Preview
FILED
DALLAS COUNTY
2/7/2019 1:39PM
FELICIA PITRE
DISTRICT CLERK
CAUSE NO. DC-l 8-05402
EARMON LOVERN IN THE DISTRICT COURT
Plaintiff,
VS. DALLAS COUNTY, TEXAS
mmmmmmmmmm
EAGLERIDGE OPERATING, LLC,
USG PROPERTIES BARNETT II, LLC
Defendants. 192m JUDICIAL DISTRICT
PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEOTAPED
DEPOSITION 0F JONATHAN GARZA WITH SUBPOENA DUCES TECUM
TO: Defendant, Eagleridge Operating, LLC, by and through their attorney ofrecord J.J. Knauff,
THE MILLER LAW FIRM ,
1950 Turtle Creek Center, 3811 Turtle Creek B1Vd., Dallas, Texas
75219; (469) 916-2552 — Telephone, (469) 916-2555 — Facsimile; Email:
jknauff@tmlfpc.com
PLEASE TAKE NOTICE that at 10:00a.m. 0n Tuesday, March 5, 2019 and continuing
thereafter from day t0 day until completed, Jason B. Stephens, Attorney for Plaintiff Earmon
Lovern Will take the oral and Video deposition of Jonathan Garza pursuant to the Texas Rules 0f
Civil Procedure before a Certified Shorthand Reporter and certified Videographer. The deposition
will take place at the following location:
THE MILLER LAW FIRM
3811 Turtle Creek Blvd., Suite 1950
Dallas, TX 75219
469.916.2552
Said deposition, when s0 taken and returned according to law, may be used in evidence
upon the trial of said cause, and you are hereby invited t0 attend and cross—examine the Witness as
Plaintlfl’s Notice oflntention T0 Take The Oral And Video Deposition 0f
Jonathan Garza With Subpoena Duces Tecum Page I 0f5
you may see proper. Said witness isinstructed to bring with him for copying and inspection the
responsive items and documents set forth in Exhibit
“A” attached hereto.
Respectfully submitted,
STEPHENS, ANDERSON & CUMMINGS, L.L.P.
fi/fiflt:
JASON B. STEPHENS
Texas Bar No. 24003001
Jas0n@ Stephensanderson.com
SETH M. ANDERSON
Texas Bar N0. 2400 1 654
Seth@Stephensanderson.com
JOHN M. CUMMINGS
Texas Bar No. 00793572
John@ Stephensanderson.c0m
B. ADAM DRAWHORN
Texas Bar N0. 24077381
Adam@stephensanderson.com
4200 West Vickery Boulevard
Fort Worth, Texas 76107
(817)920-9000 — Telephone
(8 17)920-90 1 6
— Facsimile
ATTORNEYS FOR PLAINTIFF
Plaintlfl’s Notice oflntention T0 Take The Oral And Video Deposition 0f
Jonathan Garza With Subpoena Duces Tecum Page 2 0f5
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy 0f the foregoing document was delivered
pursuant t0 the Texas Rules 0f Civil Procedure on this 7th
day of February, 2019.
J.J. Knauff
THE MILLER LAW FIRM
1950 Turtle Creek Center
381 1 Turtle Creek Boulevard
Dallas, TX 7521931
Keith A. Robb
Douglas D. Fletcher
FLETCHER, FARLEY, SHIPMAN & SALINAS, L.L.P.
9201 N. Central Expressway, Suite 600
Dallas, TX 75231
@W’:
Jason B. Stephens
Plaintlfl’s Notice oflntention T0 Take The Oral And Video Deposition 0f
Jonathan Garza With Subpoena Duces Tecum Page 3 0f5
EXHIBIT “A”
1. A copy of your driver’s license.
2. A copy 0f your resume.
3. Any and all documents reviewed or relied upon in preparation for your deposition.
4. Any and all correspondence, emails, (including deleted emails), voicemail (including deleted
voicemail), reports, call logs, notes, internal memos, instant messages, and text messages by
and between representatives 0f Defendant Eagleridge Operating, LLC, representatives 0f
Defendant USG, representatives 0f J&C Energy, Inc. and/or anyone else regarding the
explosion incident made the basis of this lawsuit involving Earmon Lovern in your
possession, custody or control.
ESI Notice:
This request for production includes a specific request for all electronically stored
information, electronic data, and/or magnetic data (“ESI”) pursuant t0 TR.C.P. 196.4.
Plaintifi’requests that all such responsive ESI be produced in nativeformat.
5. Any and all emails, (including deleted emails), voicemail (including deleted voicemail),
instant messages, and/or text messages by and between you and anyone else regarding the
explosion incident made the basis 0f this lawsuit involving Earmon Lovern in your
possession, custody or control.
ESI Notice:
This request for production includes a specific request for all electronically stored
information, electronic data, and/or magnetic data (“ESI”) pursuant t0 T.R.C.P. 196.4.
Plaintifi’requests that all such responsive ESI be produced in nativeformat.
6. Any and all safety reports, incident reports, 0r similar documents 0f any kind generated as a
result of the incident made the basis of this lawsuit.
7. Any and all documents concerning any investigation conducted regarding the explosion made
the basis 0f this suit.
8. Any and all photographs taken 0f the well, the pipeline involved in the explosion, and/or the
scene of the incident made the basis 0f this lawsuit at any time, including but not limited to
photos of the well, the pipeline, and/or the scene at the time 0f the incident and/or at any time
prior t0 and subsequent t0 the incident that are Within your possession, custody or control.
Plaintiff’s Notice oflntention T0 Take The Oral And Video Deposition 0f
Jonathan Garza With Subpoena Duces Tecum Page 4 0f5
9. Any and all Videos taken of the well, the pipeline involved in the explosion, and/or the scene
0f the incident made the basis 0f this lawsuit at any time, including but not limited t0 Videos 0f
the well, the pipeline, and/or the scene at the time of the incident and/or at any time prior to and
subsequent to the incident that are within your possession, custody or control.
10. Your cell phone records, including but not limited to all incoming and outgoing phone calls,
incoming 0r outgoing text messages, and/or incoming 0r outgoing instant messages for the date
of the explosion August 24, 2017 through August 25, 2017.
ESI Notice:
This requestfor production includes a specific requestfor all electronically stored information,
electronic data, and/or magnetic data (“ESI”) pursuant t0 T.R.C.P. 196.4. Plaintifi’requests that
all such responsive ESI be produced in staticformat.
Plaintiff’s Notice oflntention T0 Take The Oral And Video Deposition 0f
Jonathan Garza With Subpoena Duces Tecum Page 5 0f5
Preview
FILED DALLAS COUNTY 2/7/2019 1:39PM FELICIA PITRE DISTRICT CLERK CAUSE NO. DC-l 8-05402 EARMON LOVERN IN THE DISTRICT COURT Plaintiff, VS. DALLAS COUNTY, TEXAS mmmmmmmmmm EAGLERIDGE OPERATING, LLC, USG PROPERTIES BARNETT II, LLC Defendants. 192m JUDICIAL DISTRICT PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEOTAPED DEPOSITION 0F JONATHAN GARZA WITH SUBPOENA DUCES TECUM TO: Defendant, Eagleridge Operating, LLC, by and through their attorney ofrecord J.J. Knauff, THE MILLER LAW FIRM , 1950 Turtle Creek Center, 3811 Turtle Creek B1Vd., Dallas, Texas 75219; (469) 916-2552 — Telephone, (469) 916-2555 — Facsimile; Email: jknauff@tmlfpc.com PLEASE TAKE NOTICE that at 10:00a.m. 0n Tuesday, March 5, 2019 and continuing thereafter from day t0 day until completed, Jason B. Stephens, Attorney for Plaintiff Earmon Lovern Will take the oral and Video deposition of Jonathan Garza pursuant to the Texas Rules 0f Civil Procedure before a Certified Shorthand Reporter and certified Videographer. The deposition will take place at the following location: THE MILLER LAW FIRM 3811 Turtle Creek Blvd., Suite 1950 Dallas, TX 75219 469.916.2552 Said deposition, when s0 taken and returned according to law, may be used in evidence upon the trial of said cause, and you are hereby invited t0 attend and cross—examine the Witness as Plaintlfl’s Notice oflntention T0 Take The Oral And Video Deposition 0f Jonathan Garza With Subpoena Duces Tecum Page I 0f5 you may see proper. Said witness isinstructed to bring with him for copying and inspection the responsive items and documents set forth in Exhibit “A” attached hereto. Respectfully submitted, STEPHENS, ANDERSON & CUMMINGS, L.L.P. fi/fiflt: JASON B. STEPHENS Texas Bar No. 24003001 Jas0n@ Stephensanderson.com SETH M. ANDERSON Texas Bar N0. 2400 1 654 Seth@Stephensanderson.com JOHN M. CUMMINGS Texas Bar No. 00793572 John@ Stephensanderson.c0m B. ADAM DRAWHORN Texas Bar N0. 24077381 Adam@stephensanderson.com 4200 West Vickery Boulevard Fort Worth, Texas 76107 (817)920-9000 — Telephone (8 17)920-90 1 6 — Facsimile ATTORNEYS FOR PLAINTIFF Plaintlfl’s Notice oflntention T0 Take The Oral And Video Deposition 0f Jonathan Garza With Subpoena Duces Tecum Page 2 0f5 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy 0f the foregoing document was delivered pursuant t0 the Texas Rules 0f Civil Procedure on this 7th day of February, 2019. J.J. Knauff THE MILLER LAW FIRM 1950 Turtle Creek Center 381 1 Turtle Creek Boulevard Dallas, TX 7521931 Keith A. Robb Douglas D. Fletcher FLETCHER, FARLEY, SHIPMAN & SALINAS, L.L.P. 9201 N. Central Expressway, Suite 600 Dallas, TX 75231 @W’: Jason B. Stephens Plaintlfl’s Notice oflntention T0 Take The Oral And Video Deposition 0f Jonathan Garza With Subpoena Duces Tecum Page 3 0f5 EXHIBIT “A” 1. A copy of your driver’s license. 2. A copy 0f your resume. 3. Any and all documents reviewed or relied upon in preparation for your deposition. 4. Any and all correspondence, emails, (including deleted emails), voicemail (including deleted voicemail), reports, call logs, notes, internal memos, instant messages, and text messages by and between representatives 0f Defendant Eagleridge Operating, LLC, representatives 0f Defendant USG, representatives 0f J&C Energy, Inc. and/or anyone else regarding the explosion incident made the basis of this lawsuit involving Earmon Lovern in your possession, custody or control. ESI Notice: This request for production includes a specific request for all electronically stored information, electronic data, and/or magnetic data (“ESI”) pursuant t0 TR.C.P. 196.4. Plaintifi’requests that all such responsive ESI be produced in nativeformat. 5. Any and all emails, (including deleted emails), voicemail (including deleted voicemail), instant messages, and/or text messages by and between you and anyone else regarding the explosion incident made the basis 0f this lawsuit involving Earmon Lovern in your possession, custody or control. ESI Notice: This request for production includes a specific request for all electronically stored information, electronic data, and/or magnetic data (“ESI”) pursuant t0 T.R.C.P. 196.4. Plaintifi’requests that all such responsive ESI be produced in nativeformat. 6. Any and all safety reports, incident reports, 0r similar documents 0f any kind generated as a result of the incident made the basis of this lawsuit. 7. Any and all documents concerning any investigation conducted regarding the explosion made the basis 0f this suit. 8. Any and all photographs taken 0f the well, the pipeline involved in the explosion, and/or the scene of the incident made the basis 0f this lawsuit at any time, including but not limited to photos of the well, the pipeline, and/or the scene at the time 0f the incident and/or at any time prior t0 and subsequent t0 the incident that are Within your possession, custody or control. Plaintiff’s Notice oflntention T0 Take The Oral And Video Deposition 0f Jonathan Garza With Subpoena Duces Tecum Page 4 0f5 9. Any and all Videos taken of the well, the pipeline involved in the explosion, and/or the scene 0f the incident made the basis 0f this lawsuit at any time, including but not limited t0 Videos 0f the well, the pipeline, and/or the scene at the time of the incident and/or at any time prior to and subsequent to the incident that are within your possession, custody or control. 10. Your cell phone records, including but not limited to all incoming and outgoing phone calls, incoming 0r outgoing text messages, and/or incoming 0r outgoing instant messages for the date of the explosion August 24, 2017 through August 25, 2017. ESI Notice: This requestfor production includes a specific requestfor all electronically stored information, electronic data, and/or magnetic data (“ESI”) pursuant t0 T.R.C.P. 196.4. Plaintifi’requests that all such responsive ESI be produced in staticformat. Plaintiff’s Notice oflntention T0 Take The Oral And Video Deposition 0f Jonathan Garza With Subpoena Duces Tecum Page 5 0f5