1

Troy Brown

From: Jason Winford <jwinford@grsm.com>

Sent: Friday, July 29, 2022 4:44 PM

To: Rogge Dunn; Seth Little

Cc: Anne Besser (AnneBesser@me.com); Bob Bragalone; Greg McAllister; Kent Krause; LaKeisha Phillips; 

Malerie Anderson Esq. --o/c (manderson@cdklawfirm.com); Troy Brown; Natalie M. McLaughlin 

(nmmclaughlin@vorys.com)

Subject: RE: [External Sender]FW: Does/Theta TRO to sign

Attachments: Temporary Restraining Order.v11.docx

Seth, here is the copy with all the signatures. 

Jason E. Winford 

Gordon Rees Scully Mansukhani, LLP 

2200 Ross Avenue, Suite 3700 

Dallas, TX 75201 

(214) 231-4760 

jwinford@grsm.com

From: Rogge Dunn <dunn@roggedunngroup.com> 

Sent: Friday, July 29, 2022 4:42 PM 

To: Jason Winford <jwinford@grsm.com>; Seth Little <Seth.Little@dallascounty.org> 

Cc: Anne Besser (AnneBesser@me.com) <AnneBesser@me.com>; Bob Bragalone <bbragalone@grsm.com>; 

Greg McAllister <McAllister@roggedunngroup.com>; Kent Krause <kkrause@cdklawfirm.com>; LaKeisha Phillips 

<phillips@roggedunngroup.com>; Malerie Anderson Esq. --o/c (manderson@cdklawfirm.com) 

<manderson@cdklawfirm.com>; Troy Brown <tbrown@roggedunngroup.com>; Natalie M. McLaughlin 

(nmmclaughlin@vorys.com) <nmmclaughlin@vorys.com> 

Subject: RE: [External Sender]FW: Does/Theta TRO to sign 

Thanks Jason 

Seth that means we have all signatures 

 Regards, 

 

 Rogge 

APP 0001

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 1 of 15 PageID 628
2

 

 Rogge Dunn Group, PC

 500 N. Akard Street, Suite 1900

 Dallas, Texas 75201-6629

 Dir (214) 220-0077

 Cell (214) 356-6666

 Fax (214) 220-3833

 Download vCard

 Website and Bio: http://roggedunngroup.com/attorneys_profiles/rogge_dunn.html

 

APP 0002

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 2 of 15 PageID 629
3

“Civility is not a sign of weakness."

 --John F. Kennedy, Inaugural address Jan. 20, 1961

The statements contained herein are not intended to and do not constitute an opinion as to any tax or other 

matter. They are not intended or written to be used, and may not be relied upon, by you or any other person 

for the purpose of avoiding penalties that may be imposed under any Federal tax law or otherwise.

This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. '' 2510-2521 and is legally

privileged. The information contained in this e-mail is intended only for use of the individual or entity named above.

If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the

intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is

strictly prohibited. If you have received this communication in error, please immediately notify us by telephone

(Collect)(214-888-5000), and destroy the original message. Thank You.

 

From: Jason Winford <jwinford@grsm.com> 

Sent: Friday, July 29, 2022 4:36 PM 

To: Seth Little <Seth.Little@dallascounty.org>; Rogge Dunn <dunn@roggedunngroup.com> 

Cc: Anne Besser (AnneBesser@me.com) <AnneBesser@me.com>; Bob Bragalone <bbragalone@grsm.com>; 

Greg McAllister <McAllister@roggedunngroup.com>; Kent Krause <kkrause@cdklawfirm.com>; LaKeisha Phillips 

<phillips@roggedunngroup.com>; Malerie Anderson Esq. --o/c (manderson@cdklawfirm.com) 

<manderson@cdklawfirm.com>; Troy Brown <tbrown@roggedunngroup.com>; Natalie M. McLaughlin 

(nmmclaughlin@vorys.com) <nmmclaughlin@vorys.com> 

Subject: RE: [External Sender]FW: Does/Theta TRO to sign 

Rogge, it has been signed as to form and emailed back to you. 

Jason E. Winford 

Gordon Rees Scully Mansukhani, LLP 

2200 Ross Avenue, Suite 3700 

Dallas, TX 75201 

(214) 231-4760 

jwinford@grsm.com

From: Seth Little <Seth.Little@dallascounty.org> 

Sent: Friday, July 29, 2022 4:23 PM 

To: Rogge Dunn <dunn@roggedunngroup.com> 

Cc: Anne Besser (AnneBesser@me.com) <AnneBesser@me.com>; Bob Bragalone 

<bbragalone@grsm.com>; Greg McAllister <McAllister@roggedunngroup.com>; Jason Winford 

<jwinford@grsm.com>; Kent Krause <kkrause@cdklawfirm.com>; LaKeisha Phillips 

<phillips@roggedunngroup.com>; Malerie Anderson Esq. --o/c (manderson@cdklawfirm.com) 

<manderson@cdklawfirm.com>; Troy Brown <tbrown@roggedunngroup.com> 

Subject: RE: [External Sender]FW: Does/Theta TRO to sign 

APP 0003

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 3 of 15 PageID 630
4

Received.

 

Seth Little

Coordinator, Dallas County Court at Law #1

600 Commerce St, Ste 550, Dallas TX 75202

214-653-6581

View Court 1 rules & procedures at: 

https://www.dallascounty.org/government/courts/county_court_at_law/law1/

View case info, docket calendar & scanned documents at: 

https://courtsportal.dallascounty.org/DALLASPROD/

 

From: Rogge Dunn <dunn@roggedunngroup.com> 

Sent: Friday, July 29, 2022 4:21 PM 

To: Seth Little <Seth.Little@dallascounty.org> 

Cc: Anne Besser (AnneBesser@me.com) <AnneBesser@me.com>; Bob Bragalone 

<bbragalone@grsm.com>; Greg McAllister <McAllister@roggedunngroup.com>; Jason Winford 

<jwinford@grsm.com>; Kent Krause <kkrause@cdklawfirm.com>; LaKeisha Phillips 

<phillips@roggedunngroup.com>; Malerie Anderson Esq. --o/c (manderson@cdklawfirm.com) 

<manderson@cdklawfirm.com>; Rogge Dunn <dunn@roggedunngroup.com>; Troy Brown 

<tbrown@roggedunngroup.com> 

Subject: [External Sender]FW: Does/Theta TRO to sign 

 

Seth,

Counsel for Facility Corporation has signed the order agreed as to form 

and substance as the Judge instructed. (see below). Counsel for Theta 

National has not signed TRO as to form only. I sent the order to him 

more than 30 minutes ago (at 3:41 pm). 

As noted by counsel for Facility Corporation (in her email below) the 

order reflects what the Judge ordered today. Since its late in the day, 

we would appreciate the Judge signing the order today so this doesn't 

drag out over the weekend. 

The parties’ counsel of record are being copied with this 

communication and attachments, if any, at the same time and in the 

same manner as it is being sent to the Court. 

 

 

 Regards,

APP 0004

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 4 of 15 PageID 631
5

 

 Rogge

 

 Rogge Dunn Group, PC

 500 N. Akard Street, Suite 1900

 Dallas, Texas 75201-6629

 Dir (214) 220-0077

 Cell (214) 356-6666

 Fax (214) 220-3833

 Download vCard

 Website and Bio: http://roggedunngroup.com/attorneys_profiles/rogge_dunn.html

APP 0005

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 5 of 15 PageID 632
6

“Civility is not a sign of weakness."

 --John F. Kennedy, Inaugural address Jan. 20, 1961

The statements contained herein are not intended to and do not constitute an opinion as to any tax or 

other matter. They are not intended or written to be used, and may not be relied upon, by you or any 

other person for the purpose of avoiding penalties that may be imposed under any Federal tax law or 

otherwise.

This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. '' 2510-2521 and is legally

privileged. The information contained in this e-mail is intended only for use of the individual or entity

named above. If the reader of this message is not the intended recipient, or the employee or agent

responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution

or copying of this communication is strictly prohibited. If you have received this communication in error,

please immediately notify us by telephone (Collect)(214-888-5000), and destroy the original

message. Thank You.

APP 0006

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 6 of 15 PageID 633
7

 

From: Rogge Dunn 

Sent: Friday, July 29, 2022 3:41 PM 

To: Jason Winford <jwinford@grsm.com> 

Cc: Malerie Anderson Esq. --o/c (manderson@cdklawfirm.com) <manderson@cdklawfirm.com>; Greg 

McAllister 

Subject: FW: Does/Theta TRO to sign as to form only 

 

Counsel,

Counsel for facility Corporation has signed the attached TRO (see 

below). Please review sign same and return to me

 

 

 Regards,

 

 Rogge

 

 Rogge Dunn Group, PC

 500 N. Akard Street, Suite 1900

 Dallas, Texas 75201-6629

 Dir (214) 220-0077

 Cell (214) 356-6666

 Fax (214) 220-3833

 Download vCard

 Website and Bio: http://roggedunngroup.com/attorneys_profiles/rogge_dunn.html

APP 0007

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 7 of 15 PageID 634
8

“Civility is not a sign of weakness."

 --John F. Kennedy, Inaugural address Jan. 20, 1961

The statements contained herein are not intended to and do not constitute an opinion as to any tax or 

other matter. They are not intended or written to be used, and may not be relied upon, by you or any 

other person for the purpose of avoiding penalties that may be imposed under any Federal tax law or 

otherwise.

This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. '' 2510-2521 and is legally

privileged. The information contained in this e-mail is intended only for use of the individual or entity

named above. If the reader of this message is not the intended recipient, or the employee or agent

responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution

or copying of this communication is strictly prohibited. If you have received this communication in error,

please immediately notify us by telephone (Collect)(214-888-5000), and destroy the original

message. Thank You.

APP 0008

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 8 of 15 PageID 635
9

 

From: Malerie Anderson <manderson@cdklawfirm.com> 

Sent: Friday, July 29, 2022 3:37 PM 

To: Greg McAllister <McAllister@roggedunngroup.com> 

Cc: Rogge Dunn <dunn@roggedunngroup.com>; LaKeisha Phillips <phillips@roggedunngroup.com>; 

Kent Krause <kkrause@cdklawfirm.com> 

Subject: Re: Does v Theta, et al 

 

You may sign with my permission. This reflects the Court’s ruling. 

MTA 

 

 

On Jul 29, 2022, at 1:33 PM, Greg McAllister <McAllister@roggedunngroup.com> wrote: 

 

Malerie – Please confirm if approved to add your e-signature on attached proposed 

TRO. Thanks, Greg 

 

Greg McAllister

Partner

ROGGE DUNN GROUP, P.C.

500 N. Akard Street, Suite 1900

Dallas, Texas 75201

mcallister@roggedunngroup.com

(214) 747-1304

https://roggedunngroup.com/attorneys/greg-mcallister

 

This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-

2521 and is legally privileged. The information contained in this e-mail is intended only 

for use of the individual or entity named above. If the reader of this message is not the 

intended recipient, or the employee or agent responsible to deliver it to the intended 

recipient, you are hereby notified that any dissemination, distribution or copying of this 

communication is strictly prohibited. If you have received this communication in error, 

please immediately notify us by telephone (Collect)(214-220-3888), and destroy the 

original message. Thank You. 

 

IMPORTANT/CONFIDENTIAL: This message, including any accompanying documents or attachments, 

contains information from the law firm of Craddock Davis & Krause LLP that may be privileged, 

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APP 0009

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 9 of 15 PageID 636
10

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YOUR 50 STATE PARTNER®

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APP 0010

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 10 of 15 PageID 637
TEMPORARY RESTRAINING ORDER 

R: 1\1870\010 - PC22_Theta\Pleadings\Drafts\Temporary Restraining Order.doc 1 

CAUSE NO. CC-22-03989-A 

JANE DOES 1, 2, 3, 4, 5, 6, 7, 8, and 9, 

and PARENT DOES 1, 2, 3, 4, and 5, 

 Plaintiffs, 

v. 

KAPPA ALPHA THETA 

FRATERNITY, INC. and BETA SIGMA 

CHAPTER of KAPPA ALPHA THETA 

FRATERNITY, INC., and BETA 

SIGMA FACILITY CORPORATION 

OF KAPPA ALPHA THETA 

FRATERNITY, INC., 

 Defendants. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

IN THE COUNTY COURT 

AT LAW NO. 1 

DALLAS COUNTY, TEXAS 

TEMPORARY RESTRAINING ORDER

On this day, the Court considered Plaintiffs’1 Original Petition and Application for 

Temporary Restraining Order and Injunction (“Petition”) with supporting documents and 

declarations verifying same filed against Kappa Alpha Theta Fraternity, Inc. (“Theta”); Beta 

Sigma Chapter of Kappa Alpha Theta Fraternity, Inc. (“Beta Sigma Chapter”); and Beta Sigma 

Facility Corporation of Kappa Alpha Theta Fraternity, Inc. (“Beta Sigma Facility Corporation”) 

(Beta Sigma Chapter and Beta Sigma Facility Corporation are collectively “Beta Sigma”). 

During the hearing, Plaintiffs withdrew their requests for all other injunctive relief sought 

in their Original Application for Temporary Restraining Order based on a Rule 11 Agreement 

reached by Plaintiffs and Kappa Alpha Theta Fraternity, Inc. and Beta Sigma Facility Corporation 

of Kappa Alpha Theta Fraternity, Inc. without prejudice to seeking said relief at the Temporary 

Injunction hearing. 

After reviewing the evidence, the pleadings, and hearing the arguments of the Parties, the 

1 Plaintiffs are (a) Jane Does 1, 2, 3, 4, 5, 6, 7, 8, and 9 (collectively “Student Does”) and (b) Parent Does 1, 2, 3, 4, 

and 5 (collectively “Parent Does”). Collectively, Student Does and Parent Does are “Plaintiffs.” 

APP 0011

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 11 of 15 PageID 638
TEMPORARY RESTRAINING ORDER 

R: 1\1870\010 - PC22_Theta\Pleadings\Drafts\Temporary Restraining Order.doc 2 

Court makes the following findings of fact and issues the following orders: 

It clearly appears that Plaintiffs established (1) a cause of action, (2) probable right to the 

relief sought, and (3) probable, imminent, and irreparable injury in the event this Temporary 

Restraining Order is not issued. 

Specifically, it clearly appears that (1) Beta Sigma entered into a valid contract with 

Plaintiffs (whether express or implied) to provide housing to Plaintiffs and (2) Student Does 

suffered harm as a result of the breach and will suffer irreparable harm (for which there is no 

adequate remedy at law) as a result of the breach of the contract to provide housing in the absence 

of the issuance of this Temporary Restraining Order. Accordingly, it appears likely that Plaintiffs 

have a probable right to the relief sought on their breach of contract cause of action against Beta 

Sigma regarding the housing contract. 

The Court further finds that Plaintiffs provided Defendants with adequate notice of the 

hearing on Plaintiffs’ Application for Temporary Restraining Order. If any Defendant did not 

appear for the hearing for this Order and argue that this Order was issued ex parte, and such was 

necessary because it appears from the papers that Defendants will commit or continue to commit 

certain unlawful acts before additional notice of hearing on an application for temporary injunction 

can be served and the hearing held. 

The Court enters this Order to maintain the status quo. 

It clearly appears that unless Beta Sigma is subject to an order enjoining Beta Sigma, 

individually or jointly, and their agents, servants, employees, and others acting in concert or in 

participation with them, as follows, 

1. Beta Sigma, individually or jointly, and their agents, servants, employees, and others 

acting in concert or in participation with them, is enjoined from not providing residential 

APP 0012

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 12 of 15 PageID 639
TEMPORARY RESTRAINING ORDER 

R: 1\1870\010 - PC22_Theta\Pleadings\Drafts\Temporary Restraining Order.doc 3 

housing to the Student Does at the house located at 3108 University Boulevard, Dallas, 

Texas 75205; and 

2. Beta Sigma, individually or jointly, and their agents, servants, employees, and others 

acting in concert or in participation with them, is enjoined from assigning or transferring 

the rights of the Student Does to reside at 3108 University Boulevard, Dallas, Texas 75205, 

then, Plaintiffs will suffer probable, imminent, and irreparable injury because: 

1. Plaintiffs’ damages and injuries are continuing and, to a large degree, incalculable, not 

an adequate remedy at law, and/or cannot be measured by any certain proper pecuniary 

standard; and 

2. Certain Student Does need to be able to maintain status quo for certainty about their 

residences as school begins in 25 days. 

IT IS THEREFORE ORDERED that this Temporary Restraining Order is hereby issued 

enjoining Beta Sigma, individually or jointly, and their agents, servants, employees, and others 

acting in concert or in participation with them from: 

1. Not providing residential housing to the Student Does at the house located at 3108 

University Boulevard, Dallas, Texas 75205; and 

2. Assigning or transferring the rights of the Student Does to reside at 3108 University 

Boulevard, Dallas, Texas 75205. 

from the date of the entry of this Order and until the 14th day after entry, or until further order of 

this Court, or agreement of the parties, extending the duration of this Temporary Restraining Order. 

IT IS FURTHER ORDERED that Plaintiffs’ Application for a Temporary Injunction 

shall be heard before the Honorable Judge D’Metria Benson of the County Court at Law No. 1 in 

Dallas County, Texas on the 17th day of August, 2022, at 2:00 p.m. 

APP 0013

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 13 of 15 PageID 640
TEMPORARY RESTRAINING ORDER 

R: 1\1870\010 - PC22_Theta\Pleadings\Drafts\Temporary Restraining Order.doc 4 

IT IS FURTHER ORDERED that the Clerk of the above-entitled Court shall forthwith, 

on the filing by Plaintiffs of the bond hereafter required, and on approving the same according to 

the law, issue a Temporary Restraining Order in conformity with the law and the terms of this 

Order. 

IT IS FURTHER ORDERED that this Order shall not be effective unless and until 

Plaintiffs execute and file with the Clerk a Bond, in conformity with the law, in the amount of 

$500.00, which the Court finds will adequately protect the interests of Beta Sigma pending a 

hearing on Plaintiffs’ Application for Temporary Injunction. 

Failure to comply with this Order will subject Beta Sigma and their agents, servants, 

employees, and others acting in concert or in participation with Beta Sigma to contempt 

proceedings before this Court. 

 SIGNED this the ____ day of ________________, 2022, at __________, ___ m. 

 

JUDGE PRESIDING 

APP 0014

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 14 of 15 PageID 641
TEMPORARY RESTRAINING ORDER 

R: 1\1870\010 - PC22_Theta\Pleadings\Drafts\Temporary Restraining Order.doc 5 

AGREED AS TO FORM ONLY 

_____________________________________ 

Rogge Dunn 

Counsel for Plaintiffs 

/s/ Jason Winford 

Bob Bragalone 

Jason Winford 

Counsel for Kappa Alpha Theta Fraternity, Inc. 

 

AGREED AS TO FORM AND SUBSTANCE 

/s/Malerie Anderson 

Malerie Anderson 

Counsel for Beta Sigma Facility Corporation of Kappa Alpha Theta Fraternity, Inc. 

APP 0015

Case 3:22-cv-01782-M Document 21-2 Filed 08/18/22 Page 15 of 15 PageID 642