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HomeMy WebLinkAboutLegal DocumentTHE STATE. Of TEXAS ~... O C JOB: 0245417 SUBPOENA - i rv 0 DUCES TECUM To any Sheriff or Constable or any person authorized to serve and execute subpoenas as provided by Rule 176, Texas Rules of Civil Procedures. YOU ARE HEREBY COMMANDED TO SUBPOENA AND SUMMON the following witness: CUSTODIAN OF RECORDS FOR; CITY OF COLLEGE STATION CITY SECRETARY'S. OFFICE PCERSE ~Ll UStF ATTN: CONNIE HOOKS COSH ~CCEED5 $~•~ 1101 TEXAS AVE. COLLEGE STATION, TX 77840 to be and appear before me, HOWARD,FALLON, Notary Public for the State of Texas or other designated Notary Public, on the 20TH day of November, 2002, at 10:00 o'clock a :m. a~' ~f~e ~eponent~'s ad`d`ress RECORDS DEPOSITION SERVICE 100 N. CENTRAL EXPWY., STE. 1250 (OR MAIL TO) DALLAS, TEXAS 75201 (214) 760-7600 YOU ARE ALSO ORDERED TO BRING AND PRODUCE all books, papers, documents and tangible things within your care, .custody or control designated in the. attached Exhibit A which is incorporated herein by reference, and then and there to answer certain written questions now in the hands of the undersigned officer, in accordance with a notice of intent to take yourwr•itten deposition heretofore served upon all parties at the instance of the DEFENDANT/WAYNE RIFE, ESQ. the answers to which questions shall be used as evidence in that certain Cause No. 54,291-272 ..pending on the docket of the 272ND JUDICIAL DISTRICT Court of BRAZOS County, Texas, styled TXU ELECTRIC & GAS Vs. EBCO COMMERCIAL, INC. AND CDS ENTERPRISES, INC. D/8/A TEXCON in which TXU ELECTRIC & GAS (is)(are) the Plaintiff(s), and EBCO COMMERCIAL, INC. AND'CDS ENTERPRISES. `INC. D/B/A TEXCON (is)(are) the Defendant(s), and there remain from day to day and. time to time until discharged according to the law. If the Deponent :designated in this Notice is an organization such as a corporation, partnership, association or governments entity,.. you,` the deponent-organization are ALSO ORDERED AND DIRECTED to designate the person or persons who will testify on your behalf concerning the care, custody control and maintenance of the records subpoenaed and 'all matters set out in the attached Exhibit A, which is incorporated herein by reference.. Texas Rules of Civil Procedures, Rule 176..8, Enforcement of Subpoena. (a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. (b) Proof of payment of ..fees required for fine or attachment: A fine may not be imposed, nor a person served with a subpoena attached, for failure to comply with a subpoena without proof by affidavit of the party requesting the subpoena or the party's attorney of record that all fees due the witness by law were paid or tendered. The release of records is authorized by the Texas Rules of Evidence WITNESS MY HAND this Tuesday, October 29,'2002 D R. FALCON Notary Public, Texas My Commission Expires: 07/02/06 SEE AND COMPLETE THE ATTACHED EXHIBIT AND AFFIDAVIT. VARIOUS DOCUMENTS ~~~~C~~r ~~~~~ ~~ ~'"~~ ~~TARf~`F~~-~` ., ,`,`PY Plrj ~" •••••°°~'r HOWARD R, FALCON ,o:• '_: ' °" Notary Public, State of Texas ~" ";~+~,` My Gommissfon Expires 07.02.06 CAUSE NO. 54,291-272 TXU ELECTRIC & GAS, PLAINTIFF, IN THE DISTRICT. COURT VS. EBCO COMMERCIAL, INC. AND CDS ENTERPRISES, INC. D/B/A TEXCON, DEFENDANT OF BRAZOS COUNTY, TEXAS 272ND JUDICIAL DISTRICT EXHIBIT A I.DEFINITIONS SEE ATTACHMENT "A" II. DOCUMENTS TO BE PRODUCED SEE ATTACHMENT "B" III. QUESTIONS TO BE PROPOUNDED TO WITNESS 1. State your full name, occupation, and official title. ANSWER. 2. Are you the custodian, maker, or supervisor of the records or documents enumerated in II. Documents to be Produced? ANSWER: 3. Were the records. or documents prepared and kept in the usual .course of business by you or other employees of your institution or business? ANSWER: 4. Were the records or documents prepared at or about the time of the events and conditions they record? ANSWER: 5. In the regular course of business of your. practice, business, or institution,-did the person who signed the records and/or reports either have personal knowledge of the entries shown on the records and/or reports, or obtain the information to make the entries from the sources who have such personal knowledge? ANSWER.., 6. Pursuant to a Subpoena Duces Tecum, was the COMPLETE, original, or exact duplicate of RECORD OR DOCUMENT ENUMERATED IN PARAGRAPH II. DOCUMENTS TO BE .PRODUCED provided to RECORDS DEPOSITION SERVICE,'INC.? If not, why. not? ANSWER: 7. Are there.. ANY records, documents, papers, correspondence or tangible matters of any kind pertaining to VARIOUS DOCUMENTS that. you have NOT provided to the notary public taking your deposition? ANSWER: 8 . Are you aware that it may be necessary to subpoena. you or your employer to court at the ..time of the trial of this case, IF YOU HAVE NOT PROVIDED to the notary public taking your deposition all records, documents, papers, correspondence, or tangible matters of any kind pertaining to VARIOUS DOCUMENTS? ANSWER: 9. Do the .documents produced ..include: handwritten notes, correspondence, narratives, or records or documents of any 'type or nature,. regardless of source: If not, why not? ANSWER: SIGNATURE OF CUSTODIAN SUBSCRIBED AND SWORN TO before me, the undersigned this day of , NOTARY PUBLIC My Commission Expires JOB:0245417 VARIOUS DOCUMENTS ATTACHMENT "A" pefinitions (1) ~1s used. herein, reference to any persQZ~ or entity shall include the plural as well as the singular, and includes all employees, a,gerlts, Servants, .and all other natural persons or entities acting or purporting to act. on behalf of said entity or person, whether authorized tq dv so or not. (Z) As used herein, the teams "you" and `your"shall mean: City q£ college 5tativn, an$ its affiliated companies, attorneys, agents, and all other natural persons or business or lesal entities acting or purporting to act for or on behalf of it whether authorised to do so or not. (3} The term"documents":shall mean ail writings of every kind, source, and authorship, both originals and. all nonidentical copies thereof, in your po$$essiQZ1, custody, or contrtsl, or known by you to exist, irrespective of whether the writing is tine intended for or transmitted internally by you, or intended for or transmitted to; any other person or entity, including without limitation any government agency, department, admaiistrative, or private entity or person. The term shall include handwritten, typewritten, printed, photocopied, photographic, orrecorded matter.. Zt shall include communications iu words, symbols, pictures, sound recordings, .films, tapes, video tapes, and information stored in, or accessible through, computer or other information storage or retrieval systems, together with the codes .and/or programrziiztg instr~etions and other materials necessary to understand attd use such systems.' For purposes of illustration and not limitation, the tezzx~ shall include:.. affidavits; agendas; agreements, analysis; announcements; bills, statements acrd Qthez records of a131gations and expenditures; books; brochures; bulletins,. calendars; canceled checks, vouchers, receipts and other records of payments; charts, drawings; check registers,. checkbooks; circulars; collateral files and cgnt~,t$ contracts; corporate by-laws; corporate charters; correspondence; credit files sad cvrAtents; deeds of trust; deposit. slips; diaries, drafts; files; guaranty agreements; instructions; invoices; ..ledgers, journals, balance sheets,pro$t olio Io$$ statements, and other sources of financial data; letters; logs, notes, or memoranda of all kinds, to and from any persons, agencies, or entities; minutes; nunute books; notes,. notices; .parts lists; papez's; press releases; printed matter (including published books, articles, speeches, and newspaper clippings}; purchase orders; records of administrative, technical, and financial actions taken or recommended; reports; sat'ety deposit bv~es aad contents and records of entry; schedules; security agreements; specifiealYbns; statements of bank accounts; statements; interviews; .stock transfer ledgers; technical and engineering reports, evaluations, advice, recommendations, commentaries, cvnclu.sions, studies, test plans, manuals, procedures, results, and' conclusions; StYinmaries, notes, and other: records and recordings of any conferences, meetings, visits, statements, interviews or telephone conversations; telegrams; to~etypes and other corninurucations sent or received; transcxxpts of testimony; UCC instruments; work papers; arzd all other writings, the contents ofwhch relate to, discuss, consider, or otherwise infer t4 the subject matter of the particular discovery requested.: (4} ThE term"person" shall include individuals, associations, partnerships, corporations, and any other .type of .entity of institution whether formed for business purposes or any other purposes. (5} 'You are requested to supplement your response in accordance with the rEquiremEnts of the Texas Rules of Civil Frocedure. Any suppleua,entary response should also include unpxxvileged documents which ate responsive to the request and which a>-e prepared or generated subsequent to your initial response. (6) As used herein, tl~e terra "Project" shall moan the original construction of the I~oliday Inn Express Iocated on University Arive East., College Station, Texas 77805, (7) As used herein? the terns."11~oliday Ynn Ezpress" sha11 mean the Holiday Inn Lxpress iQCated on University Urive East, College Station, Texas 77805. ATTACHMENT "B" I~~UEST NO. 1: A11 documents which. the owner of the Holiday Inn Express may have submitted to the City in meeting the City's planning requirements in connection with the Project. REQUEST N0.2: All documents created in connection with, oz as a part of, the Site Plan Review for the Project. REQITEBT N0.3: All documents created in connection with, or as a part of, the Project Review process for the Project. TrEOITES'P 1Vb. 4: All documents containing any comments or input which TXU Electric and Gras and/or Lone`Star Gas may have provided in eot~riectioit with the Sitc Plan Review and/or the Project Review process for the Project. REQUEST NO.S:All documents containing any comments or input which the Applicant may have provided, offered, or made, in connection with the Site Plan Review and/or the Project Review process far the Project. REQUEST NO. b: All documents containing any-comments or input which the Owner of the Holiday Inn Express and/or the Owner's Representative(s) may have provided, offered, or made, in connection with the Site. Plan Review and/orthe- Project Re~lie~v process for the Projcct. REQUEST N0.7: All documents which may have been presented to the City of College Station Planni ~ & Zoning Commission in connection with its review ofthe Project. 'T'his request includes, but is not necessarily limited to tfie relevant portions ofthe "Board Package" {with. all attachments and exhibits theretol. RF.aCJEST NO.8: All documents which may have been presented to the City of College Station City Counsel in connection with.. its review of the Project. This request includes, but is not necessarily lirriited to the relevant pgrtioz:s of the "Council Package" (with all attachments and exhibits thereto)_ REOXJEST N0.9: All documents which may have been presented to the City of College Station Zoning hoard of Adjustment in connection. with its review of the Project. This request includes, but is not necessarily limited to the: relevant portions of the "Board Package" (with all attachments and exhibits thereto). REQUEST NQ.~1.Q:.All documents which contain any comments made, input provided, conditions imposed, mnd/oz recommendations made, by TXU Electric &. Gas, Lone Star Gas, the City (including by any staffmembez, Planning & Zoning Commissioner, City Council member, and Zoning Board ~ Adjustment member), the Applicant, the Owner ofthe Holiday Tnn Express andlor the Owner's Representative(s), oranyone else concerning TXU Electric & Gas's and/or Lone Star Gas's pipeline which ran under the proposed site for the Project: REQUEST Nb. 11: All memoranda, e-mails, or correspondence, by arzd between the City, the Applicant, the Owner ofthe Holiday TnnBxpress and/or the Owner's representative, TXU Elecac Gras, Lone. Star Gas, and/or anyone else in connection with the Planning process for the Project. REQUEST N(~?.12: Copies. of all:inspections, memoranda, reports, or other such documents which were prepared in connection with any inspections. and/or reviews which the City's staff may have performed d•~za~.g the a4ruai constructi~r. of the pr~j Wit, CAUSE N0. 54,291-272 TXU ELECTRIC & GAS,. PLAINTIFF, VS EBCO COMMERCIAL, .INC.- AND CDS ENTERPRISES, INC.,D/B/A TEXCON, DEFENDANT. STATE OF COUNTY OF AFFIDAVIT IN THE DISTRICT COURT OF BRAZOS COUNTY, TEXAS 272ND JUDICIAL DISTRICT BEFORE ME, the undersigned, personally appeared(Custodian) who, being by me duly sworn, deposed as follows: I, the.undersigned, am over eighteen(18) years of age, of sound mind, capable _of making this Affidavit, and personally acquainted with the facts herein stated and do state that the facts in this Affidavit are true and correct. I am the custodian of records for CITY OF COLLEGE STATION CITY SECRETARY'S OFFICE. Attached .hereto are pages of records concerning VARIOUS DOCUMENTS These said records .are kept in the regular :course of business at 1101 TEXAS AVE. COLLEGE STATION TX, and it was in the regular course of business at such address for an employee, or representative, or a doctor, with personal knowledge of the act, event, condition, opinion, or diagnosis recorded to make the memorandum of record or to transmit information hereof to bs included in such memorandum or record, and the memorandum or record was made at or near the time of the act, event, condition, opinion, or diagnosis., or reasonably thereafter. The records attached .hereto are_the originals or exact copies of the-originals and nothing has been removed from the original file before making these true and correct copies. SIGNATURE OF CUSTODIAN SUBSCRIBED AND SWORN TO before me,the undersigned authority, on this the day of , NOTARY PUBLIC In and for the state of My Commission expires:_ JOB: 0245417 VARIOUS DOCUMENTS FILE/CLAIM NO: TXU ELECTRIC & GAS, PLAINTIFF, VS. CAUSE N0. 54,291-272 IN THE DISTRICT COURT OF BRAZOS COUNTY, TEXAS EBCO COMMERCIAL,INC. AND CDS 272ND JUDICIAL DISTRICT ENTERPRISES, INC, D/B/A TEXCON, DEFENDANT. NOTICE TO: 1999ABRYANKST.A STENE34AO LAW E~ ATfRGN~a EIaT ~'F ~~pE~;~~~~~. A~TOR~IEYS S DALLAS, TX 75201 PLEASE TAKE NOTICE` THAT TWENTY (20) DAYS FROM THE RECEIPT OF THIS NOTICE, THE DEPOSITION OF: CUSTODIAN OF RECORDS ..FOR: (SEE ATTACHED LIST: OF DEPONENTS) will be taken before a Notary Public or other officer authorized to administer oaths designated by RECORDS DEPOSITION SERVICE OF TEXAS, INC., 100 N. CENTRAL EXPWY., STE. 1.25©, DALLAS, TX 75201, at THE DEPONENT'S ADDRESS pursuant to provisions of Texas Rules of Civil Procedure upon Written Questions, copies of which are attached. A subpoena duces tecum will be issued to require the witness to produce records, books, papers, documents, and tangible things designated in the Exhibit A; which is incorporated herein by reference.. This notice is given on behalf of the DEFENDANT at'the instance and authorization of (.his) (her) (its) coun el of record, WAYNE T RIFE, ESQ. & REBECCA EPLEN, ATTORNEY AT LAW. If you have any objections to the copying of the records and documents, please call (214) 760-7600 If the Deponent designated. in the Notice is an organization, such as a corporation, partnership, association or governmental entity, the deponent organization, shall designate one or more officers, agents or .other persons who can testify on behalf of he Deponent with respect to all matters set out in the attached Exhibit A, which is incorporated herein by reference. NOTICE TO TAKE DEPOSITION BY WRITTEN QUESTION PAGE ONE VARIOUS DOCUMENTS LIST OF ADDITIONAL .ATTORNEYS: LEONARD WOODS, ESQ. 1801 MOPAC, STE. 300 AUSTIN, TX 78768 DINESH SHAW, PRO SE 888 W. SAM HOUSTON PKWY. SOUTH, #210 HOUSTON., TX 77.042 BILL YOUNGKIN, ESQ. 1716 BRIARCREST DR., STE. 206 BRYAN, TX 77802 a BILL PAYNE, ESQ. P.O. BOX 6900 BRYAN, TX 77805 CITY OF COLLEGE STATION CITY SECRETARY'S OFFICE 1101 TEXAS AVE. II .COLLEGE STATION TX 77840 I JOB # 0245417 TEPSCO, L.P. 421 BAYOU DR. CHANNELVIEW TX 77530 JOB # 0245418 THERE WILL BE NO INTERROGATION OF THE DEPONENT BY THE UNDERSIGNED COUNSEL. STATE OF TEXAS ) COUNTY OF DALLAS ) WEST, WEBB, ALLBRITTON, GENTRY & RIFE WAYNE T RIFE, ESQ. & REBECCA EPLEN, ATTORNEY AT LAW 1515 EMERALD PKWY. COLLEGE STATION., TX 77845 NOTICED BY: WAYNE T RIFE, ESQ. & REBECCA EPLEN, ATTORNEY AT LAW .16915^050 a CERTIFICATE OF SERVLCE BEFORE ME, the undersigned authority, on this day personally appeared Tony Aaron Glenn being first duly sworn, on oath states that a copy of the above Notice wa personally served by .him this Tuesday, October 29, 2002 on the aboved-named attorneys to whom this Notice is addressed, at the address. set out in such Notice, the same being the last known address of such. attorney, (by depositing a copy thereof, postage ,paid, in a wrapper addressed to such attorneys at such.-address:) or (by personal delivery of such .Notice to the addressee above set forth..). SUBSCRIBED AND SWORN before me this Tuesday, October 29, 2002. HOWARD R. FALCON Notary Public of Texas. My Commission Expires 07/02/:06 i~~~~` HOWARD R. FALLQN ~~ : _ Notary Public. Sta!? ~ i F E ;;, oF~ *~' MY Commission Expires 0)-02 /It11t NOTICE TO .TAKE DEPOSITION BY WRITTEN QUESTION PAGE TWO.