April 13, 2015 

Via e-file 

Amalia Rodriguez-Mendoza 

Travis County District Clerk 

P.O. Box 679003 

Austin, TX 78767-9003 

Re: Request to supplement Clerk’s Record 

RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; RLJ Lodging Fund II 

Acquisitions, LLC v. Elness, Swenson, Graham Architects, Inc., et. al. Cause No. 

D-1-GN-10-002325 in the 200th District Court of Travis County, Texas 

Dear Ms. Rodriguez-Mendoza: 

 Plaintiffs, RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP and RJL Lodging 

Fund II Acquisitions, LLC (collectively, “Plaintiffs”), have appealed by way of cross-appeal the 

above case to the Court of Appeals for the Third District of Texas at Austin. 

 On December 15, 2014, Plaintiffs e-filed an amended and supplemental designation of 

the Clerk’s Record. Plaintiffs believe that one of the documents requested, Plaintiffs’ Response 

to Defendants’ Motion to Strike the Expert Testimony of Paul Hornsby, filed on April 25, 2014, 

was inadvertently omitted from the Clerk’s Record when transferred to the Third Court of 

Appeals. 

 Plaintiffs’ December 15, 2014 request, as well as the attached docket sheet indicating the 

pleading to be included in the Clerk’s Record, are attached hereto. Note that the request for the 

inclusion of Plaintiffs’ Response to Defendants’ Motion to Strike the Expert Testimony of Paul 

Hornsby to be included in the Clerk’s Record is on the last page of the December 15, 2014 letter. 

 Plaintiffs stand ready to pay you in advance for the preparation of the supplemental 

Clerk’s Record upon your advice of the amount, or to make whatever deposit your office 

requires for the preparation of the supplemental Clerk’s Record. 

 Therefore, please include the following in the supplemental Clerk’s Record: 

1. PLAINTIFFS’ RESPONSE TO DEFENDANTS’ MOTION TO STRIKE THE EXPERT 

TESTIMONY OF PAUL HORNSBY, filed April 25, 2014; and 

2. A copy of this letter. 

ACCEPTED

03-14-00738-CV

4871792

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/13/2015 5:29:40 PM

JEFFREY D. KYLE

CLERK

 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/13/2015 5:29:40 PM JEFFREY D. KYLE Clerk
April 13, 2015 

Page 2 

 If you have any questions or concerns or if I may be of any assistance to you in the 

preparation of the supplemental Clerk’s Record, please do not hesitate to let me know. 

 Thanking you for your attention to this matter. 

 Very truly yours, 

 /s/ Michael W. Huddleston 

 Michael W. Huddleston 

cc: Via e-file

Gregory N. Ziegler 

 Weston M. Davis 

MacDonald Devin, P.C. 

3800 Renaissance Tower 

1201 Elm Street 

Dallas, TX 75270-2130 

gziegler@macdonalddevin.com 

wdavis@macdonalddevin.com 

Via email 

 Elizabeth Medina 

 elizabeth.medina@traviscountytx.gov 

 

Via U.S. Mail 

 Mr. Albert Alvarez, Court Reporter 

 345th Civil District Court 

 P.O. Box 1748 

 Austin, Texas 78767 

Via e-file 

 Third Court of Appeals 

 
2109

MUNSCH HARDT 

KOPF & HARR PC 

ATTORNEYS & COUNSElORS 

DALLAS I HOUSTON ! AUSTIN 

December 15, 2014 

Amalia Rodriguez-Mendoza (viae-filing) 

Travis County District Clerk 

P.O. Box 679003 

Austin, TX 78767-9003 

12/15/2014 4:13:49 PM 

Amalia Rodriguez-Mendoza 

District Clerk 

son Nlfrmfis;Gounty 

DaH:.$ R,~~s~~~-g~g~2325 

Re: Designation of documents to be included in the Clerk's Record in RLJ II-C 

Austin Air, LP; RLJ II-C Austin Air Lessee, LP; RLJ Lodging Fund II 

Acquisitions, LLC v. Elness, Swenson, Graham Architects, Inc., et. al. Cause No. 

D-1-GN-10-002325 in the 200th District Court of Travis County, Texas 

Dear Ms. Rodriguez-Mendoza: 

This letter amends and supplements the designation of the Clerk's Record filed by 

Plaintiffs on November 25, 2014. Additionally, please see the attached Docket Sheet with 

all requests clearly marked. 

Plaintiffs, RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP and RJL Lodging 

Fund II Acquisitions, LLC (collectively, "Plaintiffs"), are appealing by way of cross-appeal the 

above case to the Court of Appeals for the Third District of Texas at Austin. Defendant Elness, 

Swenson, Graham Architects, Inc. ("Defendant") filed its Notice of Appeal on November 12, 

2014. Plaintiffs filed their cross notice of appeal pursuant to Texas Rule of Appellate Procedure 

25.1(a) and 26.1(d) on Tuesday, November 25, 2014. 

Plaintiffs stand ready to pay you in advance for the preparation of the Clerk's Record 

upon your advice of the amount or to make whatever deposit your office requires for the 

preparation of the Clerk's Record. 

Pursuant to Texas Rule of Appellate Procedure 34.5(a) and (b), Plaintiffs request that, in 

addition to any other document required by the Texas Rules of Appellate Procedure, the 

following documents be included in the Clerk's Record: 

Amended Request to Correct Errors Concerning Title of Documents and/or Dates Filed: 

1. PLAINTIFFS' SEVENTH AMENDED ORIGINAL PETITION, filed on February 18, 

2014. 
2110

December 15, 2014 

Page2 

2. ELNESS, SWENSON, GRAHAM ARCHITECTS, INC. AND MARK G. SWENSON'S 

SECOND AMENDED ANSWER AND ORIGINAL COUNTERCLAIM FOR 

DECLARATORY JUDGMENT, filed on October 1, 2012. 

3. PLAINTIFFS' OBJECTION TO THE REPORT AND TESTIMONY OF, AND 

MOTION TO EXCLUDE ESG'S DESIGNATED EXPERT GRANT A. SIMPSON, filed 

on April 7, 2014. 

4. BUSINESS RECORDS AFFIDAVIT, filed April21, 2014. 

5. PLAINTIFFS' MOTION TO COMPEL RESPONSIVE DOCUMENTS FROM ESG, 

filed April24, 2014. 

6. PLAINTIFFS' MOTION IN LIMINE, filed April25, 2014. 

7. LETTER FROM WDGE YELENOSKY REGARDING MOTIONS IN LIMINE, filed 

May 1, 2014. 

8. ORDER REGARDING MOTIONS TO STRIKE EXPERT TESTIMONY, filed May 1, 

2014. 

9. PLAINTIFFS' SUPPLEMENTAL MOTION TO STRIKE THE EXPERT TESTIMONY 

OF TIM WESTON, filed May 5, 2014. 

10. PLAINTIFFS' MOTION IN LIMINE, filed May 5, 2014. 

11. PLAINTIFFS' MOTION FOR LEAVE TO AMEND THEIR DESIGNATION OF 

WITNESSES FOR TRIAL, filed May 12,2014. 

12. PLAINTIFFS' FIRST AMENDED PROPOSED WRY INSTRUCTIONS, 

DEFINITIONS AND QUESTIONS, filed May 13, 2014. 

13. INSTRUCTION- SIGNED BY JUDGE YELENOSKY, filed May 16, 2014. 

14. QUESTION, filed May 16, 2014. 

15. JURY'S QUESTION FORMS, filed May 16, 2014. 

16. CHARGE OF THE COURT, filed May 16, 2014. 

17. OBJECTIONS TO DEFENDANT'S DESIGNATIONS, filed May 16, 2014. 

18. PLAINTIFFS' OBJECTIONS AND COUNTER-DESIGNATIONS TO CROSS 

DESIGNATIONS OF PAGE AND LINE TESTIMONY, filed May 16,2014. 

19. JURY'S QUESTION FORMS, filed May 15, 2014. 
2111

December 15, 2014 

Page 3 

20. PLAINTIFFS' RESPONSE TO ESG'S MOTION FOR APPLICATION OF 

SETTLEMENT CREDIT, filed June 2, 2014. 

21. LETTER FROM JUDGE YELENOSKY ON SETTLEMENT CREDIT, filed June 13, 

2014. 

22. PLAINTIFFS' AMENDED MOTION FOR ATTORNEYS' FEES AND COSTS, filed 

July 3, 2014. 

23. PLAINTIFFS' NOTICE OF SCRIVENER'S ERROR IN AMENDED MOTION FOR 

ATTORNEYS' FEES AND COSTS, filed July 17, 2014. 

24. RLJ'S MOTION FOR WDGMENT AND JUDGMENT NOTWITHSTANDING THE 

VERDICT ON QUESTION 1, filed July 30, 2014. 

25. PLAINTIFFS' AMENDED MOTION FOR RECONSIDERATION IN LIGHT OF 

FIFTH CIRCUIT'S RECENT GE CAPITAL OPINION, filed August 1, 2014. 

26. PLAINTIFFS' RESPONSE TO ESG'S MOTION FOR JUDGMENT AND AFFIDAVIT 

OF GREG N. ZIEGLER, filed August 5, 2014. 

27. PLAINTIFFS' LETTER TO COURT ENCLOSING DRAFT FINAL JUDGMENT, filed 

August 13, 2014. 

28. ORDER DENYING RLJ'S MOTION FOR WDGMENT NOTWITHSTANDING THE 

VERDICT ON QUESTION 1, filed August 14, 2014. 

29. FINAL JUDGMENT, filed August 14, 2014. 

30. PLAINTIFF'S MOTION FOR NEW TRIAL, filed September 12,2014. 

31. PLAINTIFFS' MOTION TO MODIFY WDGMENT UNDER TEXAS RULE OF 

CIVIL PROCEDURE 329B, filed September 12,2014. 

32. ORDER DENYING RLJ'S MOTION FOR RECONSIDERATION, filed September 16, 

2014. 

33. ORDER DENYING PLAINTIFF'S MOTION TO MODIFY UNDER TEXAS RULE OF 

CIVIL PROCEDURE, filed September 19,2014. 

34. ORDER DENYING PLAINTIFF'S MOTION FOR NEW TRIAL , filed September 19, 

2014. 

35. PLAINTIFF'S NOTICE OF APPEAL, filed November 25, 2014. 
2112

December 15, 2014 

Page4 

36. PLAINTIFFS' LETTER requesting Reporter's Record, filed November 25, 2014. 

3 7. A copy of this letter. 

Supplemental Designations: 

38. PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE THE EXPERT 

TESTIMONY OF PAUL HORNSBY, filed April25, 2014. 

If you have any questions or concerns or if I may be of any assistance to you in the 

preparation of the Clerk's Record, please do not hesitate to let me know. 

Thanking you for your attention to this matter. 

cc: Gregory N. Ziegler (via email) 

Matthew Mumm 

Weston Davis 

MacDonald Devin, P. C. 

gziegl er@macdonalddevin .com 

mmumm(Zilmacdonalddevin.com 

wdavis({i;maccdonalddevin.com 

Very truly yours, 

/s/ Michael W. Huddleston 

Michael W. Huddleston 

Elizabeth Medina (via email) 

Elizabeth.Medina((/)Jraviscountytx.gov 

Mr. Albert Alvarez, Court Reporter (via U.S. mail) 

345th Civil District Court 

P.O. Box 1748 

Austin, Texas 78767 
2130

Filed Date Category ' Description Additional Info .,., ...... _,,,_,....,....,.,_.,.,,_~· ••w-• 

PLAINTIFFS' RESPONSE TO DEFENDANT ELNESS. SWENSON, GAAHAM ARCHITECTS, I.NC;SMOTION TO STRiKE-~THE .. 

4/25/2014 ANS·RESP RESPONSE TO MOTION/PLEADING EXPERT TESTIMONY OF JOHN NYFELER - ' 

4/25/2014 NOTICE NTC:HEARING/SETTING NOTICE OF HEARING . 

4/25/2014 I MOTION MTN:LIMINE DEFENDANT ELNESS SWENSON GRAHAM ARCHITECTS INC'S MOTION IN LIMINE 

,, ......... 

4125/2014 MOTION MTN:LIMINE 

DEFENDANT EBCO GENERAL CONTRACTOR LTD AND EBCO WARRIOR MANAGEMENT LLC MOTION IN LIMINE 

4/25/2014 ANS·RESP RESPONSE TO MOTION/PLEADING PLAINTIFFS' RESPONSE TO DEFENDANTS MOTION TO STRIKE THE EXPERT TESTIMONY OF KYLE WORKMAN AND 

RICHARD REEVES 

4/25/2014 ANS-RESP RESPONSE TO MOTION/PLEADING PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE THE EXPERT TESTIMONY OF PAUL HORNSBY 

.. 

4/25/2014 ANS-RESP RESPONSE TO MOTION/PLEADING PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE THE EXPERT TESTIMONY OF DEAN READ AND KIRBY 

MEYER 

4/25/2014 ANS-RESP RESPONSE TO MOTION/PLEADING PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE THE EXPERT TESTIMONY OF DEAN READ AND KIRBY 

MEYER ...... 

4/25/2014 ANS-RESP RESPONSE TO MOTION/PLEADING PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE THE EXPERT TESTIMONY OF DEAN READ AND KIRBY 

MEYER ... 

4/25/2014 ANS-RESP RESPONSE TO MOTION/PLEADING PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE THE EXPERT TESTIMONY OF ANDREW DIBBLE 

4/25/2014 ANS-RESP RESPONSE TO MOTION/PLEADING PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE THE EXPERT TESTIMONY OF ANDREW DIBBLE 

4/25/2014 ANS-RESP RESPONSE TO MOTION/PLEADING PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE THE EXPERT TESTIMONY OF ANDREW DIBBLE 

'"""~~ ., . .. - 7 ~, ANS-RESP ptAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE THE EXPERT TESTIMONY OF PAUL HORNSBY "\\ ~2512014 RESPONSE TO MOTION/PLEADING I 

/25/2014 jANS·RESP RESPONSE TO MOTION/PLEADING PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE THE EXPERT TESTIMONY OF PAUL HORNSBY I 

! I 

L.,..._._ I 

\412512014 

.ANS .. RESP RESPONSE TO MOTION/PLEADING PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE THE EXPERT TESTIMONY OF PAUL HORNSBY 

\ / ~~ ANS·RESP RESPONSE TO MOTION/PLEADING \ PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE THE EXPERT TESTIMONY OF PAUL HORN~~.,,/· 

4/28/2014 MOTION ... MTN:DISMISS/NONSUIT PLAINTIFF'S MOTION TO DISMISS WITH PREJUDICE 

4/28/2014 MOTION MTN:LIMINE DEFENDANT ELNESS SWENSON GRAHAM ARCHITECTS INCS FIRST SUPPLEMENTAL MOTION IN LIMINE 

4/28/2014 OTHER ... RULE 203.2 CERTIFICATE MARK SWENSON 

4/29/2014 ORO ORD:NTC/ORD DISMISSAL/NONSUIT DEFENDANTS EBCO GENERAL CONTRACTOR LTD AND EBCO EBCONVARRIOR MANAGEMENT LLCS NOTICE OF NONSUIT 

OF THIRD PARTY DEFENDANT fiLCADlO CHAPA JR FORMERLY 081\ JRS CONCRETE CONSTRUCTION 

_, 

4/28/2014 ORD ... ORD:NTC/ORD DISMISSAL/NONSUIT ORDER OF DISMISSAL WITH PREJUDICE --··· _ .. 

5/1/2014 OTHER LETIER LETTER TO JUDGE YELENOSKY 

(F;i'?n·nu \' ...... 

OTHEH LETTER ( FROM JUDGE STEPH~!i,YE~ENOSK~) 

~?.~"67LOWI4 SRVPHO. EXE SERVICE OF SUBPOENA SUBPOENA-ZACHARY BURNS I 

5/2/2014 MOTION MTN:LIMINE DEFENDANT ELNESS SWENSON GRAHAM ACHITECTS INC'S SECOND SUPPLEMENTAL MOTION IN LIMINE 

........... ~·-'"'». -······--

;~~ MOTION ... MTN:LIMINE PLA,.~NTIFFS' MOTION IN LIMINE ',) 

~~~.) MOTION i MTN:OTHER MOTION ( PLAINTIFFS' SUPPLEMENTAL MOTION TO STRII<E THE l:XPERT TESTIMONY OF TIM ~:~i§E':) 

~76!2014 NOTICE . NTC:ATTORNEY/COUNSEL ! NQDG.~ OF . .. ~ 

~~·-.... '-"' - 'l1HJI.. '"'~ 

(~~.~ .. ~~:=~::!· I I ORD 

I ORO. OTHER ORDER I ITirmERF{ ···~~v~;; ··-

' ,_ -· ,_ ...... -· .,J 

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