Area Development Intermediate filed notice of removal to the Texas Business Court Friday evening, delaying Mark Cuban’s petition for a pre-suit deposition that had been pending in Dallas County district court.
ADI was hired by current Dallas Mavericks ownership to pursue the new arena deal. The Rule 202 petition, which was filed last month by the two entities associated with Cuban, is asking the court for a deposition that could help them determine whether they have grounds to pursue a lawsuit.
Cuban’s filing claims the pre-suit deposition of ADI’s corporate representative is aimed at uncovering details about how the Mavericks struck a deal to buy the Valley View Mall property.
Cuban, who maintains an ownership interest in the American Airlines Center, seeks information on how the deal may affect his contractual rights.
Dallas County Judge Dale Tillery had set a hearing for Wednesday on the deposition request, but the venue change has likely pushed arguments on the petition back by a week.
Despite Cuban’s motion for remand to the state district court, Business Court Judge Bill Whitehill has scheduled a hearing for Aug. 14.
In court filings, Cuban contends that the business court lacks jurisdiction because the case is not a “civil action.”
“Put simply, if a matter is not a civil lawsuit, this court does not have jurisdiction over it, and the Court must remand the matter back to the district court,” the motion filed Monday reads.
The motion further stated that the removal five days before that Rule 202 hearing was ADI’s attempt to avoid the hearing.
“ADI’s removal is gamesmanship, done to avoid the scheduled hearing. Petitioners respectfully request that this Court conduct an emergency hearing on their Motion to Remand and promptly remand the Rule 202 Petition back to the 134th District Court, Dallas County, so that the August 5th hearing may proceed as scheduled,” the motion reads.
The hearing was scheduled for July 15 despite ADI’s conflicts. Cuban’s attorneys tried to resolve those conflicts but encountered resistance.
“In an effort to accommodate his schedule, petitioners’ counsel asked him to provide alternative dates when he would be available,” the filing reads. “Mr. Bookhout responded only that he had a conflict every other day the week of August 5 but declined to identify those conflicts or provide any meaningful availability. Despite petitioners’ repeated requests, ADI has not offered any reasonable alternative dates other than suggesting the hearing be delayed until late August or September.”
They further wrote that, given the facts of the petition, a delay was not “workable.”
James Bookhout, Megan McKennon and W. Reid Corbin of Katten Muchin Rosenman are representing Area Development Intermediate.
John Zavitsanos, Warren McCarty, Jason McManis, Emily Adler, Anders Huizenga, Justin Kenney and Matthew Micik of AZA, and Collin Kennedy and Hastings Hanshaw of Hanshaw Kennedy Hafen are representing Radical Hoops and Radical Mavericks II.
The case number is 26-BC01B-0067.