Preview
322-558426-14 FILED
TARRANT COUNTY
8/5/2014 3:14:01 PM
THE STATE OF TEXAS THOMAS A. WILDER
DISTRICT CLERK
NO. 322-558426-14
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
AL YSON WOLFLE §
AND § 322ND JUDICIAL DISTRICT
ROBERT LOWELL WOLFLE, JR. §
§
AND IN THE INTEREST OF §
R.L.W., J.L.W. AND E.M.W., § TARRANT COUNTY, TEXAS
CHILDREN §
SUBPOENA TO APPEAR AT HEARING AND PRODUCE DOCUMENTS
To: Swearingen Realty Group, L.L.C. by and through its registered agent, Daniel
T. Paterson, 5950 Berkshire Lane, Suite 500, Dallas, Texas 75225.
YOU ARE COMANDED to appear at 200 East Weatherford Street, Fort Worth,
Texas 76196-0230, on September 4, 2014, at 8:00 a.m., before The Honorable Judge
Nancy Berger in the 322nd District Court, to attend and give testimony at a hearing in this
case on behalf of the Petitioner, Alyson Wolfle, and to remain in attendance from day to
day until lawfully discharged.
Swearingen Realty Group, L.L.C. is directed to designate a corporate representative to
appear and testify on its behalf with respect to the following matters:
1) The nature of the employment relationship between Swearingen Realty Group
and Robert L. Wolfle, Jr. or any business affiliation with Robert L. Wolfle, Jr.;
2) Swearingen Realty Group, L.L.C.'s policies, from 2012 to date, concerning the
use of company email addresses or email servers by employees, brokers,
agents, representatives, or senior vice presidents for personal communications;
3) Swearingen Realty Group, L.L.C.'s policies, from 2012 to date, concerning the
use of company computers, computer networks, or computer servers by
employees, brokers, agents, representatives, or senior vice presidents for
personal communications or personal documents;
SUBPOEANA TO APPEAR AT HEARING AND PRODUCE DOCUMENTS PAGE 1 OF 5
322-558426-14
4) Swearingen Realty Group, L.L.C.'s practices, from 2012 to date, with respect
to advising its employees, brokers, agents, representatives, or senior vice
presidents of its policies concerning the use of company email addresses or
email servers for personal communications;
5) Swearingen Realty Group, L.L.C.'s practices, from 2012 to date, with respect
to advising its employees, brokers, agents, representatives, or senior vice
presidents of its policies concerning the use of company computers, computer
networks, or computer servers for personal communications or personal
documents;
6) Swearingen Realty Group, L.L.C.'s notification of, or transmission to, Robert
L. Wolfle, Jr. of its policies concerning the use of company email addresses or
email servers by employees, brokers, agents, representatives, or senior vice
presidents for personal communications;
7) Swearingen Realty Group, L.L.C. 's notification of, or transmission to, Robert
L. Wolfle, Jr. of its policies concerning the use of company computers,
computer networks, or computer servers for personal communications or
personal documents;
8) Swearingen Realty Group, L.L.C.'s notification of, or transmission to, Robert
Wolfle, Jr. of an employee handbook;
9) Swearingen Realty Group, L.L.C.'s policies and practices, from 2012 to date,
of monitoring or inspecting the electronic communications of its employees,
brokers, agents, representatives, or senior vice presidents;
10)Swearingen Realty Group, L.L.C.'s notification of, or transmission to, Robert
Wolfle, Jr. of its policies or practices concerning the monitoring or inspection
of company computers, networks, and servers used by employees, brokers,
agents, representatives, or senior vice presidents;
ll)Swearingen Realty Group, L.L.C.'s policies and practices, from 2012 to date,
relating to the monitoring or inspection of company computers, networks, and
servers used by employees, brokers, agents, representatives, or senior vice
presidents; and,
12)Swearingen Realty Group, L.L.C.'s notification of, or transmission to, Robert
L. Wolfle, Jr. of its policies or practices concerning the monitoring or
inspection of company email addresses or email servers used by employees,
brokers, agents, representatives, or senior vice presidents.
SUBPOEANA TO APPEAR AT HEARING AND PRODUCE DOCUMENTS PAGE2 OF 5
322-558426-14
Swearingen Realty Group, L.L.C. is also directed to produce at the hearing all
documents or tangible items described below that are in its possession, custody, or
control:
1) All Swearingen Realty Group, L.L.C. policies, from 2012 to date, concerning
the use of company email addresses or email servers by employees, brokers,
agents, representatives, or senior vice presidents for personal communications;
2) All Swearingen Realty Group, L.L.C. policies, from 2012 to date, concerning
the use of company computers, computer networks, or computer servers by
employees, brokers, agents, representatives, or senior vice presidents for
personal communications or personal documents;
3) All Swearingen Realty Group, L.L.C. policies, from 2012 to date, concerning
the monitoring or inspection of company computers, networks, and servers
used by employees, brokers, agents, representatives, or senior vice presidents;
4) All Swearingen Realty Group, L.L.C. policies, from 2012 to date, concerning
the monitoring or inspection of company email addresses or email servers used
by employees, brokers, agents, representatives, or senior vice presidents;
5) Any Swearingen Realty Group, L.L.C. employee handbook provided to Robert
L. Wolfle, Jr.;
6) All Swearingen Realty Group, L.L.C. records showing receipt or
acknowledgement by Robert L. Wolfle, Jr. of any Swearingen Realty Group,
L.L.C. 's policies concerning the use of company email addresses or email
servers by employees, brokers, agents, representatives, or senior vice president
for personal communications;
7) All Swearingen Realty Group, L.L.C. records showing receipt or
acknowledgement by Robert L. Wolfle, Jr. of any Swearingen Realty Group,
L.L.C. policies concerning the use of company computers, computer networks,
or computer servers by employees, brokers, agents, representatives, or senior
vice presidents for personal communications or personal documents;
8) All Swearingen Realty Group, L.L.C. records showing receipt or
acknowledgement by Robert L. Wolfle, Jr. of any Swearingen Realty Group,
L.L.C. policies concerning the monitoring or inspection of company
computers, computer networks, computer servers, email addresses, or email
servers;
SUBPOEANA TO APPEAR AT HEARING AND PRODUCE DOCUMENTS PAGE3 OF 5
322-558426-14
9) All Swearingen Realty Group, L.L.C. records showing receipt or
acknowledgement by Robert L. Wolfle, Jr. of a Swearingen Realty Group,
L.L.C. employee handbook; and,
1O)All contracts of employment between Swearingen Realty Group, L.L.C. and
Robert L. Wolfle, Jr.
This subpoena is issued at the instance of Ralph Duggins, attorney for Petitioner in
the above-styled and numbered proceeding.
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. TEX. R. CIV. P.
176.8(a).
ISSUED on August [>'t2o14 by:
RALP~
rduggins@canteyhanger.com
State Bar No. 06183700
KATHERINE L. LACKEY
klackey@.canteyhanger .coni
State Bar No. 24035518
CLINTON QUISENBERRY
cquisenberry@.canteyhanger.com
State Bar No. 24079168
CANTEY HANGER LLP
Cantey Hanger Plaza
600 W. 6th Street, Suite 300
Fort Worth, Texas 76102
Telephone: (817) 877-2800
Facsimile: (817) 877-2807
ATTORNEYS FOR PETITIONER
SUBPOEANA TO APPEAR AT HEARING AND PRODUCE DOCUMENTS PAGE4 OF 5
322-558426-14
RETURN OF SERVICE OF SUBPOENA
1,~ :;;::;;2s;;d , delivered a C9PJ1-., of this subpoena
directed at Swe ringen Realty Group, L.L.C. to J)J)1\J\CZ. c J- ~~)'2.H>tJ in
Lv ~ l~4- .::;ao , in Dallas, Dallas County,
Texas, on the ·- ; '- day of August 2014 at d '.0-;--
tendered a witne;~~ee of$10.00 in cash.
I KCP.s ~ (802 <5'
~Y'P ~ l''J4¥V ze>l(::
~~~~~~~~r-------
ACKNOWLEDGMENT OF ACCEPTANCE OF SUBPOENA
I~ N ~
1<1._ ~ f'l~ Q So .,) , acknowledge that I received a copy of
this subpoena directed at Swearingen Realty Group, L.L.C. in person and received the
witness fee of $1 0. 00 in cash. Execution of a return of service is therefore not required.
SUBPOEANA TO APPEAR AT HEARING AND PRODUCE DOCUMENTS PAGES OF 5
Preview
322-558426-14 FILED TARRANT COUNTY 8/5/2014 3:14:01 PM THE STATE OF TEXAS THOMAS A. WILDER DISTRICT CLERK NO. 322-558426-14 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § AL YSON WOLFLE § AND § 322ND JUDICIAL DISTRICT ROBERT LOWELL WOLFLE, JR. § § AND IN THE INTEREST OF § R.L.W., J.L.W. AND E.M.W., § TARRANT COUNTY, TEXAS CHILDREN § SUBPOENA TO APPEAR AT HEARING AND PRODUCE DOCUMENTS To: Swearingen Realty Group, L.L.C. by and through its registered agent, Daniel T. Paterson, 5950 Berkshire Lane, Suite 500, Dallas, Texas 75225. YOU ARE COMANDED to appear at 200 East Weatherford Street, Fort Worth, Texas 76196-0230, on September 4, 2014, at 8:00 a.m., before The Honorable Judge Nancy Berger in the 322nd District Court, to attend and give testimony at a hearing in this case on behalf of the Petitioner, Alyson Wolfle, and to remain in attendance from day to day until lawfully discharged. Swearingen Realty Group, L.L.C. is directed to designate a corporate representative to appear and testify on its behalf with respect to the following matters: 1) The nature of the employment relationship between Swearingen Realty Group and Robert L. Wolfle, Jr. or any business affiliation with Robert L. Wolfle, Jr.; 2) Swearingen Realty Group, L.L.C.'s policies, from 2012 to date, concerning the use of company email addresses or email servers by employees, brokers, agents, representatives, or senior vice presidents for personal communications; 3) Swearingen Realty Group, L.L.C.'s policies, from 2012 to date, concerning the use of company computers, computer networks, or computer servers by employees, brokers, agents, representatives, or senior vice presidents for personal communications or personal documents; SUBPOEANA TO APPEAR AT HEARING AND PRODUCE DOCUMENTS PAGE 1 OF 5 322-558426-14 4) Swearingen Realty Group, L.L.C.'s practices, from 2012 to date, with respect to advising its employees, brokers, agents, representatives, or senior vice presidents of its policies concerning the use of company email addresses or email servers for personal communications; 5) Swearingen Realty Group, L.L.C.'s practices, from 2012 to date, with respect to advising its employees, brokers, agents, representatives, or senior vice presidents of its policies concerning the use of company computers, computer networks, or computer servers for personal communications or personal documents; 6) Swearingen Realty Group, L.L.C.'s notification of, or transmission to, Robert L. Wolfle, Jr. of its policies concerning the use of company email addresses or email servers by employees, brokers, agents, representatives, or senior vice presidents for personal communications; 7) Swearingen Realty Group, L.L.C. 's notification of, or transmission to, Robert L. Wolfle, Jr. of its policies concerning the use of company computers, computer networks, or computer servers for personal communications or personal documents; 8) Swearingen Realty Group, L.L.C.'s notification of, or transmission to, Robert Wolfle, Jr. of an employee handbook; 9) Swearingen Realty Group, L.L.C.'s policies and practices, from 2012 to date, of monitoring or inspecting the electronic communications of its employees, brokers, agents, representatives, or senior vice presidents; 10)Swearingen Realty Group, L.L.C.'s notification of, or transmission to, Robert Wolfle, Jr. of its policies or practices concerning the monitoring or inspection of company computers, networks, and servers used by employees, brokers, agents, representatives, or senior vice presidents; ll)Swearingen Realty Group, L.L.C.'s policies and practices, from 2012 to date, relating to the monitoring or inspection of company computers, networks, and servers used by employees, brokers, agents, representatives, or senior vice presidents; and, 12)Swearingen Realty Group, L.L.C.'s notification of, or transmission to, Robert L. Wolfle, Jr. of its policies or practices concerning the monitoring or inspection of company email addresses or email servers used by employees, brokers, agents, representatives, or senior vice presidents. SUBPOEANA TO APPEAR AT HEARING AND PRODUCE DOCUMENTS PAGE2 OF 5 322-558426-14 Swearingen Realty Group, L.L.C. is also directed to produce at the hearing all documents or tangible items described below that are in its possession, custody, or control: 1) All Swearingen Realty Group, L.L.C. policies, from 2012 to date, concerning the use of company email addresses or email servers by employees, brokers, agents, representatives, or senior vice presidents for personal communications; 2) All Swearingen Realty Group, L.L.C. policies, from 2012 to date, concerning the use of company computers, computer networks, or computer servers by employees, brokers, agents, representatives, or senior vice presidents for personal communications or personal documents; 3) All Swearingen Realty Group, L.L.C. policies, from 2012 to date, concerning the monitoring or inspection of company computers, networks, and servers used by employees, brokers, agents, representatives, or senior vice presidents; 4) All Swearingen Realty Group, L.L.C. policies, from 2012 to date, concerning the monitoring or inspection of company email addresses or email servers used by employees, brokers, agents, representatives, or senior vice presidents; 5) Any Swearingen Realty Group, L.L.C. employee handbook provided to Robert L. Wolfle, Jr.; 6) All Swearingen Realty Group, L.L.C. records showing receipt or acknowledgement by Robert L. Wolfle, Jr. of any Swearingen Realty Group, L.L.C. 's policies concerning the use of company email addresses or email servers by employees, brokers, agents, representatives, or senior vice president for personal communications; 7) All Swearingen Realty Group, L.L.C. records showing receipt or acknowledgement by Robert L. Wolfle, Jr. of any Swearingen Realty Group, L.L.C. policies concerning the use of company computers, computer networks, or computer servers by employees, brokers, agents, representatives, or senior vice presidents for personal communications or personal documents; 8) All Swearingen Realty Group, L.L.C. records showing receipt or acknowledgement by Robert L. Wolfle, Jr. of any Swearingen Realty Group, L.L.C. policies concerning the monitoring or inspection of company computers, computer networks, computer servers, email addresses, or email servers; SUBPOEANA TO APPEAR AT HEARING AND PRODUCE DOCUMENTS PAGE3 OF 5 322-558426-14 9) All Swearingen Realty Group, L.L.C. records showing receipt or acknowledgement by Robert L. Wolfle, Jr. of a Swearingen Realty Group, L.L.C. employee handbook; and, 1O)All contracts of employment between Swearingen Realty Group, L.L.C. and Robert L. Wolfle, Jr. This subpoena is issued at the instance of Ralph Duggins, attorney for Petitioner in the above-styled and numbered proceeding. 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. TEX. R. CIV. P. 176.8(a). ISSUED on August [>'t2o14 by: RALP~ rduggins@canteyhanger.com State Bar No. 06183700 KATHERINE L. LACKEY klackey@.canteyhanger .coni State Bar No. 24035518 CLINTON QUISENBERRY cquisenberry@.canteyhanger.com State Bar No. 24079168 CANTEY HANGER LLP Cantey Hanger Plaza 600 W. 6th Street, Suite 300 Fort Worth, Texas 76102 Telephone: (817) 877-2800 Facsimile: (817) 877-2807 ATTORNEYS FOR PETITIONER SUBPOEANA TO APPEAR AT HEARING AND PRODUCE DOCUMENTS PAGE4 OF 5 322-558426-14 RETURN OF SERVICE OF SUBPOENA 1,~ :;;::;;2s;;d , delivered a C9PJ1-., of this subpoena directed at Swe ringen Realty Group, L.L.C. to J)J)1\J\CZ. c J- ~~)'2.H>tJ in Lv ~ l~4- .::;ao , in Dallas, Dallas County, Texas, on the ·- ; '- day of August 2014 at d '.0-;-- tendered a witne;~~ee of$10.00 in cash. I KCP.s ~ (802 <5' ~Y'P ~ l''J4¥V ze>l(:: ~~~~~~~~r------- ACKNOWLEDGMENT OF ACCEPTANCE OF SUBPOENA I~ N ~ 1<1._ ~ f'l~ Q So .,) , acknowledge that I received a copy of this subpoena directed at Swearingen Realty Group, L.L.C. in person and received the witness fee of $1 0. 00 in cash. Execution of a return of service is therefore not required. SUBPOEANA TO APPEAR AT HEARING AND PRODUCE DOCUMENTS PAGES OF 5