On June 13, 2022 a
Motion-Secondary
was filed
involving a dispute between
L&S Rental Property, Llc,,
and
Ih30 Northwest Gmd, Ltd.,
for OTHER (CIVIL)
in the District Court of Dallas County.
Preview
FILED
4/20/2023 1:01 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Loaidi Grove DEPUTY
CAUSE NO. DC-22-06436
L&S RENTAL PROPERTY, LLC, IN THE DISTRICT COURT OF
§§§§§§§§§
Plaintzffi
V. DALLAS COUNTY, TEXAS
I30 NORTHWEST GMD, LTD.,
Defendant. 101 st JUDICIAL DISTRICT
PLAINTIFF’S BRIEF IN SUPPORT OF MOTION TO STRIKE
NOW COMES Plaintiff L&S Rental Property, LLC (“Plaintiff”) and files this Plaintiffs
Brief in Support of Motion to Strike and would Show the Court as follows:
1. The Motion to Strike that has now been filed was believed at the time of the last
hearing to have been filed. Through a miscommunication within my office, it had not been filed
and Plaintiff apologizes for any confusion. Nonetheless, it has now been filed, and Defendant’s
Brief in Response to the Motion to Strike (“Response”) purports to respond to that motion.
2. However, there is in the Response that responds to the substance of the
Motion to Strike, and therefore, the Court should grant the Motion to Strike. Instead, the
Defendant’s Response is a rehash of previously-made arguments on, and an attempt to raise new
arguments relating to the Motions for Summary Judgment. That Response should not be
considered by the Court, and should be stricken, as it has nothing to do with the Motion to Strike,
and the briefing was complete and oral argument was complete on the Motions for Summary
Judgment.
3. If the Court were going to consider the Response, then we request notice from the
Court that the Court is considering the Response and we request an opportunity to respond.
PLAINTIFF’S BRIEF IN SUPPORT OF MOTION TO STRIKE 1
However, the Court should not consider the Response since it comes after briefing was complete
and oral argument occurred with respect to the two pending motions for summary judgment.
Dated: April 20, 2023
Respectfully submitted,
MCKOOL SMITH, P.C.
By: /s/ Alan S. Loewz'nsohn
Alan S. Loewinsohn
State Bar No. 12481600
aloewinsohn@mckoolsmith.com
Kerry Schonwald
State Bar No. 24051301
kschonwald@mckoolsmith.com
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Tel (214) 978-4000
Fax (214) 978-4044
Daniel P. Winikka
State Bar No. 00794873
dan@danwinlaw.com
WINIKKA LAW PLLC
7522 Campbell Road, Suite 113, #419
Dallas, Texas 75248
Tel (469) 384-7710
Fax (469) 384-7709
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
This is to certify that on April 20, 2023, a true and correct copy of the foregoing document
was served on all counsel of record in accordance with the Texas Rules of Civil Procedure.
/s/ Alan S. Loewinsohn
Alan S. Loewinsohn
PLAINTIFF’S BRIEF IN SUPPORT OF MOTION TO STRIKE 2
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: 74854770
Filing Code Description: Brief Filed
Filing Description: IN SUPPORT TO MOTION TO STRIKE
Status as of 4/20/2023 3:27 PM CST
Associated Case Party: L&S RENTAL PROPERTY, LLC,
Name BarNumber Email TimestampSubmitted Status
Alan Loewinsohn aloewinsohn@mckoolsmith.com 4/20/2023 1:01 :17 PM SENT
Kerry Schonwald kschonwa|d@mckoolsmith.com 4/20/2023 1:01:17 PM SENT
Jennifer Barall jbarall@mckoolsmith.com 4/20/2023 1:01:17 PM SENT
Dan Winikka dan@danwinlaw.com 4/20/2023 1:01:17 PM SENT
Associated Case Party: lH30/NORTHWEST GMD, LTD.
Name BarNumber Email TimestampSubmitted Status
Richard David Pullman 16392000 rpul|man@kesslercollins.com 4/20/2023 1:01:17 PM SENT
DEBBIE E.MCCOY dem@kesslercollins.com 4/20/2023 1:01:17 PM SENT
Associated Case Party: ATC SEQUOIA LLC
Name BarNumber Email TimestampSubmitted Status
Robin McKinnon rmckinnon@bai|eybrauer.com 4/20/2023 1:01 :17 PM SENT
Jason Marlin jmarlin@baileybrauer.com 4/20/2023 1:01:17 PM SENT
Document Filed Date
April 20, 2023
Case Filing Date
June 13, 2022
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FILED 4/20/2023 1:01 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Loaidi Grove DEPUTY CAUSE NO. DC-22-06436 L&S RENTAL PROPERTY, LLC, IN THE DISTRICT COURT OF §§§§§§§§§ Plaintzffi V. DALLAS COUNTY, TEXAS I30 NORTHWEST GMD, LTD., Defendant. 101 st JUDICIAL DISTRICT PLAINTIFF’S BRIEF IN SUPPORT OF MOTION TO STRIKE NOW COMES Plaintiff L&S Rental Property, LLC (“Plaintiff”) and files this Plaintiffs Brief in Support of Motion to Strike and would Show the Court as follows: 1. The Motion to Strike that has now been filed was believed at the time of the last hearing to have been filed. Through a miscommunication within my office, it had not been filed and Plaintiff apologizes for any confusion. Nonetheless, it has now been filed, and Defendant’s Brief in Response to the Motion to Strike (“Response”) purports to respond to that motion. 2. However, there is in the Response that responds to the substance of the Motion to Strike, and therefore, the Court should grant the Motion to Strike. Instead, the Defendant’s Response is a rehash of previously-made arguments on, and an attempt to raise new arguments relating to the Motions for Summary Judgment. That Response should not be considered by the Court, and should be stricken, as it has nothing to do with the Motion to Strike, and the briefing was complete and oral argument was complete on the Motions for Summary Judgment. 3. If the Court were going to consider the Response, then we request notice from the Court that the Court is considering the Response and we request an opportunity to respond. PLAINTIFF’S BRIEF IN SUPPORT OF MOTION TO STRIKE 1 However, the Court should not consider the Response since it comes after briefing was complete and oral argument occurred with respect to the two pending motions for summary judgment. Dated: April 20, 2023 Respectfully submitted, MCKOOL SMITH, P.C. By: /s/ Alan S. Loewz'nsohn Alan S. Loewinsohn State Bar No. 12481600 aloewinsohn@mckoolsmith.com Kerry Schonwald State Bar No. 24051301 kschonwald@mckoolsmith.com 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Tel (214) 978-4000 Fax (214) 978-4044 Daniel P. Winikka State Bar No. 00794873 dan@danwinlaw.com WINIKKA LAW PLLC 7522 Campbell Road, Suite 113, #419 Dallas, Texas 75248 Tel (469) 384-7710 Fax (469) 384-7709 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE This is to certify that on April 20, 2023, a true and correct copy of the foregoing document was served on all counsel of record in accordance with the Texas Rules of Civil Procedure. /s/ Alan S. Loewinsohn Alan S. Loewinsohn PLAINTIFF’S BRIEF IN SUPPORT OF MOTION TO STRIKE 2 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: 74854770 Filing Code Description: Brief Filed Filing Description: IN SUPPORT TO MOTION TO STRIKE Status as of 4/20/2023 3:27 PM CST Associated Case Party: L&S RENTAL PROPERTY, LLC, Name BarNumber Email TimestampSubmitted Status Alan Loewinsohn aloewinsohn@mckoolsmith.com 4/20/2023 1:01 :17 PM SENT Kerry Schonwald kschonwa|d@mckoolsmith.com 4/20/2023 1:01:17 PM SENT Jennifer Barall jbarall@mckoolsmith.com 4/20/2023 1:01:17 PM SENT Dan Winikka dan@danwinlaw.com 4/20/2023 1:01:17 PM SENT Associated Case Party: lH30/NORTHWEST GMD, LTD. Name BarNumber Email TimestampSubmitted Status Richard David Pullman 16392000 rpul|man@kesslercollins.com 4/20/2023 1:01:17 PM SENT DEBBIE E.MCCOY dem@kesslercollins.com 4/20/2023 1:01:17 PM SENT Associated Case Party: ATC SEQUOIA LLC Name BarNumber Email TimestampSubmitted Status Robin McKinnon rmckinnon@bai|eybrauer.com 4/20/2023 1:01 :17 PM SENT Jason Marlin jmarlin@baileybrauer.com 4/20/2023 1:01:17 PM SENT