UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

SECURITIES AND EXCHANGE §

COMMISSION, § 

§

Plaintiff §

§

v. § C.A. No.: 3:22-cv-2118-X

§

TIMOTHY BARTON, CARNEGIE §

DEVELOPMENT, LLC, WALL007, LLC, §

WALL009, LLC, WALL010, LLC, § Jury Trial Demanded

WALL011, LLC, WALL012, LLC, §

WALL016, LLC, WALL017, LLC, §

WALL018, LLC, WALL019, LLC, §

HAOQIANG FU (aka MICHAEL FU), §

STEPHEN T. WALL, §

§

Defendants §

§

DJD LAND PARTNERS, LLC and §

LDG001, LLC, §

§

Relief Defendants §

EXHIBIT A

Case 3:22-cv-02118-X Document 320-1 Filed 09/28/23 Page 1 of 7 PageID 10814
CAUSE NO. 

Serena Badgley, As Next Friend of § COUNTY COURT AT LAW 

B.B., a Minor § 

 § 

Plaintiffs, § 

 § NO. _________ 

v. § 

 § 

Goldmark Hospitality, LLC § 

 § 

 Defendant. § DALLAS COUNTY, TEXAS 

Plaintiffs’ Original Petition 

Plaintiffs Serena Badgley, As Next Friend of B.B., Minor file this petition against 

Goldmark Hospitality, LLC and would show the Court the following: 

I. 

Discovery Level 

1. Discovery in this matter may be conducted under Level 2 of the Texas Rules of 

Civil Procedure. 

II. 

Jurisdiction and Venue

 2. Plaintiffs bring claims under the common law of Texas. Jurisdiction and venue 

are proper in this Court because Defendant has a principal office in this County. Furthermore, 

the incident given rise to this suit occurred in this County. TEX. CIV. PRAC. REM. CODE § 

15.002.

III. 

Parties

FILED

7/23/2021 3:15 PM

JOHN F. WARREN

COUNTY CLERK

DALLAS COUNTY

CC-21-02991-B

Case 3:22-cv-02118-X Document 320-1 Filed 09/28/23 Page 2 of 7 PageID 10815
2 

 3. Plaintiffs are residents and citizens of Texas. Serena Badgley is the mother of 

minor, B.B.. 

 4. Defendant Goldmark Hospitality, LLC is a Texas limited liability company with 

a principal place of business in Dallas County, Texas. This Defendant may be served with 

process by serving its registered agent ONE Agent Texas, LLC, 815 Brazos St., Suite 500, 

Austin, Texas 78701. 

IV. 

Facts

5. On or about June 24, 2021, Plaintiffs were residents at the apartment complex, 

Amerigold Suites. On information and belief, Amerigold Suites is owned by Defendant 

Goldmark Hospitality, LLC. Plaintiffs had recently moved into the second story of the 

apartment complex. On the day of the incident, B.B. was in the apartment complex when a 

window that was not supposed to open gave way. B.B. fell all the way to the ground from the 

second story. B.B. suffered severe injures to his pelvis, head, legs, and other parts of his body. 

V. 

Causes of Action

A. Negligence and Gross Negligence 

 6. Plaintiffs repeat and reallege each allegation contained above. 

 7. Plaintiffs sustained severe injuries because of Defendant’s negligence and gross 

negligence when Defendants: 

 Failed to create, enforce and implement adequate safety protocols and 

procedures; 

 Failed to maintain a safe living environment; 

Case 3:22-cv-02118-X Document 320-1 Filed 09/28/23 Page 3 of 7 PageID 10816
3 

 Failed to adequately inspect the premise; 

 Failed to train its employees; 

 Failed to warn of dangerous hazards at the apartment complex; 

 Failed to supervise its employees; 

 Failed to warn the Plaintiffs of hidden dangers; 

 Failed to abide by applicable rules and regulations; 

 Failed to keep the premises free of known hazards; and 

 Other acts so deemed negligent and grossly negligent. 

8. As a result of Defendant’s negligence and gross negligence, Plaintiff suffered 

severe physical injuries. Additionally, as a result of Defendant’s negligence and gross 

negligence, Plaintiff suffered severe physical and emotional injuries. The Defendant had the 

above referenced duties. Defendant breached those duties and Defendant’s breaches were the 

cause in fact and the proximate cause of all Plaintiff’s injuries. Furthermore, Defendant’s 

actions were done with reckless disregard to a substantial risk of severe bodily injury. As such, 

Plaintiffs are entitled to exemplary damages. 

B. Premises Liability 

9. Plaintiffs repeat and reallege each allegation contained above. 

10. Upon information and belief, Defendant owned, occupied and/or controlled the 

area where Plaintiff was caused to suffer severe injuries. The condition of the area where 

Plaintiff was injured posed an unreasonable risk of harm, and Defendant had actual knowledge 

or reasonably should have known of the unreasonably dangerous condition. Moreover, 

Plaintiff did not have actual knowledge of the unreasonably dangerous condition. 

Case 3:22-cv-02118-X Document 320-1 Filed 09/28/23 Page 4 of 7 PageID 10817
4 

11. Moreover, Plaintiff entered Defendant’s premises with permission. Defendant 

had a duty to either warn Plaintiffs of this unreasonably dangerous condition or make the 

unreasonably dangerous condition reasonably safe. Defendant breached this duty by failing to 

warn Plaintiffs of this known unreasonably dangerous condition, and by failing to make the 

unreasonably dangerous condition reasonably safe. Defendant’s breach proximately caused 

Plaintiff severe injuries. 

VI. 

Damages

12. As a result of said occurrences, Plaintiff sustained severe injuries to his pelvic, 

head, legs, and other parts of his body which resulted in extensive medical treatment, physical 

pain, mental anguish, disfigurement, and other medical problems. Plaintiff has sustained 

severe pain, physical impairment, discomfort, disfigurement, mental anguish, and distress. In 

all reasonable probability, Plaintiff’s physical pain, physical impairment and mental anguish 

will continue indefinitely. Plaintiff has suffered a loss of future earning capacity. Plaintiff has 

incurred and will incur pharmaceutical and medical expenses in connection with his injuries. 

13. Plaintiff has been damaged in a sum far in excess of the minimum jurisdictional 

limits of this Honorable Court, for which Plaintiffs now sue. Pursuant to Rule 47, Plaintiffs 

seeks monetary relief within the jurisdictional limits of this Court and over $1,000,000.00. 

VII. 

Jury Trial Demanded

14. Plaintiffs hereby demand a trial by jury. 

VIII. 

Case 3:22-cv-02118-X Document 320-1 Filed 09/28/23 Page 5 of 7 PageID 10818
5 

Prayer

 Plaintiffs pray that this citation issue and be served upon Defendant in a form and 

manner prescribed by law, requiring that Defendant appear and answer, and that upon final 

hearing, Plaintiffs have judgment against Defendant in a total sum in excess of $1,000,000.00, 

plus pre-judgment and post-judgment interests, all costs of Court, exemplary damages, and all 

such other and further relief, to which they may show themselves justly entitled. 

Respectfully Submitted, 

ARNOLD & ITKIN LLP 

/s/ Kurt B. Arnold 

_______________________________ 

Kurt B. Arnold 

SBN: 24036150 

karnold@arnolditkin.com 

Trent Shelton 

SBN: 24121119 

tshelton@arnolditkin.com

6009 Memorial Drive 

Houston, TX 77007 

Tel: 713.222.3800 

Fax: 713.222.3850 

e-service@arnolditkin.com 

 

ATTORNEYS FOR PLAINTIFFS 

Case 3:22-cv-02118-X Document 320-1 Filed 09/28/23 Page 6 of 7 PageID 10819
Automated Certificate of eService

This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system

on the date and to the persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Narissa Espinal on behalf of Kurt Arnold

Bar No. 24036150

nespinal@arnolditkin.com

Envelope ID: 55657516

Status as of 7/23/2021 3:48 PM CST

Associated Case Party: SERENA BADGLEY

Name

Kurt Arnold

Debbie Bowman

Roland Christensen

Narissa Espinal

Trenton Shelton

BarNumber Email

e-service@arnolditkin.com

DBowman@arnolditkin.com

rchristensen@arnolditkin.com

nespinal@arnolditkin.com

tshelton@arnolditkin.com

TimestampSubmitted

7/23/2021 3:15:45 PM

7/23/2021 3:15:45 PM

7/23/2021 3:15:45 PM

7/23/2021 3:15:45 PM

7/23/2021 3:15:45 PM

Status

SENT

SENT

SENT

SENT

SENT

Case 3:22-cv-02118-X Document 320-1 Filed 09/28/23 Page 7 of 7 PageID 10820