Mark Cuban’s request to withdraw his Rule 202 petition was granted by Texas Business Court Judge Bill Whitehill without prejudice Monday.
Two entities associated with Cuban filed one in Dallas County in July seeking a pre-suit deposition of Arena Development Intermediate’s corporate representative. Cuban’s filings claimed the pre-suit deposition 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.
Days before the scheduled hearing before Dallas County Judge Dale Tillery, ADI moved the case to the Texas Business Court.
Yesterday, Judge Whitehill dismissed the case without prejudice in response to Cuban’s notice of nonsuit.
“It defies belief that the Valley View Options are ‘purely exploratory,’” the notice stated.
“But straining to trade a public hearing for a shroud of secrecy, Arena Development Intermediate, LLC (“ADI”) finally revealed what it had concealed: its corporate structure, ultimate ownership, and affiliate status. ADI’s disclosure confirms it is working with DSG, DSGM, Patrick Dumont, and its other associates to violate Petitioners’ rights,” the notice reads. “With ADI’s ownership structure, affiliate status, and conduct now established, the Rule 202 Petition has served its purpose.”
Counsel for both parties did not immediately respond to a request for comment.
James Bookhout, Megan McKennon and W. Reid Corbin of Katten Muchin Rosenman are representing Arena Development Intermediate.
John Zavitsanos, Warren McCarty, Jason McManis, Emily Adler, Anders Huizenga, Justin Kenney and Matthew Micik of Ahmad, Zavitsanos & Mensing, 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.