Riverside Stategic Capital Fund I, LP, RSCF Blocker True Health, LLC, RSCF I-A Blocker True Health, LLC v. CLG Investments, LLC
This text of Riverside Stategic Capital Fund I, LP, RSCF Blocker True Health, LLC, RSCF I-A Blocker True Health, LLC v. CLG Investments, LLC (Riverside Stategic Capital Fund I, LP, RSCF Blocker True Health, LLC, RSCF I-A Blocker True Health, LLC v. CLG Investments, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FILED IN BUSINESS COURT OF TEXAS BEVERLY CRUMLEY, CLERK ENTERED 7/10/2025
FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS 8/18/2025 10:56:06 AM CHRISTOPHER A. PRINE Clerk 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 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.
Envelope ID: 103018523 Filing Code Description: No Fee Documents Filing Description: Order Nunc Pro Tunc on motion for summary judgment Status as of 7/11/2025 10:37 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Morgan DMeyer morgan.meyer@wickphillips.com 7/11/2025 10:26:54 AM SENT
Sean Lemoine sean.lemoine@wickphillips.com 7/11/2025 10:26:54 AM SENT
Rashella Widdoes - Paralegal widdoes@RoggeDunnGroup.com 7/11/2025 10:26:54 AM SENT
Camille Youngblood camille.youngblood@wickphillips.com 7/11/2025 10:26:54 AM SENT
Rogge Dunn Dunn@RoggeDunnGroup.com 7/11/2025 10:26:54 AM SENT
Chinar Hassan chinar.hassan@wickphillips.com 7/11/2025 10:26:54 AM SENT
Zachary Farrar Zachary.Farrar@wickphillips.com 7/11/2025 10:26:54 AM SENT
Ashley A.Hutcheson ashley.hutcheson@wickphillips.com 7/11/2025 10:26:54 AM SENT
Adam Gogolak amgogolak@wlrk.com 7/11/2025 10:26:54 AM SENT
William Savitt wdsavitt@wlrk.com 7/11/2025 10:26:54 AM SENT
Michael Avi-Yonah MSAviYonah@wlrk.com 7/11/2025 10:26:54 AM SENT
Business Court 1B BCDivision1B@txcourts.gov 7/11/2025 10:26:54 AM SENT
Barb Morgan barb.morgan@wickphillips.com 7/11/2025 10:26:54 AM SENT
Karina Enriquez karina.enriquez@wickphillips.com 7/11/2025 10:26:54 AM SENT
Lane Webster webster@RoggeDunnGroup.com 7/11/2025 10:26:54 AM SENT
Ryan Downton ryan@thetexastrialgroup.com 7/11/2025 10:26:54 AM SENT
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
Riverside Stategic Capital Fund I, LP, RSCF Blocker True Health, LLC, RSCF I-A Blocker True Health, LLC v. CLG Investments, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riverside-stategic-capital-fund-i-lp-rscf-blocker-true-health-llc-rscf-texapp-2025.