1

 1 REPORTER'S RECORD 

VOLUME 1 OF 1 VOLUME

 2 CAUSE NO. CC-22-03989-A

JANE DOES 1, 2, 3, 4, 5, 6, ) IN THE COUNTY COURT

 3 7, 8, AND 9 AND )

PARENT DOES 1, 2, 3, 4, AND 5 )

 4 )

Plaintiffs, )

 5 )

VS. ) AT LAW NO. 1

 6 )

KAPPA ALPHA THETA FRATERNITY, ) 

 7 INC. AND BETA SIGMA CHAPTER )

OF KAPPA ALPHA THETA )

 8 FRATERNITY, INC., AND BETA )

SIGMA FACILITY CORPORATION ) 

 9 OF KAPPA ALPHA THETA )

FRATERNITY, INC., )

10 ) 

Defendants. ) DALLAS COUNTY, TEXAS

11 ------------------------------------------------------

12 PLAINTIFFS' ORIGINAL PETITION AND APPLICATION/MOTION FOR 

TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF 

13

------------------------------------------------------

14

15

16

17 On the 27th day of July, 2022, the following 

18 proceedings came on to be heard outside the presence of 

19 a jury in the above-entitled and -numbered cause before 

20 the Honorable D'METRIA BENSON, judge presiding, held in 

21 Dallas, Dallas County, Texas. 

22 Proceedings reported by computerized stenotype 

23 machine. Reporter's Record produced by computer-aided 

24 transcription. 

25

APP 0023

Case 3:22-cv-01782-M Document 21-4 Filed 08/18/22 Page 1 of 7 PageID 651
 2

 1 APPEARANCES (VIA ZOOM)

 2 MR. ROGGE DUNN

SBN 06249500

 3 MR. GREG MCALLISTER

SBN 24071191

 4 Rogge Dunn Group, PC

500 N. Akard St.

 5 Suite 1900

Dallas, Texas 75201

 6 (214)888-5000

ATTORNEYS FOR PLAINTIFFS

 7

 -- AND --

 8

MR. JASON E. WINFORD

 9 SBN 00788693

Gordon & Rees 

10 2200 Ross Avenue

Suite 3700

11 Dallas, Texas 75201

(214)231-4660

12 ATTORNEY FOR DEFENDANT

KAPPA ALPHA THETA FRATERNITY, INC. 

13

-- AND --

14

MS. MALERIE ANDERSON

15 SBN 24087102

Craddock Davis & Krause, LLP

16 3100 Monticello Avenue

Suite 550

17 Dallas, Texas 75205

(214)750-3557

18 ATTORNEY FOR DEFENDANT

BETA SIGMA FACILITY CORPORATION OF

19 KAPPA ALPHA THETA FRATERNITY, INC. 

20

ALSO PRESENT: 

21

MS. NATALIE MCLAUGHLIN, attorney for Kappa Alpha Theta 

22 Fraternity, Inc. 

23

24

25

APP 0024

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 3

 1 INDEX

 2 JULY 27, 2022 PAGE VOL.

 3 PROCEEDINGS............................. 4 1

 4 END OF PROCEEDINGS...................... 62 1

 5 REPORTER'S CERTIFICATE.................. 63 1

 6

 7 EXHIBIT INDEX (NONE)

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

APP 0025

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12

 1 We want to stop -- that includes the discipline. We 

 2 want to stop them from breaching any contracts or 

 3 altering any contracts or playing games by assigning

 4 these housing contracts. And we want the Court to order 

 5 the facility corporation, Ms. Anderson's organization,

 6 from not providing the residential housing that's there. 

 7 And we think that that is certainly maintaining status

 8 quo for the next 14 days while we can get some limited 

 9 discovery to sort all this out.

10 That's not only in the interest of 

11 justice, but that also is to avoid irreparable harm of 

12 19 to 21-year-old students that are literally having the 

13 rug pulled out from under them 27 days before they have 

14 to start school and live on campus per SMU's 

15 requirements.

16 THE COURT: All right. Who wants to be 

17 the first to respond? 

18 MS. ANDERSON: I can go briefly just on 

19 behalf of the housing corporation, the facility 

20 corporation, that controls the property where the Theta

21 House is located. We're an adverse party in this 

22 situation; however, we are in line with the injunctive 

23 relief sought. We are ready, willing, and able to 

24 provide the housing that's available to SMU students,

25 including the girls who are members or rising sophomores

APP 0026

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13

 1 to fulfill their requirement as part of the SMU student 

 2 obligations and provide that through the service plan. 

 3 We have been in active communications with the SMU

 4 students that are involved and have, you know, 

 5 essentially told them we're not able to confirm their 

 6 ability to live in a house until this investigation and 

 7 the decision from National has been decided. 

 8 And so, to the extent that the Beta Sigma 

 9 Facility Corporation is involved, we are in line with 

10 the injunctive relief. And we are ready and capable of 

11 providing the housing.

12 THE COURT: All right. Mr. Winford? 

13 MR. WINFORD: Yes, Your Honor. Let me 

14 speak to two points or two aspects of this, which is 

15 both the membership, as well as the housing issue. To 

16 directly address the housing issue, it is my 

17 understanding -- and I can ask Ms. McLaughlin if the 

18 Court will allow. But it's my understanding that as far 

19 as the status quo, the status quo is that SMU has 

20 suspended Kappa Alpha Beta Local Chapter at SMU. The 

21 university has suspended it. 

22 And under that arrangement between SMU and 

23 Beta National, SMU does not -- will not allow students,

24 any student to live at the Theta House for the next two 

25 years. I believe that was effective yesterday. And the 

APP 0027

Case 3:22-cv-01782-M Document 21-4 Filed 08/18/22 Page 5 of 7 PageID 655
30

 1 live at the house. So I think it is that direct in 

 2 answer to your question. 

 3 And then secondly, Judge --

 4 THE COURT: Wait, wait. So I'm trying to 

 5 figure out how Paragraph 19 fits in. If Paragraph 19 

 6 comes into play, because the chapter has been 

 7 disestablished or ceases to be recognized, it allows the 

 8 Facility Corporation to continue to lease the premises 

 9 and to the students.

10 MS. ANDERSON: It may be helpful. So the 

11 Facility Corporation owns the property but does have an 

12 agreement with SMU to provide housing specific to SMU

13 students; first, to those who are in the Theta

14 organization. And if the people cannot fulfill the 

15 requirement for whatever reason, then it goes to SMU

16 students. That's the underlying agreement between the 

17 housing corp and SMU.

18 However, this case we are so close to the 

19 date of starting school and we have -- some of these 

20 girls have already signed these license agreements. So 

21 on behalf of the housing corp, it is, you know, our 

22 interest to simply honor these and let these girls move 

23 in. And if it's -- you know, we have additional rooms 

24 available, offer those to additional SMU students 

25 perhaps, but at the very least, for the girls who signed 

APP 0028

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63

 1 STATE OF TEXAS )

 2 COUNTY OF DALLAS )

 3 I, Cathye Moreno, Official Court Reporter in 

 4 and for the County Court of Dallas County, Texas, County

 5 Court at Law Number One, State of Texas, do hereby 

 6 certify that to the best of my ability the above and 

 7 foregoing contains a true and correct transcription of 

 8 all portions of evidence and proceedings requested in 

 9 writing to be included in the Reporter's Record, in the 

10 above-styled and -numbered cause, all of which occurred 

11 in open court or in chambers and were reported by me. 

12 I further certify that this Reporter's Record 

13 of the proceedings truly and correctly reflects the 

14 exhibits, if any, admitted by the respective parties.

15 I further certify that the total cost for the 

16 preparation of this Reporter's Record is $472.50 and 

17 will be paid by Rogge Dunn Group.

18 WITNESS MY OFFICIAL HAND this the 5th day of 

19 August, 2022. 

20

21 /s/ Cathye G. Moreno 

Cathye G. Moreno, Texas CSR #6076

22 Expiration Date: 07/31/2023

Official Court Reporter

23 County Court at Law No. 1

600 Commerce Street, Suite 550

24 Dallas, Texas 75202

cathyemoreno@sbcglobal.net

25 (214)653-7496

APP 0029

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