Preview
I
DALLAS COUNTY
8/6/2018 2:32 PM
FELICIA PITRE
DISTRICT CLERK
Marissa Pittman
DISCOVERY SUBPOENA DUCES TECUM
TS
CAUSE NO. DC-18-05560
MARY K&yY, INC., IN THE DISTRICT COURT OF
Plaintiff,
ve DALLAS COUNTY, TEXAS
xxxxx xxxxx xxxxxxx,
Defendant. 11674 JUDICIAL DISTRICT
LS
THE STATE OF TEXAS
AND
TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON AUTHORIZED TO SERVE ,
EXECUTE SUBPOENAS AS PROVIDED IN RULES 176 AND 205 OF THE TEXAS RULES OF CIVIL PROCEDURE
GREETINGS:
YOU ARE HEREBY COMMANDED TO SUMMON:
PayPal, Inc.
Attn: Registered Agent, CT Corporation System
1999 Bryan St., Ste. 900
Dallas, TX 75201-3136
to produce the documents and tangible things requested in ScheduleA (‘Command to Produce
this
Documents”) to this Subpoena and to further execute the affidavit enclosed as ScheduleB to
at the offices of Lynn Pinker Cox &
Subpoena. The documents and affidavit shall be produced
2018, or at such
Hurst, LLP, 2100 Ross Avenue, Suite 2700, Dallas, Texas 75201 by August 20,
other time and place as mutually agreed.
** SEE ATTACHED **
**% AFFIDAVIT *#*
Pagel
SUBPOENA
HEREIN FAIL NOT, but of this writ made due retum showing how you have executed same.
Rule 176.8(a) states: 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.
GIVEN UNDER MY HAND AND SEAL, this the 3 1st day of July, 2018.
Issued by counse! e Plaintiff:
Oca
Ch
—-!
Christopher J”Schweginann Nofary Public, Sthte of Texas
Texas Bar No. 2405 pS,
cjs@lynnilp.com
Jared D. Eisenberg weBL t Christi Baker
Texas Bar No. 24092382
jeisenberg@lynnllp.com
C Natary Public,
‘State uf Toray
Expires:09-16-2018
Lynn PINKER Cox & Hurst, LLP
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
Telephone: (214) 981-3800
Facsimile: (214) 981-3839
ATTORNEYS FOR PLAINTIFF MARY KAY INC.
Page 2
SUBPOENA
a R? RE’
Came to hand the day of 2018, at o’clock .M., and
executed by delivering a copy of this subpoena to the within named witness at the following time
and place, to wit!
Delivered: 2018
at o'clock __.M.
or not executed as to the witness for the following reason:
T actually and necessarily traveled miles in the service of this Subpoena, in
addition to any this mileage I may have traveled in the service of this process in this cause during
the same trip.
Summoning Witness: $,
Mileage: $, County, Texas
By:
(Print Name)
(Print Address) «* SEE ATTACHED **
=F AFFIDAVIT ***
(Telephone Number)
Page 3
SUBPOENA
CAUSE NO. DC-18-05560
MARY Kay, INC., IN THE DISTRICT COURT
Plaintiff(s),
vs. 116TH JUDICIAL DISTRICT
xxxxx xxxxx xxxxxxx,
Defendant(s). DALLAS COUNTY, TEXAS
PROOF OF SERVICE OF SUBPOENA
Came to hand on Tuesday, July 31, 2018 at 11:25 AM,
Executed at: 1999 BRYAN STREET, SUITE 900, DALLAS, TX 75201
within the county of DALLAS at 12:55 PM, on Tuesday, July 31, 2018,
by delivering to the within named:
PAYPAL, INC.
By delivering to its Registered Agent, CT CORPORATION SYSTEM
By delivering to its Authorized Agent, ANTOINETTE WILLIAMS
In person a true copy hereof and tendered a witness fee of $1.00 Cash, which was accepted.
By:
!
Adam Brifgewat - PSC: Exp 07/31/20
served@specialdelivery.com
Subscribed and Sworn to by Adam Bridgewater, Before Me, lersigned authori ty, on this 2"¢
CE
day of August, 2018.
Notary Public pager State of Texas
oe
7,ee
- 7) STATE Ol TEXAS
(| ve: =ew ID#12499806-6
es ze
SCHEDULE A
INSTRUCTIONS
1 Each Request for Production requests documents and other materials you are
to furnish (including all duplicates, copies or drafts thereof) that are in your possession, custody
or control, or known or available to you, regardless of whether such documents are
possessed directly by you or by any present or former employee, agent, partner, associate,
representative, attorney, accountant, insurer, contractor, advisor, consultant, investigator,
bank, governmental entity, physician, or any other person acting or purporting to act on your
behalf or under your control.
2. In producing documents and other materials in response to these requests, you
are requested to produce a copy of each document, and both sides thereof, all electronic
versions, and all drafts and non-identical copies (whether different from the original because
of notes made on such copies, because of indications that said copies were sent to different
individuals than were the originals, or because of any other reason), Where an identical copy
of adocument cannot be produced for any reason (¢.g., different color entries, faint writing,
erasures, etc.), please produce the original.
3 If you claim any form of privilege, whether based on statute or otherwise, as
a basis for withholding production of any document or material, you are required to provide,
for each item withheld, the following information if known or available to you: (a) date
composed and date appearing on the document; (b) the name, the present or last known home
and business addresses, the telephone numbers, the title (or position), and the occupation of
those individuals who prepared, produced, reproduced, and who were the intended recipients of
said document; (c) number of pages; (d) number of copies made; (e) identity of all persons
who saw the original document, saw or received a copy of such document, including the job
titles of each such person; and (f) a description of the document sufficient to identify it without
revealing the information for which the privilege is claimed, including the general subject
matter and character of the document (¢.g., letter, memorandum, notes).
4. If you object to any of the following requests, state the reasons for such objection
and answer to the extent the request is not objectionable. All grounds for any objection shall
be stated with specificity, and any ground not stated in a timely objection shall be deemed
waived unless good cause for omission can be shown.
5 Notwithstanding any objection, you are to produce all responsive documents
and/or other materials which contain non-objectionable information responsive to any one
or more of these requests. That portion of the document for which the objection is asserted
(above) is
may be redacted, provided that the identification called for in Instruction No. 3
furnished.
6 Each document or other material requested herein is to be produced in its entirety,
g
without deletion or excision (except as qualified by Instruction No. 5 above), includin
t to be
attachments and enclosures, regardless of whether you consider the entire documen
Page 4
SUBPOENA
relevant or responsive to any one or more of these requests. Documents attached to each
other must not be separated, regardless of whether you consider all of the attached documents
or pages thereof to be relevant or responsive to any one or more of these requests.
7. If any responsive documents or other materials cannot be produced in full,
then produce them to the maximum extent possible, specifying the reasons for your
inability to produce the remainder and stating what information, knowledge or belief you
have concerning the portion not produced.
8 If a responsive document or other item once existed, but has been lost or
destroyed, or is otherwise no longer in your possession, custody or control, you are to identify
the document or other item and state the details concerning the loss of same, including without
limitation, date of loss or destruction, and the name, title and address of the present and former
custodian of any such document or other item, if known to you.
9. These requests require the production of documents as they are kept in the
usual course of business or organized and labeled to correspond with the specific requests
set forth below. If you choose the former method, the documents are to be produced in the
boxes, file folders, bindings, or other containers in which the documents are found. The
titles, labels or other descriptions on the boxes, file folders, bindings, or other containers are to
be left intact.
10. Bach Request for Production and subparts thereof should be answered separately
and identified so that the response clearly corresponds to the request or subpart thereof to which
the response is being offered.
Ll. Each Request for Production shall be construed as follows: (a) the singular
or neuter
includes the plural and the plural includes the singular; (b) the masculine, feminine
pronoun includes the other genders; (c) the conjunctions “and” and “or” shall be read either
or
disjunctively or conjunctively to bring within the scope of the request all documents
information that might otherwise be construed to be outside its scope; (d) the words “any”
and “all” shall include each and every; and (e) the present tense of a verb includes its past
tense and vice versa.
12. Mary Kay hereby requests production of all electronic or magnetic data
to a
containing information responsive to these requests. Such information should be copied
made available in
computer disc in the same format or program as it currently exists and
that format unless otherwise agreed.
13, Each Request for Production shall be construed independently and not by
reference to any other Request for Production herein for the purposes of limitation.
or
14. Each Request for Production shall be grouped, categorized, indexed,
nt is respons ive.
otherwise classified according to the document request to which the docume
A written response to this request is required.
ment
15. You are further instructed that you are under a duty to reasonably supple
ons of the TEXAS RULES
your responses to these requests in accordance with the provisi
Page 5
SUBPOENA
OF CIVIL PROCEDURE.
DEFINITIONS
1 The terms “You,” or any variant thereof, means PayPal, Inc., its agents, assigns,
legal representatives, non-legal representatives, personal representatives, attorneys, employees,
and also includes individuals and entities who act, have acted, purport to act, or have purported to
act on behalf of PayPal, Inc.
2. The term “Mary Kay” means Mary Kay Inc., and includes its past and present,
agents, predecessors, successors, assigns, legal representatives, non-legal representatives,
personal representatives, attorneys, and also includes individuals and entities who act,
have acted, purport to act, or have purported to act on behalf of Mary Kay.
3 The term “xxxxxxx” means xxxxx xxxxx xxxxxxx (or any of her other
known names, including Jaime xxxxxxx, Jaime C. xxxxxxx, or Jaime xxxxx),
and includes her past and present, agents, predecessors, successors, assigns, legal
representatives, non-legal representatives, personal representatives, attorneys, and also
includes individuals and entities who act, have acted, purport to act, or have purportedto act
on her behalf, as well as any entity in which xxxxxxx has any interest whatsoever.
4. As used herein, the terms “document” and “documents” are intended to be
construed to the broadest extent possible and include documents and tangible things and original
and non-identical copies, whether by reason of marginal or other notes or alterations, and
includes, without limitation, the following items, whether printed, recorded, stored or
reproduced by hand: agreements, contracts, communications, letters, writings, electronic
mail (or email) messages, correspondence, memoranda (including internal memoranda or
any memoranda or reports of a meeting or conversations), telegrams, telexes, facsimile
transmissions, notes, notices, reports, studies, books, publications, records, summaries, or
records of telephone conversations or interviews, telephone bills or logs, message slips,
appointment books, calendars, tabulations, agendas, diaries, graphs, reports, notebooks, note
charts, studies, plans, artist renderings, drawings, sketches, maps, tape recordings, summaries
or reports of investigations or negotiations, opinions or reports of consultants, photographs,
motion picture films, computer tapes, disks, cards, and any other electronic or magnetic
means of data storage, brochures, pamphlets, advertisements, circulars, press releases, drafts
or any other writings of any character or description. THE TERM “DOCUMENT”
EXPRESSLY INCLUDES ALL DIGITAL FILES, DATABASES, EMAILS, AND OTHER
DOCUMENTS MAINTAINED IN DIGITAL FORM.
5 As used herein, the terms “an ” and “or” shall be construed both disjunctively
and conjunctively as necessary to make the request inclusive rather than exclusive.
,
6 As used herein, the term “communication” means any conversation, statement
discussion, correspondence, message, expression, memorandum, note, sign, or other form
not
of transmitting an idea, thought, word or message, whether written or oral, whether or
actually transmitted or conveyed, including but not limited to, notes, tapes, electronic media,
email, etc. A request for “communication” is included within request for a “document.”
Page 6
SUBPOENA
7. The term “including,” or one of its inflections, means and refers to “including,
but not limited to.”
8. As used herein, “meeting” means any assembly, convocation, encounter, or
the contemporaneous presence of two or more persons for any purpose, whether or not
planned, arranged, or scheduled in advance.
9. As used herein, “person” and “persons” include human beings, corporations,
partnerships, associations, joint ventures, government agencies (federal, state, and local), and
any other organization cognizable at law.
10. As used herein, the words “relating to” or “relate to” mean, without limitation,
documents analyzing, evidencing, summarizing, discussing, reflecting, showing, referring
to, containing, supporting, previously attached or appended to, used in the preparation of any
document described in or by any request, or in any other way relating to the documents or
class of documents, events, acts or occurrences described in this request.
11. The term “all” includes and encompasses “any.” The term “any” includes and
encompasses “all.”
12. The word “identify,” when used herein as a reference to a document, means to
state
(1) its date, (2) its author, (3) the type of document, e.g., letter, memorandum, receipt, invoice,
schedule, report, telegram, chart, photograph, sound production, etc., and (4) its present location and
the name of its present custodian.
13. “Identify” and “identity,” when used with respect to a natural person, means
to
a the person’s full name;
b. the person’s present or last known home and business addresses;
c. the person’s occupation or business; and
d the person’s present or last known employer and position.
14, If any of the above information is not available, state any other available means
of identifying such person.
15. “Identify” and “identity,” when used with respect to an entity other than a
natural person, means to state:
a he full name of the organization or entity;
b. the place and date of incorporation of the organization or entity;
¢, the principal place of business of the organization or entity; and
4. the identity of persons representing or employed by the organization or
entity having knowledge of the matters related to this Lawsuit.
16 “Jdentify” and “identity,” when used with respect to a document, means to state:
its date;
Page7
SUBPOENA
its author(s) and signatory(ies);
its addressee(s);
its title or heading;
the type of document;
its custodian;
its present or last known location; and
a description of its subject matter and contents.
17, If any such document was, but is no longer in your possession or subject to
your control, or in existence, in addition to the above, state whether it is (1) missing or
lost, (2) destroyed, or (3) transmitted or transferred, voluntarily or involuntarily, to others,
and in each instance, explain the circumstances surrounding any authorization for disposition
and state the date of the approximate date thereof. If any of the above information is not
available, state any other available means of identifying such document.
18, Any reference to an individual person, either singularly or as part of a defined
group, that includes that person’s past and present agents, legal representatives, non-legal
representatives, personal representatives, attorneys, employees, heirs, successors, and assigns,
and also includes individuals and entities who act, have acted, purport to act, or have purported
to act on behalf of such individual person.
19. Any reference to a non-natural person includes that person’s past and present
directors, officers, agents, predecessors, successors, assigns, legal representatives, non-legal
representatives, personal representatives, attorneys, general partners, limited partners,
employees, subsidiaries and parent companies, sister companies, affiliated entities, and
also includes individuals and entities who act, have acted, purport to act, or have purported to
act on behalf of such non-natural person.
20. The singular includes the plural and vice versa.
21, The masculine gender includes the feminine and vice versa.
22. All other terms are to be interpreted in accordance with their normal usage in
the English language.
23. — These discovery requests are limited to information not protected by the work
product privilege.
Page 8
SUBPOENA
D N' PROD I
1 From January 1, 2013 to the present, documents and communications sufficient to
show all payments made to any PayPal accounts maintained by (or registered to) xxxxxxx and/or
any affiliated entities, whatever the source of payment. For purposes of this Request, “xxxxxxx”
includes: (i) JCV Global, Inc.; (ii) xxxxx C. xxxxxxx; (iii) xxxxx xxxxx xxxxxxx; (iv) xxxxx xxxxxxx;
(v) xxxxx xxxxx; (vi) Imagine Customs, Inc.; and (vii) Warrior Magnificent International, LLC.
2. To the extent not responsive to Request No. | above, from January 1, 2013 to the
present, all Banking Information relating to any PayPal accounts maintained by (or registered to)
xxxxxxx and/or any affiliated entities, whatever the source of payment. For purposes of this
Request, “xxxxxxx” includes: (i) JCV Global, Inc.; (ii) xxxxx C. xxxxxxx; (iii) xxxxx xxxxx xxxxxxx;
(iv) xxxxx xxxxxxx; (v) xxxxx xxxxx; (vi) Imagine Customs, Inc.; and (vii) Warrior Magnificent
International, LLC. For purposes of this Request, “Banking Information” means the name of the
banking institution associated with the account, addresses and phone numbers relating to the
banking institution, as well as the associated bank account information.
3. To the extent not responsive to Request No. 1 above, from January 1, 2013 to the
present, all documents containing Transaction records for any PayPal accounts maintained by (or
registered to) xxxxxxx and any affiliated entities, whatever the source of payment. For purposes of
this Request, “xxxxxxx” includes: (i) JCV Global, Inc.; (ii) xxxxx C. xxxxxxx; (iii) xxxxx xxxxx
xxxxxxx; (iv) xxxxx xxxxxxx; (v) xxxxx xxxxx; (vi) Imagine Customs, Inc.; and (vii) Warrior
Magnificent International, LLC. For purposes of this Request, “Transaction Records” means all
documents containing records or information involving any transfer of funds into or from any such
account maintained by (or registered to) xxxxxxx and/or any affiliated entities, including the
specific dollar amount of any and all such transfers and corresponding dates of such transfer; the
source of the funds that were paid into or out of any such account; and the names of the other
parties who transferred money into or were recipients of money from any such account,
Page 9
SUBPOENA
SCHEDULE B
CAUSE NO. DC-18-05560
MARY KAY INC.,
IN THE DISTRICT COURT OF
Plaintiff,
v.
DALLAS COUNTY, TEXAS
xxxxx xxxxx xxxxxxx,
Defendant. § 116th JUDICIAL DISTRICT
AFFIDAVIT OF CUSTODIAN OF BUSINESS RECORDS
STATE OF
COUNTY OF
], being duly sworn, state as follows:
1 I am over the age of 18, and I am competent to testify to the matters contained
herein.
2. T am the custodian of records for PayPal, Inc. (“PayPal”) and have personal
knowledge of its record keeping practices.
3 Attached hereto, collectively as Exhibit A, are pages of records from
PayPal.
4. These said pages of records are kept by PayPal in the regular course of business.
5 It is the regular practice of PayPal for an employee or representative with
knowledge of the act, event, incident, order, transaction, invoice, condition, photo, video
SUBPOENA Page 10
CAUSE NO. DC-18-05560
MARY KAY INC., IN THE DISTRICT COURT OF
Plaintiff,
v.
DALLAS COUNTY, TEXAS
xxxxx xxxxx xxxxxxx,
Defendant. 116th JUDICIAL DISTRICT
NOTICE OF INTENTION TO SERVE SUBPOENA
TO: Defendant, by and through her attorneys of record.
St., Ste. 900,
TO: PayPal, Inc., Attn. Registered Agent, CT Corporation System, 1999 Bryan
Dallas, TX 75201-3136.
PLEASE TAKE NOTICE that, pursuant to Rules 205.1, 205.2, and 205.3 of the Texas
for
Rules of Civil Procedure, Plaintiff Mary Kay Inc. intends to serve the attached subpoena
production of documents in ten days on PayPal, Inc.
Dated: July 31, 2018 Respectfully submitted,
4s/ Christopher J. Schwegmann
Christopher J. Schwegmann
Texas Bar No. 24051315
cjs@lynnllp.com
Jared D. Eisenberg
Texas Bar No. 24092382
jeisenberg@lynnllp.com
LYNN PINKER Cox & Hurst, LLP
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
Telephone: (214) 981-3800
Facsimile: (214) 981-3839
ATTORNEY FOR PLAINTIFF
MARY KAY INC.
Page 1
NOTICE OF INTENTION TO SERVE SUBPOENA
CERTIFICATE
OF SERVICE
I hereby certify that the foregoing document was served upon all counsel of record
via electronic mail on July 31, 2018.
4s/ Jared D. Eisenberg.
Jared D. Eisenberg
NOTICE OF INTENTION TO SERVE SUBPOENA
Page2
Preview
I DALLAS COUNTY 8/6/2018 2:32 PM FELICIA PITRE DISTRICT CLERK Marissa Pittman DISCOVERY SUBPOENA DUCES TECUM TS CAUSE NO. DC-18-05560 MARY K&yY, INC., IN THE DISTRICT COURT OF Plaintiff, ve DALLAS COUNTY, TEXAS xxxxx xxxxx xxxxxxx, Defendant. 11674 JUDICIAL DISTRICT LS THE STATE OF TEXAS AND TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON AUTHORIZED TO SERVE , EXECUTE SUBPOENAS AS PROVIDED IN RULES 176 AND 205 OF THE TEXAS RULES OF CIVIL PROCEDURE GREETINGS: YOU ARE HEREBY COMMANDED TO SUMMON: PayPal, Inc. Attn: Registered Agent, CT Corporation System 1999 Bryan St., Ste. 900 Dallas, TX 75201-3136 to produce the documents and tangible things requested in ScheduleA (‘Command to Produce this Documents”) to this Subpoena and to further execute the affidavit enclosed as ScheduleB to at the offices of Lynn Pinker Cox & Subpoena. The documents and affidavit shall be produced 2018, or at such Hurst, LLP, 2100 Ross Avenue, Suite 2700, Dallas, Texas 75201 by August 20, other time and place as mutually agreed. ** SEE ATTACHED ** **% AFFIDAVIT *#* Pagel SUBPOENA HEREIN FAIL NOT, but of this writ made due retum showing how you have executed same. Rule 176.8(a) states: 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. GIVEN UNDER MY HAND AND SEAL, this the 3 1st day of July, 2018. Issued by counse! e Plaintiff: Oca Ch —-! Christopher J”Schweginann Nofary Public, Sthte of Texas Texas Bar No. 2405 pS, cjs@lynnilp.com Jared D. Eisenberg weBL t Christi Baker Texas Bar No. 24092382 jeisenberg@lynnllp.com C Natary Public, ‘State uf Toray Expires:09-16-2018 Lynn PINKER Cox & Hurst, LLP 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 Telephone: (214) 981-3800 Facsimile: (214) 981-3839 ATTORNEYS FOR PLAINTIFF MARY KAY INC. Page 2 SUBPOENA a R? RE’ Came to hand the day of 2018, at o’clock .M., and executed by delivering a copy of this subpoena to the within named witness at the following time and place, to wit! Delivered: 2018 at o'clock __.M. or not executed as to the witness for the following reason: T actually and necessarily traveled miles in the service of this Subpoena, in addition to any this mileage I may have traveled in the service of this process in this cause during the same trip. Summoning Witness: $, Mileage: $, County, Texas By: (Print Name) (Print Address) «* SEE ATTACHED ** =F AFFIDAVIT *** (Telephone Number) Page 3 SUBPOENA CAUSE NO. DC-18-05560 MARY Kay, INC., IN THE DISTRICT COURT Plaintiff(s), vs. 116TH JUDICIAL DISTRICT xxxxx xxxxx xxxxxxx, Defendant(s). DALLAS COUNTY, TEXAS PROOF OF SERVICE OF SUBPOENA Came to hand on Tuesday, July 31, 2018 at 11:25 AM, Executed at: 1999 BRYAN STREET, SUITE 900, DALLAS, TX 75201 within the county of DALLAS at 12:55 PM, on Tuesday, July 31, 2018, by delivering to the within named: PAYPAL, INC. By delivering to its Registered Agent, CT CORPORATION SYSTEM By delivering to its Authorized Agent, ANTOINETTE WILLIAMS In person a true copy hereof and tendered a witness fee of $1.00 Cash, which was accepted. By: ! Adam Brifgewat - PSC: Exp 07/31/20 served@specialdelivery.com Subscribed and Sworn to by Adam Bridgewater, Before Me, lersigned authori ty, on this 2"¢ CE day of August, 2018. Notary Public pager State of Texas oe 7,ee - 7) STATE Ol TEXAS (| ve: =ew ID#12499806-6 es ze SCHEDULE A INSTRUCTIONS 1 Each Request for Production requests documents and other materials you are to furnish (including all duplicates, copies or drafts thereof) that are in your possession, custody or control, or known or available to you, regardless of whether such documents are possessed directly by you or by any present or former employee, agent, partner, associate, representative, attorney, accountant, insurer, contractor, advisor, consultant, investigator, bank, governmental entity, physician, or any other person acting or purporting to act on your behalf or under your control. 2. In producing documents and other materials in response to these requests, you are requested to produce a copy of each document, and both sides thereof, all electronic versions, and all drafts and non-identical copies (whether different from the original because of notes made on such copies, because of indications that said copies were sent to different individuals than were the originals, or because of any other reason), Where an identical copy of adocument cannot be produced for any reason (¢.g., different color entries, faint writing, erasures, etc.), please produce the original. 3 If you claim any form of privilege, whether based on statute or otherwise, as a basis for withholding production of any document or material, you are required to provide, for each item withheld, the following information if known or available to you: (a) date composed and date appearing on the document; (b) the name, the present or last known home and business addresses, the telephone numbers, the title (or position), and the occupation of those individuals who prepared, produced, reproduced, and who were the intended recipients of said document; (c) number of pages; (d) number of copies made; (e) identity of all persons who saw the original document, saw or received a copy of such document, including the job titles of each such person; and (f) a description of the document sufficient to identify it without revealing the information for which the privilege is claimed, including the general subject matter and character of the document (¢.g., letter, memorandum, notes). 4. If you object to any of the following requests, state the reasons for such objection and answer to the extent the request is not objectionable. All grounds for any objection shall be stated with specificity, and any ground not stated in a timely objection shall be deemed waived unless good cause for omission can be shown. 5 Notwithstanding any objection, you are to produce all responsive documents and/or other materials which contain non-objectionable information responsive to any one or more of these requests. That portion of the document for which the objection is asserted (above) is may be redacted, provided that the identification called for in Instruction No. 3 furnished. 6 Each document or other material requested herein is to be produced in its entirety, g without deletion or excision (except as qualified by Instruction No. 5 above), includin t to be attachments and enclosures, regardless of whether you consider the entire documen Page 4 SUBPOENA relevant or responsive to any one or more of these requests. Documents attached to each other must not be separated, regardless of whether you consider all of the attached documents or pages thereof to be relevant or responsive to any one or more of these requests. 7. If any responsive documents or other materials cannot be produced in full, then produce them to the maximum extent possible, specifying the reasons for your inability to produce the remainder and stating what information, knowledge or belief you have concerning the portion not produced. 8 If a responsive document or other item once existed, but has been lost or destroyed, or is otherwise no longer in your possession, custody or control, you are to identify the document or other item and state the details concerning the loss of same, including without limitation, date of loss or destruction, and the name, title and address of the present and former custodian of any such document or other item, if known to you. 9. These requests require the production of documents as they are kept in the usual course of business or organized and labeled to correspond with the specific requests set forth below. If you choose the former method, the documents are to be produced in the boxes, file folders, bindings, or other containers in which the documents are found. The titles, labels or other descriptions on the boxes, file folders, bindings, or other containers are to be left intact. 10. Bach Request for Production and subparts thereof should be answered separately and identified so that the response clearly corresponds to the request or subpart thereof to which the response is being offered. Ll. Each Request for Production shall be construed as follows: (a) the singular or neuter includes the plural and the plural includes the singular; (b) the masculine, feminine pronoun includes the other genders; (c) the conjunctions “and” and “or” shall be read either or disjunctively or conjunctively to bring within the scope of the request all documents information that might otherwise be construed to be outside its scope; (d) the words “any” and “all” shall include each and every; and (e) the present tense of a verb includes its past tense and vice versa. 12. Mary Kay hereby requests production of all electronic or magnetic data to a containing information responsive to these requests. Such information should be copied made available in computer disc in the same format or program as it currently exists and that format unless otherwise agreed. 13, Each Request for Production shall be construed independently and not by reference to any other Request for Production herein for the purposes of limitation. or 14. Each Request for Production shall be grouped, categorized, indexed, nt is respons ive. otherwise classified according to the document request to which the docume A written response to this request is required. ment 15. You are further instructed that you are under a duty to reasonably supple ons of the TEXAS RULES your responses to these requests in accordance with the provisi Page 5 SUBPOENA OF CIVIL PROCEDURE. DEFINITIONS 1 The terms “You,” or any variant thereof, means PayPal, Inc., its agents, assigns, legal representatives, non-legal representatives, personal representatives, attorneys, employees, and also includes individuals and entities who act, have acted, purport to act, or have purported to act on behalf of PayPal, Inc. 2. The term “Mary Kay” means Mary Kay Inc., and includes its past and present, agents, predecessors, successors, assigns, legal representatives, non-legal representatives, personal representatives, attorneys, and also includes individuals and entities who act, have acted, purport to act, or have purported to act on behalf of Mary Kay. 3 The term “xxxxxxx” means xxxxx xxxxx xxxxxxx (or any of her other known names, including Jaime xxxxxxx, Jaime C. xxxxxxx, or Jaime xxxxx), and includes her past and present, agents, predecessors, successors, assigns, legal representatives, non-legal representatives, personal representatives, attorneys, and also includes individuals and entities who act, have acted, purport to act, or have purportedto act on her behalf, as well as any entity in which xxxxxxx has any interest whatsoever. 4. As used herein, the terms “document” and “documents” are intended to be construed to the broadest extent possible and include documents and tangible things and original and non-identical copies, whether by reason of marginal or other notes or alterations, and includes, without limitation, the following items, whether printed, recorded, stored or reproduced by hand: agreements, contracts, communications, letters, writings, electronic mail (or email) messages, correspondence, memoranda (including internal memoranda or any memoranda or reports of a meeting or conversations), telegrams, telexes, facsimile transmissions, notes, notices, reports, studies, books, publications, records, summaries, or records of telephone conversations or interviews, telephone bills or logs, message slips, appointment books, calendars, tabulations, agendas, diaries, graphs, reports, notebooks, note charts, studies, plans, artist renderings, drawings, sketches, maps, tape recordings, summaries or reports of investigations or negotiations, opinions or reports of consultants, photographs, motion picture films, computer tapes, disks, cards, and any other electronic or magnetic means of data storage, brochures, pamphlets, advertisements, circulars, press releases, drafts or any other writings of any character or description. THE TERM “DOCUMENT” EXPRESSLY INCLUDES ALL DIGITAL FILES, DATABASES, EMAILS, AND OTHER DOCUMENTS MAINTAINED IN DIGITAL FORM. 5 As used herein, the terms “an ” and “or” shall be construed both disjunctively and conjunctively as necessary to make the request inclusive rather than exclusive. , 6 As used herein, the term “communication” means any conversation, statement discussion, correspondence, message, expression, memorandum, note, sign, or other form not of transmitting an idea, thought, word or message, whether written or oral, whether or actually transmitted or conveyed, including but not limited to, notes, tapes, electronic media, email, etc. A request for “communication” is included within request for a “document.” Page 6 SUBPOENA 7. The term “including,” or one of its inflections, means and refers to “including, but not limited to.” 8. As used herein, “meeting” means any assembly, convocation, encounter, or the contemporaneous presence of two or more persons for any purpose, whether or not planned, arranged, or scheduled in advance. 9. As used herein, “person” and “persons” include human beings, corporations, partnerships, associations, joint ventures, government agencies (federal, state, and local), and any other organization cognizable at law. 10. As used herein, the words “relating to” or “relate to” mean, without limitation, documents analyzing, evidencing, summarizing, discussing, reflecting, showing, referring to, containing, supporting, previously attached or appended to, used in the preparation of any document described in or by any request, or in any other way relating to the documents or class of documents, events, acts or occurrences described in this request. 11. The term “all” includes and encompasses “any.” The term “any” includes and encompasses “all.” 12. The word “identify,” when used herein as a reference to a document, means to state (1) its date, (2) its author, (3) the type of document, e.g., letter, memorandum, receipt, invoice, schedule, report, telegram, chart, photograph, sound production, etc., and (4) its present location and the name of its present custodian. 13. “Identify” and “identity,” when used with respect to a natural person, means to a the person’s full name; b. the person’s present or last known home and business addresses; c. the person’s occupation or business; and d the person’s present or last known employer and position. 14, If any of the above information is not available, state any other available means of identifying such person. 15. “Identify” and “identity,” when used with respect to an entity other than a natural person, means to state: a he full name of the organization or entity; b. the place and date of incorporation of the organization or entity; ¢, the principal place of business of the organization or entity; and 4. the identity of persons representing or employed by the organization or entity having knowledge of the matters related to this Lawsuit. 16 “Jdentify” and “identity,” when used with respect to a document, means to state: its date; Page7 SUBPOENA its author(s) and signatory(ies); its addressee(s); its title or heading; the type of document; its custodian; its present or last known location; and a description of its subject matter and contents. 17, If any such document was, but is no longer in your possession or subject to your control, or in existence, in addition to the above, state whether it is (1) missing or lost, (2) destroyed, or (3) transmitted or transferred, voluntarily or involuntarily, to others, and in each instance, explain the circumstances surrounding any authorization for disposition and state the date of the approximate date thereof. If any of the above information is not available, state any other available means of identifying such document. 18, Any reference to an individual person, either singularly or as part of a defined group, that includes that person’s past and present agents, legal representatives, non-legal representatives, personal representatives, attorneys, employees, heirs, successors, and assigns, and also includes individuals and entities who act, have acted, purport to act, or have purported to act on behalf of such individual person. 19. Any reference to a non-natural person includes that person’s past and present directors, officers, agents, predecessors, successors, assigns, legal representatives, non-legal representatives, personal representatives, attorneys, general partners, limited partners, employees, subsidiaries and parent companies, sister companies, affiliated entities, and also includes individuals and entities who act, have acted, purport to act, or have purported to act on behalf of such non-natural person. 20. The singular includes the plural and vice versa. 21, The masculine gender includes the feminine and vice versa. 22. All other terms are to be interpreted in accordance with their normal usage in the English language. 23. — These discovery requests are limited to information not protected by the work product privilege. Page 8 SUBPOENA D N' PROD I 1 From January 1, 2013 to the present, documents and communications sufficient to show all payments made to any PayPal accounts maintained by (or registered to) xxxxxxx and/or any affiliated entities, whatever the source of payment. For purposes of this Request, “xxxxxxx” includes: (i) JCV Global, Inc.; (ii) xxxxx C. xxxxxxx; (iii) xxxxx xxxxx xxxxxxx; (iv) xxxxx xxxxxxx; (v) xxxxx xxxxx; (vi) Imagine Customs, Inc.; and (vii) Warrior Magnificent International, LLC. 2. To the extent not responsive to Request No. | above, from January 1, 2013 to the present, all Banking Information relating to any PayPal accounts maintained by (or registered to) xxxxxxx and/or any affiliated entities, whatever the source of payment. For purposes of this Request, “xxxxxxx” includes: (i) JCV Global, Inc.; (ii) xxxxx C. xxxxxxx; (iii) xxxxx xxxxx xxxxxxx; (iv) xxxxx xxxxxxx; (v) xxxxx xxxxx; (vi) Imagine Customs, Inc.; and (vii) Warrior Magnificent International, LLC. For purposes of this Request, “Banking Information” means the name of the banking institution associated with the account, addresses and phone numbers relating to the banking institution, as well as the associated bank account information. 3. To the extent not responsive to Request No. 1 above, from January 1, 2013 to the present, all documents containing Transaction records for any PayPal accounts maintained by (or registered to) xxxxxxx and any affiliated entities, whatever the source of payment. For purposes of this Request, “xxxxxxx” includes: (i) JCV Global, Inc.; (ii) xxxxx C. xxxxxxx; (iii) xxxxx xxxxx xxxxxxx; (iv) xxxxx xxxxxxx; (v) xxxxx xxxxx; (vi) Imagine Customs, Inc.; and (vii) Warrior Magnificent International, LLC. For purposes of this Request, “Transaction Records” means all documents containing records or information involving any transfer of funds into or from any such account maintained by (or registered to) xxxxxxx and/or any affiliated entities, including the specific dollar amount of any and all such transfers and corresponding dates of such transfer; the source of the funds that were paid into or out of any such account; and the names of the other parties who transferred money into or were recipients of money from any such account, Page 9 SUBPOENA SCHEDULE B CAUSE NO. DC-18-05560 MARY KAY INC., IN THE DISTRICT COURT OF Plaintiff, v. DALLAS COUNTY, TEXAS xxxxx xxxxx xxxxxxx, Defendant. § 116th JUDICIAL DISTRICT AFFIDAVIT OF CUSTODIAN OF BUSINESS RECORDS STATE OF COUNTY OF ], being duly sworn, state as follows: 1 I am over the age of 18, and I am competent to testify to the matters contained herein. 2. T am the custodian of records for PayPal, Inc. (“PayPal”) and have personal knowledge of its record keeping practices. 3 Attached hereto, collectively as Exhibit A, are pages of records from PayPal. 4. These said pages of records are kept by PayPal in the regular course of business. 5 It is the regular practice of PayPal for an employee or representative with knowledge of the act, event, incident, order, transaction, invoice, condition, photo, video SUBPOENA Page 10 CAUSE NO. DC-18-05560 MARY KAY INC., IN THE DISTRICT COURT OF Plaintiff, v. DALLAS COUNTY, TEXAS xxxxx xxxxx xxxxxxx, Defendant. 116th JUDICIAL DISTRICT NOTICE OF INTENTION TO SERVE SUBPOENA TO: Defendant, by and through her attorneys of record. St., Ste. 900, TO: PayPal, Inc., Attn. Registered Agent, CT Corporation System, 1999 Bryan Dallas, TX 75201-3136. PLEASE TAKE NOTICE that, pursuant to Rules 205.1, 205.2, and 205.3 of the Texas for Rules of Civil Procedure, Plaintiff Mary Kay Inc. intends to serve the attached subpoena production of documents in ten days on PayPal, Inc. Dated: July 31, 2018 Respectfully submitted, 4s/ Christopher J. Schwegmann Christopher J. Schwegmann Texas Bar No. 24051315 cjs@lynnllp.com Jared D. Eisenberg Texas Bar No. 24092382 jeisenberg@lynnllp.com LYNN PINKER Cox & Hurst, LLP 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 Telephone: (214) 981-3800 Facsimile: (214) 981-3839 ATTORNEY FOR PLAINTIFF MARY KAY INC. Page 1 NOTICE OF INTENTION TO SERVE SUBPOENA CERTIFICATE OF SERVICE I hereby certify that the foregoing document was served upon all counsel of record via electronic mail on July 31, 2018. 4s/ Jared D. Eisenberg. Jared D. Eisenberg NOTICE OF INTENTION TO SERVE SUBPOENA Page2