Preview
9/28/2022 1:48 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 68700348
2022-62922 / Court: 334 Fle: eratiaa 148 PM
CAUSE NO.
ROSS DRESS FOR LESS, INC., § IN THE DISTRICT COURT OF p y
§
Plaintiff, § GF
§
v. § HARRIS COUNTY. TEXAS N
§
MLDEVLP, §
: §
Defendant. § JUDICIAL DISTRICT
§
PETITION TO ENFORCE FOREIGN JUDGMENT PURSUANT TO
UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT
Plaintiff Ross Dress for Less, Inc. (“Ross”) files this petition to domesticate and enforce a
foreign judgment in accordance with Chapter 35 of the Texas Civil Practice and Remedies Code,
titled Uniform Enforcement of Foreign Judgments Act, and respectfully states as follows:
1. On August 8, 2022, the United States District Court for the Southern District of
Texas, Houston Division entered a Final Judgment in Case No. 4:20-cv-00978 against Defendant
ML Dev LP, incorrectly named ML Development LP, in the amount of $925.640.05,' along with
pre- and post-judgment interest. An authenticated copy of that judgment is attached hereto, as
Exhibit A. See TEX. CIv. PRAC. & REM. CODE § 35.003.
2. ML Dev LP is a Texas limited partnership with its principal place of business in
Houston, Texas. The name and last known post office address of the judgment debtor is: ML
Dev LP, 2310 Baker Road, Houston, TX 77094. See Affidavit of Paul R. Genender attached as
Exhibit B, TEX. Crv. PRAC. & REM. CODE § 35 004(a).
} Specifically, the court ordered Defendant to pay $546,929.20 in damages. $348.988.75 in attomeys’ fees, and
$29,722.10 in costs.
OR’ REIGN \GMENT ~ Page 1 of 2
DUM !
XE CORDER'S MEMORANI
Fase of poor aelty
‘al the time of imaging3. Accordingly, and pursuant to Chapter 35 of the Texas Civil Practice and
Remedies Code, Ross respectfully requests that the authenticated copy of the foreign judgment
attached hereto as Exhibit A be filed and domesticated so that it may have the same force and
effect as if it were rendered in the State of Texas, and also requests that the Court grant it such
other and further relief, at law or in equity, to which it is justly entitled
DATED: September 28, 2022 Respectfully submitted,
/s/__ Paul R. Genender
Paul R. Genender
paul.genender@weil com
Texas State Bar No. 00790758
Texas Southern District Bar No 24576
Brittany Bunch
brittany. bunch@weil.com
State Bar No. 24084084
Megan Cloud
megan.cloud@weil.com
State Bar No. 24116207
WEIL, GOTSHAL & MANGES LLP
200 Crescent Court, Suite 300
Dallas, Texas 75201-7830
Telephone (214) 746-7700
Facsimile’ (214) 746-7777
ATTORNEYS FOR PLAINTIFF
ROSS DRESS FOR LESS, INC.
ION TQ EI ‘CE FOREIGN — Page 2 of 2Automated 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.
Sharron Morris on behalf of Paul Genender
Bar No. 790758
sharron.morris@weil.com
Envelope ID: 68700348
Status as of 9/28/2022 4:06 PM CST
Associated Case Party: Ross Dress for Less, Inc.
Name BarNumber = Email TimestampSubmitted Status
Sharron KMorris sharron.morris@weil.com 9/28/2022 1:48:01 PM =. SENT
Paul RGenender paul.genender@weil.com 9/28/2022 1:48:01PM SENT
MCO ECF mco.ecf@weil.com 9/28/2022 1:48:01PM SENT
SV Docketing SVDocketing@weil.com 9/28/2022 1:48:01 PM SENT
DA Docket DA.docket@weil.com 9/28/2022 1:48:01PM SENT
Megan Cloud megan.cloud@weil.com 9/28/2022 1:48:01 PM SENT
Brittany Bunch brittany.bunch@weil.com 9/28/2022 1:48:01 PM SENT2022-62922 / Court: 334
EXHIBIT ACase 4:20-ev-00978 Document 83 Filed on 08/05/22 in TXSD Page 1 of 1
United States District Court
Southern District of Texas
ENTERED
August 08, 2022
Nathan Ochsner, Clerk
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ROSS DRESS-FOR LESS, INC., §
§
Plaintiff, §
§ CIVIL ACTION NO.
v. §
§ 4:20-ev-00978
ML DEVELOPMENT LP, g
§
Defendant. §
Final Judgment
On July 12, 2022, the Court granted Ross Dress for Less Inc.’s (“Ross”) motion for entry
of final judgment, Docket Entry No. 73, and motion to yacate the Court’s award of attorneys’ fees
and costs to ML Development LP, Docket Entry No. 74. The Court further granted in part and
denied in part Ross’s motion for attorneys" foes and costs, Docket Entry No. 72.
‘The Court orders that ML Development pay Ross $546,929.20 in damages, plus pre- and
post- judgment interest. The Court further awards Ross $348,988.75 in attomeys’ fees and
$29,722.10 in costs.
This is a final judgment.
SIGNED on August 5, 2022, at Houston, Texas.
LW Cwdeo~
Lee H. Rosenthal i
Chief United States District Judge 52022-62922 / Court: 334
EXHIBIT BCAUSE NO.
ROSS DRESS FOR LESS, INC., 5 IN THE DISTRICT COURT OF
Plaintiff, :
¥. ; HARRIS COUNTY, TEXAS
ML DEVELOPMENT LP, :
Defendant. ___ JUDICIAL DISTRICT
AFFIDAVIT OF PAUL R. GENENDER
Before me the undersigned authority, personally appeared Paul R. Gienender known to
mie to be the person whose name is subscribed below and, after being duly swom, stated upon bis
oath as follows:
h My name is Paul R. Genender. I am over twenty-one (21) years of age and have:
never been convicted.uf a felony or a crime of moral turpitude. Tam of sound mind and perfectly
competent in all respects to make this. Affidavit. I am an atlorney with the law firm of Weil,
Gotshal & Manges LLP. and an attorney of record for Plaintiff Ross Dress for Less, Inc. (“Ross”)
in this proceeding.
2. The name arid last known post office address of the judgment creditor is: Ross
Dress for Less, Inc., 5130 Hacienda Drive, Dublin, CA 94568,
3. ‘The name and last known post office address of the judgment debtor is: ML Dev,
LP, 2310 Baker Road, Houston, TX 77094.
4. ‘The name and last known post office address of the judgment debtor’s attomey is:
Misty Hataway- Coné, 1005. Heights Blvd,, Houston, Texas 77008.
AFFIDAVIT OF PAUL R, GENENDEK ~ Page 1 of 2
|
|‘FURTHER AFFIANT SAYETH NOT.
2 4 ——
4 a Se oe
oy
:
ul R. G der
SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned Notary Public, on
this the 23. day of September 2022.
\f
Le
Public in and for the State of Texas
lolairy
My Commissjon Expires:
[rele 2022
AFFIDAVIT OF PAUL R. GENENDER — Page 2 of 2
|
:
Preview
9/28/2022 1:48 PM Marilyn Burgess - District Clerk Harris County Envelope No. 68700348 2022-62922 / Court: 334 Fle: eratiaa 148 PM CAUSE NO. ROSS DRESS FOR LESS, INC., § IN THE DISTRICT COURT OF p y § Plaintiff, § GF § v. § HARRIS COUNTY. TEXAS N § MLDEVLP, § : § Defendant. § JUDICIAL DISTRICT § PETITION TO ENFORCE FOREIGN JUDGMENT PURSUANT TO UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT Plaintiff Ross Dress for Less, Inc. (“Ross”) files this petition to domesticate and enforce a foreign judgment in accordance with Chapter 35 of the Texas Civil Practice and Remedies Code, titled Uniform Enforcement of Foreign Judgments Act, and respectfully states as follows: 1. On August 8, 2022, the United States District Court for the Southern District of Texas, Houston Division entered a Final Judgment in Case No. 4:20-cv-00978 against Defendant ML Dev LP, incorrectly named ML Development LP, in the amount of $925.640.05,' along with pre- and post-judgment interest. An authenticated copy of that judgment is attached hereto, as Exhibit A. See TEX. CIv. PRAC. & REM. CODE § 35.003. 2. ML Dev LP is a Texas limited partnership with its principal place of business in Houston, Texas. The name and last known post office address of the judgment debtor is: ML Dev LP, 2310 Baker Road, Houston, TX 77094. See Affidavit of Paul R. Genender attached as Exhibit B, TEX. Crv. PRAC. & REM. CODE § 35 004(a). } Specifically, the court ordered Defendant to pay $546,929.20 in damages. $348.988.75 in attomeys’ fees, and $29,722.10 in costs. OR’ REIGN \GMENT ~ Page 1 of 2 DUM ! XE CORDER'S MEMORANI Fase of poor aelty ‘al the time of imaging3. Accordingly, and pursuant to Chapter 35 of the Texas Civil Practice and Remedies Code, Ross respectfully requests that the authenticated copy of the foreign judgment attached hereto as Exhibit A be filed and domesticated so that it may have the same force and effect as if it were rendered in the State of Texas, and also requests that the Court grant it such other and further relief, at law or in equity, to which it is justly entitled DATED: September 28, 2022 Respectfully submitted, /s/__ Paul R. Genender Paul R. Genender paul.genender@weil com Texas State Bar No. 00790758 Texas Southern District Bar No 24576 Brittany Bunch brittany. bunch@weil.com State Bar No. 24084084 Megan Cloud megan.cloud@weil.com State Bar No. 24116207 WEIL, GOTSHAL & MANGES LLP 200 Crescent Court, Suite 300 Dallas, Texas 75201-7830 Telephone (214) 746-7700 Facsimile’ (214) 746-7777 ATTORNEYS FOR PLAINTIFF ROSS DRESS FOR LESS, INC. ION TQ EI ‘CE FOREIGN — Page 2 of 2Automated 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. Sharron Morris on behalf of Paul Genender Bar No. 790758 sharron.morris@weil.com Envelope ID: 68700348 Status as of 9/28/2022 4:06 PM CST Associated Case Party: Ross Dress for Less, Inc. Name BarNumber = Email TimestampSubmitted Status Sharron KMorris sharron.morris@weil.com 9/28/2022 1:48:01 PM =. SENT Paul RGenender paul.genender@weil.com 9/28/2022 1:48:01PM SENT MCO ECF mco.ecf@weil.com 9/28/2022 1:48:01PM SENT SV Docketing SVDocketing@weil.com 9/28/2022 1:48:01 PM SENT DA Docket DA.docket@weil.com 9/28/2022 1:48:01PM SENT Megan Cloud megan.cloud@weil.com 9/28/2022 1:48:01 PM SENT Brittany Bunch brittany.bunch@weil.com 9/28/2022 1:48:01 PM SENT2022-62922 / Court: 334 EXHIBIT ACase 4:20-ev-00978 Document 83 Filed on 08/05/22 in TXSD Page 1 of 1 United States District Court Southern District of Texas ENTERED August 08, 2022 Nathan Ochsner, Clerk IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ROSS DRESS-FOR LESS, INC., § § Plaintiff, § § CIVIL ACTION NO. v. § § 4:20-ev-00978 ML DEVELOPMENT LP, g § Defendant. § Final Judgment On July 12, 2022, the Court granted Ross Dress for Less Inc.’s (“Ross”) motion for entry of final judgment, Docket Entry No. 73, and motion to yacate the Court’s award of attorneys’ fees and costs to ML Development LP, Docket Entry No. 74. The Court further granted in part and denied in part Ross’s motion for attorneys" foes and costs, Docket Entry No. 72. ‘The Court orders that ML Development pay Ross $546,929.20 in damages, plus pre- and post- judgment interest. The Court further awards Ross $348,988.75 in attomeys’ fees and $29,722.10 in costs. This is a final judgment. SIGNED on August 5, 2022, at Houston, Texas. LW Cwdeo~ Lee H. Rosenthal i Chief United States District Judge 52022-62922 / Court: 334 EXHIBIT BCAUSE NO. ROSS DRESS FOR LESS, INC., 5 IN THE DISTRICT COURT OF Plaintiff, : ¥. ; HARRIS COUNTY, TEXAS ML DEVELOPMENT LP, : Defendant. ___ JUDICIAL DISTRICT AFFIDAVIT OF PAUL R. GENENDER Before me the undersigned authority, personally appeared Paul R. Gienender known to mie to be the person whose name is subscribed below and, after being duly swom, stated upon bis oath as follows: h My name is Paul R. Genender. I am over twenty-one (21) years of age and have: never been convicted.uf a felony or a crime of moral turpitude. Tam of sound mind and perfectly competent in all respects to make this. Affidavit. I am an atlorney with the law firm of Weil, Gotshal & Manges LLP. and an attorney of record for Plaintiff Ross Dress for Less, Inc. (“Ross”) in this proceeding. 2. The name arid last known post office address of the judgment creditor is: Ross Dress for Less, Inc., 5130 Hacienda Drive, Dublin, CA 94568, 3. ‘The name and last known post office address of the judgment debtor is: ML Dev, LP, 2310 Baker Road, Houston, TX 77094. 4. ‘The name and last known post office address of the judgment debtor’s attomey is: Misty Hataway- Coné, 1005. Heights Blvd,, Houston, Texas 77008. AFFIDAVIT OF PAUL R, GENENDEK ~ Page 1 of 2 | |‘FURTHER AFFIANT SAYETH NOT. 2 4 —— 4 a Se oe oy : ul R. G der SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned Notary Public, on this the 23. day of September 2022. \f Le Public in and for the State of Texas lolairy My Commissjon Expires: [rele 2022 AFFIDAVIT OF PAUL R. GENENDER — Page 2 of 2 | :