Shelby Hall-Lisa Garza Lawsuit

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
I.
1.
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
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
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
1.
9.
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
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
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
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
III.
26.
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
Dated: November 24, 2015
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
HCI CONSTRUCTION, LLC
NOTICE OF REMOVAL
15460106.2
Page 10
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.

Aimee M. Furness
NOTICE OF REMOVAL
15460106.2
Page 11
Case 3:15-cv-03791-N Document 1-1 Filed 11/24/15
EXHIBIT A
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
Plaintiffs,
v.
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)

15466469.1
Page 1
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.

15466469.1
Page 2
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.
EXHIBIT A-2
Lantz Sandra
DC-15-13301
CAUSE NO. ________________
Plaintiffs ,
v.
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
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:
Page 2
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
Page 3
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.

Page 4
13.
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)

Page 5
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

Page 6
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
Page 7
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

Page 8
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

Page 9
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
Page 10
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

Page 11
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

Page 12
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
Page 13
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;

Page 14
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.

Page 15
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

Page 16
CAUSE NO. _ _ _ _ __
SHELBY HALL BEVERAGE, LLC
Plaintiff,,
v.
Defendants.
_ _ JUDICIAL DISTRICT
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
EXHIBIT A-3
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
EXHIBIT A-4
EXHIBIT A-5
EXHIBIT A-6
EXHIBIT A-7
CAUSE NO. DC-15-13301

LISA R. GARZA-SELCHER, SHELBY
HALL L.L.C., and SHELBY HALL
BEVEREAGE, LLC
Plaintiff(s),
160TH JUDICIAL DISTRICT
1600 PACIFIC SUBTENANT, LLC, HRI

PROPERTIES, LLC, and HCI
CONSTRUCTION, LLC
Defendant(s).
vs.
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:
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.
A'ITY
FORM NO. 353-3 - CITATION
THE STATE OF TEXAS
CITATION
To:
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
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_ _ _ _ __
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).
160TH JUDICIAL DISTRICT
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.
r"
r-n
;-\'
1.-1
FORM NO. 353-3 - CITATION
'fHE STATE OF TEXAS
'
l>..-
L- \...-"'
1.illS NO'I \ 1 .PM \: 23
ATTY
CITATION
To:

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,
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
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_ _ _ _ __
EXHIBIT B
Page 1 of 1
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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
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 CREDIT CARD - TEXFILE
Receipt # 67789-2015-DCLK
(DC)
11/16/2015 PAYMENT (CASE FEES) Receipt # 67849-2015-DCLK
425.00
425.00
0.00
287.00
(287.00)
(130.00)
130.00
HUNTON WILLIAMS
http://courts.dallascounty.org/CaseDetail.aspx?CaseID=5043548
8.00
(8.00)
11/24/2015
EXHIBIT C
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:
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
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

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)
HRI PROPERTIES, LLC

None

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

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)

None

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
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
(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
11/24/2015
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
Print
APPLYING IFP
Save As...
JUDGE
MAG. JUDGE
Reset
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
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
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

Shelby Hall-Lisa Garza Lawsuit

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

IN THE UNITED STATES DISTRICT COURT

Civil Action No. ____________________

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

The State Court Action

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

Furthering the revitalization of Downtown Dallas, HRI Properties,

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

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

following documents are attached to this Notice of Removal:

Index of documents filed with Defendants Notice of

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

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

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

A copy of the docket sheet in the State Court Action

Defendants separately signed Certificates of lnterested

Original Subject-Matter Jurisdiction

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

Complete diversity of citizenship exists among Plaintiffs and all

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

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

For diversity jurisdiction purposes, a limited liability company is a

Plaintiff Shelby Hall is a Texas limited liability company. Upon

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

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

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

Action was filed, citizens of Louisiana.

For diversity jurisdiction purposes, a limited liability company is a

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

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

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

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

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

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

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

Therefore, complete diversity of citizenship exists between

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

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

exclusive of interest and costs.

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

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

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

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

It is facially apparent from reviewing Plaintiffs allegations and claims

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

Further, Plaintiffs allege that Defendants are jointly and severally

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

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

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

Other Procedural Requirements

Immediately following the filing of this Notice of Removal, written

Removing Defendants will promptly file a copy of this Notice of

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

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

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

Dated: November 24, 2015

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

/s/ Aimee M. Furness

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

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

IN THE UNITED STATES DISTRICT COURT

Civil Action No. ____________________

INDEX OF DOCUMENTS FILED

Index of documents filed with Defendants Notice of

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

INDEX OF DOCUMENTS FILED