DEFENDANT’S APPENDIX IN SUPPORT OF THEIR REPLY BRIEF Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

SALT AND LIGHT ENERGY §

EQUIPMENT, LLC, §

§

Plaintiff/Counter-Defendant, § Civil Action No.: 3:22-cv-00654-N

§

v. §

§

ORIGIN BANCORP, INC., DBA §

ORIGIN BANK, §

§

Defendant/Counter-Plaintiff, §

§

v. §

§

DENISE MUDIGERE and §

SHAWN MUDIGERE, §

§

Counter-Defendants. §

DEFENDANT’S APPENDIX IN SUPPORT OF THEIR REPLY BRIEF

Pursuant to Local Rules 7.1(i) and 7.2(e), Defendant/Counter-Plaintiff Origin Bancorp, 

Inc. d/b/a Origin Bank (“Origin”) files this Appendix in Support of their Reply Brief. Each page 

of this Appendix is numbered sequentially in the lower, right-hand corner. 

Origin relies on the following in support of their Brief in addition to the filings and 

pleadings in this case.

Exhibit Document Pages

1 Declaration of Brad Robinson with Exhibit APP 1-7

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DEFENDANT’S APPENDIX IN SUPPORT OF THEIR REPLY BRIEF Page 2

Dated: July 28, 2023 Respectfully submitted,

/s/ Brad J. Robinson

Mazin A. Sbaiti

Texas Bar No. 24058096

mas@sbaitilaw.com

Brad J. Robinson

Texas Bar No. 24058076

bjr@sbaitilaw.com

Griffin S. Rubin

Texas Bar No. 24121809

gsr@sbaitilaw.com

SBAITI & COMPANY PLLC

Dallas Arts Tower

2200 Ross Ave., Suite 4900W

Dallas, Texas 75201

T: (214) 432-2899

F: (214) 853-4367

Attorneys For Defendant Origin Bank

Case 3:22-cv-00654-N Document 90 Filed 07/28/23 Page 2 of 9 PageID 1787
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

SALT AND LIGHT ENERGY § 

EQUIPMENT, LLC, § 

 § 

Plaintiff/Counter-Defendant, § Civil Action No.: 3:22-cv-00654-N 

 § 

v. § 

 § 

ORIGIN BANCORP, INC., DBA § 

ORIGIN BANK, § 

 § 

Defendant/Counter-Plaintiff, § 

 § 

v. § 

 § 

DENISE MUDIGERE and § 

SHAWN MUDIGERE, § 

 § 

Third-Party Defendants. § 

DECLARATION OF BRAD J. ROBINSON IN SUPPORT OF REPLY IN SUPPORT OF

ORIGIN’S MOTION TO DE-DESIGNATE

1. This Declaration is made in support of Defendant/Counter-Plaintiff Origin 

Bancorp, Inc. d/b/a Origin Bank’s (“Origin”)’s Reply to Origin’s Motion to De-Designate.

2. My name is Bradford John Robinson, and I am an attorney licensed in the State of 

Texas. I am admitted to practice in the United States District Court of the Eastern, Northern, 

Southern, and Western Districts of Texas, the United States Court of Appeals for the Fifth Circuit, 

and the United States Supreme Court. I am the Managing Partner at Sbaiti & Company PLLC and 

counsel for Origin in this proceeding. I am therefore personally familiar with all the legal services 

performed on behalf of Origin in this matter. All facts stated herein are within my personal 

knowledge and are true and correct. I am over twenty-one years of age and reside in the State of 

Texas. I have never been convicted of a felony or other crime of moral turpitude. I am fully 

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DECLARATION OF BRAD J. ROBINSON IN SUPPORT OF REQUEST 

FOR ATTORNEY’S FEES AND TO PROVE UP CERTAIN STATEMENTS PAGE 2 OF 6 

competent to make this Declaration. 

3. Attached hereto are true and correct copies of billing entries related to this litigation

incurred as a result of the SNLEE Defendant’s improper designation of documents. These 

documents: (1) were made and kept in the ordinary course of a regularly conducted business 

activity; and (2) it was the regular practice of the business activity to make these records; (3) were 

made at or near the time of the event that they record; and (4) were made by a person, or from 

information transmitted by a person, with knowledge of the acts and events who was acting in the 

regular course of business. The contents and substance of these documents is incorporated herein 

by reference. The records attached hereto are the original or exact duplicates of the original. The 

billing entries totaling $17,457.50 have been billed or will be billed to the client. The billing entries 

attached as Exhibit A show all the specific tasks performed by attorneys and paralegal on this 

matter and the time devoted to each task.

4. In order to render my opinion, I have reviewed the Sbaiti & Company invoices 

reflecting the contemporaneous time records regularly made by our firm with regard to the case in 

which this affidavit is proffered. I have attached true and correct copies of the billing entries 

extracted from the legal invoices, as Exhibit “A,” which are incorporated as if fully set forth herein. 

These records reflect the date of the tasks performed in connection with this case, the time required 

to perform the tasks, the identity of the attorney, paralegal or legal assistant performing the tasks 

and the billing rate of the person performing the tasks. 

5. The entries marked “BJR” on the invoices refer to me. I am the Managing Partner. 

When Sbaiti & Company was first retained on this matter, my billing rate was $550.00 per hour. 

As of January 1, 2023, my billing rate is $650.00 per hour. I have been practicing in Dallas, Texas, 

for over 16 years. I have practiced in state and federal courts throughout Texas and across the 

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DECLARATION OF BRAD J. ROBINSON IN SUPPORT OF REQUEST 

FOR ATTORNEY’S FEES AND TO PROVE UP CERTAIN STATEMENTS PAGE 3 OF 6 

country. I formerly served as national counsel for General Motors and am admitted to practice

before all the Courts in Texas and in front of the United States Supreme Court. I am familiar with

and have litigated business, commercial, and other civil litigation under Texas law, and I am aware

of the amount of legal work expended in prosecuting such matters. I am further aware of the fees

commonly and customarily charged in Texas and in the Dallas/Collin County area for legal

services rendered in connection with such litigation. A copy of my CV can be found at

www.sbaitilaw.com. 

6. The entries marked “MAS” on the invoices refer to Mazin A. Sbaiti. Mr. Sbaiti is

the founder and managing partner of Sbaiti & Company, PLLC. When Sbaiti & Company was first

retained on this matter, his billing rate was $650.00 per hour. As of January 1, 2023, his billing

rate is $750.00 per hour. He has been practicing in Dallas, Texas, for over 19 years. He has

practiced in state and federal courts throughout Texas and across the country. He is familiar with

and has litigated business, commercial, and other civil litigation under Texas law, and he is aware

of the amount of legal work expended in prosecuting such matters. He is further aware of the fees

commonly and customarily charged in Texas and in the Dallas/Collin County area for legal

services rendered in connection with such litigation. A copy of his CV can be found at

www.sbaitilaw.com. 

7. The entries marked “GSR” are Griffin Rubin, an associate in our office. When Mr.

Rubin first began working for the firm on this case, his billing rate was $300.00 per hour. As of 

January 1, 2023, his billing rate is $400.00 per hour. Mr. Rubin is a former clerk of the Honorable 

Amos Mazzant in the Eastern District of Texas and works on litigation matters in Texas and

throughout the country. Mr. Rubin is a graduate of Southern Methodist University–Dedman

School of Law. A copy of his CV can be found at www.sbaitilaw.com. 

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DECLARATION OF BRAD J. ROBINSON IN SUPPORT OF REQUEST 

FOR ATTORNEY’S FEES AND TO PROVE UP CERTAIN STATEMENTS PAGE 4 OF 6 

8. The entries marked “RBM” are my paralegal Robin McCormack. Her billing rate

is $175.00 per hour. She is an experienced paralegal with over 19 years of experience in litigation

and transactional legal areas. She received a Bachelor of Science from the University of Texas at

Dallas in 2009 and an Associate of Applied Science in Paralegal Studies from Dallas College in

2019. Her responsibilities involve working on complex business litigation in state and federal

courts across the country. She performed substantive legal work on this matter and did so under 

my supervision. 

9. Reasonable and necessary attorneys’ fees are generally determined by examining

many factors, including the entire record in the case; the amount in controversy; the time and labor 

required; the novelty and difficulty of the questions involved, and the skill required to perform the 

legal services properly; the likelihood that the acceptance of the particular employment will 

preclude other employment by the lawyer; the fee customarily charged in the locality for similar 

legal services; the amount involved and the results obtained; the time limits imposed by the client 

or by the circumstances; the nature and length of the professional relationship with the client; the 

experience, reputation, and ability of the lawyer or lawyers performing the services; and whether 

the fee is fixed or contingent on results obtained or uncertainty of collection before the legal 

services have been rendered. I considered these factors when determining the reasonable and 

necessary attorneys’ fees in connection with my work on this case and the work of the attorneys 

and/or paralegal assisting me. 

10. I am familiar with the claims asserted, defenses, and work performed in this matter

because I personally have performed and overseen all the work performed to date and will do so

for all work in the future. 

11. Origin retained my law firm and me to prosecute this matter. 

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DECLARATION OF BRAD J. ROBINSON IN SUPPORT OF REQUEST 

FOR ATTORNEY’S FEES AND TO PROVE UP CERTAIN STATEMENTS PAGE 5 OF 6 

12. As is discussed in detail in the attached bills, the necessary legal services provided 

by Mr. Sbaiti, Mr. Rubin, and myself that resulted in these legal fees include but were not limited 

to: (a) researching case law and applicable rules (b) communicating with opposing counsel (c) 

communicating with my client, (d) drafting pleadings, (e) drafting declarations and compiling 

evidence in support of the motion, (f) drafting proposed orders, (g) conferring with my team; (h) 

drafting discovery, (i) interviewing witnesses, (j) communicating with the Court, and (k) other 

various legal tasks. 

13. Ms. McCormack performed substantive legal work, including: (a) drafting and

revising pleadings; (b) reviewing documents; (c) performing legal research; (d) reviewing, 

gathering, and organizing exhibits, and (e) preparing, proofing, and filing the response and motion. 

14. The tasks performed in this matter were reasonable. The rates charged for the legal

work in this matter was reasonable. The time spent on the individual tasks was reasonable. After

multiplying the time by the hourly rate, the overall fee is reasonable. 

15. Based on the factors and facts set forth above and in the attached records, it is my 

opinion that the attorney’s fees in the amount of $17,457.50 are reasonable and necessary in this

action and are directly related to efforts to prevail on the Motion and recover any fees my client is

owed. 

16. On July 27, 2023, I personally attended a telephonic meet and confer with Mr.

Bennett Hampilos, counsel for SNLEE regarding discovery issues and the Affidavit of Josh

Hernandez. During that call, Mr. Hampilos admitted, and Origin learned for the first time, that

SNLEE has never attempted to contact Mr. Hernandez to discuss this case, Plaintiff’s allegations,

Origin’s Notice Letter, or the Recordings. By extension, this means that SNLEE never notified

Mr. Hernandez of its intention to produce and rely on the Recordings and never asked whether he 

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DECLARATION OF BRAD J. ROBINSON IN SUPPORT OF REQUEST 

FOR ATTORNEY’S FEES AND TO PROVE UP CERTAIN STATEMENTS PAGE 6 OF 6 

wanted his identity concealed or wanted AEO protection. Mr. Hampilos further admitted that

SNLEE never intended to call Mr. Hernandez as a witness and never intended to rely on his 

testimony to establish the veracity of their interpretation of the Recordings. 

I declare under penalty of perjury that the foregoing is true and correct. Executed on July 

28, 2023. 

 

Bradford J. Robinson 

Case 3:22-cv-00654-N Document 90 Filed 07/28/23 Page 8 of 9 PageID 1793
Date Hrs. Rate Total Billed By

6/6/2023 0.3 $ 650.00 $ 195.00 Brad J. Robinson

6/20/2023 1.2 $ 650.00 $ 780.00 Brad J. Robinson

6/22/2023 4 $ 400.00 $ 1,600.00 Griffin S. Rubin

6/23/2023 5 $ 650.00 $ 3,250.00 Brad J. Robinson

6/23/2023 6.3 $ 400.00 $ 2,520.00 Griffin S. Rubin

6/23/2023 5.2 $ 175.00 $ 910.00 Robin B. McCormack

7/3/2023 2.9 $ 650.00 $ 1,885.00 Brad J. Robinson

7/16/2023 2.6 $ 400.00 $ 1,040.00 Griffin S. Rubin

7/17/2023 1 $ 400.00 $ 400.00 Griffin S. Rubin

7/18/2023 0.4 $ 400.00 $ 160.00 Griffin S. Rubin

7/18/2023 1.5 $ 175.00 $ 262.50 Robin B. McCormack

7/19/2023 0.2 $ 400.00 $ 80.00 Griffin S. Rubin

7/20/2023 0.5 $ 650.00 $ 325.00 Brad J. Robinson

7/21/2023 0.5 $ 400.00 $ 200.00 Griffin S. Rubin

7/28/2023 2.8 $ 650.00 $ 1,820.00 Brad J. Robinson

7/28/2023 4.2 $ 400.00 $ 1,680.00 Griffin S. Rubin

7/28/2023 2 $ 175.00 $ 350.00 Robin B. McCormack

TOTAL $ 17,457.50

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