Description Order on Motion for Leave to Amend and to Designate Responsible Third Party 001 Motion for Withdrawal and Substitute of Plaintiff’s Counsel 002-004 Affidavit of Stuart M. Reynolds, Jr. 005-008 George Bergin Deposition Excerpts 009-020 Carolyn Bergin Deposition Excerpts 021-075 Chad Cable Deposition Transcript 076-080 App.

CAMEON FOR HEARING Defendant Chad Cable’s Motion for Leaveto file his Second Amended Answer, Jury Demand, Designation of Responsible Third Party and Affirmative Defenses in the above-entitled and numbered cause andthe Court, after reviewing the motion and response thereto, hearing the argument of counsel and considering all prior proceedings in this cause, orders as follows: ORDEREDthat Defendant’s motionforleaveto file the amended pleading is GRANTED and the pleadingis consideredfiled as ofthis date; and FURTHER ORDERED that Defendant’s motion to designate Carolyn Bergin as a responsible third party is GRANTED and, pursuant to CPRC §33.004(h), Carolyn Bergin is designated as a responsiblethird party without further action by the Court or any party.

This Motion is based on good cause in that Plaintiff has discharged BAILEY as his counsel and has requested F &F to represent him in this case.

BAILEY PLLC, and FRIEDMAN & FEIGER, L.L.P. and MICHAEL D. DONOHUE respectfully request that the Court grant this Motion and permit BAILEY to withdraw as counsel for Plaintiff and permit F&F and Donohue to substitute in as counsel for Plaintiff.

M ichael D. Donohue State Bar No. 05989380 17304 Preston Road, Suite 300 Dallas, Texas 75252 (972) 788-1 400 (Telephone) (972) 776-53 13 (Telecopier) mdonohue@ff1 awoffice.com

To defeat a no-evidence motion for summary judgment, the nonmovant must only produce more than a scintilla of evidence to raise a genuine issue of material fact on the challenged elements.

To leave the decision as to Carolyn’s responsibility to a jury on full trial record, as opposed to a motion for summary judgment, is both prudent and in accord with the standards and opinions cited above.

George swears in his current affidavit that “Cable led the activist group involved in the seizure including preparing pleadings to file in federal court” (G. Bergin Aff.

In the current affidavit, George swears that: “in fact, Cable led the activists group involved in the seizure including preparing pleadings to file in federal court.

The day after Chad was formally engaged, December 12, 2017, he had negotiated a Rule 11 Agreement with Dustana Rabe, the lead attorney for Hopkins County in the forfeiture case.

After considering the motion and response and hearing the argumentof counsel, the Court enters the following order: ORDEREDthat: Plaintiff shall @RODUCE/NOT PRODUCEforthe years 2020, 2021, 2022 and Request 2: through June 30, 2023, a bal eet or statement of financial position that reports on International Rug’sassets, liabilities, and owners’ equity.

Request4: Plaintiff shall €RODUCENOT PRODUCEfor the years 2020, 2021, 2022 and through June 30, 2023, International Rug’s Sales tax Reports to the State of Texas and the City of Dallas.

ODUCE,NOT PRODUCEforthe years 2020, 2021, 2022 and Plaintiff shall Request 5: through June 30, 2023, Inventory reports for International Rug’s premises at 4501 Alpha Road.

Request 6: Plaintiff shall€QODUOE/NOT PRODUCEforthe years 2020, 2021, 2022 and through June 30, 2023, a financial statement showing retained earnings and changesin equity of International Rug.

Request7: through June 30, 2023, a cash flow statementthat reports International Rug’s cashflowactivities, particularly its operating, investing and financingactivities over the stated period.

Came on for consideration the Motion for Withdrawal and Substitution of Counsel for Plaintiff filed by Joel B. Bailey and Hedrick Kring Bailey PLLC, and by Friedman and Feiger, L.L.P. and Michael D. Donahue, as counsel of record for Plaintiff George Bergin (“Plaintiff”).

Having considered the papers on file, and for good cause shown, this Court ORDERS, ADJUDGES AND DEGREES that the Motion for Withdrawal and Substitution of Counsel for Plaintiff is hereby GRANTED.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Joel E. Bailey and Hedrick Kring Bailey PLLC are hereby withdrawn as counsel for Plaintiff, and Friedman and Feiger, L.L.P. and Michael D. Donahue 2 e hereby substituted in as counsel for Plaintiff.

day of SIGNED this QRDER 0F WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR PLAINTIFF — Page Solo

), the Dallas Court ofAppeals squarely confronted the issue of concurrent jurisdiction to adjudicatetitle and possession by the District Court, but only possession by the Justice court: “The cumulative and nonexclusive provisions ofart.

... as disclosed in writing by Landlord to Tenant before the execution of 7.01 this Lease, to the best of Landlord's actual knowledge:(i) the Premises have no knownlatent structural or construction defects of a material nature: and (ii) none ...

... (4) that none of the terms or provisions of this Lease have been changed since the original execution of this Lease, except as shownon any attached amendments or modifications ...