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NO. 2019-20160
ROBERT A, BRIGGS, JR. & IN THE DISTRICT COURT OF
VS. ' HARRIS COUNTY, TEXAS
COMPASS BANK od 151ST JUDICIAL DISTRICT
PLAINTIFF'S ANSWERS AND OBJECTIONS TO DEFENDANT'S
FIRST SET OF INTERROGATORIES
TO: Compass Bank, Defendant, by and through its attorney of record, Mr. William
Huttenbach, Hirsch & Westheimer, PC, 1415 Louisiana, 36th Floor, Houston, Texas
77002
Comes now, Robert A. Briggs, Jr. (''Plaintiff"), files this his Objections and
Answers to Compass Bank’s ("Defendant") First Sct of Interrogatories pursuant to Rules 192 and
197 of the Texas Rules of Civil Procedure.
Respectfully submitted,
WTGreen, PLLC
By:/s/ William T, Green, [II
William T. Green, III
P.O. Box 980092
Houston, Texas 77098
(713) 626-9296/ State Bar No.: 08375500
email: uncbill@msn.com
Attorney in Charge for Plaintiff
04-050919-ans interrogs-compass bankCERTIFICATE OF SERVICE
I hereby certify that a rue and correct copy of the foregoing document was sent to
the following electronically through the court's efiling system and by email on this 3_ day of
June, 2019.
/s/ William T. Green, II]
William T. Green, IIT
Mr. William Huttenbach
Ms. Kristina Cunningham
Mr. Yusuf Ansari
Hirsch & Westheimer, PC
1415 Louisiana, 36th Floor
Houston, Texas 77002
Email phuttenbach@hirschwest.com
Email kcunningham@hirschwest.com
Email yansari@hirschwest.com
04-050919-ans interrogs-compass bankAnswers to Interrogatories
ie Please state how Defendant caused Plaintiffs alleged damages and how Plaintiff calculated
same. In other words, please state the total amount of damages Plaintiff is seeking from Defendant as
alleged in Plaintiff's Original Petition and how such damages were calculated and identify all
documents that support the damages Plaintiff is claiming in this matter.
Answer: Plaintiff objects to this interrogatory as it is overbroad and beyond the permissible
scope of discovery as it requires Plaintiff to marshal his evidence. Without waiving the foregoing
objections, Defendant breached its lease agreement, as amended, due to the condition of the leased
premises upon termination of the lease. Plaintiff has attached to his Original Petition a list of damage
items and costs. Defendant owes common area maintenance of $.07 per month per square foot for the
period of time beginning April 1, 2015 through November 30, 2018. In lien of identifying documents,
Plaintiff will produce documents he believes are relevant and objects to identifying "all" documents
as such request is overbroad and constitutes an impermissible "fishing expedition".
2 Please identify any and all real and personal property that was allegedly damaged for which
Plaintiff is seeking damages from Defendant as alleged in Plaintiff's Original Petition and how such
damages were incurred. Please also identify all documents that evidence and support the damages
Plaintiff is claiming in this matter.
Answer: Plaintiff objects to this interrogatory as it is overbroad and beyond the permissible
scope of discovery as it requires Plaintiff to marshal his evidence. Without waiving the foregoing
objections, Plaintiff has attached to his Original Petition a list of damage items and costs. Plaintiff
objects to identifying "all" documents as such request is overbroad and constitutes an impermissible
"fishing expedition".
oA Please describe in detail each and every conversation, meeting and/or communication that you
have had with Defendant, and/or any and of its agents, attorneys and/or employees regarding this
matter. In connection with this Interrogatory, please identify whether any such communications were
oral or written, the nature of such communication, the date of such communication, the place of such
communication and the time.
Answer: Plaintiff objects to this interrogatory as it is overbroad and beyond the permissible
scope of discovery as it requires Plaintiff to marshal his evidence.
4. Please describe all attempts Plaintiff has made to lessen the amount of damages Plaintiff is
claiming against Defendant. The purpose of this Interrogatory is to determine Plaintiff's efforts to
mitigate Plaintiff's damages.
Answer: There was a preliminary discussions with a bank that was not interested in the vault...
5. Please describe in detail each and every conversation, meeting and/or communication that you
have had with any other person or entity regarding this matter, including, without limitation, any
insurance companies and/or contractors or other people from whom you obtained bids. In connection
3
04-050919-ans interrogs-compass bankwith this Interrogatory, please identify whether any such communications were oral or written, the
nature of such communication, the date of such communication, the place of such communication
and the time.
Answer: Plaintiff objects to this interrogatory as it is overbroad and beyond the permissible
scope of discovery as it requires Plaintiff to marshal his evidence.
6. Please state completely and fully all representations, statements, declarations or admissions
made by Defendant or any agents, servants or employees of Defendant. which you might attempt to
make known to the judge or jury in the trial of this lawsuit. For example. please identify all
representations and/or statements on which Plaintiff relied upon for which Plaintiff is suing
Defendant.
Answer: Plaintiff objects to this interrogatory as it is overbroad and beyond the permissible
scope of discovery as it requires Plaintiff to marshal his evidence. At the present time Plaintiff does
not recall any oral statements of representatives of Defendant that serve as a basis for the causes of
action in this case.
ds Please state the factual basis for your implied assertions that you did everything you needed
to do as an owner of the premises after Hurricane Harvey. In answering same, please also state the
factual basis for your assertions that you complied with your obligations to Compass Bank.
Answer: Plaintiff objects to this interrogatory as it seeks facts which are not relevant to any
issue in this case. Plaintiffs’ Original Petition has no "implied assertion" that he did everything he
needs to do as owner after Hurricane Harvey.
8. Please state exactly what conditions precedent you fulfilled prior to filing this claim. This
question is intended to discover each and every time you notified Defendant of any claim you may
have against Defendant (i.e., demand letters) or any other entity. In connection with this Interrogatory,
please identify whether any such communications were oral or written, the nature of such
communication, the person who made the communication, the date of such communication, the place
of such communication and the time.
Answer: To the extent there are any required conditions precedent Defendant was notified by
letters dated January 15, 2019 and April 24, 2017.
9. Please identify all times and amounts you billed Compass Bank for costs and explain how and
why such amounts were correct, and please state all times and amounts Defendant paid you any
money.
Answer: Plaintiff objects to this interrogatory as it is overbroad and beyond the permissible
scope of discovery as it requires Plaintiff to marshal his evidence. Plaintiff also objects to this
interrogatory as it is burdensome and seeks documents which are not relevant to any issues in this
case since Defendant has been a tenant since December 1, 1990.
04-050919-ans interrogs-compass bank10. List all claims you have asserted (even without filing a lawsuit) against any person, insurance
company, claims service, corporation, or any other entity for any type of damages, described in your
Petition or attachments, including alleged damages caused by Hurricane Harvey, and indicate the date
of such claim, the amount received, the type of injury and damage incurred. Plus, list all lawsuits or
legal action you have been involved and the date and location of each lawsuit.
Answer: Plaintiff objects to this interrogatory as it is overbroad, burdensome, unlimited as to
time and seeks facts which are not relevant to any issue in this case.
11. Please identify the amount of damages, including the economic damages identified in
Paragraph Nos. 8 and 9 in your Petition that allegedly were caused by the actions alleged in your
Petition and describe your calculation for same.
Answer: Please see Exhibit A to the Original Petition. The cost to remove the vault has not
been determined. The unpaid common area maintenance charges are as described in the answer to
interrogatory number 1.
12. Please specifically detail all provisions in the Lease and/or Amendments to same that you
claim Compass Bank violated, and please state what you believe Compass Bank should have done
differently in this matter.
Answer: Defendant should have done the work described in Exhibit A to the Original Petition
and paid the common area maintenance charges.
13. Please identify and/or describe all exhibits you plan to use at a trial in this matter.
Answer: Plaintiff objects to this interrogatory as beyond the scope of permissible discovery.
The Texas Rules of Civil Procedure do not allow or require for identifying trial exhibits.
14. Please state the name, address and phone number of any person who is expected to be called
to testify at trial.
Answer: Robert A. Briggs, Jr., 5905 Holly Street, Houston, Texas 77074, (713) 206-4558.
04-0509] 9-ans interrogs-compass bankRobert A. Briggs, Jr. Y
VERIFICATION
STATE OF TEXAS G
COUNTY OF HARRIS *
Before me, the undersigned notary public, on this day personally appeared Robert
A. Briggs, Jr., who, being by me duly sworn on his oath deposed and said that he has read the
above and foregoing Answers to Interrogatories and that every statement contained therein is
within his knowledge and true and correct.
Subscribed and Sworn to Before me, on this 3 day of June, 2019.
Notary Public 5 and for State of Texas
omm. Expires 08-06-2022
Notary 1D 131685176
04-050919-ans interrogs-compass bank (1)
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NO. 2019-20160 ROBERT A, BRIGGS, JR. & IN THE DISTRICT COURT OF VS. ' HARRIS COUNTY, TEXAS COMPASS BANK od 151ST JUDICIAL DISTRICT PLAINTIFF'S ANSWERS AND OBJECTIONS TO DEFENDANT'S FIRST SET OF INTERROGATORIES TO: Compass Bank, Defendant, by and through its attorney of record, Mr. William Huttenbach, Hirsch & Westheimer, PC, 1415 Louisiana, 36th Floor, Houston, Texas 77002 Comes now, Robert A. Briggs, Jr. (''Plaintiff"), files this his Objections and Answers to Compass Bank’s ("Defendant") First Sct of Interrogatories pursuant to Rules 192 and 197 of the Texas Rules of Civil Procedure. Respectfully submitted, WTGreen, PLLC By:/s/ William T, Green, [II William T. Green, III P.O. Box 980092 Houston, Texas 77098 (713) 626-9296/ State Bar No.: 08375500 email: uncbill@msn.com Attorney in Charge for Plaintiff 04-050919-ans interrogs-compass bankCERTIFICATE OF SERVICE I hereby certify that a rue and correct copy of the foregoing document was sent to the following electronically through the court's efiling system and by email on this 3_ day of June, 2019. /s/ William T. Green, II] William T. Green, IIT Mr. William Huttenbach Ms. Kristina Cunningham Mr. Yusuf Ansari Hirsch & Westheimer, PC 1415 Louisiana, 36th Floor Houston, Texas 77002 Email phuttenbach@hirschwest.com Email kcunningham@hirschwest.com Email yansari@hirschwest.com 04-050919-ans interrogs-compass bankAnswers to Interrogatories ie Please state how Defendant caused Plaintiffs alleged damages and how Plaintiff calculated same. In other words, please state the total amount of damages Plaintiff is seeking from Defendant as alleged in Plaintiff's Original Petition and how such damages were calculated and identify all documents that support the damages Plaintiff is claiming in this matter. Answer: Plaintiff objects to this interrogatory as it is overbroad and beyond the permissible scope of discovery as it requires Plaintiff to marshal his evidence. Without waiving the foregoing objections, Defendant breached its lease agreement, as amended, due to the condition of the leased premises upon termination of the lease. Plaintiff has attached to his Original Petition a list of damage items and costs. Defendant owes common area maintenance of $.07 per month per square foot for the period of time beginning April 1, 2015 through November 30, 2018. In lien of identifying documents, Plaintiff will produce documents he believes are relevant and objects to identifying "all" documents as such request is overbroad and constitutes an impermissible "fishing expedition". 2 Please identify any and all real and personal property that was allegedly damaged for which Plaintiff is seeking damages from Defendant as alleged in Plaintiff's Original Petition and how such damages were incurred. Please also identify all documents that evidence and support the damages Plaintiff is claiming in this matter. Answer: Plaintiff objects to this interrogatory as it is overbroad and beyond the permissible scope of discovery as it requires Plaintiff to marshal his evidence. Without waiving the foregoing objections, Plaintiff has attached to his Original Petition a list of damage items and costs. Plaintiff objects to identifying "all" documents as such request is overbroad and constitutes an impermissible "fishing expedition". oA Please describe in detail each and every conversation, meeting and/or communication that you have had with Defendant, and/or any and of its agents, attorneys and/or employees regarding this matter. In connection with this Interrogatory, please identify whether any such communications were oral or written, the nature of such communication, the date of such communication, the place of such communication and the time. Answer: Plaintiff objects to this interrogatory as it is overbroad and beyond the permissible scope of discovery as it requires Plaintiff to marshal his evidence. 4. Please describe all attempts Plaintiff has made to lessen the amount of damages Plaintiff is claiming against Defendant. The purpose of this Interrogatory is to determine Plaintiff's efforts to mitigate Plaintiff's damages. Answer: There was a preliminary discussions with a bank that was not interested in the vault... 5. Please describe in detail each and every conversation, meeting and/or communication that you have had with any other person or entity regarding this matter, including, without limitation, any insurance companies and/or contractors or other people from whom you obtained bids. In connection 3 04-050919-ans interrogs-compass bankwith this Interrogatory, please identify whether any such communications were oral or written, the nature of such communication, the date of such communication, the place of such communication and the time. Answer: Plaintiff objects to this interrogatory as it is overbroad and beyond the permissible scope of discovery as it requires Plaintiff to marshal his evidence. 6. Please state completely and fully all representations, statements, declarations or admissions made by Defendant or any agents, servants or employees of Defendant. which you might attempt to make known to the judge or jury in the trial of this lawsuit. For example. please identify all representations and/or statements on which Plaintiff relied upon for which Plaintiff is suing Defendant. Answer: Plaintiff objects to this interrogatory as it is overbroad and beyond the permissible scope of discovery as it requires Plaintiff to marshal his evidence. At the present time Plaintiff does not recall any oral statements of representatives of Defendant that serve as a basis for the causes of action in this case. ds Please state the factual basis for your implied assertions that you did everything you needed to do as an owner of the premises after Hurricane Harvey. In answering same, please also state the factual basis for your assertions that you complied with your obligations to Compass Bank. Answer: Plaintiff objects to this interrogatory as it seeks facts which are not relevant to any issue in this case. Plaintiffs’ Original Petition has no "implied assertion" that he did everything he needs to do as owner after Hurricane Harvey. 8. Please state exactly what conditions precedent you fulfilled prior to filing this claim. This question is intended to discover each and every time you notified Defendant of any claim you may have against Defendant (i.e., demand letters) or any other entity. In connection with this Interrogatory, please identify whether any such communications were oral or written, the nature of such communication, the person who made the communication, the date of such communication, the place of such communication and the time. Answer: To the extent there are any required conditions precedent Defendant was notified by letters dated January 15, 2019 and April 24, 2017. 9. Please identify all times and amounts you billed Compass Bank for costs and explain how and why such amounts were correct, and please state all times and amounts Defendant paid you any money. Answer: Plaintiff objects to this interrogatory as it is overbroad and beyond the permissible scope of discovery as it requires Plaintiff to marshal his evidence. Plaintiff also objects to this interrogatory as it is burdensome and seeks documents which are not relevant to any issues in this case since Defendant has been a tenant since December 1, 1990. 04-050919-ans interrogs-compass bank10. List all claims you have asserted (even without filing a lawsuit) against any person, insurance company, claims service, corporation, or any other entity for any type of damages, described in your Petition or attachments, including alleged damages caused by Hurricane Harvey, and indicate the date of such claim, the amount received, the type of injury and damage incurred. Plus, list all lawsuits or legal action you have been involved and the date and location of each lawsuit. Answer: Plaintiff objects to this interrogatory as it is overbroad, burdensome, unlimited as to time and seeks facts which are not relevant to any issue in this case. 11. Please identify the amount of damages, including the economic damages identified in Paragraph Nos. 8 and 9 in your Petition that allegedly were caused by the actions alleged in your Petition and describe your calculation for same. Answer: Please see Exhibit A to the Original Petition. The cost to remove the vault has not been determined. The unpaid common area maintenance charges are as described in the answer to interrogatory number 1. 12. Please specifically detail all provisions in the Lease and/or Amendments to same that you claim Compass Bank violated, and please state what you believe Compass Bank should have done differently in this matter. Answer: Defendant should have done the work described in Exhibit A to the Original Petition and paid the common area maintenance charges. 13. Please identify and/or describe all exhibits you plan to use at a trial in this matter. Answer: Plaintiff objects to this interrogatory as beyond the scope of permissible discovery. The Texas Rules of Civil Procedure do not allow or require for identifying trial exhibits. 14. Please state the name, address and phone number of any person who is expected to be called to testify at trial. Answer: Robert A. Briggs, Jr., 5905 Holly Street, Houston, Texas 77074, (713) 206-4558. 04-0509] 9-ans interrogs-compass bankRobert A. Briggs, Jr. Y VERIFICATION STATE OF TEXAS G COUNTY OF HARRIS * Before me, the undersigned notary public, on this day personally appeared Robert A. Briggs, Jr., who, being by me duly sworn on his oath deposed and said that he has read the above and foregoing Answers to Interrogatories and that every statement contained therein is within his knowledge and true and correct. Subscribed and Sworn to Before me, on this 3 day of June, 2019. Notary Public 5 and for State of Texas omm. Expires 08-06-2022 Notary 1D 131685176 04-050919-ans interrogs-compass bank (1)