Preview
FILED
5/12/2022 5:31 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
Cause N0. DC-21-18466
K30, LLC and 2000 GROUP REALTY, LLC
Plaintiffs
v.
CORNERSTONE STEEL CORPORATION,
LLC. AND LOCKHART DIPAOLO, JR
Defendants.
IN THE DISTRICT COURT OF 193m Judicial District Dallas County, Texas
Response
DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION TO 1
TAKE JUDICIAL NOTICE
Cause N0. DC-21-18466
K30, LLC and 2000 GROUP REALTY, LLC
Plaintiffs
V.
CORNERSTONE STEEL CORPORATION,
LLC. AND LOCKHART DIPAOLO, JR
Defendants.
IN THE DISTRICT COURT OF 193m Judicial District Dallas County, Texas
DEFENDANTS’ RESPONSE To PLAINTIFFS’ MOTION TO TAKE JUDICIAL
1. The Plaintiffs’ claim under Number 2, on page 1, that “Defendant DiPaolo signed the Claim
of Lien on behalf of Defendant Cornerstone. The recorded Claim of Lien contains
statements which are inaccurate (at best) and which Defendants knew to be false and
intended the results obtained (at worse), all due to Defendants’ discontentment with not being
chosen for the development and construction project of Plaintiff K30.” Exhibit O The
Defendants have shown numerous times that, the Claim of Lien states that the lien is for
“Construction Consultation and Project Design Services” and not for “discontentment.”
Exhibit G and Exhibit N. The Defendants have provided the true email correspondence
between the Plaintiffs and the Defendants, which clearly demonstrates that the Defendants’
were used to consult on the Plaintiffs’ project. Exhibit B
Plaintiffs’ claim under Number 3, on page 2, that “Due to several defects in Defendants’ Lien
against 1313 W. College, on April 7, 2022, Plaintiffs filed a Summary Motion to Remove
Invalid Lien and Brief in Support Therefore (the “Summary Motion to Remove”) pursuant to
Texas Property Code 53. 160.” Exhibit H Assuming the Plaintiffs’ claims that the
DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION TO 2
TAKE JUDICIAL NOTICE
Defendants’ lien was defective, then the Plaintiffs would have never filed for a Continuance
on February 9, 2022 upon receiving the Defendants’ Response (Exhibit G) as the Plaintiffs
have claimed in Exhibit H that they had six months to prepare for the February 10, 2022
Hearing. In the “Plaintiffs’ Motion to Strike” the Plaintiffs are trying to remove Defendant
Cornerstone from the lawsuit as they claim that Defendant Cornerstone is a limited liability
company and that Defendant Cornerstone being a corporation has to be represented by a
licensed attorney; however, the “Defendants’ Response to the Plaintiffs’ Original Petition”
(Exhibit G) the Defendants were not represented by a licensed attorney, and as the
Defendants pointed out in the “Motion to Strike” Exhibit M.
3. Plaintiffs’ claim under Number 4, on page 2, that “Among the many deficiencies with
Defendants’ Lien are that it lists the incorrect owner of the property to which Defendants
filed a lien against, and Defendants’ description is for the incorrect property.” Exhibit O
The Defendants have shown and proven multiple times that Plaintiff Grommesh is ultimately
the real and proper owner of the property known as 1313 W. College, which the Plaintiffs’
claim that is owned by 2000 Group Realty, LLC (2GR), as Plaintiff Grommesh is the owner
and manager of 2GR. Exhibit G and Exhibit N If, the Plaintiffs were operating in good
faith while communicating with Defendants, then the Plaintiffs would have notified the
Defendants that K30, LLC, was the actual owner of the property where the construction
would be taking place. The Plaintiffs notified the Defendants in that the proper address was
1401 W. College, which is why the Defendants changed the address on the property;
however, the Defendants assumed that ownership for both addresses was owned by Plaintiff
Grommesh. Exhibit C The Defendants never heard of K30, LLC or 2GR prior to the
Plaintiffs filing suit. Exhibit G The City of Carrollton’s Building Department website even
DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION TO 3
TAKE JUDICIAL NOTICE
shows that 1401 W. College as being owned by 2GR, and lists 2000 Industries in the
“Description of Work.” Exhibit J The Plaintiffs argue that the Defendants filed the lien
against the wrong property and property owner; however, one can only assume that the
Plaintiffs have so many corporations that not even the Plaintiffs can’t keep these companies
straight; for example, the City of Carrollton identifying 2GR as the property owner of 1401
W. College. Exhibit J And, as the Plaintiffs’ argued in “Plaintiffs’ Summary Motion”
(Exhibit H) that there is no overlap; however, in the “Defendants’ Response” (Exhibit N),
the Defendants have proven that to be false, as the Plaintiffs contradicted themselves in
“Plaintiffs’ Summary Motion.” Exhibit H
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendants Cornerstone Steel Corporation,
LLC and Lockhart DiPaolo, Jr respectfully pray that the Court deny the Plaintiffs’ Motion to take
Judicial Notice, as the Defendants have demonstrated that the Plaintiffs were operating in bad
faith and that the Defendants were employed as “consultants” for the Plaintiffs.
Dated: May 12, 2022
Respectfully submitted,
Lockhart L. DiPaolo, Jr
Cornerstone Steel Corporation, LLC
By:/s/ Lockhart L. DiPaolo, Jr
1020 Golden Leaf Drive
Moore, Oklahoma 73160
405 -465-03 1 3
Email: lockhart@cornerstonesteel.com
DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION TO 4
TAKE JUDICIAL NOTICE
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: 64467285
Status as of 5/13/2022 9:24 AM CST
Associated Case Party: K30, LLC
Name BarNumber Email TimestampSubmitted Status
Brian Shields bshields@shieldslegal.com 5/12/2022 5:31 :07 PM SENT
David Shields dshields@shieldslegal.com 5/12/2022 5:31:07 PM SENT
Eileen E.Costello ecostello@shieldslegal.com 5/12/2022 5:31:07 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Lockhart DiPaolo Lockhart@cornerstonesteel.com 5/12/2022 5:31:07 PM SENT
Associated Case Party: LOCKHART DIPAOLO
Name BarNumber Email TimestampSubmitted Status
Lockhart DiPaolo Lockhart@cornerstonesteel.com 5/12/2022 5:31:07 PM SENT
Preview
FILED 5/12/2022 5:31 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY Cause N0. DC-21-18466 K30, LLC and 2000 GROUP REALTY, LLC Plaintiffs v. CORNERSTONE STEEL CORPORATION, LLC. AND LOCKHART DIPAOLO, JR Defendants. IN THE DISTRICT COURT OF 193m Judicial District Dallas County, Texas Response DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION TO 1 TAKE JUDICIAL NOTICE Cause N0. DC-21-18466 K30, LLC and 2000 GROUP REALTY, LLC Plaintiffs V. CORNERSTONE STEEL CORPORATION, LLC. AND LOCKHART DIPAOLO, JR Defendants. IN THE DISTRICT COURT OF 193m Judicial District Dallas County, Texas DEFENDANTS’ RESPONSE To PLAINTIFFS’ MOTION TO TAKE JUDICIAL 1. The Plaintiffs’ claim under Number 2, on page 1, that “Defendant DiPaolo signed the Claim of Lien on behalf of Defendant Cornerstone. The recorded Claim of Lien contains statements which are inaccurate (at best) and which Defendants knew to be false and intended the results obtained (at worse), all due to Defendants’ discontentment with not being chosen for the development and construction project of Plaintiff K30.” Exhibit O The Defendants have shown numerous times that, the Claim of Lien states that the lien is for “Construction Consultation and Project Design Services” and not for “discontentment.” Exhibit G and Exhibit N. The Defendants have provided the true email correspondence between the Plaintiffs and the Defendants, which clearly demonstrates that the Defendants’ were used to consult on the Plaintiffs’ project. Exhibit B Plaintiffs’ claim under Number 3, on page 2, that “Due to several defects in Defendants’ Lien against 1313 W. College, on April 7, 2022, Plaintiffs filed a Summary Motion to Remove Invalid Lien and Brief in Support Therefore (the “Summary Motion to Remove”) pursuant to Texas Property Code 53. 160.” Exhibit H Assuming the Plaintiffs’ claims that the DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION TO 2 TAKE JUDICIAL NOTICE Defendants’ lien was defective, then the Plaintiffs would have never filed for a Continuance on February 9, 2022 upon receiving the Defendants’ Response (Exhibit G) as the Plaintiffs have claimed in Exhibit H that they had six months to prepare for the February 10, 2022 Hearing. In the “Plaintiffs’ Motion to Strike” the Plaintiffs are trying to remove Defendant Cornerstone from the lawsuit as they claim that Defendant Cornerstone is a limited liability company and that Defendant Cornerstone being a corporation has to be represented by a licensed attorney; however, the “Defendants’ Response to the Plaintiffs’ Original Petition” (Exhibit G) the Defendants were not represented by a licensed attorney, and as the Defendants pointed out in the “Motion to Strike” Exhibit M. 3. Plaintiffs’ claim under Number 4, on page 2, that “Among the many deficiencies with Defendants’ Lien are that it lists the incorrect owner of the property to which Defendants filed a lien against, and Defendants’ description is for the incorrect property.” Exhibit O The Defendants have shown and proven multiple times that Plaintiff Grommesh is ultimately the real and proper owner of the property known as 1313 W. College, which the Plaintiffs’ claim that is owned by 2000 Group Realty, LLC (2GR), as Plaintiff Grommesh is the owner and manager of 2GR. Exhibit G and Exhibit N If, the Plaintiffs were operating in good faith while communicating with Defendants, then the Plaintiffs would have notified the Defendants that K30, LLC, was the actual owner of the property where the construction would be taking place. The Plaintiffs notified the Defendants in that the proper address was 1401 W. College, which is why the Defendants changed the address on the property; however, the Defendants assumed that ownership for both addresses was owned by Plaintiff Grommesh. Exhibit C The Defendants never heard of K30, LLC or 2GR prior to the Plaintiffs filing suit. Exhibit G The City of Carrollton’s Building Department website even DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION TO 3 TAKE JUDICIAL NOTICE shows that 1401 W. College as being owned by 2GR, and lists 2000 Industries in the “Description of Work.” Exhibit J The Plaintiffs argue that the Defendants filed the lien against the wrong property and property owner; however, one can only assume that the Plaintiffs have so many corporations that not even the Plaintiffs can’t keep these companies straight; for example, the City of Carrollton identifying 2GR as the property owner of 1401 W. College. Exhibit J And, as the Plaintiffs’ argued in “Plaintiffs’ Summary Motion” (Exhibit H) that there is no overlap; however, in the “Defendants’ Response” (Exhibit N), the Defendants have proven that to be false, as the Plaintiffs contradicted themselves in “Plaintiffs’ Summary Motion.” Exhibit H PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants Cornerstone Steel Corporation, LLC and Lockhart DiPaolo, Jr respectfully pray that the Court deny the Plaintiffs’ Motion to take Judicial Notice, as the Defendants have demonstrated that the Plaintiffs were operating in bad faith and that the Defendants were employed as “consultants” for the Plaintiffs. Dated: May 12, 2022 Respectfully submitted, Lockhart L. DiPaolo, Jr Cornerstone Steel Corporation, LLC By:/s/ Lockhart L. DiPaolo, Jr 1020 Golden Leaf Drive Moore, Oklahoma 73160 405 -465-03 1 3 Email: lockhart@cornerstonesteel.com DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION TO 4 TAKE JUDICIAL NOTICE 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: 64467285 Status as of 5/13/2022 9:24 AM CST Associated Case Party: K30, LLC Name BarNumber Email TimestampSubmitted Status Brian Shields bshields@shieldslegal.com 5/12/2022 5:31 :07 PM SENT David Shields dshields@shieldslegal.com 5/12/2022 5:31:07 PM SENT Eileen E.Costello ecostello@shieldslegal.com 5/12/2022 5:31:07 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Lockhart DiPaolo Lockhart@cornerstonesteel.com 5/12/2022 5:31:07 PM SENT Associated Case Party: LOCKHART DIPAOLO Name BarNumber Email TimestampSubmitted Status Lockhart DiPaolo Lockhart@cornerstonesteel.com 5/12/2022 5:31:07 PM SENT