Texas Court of Appeals, 15th District, 2025

Riverside Stategic Capital Fund I, LP, RSCF Blocker True Health, LLC, RSCF I-A Blocker True Health, LLC v. CLG Investments, LLC

Texas Court of Appeals, 15th District · Decided August 18, 2025

Opinion

E-filed in the Office of the Clerk for the Business Court of Texas 8/15/2025 4:33 PM Accepted by: Alexis Jennings Case Number: 25-BC01B-0006 CAUSE NO. 25-BC01B-0006 RIVERSIDE STRATEGIC § CAPITAL FUND I, L.P., et al., § § Plaintiffs, § IN THE TEXAS § v. BUSINESS COURT § CLG INVESTMENTS, LLC, et § FIRST DIVISION 1B al., § § Defendants. §

PLAINTIFFS’ NOTICE OF APPEAL COMES NOW, Riverside Strategic Capital Fund I, L.P., RSCF Blocker True Health, LLC, and RSCF I-A Blocker True Health, LLC (collectively, “Plaintiffs”) and pursuant to Tex. R. App. P. 25.1, state their desire and intention to appeal from the Order Nunc Pro Tunc granting the Motion for Summary Judgment by Defendants Fernando De Leon, LCG Ventures, LLC, LCG Ventures II, LLC, and Leon Capital Partners, LLC, and the joinder in that motion by Defendants CLG Investments, LLC, Christopher Grottenthaler, Covert Investment Operations, LLC, True Health Diagnostic Management, LLC, Richard Covert, Timothy Tatarowicz, Alba Durata, LLC, Melinda Milburn, Jack Novak, and Dana Hovind, entered and signed on July 10, 2025, and the Order granting the PLAINTIFFS’ NOTICE OF APPEAL Page 1 Special Appearance of Defendants Tom Wippman, Mark Thomas Smith, Alexandra Nettesheim, Kyle Nettesheim, Robert Osterhoff, RJ Investments, Matt Milburn, Michael Clements, Michael Osterhoff, Karen Miller, Edward McCann, Daniel Grottenthaler, Anita Grottenthaler, Christian Richards, Christopher Kling, Kevin Nellis, Carol Nellis, Bruce Zivian, Ryan Nellis, and Ancelmo E. Lopes, entered and signed on July 17, 2025, by the Honorable Bill Whitehill, in Cause No. 25-BC01B-0006, styled Riverside Strategic Capital Fund I, L.P., et al., v. CLG Investments, LLC, et al. True and correct copies of these Orders are attached to this Notice as Exhibit 1 and Exhibit 2 respectively. These two Orders combined dispose of all parties and all causes of action.

Plaintiffs desire to and are appealing to the Fifteenth Court of Appeals sitting in Austin, Texas. The Fifteenth Court of Appeals has jurisdiction over this appeal as this is an appeal from the Business Court.

See Tex. Gov’t Code § 25A.007.

PLAINTIFFS’ NOTICE OF APPEAL Page 2 Respectfully submitted,

_______________________________ ROGGE DUNN State Bar No. 06249500 E-mail: [email protected] LANE M. WEBSTER State Bar No. 24089042 E-mail: [email protected] ROGGE DUNN GROUP, PC N. Akard Street Suite 1900 Dallas, Texas 75201 Telephone: (214) 888-5000 Facsimile: (214) 220-3833 WILLIAM SAVITT (pro hac vice) Email: [email protected] ADAM M. GOGOLAK (pro hac vice) Email: [email protected] WACHTELL, LIPTON, ROSEN & KATZ West 52nd Street New York, New York 10019 Telephone: (212) 403-1000 Facsimile: (212) 403-2000 ATTORNEYS FOR PLAINTIFFS

PLAINTIFFS’ NOTICE OF APPEAL Page 3 CERTIFICATE OF SERVICE This certifies that a true and correct copy of the above and foregoing instrument was served on the Parties’ counsel of record pursuant to the Rules on this 15th day of August, 2025.

______________________________ ROGGE DUNN LANE M. WEBSTER

PLAINTIFFS’ NOTICE OF APPEAL Page 4 The Business Court of Texas, 1st Division RIVERSIDE STRATEGIC CAPITAL § FUND I, L.P.; RSCF BLOCKER § TRUE HEALTH, LLC; and RSCF I-A § BLOCKER TRUE HEALTH, LLC, § Plaintiffs, § v. § Cause No. 25-BC01B-0006 § CLG INVESTMENTS, LLC; § CHRISTOPHER § GROTTENTHALER; COVERT § INVESTMENT OPERATIONS, LLC; § TRUE HEALTH DIAGNOSTIC § MANAGEMENT LLC; L. RICHARD § COVERT; LCG VENTURES II, LLC; § FERNANDO DE LEON; TIMOTHY § TATROWICZ ALBA DURATA, § LLC; TOM D. WIPPMAN, in his § capacity as TRUSTEE OF THE TOM § D. WIPPMAN REVOCABLE § TRUST; MARK THOMAS SMITH; § ALEXANDRA NETTESHEIM; § KYLE NETTESHEIM; ROBERT J. § OSTERHOFF; RJ INVESTMENTS; § MATT MILBURN; MICHAEL A. § CLEMENTS; MICHAEL § OSTERHOFF; MELINDA L. § MILBURN; KAREN A. MILLER; § JACK NOVAK; EDWARD MCCAN; §

DANIEL GROTTENTHALER; § ANITA GROTTENTHALER; DANA § M. HOVIND; CHRISTIAN § RICHARDS; CHRISTOPHER W. § KLING; in his capacity as TRUSTEE § OF CHRISTOPHER W. & MARISSA § M. KLING REV TRUST U/A/D § 5/11/2012; KEVIN M. NELLIS; § CAROL A. NELLIS; BRUCE § ZIVIAN; RYAN NELLIS; and § ANCELMO E. LOPES, Defendants § ═══════════════════════════════════════ ORDER NUNC PRO TUNC ═══════════════════════════════════════ Before the court is the April 4, 2025, Motion for Summary Judgment by Fernando De Leon, LCG Ventures, LLC, LCG Ventures II, LLC, and Leon Capital Partners, LLC and the May 27, 2025, joinder in that motion by CLG Investments, LLC, Christopher Grottenthaler, Covert Investment Operations, LLC, True Health Diagnostic Management, LLC, Richard Covert, Timothy Tatarowicz, Alba Durata, LLC, Melinda Milburn, Jack Novak, and Dana Hovind. Having considered the pleadings, plaintiffs’ response and their motion for continuance, the summary judgment evidence, and the parties’ briefing and oral argument heard on July 3, 2025, the court concludes as follows: Defendants conclusively established that all of plaintiffs’ causes of action accrued no later than December 6, 2019—when the related bankruptcy proceedings were substantially consummated (Pet. ¶ 77)—more than for years before the filing of this action. Therefore, all of plaintiffs’ claims against the above-listed defendants are barred under the applicable statutes of limitations.

Further, plaintiffs did not raise a genuine issue of material fact concerning fraudulent concealment after that date. Therefore, the statutes of limitations were not tolled between that date and the filing of this action.

Additionally, plaintiffs did not carry their burden of establishing grounds supporting their motion for continuance.

Accordingly, because December 6, 2019, is more than four years before this lawsuit was filed on January 23, 2025, causes of action against the above- listed defendants are barred by the applicable statutes of limitations and are dismissed with prejudice.

So ORDERED.

BILL WHITEHILL Judge of the Texas Business Court, First Division

SIGNED: July 10, 2025 FILED IN BUSINESS COURT OF TEXAS BEVERLY CRUMLEY, CLERK ENTERED 7/17/2025

The Business Court of Texas, 1st Division RIVERSIDE STRATEGIC CAPITAL § FUND I, L.P.; RSCF BLOCKER § TRUE HEALTH, LLC; and RSCF I-A § BLOCKER TRUE HEALTH, LLC, § Plaintiffs, § v. § Cause No. 25-BC01B-0006 § CLG INVESTMENTS, LLC; § CHRISTOPHER § GROTTENTHALER; COVERT § INVESTMENT OPERATIONS, LLC; § TRUE HEALTH DIAGNOSTIC § MANAGEMENT LLC; L. RICHARD § COVERT; LCG VENTURES II, LLC; § FERNANDO DE LEON; TIMOTHY § TATROWICZ ALBA DURATA, § LLC; TOM D. WIPPMAN, in his § capacity as TRUSTEE OF THE TOM § D. WIPPMAN REVOCABLE § TRUST; MARK THOMAS SMITH; § ALEXANDRA NETTESHEIM; § KYLE NETTESHEIM; ROBERT J. § OSTERHOFF; RJ INVESTMENTS; § MATT MILBURN; MICHAEL A. § CLEMENTS; MICHAEL § OSTERHOFF; MELINDA L. § MILBURN; KAREN A. MILLER; § JACK NOVAK; EDWARD MCCAN; §

Based on the above, the court grants the Out-of-State Defendants’ Special Appearance and dismisses the claims against them.

So ORDERED.

Opinion to follow.

BILL WHITEHILL Judge of the Texas Business Court, First Division

SIGNED: July 17, 2025

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.

Rogge Dunn Bar No. 6249500 [email protected] Envelope ID: 104456284 Filing Code Description: Notice of Appeal Filing Description: Plaintiff's Notice of Appeal Status as of 8/18/2025 8:11 AM CST Associated Case Party: Riverside Stategic Capital Fund I, LP Name BarNumber Email TimestampSubmitted Status Rashella Widdoes - Paralegal [email protected] 8/15/2025 4:33:57 PM SENT Rogge Dunn [email protected] 8/15/2025 4:33:57 PM SENT Lane Webster [email protected] 8/15/2025 4:33:57 PM SENT Adam Gogolak [email protected] 8/15/2025 4:33:57 PM SENT William Savitt [email protected] 8/15/2025 4:33:57 PM SENT Michael Avi-Yonah [email protected] 8/15/2025 4:33:57 PM SENT

Associated Case Party: CLG Investments, LLC Name BarNumber Email TimestampSubmitted Status Ryan Downton [email protected] 8/15/2025 4:33:57 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Morgan DMeyer [email protected] 8/15/2025 4:33:57 PM SENT Sean Lemoine [email protected] 8/15/2025 4:33:57 PM SENT Camille Youngblood [email protected] 8/15/2025 4:33:57 PM SENT Chinar Hassan [email protected] 8/15/2025 4:33:57 PM SENT Zachary Farrar [email protected] 8/15/2025 4:33:57 PM SENT Ashley A.Hutcheson [email protected] 8/15/2025 4:33:57 PM SENT Business Court 1B [email protected] 8/15/2025 4:33:57 PM SENT Barb Morgan [email protected] 8/15/2025 4:33:57 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system.

Rogge Dunn Bar No. 6249500 [email protected] Envelope ID: 104456284 Filing Code Description: Notice of Appeal Filing Description: Plaintiff's Notice of Appeal Status as of 8/18/2025 8:11 AM CST Case Contacts Barb Morgan [email protected] 8/15/2025 4:33:57 PM SENT Karina Enriquez [email protected] 8/15/2025 4:33:57 PM SENT

Case-law data current through December 31, 2025. Source: CourtListener bulk data.