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Photo of Collin County

Court

Collin County

Texas

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Case Information

Filed 2023-03-06
Status Appealed
Type Other Contract
Docket 237 entries

Parties

Plaintiff Frisco Summit, Lp
Defendant Carleton Development, Ltd.
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. Notice Notice of Change of Email Address
  2. Final Judgment (Judicial Officer: Nowak, Christine)
  3. Plaintiff's Original Petition (OCA) $350.00
  4. Request for Citation $8.00
  5. Citation Carleton Development, Ltd. Served 03/13/2023 Returned 03/15/2023 Frisco Multifamily Land GP, LLC Served 03/13/2023 Returned 03/15/2023 GH Southwest II, Inc. Served 03/13/2023 Returned 03/15/2023 Frisco Summit I, LP Served 03/13/2023 Returned 03/15/2023 Frisco Summit I GP, LLC Served 03/13/2023 Returned 03/15/2023 Salt River Capital, Inc. Served 03/13/2023 Returned 03/15/2023 Frisco Summit II, LP Served 03/13/2023 Returned 03/15/2023 Frisco Summit II GP, LLC Served 03/13/2023 Returned 03/15/2023 Gary, Printice L. Served 03/13/2023 Returned 03/15/2023 Fulenchek, Jeffrey D. Served 03/13/2023 Returned 03/15/2023 Hildebrand, Neal R. Served 03/13/2023 Returned 03/15/2023
  6. Service Return Return of Service - Jeffrey D. Fulenchek
  7. Service Return Return of Service - Citation - GH Southwest II, Inc.
  8. Service Return Return of Service - Neal R. Hildebrand
  9. Service Return Return of Service - Citation - Frisco Summit I GP, LLC
  10. Service Return Return of Service - Frisco Multifamily Land GP, LLC
  11. Service Return Return of Service - Citation - Printice L. Gary
  12. Service Return Return of Service - Frisco Summit II GP, LLC
  13. Service Return Return of Service - Citation - Frisco Summit II, LP
  14. Service Return Return of Service - Frisco Summit I, LP
  15. Service Return Return of Service - Citation - Carleton Development, LTD.
  16. Service Return Return of Service - Salt River Capital, Inc.
  17. Original Answer Defendants' Original Answer
  18. Administrative Order Order signed 9/29/2023 to transfer to the 493rd Court.. Order scanned into minutes.
  19. Motion to Enter (9:00 AM) (Judicial Officer Nowak, Christine) Motion To Enter DCO
  20. Judge's Docket Entry Case called for Motion to Enter. Counsel appeared for Plaintiff; counsel appeared for Defendant. Discussion regarding DCO. Parties proffer Agreed DCO. Reserve right to request a jury trial for 14 days from today's date. Trial set for April 2024. Court signs and sends to clerk's office for docketing.
  21. Discovery Control Plan and Scheduling Order Discovery Control Plan and Scheduling Order (Level 3 - Civil)
  22. Notice Notice of Subpoena Requesting Production for a Non-Party
  23. Notice Notice of Subpoena Requesting Production from a Non-Party
  24. Notice Notice Of Subpoena Requesting Production From A Non - Party
  25. Notice Notice of Subpoena Requesting Production from a Non-Party
  26. Designation of Plaintiffs' Designation of Expert Witnesses
  27. Subpoena Return - Not DC Issued Return of Service - Turner, Vedrenne & Howard
  28. Subpoena Return - Not DC Issued Return of Service - Subpoena - C. McLain
  29. Subpoena Return - Not DC Issued Return of Service- Subpoena - Not DC Issued - Gault Company
  30. Subpoena Return - Not DC Issued Return of Service - Subpoena - Not DC Issued - Roger Gault
  31. Notice Notice of Intent to Serve Subpoena Duces Tecum on Non-Party JLL Valuation & Advisory Services, LLC
  32. Notice Notice of Intent to Serve Subpoena Decus Tecum on Non-Party DeShazo Group, Inc.
  33. Notice Notice of Intent to Serve Subpoena Duces Tecum on Non-Party Katopody, LLC
  34. Notice Notice of Intent to Serve Subpoena Duces Tecum on Non-Party Meyers Research, LLC
  35. Notice Notice of Intent to Serve Subpoena Duces Tecum on Non-Party C L McDade & Company, LLC
  36. Notice Notice of Intent to Serve Subpoena Duces Tecum Non-Party Kimley-Horn and Associates, Inc.
  37. Notice Notice of Intent to Serve Subpoena Duces Tecum on Non-Party Lincoln Property Company
  38. Subpoena Return - Not DC Issued Subpoena Duces Tecum - Turner, Vedrenne & Howard, P.C.
  39. Subpoena Return - Not DC Issued Subpoena Duces Tecum - Roger Gault
  40. Subpoena Return - Not DC Issued Subpoena Duces Tecum - Gault Company
  41. Subpoena Return - Not DC Issued Subpoena Duces Tecum - Christopher N. McLain
  42. Motion Plaintiffs' Motion to Compel Defendants to Answer Interragatories and to Produce Documents Responsive
  43. Subpoena Return - Not DC Issued Return of Service - Subpoena Duces Tecum - Turner, Vedrenne & Howard, P.C.
  44. Subpoena Return - Not DC Issued Return of Service Subpoena Duces Tecum-Gaut Company
  45. Subpoena Return - Not DC Issued Return of Service - Subpoena Duces Tecum - Roger Gault
  46. Subpoena Return - Not DC Issued Return of Service - Subpoena Duces Tecum - Christopher N McLain - Served
  47. Subpoena Return - Not DC Issued Return of Service - Lincoln Property Company - Subpoena Duces Tecum
  48. Subpoena Return - Not DC Issued Return of Service - Kimley-Horn Associates, Inc. - Subpoena Duces Tecum
  49. Subpoena Return - Not DC Issued Return of Service - Subpoena Duces Tecum - JLL Valuation & Advisory Services, LLC(Served)
  50. Subpoena Return - Not DC Issued Return of Service - Subpoena Duces Tecum - Deshazo Group, Inc.
  51. Subpoena Return - Not DC Issued Return of Service - Subpoena Duces Tecum with Exibit A-1 - C L McDade & Company, LLC
  52. Motion to Quash Plaintiffs' Frisco Summit, LP and Frisco Summit, LP Derivatively on Behalf of Frisco Multifamily Land Partners, LP Motion to Quash Subpoenas for Document Production Served on Non-Parties, Motion to Extend Deadline and for a Protective Order
  53. Subpoena Return - Not DC Issued Affidavit of Service - Meyers Research LLC
  54. Notice Notice of Intent to Serve Subpoena Duces Tecum on Non-Party
  55. Amended Amended Notice of Hearing
  56. Amended Second Amended Notice of Hearing
  57. Subpoena Return - Not DC Issued Subpoena Duces Tecum - Katopody, LLC
  58. Motion Defendants' Motion to Strike Designation of Expert Witnesses and Motion to Exclude Expert Testimony
  59. Motion Defendants' Motion to Quash Non-Party Subpoenas and Motion for Protective Order
  60. Subpoena Return - Not DC Issued Return- HEDK Architechs, INC. d/b/a BGO Architechs
  61. Notice of Hearing
  62. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Motion to Compel Motion to Quash
  63. Judge's Docket Entry Case called for hearing on Motion to Quash and Motion to Compel. Counsel for all parties appear. Agreements reached on Motion to Quash - date for production extended to April 30 and time frame on requests reformed to after 1/1/13. Parties have also reached agreement in principle on Motion to Compel, further conference with clients necessary before finalizing. Parties will confirm agreements with clients and provide court with agreed order.
  64. Response Defendants' Response to Plaintiff's Motion to Compel
  65. Motion Defendants' Motion to Enter Form Protective Order
  66. Order Order Regarding TVH and McLainSubpoenas
  67. Agreed Order
  68. Amended Amended Notice of Hearing
  69. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Printice L. Gary March 5, 2024
  70. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Jefferey Fulenchek March 6, 2024
  71. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Neal R. Hildebrandt March 7, 2024
  72. CANCELED Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Reset Defendants Motion to Quash Nonparty Subpoenas Defendants Motion to Strike Designation of Expert Witnesses Motion on Protective Order
  73. Motion for Continuance Emergency Motion to Continue April 29, 2024 Hearing
  74. Amended Second Amended Notice of Hearing
  75. Notice Notice of Intention to Take The Oral Deposition of Non-Party Roger Gault
  76. Notice Notice of Intention to Take The Oral Deposition of Non-Party Christopher N. McLain
  77. Order Order Regarding TVH and McLain Subpoenas
  78. Objection Objection to Entry of "Form" Protective Order and Objection to The Designation of Persons with Knowledge of Relevant Facts as Confidential with Respect Thereto
  79. Notice Amended Notice of Intention to Take the Oral Deposition of Non-Party Roger Gault
  80. Motion Defendants' Unopposed Motion for Leave to Have Motion for Summary Judgment Heard Less Than 30 Days Before Trial
  81. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Defendants' Motion to Enter form Protective Order; Defendants' Motion to Strike Designation of Expert Witnesses and Motion to Exclude Expert Testimony; Defendants' Motion to Quash Non-Party Sybpoenas and Motion for Protective Order
  82. Judge's Docket Entry Case called for hearing. Plaintiffs' counsel appeared; Defendants' counsel appeared. General discussion regarding Motions. Court grants Defendants' Unopposed Motion for Leave to Have Motion for Summary Judgment Heard less than 30 days before trial - MSJ will be set for May 30 @ 9AM and trial will be reset to August 20/pretrial August 1 (TBC). Parties agree to utlizie NDTX form protective order form; protective order to be submitted to Court on or before 5/10. Court hears argument on Motion to Quash. Court grants in part and denies in part - grants as to Katopody and BGO, denies as to CL McDade, DeShazo, JLL, Kimley-Horn, Lincoln, and Meyers Research; order to be provided to Court on or before 5/10. Court hears argument on Motion to Exclude. Court grants in part and denies in part as to appraiser - may testiy as non-retained expert as to 2015 appraisal; excluded otherwise; order to be provided to Court on or before 5/10. Court takes Heinsch expert issue under advisement. As to Supplement to Motion to Compel, additional depositions of each of Fulinchek, Prentice, and Hildebrand will be permitted - max. of 2 hours and only permitted as to documents produced after first deposition occurred.
  83. Order Granted Order Granting Defendants' Unopposed Motion for Leave to Have Motion for Summary Judgment Heard Less than 30 Days Before Trial
  84. Response Response to Motion to Quash Non-Party Subpoenas and Motion to Strike Plaintiff's Experts, and Motion to Modify Scheduling Order Subject Thereto
  85. Supplemental Plaintiffs' Supplement to Motion to Compel Defendants to Answer Interrogatories and to Produce Documents Responsive to Request for Production in Plaintiffs' First Sets of Written Discovery and for Sanctions
  86. Administrative Order First Administrative Judicial Region Order of Assignment by the Presiding Judge
  87. Correspondence Sent by Court Trial Reset Notice
  88. Motion Defendants' Motion to Compel
  89. Motion for Summary Judgment Defendants' Traditional and No-Evidence Motion for Summary Judgment
  90. Letter Defendants' Letter Re: Proposed Orders
  91. Notice of Hearing
  92. Motion to Enter (9:00 AM) (Judicial Officer Nowak, Christine) Motion to Enter Orders
  93. Order Order- Plaintiffs' Frisco Summit, LP and Frisco Summit, LP Derivatively on Behalf of Frisco Multifamily Land Partners, LP - Motion to Modify Scheduling Order
  94. Order
  95. Order Order on Defendants' Motion to Strike Designation of Expert Witnesses and Motion to Exclude Expert Testimony
  96. Order Protective Order
  97. Motion Plaintiffs' Motion for Leave to File Their First Amended Petition
  98. Motion for Summary Judgment Plaintiffs' Motion to Continue Summary Judgment Hearing and Motion for Leave to Supplement Disclosures
  99. Exhibit Exhibit B-29 In Support of Plaintiff's Response to Defendants' Traditional and No-Evidence Motion for Summary Judgment
  100. Response Plaintiffs' Response to Defendants' Traditional and No-Evidence Motion for Summary Judgment
  101. Exhibit Part 3 of 7 Plaintiffs' Response to Defendants' Traditional and No-Evidence Motion for Summary Judgment
  102. Exhibit Part 2 of 7 Plaintiffs' Response to Defendants' Traditional and No-Evidence Motion for Summary Judgment
  103. Exhibit Part 4 of 7 Plaintiffs' Response to Defendants' Traditional and No-Evidence Motion for Summary Judgment
  104. Exhibit Part 5 of 7 Plaintiffs' Response to Defendants' Traditional and No-Evidence Motion for Summary Judgment
  105. Exhibit Part 6 of 7 Plaintiffs' Response to Defendants' Traditional and No-Evidence Motion for Summary Judgment
  106. Exhibit Part 7 of 7 Plaintiffs' Response to Defendants' Traditional and No-Evidence Motion for Summary Judgment
  107. Exhibit Part 8 Plaintiffs' Response to Defendants' Traditional and No-Evidence Motion for Summary Judgment
  108. Witness List Defendants' Witness List
  109. Exhibit List Defendants' Exhibit List
  110. Exhibit List Plaintiffs' Exhibit List
  111. Witness List Plaintiffs' Witness List
  112. Motion for Summary Judgment (1:15 PM) (Judicial Officer Nowak, Christine)
  113. Response Defendants' Reply in Support of Traditional and No-Evidence Motion for Summary Judgment
  114. Response Defendants' Response to Plaintiff's Supplement to Motion to Compel
  115. Response Defendants' Response to Plaintiffs' Motion to Continue MSJ Hearing
  116. Response Plaintiffs' Reply to Defendants' Response to Plaintiff's Supplement to Motion to Compel and Plaintiffs' Supplement to the Verified Motion to Continue Summary Judgment Hearing and for Leave to Supplement Disclosures
  117. Judge's Docket Entry Case called for hearing on (1) Supplement to Motion to Compel; (2) MSJ, and (3) Plaintiff's Motion to Continue MSJ Hearing. Appearances stated. Parties outline status of/deposition schedule for Fulencheck (6/24); Hildebrandt (6/24); and Gary (6/25). Court hears argument on Supplement to Motion to Compel; Supplemental Motion to Continue is denied. Court grants Motion to Continue; Parties are permitted to supplement MSJ filings following completion of depositions; briefing to be no more than 5 pages. MSJ reset to July 3 @ 1:15PM. Plaintiff has filed Motion for Leave which will also be set for July 3; response should be timely filed prior to such date.
  118. Order Denied Order Denying Plaintiffs' Supplement to Motion to Compel
  119. Order Denied Order Denying Plaintiffs' Supplement to Motion to Compel (DUPLICATE)
  120. Deputy Reporter Statement
  121. Notice of Hearing Notice Of Hearing
  122. CANCELED Pre-trial Conference (9:30 AM) (Judicial Officer Nowak, Christine) Per Judge
  123. CANCELED Bench Trial (9:30 AM) (Judicial Officer Nowak, Christine) Per Judge
  124. Supplemental Plaintiffs' Supplemental Arguments and Authorities in Support of Response to Defendants' Traditional and No Evidence Motion for Summary Judgment
  125. Supplemental Plaintiffs' Supplement to Summary Judgment Evidence Contained in Their Response to Defendants' Traditional and No- Evidence Motion for Summary Judgment
  126. Exhibit Exhibits to Plaintiffs' Supplement to Summary Judgment Evidence Contained in Their Response to Defendants' Traditional and No-Evidence Motion for Summary Judgment Filed Under Seal
  127. Motion for Summary Judgment (1:15 PM) (Judicial Officer Nowak, Christine)
  128. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Motion for Leave
  129. Response Defendants' Response to Plaintiffs' Motion for Leave to File First Amended Petition
  130. Judge's Docket Entry Case called for hearing on (1) Plaintiff's Motion for Leave to File First Amended Petition, and (2) Defendant's Traditional and No-Evidence Motion for Summary Judgment. Appearances stated. Court hears argument on Motion for Leave; denies Motion and finds prior petition remains live pleading. Court hears argument on MSJ; takes motion under advisement and will endeavor to provide ruling on or before COB 7/10.
  131. Order Denied Order Denying Plaintiffs' Motion for Leave to File First Amended Petition
  132. Motion Unopposed Motion for Additional Trial Time
  133. Amended Plaintiffs' Amended Witness List
  134. Exhibit List Plaintiffs' Amended Exhibit List
  135. Notice Notice of Filing Affidavit
  136. Notice Notice of Filing Affidavit Part 3 of 4
  137. Notice Notice of Filing Affidavit Part 4 of 4
  138. Notice Notice of Filing Affidavit Part 1 of 4
  139. Notice Notice of Filing Affidavit Part 2 of 4
  140. Motion Defendants' Pretrial Motion to Exclude Evidence
  141. Plaintiff's Plaintiff's Deposition Designations
  142. Notice of Hearing
  143. Affidavit of Business Records Business Records Affidavit - Christopher McLain
  144. Affidavit of Business Records Business Records Affidavit - Roger Gault
  145. Designation of Defendants' Designation of Deposition Excerpts
  146. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Printice Gary June 25, 2024
  147. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Printice Gary June 25, 2024
  148. Amended Amended Notice of Hearing
  149. Amended Plaintiffs' Second Amended Witness List
  150. Amended Plaintiffs' Second Amended Exhibit List
  151. CANCELED Pre-trial Conference (3:00 PM) (Judicial Officer Nowak, Christine) Reset
  152. CANCELED Motion Hearing (9:00 AM) (Judicial Officer Nowak, Christine) Per Judge Motion to Exclude Evidence
  153. CANCELED Motion Hearing (3:00 PM) (Judicial Officer Nowak, Christine) Reset
  154. Objection Defendants' Objections to Plaintiffs' Deposition Designations
  155. Objection Plaintiffs' Objections to Defendants' Deposition Designations
  156. Motion Defendants' Second Pretrial Motion to Exclude Evidence - Untimely Pretrial Disclosures
  157. Judge's Docket Entry Upon review and consideration of all applicable pleadings/filings, and counsel's arguments at hearing, the Court grants in part, and denies in part Defendant's MSJ. Count 1- Request for Declaratory Relief: (a) grant MSJ, (b) grant MSJ, (c) deny MSJ; Count 2 - BOK: (a) deny MSJ, (b) deny MSJ, (c) grant MSJ as to failing to sell property for its FMV, grant MSJ as to engaging in Salt River capital refinance, deny MSJ as to entering into agreements with entities owned/controlled by Individual Defendants; (d) grant MSJ, (e) deny MSJ, (f) grant MSJ; Count 3 BOFD: grant MSJ; Count 4 Civil Conspiracy: grant MSJ; Count 5 Aiding and Abetting: grant MSJ.
  158. Notice of Hearing
  159. Response Plaintiffs' Response to Defendants' Pretrial Motion to Exclude
  160. Pre Trial (1:30 PM) (Judicial Officer Nowak, Christine)
  161. Motion Hearing (1:30 PM) (Judicial Officer Nowak, Christine)
  162. Judge's Docket Entry Case called for pretrial. Appearances stated. Discussion regarding ruling on summary judgment; disagreement regarding form of order; court prepared order, signed same, and sent to clerk's office for docketing. Court rules on motion for additional trial time; trial will last 3 days - 9.5/hrs. side; trial will proceed on 8/12 - parties to be set up ready to go at 8:00AM. Order signed. Argument on Defendants' Pretrial Motion to Exclude Evidence: (1) court requests additional briefing on disclosure of damages - taken under advisement, (2) court denies motion as to parol evidence, (3) court denies motion as to experts as untimely (see DCO), (4) court grants and expressly finds parties are confined to their live pleadings (original petition/original answer). Order signed. Plaintiff withdraws Second Amended Witness List; live witness list is Plaintiff's Amended Witness List. Court hears argument related to Plaintiff's Second Amended Exhibit List; new exhibits on Second Amended Exhibit List stricken.
  163. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Neal Hildebrandt June 14, 2024 Volume II
  164. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Jeffrey D. Fulenchek June 24, 2024 Volume 11
  165. Order Granted Order Granting in Part and Denying in Part Defendants' Pretrial Motion to Exclude Evidence
  166. Order Granted Order Granting In Part and Denying in Part Plaintiffs' Unopposed Motion for Additional Trial Time
  167. Mailed Judgment Letters
  168. Amended Defendants' Amended Objections to Plaintiffs' Deposition Designations
  169. Objection Defendants' Objections to Plaintiffs' Trial Exhibits
  170. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Roger Gault May 9, 2024
  171. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Christopher McLain May 8, 2024
  172. Supplemental Defendants' Supplemental Briefing on Defendants' Motion to Exclude Evidence of Damages
  173. Supplemental Plaintiffs' Supplemental Brief Regarding Defendants' Motion to Exclude Evidence as to Damages
  174. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Kelsey Lanier March 12, 2024
  175. Response Plaintiffs' Reply to Defendants' Supplemental Briefing on Defendants' Motion to Exclude Evidence
  176. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Stanley Graff March 4, 2024
  177. Response Defendants' Reply Briefing on Defendants' Motion to Exclude Evidence of Damages
  178. CANCELED Trial Before the Court (9:00 AM) (Judicial Officer Nowak, Christine) Per Judge
  179. Trial Before the Court (8:00 AM) (Judicial Officer Nowak, Christine)
  180. Motion for Continuance Defendants' Verified Emergency Motion for Continuance of Trial Setting
  181. Judge's Docket Entry Following consideration, Motion for Continuance is GRANTED. Trial is reset for August 27; 2.5 days allocated (trial time reduced to accomodate 2.5 day setting).
  182. Correspondence Sent by Court Re: Trial Before the Court Reset Notice
  183. Letter RE: Dallas Court of Appeals
  184. Response Defendants' Response to 'Additional Caselaw' Submitted by Plaintiffs
  185. Subpoena Return - Not DC Issued Trial Subpoena - Roger Gault
  186. Pre Trial (1:15 PM) (Judicial Officer Nowak, Christine)
  187. Judge's Docket Entry Further Pretrial conference held. As agreed in connection with continuance, trial time reduced - Parties limited to 8 hours per side (no more than 2.5 days). Trial to proceed 8/27 9:15AM-5PM; 8/28 9:15AM-5:30PM; 8/29 1:00PM-5:00PM. Court renders ruling re: "Objection #1 - Evidence of Damages"; Court considers objections to Plaintiffs' Exhibits. Notwithstanding consideration of objections, Parties must still use and thereafter admit exhibits at trial.
  188. Order Granted Further Order on Defendants' Pretrial Motion to Exclude Evidence
  189. Order Granted Order on Defendants' Objections to Plaintiffs' Trial Exhibits
  190. Trial Before the Court (9:15 AM) (Judicial Officer Nowak, Christine)
  191. Judge's Docket Entry Bench Trial Day #1. Appearances stated. Plaintiffs waive open; Defendants present open. Plaintiff calls witness #1 (J. Fulenchek - Ex. Admitted P77, 32, 37, 40, 43, 68, 72, 212, 86, 199B, 123, 124, 128, 163, 110, 115, 81, 153, 66, 122; D13, 66, 4, 46, 68, 152, 153, 154, 155, 156, 20, 29, 42, 142); witness #2 (N. Hildebrandt - Ex. Admitted P250, 269, 267, 257, 120, 301, 149, 268, 265, 125, 266, 277, 280; D62). Court in recess.
  192. Exhibit Day One - Admitted Trial Exhibits
  193. Judge's Docket Entry Bench Trial Day #2. Appearances stated. Plaintiff witness #2 cont. (N. Hildebrandt - Ex. Admitted P234); Plaintiff witness #3 (R. Gault - Ex. Admitted P94; D95, 137, 138, 124, 147, 149, 151, 78). Court in recess for lunch. Reconvene. Plaintiff witness #4(P. Gary - Ex. Admitted P84, 80, 81, 107, 155, 311 (only pgs shown to witness) 312 (only pgs shown to witness) 313 (only pgs shown to witness); D8). Court in recess.
  194. Judge's Docket Entry Bench Trial Day #3. Appearances stated. Plaintiff witness #5 (S. Graff - Ex. Admitted P42, 54; D158, 1, 111). Plaintiffs rest. Defendants witness #1 (C. McLain via video depo - Ex. Admitted D 105, 106, 109, 111); witness #2 (H. Gary - Ex. Admitted D43). Defendants rest. Plaintiffs close. Defendants close. Closing arguments presented. Rulings rendered on all issues but attorney fees. MTE set.
  195. Exhibit List Day One & Two - Admitted Trial Exhibits
  196. Subpoena Return - Not DC Issued Return of Service - Subpoena - R. Gault
  197. Exhibit Day One & Two - Admitted Trial Exhibits
  198. Exhibit Day One, Two, and Three - Admitted Trial Exhibits
  199. Brief Defendants' Brief in Support of Attorney's Fees Submission
  200. Brief Plaintiffs' Brief in Opposition to Defendants' Attorneys' Fees Submission
  201. Supplemental Supplemental Affidavit of Ryan D. Marrone
  202. Motion to Enter (1:15 PM) (Judicial Officer Nowak, Christine) Motion to Enter Dismissal Documents
  203. Response Defendants' Reply in Support of Attorney's Fees Submission
  204. Objection Plaintiffs' Opposition to Supplemental Affidavit of Ryan D. Marrone Filed on October 2, 2024
  205. Notice of Hearing Notice of Telephonic Conference
  206. Notice of Hearing Amended Notice of Telephonic Conference
  207. Status (12:00 PM) (Judicial Officer Nowak, Christine) Via Conference Call
  208. Judge's Docket Entry The Court grants in part and denies in part Defendants request for fees/costs. Court finds Defendants entitled are entitled to recover from Plaintiffs reasonable and necessary attorneys fees under the TDJA in the amount of $242,099.50 in fees at the trial court, $11,506.75 in costs; $10,000 at 5th Court if successful on appeal, and $10,000 at SCoTX if full briefing requested. Parties directed to provide Court either (1) an agreed proposed Final Judgment signed by counsel for both parties as to form via efile OR (2) a word version of the parties' redlined proposed Final Judgment via email to the court coordinator -- by COB 1/6 .
  209. Status - No Appearance Required (10:30 AM) (Judicial Officer Nowak, Christine) Final judgment to be submitted
  210. Mailed Judgment Letters
  211. Request for Findings of Fact and Conclusions of Law Request for Findings of Fact and Conclusions of Law
  212. Status - No Appearance Required (10:30 AM) (Judicial Officer Nowak, Christine)
  213. Notice Notice of Past Due Findings of Fact and Conclusions of Law
  214. Appeals - Notice Of Appeal 15-25-00055-CV - Notice of Appeal
  215. Motion Plaintiffs' Unopposed Motion to Set Hearing for the Court to Sign Findings of Fact and Conclusions of Law.
  216. Findings of Fact and Conclusions of Law
  217. Appeals - Correspondence
  218. Appeals - Req for Reporter's Record Request for Reporter's Record
  219. Appeals - Request for Clerk's Record Request for Clerk's Record
  220. Appeals - Filed NOA with the COA and emailed to Court Reporter
  221. Appeals - Correspondence Sent Request for Reporter's Record to Court Reporter
  222. Appeals - Correspondence Sent Cost for Record to Appellant Attorney
  223. Request for Findings of Fact and Conclusions of Law Plaintiffs' Request for Additional and Amended Findings of Fact and Conclusions of Law
  224. Appeals - Correspondence Appeal Transferred to 15th COA
  225. Exhibit Exhibit A - Email Notification of Service of Findings of Fact and Conclusions of Law
  226. Appeals - Request for Clerk's Record Request for Supplemental Clerk's Record
  227. Appeals - Correspondence Transfer in from 15 COA
  228. Appeals - Correspondence Sent Cost for Supplemental Clerk's Record to Appellant Attorney
  229. Appeals - Correspondence COA Letter of Nonpayment filed with 5th COA and sent to Appellant Attorney
  230. Appeals - Correspondence
  231. Appeals - Clerk's Record Paid $
  232. Appeals - Clerk's Record Paid $ Supplemental
  233. Appeals- Clerk's Record
  234. Appeals- Clerk's Record Supplemental
  235. Appeals - Correspondence
  236. Appeals - Correspondence
  237. Appeals - Correspondence

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