On April 26, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Mid America Mortgage Inc,
and
Cooksey, Michael,
Crosscountry Mortgage, Llc,
Ferrari, Anthony,
Grubbs, Ryan,
Haeni, Donna,
Kastler, Cory,
Mcdaniel, Matthew,
Morgan, Deanna,
Norsch, Charles "Chuck",
Scott, Tom,
for EMPLOYMENT
in the District Court of Dallas County.
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FILED
3/22/2023 11:51 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Treva Parker-Ayodele DEPUTY
CAUSE NO. DC-22-04312
MID AMERICA MORTGAGE, H\IC., § [N THE DISTRICT COURT
§
Plaintiff, §
§
vs. §
§
RYAN GRUBBS, TONY FERRARI, § DALLAS COUNTY, TEXAS
COREY KASTLER, CHARLES “CHUCK” §
NORSCH, MATTHEW J. MCDANIEL, §
DONNA HAENI, DEANNA MORGAN, and §
CROSSCOUNTRY MORTGAGE, LLC §
§
Defendants. § 192ND JUDICIAL DISTRICT
PLAINTIFF’S OBJECTIONS TO DEFENDANTS’
SUMMARY JUDGMENT EVIDENCE
COMES NOW Plaintiff Mid America Mortgage, Inc. n/k/a Click ‘n Close (“Plaintiff’ or
“MAM”) and files these Objections to the Summary Judgment Evidence Submitted by Defendants
Ryan Grubbs and Michael Cooksey (collectively, “Defendants”) with their Summary Judgment
Responses filed on March 21. In support hereof, Plaintifi respectfully shows the Court the
following:
Obiections to Grubbs Declaration
Statement Objection
Everything after first sentence Irrelevant to issues raised by MSJ. Does
not lay adequate predicate for
admissibility to explain who at MAM
allegedly made such statements or
took such actions. MAM is a
corporation and can only speak or act
through human beings. To be
admissible, these statements have to
explain who said the statement or did
at issue, and explain how that person
was an agent of MAM. Tex.R. Evid. 602
and Tex.R.Civ.P. 166a(f).
PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ SUMMARY JUDGMENT EVIDENCE Page 1
Statement Objection
Entire paragraph Irrelevant to issues raised by MSJ.
Does not lay adequate predicate for
reasons stated regarding paragraph 4.
Entire paragraph Construing the terms of his agreement
is a question of law for the court.
Gilbert Texas Const. LP v. Underwriters
at Lloyds, London,327 S.W.3d 118, 133
(Tex. 2020).
The rest lacks adequate predicate for
reasons stated regarding paragraph 4.
9 Entire paragraph Legal conclusion
10, 11, 12 Entirety of each paragraph Irrelevant to issues raised by MS].
Obiections to Allegations of Fact in Cooksev’s Response.
There was no Affidavit or Declaration filed in support of this Response. There is no support
anywhere in the summary judgment evidence for the allegations of fact in Cooksey’s “Factual
Background” under Heading A on pages 4 and 5 of the Response or under Headings D and E on
pages 7 - 12 of the Response. Those allegations cannot be considered in connection with the
pending Motion. See, Tex.R.CiV.P. 166a(f).
Conclusion
Any arguments in the Defendants’ Responses which rely on the evidence to which
objections are lodged above, are unsupported by competent summary judgment evidence and
cannot create a genuine issue of material fact so as to defeat Plaintiff’s Motions.
PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ SUMMARY JUDGMENT EVIDENCE Page 2
Respectfully submitted,
KESSLER & COLLINS, P.C.
By: /s/ Daniel P. Callahan
DANIEL P. CALLAHAN
Texas Bar No. 03648700
dpc@kesslercollins.com
ANNE-ALISE “ALI” HINCKLEY
Texas Bar No. 24090786
ahinckley@kess1ercollins.com
JOHN D. JAN ICEK
Texas Bar No. 24125636
jdj@kesslercollins.com
500 N. Akard Street, Suite 3700
Dallas, Texas 75201
(214) 379-0722 Telephone
(214) 373-4714 Facsimile
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S OBJECTIONS T0 DEFENDANTS’ SUMMARY JUDGMENT EVIDENCE Page 3
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing has been served through the eFile Texas electronic
filing system and electronic mail on this 22nd day ofMarch 2023 in accordance with the Texas Rules
of Civil Procedure.
Shane Kotlarsky
John Conley
Lewis Brisbois Bisgaard & Smith LLP
24 Greenway Plaza, Suite 1400
Houston, Texas 77046
Email: shane.kotlarsky@lewisbrisboiscom
iohn.conlev@lewisbrisbois.com
Counsel for Defendants CrossCountry, Cooksey,
Grubbs, Ferrari, Norsch, Kastler, Morgan, and Haeni
Robert J. Bogdanowicz III
Alexia Nicoloulias
Burke Bogdanowicz PLLC
1201 Elm Street, Suite 4000
Dallas, Texas 75201
Email: rob@burkebog.com
anicoloulias@burkebog.com
Counsel for Defendant McDaniel
/s/ Daniel P. Callahan
DANIEL P. CALLAHAN
ANNE-ALISE “ALI” HINCKLEY
JOHN D. JAN ICEK
PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ SUMMARY JUDGMENT EVIDENCE Page 4
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.
Gaile Willard on behalf of Daniel Callahan
Bar No. 03648700
gld@kesslercollins.com
Envelope ID: 73899287
Filing Code Description: Objection
Filing Description: PLAINTIFF OBJECTIONS/DEFENDANTS SUMMARY
JUDGMENT EVIDENCE
Status as of 3/22/2023 3:16 PM CST
Associated Case Party: MID AMERICA MORTGAGE INC
Name BarNumber Email TimestampSubmitted Status
Daniel P.Callahan dpc@kesslercollins.com 3/22/2023 11:51 :39 AM SENT
Anne-Alise "Ali“Hinckley ahinckley@kesslercollins.com 3/22/2023 11:51:39 AM SENT
Gaile . gwillard@kesslercollins.com 3/22/2023 11:51:39 AM SENT
John DavidJanicek jdj@kesslercollins.com 3/22/2023 11:51:39 AM SENT
Associated Case Party: RYAN GRUBBS
Name BarNumber Email TimestampSubmitted Status
Shane Kotlarsky shane.kotlarsky@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT
John R.Conley john.conley@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT
Associated Case Party: MATTHEW MCDANIEL
Name BarNumber Email TimestampSubmitted Status
Alexia Nicoloulias anicoloulias@burkebog.com 3/22/2023 11:51:39 AM SENT
Robert Bogdanowicz Rob@Burkebog.com 3/22/2023 11:51:39 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Robert JBogdanowicz rob@burkebog.com 3/22/2023 11:51:39 AM SENT
Vikki Colvin-Gray vcolvin@burkebog.com 3/22/2023 11:51:39 AM SENT
Melinda Goens mgoens@burkebog.com 3/22/2023 11:51:39 AM SENT
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.
Gaile Willard on behalf of Daniel Callahan
Bar No. 03648700
gld@kesslercollins.com
Envelope ID: 73899287
Filing Code Description: Objection
Filing Description: PLAINTIFF OBJECTIONS/DEFENDANTS SUMMARY
JUDGMENT EVIDENCE
Status as of 3/22/2023 3:16 PM CST
Case Contacts
Alexia Nicoloulias anicoloulias@burkebog.com 3/22/2023 11:51 :39 AM SENT
Rocio Rivera rocio.rivera@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT
Antonio Ramirez antonio.ramirez@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT
Jodi McKinley jodi.mckinley@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT
Brad Bigos brad.bigos@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT
michael Altvater michael.altvater@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT
Meagan KMiller mmiller@burkebog.com 3/22/2023 11:51:39 AM SENT
Document Filed Date
March 24, 2023
Case Filing Date
April 26, 2022
For full print and download access, please subscribe at https://www.trellis.law/.
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FILED 3/22/2023 11:51 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Treva Parker-Ayodele DEPUTY CAUSE NO. DC-22-04312 MID AMERICA MORTGAGE, H\IC., § [N THE DISTRICT COURT § Plaintiff, § § vs. § § RYAN GRUBBS, TONY FERRARI, § DALLAS COUNTY, TEXAS COREY KASTLER, CHARLES “CHUCK” § NORSCH, MATTHEW J. MCDANIEL, § DONNA HAENI, DEANNA MORGAN, and § CROSSCOUNTRY MORTGAGE, LLC § § Defendants. § 192ND JUDICIAL DISTRICT PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ SUMMARY JUDGMENT EVIDENCE COMES NOW Plaintiff Mid America Mortgage, Inc. n/k/a Click ‘n Close (“Plaintiff’ or “MAM”) and files these Objections to the Summary Judgment Evidence Submitted by Defendants Ryan Grubbs and Michael Cooksey (collectively, “Defendants”) with their Summary Judgment Responses filed on March 21. In support hereof, Plaintifi respectfully shows the Court the following: Obiections to Grubbs Declaration Statement Objection Everything after first sentence Irrelevant to issues raised by MSJ. Does not lay adequate predicate for admissibility to explain who at MAM allegedly made such statements or took such actions. MAM is a corporation and can only speak or act through human beings. To be admissible, these statements have to explain who said the statement or did at issue, and explain how that person was an agent of MAM. Tex.R. Evid. 602 and Tex.R.Civ.P. 166a(f). PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ SUMMARY JUDGMENT EVIDENCE Page 1 Statement Objection Entire paragraph Irrelevant to issues raised by MSJ. Does not lay adequate predicate for reasons stated regarding paragraph 4. Entire paragraph Construing the terms of his agreement is a question of law for the court. Gilbert Texas Const. LP v. Underwriters at Lloyds, London,327 S.W.3d 118, 133 (Tex. 2020). The rest lacks adequate predicate for reasons stated regarding paragraph 4. 9 Entire paragraph Legal conclusion 10, 11, 12 Entirety of each paragraph Irrelevant to issues raised by MS]. Obiections to Allegations of Fact in Cooksev’s Response. There was no Affidavit or Declaration filed in support of this Response. There is no support anywhere in the summary judgment evidence for the allegations of fact in Cooksey’s “Factual Background” under Heading A on pages 4 and 5 of the Response or under Headings D and E on pages 7 - 12 of the Response. Those allegations cannot be considered in connection with the pending Motion. See, Tex.R.CiV.P. 166a(f). Conclusion Any arguments in the Defendants’ Responses which rely on the evidence to which objections are lodged above, are unsupported by competent summary judgment evidence and cannot create a genuine issue of material fact so as to defeat Plaintiff’s Motions. PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ SUMMARY JUDGMENT EVIDENCE Page 2 Respectfully submitted, KESSLER & COLLINS, P.C. By: /s/ Daniel P. Callahan DANIEL P. CALLAHAN Texas Bar No. 03648700 dpc@kesslercollins.com ANNE-ALISE “ALI” HINCKLEY Texas Bar No. 24090786 ahinckley@kess1ercollins.com JOHN D. JAN ICEK Texas Bar No. 24125636 jdj@kesslercollins.com 500 N. Akard Street, Suite 3700 Dallas, Texas 75201 (214) 379-0722 Telephone (214) 373-4714 Facsimile ATTORNEYS FOR PLAINTIFF PLAINTIFF’S OBJECTIONS T0 DEFENDANTS’ SUMMARY JUDGMENT EVIDENCE Page 3 CERTIFICATE OF SERVICE I certify that a true copy of the foregoing has been served through the eFile Texas electronic filing system and electronic mail on this 22nd day ofMarch 2023 in accordance with the Texas Rules of Civil Procedure. Shane Kotlarsky John Conley Lewis Brisbois Bisgaard & Smith LLP 24 Greenway Plaza, Suite 1400 Houston, Texas 77046 Email: shane.kotlarsky@lewisbrisboiscom iohn.conlev@lewisbrisbois.com Counsel for Defendants CrossCountry, Cooksey, Grubbs, Ferrari, Norsch, Kastler, Morgan, and Haeni Robert J. Bogdanowicz III Alexia Nicoloulias Burke Bogdanowicz PLLC 1201 Elm Street, Suite 4000 Dallas, Texas 75201 Email: rob@burkebog.com anicoloulias@burkebog.com Counsel for Defendant McDaniel /s/ Daniel P. Callahan DANIEL P. CALLAHAN ANNE-ALISE “ALI” HINCKLEY JOHN D. JAN ICEK PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ SUMMARY JUDGMENT EVIDENCE Page 4 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. Gaile Willard on behalf of Daniel Callahan Bar No. 03648700 gld@kesslercollins.com Envelope ID: 73899287 Filing Code Description: Objection Filing Description: PLAINTIFF OBJECTIONS/DEFENDANTS SUMMARY JUDGMENT EVIDENCE Status as of 3/22/2023 3:16 PM CST Associated Case Party: MID AMERICA MORTGAGE INC Name BarNumber Email TimestampSubmitted Status Daniel P.Callahan dpc@kesslercollins.com 3/22/2023 11:51 :39 AM SENT Anne-Alise "Ali“Hinckley ahinckley@kesslercollins.com 3/22/2023 11:51:39 AM SENT Gaile . gwillard@kesslercollins.com 3/22/2023 11:51:39 AM SENT John DavidJanicek jdj@kesslercollins.com 3/22/2023 11:51:39 AM SENT Associated Case Party: RYAN GRUBBS Name BarNumber Email TimestampSubmitted Status Shane Kotlarsky shane.kotlarsky@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT John R.Conley john.conley@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT Associated Case Party: MATTHEW MCDANIEL Name BarNumber Email TimestampSubmitted Status Alexia Nicoloulias anicoloulias@burkebog.com 3/22/2023 11:51:39 AM SENT Robert Bogdanowicz Rob@Burkebog.com 3/22/2023 11:51:39 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Robert JBogdanowicz rob@burkebog.com 3/22/2023 11:51:39 AM SENT Vikki Colvin-Gray vcolvin@burkebog.com 3/22/2023 11:51:39 AM SENT Melinda Goens mgoens@burkebog.com 3/22/2023 11:51:39 AM SENT 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. Gaile Willard on behalf of Daniel Callahan Bar No. 03648700 gld@kesslercollins.com Envelope ID: 73899287 Filing Code Description: Objection Filing Description: PLAINTIFF OBJECTIONS/DEFENDANTS SUMMARY JUDGMENT EVIDENCE Status as of 3/22/2023 3:16 PM CST Case Contacts Alexia Nicoloulias anicoloulias@burkebog.com 3/22/2023 11:51 :39 AM SENT Rocio Rivera rocio.rivera@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT Antonio Ramirez antonio.ramirez@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT Jodi McKinley jodi.mckinley@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT Brad Bigos brad.bigos@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT michael Altvater michael.altvater@lewisbrisbois.com 3/22/2023 11:51:39 AM SENT Meagan KMiller mmiller@burkebog.com 3/22/2023 11:51:39 AM SENT