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Cause No. 39329; Frank Truksa, et al. v. Tom Durham, et al; in the 412th Judicial District Court of Brazoria County, Texas
Comments No. Document Attorney Date
140 current and former property owners
filed suit against 6 then-current directors,
1 former director, the operations manager
(the “Individual Defendants”) and 2
attorneys (the “Attorney Defendants”).
Does NOT name POATRI as a party,
only the Individual and Attorney Jerry Conner
Defendants. All originally named (attorney at law –
Plaintiffs are attached as Exhibit “A.” 1 Plaintiffs' Original Petition Houston, TX) 8/11/2006
Motion to Transfer Venue to Brewster Defendants' (Tom Durham, Janet
County, Texas and Original Answer of 6 Sullivan, Liz Demitri, TJ Ramey,
then-current directors, 1 former director Virgil Evans, Jack Stanton, Alan
and the operations manager. (the Baker & Alida Lorio) Motion to David Kitner & Jadd
“Individual Defendants”) Transfer Venue and Special Masso
Exceptions and Original Answer (STRASBURGER &
2 Subject Thereto PRICE – Dallas, TX) 9/7/2006
Discovery: Request for production of Plaintiffs' First Request for
documents. Production to Defendants Durham,
Sullivan, Demitri, Ramey, Evans,
3 Stanton, Baker & Lorio Conner 9/26/2006
Discovery: Request for admissions of Plaintiffs' Request for Admissions
fact. 4 (to all named Defendants) Conner 9/26/2006
Attorney Defendant Meade’s pro se Defendant's (Kirk Meade) Motion
Motion to Transfer Venue and Original to Transfer Venue and Special
Answer. Exceptions and Original Answer
5 Subject Thereto Meade (pro se) 9/26/2006
Attorney Defendant Nehring’s pro se Defendant's (Kay Nehring) Motion
Motion to Transfer Venue and Original to Transfer Venue and Special
Answer. Exceptions and Original Answer
6 Subject Thereto Nehring (pro se) 9/26/2006
Discovery: Request for disclosures
pursuant to Texas Rules of Civil Defendants' Request for Disclosure
Procedure Rule 194. 7 to Plaintiffs Kitner 10/4/2006
Discovery: Interrogatories and request Defendants' First and Second Sets
for production of documents to all of Interrogatories and Requests for
Plaintiffs. 8 Production to Plaintiffs Kitner 10/4/2006
Discovery Response: Individual Defendants' Responses to Plaintiff
Defendants’ responses to request for Frank Truska's Requests for
admissions. 9 Admissions Kitner 10/4/2006
Pleading: Plaintiffs’ response to all Plaintiffs' Response to Defendants'
defendants’ motions to transfer venue. 10 Motion to Transfer Venue Kitner 10/16/2006
Attorney Randy Rouse makes appearance Randall Rouse
as attorney of record for Attorney (LYNCH, CHAPPELL
Defendants Kirk Meade and Kay Entry and Notice of Appearance & ALSUP, P.C. -
Nehring. 11 on behalf of Meade and Nehring Midland, Texas) 10/20/2006
Discovery Response: All Plaintiffs’ Plaintiff's [not specific] Objections
objections to Individual Defendants’ and Response to Defendants' First
request for production of documents. 12 Requests for Production Conner 10/25/2006
Discovery Response: All Plaintiffs’ Plaintiff's [Truksa] Objections and
objections to Individual Defendants’ Second Response to Defendants'
second request for production of First Requests for Production I'm
documents. not sure if Conner dated this
correctly, because it's the same
13 date as the original responses Conner 10/25/2006
2
Discovery Response: Individual Defendants' Objections and
Defendants’ responses and objections to Responses to Plaintiff Truska's
request for production of documents. First Requests for Production and
14 certificate of written discovery Kitner 10/26/2006
Discovery Response: Plaintiffs’ response
to TRCP Rule 194 request for disclosure.
Plaintiffs' Response to
15 Defendants' Request for Disclosure Conner 11/1/2006
Pleading: Plaintiffs’ motion seeking
protective order to limit scope and
manner of discovery. Plaintiffs' Motion for Protective
16 Order Conner 11/1/2006
Pleading: Plaintiffs’ motion seeking
additional time to respond to Individual
Defendants’ discovery requests. Plaintiffs' Motion to Extend Time
17 for Discovery Conner 11/1/2006
Discovery Response: Plaintiffs’ Plaintiffs' Objections and
responses to Individual Defendants’ first Response to First and Second Set
and second sets of interrogatories. of Interrogatories of Defendant the
certificate if service date on this is
18 "November, 2006" Conner 11/___2006
Order granting plaintiffs additional time
(60 days) to respond to Individual
Defendants’ discovery. Order Granting Plaintiffs' Motion
19 to Extend Time for Discovery Judge Denman 11/3/2006
3
Pleading: Attorney Defendants’ reply to
Plaintiffs’ response to motion to transfer Lawyer Defendants' Reply to
venue. Plaintiffs' Response to Defendants'
20 Motion to Transfer Venue Rouse 11/7/2006
Pleading: Individual Defendants’ reply in
support of transferring case to Brewster
County, Texas. Defendants' Reply in Support of
21 Motion to Transfer Venue Kitner 11/9/2006
Non-suit (i.e, dismisses from lawsuit) by
omission of original plaintiffs Sam
Sledge, William Love and Don Nowlin.
Glen Davis and Gault Partnership are also
non-suited at this time. The following are
ADDED as Plaintiffs: Edwin Dornbusch,
Frank M. Tatum, Jim Tippins, J.C.
Worcester and Art Worley. 22 Plaintiffs' First Amended Petition Conner 11/21/2006
Pleading: Plaintiffs seek leave of court to Plaintiffs' Motion for Permission to
file supplement to Don Mahan’s affidavit. File a Supplement to the Affidavit
of Don Mahan Contained in
Plaintiffs' Response to Defendants'
23 Motion to Transfer Venue Conner 11/21/2006
Hearing is held at Brazoria County
Courthouse. Don Mahan is present for
Plaintiffs. Rudy Cano is present for
POATRI. Kathleen O’Keefe, POATRI
Director, is also present. No testimony is
taken and Court only entertains argument
of counsel and evidence attached to Hearing held on Defendants’
motions and responses. Motion to Transfer Venue 11/21/06
4
Letter to Judge Denman providing
additional legal authority in support of
Individual Defendants’ motion to transfer Correspondence from Masso to
venue. 24 Judge Denman dated 11/27/06 Masso 11/27/2006
All remaining Plaintiffs, except those who
reside in Brazoria County, are non-suited.
This includes Don Mahan and Ron
Mahan, who are no longer Plaintiffs in the Non-Resident Plaintiffs' Motion
lawsuit. Only Frank Truksa, Andrew for Non-Suit all plaintiffs except
Guill and Jim Tippins remain as Frank Truska, Andrew Guill and
Plaintiffs. 25 Jim Tippins Conner 11/28/2006
Pleading: Plaintiffs’ memorandum of
legal authorities in support of denying Plaintiffs' Memorandum Brief in
motion to transfer venue. Support of Venue in Brazoria
26 County Conner 11/28/2006
Pleading: Individual Defendants’ Defendants' First Amended Motion
amended motion to transfer venue and to Transfer Venue and Special
exceptions to Plaintiffs’ Amended Exceptions and Answer Subject
Petition. 27 Thereto Masso 11/28/2006
Pleading: Letter to Judge Denman
providing additional legal authority on
motion to transfer venue. Correspondence from Masso to
28 Judge Denman dated 12/04/06 Masso 12/4/2006
Pleading: Plaintiffs’ objections to
amended motion to transfer venue filed Plaintiffs' Objection to Defendants'
by Individual Defendants. Amended Motion to Transfer
29 Venue Conner 12/4/2006
5
Pleading: Plaintiffs’ application for a Plaintiffs' Application for
temporary restraining order seeking an Temporary and Permanent
order prohibiting the POATRI BOD from Injunction with order setting
conducting Art. 3.11 hearings. hearing for 01/19/07 - it has been
30 rescheduled for 01/16/07 1:30 p.m. Conner 12/21/2006
Pleading: Plaintiffs’ notice of intent to Notice of Intention to Take Oral
depose Alida Lorio. Deposition [of Alida Lorio]
January 22, 2007 - it will actually
31 take place on January 23 Conner 12/22/2006
Pleading: Individual Defendants’ motion
to stop deposition of Alida Lorio.
Defendants' Motion to Quash
32 Deposition of Alida Lorio Masso 12/28/2006
Letter from Judge Denman informing the Correspondence from Judge
parties of his ruling denying all Denman to Counsel regarding
Defendants’ motions to transfer venue. denial of motion to transfer venue
and notice of status conference
33 setting. Judge Denman 1/2/2007
Pleading: Individual Defendants’
response to plaintiffs’ application for Defendants' Objections and
temporary restraining order. Response to Plaintiffs' Application
34 for Temporary Injunction Kitner 1/11/2007
Hearing is held at Brazoria County
Courthouse. Sam Sledge, Don Mahan,
Frank Truksa and Andrew Guill testify
for Plaintiffs. Rudy Cano testifies on Hearing held on Plaintiffs’ Motion
behalf of POATRI. for Temporary Restraining Order 01/16/07
6
Order: Agreed deadlines regarding
pleading amendments, expert
designations, trial setting, etc.
35 Agreed Scheduling Order 1/16/2007
Order: Judge Denman’s order determines
Brazoria County as county of proper
venue and establishes venue in Brazoria Order Denying Defendants'
County. 36 Motion to Transfer Venue Judge Denman 1/16/2007
Order: Agreed order to limit
dissemination of documents produced in
discovery and of deposition testimony.
37 Agreed Protective Order Conner/Rouse/Kitner 1/16/2007
Discovery Response: Plaintiff Guill’s
objections and responses to first and
Plaintiff's [Guill] Objections and
second interrogatories of Individual
Response to First and Second Set
Defendants.
of Interrogatories of Defendant
38 [Durham, et al] Conner 1/16/2007
Discovery Response: Plaintiff Truksa’s Plaintiff's [Truksa] Supplemental
objections and responses to first and Objections and Response to First
second interrogatories of Individual and Second Set of Interrogatories
Defendants. 39 of Defendant [Durham, et al] Conner 1/16/2007
Discovery Response: Plaintiff Truksa’s Plaintiff's [Truksa] Objections and
objections and responses to Individual Supplemental Response to
Defendants’ first request for production of Defendant's First Requests for
documents. Production this response is
40 undated Conner Undated
7
Discovery Response: Plaintiff Guill’s Plaintiff's [Guill] Objections and
objections and responses to Individual Supplemental Response to
Defendants’ first request for production of Defendant's First Request for
documents. Production only objections - no
41 responses included Conner 1/16/2007
Deposition: Ms. Lorio was deposed in her
individual capacity and as the custodian
of records for POATRI. Deposition of Alida Lorio (Alpine,
TX) [concluded] 1/23/07
Discovery: POATRI documents Document production (POATRI
produced at deposition of Alida Lorio by 000001-001114 and 3 CDs of
agreement reached between Atty. Conner audio recordings of exec. session
and Atty. Cano. 42 mtgs BOD) Kitner/Masso 1/23/2007
Status Conference – passed by
court. 02/21/07
Discovery: POATRI documents
produced by agreement reached between
Atty. Conner and Atty. Cano. Document production (POATRI
43 001116-001293) Kitner/Masso 3/12/2007
POATRI is named as a party to the
lawsuit. Plaintiffs' Second Amended
Petition [adding POATRI as a
44 party] Conner 3/20/2007
8
Pursuant to Texas Civil Practice &
Remedies Code §15.005 – once Court
determined venue was proper as to
Individual Defendants, the Court also has
venue of all Defendants (i.e., POATRI) in
all claims or actions arising out of the Rudy Cano
same transaction, etc. Venue cannot be Original Answer of the Property (VAHLDIEK CANO &
challenged by POATRI at trial court Owners Association of Terlingua PETROSKI – Houston,
level. 45 Ranch, Inc. TX) 3/27/2007
Discovery: Notice of intent to depose
Suzan Ivy. Notice of Intention to Take Oral
Deposition of Suzan Ivy May 22,
46 2007 Kitner/Masso 4/13/2007
Discovery: Interrogatories, request for Discovery Requests to Plaintiffs
production of documents and requests for Guill, Truksa and Tippins
disclosure sent to Plaintiffs by POATRI. (Interrogatories, Requests for
Production, Requests for
47 Disclosure) Cano 4/23/2007
Deadline for adding new or additional
parties to the lawsuit.
All parties to the lawsuit must be Court Scheduling
added by this date. Order 05/1/07
Letter from Conner to Judge Denman
informing the judge that all parties are Letter to Judge Denman requesting
requesting additional time to conduct additional time to do discovery
depositions before case is mediated. prior to mediation of case Conner 5/7/2007
9
Discovery Response: Documents
produced by Individual Defendants.
Document Production by
48 Individual Defendants Kitner/Masso 5/8/2007
Discovery Response: Log of privileges
asserted as to BOD executive session
tapes. (All based on attorney-client Defendant POATRI's Privilege
privilege pursuant to Texas Rules of Log RE Executive Session
Evidence.) 49 Meetings of BOD Cano 5/14/2007
Deposition: Ms. Ivy’s deposition is Deposition of Suzan Ivy (San
started but not concluded. Agreement is Antonio, TX) Partial deposition is
reached as to a continuation date. taken and will be continued on
June 25, 2007. 5/22/07
Deposition: Don Mahan is deposed.
Deposition of Don Mahan
(Houston, TX) [concluded] 5/23/07
Deposition: Ron Mahan is deposed.
Deposition of Ron Mahan
(Houston, TX) [concluded] 5/24/07
Discovery Response: Plaintiff Guill’s
answers to POATRI’s first set of Plaintiff's Response to First Set of
interrogatories. Interrogatories of Defendant
50 POATRI (Guill's answers) Conner 05/29/07
10
Discovery Response: Plaintiff Truksa’s
answers to POATRI’s first set of Plaintiff's Response to First Set of
interrogatories. Interrogatories of Defendant
51 POATRI (Truksa's answers) Conner 05/29/07
Discovery: Notice for continuation of
deposition of Suzan Ivy. Notice of Intention to Take Oral
Deposition of Suzan Ivy
52 continuation June 25, 2007 Kitner/Masso 06/04/07
Discovery Response: All Plaintiffs’
response to POATRI’s request for
production of documents. Plaintiffs' Response to POATRI's
53 Request for Production Conner 06/06/07
Discovery: Plaintiffs’ request for
POATRI to produce designated
documents – response due to be filed Plaintiffs’ Request for Production
within 30 days 54 to POATRI Conner 06/14/06
Continuation of Deposition of
Suzan Ivy (San Antonio, TX) Kitner 06/25/07
Depositions were requested by J. Conner;
they were scheduled by agreement and
then canceled by Attorney Conner. Depositions of TJ Ramey and *** Cancelled by
Virgil Evans (San Antonio, TX) Conner *** 06/26/07
Depositions were requested by J. Conner;
they were scheduled by agreement and
then canceled by Attorney Conner. Depositions of Jack Staton and Liz *** Cancelled by
Demetri (Dallas, TX) Conner *** 06/28/07
11
Plaintiffs’ must designate expert
witnesses and provide list of Expert Witness Designation
qualifications and expert reports by this deadline for parties seeking Court Scheduling
date. affirmative relief. Order 07/2007
Depositions were requested by J. Conner;
they were scheduled by agreement and
then canceled by Attorney Conner. Deposition of Tom Durham *** Cancelled by
(Houston, TX) Conner *** 7/20/07
Depositions of Alan Baker and *** Cancelled by
Janet Sullivan (Alpine, TX) Conner *** 7/30/07
Depositions of Kirk Meade and *** Cancelled by
Kay Nehring (Midland, TX) Conner *** 7/31/07
Defendants’ must designate expert
witnesses and provide list of
qualifications and expert reports by this Expert Witness Designation Court Scheduling
date. deadline for all other parties. Order 08/1/07
All parties must amend their pleadings by
this date. The Plaintiffs are to amend
their petition to state all allegations and
relief they seek. The Defendants are to
amend to state all affirmative defenses, All amendments to pleadings must Court Scheduling
etc. as may be required by the TRCP. be filed by this date. Order 09/4/07
12
Deadline for Court to consider motion to All challenges to expert
strike any expert as unqualified to render methodology and/or qualifications
opinion to be offered. must be heard by this date or they Court Scheduling
are waived. Order 09/17/07
Status Conference Passed by Court.
Court Scheduling
Status Conference scheduled Order 09/21/07
Agreed Motion for Continuance filed
by all parties requesting that November
13, 2007 Trial Setting be continued and
set for a different date by further order Agreed Motion for Continuance All Parties by and
of the Court. filed. through counsel. 09/25/07
All discovery (i.e., depositions,
interrogatories, request for production,
request for admissions, etc.) must be Court Scheduling
completed by this date. Discovery deadline. Order 10/1/07
All motions seeking a response or a full
response to discovery must be filed by All motions to compel responses to
this date or the complaint is waived. discovery must be filed by this Court Scheduling
date. Order 10/8/07
Trial Setting: Continued
pending further order of the
court. Judge 11/13/07
13
Parties will present proposed settlement to
presiding Judge, seeking preliminary
approval and requesting a hearing date for Status Conference: All Parties
final approval and entry of final seek preliminary judicial
judgment. approval of proposed settlement. All parties. 11/16/07
Andrew Guill files a Notice Dismissing
Jerry Conner as his attorney. Notice by Andrew Jackson Guill
of his dismissal of Atty. Jerry
Conner as his attorney. Andrew Guill, pro se 11/16/07
Atty. Jerry Conner files motion seeking
leave of Court to withdraw as Andrew Motion by Atty. Jerry Conner to
Guill’s attorney withdraw as Attorney for Andrew
Jackson Guill Conner 11/20/07
Court signs Order allowing Atty. Jerry
Order signed: Removes Jerry
Conner to withdraw as Andres Guill’s
Conner as attorney for Andrew
attorney. Mr. Guill is now pro se.
Guill. Mr. Conner continues as
attorney for Frank Truksa. Judge Denman 11/21/07
Motion seeking final approval of
proposed settlement filed with the Court.
Motion for Approval of
Settlement Filed Cano 11/21/07
Court signs Notice of Hearing on
Proposed Settlement Agreement and sets
Notice of Hearing on Proposed
Friday, January 18, 2008 as date for
Settlement Agreement Signed by
hearing. 11/26/07
Judge Denman Judge Denman
14
Notice of the proposed settlement to
include the proposed Settlement
Agreement, TRMA and Bylaws is to be
mailed to primary contact listed with
POATRI for all property owners no later
Notice of Hearing on Settlement
than December 10, 2007. Notice states:
Agreement including proposed
“You must appear in person even if Settlement Agreement, proposed
you are represented by counsel in Terlingua Ranch Maintenance
order to oppose the settlement. If you Association agreement and
do not appear in person the court will proposed Bylaws to be mailed to
presume that you do not oppose the primary contact listed for all
settlement.” Terlingua Ranch property
owners. Judge Denman 12/10/07
Court will conduct a hearing on Jan. 18,
Hearing: Court to consider
2008 at 1 PM in the 412th Judicial District
proposed settlement and entry of
Court located at 111 E. Locust, Angleton,
final judgment approving 1/18/08
Brazoria County, Texas.
proposed settlement Judge Denman 1 PM
Plaintiff’s Truksa and Guill file a joint
motion asking Judge to dismiss the
lawsuit.
Plaintiff’s Joint Motion to Non- Mackenzie and
Order granting remains unsigned. suit filed. Conner 02/25/08
Order granting Plaintiffs Truksa and
Gill’s motion to dismiss the lawsuit
signed by Judge Denman.
Order Granting Plaintiffs’ Joint
Motion for Nonsuit Judge Denman 02/29/08
15
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