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FILED
DALLAS COUNTY
8/29/2018 12:15 PM
FELICIA PITRE
DISTRICT CLERK
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
PLAINTIFF’S APPLICATION FOR COMMISSION
TO SERVE JOHN MONHOLLON, M.D.
Plaintiff Mary Kay Inc. (“Plaintiff”) files its Application for Commission to Serve Subpoena
on John Monhollon, M.D., a Florida resident, as follows:
I. GROUNDS FOR THE APPLICATION
Pursuant to Rules 176 and 205 of the Texas Rules of Civil Procedure, Plaintiff seeks a
subpoena to take the deposition of John Monhollon, M.D. (“Dr. Monhollon”), for use in the State of
Texas in this proceeding. To properly pursue this action, Plaintiff needs to depose Dr. Monhollon,
which is important to the issues raised and claims asserted in this case.'
Dr. Monhollon can be served in person at Florida Integrative Medical Center (“FIMC”)
located at 2415 University Pkwy, Sarasota, Florida 34243, or through his authorized representative,
Bruce Rosenberg, 2385 NW Executive Center Drive, Suite 100, Boca Raton, Florida 33431, which is
outside the jurisdiction of the Texas courts. Accordingly, the Subpoena is attached as Exhibit A; the
proposed Order granting the Application for Commission is attached as Exhibit B; and the proposed
Commission to be signed by the court clerk is attached as Exhibit C.
‘On July 24, 2018, Plaintiff provided notice to Defendant of its intention to subpoena Dr. Monhollon.
PLAINTIFF’S APPLICATION FOR COMMISSION TO SERVE
SUBPOENA ON JOHN MONHOLLON M.D. PAGE1
Page 1 of 8
The Subpoena shall require Dr. Monhollon to appear and give testimony at a deposition as
requested in Schedule A thereto on September 29, 2018, or as otherwise agreed by the parties, at the
offices of Banker Lopez Gassler, P.A., 4315 Metro Pkwy #550, Fort Myers, Florida 33916.
Plaintiff applies for the Commission to authorize and require the officer(s) to whom the
Commission is addressed to immediately issue and cause to be served on Dr. Monhollon, a subpoena
directing Dr. Monhollon to appear and give deposition testimony at the time and place specified in
the attached Subpoena (Ex. A.).
II. REQUEST FOR RELIEF
WHEREFORE, Plaintiff requests this Court to enter an Order for Issuance of a Commission
by the Dallas County District Clerk directed to any Notary Public, or any person(s) authorized in the
State of Florida, to have a Subpoena issued which conforms to the attached Subpoena on Dr.
Monhollon, and to compel Dr. Monhollon to appeat and give deposition testimony, and for such
other and further relief as Plaintiff may show itself justly entitled.
PLAINTIFF’S APPLICATION FOR COMMISSION TO SERVE
SUBPOENA ON JOHN MONHOLLON M.D. PAGE 2
Page 2 of 8
Dated: August 29, 2018 Respectfully submitted,
s/ Christopher J. Schwegmann
ChristopherJ. Schwegmann
Texas Bar No. 25051315
cschwegmann@lynnllp.com
Jared D. Eisenberg
State 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
Jill Herz
State Bar No. 00785930
jherz@jillherz.com
ATTORNEY AT LAW
430 Founders Square
900 Jackson Street
Dallas, Texas 75202
(214) 745-4567 — (Telephone)
(214) 745-1156 — (Facsimile)
ATTORNEYS FOR PLAINTIFF
MARY KAY INC.
CERTIFICATE OF SERVICE
Thereby certify that the foregoing document was served upon all counsel of record via electronic
mail August 29, 2018.
s/ Christopher J. Schwegmann
ChristopherJ. Schwegmann
PLAINTIFF’S APPLICATION FOR COMMISSION TO SERVE
SUBPOENA ON JOHN MONHOLLON M.D. PAGE 3
Page 3 of 8
EXHIBIT A
DISCOVERY SUBPOENA
CAUSE NO. DC-18-05560
MARY Kay, INC., IN THE DISTRICT COURT OF
Plaintiff
DALLAS COUNTY, TEXAS
xxxxx xxxxx xxxxxxx,
Defendant. 116TH JUDICIAL DISTRICT
THE STATE OF TEXAS
TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON
AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN RULES 176
AND 205 OF THE TEXAS RULES OF CIVIL PROCEDURE, GREETINGS:
YOU ARE HEREBY COMMANDED TO SUMMON:
John Monhollon, M.D.
Attn: Bruce Rosenberg
Rosenberg Law, P.A.
2385 NW Executive Center Drive, Suite 100
Boca Raton, Florida, 33431
to attend and give testimony at a deposition at the offices of Banker Lopez Gassler, P.A.,
Attn: Jesse Gubernat, 4315 Metro Parkway, Suite 550, Fort Myers, Florida 33916, or as otherwise
agreed on September 29, 2018, or at such other time and place as mutually agreed.
Page 4 of 8
EXHIBIT A
HEREIN FAIL NOT, but of this writ made due return 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 29th day of August, 2018
Issued by counsel for the Plaintiff:
& /
/'s/ Christopher J. Schwegmann A yf WM the 4 Larlef
Christopher J. Schwegmann
Texas Bar No. 24051315
cjs@lynnllp.com
saa ublic, State of fi exas /
/
Jated D. Eisenberg
"|
Texas Bar No. 24092382 hey APRIL MERIAH SANDEF ‘UR
Notary Public, State of Texa
jeisenberg@lynnllp.com My Commission Expires
s
LYNN PINKER COX & HURST, LLP September 15, 2019
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
Telephone: (214) 981-3800
Facsimile: (214) 981-3839
ATTORNEYS FOR PLAINTIFF MARY KAY INC.
—
SUBPOENA Page 2
Page 5 of 8
EXHIBIT A
OFFICER’S RETURN
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 whit:
Delivered: , 2018
At o'clock .M.
Or not executed as the 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 ruing the same trip.
Summoning Witness: $.
Mileage: $ County, Texas
By:
(Print Name)
(Print Address)
(Telephone Number)
Page 6 of 8
EXHIBIT 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
ORDER
Before the Court is Plaintiff Mary Kay Inc.’s Application for Commission to Serve Subpoena
on John Monhollon, M.D. (the “Motion”). Having considered the Motion and all other matters
properly before the Court, the Court is of the opinion that the Motion should be GRANTED.
Accordingly, the Court hereby ORDERS the District Clerk to issue a Commission directing
any Notary Public, or any person authorized in the state of Florida to have a Subpoena issued which
conforms to the attached Subpoena on John Monhollon, M.D. to appear and give deposition
testimony as requested.
Dated: , 2018
PRESIDING JUDGE
Page 7 of 8
EXHIBIT C
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
COMMISSION TO SERVE SUBPOENA ON JOHN MONHOLLON, M.D.
THE STATE OF TEXAS to the Clerk of Sarasota County District Court, 2002 Ringling Blvd.,
Sarasota FL 34237:
WHEREAS, the above-styled cause is pending in the 116th Judicial District Court in Dallas
County, Texas, and it has been suggested to us that justice cannot be completely done between and
among the said parties without the subpoena of John Monhollon. M.D., who is located within your
jurisdiction.
WE, THEREFORE, request in the interest of justice that you issue a subpoena, as
designated in Plaintiff's Subpoena, attached hereto, with notice to John Monhollon, M.D., 2415
University Parkway Sarasota Florida 34243, to appear and give deposition testimony at Banker Lopez
Gassler, P.A., Attn: Jesse Gubernat, 4315 Metro Parkway, Suite 550, Fort Myers, Florida 33916, by
September 29, 2018, or at such other time and place as mutually agreed.
SIGNED on this day of , 2018.
Clerk, Dallas County District Court
Page 8 of 8
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FILED DALLAS COUNTY 8/29/2018 12:15 PM FELICIA PITRE DISTRICT CLERK 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 PLAINTIFF’S APPLICATION FOR COMMISSION TO SERVE JOHN MONHOLLON, M.D. Plaintiff Mary Kay Inc. (“Plaintiff”) files its Application for Commission to Serve Subpoena on John Monhollon, M.D., a Florida resident, as follows: I. GROUNDS FOR THE APPLICATION Pursuant to Rules 176 and 205 of the Texas Rules of Civil Procedure, Plaintiff seeks a subpoena to take the deposition of John Monhollon, M.D. (“Dr. Monhollon”), for use in the State of Texas in this proceeding. To properly pursue this action, Plaintiff needs to depose Dr. Monhollon, which is important to the issues raised and claims asserted in this case.' Dr. Monhollon can be served in person at Florida Integrative Medical Center (“FIMC”) located at 2415 University Pkwy, Sarasota, Florida 34243, or through his authorized representative, Bruce Rosenberg, 2385 NW Executive Center Drive, Suite 100, Boca Raton, Florida 33431, which is outside the jurisdiction of the Texas courts. Accordingly, the Subpoena is attached as Exhibit A; the proposed Order granting the Application for Commission is attached as Exhibit B; and the proposed Commission to be signed by the court clerk is attached as Exhibit C. ‘On July 24, 2018, Plaintiff provided notice to Defendant of its intention to subpoena Dr. Monhollon. PLAINTIFF’S APPLICATION FOR COMMISSION TO SERVE SUBPOENA ON JOHN MONHOLLON M.D. PAGE1 Page 1 of 8 The Subpoena shall require Dr. Monhollon to appear and give testimony at a deposition as requested in Schedule A thereto on September 29, 2018, or as otherwise agreed by the parties, at the offices of Banker Lopez Gassler, P.A., 4315 Metro Pkwy #550, Fort Myers, Florida 33916. Plaintiff applies for the Commission to authorize and require the officer(s) to whom the Commission is addressed to immediately issue and cause to be served on Dr. Monhollon, a subpoena directing Dr. Monhollon to appear and give deposition testimony at the time and place specified in the attached Subpoena (Ex. A.). II. REQUEST FOR RELIEF WHEREFORE, Plaintiff requests this Court to enter an Order for Issuance of a Commission by the Dallas County District Clerk directed to any Notary Public, or any person(s) authorized in the State of Florida, to have a Subpoena issued which conforms to the attached Subpoena on Dr. Monhollon, and to compel Dr. Monhollon to appeat and give deposition testimony, and for such other and further relief as Plaintiff may show itself justly entitled. PLAINTIFF’S APPLICATION FOR COMMISSION TO SERVE SUBPOENA ON JOHN MONHOLLON M.D. PAGE 2 Page 2 of 8 Dated: August 29, 2018 Respectfully submitted, s/ Christopher J. Schwegmann ChristopherJ. Schwegmann Texas Bar No. 25051315 cschwegmann@lynnllp.com Jared D. Eisenberg State 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 Jill Herz State Bar No. 00785930 jherz@jillherz.com ATTORNEY AT LAW 430 Founders Square 900 Jackson Street Dallas, Texas 75202 (214) 745-4567 — (Telephone) (214) 745-1156 — (Facsimile) ATTORNEYS FOR PLAINTIFF MARY KAY INC. CERTIFICATE OF SERVICE Thereby certify that the foregoing document was served upon all counsel of record via electronic mail August 29, 2018. s/ Christopher J. Schwegmann ChristopherJ. Schwegmann PLAINTIFF’S APPLICATION FOR COMMISSION TO SERVE SUBPOENA ON JOHN MONHOLLON M.D. PAGE 3 Page 3 of 8 EXHIBIT A DISCOVERY SUBPOENA CAUSE NO. DC-18-05560 MARY Kay, INC., IN THE DISTRICT COURT OF Plaintiff DALLAS COUNTY, TEXAS xxxxx xxxxx xxxxxxx, Defendant. 116TH JUDICIAL DISTRICT THE STATE OF TEXAS TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN RULES 176 AND 205 OF THE TEXAS RULES OF CIVIL PROCEDURE, GREETINGS: YOU ARE HEREBY COMMANDED TO SUMMON: John Monhollon, M.D. Attn: Bruce Rosenberg Rosenberg Law, P.A. 2385 NW Executive Center Drive, Suite 100 Boca Raton, Florida, 33431 to attend and give testimony at a deposition at the offices of Banker Lopez Gassler, P.A., Attn: Jesse Gubernat, 4315 Metro Parkway, Suite 550, Fort Myers, Florida 33916, or as otherwise agreed on September 29, 2018, or at such other time and place as mutually agreed. Page 4 of 8 EXHIBIT A HEREIN FAIL NOT, but of this writ made due return 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 29th day of August, 2018 Issued by counsel for the Plaintiff: & / /'s/ Christopher J. Schwegmann A yf WM the 4 Larlef Christopher J. Schwegmann Texas Bar No. 24051315 cjs@lynnllp.com saa ublic, State of fi exas / / Jated D. Eisenberg "| Texas Bar No. 24092382 hey APRIL MERIAH SANDEF ‘UR Notary Public, State of Texa jeisenberg@lynnllp.com My Commission Expires s LYNN PINKER COX & HURST, LLP September 15, 2019 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 Telephone: (214) 981-3800 Facsimile: (214) 981-3839 ATTORNEYS FOR PLAINTIFF MARY KAY INC. — SUBPOENA Page 2 Page 5 of 8 EXHIBIT A OFFICER’S RETURN 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 whit: Delivered: , 2018 At o'clock .M. Or not executed as the 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 ruing the same trip. Summoning Witness: $. Mileage: $ County, Texas By: (Print Name) (Print Address) (Telephone Number) Page 6 of 8 EXHIBIT 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 ORDER Before the Court is Plaintiff Mary Kay Inc.’s Application for Commission to Serve Subpoena on John Monhollon, M.D. (the “Motion”). Having considered the Motion and all other matters properly before the Court, the Court is of the opinion that the Motion should be GRANTED. Accordingly, the Court hereby ORDERS the District Clerk to issue a Commission directing any Notary Public, or any person authorized in the state of Florida to have a Subpoena issued which conforms to the attached Subpoena on John Monhollon, M.D. to appear and give deposition testimony as requested. Dated: , 2018 PRESIDING JUDGE Page 7 of 8 EXHIBIT C 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 COMMISSION TO SERVE SUBPOENA ON JOHN MONHOLLON, M.D. THE STATE OF TEXAS to the Clerk of Sarasota County District Court, 2002 Ringling Blvd., Sarasota FL 34237: WHEREAS, the above-styled cause is pending in the 116th Judicial District Court in Dallas County, Texas, and it has been suggested to us that justice cannot be completely done between and among the said parties without the subpoena of John Monhollon. M.D., who is located within your jurisdiction. WE, THEREFORE, request in the interest of justice that you issue a subpoena, as designated in Plaintiff's Subpoena, attached hereto, with notice to John Monhollon, M.D., 2415 University Parkway Sarasota Florida 34243, to appear and give deposition testimony at Banker Lopez Gassler, P.A., Attn: Jesse Gubernat, 4315 Metro Parkway, Suite 550, Fort Myers, Florida 33916, by September 29, 2018, or at such other time and place as mutually agreed. SIGNED on this day of , 2018. Clerk, Dallas County District Court Page 8 of 8