You are on page 1of 65

Case 3:15-cv-03791-N Document 1 Filed 11/24/15

Page 1 of 11 PageID 1

IN THE UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LISA R. GARZA-SELCER,
SHELBY HALL L.L.C., and
SHELBY HALL BEVERAGE, LLC,
Plaintiffs,
v.
1600 PACIFIC SUBTENANT, LLC,
HRI PROPERTIES, LLC, and
HCI CONSTRUCTION, LLC,
Defendants.

Civil Action No. ____________________

NOTICE OF REMOVAL
Pursuant to 28 U.S.C. 1332, 1441, and 1446, Defendants 1600 Pacific
Subtenant, LLC, HRI Properties, LLC, and HCI Construction, LLC (collectively, the
Removing Defendants) hereby remove to this Court the action styled Lisa R.
Garza-Selcer, et al. v. 1600 Pacific Subtenant, LLC, et al.; Cause No. DC-15-13301
in the 160th District Court of Dallas County, Texas (the State Court Action).
Removing Defendants remove this case on the basis of this Courts original diversity
jurisdiction under 28 U.S.C. 1332(a). Complete diversity of citizenship exists and
the amount in controversy exceeds $75,000.00, exclusive of interest and costs. In
support of removal, Removing Defendants state as follows:

NOTICE OF REMOVAL
15460106.2

Page 1

Case 3:15-cv-03791-N Document 1 Filed 11/24/15

I.
1.

Page 2 of 11 PageID 2

The State Court Action

On October 30, 2015, Plaintiffs Lisa R. Garza-Selcer, Shelby Hall

L.L.C., Shelby Hall Beverage, LLC (Plaintiffs) filed an Original Petition (the
Petition) in Cause No. DC-15-13301 in the 160th District Court of Dallas County,
Texas.
2.

Furthering the revitalization of Downtown Dallas, HRI Properties,

LLC (HRI Properties) has renovated the LTV Tower at Pacific and Elm Streets
and has completed the conversion of the building into luxury apartments on the
upper floors and a better-than-brand-standard Hilton Garden Inn on the lower
floors, along with 350 parking spaces and a fine dining restaurant space that is
substantially complete. This $80M project is bringing new life to an historic
building that had been empty for decades.
3.

In conjunction with this redevelopment, a third-party introduced 1600

Pacific Subtenant, LLC (the landlord for the restaurant space, 1600 Pacific) and
Lisa R. Garza-Selcer, co-owner of Sissys Fried Chicken. 1600 Pacific and Ms.
Garza-Selcers company, Shelby Hall L.L.C. (Shelby Hall) entered into a Lease.
However, many months and more than a million dollars later, one thing became
clear, Ms. Garza-Selcer could not be pleased. 1600 Pacific valiantly worked to build
and create a space for Ms. Garza-Selcer and her new restaurant Shelby Hall.
However, Ms. Garza-Selcer balked at nearly every stage of the project.
4.

In the end, the parties never agreed to the plans for the restaurant

which Ms. Garza-Selcer has repeatedly admitted. On October 28, 2015, Ms. Garza-

NOTICE OF REMOVAL
15460106.2

Page 2

Case 3:15-cv-03791-N Document 1 Filed 11/24/15

Page 3 of 11 PageID 3

Selcers attorney admitted that there were no Plans as that term is defined in the
Lease. Ms. Garza-Selcer has also denied that she ever approved any Plans. The
Lease requires that the Tenant shall be responsible for reviewing and approving all
element of the design of the Plans (including, without limitation, compliance with
law [,] functionality of design, the structural integrity of the design, the
configuration of the premises and the placement of Tenants furniture, appliances
and equipment). Simply put, Shelby Hall did not review or approve all elements of
the Plans.
5.

In reality, Shelby Hall wanted to keep every option available to it. Ms.

Garza-Selcer wanted an unlimited budget for the project and knew that 1600
Pacifics budget was limited to $1,000,000. By not approving the Plans, Shelby
Hall was able to keep all of its options open, including Shelby Halls termination if
the Plans were never agreed to a threat Ms. Garza-Selcer made on at least one
occasion. 1600 Pacific never agreed to an unlimited budget and on numerous
occasions and in meetings, reminded the Tenant of the budget; however Shelby
Halls continued demands put the budget well over $1,000,000. With no agreement
as to the Plans and as was its right under the Lease, 1600 Pacific terminated the
Lease and requested that Shelby Hall vacate which Shelby Hall willingly did.
6.

Under 28 U.S.C. 1446(a) and Local Civil Rule 81.1(a)(4), copies of the

following documents are attached to this Notice of Removal:


Exhibit A:

Index of documents filed with Defendants Notice of


Removal and copies of each document filed in the State
Court Action, except discovery material:

Exhibit A-1: Civil Case Information Sheet (October 30, 2015)


NOTICE OF REMOVAL
15460106.2

Page 3

Case 3:15-cv-03791-N Document 1 Filed 11/24/15

Page 4 of 11 PageID 4

Exhibit A-2: Plaintiffs Original Petition (October 30, 2015)


Exhibit A-3: COA-Correspondence Letter (November 11, 2015)
Exhibit A-4: Issuance of Citation to HCI Construction, LLC
(November 16, 2015)
Exhibit A-5: Issuance of Citation to 1600 Pacific Subtenant LLC
(November 16, 2015)
Exhibit A-6: Issuance of Citation to HRI Properties LLC
(November 16, 2015)
Exhibit A-7: Returns of Service for 1600 Pacific and HCI
Construction, LLC (November 17, 2015)
Exhibit B:

A copy of the docket sheet in the State Court Action


(printed on November 24, 2015); and

Exhibit C:

Defendants separately signed Certificates of lnterested


Persons.

II.
7.

Original Subject-Matter Jurisdiction

This Court has original diversity jurisdiction over this case under 28

U.S.C. 1332(a). Complete diversity of citizenship exists and the amount in


controversy exceeds the sum of $75,000.00, exclusive of costs and interest.
Complete diversity of citizenship existed at the time Plaintiffs filed the State Court
Action, and exists at the time of this removal. Thus, the State Court Action may be
removed to this Court under 28 U.S.C. 1441(a).
A.

Diversity of Citizenship
8.

Complete diversity of citizenship exists among Plaintiffs and all

Defendants in this lawsuit because Plaintiffs and all Defendants in this lawsuit are
citizens of different states.

NOTICE OF REMOVAL
15460106.2

Page 4

Case 3:15-cv-03791-N Document 1 Filed 11/24/15

1.
9.

Page 5 of 11 PageID 5

Citizenship of Plaintiffs

The citizenship of a natural person is determined by their domicile,

Coury v. Prot, 85 F.3d 244, 249 (5th Cir. 1996). Plaintiff Lisa R. Garza-Selcer is
now, and was at the time that the State Court Action was filed, a citizen of Texas.
10.

For diversity jurisdiction purposes, a limited liability company is a

citizen of all states in which its members are citizens. Harvey v. Grey Wolf Drilling
Co., 542 F.3d 1077, 1080 (5th Cir. 2008).
11.

Plaintiff Shelby Hall is a Texas limited liability company. Upon

information and belief based on information in Plaintiffs Original Petition, Lisa R.


Garza-Selcer is the sole owner of both Shelby Hall and SHB. Therefore, Shelby
Hall is a citizen of Texas.
12.

Plaintiff Shelby Hall Beverage, LLC (SHB) is a Texas limited

liability company. Upon information and belief based on information in Plaintiffs


Original Petition, Lisa R. Garza-Selcer is the sole owner of both Shelby Hall and
SHB. Therefore, SHB is a citizen of Texas.
2.
13.

Citizenship of Defendants

Defendants are now, and were at the time the State Court

Action was filed, citizens of Louisiana.


14.

For diversity jurisdiction purposes, a limited liability company is a

citizen of all states in which its members are citizens. Harvey, 542 F.3d at 1080.
A corporation is a citizen of the state in which it is incorporated and the state in
which its principal place of business is located. 28 U.S.C. 1332(c)(l). For the

NOTICE OF REMOVAL
15460106.2

Page 5

Case 3:15-cv-03791-N Document 1 Filed 11/24/15

Page 6 of 11 PageID 6

purposes of diversity jurisdiction, the citizenship of a trust is determined by the


citizenship of the trustee or trustees. Goldstick v. ICM Realty, 788 F.2d 456,
458 (7th Cir.1986); UICI v. Gray, No. Civ. A. 3:01CV0921L, 2002 WL 356753, at
*6 n. 10 (N.D.Tex. March 1, 2002) (citing Navarro Savings Assn v. Lee, 446 U.S.
458, 462, 100 S.Ct. 1779, 64 L.Ed.2d 425 (1980)).
15.

1600 Pacific is a Louisiana limited liability company (LLC) whose

sole member is another Louisiana LLC. That Louisiana LLC has a single
member HRI Properties, LLC (also a defendant in this matter). As shown
below, all members of 1600 Pacific, its members, and their members are citizens
of Louisiana.
16.

HRI Properties is a Louisiana LLC with two members, one a

Delaware LLC and the other a Louisiana LLC. The Delaware LLC has five
members. Four are individuals who are all citizens of Louisiana. The fifth
member is a family trust whose trustee is an individual citizen of Louisiana.
The Louisiana LLC that is a member of HRI Properties has one member
Historic Restoration, Incorporated. Historic Restoration, Incorporated is a
Louisiana corporation with its principal place of business at 812 Gravier Street,
Suite 200, New Orleans, Louisiana 70112. All members of HRI Properties, its
members, and their members are citizens of Louisiana.
17.

HCI Construction, LLC (HCI Construction) is a Delaware LLC

whose sole member is HRI Properties. As outlined in paragraph 16 above, all

NOTICE OF REMOVAL
15460106.2

Page 6

Case 3:15-cv-03791-N Document 1 Filed 11/24/15

Page 7 of 11 PageID 7

members of HCI Construction, its members, and their members are citizens of
Louisiana.
18.

Therefore, complete diversity of citizenship exists between

Plaintiffs and Defendants in this lawsuit under 28 U.S.C. 1332(a). Plaintiffs


are now, and were at the time that the State Court Action was filed, citizens of
Texas. Defendants are now, and were at the time that the State Court Action
was filed, citizens of Louisiana.
B.

Amount in Controversy
19.

The amount in controversy in this action exceeds $75,000.00,

exclusive of interest and costs.


20.

Removal is proper on the basis of amount in controversy asserted if

the court finds, by a preponderance of the evidence, that the amount in


controversy exceeds $75,000.00, exclusive of interest and costs. 28 U.S.C.
1446(c)(2)(B). In establishing the amount in controversy, Defendants may rely
on allegations in the Petition. See McPhail v. Deere & Co., 529 F.3d 947, 955-56
(10th Cir. 2008) (defendant may rely on an estimate of potential damages from
the allegations in the complaint, and a complaint that presents a combination
of facts and theories of recovery that may support a claim in excess of $75,000
can support removal).
21.

If it is facially apparent from the Petition that the amount in

controversy exceeds the jurisdictional minimum, then no strict proof is required


from the defendant. Gebbia v. Wal-Mart Stores, Inc., 233 F.3d 880, 883 (5th Cir.

NOTICE OF REMOVAL
15460106.2

Page 7

Case 3:15-cv-03791-N Document 1 Filed 11/24/15

Page 8 of 11 PageID 8

2000). In making this determination, the court may refer to the types of claims
alleged and the nature of the damages sought. Allen v. R&H Oil & Gas Co., 63 F.3d
1326, 1336 (5th Cir. 1995).
22.

It is facially apparent from reviewing Plaintiffs allegations and claims

in the Petition that the amount in controversy exceeds $75,000.00, exclusive of


interest and costs. Plaintiffs assert causes of action for (1) declaratory judgment, (2)
breach of contract, (3) fraud, (4) tortious interference with contract, and (5) tortious
interference with prospective business relations. Plaintiffs allege that, based on the
allegations and causes of action, they are seeking monetary relief in excess of
$1,000,000 exclusive of interest and costs. See Petition 44.
23.

Further, Plaintiffs allege that Defendants are jointly and severally

liable for this amount. Petition, Prayer; see Jewell v. Grain Dealers Mut. Ins. Co.,
290 F.2d 11, 13 (5th Cir. 1961); Arriaga v. Midland Funding LLC, 3:14-cv-04044,
2015 WL 567264 at *2 (N.D. Tex. Feb. 11, 2015); Weston Plaza, Ltd. v. Hartford
Lloyds Ins. Co., 3:11-cv-1034, 2011 WL 4712239 at *3 (N.D. Tex. Sept. 1, 2011).
24.

Given the amount of monetary relief sought, it is facially evident from

the Petition that at least one Plaintiff seeks to recover in excess of $75,000.00,
exclusive of interest and costs.
25.

Because this action is wholly among citizens of different states and the

amount in controversy exceeds the jurisdictional threshold amount, this Court has
original diversity jurisdiction over this case under 28 U.S.C. 1332 and 1441.

NOTICE OF REMOVAL
15460106.2

Page 8

Case 3:15-cv-03791-N Document 1 Filed 11/24/15

III.
26.

Page 9 of 11 PageID 9

Timeliness of Removal

As required by 28 U.S.C. 1446(b), this Notice of Removal is timely

because it is filed within thirty (30) days of Removing Defendants receipt of the
Petition on October 30, 2015 in conjunction with Plaintiffs rejected request for a
Temporary Restraining Order.
IV.
27.

Other Procedural Requirements

Immediately following the filing of this Notice of Removal, written

notice of the filing of this Notice of Removal will be served on Plaintiffs counsel, as
required by 28 U.S.C. 1446(d).
28.

Removing Defendants will promptly file a copy of this Notice of

Removal with the Clerk of the District Court of Dallas County, Texas, where the
State Court Action was pending, as required by 28 U.S.C. 1446(d).
29.

By removing this action to this Court, Removing Defendants do not

waive any defenses, objections, or motions under state or federal law.


V.

Conclusion

For these reasons, Defendants 1600 Pacific Subtenant, LLC, HRI Properties,
LLC, and HCI Construction, LLC hereby remove the State Court Action to the
United States District Court for the Northern District of Texas, Dallas Division, in
accordance with 28 U.S.C. 1441 and 1446 and Local Civil Rule 81.1. Defendants
respectfully request that this Court assume jurisdiction over this action and that all
further proceedings in the State Court Action be stayed.

NOTICE OF REMOVAL
15460106.2

Page 9

Case 3:15-cv-03791-N Document 1 Filed 11/24/15

Dated: November 24, 2015

Page 10 of 11 PageID 10

Respectfully submitted,
/s/ Aimee M. Furness
Aimee M. Furness
State Bar No. 24026882
aimee.furness@haynesboone.com
HAYNES AND BOONE, LLP
2323 Victory Avenue, Suite 700
Dallas, Texas 75219
Telephone: 214-651-5000
Telecopier: 214-651-5940
ATTORNEY FOR DEFENDANTS
1600 PACIFIC SUBTENANT, LLC,
HRI PROPERTIES, LLC, and
HCI CONSTRUCTION, LLC

NOTICE OF REMOVAL
15460106.2

Page 10

Case 3:15-cv-03791-N Document 1 Filed 11/24/15

Page 11 of 11 PageID 11

CERTIFICATE OF SERVICE
I hereby certify that this document was filed electronically on the 24th day of
November 2015, and in compliance with Local Civil Rule 5.1(d), a copy of this
document has been served on counsel of record for Plaintiffs.

/s/ Aimee M. Furness


Aimee M. Furness

NOTICE OF REMOVAL
15460106.2

Page 11

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 1 of 41 PageID 12

EXHIBIT A

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 2 of 41 PageID 13

IN THE UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LISA R. GARZA-SELCER,
SHELBY HALL L.L.C., and
SHELBY HALL BEVERAGE, LLC,
Plaintiffs,
v.
1600 PACIFIC SUBTENANT, LLC,
HRI PROPERTIES, LLC, and
HCI CONSTRUCTION, LLC,
Defendants.

Civil Action No. ____________________

INDEX OF DOCUMENTS FILED


WITH DEFENDANTS NOTICE OF REMOVAL
In accordance with 28 U.S.C. 1446(a) and Local Civil Rule 81.1 (a)(4),
Defendants 1600 Pacific Subtenant, LLC, HRI Properties, LLC, and HCI
Construction, LLC (Defendants) submit this Index of Documents Filed with
Defendants Notice of Removal, identifying the following documents being filed with
its Notice of Removal:
Exhibit A:

Index of documents filed with Defendants Notice of


Removal and copies of each document filed in the State
Court Action, except discovery material:

Exhibit A-1: Civil Case Information Sheet (October 30, 2015)


Exhibit A-2: Plaintiffs Original Petition (October 30, 2015)
Exhibit A-3: COA-Correspondence Letter (November 11, 2015)
Exhibit A-4: Issuance of Citation to HCI Construction, LLC
(November 16, 2015)

INDEX OF DOCUMENTS FILED


WITH DEFENDANTS NOTICE OF REMOVAL
15466469.1

Page 1

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 3 of 41 PageID 14

Exhibit A-5: Issuance of Citation to 1600 Pacific Subtenant LLC


(November 16, 2015)
Exhibit A-6: Issuance of Citation to HRI Properties LLC
(November 16, 2015)
Exhibit A-7: Returns of Service for 1600 Pacific and HCI
Construction, LLC (November 17, 2015)
Exhibit B:

A copy of the docket sheet in the State Court Action


(printed on November 24, 2015); and

Exhibit C:

Defendants separately signed Certificates of lnterested


Persons.

INDEX OF DOCUMENTS FILED


WITH DEFENDANTS NOTICE OF REMOVAL
15466469.1

Page 2

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 4 of 41 PageID 15

EXHIBIT A-1

FILED
DALLAS COUNTY
CIVIL CASE
SHEET
Case 3:15-cv-03791-N Document
1-1INFORMATION
Filed 11/24/15
Page 5 of 41 PageID 16 10/30/2015 2:39:45 PM
FELICIA PITRE
DC-15-13301
CAUSE NUMBER (FOR CLERK USE ONLY): _______________________________ COURT (FOR CLERK USE ONLY): ______________________
DISTRICT CLERK

Lisa R. Garza-Selcer, et al. v. 1600 Pacific Subtenant, LLC, et


STYLED ___________________________________________________________________________________________________
(e.g., John Smith v. All American Insurance Co; In re Mary Ann Jones; In the Matter of the Estate of George Jackson)

A civil case information sheet must be completed and submitted when an original petition or application is filed to initiate a new civil, family law, probate, or mental
health case or when a post-judgment petition for modification or motion for enforcement is filed in a family law case. The information should be the best available at
the time of filing.
1. Contact information for person completing case information sheet:

Names of parties in case:

Name:

Email:

Mark A. Melton
_____________________________

mmelton@hunton.com
____________________________

Person or entity completing sheet is:


X Attorney for Plaintiff/Petitioner
Plaintiff(s)/Petitioner(s):
Pro Se Plaintiff/Petitioner
Title IV-D Agency
Lisa
R. Garza-Selcer; Shelby Hall L.L.C., Other: _________________________
_________________________________

Address:

Telephone:

Shelby Hall Beverage, LLC


_________________________________

1445
Ross Ave., Suite 3700
_____________________________

214-979-2952
____________________________

City/State/Zip:

Fax:

Dallas,
TX 75202
_____________________________

214-979-3939
____________________________

Signature:

State Bar No:

/s/ Mark A. Melton


_____________________________

24065734
____________________________

Additional Parties in Child Support Case:


Defendant(s)/Respondent(s):
1600 Pacific Subtenant, LLC, HRI
_________________________________
Properties, LLC, HCI Construction
_________________________________

_________________________________
[Attach additional page as necessary to list all parties]

Custodial Parent:
_________________________________
Non-Custodial Parent:
_________________________________
Presumed Father:
_________________________________

2. Indicate case type, or identify the most important issue in the case (select only 1):

Civil
Contract
Debt/Contract
Consumer/DTPA
Debt/Contract
Fraud/Misrepresentation
Other Debt/Contract:
____________________
Foreclosure
Home EquityExpedited
Other Foreclosure
Franchise
Insurance
X Landlord/Tenant
Non-Competition
Partnership
Other Contract:
______________________

Employment
Discrimination
Retaliation
Termination
Workers Compensation
Other Employment:
______________________
Tax
Tax Appraisal
Tax Delinquency
Other Tax

Family Law

Injury or Damage
Assault/Battery
Construction
Defamation
Malpractice
Accounting
Legal
Medical
Other Professional
Liability:
_______________
Motor Vehicle Accident
Premises
Product Liability
Asbestos/Silica
Other Product Liability
List Product:
_________________
Other Injury or Damage:
_________________

Real Property
Eminent Domain/
Condemnation
Partition
Quiet Title
Trespass to Try Title
Other Property:
____________________
Related to Criminal
Matters
Expunction
Judgment Nisi
Non-Disclosure
Seizure/Forfeiture
Writ of Habeas Corpus
Pre-indictment
Other: _______________

Other Family Law


Enforce Foreign
Judgment
Habeas Corpus
Name Change
Protective Order
Removal of Disabilities
of Minority
Other:
__________________


Other Civil
Administrative Appeal
Antitrust/Unfair
Competition
Code Violations
Foreign Judgment
Intellectual Property

Marriage Relationship
Annulment
Declare Marriage Void
Divorce
With Children
No Children

Lawyer Discipline
Perpetuate Testimony
Securities/Stock
Tortious Interference
Other: _______________

Post-judgment Actions
(non-Title IV-D)
Enforcement
ModificationCustody
ModificationOther
Title IV-D
Enforcement/Modification
Paternity
Reciprocals (UIFSA)
Support Order
Parent-Child Relationship
Adoption/Adoption with
Termination
Child Protection
Child Support
Custody or Visitation
Gestational Parenting
Grandparent Access
Parentage/Paternity
Termination of Parental
Rights
Other Parent-Child:
_____________________

Probate & Mental Health


Probate/Wills/Intestate Administration
Dependent Administration
Independent Administration
Other Estate Proceedings



GuardianshipAdult
GuardianshipMinor
Mental Health
Other: ____________________

3. Indicate procedure or remedy, if applicable (may select more than 1):


Appeal from Municipal or Justice Court
Declaratory Judgment
Prejudgment Remedy
Arbitration-related
Garnishment
Protective Order
Attachment
Interpleader
Receiver
Bill of Review
License
Sequestration
X Temporary Restraining Order/Injunction
Certiorari
Mandamus
Class Action
Post-judgment
Turnover
4. Indicate damages sought (do not select if it is a family law case):
Less than $100,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees
Less than $100,000 and non-monetary relief
Over $100, 000 but not more than $200,000
Over $200,000 but not more than $1,000,000
X Over $1,000,000

Rev 2/13

al.

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 6 of 41 PageID 17

EXHIBIT A-2

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 7 of 41 PageID 18

Lantz Sandra

DC-15-13301
CAUSE NO. ________________
LISA R. GARZA-SELCER,
SHELBY HALL L.L.C., and
SHELBY HALL BEVERAGE, LLC,

Plaintiffs ,
v.
1600 PACIFIC SUBTENANT, LLC,
HRI PROPERTIES, LLC, and
HCI CONSTRUCTION, LLC,

Defendants .

IN THE DISTRICT COURT

160TH-H
______ JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

PLAINTIFFS ORIGINAL PETITION, EMERGENCY APPLICATION FOR EXPARTE TEMPORARY RESTRAINING ORDER AND FOR TEMPORARY AND
PERMANENT INJUNCTION, PETITION FOR DECLARATORY JUDGMENT
AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW Lisa R. Garza-Selcer (Garza), Shelby Hall, L.L.C. (Shelby Hall),
and Shelby Hall Beverage, LLC (SHB), Plaintiffs in the above-captioned cause
(collectively, Plaintiffs), and file this, their Original Petition, Emergency Application for Ex-Parte
Temporary Restraining Order and for Temporary and Permanent Injunction, Petition for Declaratory
Judgment and Request for Disclosure (the Petition), complaining of 1600 Pacific Subtenant,
LLC; HRI Properties, LLC; and HCI Construction, LLC (collectively, Defendants) and,
for cause of action, would respectfully show this Court as follows.

Plaintiffs Original Petition, Emergency Petition, Emergency Application


for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

FILED
DALLAS COUNTY
10/30/2015 2:39:45 PM
FELICIA PITRE
DISTRICT CLERK

Page 1

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 8 of 41 PageID 19

I.
Discovery Control Plan
1.

Plaintiffs intend that discovery in this matter be conducted under a Level III

Discovery Control Plan pursuant to Rule 190.4 of the Texas Rules of Civil Procedure, and
ask that this Court enter an appropriate Scheduling Order, establishing the timeline and
appropriate conduct of discovery in this lawsuit.
II.
Parties
2.

Plaintiff Garza is an individual residing in the State of Texas and may be

served with documents by serving her undersigned counsel of record.


3.

Plaintiff Shelby Hall is a Texas limited liability company and may be served

with documents by serving its undersigned counsel of record.


4.

Plaintiff SHB is a Texas limited liability company and may be served with

documents by serving its undersigned counsel of record.


5.

Defendant 1600 Pacific Subtenant, LLC (Landlord) is a Louisiana limited

liability company and may be served with process by serving its registered agent, CT
Corporation System, at its registered address: 1999 Bryan Street, Suite 900; Dallas, Texas
75201.
6.

Defendant HRI Properties, LLC (Developer) is a Delaware limited liability

company that conducts business in the State of Texas, but which is not registered with the
Texas Secretary of State and maintains neither a place of business nor a designated agent for
the service of process in this State. As such, service may be perfected on Developer by
delivering process via CMRRR to the Texas Secretary of State, as substitute agent for service
of process, at:
Plaintiffs Original Petition, Emergency Petition, Emergency Application
for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 2

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 9 of 41 PageID 20

Service of Process
Secretary of State
P.O. Box 12079
Austin, Texas 78711-2079.
TEX. CIV. PRAC. & REM. CODE 17.044; TEX. BUS. ORGS. CODE 5.251(2)(B). The
Secretary of State can forward process to Developer to the attention of its disclosed
registered agent in the State of Louisiana, as follows:
Ray T. Spadafora
812 Gravier Street
Suite 200
New Orleans, Louisiana 70112
7.

Defendant HCI Construction, LLC (Project Manager) is a Louisiana

Limited Liability Company and may be served with process by serving its registered agent,
CT Corporation System, at its registered address: 1999 Bryan Street, Suite 900; Dallas, Texas
75201.
III.
Jurisdiction & Venue
8.

Jurisdiction is proper in this Court because the amount in controversy

exceeds the minimum jurisdictional limits of this Court.


9.

Venue is proper in Dallas County as the county in which all or a substantial

portion of the acts and/or omissions giving rise to Plaintiffs causes of action occurred.
TEX. CIV. PRAC. & REM. 15.002.
IV.
Facts
10.

Shelby Hall was formed on March 18, 2015 to operate a restaurant at 1525

Elm Street in Dallas, Texas, under the assumed name Shelby Hall. SHB is an affiliate of
Shelby Hall that holds the licenses necessary for Shelby Hall to serve alcoholic beverages to
Plaintiffs Original Petition, Emergency Petition, Emergency Application
for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 3

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 10 of 41 PageID 21

its guests. Garza, who is the sole owner of both Shelby Hall and SHB, is a nationallyrenowned chef, who initially earned notoriety through her appearance on Food Networks
Next Food Network Star. She is also the owner of Sissys Southern Kitchen, which is a
critically-acclaimed Dallas establishment.
11.

Because of Garzas reputation as a superstar chef and restauranteur,

Developer approached her in 2014 about opening a new restaurant concept on the ground
floor of a new high rise hotel/residential development (the Restaurant) that Developer
was building as part of a rehabilitation project in downtown Dallas. That building is now
known as LTV Tower and the Hilton Garden Inn, and is located at 1600 Pacific Avenue in
Dallas, Texas.

The space to be leased for purposes of operating the Restaurant was

unfinished space at the time. Accordingly, the parties tentatively agreed that Developer
would provide a white box space at Developers own cost and would also provide $1
million to build-out the restaurant and acquire furniture, fixtures and equipment. For her
part, Garza agreed to provide her own operating capital and certain other assets the
restaurant would need to operate, at a cost of approximately $250,000.
12.

Over the course of approximately two months, the parties each represented

by counsel engaged in negotiations to finalize a lease agreement, which was reduced to a


written and executed contract on 8 April 2015 (the Lease). The Lease contemplated a
formal opening of the Restaurant no later than 1 September 2015. Consistent with the
parties earlier, tentative agreement, the Lease required the Landlord provide a white box
at its own cost and to provide $1 million to build out the space and acquire certain
equipment for use in the Restaurant.

Plaintiffs Original Petition, Emergency Petition, Emergency Application


for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 4

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

13.

Page 11 of 41 PageID 22

Even at this early stage, Garza expressed concerns.

Specifically, it was

apparent to Garza that Developer would be unable to complete the build-out and furnishing
of the Restaurant within the $1 million budget in large part because Developer had not
bothered to secure bids for several material portions of the project in a timely manner. To
protect herself against these obvious concerns and, not least, because Landlord (through
Developer and Project Manager), rather than Garza, was to control the construction process
Garza insisted that the Lease expressly oblige Landlord to bear any cost overruns, unless
such overruns were caused by changes to the Plans (defined below) by Shelby Hall.
14.

In more-particular terms, the Lease requires that the Landlord shall perform

the initial improvements to the Premises in accordance with the plans and specifications
agreed upon by Landlord and [Shelby Hall] 1, which plans shall be agreed upon no later than
30 days from the execution date of the Lease. On 8 May 2015 the Developer extended the
period within which the parties should agree to the Plans by an additional 30 days. On 12
May 2015, the parties along with a representative of the general contractor at the time and
representatives of the design firm responsible for the interior design of the Restaurant met
at the premises of the space to be leased, and finalized a plan to complete the build-out of
the Restaurant.
15.

At that meeting, Steve Nance (Nance), the vice president of investments

for Developer and the Developers executive in charge of the project, reported that
Developers initial budget exceeded the negotiated build-out budget of $1 million. At that
time, the parties agreed to several hundred thousand dollars in cuts and ultimately arrived at

(the Plans)

Plaintiffs Original Petition, Emergency Petition, Emergency Application


for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 5

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 12 of 41 PageID 23

an agreement, although the agreed budget exceeded the $1 million budget. Importantly, the
parties agreed to move forward with the project under this revised budget and did so.
16.

In an effort to further assist Developer, Garza called on her extensive

network of restaurant contractors to bid on construction of the project to possibly replace


the original general contractor. Ultimately, her connections resulted in a more-palatable bid,
which Developer accepted. Garza also reviewed the equipment proposal submitted by
Developer and suggested changes to the proposed equipment list, which changes were
accepted by Landlord. The reductions in cost of equipment proposed by Garza and the
lower bid by the new contractor that Developer ultimately hired reduced the budgeted cost
of the project by several hundred thousand more dollars.
17.

In June 2015, Developer submitted plans and specifications to the city for

permitting purposes. These plans and specifications expressly encompassed many of the
specific design features on which the parties had agreed, including make and model numbers
for most of the equipment to be installed in the Restaurant.
18.

At or near this same time, Developer approached Garza about renegotiating

the Lease to increase the percentage rent, citing Developers expectation of going over
budget by several hundred thousand dollars. Garza reminded Developer that the Lease
explicitly provided that budget overruns were to be borne by the Landlord.

More

particularly, Garza reminded Developer that the provision(s) to that effect had been
expressly included in the Lease specifically because Garza had expressed concerns about
Developers competence and ability to perform within budget after they declined to listen to
her advice and take advantage of her expertise and that of the local consultants she

Plaintiffs Original Petition, Emergency Petition, Emergency Application


for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 6

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 13 of 41 PageID 24

recommended to them. Ultimately, Garza refused any amendments to the Lease and the
project continued under the parties written agreement or, at least, so Garza thought.
19.

Throughout the construction process, Garza regularly inspected the progress

of the project and noted several material deviations from the Plans. As these deviations and
failures to comply with the Plans began to manifest, Garza brought them to the attention of
Developer and the Project Manager. Many of these deviations were clearly illustrated in the
plans and specifications submitted to the city, including millwork on the shelving behind the
main bar and on the second-floor mezzanine that did not match the drawings in those plans
and specifications, the omission of a refrigerated charcuterie feature, and the replacement of
agreed-upon equipment with cheaper alternatives, among many others.
20.

When these deviations were pointed out to Developer, Developer oftentimes

expressed frustration with Garzas insistence that Developer comply with the Plans. In
many cases Developer simply refused to rectify its failures citing no more reason or
authority than Developers own budgetary concerns despite the fact that the Lease
required that Developer perform its work at its own expense and in accordance with the
Plans, regardless of whether such compliant work ultimately caused the project to go over
budget.
21.

When September 1st came and went and the construction project was

nowhere near complete, tensions between the parties began to reach an untenable height.
Garza, in reliance on Developers initial representations that the project would be complete
by September 1st, incurred substantial costs in marketing, hiring staff and other expenses
all of which were made with the understanding that, according to the Lease, the Restaurant
would be open and could begin earning revenue by September 1st. As of the date of the
Plaintiffs Original Petition, Emergency Petition, Emergency Application
for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 7

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 14 of 41 PageID 25

filing of this Petition, construction remains incomplete and the Developer has not obtained a
certificate of occupancy; and the Restaurant remains, necessarily, unopened.
22.

Disagreements between Developer and Garza increased in frequency as

Garza continued to discover instances of Developers deviation from or patent failure to


comply with the Plans. Discussions with various vendors and sub-contractors on the
project revealed that Developer had unilaterally made change orders for equipment,
furniture and construction features, replacing items with cheaper alternatives without
Garzas consent, which is required under the Lease. But, as before, Garzas complaints fell
on deaf ears; and Developer blithely continued to refuse to perform its work in accordance
with the Plans, even after deviations from the Plans were brought to their attention by
Garza.
23.

In October 2015, after Garza made specific complaints about deviations

from the Plans and significant and costly delays in completing the project, Developer
indicated that it wanted to terminate the lease because it did not appreciate Garzas
continuous complaints about the quality of the project Developer was delivering and her
refusal to accept their excuses for noncompliance with the Plans. Developers wish to be
shed of the Lease obligations though understandable, given Developers manifest failure to
comply with its terms has no basis in the contract itself or in law. Shelby Hall has
complied with the Lease, and performed its obligations thereunder at every step of the way.
Simply put, Shelby Hall has not breached the Lease in any way.
24.

Developer attempted to inappropriately take advantage of its threat to

terminate the Lease by slandering Garza and insisting that she accept an amendment to the

Plaintiffs Original Petition, Emergency Petition, Emergency Application


for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 8

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 15 of 41 PageID 26

Lease allowing them to terminate the Lease at any time for any reason, a proposal Garza
vehemently rejected.
25.

In a further attempt to leverage its desire to force Garza to modify the Lease,

Developer hired counsel and gave notice on 29 October 2015 to Shelby Hall and Garza that
it was terminating the Lease on the grounds that the Plans were not finalized. Of course,
this demand ignores the reality that Developer and Landlord did, in fact, agree to Plans.
What is more, even if Landlord and Shelby Hall had failed to reach an agreement as to the
Plans, Landlord waived any rights to terminate the Lease for failure to agree on the Plans by
continuing the project with Shelby Hall and Garza to near-completion. The notice to
terminate is nothing more than thinly-veiled retaliation against Garza and Shelby Hall for
having the temerity to insist upon the space and the bargain for which they contracted in
the Lease.
V.
Causes of Action
26.

For each of the causes of action alleged below Plaintiff reiterates the

foregoing paragraphs as if set forth fully in each discrete subpart, below.


A.

Emergency Petition for Ex-Parte Temporary Restraining Order and for


Temporary and Permanent Injunction.
27.

As a direct consequence of Defendants acts and/or omissions described

herein, Plaintiffs must seek and are entitled to a temporary restraining order to protect
Plaintiffs from imminent, irreparable harm. The injunctive relief requested is necessary to
preserve the status quo until temporary injunction can be ordered and, thereafter, during the
pendency of this litigation.
28.

The purpose of a temporary restraining order is to preserve the status quo of

Plaintiffs Original Petition, Emergency Petition, Emergency Application


for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 9

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 16 of 41 PageID 27

the subject matter of pending litigation until a temporary injunction hearing can be held.
Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002); Cannan v. Green Oaks Apts., Ltd.,
758 S.W.2d 753, 755 (Tex. 1988). The party seeking a temporary restraining order must
show that it has a probable right to recovery on the relief sought and that it will suffer a
probable injury absent the requested injunctive relief. Butnaru, 84 S.W.3d at 204. An injury
is probable if the harm is imminent, the injury would be irreparable, and the applicant has no
other adequate remedy. Henderson v. KRTS, Inc., 822 S.W.2d 769, 773 (Tex. App. Houston
[1st Dist.] 1992, no writ).
29.

In the instant case, Defendants have abused their position as landlord (and

the entities effectively controlling Landlord) by attempting to shut down Shelby Halls
business through intimidation of Shelby Hall and Garza. That attempt is most-clearly
exemplified in Defendants attempts to force Plaintiffs into making concessions that are not
required by the Lease, and in Defendants retaliatory attempt to terminate the Lease with
Plaintiffs simply refused to be bullied all of which have resulted in dire harm to Plaintiffs.
30.

To be clear, Defendants conduct in this regard was unauthorized and was

undertaken absent any right or entitlement thereto. To prevent further unlawful conduct,
Plaintiffs seek a temporary restraining order and temporary and permanent injunction
barring Defendants from attempting to deny Plaintiffs possession of the space described in
the Lease. If Defendants are able to deny Plaintiffs access to the space described in the
Lease, Plaintiff stands a substantial risk of irreparable harm. Because Plaintiffs seek only to
restrain conduct in which Defendants have no right or entitlement to engage, Defendants
will suffer neither harm nor hardship if this Court grants the injunctive relief sought herein.
In addition, Plaintiffs are ready, willing and able to post a bond in connection with their
Plaintiffs Original Petition, Emergency Petition, Emergency Application
for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 10

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 17 of 41 PageID 28

Emergency Petition for Ex-Parte Temporary Restraining Order though, because the risk
of any harm to Defendants is practically non-existent, Plaintiffs submit that amount of the
bond required, if any, should be de minimus.
31.

For the reasons set forth herein, it is imperative that this Court temporarily

restrain Defendants (or anyone acting on their behalf or at their direction) from denying
Plaintiffs access to and possession of the space described in the Lease. Once a temporary
restraining order is in place, Plaintiffs ask this Court upon the showing required under the
Texas Rules of Civil Procedure to convert that temporary restraining order to a temporary
injunction that will maintain the status quo through the trial of this lawsuit. Following trial,
Plaintiffs further ask that this temporary injunction be converted to a permanent injunction
that will enjoin any further such unlawful behavior by Defendants through the term of the
Lease.
B.

Petition for Declaratory Judgment.


32.

Plaintiffs seek a declaration determinative of the justiciable controversies

described herein. Specifically, Plaintiffs seek a declaration that the Landlord and Shelby Hall
did agree to Plans, that Shelby Hall has complied with the Lease, and that Defendants have
no right to unilateral termination of the Lease.
C.

Breach of Contract.
33.

A valid, enforceable agreement specifically, the Lease exists between

Plaintiff Shelby Hall and Defendant Landlord. Plaintiff Shelby Hall has performed its
obligations under the Lease. Defendant Landlord acting by and through Developer and
Project Manager, has breached the agreement by virtue of patent misconduct, as described

Plaintiffs Original Petition, Emergency Petition, Emergency Application


for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 11

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 18 of 41 PageID 29

herein. Defendants breach of the Lease has caused Plaintiffs to suffer and to continue to
suffer injury and damages, for which Plaintiffs now seek recompense.
D.

Fraud.
34.

Defendants made material representations to Plaintiffs, which were false.

What is more, at the time these representations were made to Plaintiffs, Defendant
Developer either (i) knew the representations were false or (ii) made the representations
recklessly, as a positive assertion, without knowledge of their truthfulness. Plaintiffs would
show that Defendants made such representations with the intent that Plaintiffs act upon
them. As Defendants intended, Plaintiffs relied upon these false representations and, as a
result, have suffered and continue to suffer injury and damages, for which they now seek
recompense.
E.

Conspiracy.
35.

Plaintiffs would show the Court that Defendants or some combination of

Defendants were each members of a combination of two or more parties. The object of
this combination was to accomplish one or more unlawful purposes (including, but not
necessarily limited to, Defendants efforts to exclude Plaintiffs from the space to which
Plaintiffs are entitled under the Lease and/or Defendants attempts to coerce Plaintiffs into
acquiescing in Defendants breaches of the Lease) or, in the alternative, to accomplish a
lawful purpose by unlawful means.
36.

The Defendant-members of this combination had a meeting of the minds as

to their object or course of action in this regard. At least one of the Defendant-members
committed an unlawful, overt act in furtherance of the combinations object or course of

Plaintiffs Original Petition, Emergency Petition, Emergency Application


for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 12

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 19 of 41 PageID 30

action. As a direct and proximate result of the wrongful act(s), Plaintiffs have suffered and
continue to suffer injury and damages, for which they now seek recompense.
F.

Tortious Interference with a Contract.


37.

Plaintiffs would show that a valid contract exists between Plaintiff Shelby

Hall and Landlord. Defendants or some combination of them willfully and intentionally
interfered with this contract. Similarly, valid contracts exist between Plaintiffs and any
number of suppliers, vendors, and/or sponsors. Defendants or some combination of
them have willfully and intentionally interfered with these contracts, as well.
38.

As a direct and proximate result of Defendants interference, Plaintiffs have

suffered and continue to suffer actual injury and damages, for which they now seek
recompense.
G.

Tortious Interference with Prospective Business Relations.


39.

A reasonable probability existed that Plaintiffs would enter into business

relationships with one or more third-parties. By engaging in independently-tortious and/or


unlawful conduct, as described herein, Defendants intentionally interfered with these
relationships.
40.

As a direct and proximate result of Defendants interference, Plaintiffs have

suffered and continue to suffer actual injury and damages, for which they now seek
recompense.
VI.
Request for Disclosure
41.

Plaintiffs request, from each Defendant, disclosure of the information

required under Rule 194.2 of the Texas Rules of Civil Procedure, such disclosures to be
Plaintiffs Original Petition, Emergency Petition, Emergency Application
for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 13

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 20 of 41 PageID 31

served on Plaintiffs no later than fifty (50) days of service of this Petition.
VII.
Attorneys Fees
42.

Plaintiffs hereby give notice of their intent to seek recovery of their

attorneys fees, as permitted under Sections 37.009 and/or 38.001 of the Texas Civil Practice
and Remedies Code, and any other applicable provisions of law.
VIII.
Conditions Precedent
43.

Pursuant to Tex. R. Civ. P. 54, all conditions precedent to the claims asserted

by Plaintiff have occurred and/or have been waived.


IX.
Statement of Relief Sought
44.

In accordance with Rule 47 of the Texas Rules of Civil Procedure, Plaintiffs

hereby give notice that they seek, by this lawsuit, monetary relief in an amount over
$1,000,000; injunctive relief, as requested herein; and declaratory relief, as requested herein.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that
Defendants be cited to appear herein and that, upon final hearing, Plaintiffs have and
recover judgment against Defendants jointly and severally, to the extent allowed by law
for the following:

Actual damages in an amount to be determined, but commensurate with the


actual monetary damages suffered by Plaintiffs;

Punitive damages in an amount to be determined, but in accordance with


standards commonly applied under Texas law;

Plaintiffs Original Petition, Emergency Petition, Emergency Application


for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 14

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 21 of 41 PageID 32

Other damages resulting from Defendants wrongful acts, as permitted by


law;

Costs incurred including, but not necessarily limited to, costs of court
incurred in this lawsuit;

Attorneys fees as allowed by law and/or by contract;

Pre-judgment interest at the maximum rate allowed by law; and

Post-judgment interest at the maximum rate allowed by law.

Plaintiffs Original Petition, Emergency Petition, Emergency Application


for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 15

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 22 of 41 PageID 33

Respectfully submitted,
HUNTON & WILLIAMS, LLP

By:

__/s/ Mark A. Melton___________


Mark A. Melton
State Bar No. 24065734
mmelton@hunton.com

Fountain Place
1445 Ross Avenue
Suite 4700
Dallas, Texas 75205
214 979-2952 Telephone
214 979-3939 Facsimile
COUNSEL FOR PLAINTIFFS

Plaintiffs Original Petition, Emergency Petition, Emergency Application


for Ex-Parte Temporary Restraining Order and Temporary and Permanent
Injunction, Petition for Declaratory Judgment and Request for Disclosure

Page 16

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 23 of 41 PageID 34

CAUSE NO. _ _ _ _ __
LISA R. GARZA-SELCER,
SHELBY HALL L.L.C., and
SHELBY HALL BEVERAGE, LLC
Plaintiff,,

v.
1600 PACIFIC SUBTENANT, LLC,
HRI PROPERTIES, LLC, and
HCI CONSTRUCTION, LLC,
Defendants.

IN THE DISTRICT COURT

_ _ JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

VERIFICATION

STATE OF TEXAS
COUNTY OF DALLAS

BEFORE ME, the und ersigned Notary Public, personally appeared Lisa R. GarzaSdcer, known to me to be the person whose name is subscribed below and, being duly
sworn upon her oath, declared that she is a Plaintiff, indi idually, and the auth orized
representative of Shelb y Hall, LLC and Shelby Hall Beverage LLC in the above styled and
numbered cause, that she has read the foregoing Plaintiffs' Original Petition, E mergency
.Application for Ex-Parte Temporaq Restraining Order and for Temporary and Permanent
Injunction, P etition for D eclaratory Judgment and Request for Disclosure and that the
factu al allegations contained therein are within her personal knowledge and are true and
correct.

SWQ!~N TO AND SUBSCRIBED before 111~e_Qy Lisa JLGarza-Selcer_o_tUhis, th e_3D_:__day

of O ctober, 2015 , in witness whereof I have affL'<

,,...,,,
$$W !'.~':;,,

!~::::A.::::~~

;">-\'JX(.:i?t
~tr,;~:.~~~,.:-

PATRICIA K. HARPER
Notary Public. State of Texas
My Commission Expires

Ve rification

y hand and seal of office.

Notary Public in and for


the State of Te,as

July 22, 2017

Page Solo

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 24 of 41 PageID 35

EXHIBIT A-3

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 25 of 41 PageID

FILED
DALLAS COUNTY
3611/11/2015 2:30:48 PM
FELICIA PITRE
DISTRICT CLERK

HUNTON & WILLIAMS LLP


FOUNTAIN PLACE
1445 ROSS AVENUE
SUITE 3700
DALLAS, TEXAS 75202-2799

Freeney Anita

TEL 214 979 3000


FAX 214 880 0011

JANINE SCHIELL
DIRECT DIAL: 214.468.3518
EMAIL: jschiell@hunton.com

November 11, 2015

FILE NO: 99997.32607

Via E-filing Request


Felicia Pitre, District Clerk
Dallas District Courts
Re:

Envelope Number: 7747447 (Corrected)


Cause No. DC-15-13301; Issue Citations

Dear Ms. Pitre:


Please issue the citations referenced in paragraphs 5-7 of Plaintiffs Original Petition,
Emergency Petition, etc. in the above-referenced cause. I will provide the copies for the
citations. Please contact me when they are available for pick-up; we have arranged private
process serving. Thank you.
Sincerely,
/s/ Janine Schiell
Janine Schiell
Senior Paralegal
jls

ATLANTA AUSTIN BANGKOK BEIJING BRUSSELS CHARLOTTE DALLAS HOUSTON LONDON LOS ANGELES
McLEAN MIAMI NEW YORK NORFOLK RALEIGH RICHMOND SAN FRANCISCO TOKYO WASHINGTON
www.hunton.com

99997.032607 EMF_US 58095692v1

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 26 of 41 PageID 37

EXHIBIT A-4

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 27 of 41 PageID 38

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 28 of 41 PageID 39

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 29 of 41 PageID 40

EXHIBIT A-5

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 30 of 41 PageID 41

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 31 of 41 PageID 42

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 32 of 41 PageID 43

EXHIBIT A-6

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 33 of 41 PageID 44

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 34 of 41 PageID 45

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 35 of 41 PageID 46

EXHIBIT A-7

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 36 of 41 PageID 47

CAUSE NO. DC-15-13301


LISA R. GARZA-SELCHER, SHELBY
HALL L.L.C., and SHELBY HALL
BEVEREAGE, LLC
Plaintiff(s),

IN THE DISTRICT COURT

160TH JUDICIAL DISTRICT

1600 PACIFIC SUBTENANT, LLC, HRI


PROPERTIES, LLC, and HCI
CONSTRUCTION, LLC
Defendant(s).

vs.

DALLAS COUNTY, TEXAS

RETURN OF SERVICE
Came to my hand on Tuesday, November 17, 2015at10:37 AM,
Executed at: 1999 BRYAN STREET, SUITE 900, DALLAS, TX 75201
within the county of DALLAS at 11:04 AM, on Tuesday, November 17, 2015,
by individually and personally delivering to the within named:
HCI CONSTRUCTION, LLC

By delivering to its' Registered Agent, CT CORPORATION SYSTEM


By delivering to its' Authorized Agent, TRACY HOLLYWOOD
a true copy of this
CITATION, PLAINTIFFS' ORIGINAL PETITION, EMERGENCY APPLICATION FOR EXPARTE TEMPORARY RESTRAINING ORDER AND FOR TEMPORARY AND
PERMANENT INJUNCTION, PETITION FOR DECLARATORY JUDGMENT AND
REQUEST FOR DISCLOSURE and VERIFICATION

having first endorsed thereon the date of the delivery.


BEFORE ME, the undersigned authority, on this day personally appeared Joe Clewis who after being duly sworn on
oath states: "My name is Joe Clewis. I am a person over eighteen (18) years of age and I am competent to make this
affidavit. I am a resident of the State of Texas. I have personal knowledge of the facts and statements contained in this
affidavit and aver that each is true and correct. I am not a party to this suit nor related or affiliated with any herein, and
have no interest in the outcome of the suit. I have never been convicted of a felony or of a misdemeanor involving moral
turpitude. I am familiar with the Texas Rules of Civil ProcedW'e, and the Texas Practice and Remedies Codes as they
apply to service of process. I am approved by the Supreme Court of Texas, Misc. Docket No. 05-9122 under Rule I03 and
501.2 of the TRCP to deliver citations and other notices from any District, County and Justice Courts in and for the State
of Texas."

Joe Clewis
Of:

By:
Authorized

Subscribed and Sworn to by Joe Clewis, Before Me, the undersign


of November, 2015.

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 37 of 41 PageID 48

A'ITY

FORM NO. 353-3 - CITATION

THE STATE OF TEXAS

CITATION

To:
HCI CONSTRUCTION, LLC
1999 BRYAN STREET, SUITE 900
DALLAS TX 75201

GREETINGS:
You have been sued. You may employ an attorney. If you or your attorney do not file a written
answer with the clerk who issued this citation by I 0 o'clock am. of the Monday next following the
expiration of twenty days after you were served this citation and petition, a default judgment may be
taken against you. Your answer should be addressed to the
clerk of the 160tli District Court at 600 Commerce Street, Ste. 101, Dallas, Texas 75202.

DC-15-13301
LISA R GARZA-SELCER, et al
vs.
1600 PACIFIC SUBTENANT LLC,
al

Said Plaintiff being USA R GARZA-SELCER


Filed in said Court 30th day of October, 2015 against

ISSUED IBIS
16th day of November, 2015

1600 PACIFIC SUBTENANT LLC AND HCI CONSTRUCTION, LLC

For Suit, said suit being numbered DC-15-13301, the nature of which deman~ is as follows:
Suit on CNTR CNSMR COM DEBT etc. as shown on said petition REQ FOR DISCLOSURE,
a copy of which accompanies this citation. If this citation is not served, it shall be returned
unexecuted.
WITNESS: FELICIA PITRE, Clerk of the District Courts of Dallas, County Texas.
Given under my hand and the Seal of said Court at office this 16th day of November, 2015.
ATTEST: FELICIA PITRE, C
By _

FELICIA PITRE
Clerk District Courts,
Dallas County, Texas

By: ALTHA MILES, Deputy

Attorney for Plaintiff

MARK A MELTON

fthe District Courts of Dallas, County, Texas

1445 ROSS AVENUE


SUITE3700
DALLAS TX 75202
214-979-2952

<l_(J:;l'd~ _ b.J YL.J R () , Deputy

n.ALLASCOUNTY c~
FEES
PAID

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 38 of 41 PageID 49

OFFICER'S RETURN

Case No.: DC-15-13301


Court No. 160th District Court
Style: LISA R GARZA-SELCER. et al

vs.
1600 PACIFIC SUBTENANT LLC, ct al

Came to band on the

day of

within the County of


20

20
at

...

.M. on the

o'cl~

by delivering to the within named

.M. Executed at----------~

o'clock

at

day of._ _ _ _ _ _ _ _ _ _ _ _ _ __,

11i,,.!~A... ,. .,.,._

4l'IJ:-.c=-1... 41"~ -

each. in person, a true copy of this Citation together with the accompanying copy of this p;_.~4&.:~~rscd on same date of delivery. The distance actually traveled by
me in serving such process was

~.

miles and my fees are as follows: To certify which witness m~.

For serving Citation

$_ _ __

For mileage

$._ __

of

For Notary

$_ __

By

County, _ _ _ _ _ __

peputy

(Must be verified if served outside the State of Texas.)

Signed and sworn to by the said

before me this

~of

20_ __,

to certify which witness my hand and seal of office.

Notary Public

,.

County_ _ _ _ __

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 39 of 41 PageID 50

CAUSE NO. DC-15-13301


LISA R. GARZA-SELCHER, SHELBY
HALL L.L.C., and SHELBY HALL
BEVEREAGE, LLC
Plaintiff(s),

vs.

1600 PACIFIC SUBTENANT, LLC, HRI


PROPERTIES, LLC, and HCI
CONSTRUCTION, LLC
Defendant(s).

IN THE DISTRICT COURT

160TH JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

RETURN OF SERVICE
Came to my hand on Tuesday, November 17, 2015at10:37 AM,
Executed at: 1999 BRYAN STREET, SUITE 900, DALLAS, TX 75201
within the county of DALLAS at 11:04 AM, on Tuesday, November 17, 2015,
by individually and personally delivering to the within named:
1600 PACIFIC SUBTENANT LLC
By delivering to its' Registered Agent, CT CORPORATION SYSTEM
By delivering to its' Authorized Agent, TRACY HOLLYWOOD
a true copy of this
CITATION, PLAINTIFFS' ORIGINAL PETITION, EMERGENCY APPLICATION FOR EXPARTE TEMPORARY RESTRAINING ORDER AND FOR TEMPORARY AND
PERMANENT INJUNCTION, PETITION FOR DECLARATORY JUDGMENT AND
REQUEST FOR DISCLOSURE and VERIFICATION
having first endorsed thereon the date of the delivery.
BEFORE ME, the undersigned authority, on this day personally appeared Joe Clewis who after being duly sworn on
oath states: "My name is Joe Clewis. I am a person over eighteen (18) years of age and I am competent to make this
affidavit. I am a resident of the State of Texas. I have personal knowledge of the facts and statements contained in this
affidavit and aver that each is true and correct. I am not a party to this suit nor related or affiliated with any herein, and
have no interest in the outcome of the suit. I have never been convicted of a felony or of a misdemeanor involving moral
turpitude. I am familiar with the Texas Rules of Civil Procedure, and the Texas Practice and Remedies Codes as they
apply to service of process. I am approved by the Supreme Court of Texas, Misc. Docket No. 05-9122 under Rule 103 and
501.2 of the TRCP to deliver citations and other notices from any District, County and Justice Courts in and for the State
of Texas."

Joe Clewis
Of:
By:
Authorized Pe

Subscribed and Sworn to by Joe Clewis, Before Me, the undersigne


of November, 2015.

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

r"
r-n
;-\'
1.-1

FORM NO. 353-3 - CITATION

'fHE STATE OF TEXAS

Page 40 of 41 PageID 51

'

l>..-

L- \...-"'

1.illS NO'I \ 1 .PM \: 23

ATTY

CITATION

To:

1600 PACIFIC SUBTENANT LLC


1999 BRYAN STREET, SUITE 900
DALLAS TX 75201

.a.

GREETINGS:
You have been sued. You may employ an attorney. If you or your attorney do not file a written
answer with the clerk who issued this citation by l 0 o'clock a.m. of the Monday next following the
expiration of twenty days after you were served this citation and petition, a default judgment may be
taken against you. Your answer should be addressed to the
clerk of the 160th District Court at 600 Commerce Street, Ste. 101, Dallas, Texas 75202.

DC-15-13301
LISA R GARZA-SELCER, et al
vs.
1600 PACmc SUBTENANT LLC,.
al

Said Plaintiff being LISA.R GARZA-SELCER

ISSUEDTIUS
16th day of November, 2015

Filed in said Court 30th day of October, 2015 against


1600 PACMC SUBTENANT LLC AND HCI CONSTRUCTION, LLC
For Suit, said suit being numbered DC-15-13301, the nature of which demand is as follows:
Suit on CNTR CNSMR COM DEBT etc. as shown on said petition REQ FOR DISCLOSURE,
a copy of which accompanies this citation. If this citation is not served, it shall be returned
unexecuted.

WITNESS: FELICIA PITRE, Clerk of the District Courts of Dallas, County Texas.
Given under my hand and the Seal of said Court at office this 16th day of November, 2015.

AITEST: FELICIA PITRE, C..Je~ of the District Courts of Dallas, County, Texas

FELICIA PITRE
Clerk District Courts,
Dallas County, Texas

By: ALTIIA MILES, Deputy

Attorney for Plaintiff

MARK A MELTON
1445 ROSS A VENUE

By

-4 ~ ..-='"h{f Y( Awt/j/..)

Deputy

SUITE3700
DALLAS TX 75202
214-979-2952

DALLAS COUNTY co~


FEES
PAID

Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15

Page 41 of 41 PageID 52

OFFICER'S RETURN
Case No.: DC-15-13301

Court No.160th District Court


Style: LISA R GARZA-SELCER. et al

vs.

1600 PACIFIC SUBTENANT LLC, et al

Came to hand on the

day of

at

within the County of


20

20

.M. on the

o'clock

by delivering to the within named

.M. Executed at-----------~

o'cloclc.

at

t'* 81;k

day ofc___ _ _ _ _ _ _ _ _ _ _ _ _ __,

~*~:~.,..,..A_
'"rF/J't_.,Ch~--

each. in person, a true copy of this Citation together with the accompanying copy of this J'Rll!llft)',!.~ ~on same date of delivery. The distance actually traveled by
me in serving such process was

miles and my fees are as follows: To certify which

For serving Citation

$_ _ __

For mileage

$_ __

of

For Notary

s___

By

wi~ihf.Jrnd.

Couney, _ _ _ _ _ __

Deputy

(Must be verified if served outside the State ofTexas.)

Signed and sworn to by the said

before me this

day of

20_ _. J

to certify which witness my hand and seal of office.

Notary Public

County_ _ _ _ __

Case 3:15-cv-03791-N Document 1-2 Filed 11/24/15

Page 1 of 2 PageID 53

EXHIBIT B

Case 3:15-cv-03791-N Document 1-2 Filed 11/24/15

Page 1 of 1
Page 2 of 2 PageID 54

Skip to Main Content Logout My Account Search Menu New Civil District Search Refine Search Back

Location : All District Civil Courts Images Help

REGISTER OF ACTIONS
CASE NO. DC-15-13301
LISA GARZA-SELCER, et al vs. 1600 PACIFIC SUBTENANT LLC, et al

Case Type: CNTR CNSMR COM DEBT


Date Filed: 10/30/2015
Location: 160th District Court

PARTY INFORMATION
Lead Attorneys
DEFENDANT 1600 PACIFIC SUBTENANT LLC
DEFENDANT HCI CONSTRUCTION LLC
DEFENDANT HRI PROPERTIES LLC
PLAINTIFF

GARZA-SELCER, LISA R

MARK A MELTON
Retained
214-979-2952(W)

PLAINTIFF

SHELBY HALL BEVERAGE LLC

MARK A MELTON
Retained
214-979-2952(W)

PLAINTIFF

SHELBY HALL LLC

MARK A MELTON
Retained
214-979-2952(W)
EVENTS & ORDERS OF THE COURT

10/30/2015
10/30/2015
10/30/2015
11/11/2015
11/16/2015
11/16/2015
11/16/2015
11/16/2015

OTHER EVENTS AND HEARINGS


NEW CASE FILED (OCA) - CIVIL
CASE FILING COVER SHEET
CASE INFORMATION SHEET
ORIGINAL PETITION
PETITION AND EMERGENCY APPLICATION FOR TRO
COA - CORRESPONDENCE LETTER
Letter Request for Citations to be issued
ISSUE CITATION
ISSUE CITATION COMM OF INS OR SOS
9214 8901 0661 5400 0074 2130 43
CITATION SOS/COI/COH/HAG
CERTMAIL/AM
HRI PROPERTIES LLC
Unserved
CITATION
ATTY/AM
1600 PACIFIC SUBTENANT LLC
Served
Returned
HCI CONSTRUCTION LLC
Served
Returned

11/17/2015
11/17/2015
11/17/2015
11/17/2015

FINANCIAL INFORMATION

PLAINTIFF GARZA-SELCER, LISA R


Total Financial Assessment
Total Payments and Credits
Balance Due as of 11/24/2015
10/30/2015 Transaction Assessment
10/30/2015 CREDIT CARD - TEXFILE
Receipt # 64867-2015-DCLK
(DC)
11/16/2015 Transaction Assessment
11/16/2015 CREDIT CARD - TEXFILE
Receipt # 67789-2015-DCLK
(DC)
11/16/2015 Transaction Assessment
11/16/2015 PAYMENT (CASE FEES) Receipt # 67849-2015-DCLK

425.00
425.00
0.00
287.00
GARZA-SELCER, LISA R

(287.00)

GARZA-SELCER, LISA R

(130.00)

130.00

HUNTON WILLIAMS

http://courts.dallascounty.org/CaseDetail.aspx?CaseID=5043548

8.00
(8.00)

11/24/2015

Case 3:15-cv-03791-N Document 1-3 Filed 11/24/15

Page 1 of 7 PageID 55

EXHIBIT C

Case 3:15-cv-03791-N Document 1-3 Filed 11/24/15

Page 2 of 7 PageID 56

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

LISA R. QARZA-SELCER. SHELBY HALY


Plaintiff
v.

Civil Action No.

1600 PACIFIC SUBTENANT, LLC, HRI PRli


Defendant
CERTIFJCATE OF INTERESTEQ PERSONS
{This fonn also satisfies Fed. R. Civ. P. 7.1)

Pursuant to Fed. R. Civ. P. 7.1 and LR 3.l(c), LR 3.2(e), LR 7.4, LR 81.l(a)(4)(D), and LR 81.2,
1600 PACIFIC SUBTENANT, LLC

provides the following information:


For a nongovernmental corporate party, the name(s) of its parent corporation and any
publicly held corporation that owns 10% or more of its stock (if none, state "None"):
*Please separate names with a comma. Only text visible within box will print.

None

A complete list of all persons, associations of persons, firms, partnerships, corporations,


guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are
financially interested in the outcome of the case:
*Please separate names with a comma. Only text visible within box will print.

Lisa R. Garza-Selcer, Shelby Hall L.L.C., Shelby Hall Beverage, LLC, Hunton & Williams
1600 Pacific Subtenant, LLC, HRI Properties, LLC, HCI Construction, LLC, Historic
Restoration, Incorporated, HRIP Holdings, LLC, LegacyCo, LLC, M. Pres Kabacoff, A.
Thomas Leonhard, Jr., Edward Boettner, Gary Meadows, HRI Boettner Family Trust, Edward
Boettner, trustee, Haynes and Boone, LLP

Case 3:15-cv-03791-N Document 1-3 Filed 11/24/15

Page 3 of 7 PageID 57

Date:

November 24. 2015

Signature:

Isl Aime M. Furness

Print Name:

Aimee M. Furness

Bar Number:

24026882

Address:

232J Victon: Av~ .. Suite 700

City, State, Zip:


Telephone:
Fax:
E-Mail:

Dallas. Texas 75219


214-651-5009
2I4-651-5690
!limee.fymess@haynesbo9ne.co.a

NOTE: To electronically file this document, you will find the event in our Case Management (CM/ECF) system, under Civil/Other
Documents/Certificate of Interested Persons

Case 3:15-cv-03791-N Document 1-3 Filed 11/24/15

Page 4 of 7 PageID 58

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

LISA R. GARZA-SELCER. SHELBY HAL1tJ


Plaintiff

v.

Civil Action No.

1600 PACIFIC SUBTENANT1 LLC, HRI PBIJ


Defendant

CERTIFICATE QF INTERSTED PERSONS


(This form also satisfies Fed. R. Civ. P. 7.1)

Pursuant to Fed. R. Civ. P. 7.1 and LR 3.l(c), LR 3.2(e), LR 7.4, LR 81.l(a)(4)(D), and LR 81.2,
HRI PROPERTIES, LLC

provides the following information:


For a nongovernmental corporate party, the name(s) of its parent corporation and any
publicly held corporation that owns 10% or more of its stock (if none, state "None"):
*Please separate names with a comma. Only text visible within box will print.
None

A complete list of all persons, associations of persons, firms, partnerships, corporations,


guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are
financially interested in the outcome of the case:
*Please separate names with a comma. Only text visible within box will print.
Lisa R. Garza-Selcer, Shelby Hall L.L.C., Shelby Hall Beverage, LLC, Hunton & Williams
1600 Pacific Subtenant, LLC, HRI Properties, LLC, HCI Construction, LLC, Historic
Restoration, Incorporated, HRIP Holdings, LLC, LegacyCo, LLC, M. Pres Kabacoff, A.
Thomas Leonhard, Jr., Edward Boettner, Gary Meadows, HRI Boettner Family Trust, Edward
Boettner, trustee, Haynes and Boone, LLP

Case 3:15-cv-03791-N Document 1-3 Filed 11/24/15

Page 5 of 7 PageID 59

Date:

November 24. 2015

Signature:

Isl Aimee M. Eurness

Print Name:

Aimee M. Furness

Bar Number:

24026882

Address:

2323 Victory Ave .. Suite 7QO

City, State, Zip:

Dallas. Texas 75219

Telephone:

214-651-5000

Fax:

E-Mail:

214-651-~620

ajmee.fume~s@haynesboooe.coa

NOTE: To electronically file this document, you will find the event in our Case Management (CM/ECF) system, under Civil/Other
Documents/Certificate of Interested Persons

Case 3:15-cv-03791-N Document 1-3 Filed 11/24/15

Page 6 of 7 PageID 60

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

LISA R. GARZA-SELCER. SHELBY HALY


Plaintiff

v.

Civil Action No.

1600 PACIFIC SUBTENANT, LLC, HRI PR(i


Defendant

CERTIFICATE OF INTERESTED PERSONS


(This fonn also satisfies Fed. R. Civ. P. 7.1)

Pursuant to Fed. R. Civ. P. 7.1 and LR 3.l(c), LR 3.2(e), LR 7.4, LR 81.l(a)(4)(D), and LR 81.2,
HCI CONSTRUCTION, LLC

provides the following information:


For a nongovernmental corporate party, the name(s) of its parent corporation and any
publicly held corporation that owns 10% or more of its stock (if none, state "None"):
*Please separate names with a comma. Only text visible within box will print.
None

A complete list of all persons, associations of persons, firms, partnerships, corporations,


guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are
financially interested in the outcome of the case:
*Please separate names with a comma. Only text visible within box will print.
Lisa R. Garza-Selcer, Shelby Hall L.L.C., Shelby Hall Beverage, LLC, Hunton & Williams
1600 Pacific Subtenant, LLC, HRI Properties, LLC, HCI Construction, LLC, Historic
Restoration, Incorporated, HRIP Holdings, LLC, LegacyCo, LLC, M. Pres Kabacoff, A.
Thomas Leonhard, Jr., Edward Boettner, Gary Meadows, HRI Boettner Family Trust, Edward
Boettner, trustee, Haynes and Boone, LLP

Case 3:15-cv-03791-N Document 1-3 Filed 11/24/15

Page 7 of 7 PageID 61

Date:

November 24. 2015

Signature:

Isl Aimee M. Furness

Print Name:

Aimee M. Furness

Bar Number:

24026882

Address:

2323 Victory Ay~ .. Suite 7QO

City, State, Zip:

Pallas. Texas 75219

Telephone:

214-651-5000

Fax:

214-651-5()90

E-Mail:

aimee.furnes@haynesboone.coa

NOTE: To electronically file this document, you will find the event in our Case Management (CM/ECF) system, under Civil/Other
Documents/Certificate of Interested Persons

Case 3:15-cv-03791-N Document 1-4 Filed 11/24/15

CIVIL COVER SHEETPage 1 of 1 PageID 62

JS 44-TXND (Rev. 12/12)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Lisa R. Garza-Selcer, Shelby Hall L.L.C., and Shelby Hall Beverage, LLC 1600 Pacific Subtenant, LLC, HRI Properties, LLC, and HCI
Construction, LLC
(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

Dallas County, Texas

(EXCEPT IN U.S. PLAINTIFF CASES)


NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Mark Melton, Hunton & Williams, LLP, Fountain Place


1445 Ross Avenue, Suite 4700, Dallas, TX 75205, 214-979-2952

II. BASIS OF JURISDICTION (Place an X in One Box Only)


1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

Aimee Furness, Haynes and Boone, LLP, 2323 Victory Avenue, Suite
700, Dallas, Texas 75219, 214-651-5000

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

IV. NATURE OF SUIT (Place an X in One Box Only)


CONTRACT

(For Diversity Cases Only)


PTF
Citizen of This State
1

DEF
1

Citizen of Another State

Incorporated and Principal Place


of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

Orleans Parish, Louisiana

(IN U.S. PLAINTIFF CASES ONLY)


IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure


of Property 21 USC 881
690 Other

and One Box for Defendant)


PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS


870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES

375 False Claims Act


400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)


1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

28 USC 1332, 1441, 1446

VI. CAUSE OF ACTION Brief description of cause:

Plaintiffs allege causes of action for breach of contract, fraud, tortious interference

CHECK IF THIS IS A CLASS ACTION


VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED PENDING OR CLOSED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

DEMAND $

1,000,000.00

CHECK YES only if demanded in complaint:


Yes
No
JURY DEMAND:
DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Aimee M. Furness

11/24/2015
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

Print

APPLYING IFP

Save As...

JUDGE

MAG. JUDGE

Reset

Case 3:15-cv-03791-N Document 1-5 Filed 11/24/15

Page 1 of 3 PageID 63

Supplemental Civil Cover Sheet


Page 1 of 2

Supplemental Civil Cover Sheet for Cases Removed


From State Court

This form must be attached to the Civil Cover Sheet at the time the case is filed in the U.S. District
Clerks Office. Additional sheets may be used as necessary.

1. State Court Information:


Please identify the court from which the case is being removed and specify the number assigned
to the case in that court.
Court
160th District Court Dallas County, Texas

Case Number
DC-15-13301

2. Style of the Case:


Please include all Plaintiff(s), Defendant(s), Intervenor(s), Counterclaimant(s), Crossclaimant(s)
and Third Party Claimant(s) still remaining in the case and indicate their party type. Also, please
list the attorney(s) of record for each party named and include their bar number, firm name,
correct mailing address, and phone number (including area code).
Party and Party Type

Attorney(s)

See Attached

3. Jury Demand:
Was a Jury Demand made in State Court?

Yes

No

If Yes, by which party and on what date?


___________________________________
Party

______________________
Date

Case 3:15-cv-03791-N Document 1-5 Filed 11/24/15

Page 2 of 3 PageID 64

Supplemental Civil Cover Sheet


Page 2 of 2

4. Answer:
Was an Answer made in State Court?

Yes

No

If Yes, by which party and on what date?


___________________________________
Party

______________________
Date

5. Unserved Parties:
The following parties have not been served at the time this case was removed:
Reason(s) for No Service

Party

6. Nonsuited, Dismissed or Terminated Parties:


Please indicate any changes from the style on the State Court papers and the reason for that
change:
Party

Reason

None

7. Claims of the Parties:


The filing party submits the following summary of the remaining claims of each party in this
litigation:
Party
Plaintiffs

Claim(s)
Declaratory Judgment, Breach of Contract, Fraud, Tortious
Interference with a Contract, Tortious Interference with
Prospective Business Relations

Case 3:15-cv-03791-N Document 1-5 Filed 11/24/15

Page 3 of 3 PageID 65

Supplemental Civil Cover Sheet for Cases Removed


From State Court
2. Style of the Case:
Please include all Plaintiff(s), Defendant(s), Intervenor(s), Counterclaimant(s),
Crossclaimant(s) and Third Party Claimant(s) still remaining in the case and
indicate their party type. Also, please list the attorney(s) of record for each party
named and include their bar number, firm name, correct mailing address, and
phone number (including area code).
Plaintiffs:
Lisa R. Garza-Selcer
Shelby Hall L.L.C.
Shelby Hall Beverage, LLC
Attorney of Record for Plaintiffs:
Mark Melton
Texas Bar No. 24065734
Hunton & Williams LLP
Fountain Place
1445 Ross Avenue, Suite 4700
Dallas, TX 75205
Phone: 214.979.2952
Defendants:
1600 Pacific Subtenant, LLC
HRI Properties, LLC
HCI Construction, LLC
Attorney of Record for Defendants:
Aimee M. Furness
Texas Bar No. 24026882
Haynes and Boone, LLP
2323 Victory Avenue, Suite 700
Dallas, Texas 75219
Phone: 214-651-5000