Objection Defendant's Objection to Trial by Surprise and Trial Brief on Ambiguity
  104. Proposed Findings of Fact and Conclusions of Law Plaintiffs' Proposed Findings of Fact and Conclusions of Law
  105. Proposed Findings of Fact and Conclusions of Law [Defendant's Proposed] Findings of Fact Conclusions of Law
  106. Judge's Docket Entry Case called for bench trial. Appearances stated. Parties announce ready for trial. Discussion regarding (1) ambiguity; all agree no Party has pleaded ambiguity, (2) additional Plaintiffs exhibit and objections thereto; request to admit denied, (3)stipulations read into the record. Openings presented. Plaintiffs call witness #1 (Gaffney depo excerpts); witness #2 (Bain). Court in recess for lunch. Reconvene. Cont. witness #2 (Bain - Ex. Admitted - PX1, JX 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 19, DX 8, 9); witness #3 (Dodson - Ex. Admitted - PX1, JX 1, 5, 16, 19); witness #4 (Delisle - Ex. Admitted - PX 1, JX 5, 8, 19). Plaintiffs rests. Motion for Directed Verdict. Defendant calls witness #1 (Gaffney depo excerpts). Defendant rests. In rebuttal case, Plaintiffs call Bain. Plaintiffs close. Defense closes. Motion for Directed Verdict denied. Closing Arguments. Court renders rulings/findings. 10 days on fees process identified at pretrial begins to run today.
  107. Application Plaintiffs' Application for Attorney's Fees
  108. Application Plaintiffs' Application for Attorney's Fees (Filed Under Seal)
  109. Defendant's Defendant's Request for Award of Attorneys' Fees and Costs
  110. Objection Defendant's Objections and Response in Opposition to Plaintiffs' Application for Attorneys' Fees
  111. Response Plaintiffs' Response and Objections to Defendant's Request for Award of Attorney's Fees and Costs and Supporting Counter-Declaration
  112. Response Plaintiffs' Reply to Defendant's Objections and Response in Opposition to Plaintiffs' Application for Attorneys' Fees
  113. Motion Defendant's Motion for Judgment
  114. Motion Plaintiffs' Motion for Entry of Judgment
  115. Motion to Enter (9:00 AM) (Judicial Officer Nowak, Christine) Motion To Enter Final Judgement
  116. Order Granted Order Granting Plaintiff's Motion to Withdraw Plaintiffs' Motion for Entry of Judgement
  117. Judge's Docket Entry Case called for Motion to Enter. Appearances stated. Plaintiff moves to withdraw its motion for entry of judgment. No opposition. Court grants request to withdraw. Discussion regarding competing final judgments submitted; court confirms word versions received by coordinator. Court will proceed to enter final judgment following review of competing versions.
  118. Notice Notice of Change of Attorney's Firm and Address
  119. Motion Defendant's Motion to Strike Plaintiffs' Withdrawn Judgments
  120. Notice of Hearing
  121. Mailed Judgment Letters
  122. CANCELED Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Other
  123. Request for Findings of Fact and Conclusions of Law Plaintiffs' Request for Findings of Facts and Conclusions of Law on Court's Final Judgment
  124. Motion to Reinstate - Civil $80.00 Defendant's Application for Charging Order
  125. Request for Abstract of Judgment $8.00
  126. Issued Abstract of Judgment
  127. Notice Plaintiffs' Notice of Past Due Findings of Fact and Conclusions of Law on Court's Final Judgment
  128. Request for Abstract of Judgment $8.00
  129. Issued Abstract of Judgment
  130. Notice of Hearing
  131. Findings of Fact and Conclusions of Law
  132. Motion Plaintiffs' Motion to Set Supersedeas Bond Amount
  133. Bond Application Fee Collected $5.00
  134. Notice of Hearing
  135. Appeals - Notice Of Appeal 05-25-00004-CV
  136. Appeals - Filed NOA with the COA and emailed to Court Reporter
  137. Appeals - Correspondence Sent Request for Letter of Designation to Appellant Attorney
  138. Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Application for Changing Order
  139. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine)
  140. Appeals - Correspondence
  141. Judge's Docket Entry Case called for hearing on (1) Application for Charging Order, and (2) Motion for Supersedeas Bond. Appearances stated. Argument on Charging Order; no opposition filed. Court grants; order signed. Argument on Supersedeas; oral motion for counter supersedeas made at time of hearing. Court denies oral motion; grants plaintiff's request; order signed. Discussion regarding any change in plaintiff's interests in entities named after payment of bond will be viewed as violation of charging order; escrow account to be set up to receive any distributions/amts paid to plaintiff's from such entities.
  142. Order Charging Order
  143. Supersedeas Bond Order on Plaintiff's Motion to Set Supersedeas Bond Amount
  144. Certificate of Cash Deposit in Lieu of Surety Bond Supersedeas Bond
  145. Appeals - Request for Clerk's Record
  146. Appeals - Req for Reporter's Record
  147. Appeals - Req for Reporter's Record Letter to Court Reporter Regarding Transcripts
  148. Appeals - Correspondence Sent Request for Reporter's Record to Court Reporter
  149. Appeals - Correspondence Sent Cost for Record to Appellant Attorney
  150. Appeals - Correspondence Sent Letter Directed to Court Report to the Court Reporter
  151. Motion Emergency Motion to Show Cause Regarding Violations of Charging Order and Related Agreements of Counsel
  152. Notice of Hearing Notice Of Hearing
  153. Appeals - Clerk's Record Paid $
  154. CANCELED Show Cause Hearing (9:00 AM) (Judicial Officer Nowak, Christine) Other
  155. Appeals - Cover Letter
  156. Appeals - Order Temporary Stay - Granted
  157. Appeals- Clerk's Record
  158. Appeals- Clerk's Record Sealed
  159. Appeals - Correspondence Corrected Sealed Vol Sent
  160. Appeals - Correspondence
  161. Appeals- Clerk's Record
  162. Appeals- Clerk's Record Sealed
  163. Appeals - Correspondence Sealed
  164. Appeals - Correspondence
  165. Motion Defendant's Motion to Vacate Sealing Order Based Upon Public Trial
  166. Notice of Hearing
  167. Appeals - Cover Letter
  168. Appeals - Order
  169. Correspondence Sent by Court Notice of Hearing - File Copy
  170. Amended Amended Notice of Hearing
  171. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Motion To Vacate
  172. Hearing (1:15 PM) (Judicial Officer Nowak, Christine)
  173. Judge's Docket Entry Case called for hearing as directed by Fifth Court of Appeals and further on the pending Motion to Vacate. Appearances stated. Court receives unredacted copy of MSJ and orders to be tendered to clerk's office. Court hears argument on Motion to Vacate. Court grants in part and denies in part. Court finds sealing should remain in place during pendency of appeal; if Defendant successful on appeal at such time motion to vacate should be granted.
  174. Motion for Summary Judgment Plaintiff's Traditional and No-Evidence Motion to For Summary Judgment
  175. Response Plaintiff's Response to Defendant's Motion to Vacate Sealing Order Based Upon Public Trial
  176. Order Order Vacating Sealing Order
  177. Appeals- Clerk's Record Sent to 5th COA
  178. Appeals - Correspondence
  179. Appeals - Correspondence
  180. Deputy Reporter Statement Deputy Court Reporter Statement
  181. Appeals - Cover Letter
  182. Appeals - Judgment And Opinion Memorandum Opinion - Dismissed
  183. Certificate of Deposition (Bill of Cost Form) Reporters Certificate/Filing Certificate Remote Videotaped Deposition of Dennis Bret Delisle February 23, 2024
  184. Appeals - Cover Letter

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