Motion to Quash in VIRGINIA O. KINSEL, ET AL (RESTYLED PER ORDER 7/16/2020) vs ALICE LINDSEY PEACOCK, ET AL

On September 09, 2008 a Party Notice was filed involving a dispute between and for OTHER CIVIL, TEMP RESTRAINING ORDER/INJUNCTION in the District Court of Tarrant County.

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CAUSE No. 153-232668-08

VIRGINIA 0. KINSEL, as Attorney-in-Fact for § IN THE DISTRICT COURT
J. FRANK KNSEL, §
]. FRANK KNSEL, JR., Individually, §
CAROLE K. EDWARDS, Individually, and §
CATHERINE K. COLLINS, Individually, §
§
Plaintiffs, §
§ OFT ARRANT COUNTY, TEXAS
vs. §
§
JANE 0. LINDSEY, Individually and as §
Co-Trustee of the Lesey B. Kinsel Trust, §
and ROBERT N. OLIVER, §
§
Defendants. § 153rd JUDICIAL DISTRICT '

PLAINTIFFS' FIRST A\tF:NDF.D {I) I\10TION TO QUASH NOTICES OF I~TE:'IITION TO TAKE
ORAL DEPOSITIONS AND (2) MOTI0:\1" FOR A PROTECTIVE 0RnF:R
J
TO THE HONORABLE COURT:

Plaintiffs file this First Amended (I) Motion to Quash Notices oflntention to

Take Oral Depositions and (2) Motion for a Protective Order, and respectfully show the

Court as follows:

I.
Introduction

1. Plaintiffs are VIRGINIA 0. KI:'-.JSEL --as Attorney-in-Fact for J. FRANK

KINSEL~- J. FRANK Kll'\SEL, JR. ~~Individually-- CAROLE K. EDWARDS-- Individually --

and CATHERINE K. COLLINS- Individually {"Plaintiffs"). Defendants are JANE Ll'l'\DSEY,

Individually and as Successor Co-Trustee of the Lesey B. Kinsel Trust, and ROBERTN.

OLIVER, Individually ("Defendants"). -
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2. Discovery in this suit is governed by a Level 3 discovery controfj!~~- co

3. This case has not yet been set for trial. ;~.:.
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PLAI'JTIFF'S FIRST A.\1£:\DJ::D (I) MOTIO:\ TO QJIASH NOTICF:S OF 1:'1/TF.:\TION TO TAKE '
PAGE::n:,F6 "'
0R.\L DEPOSITIO:\S A:\D (2) MOTION FOR A PROrECTI\'E ORDER
II.
Facts

4. On December 12, 2008, Plaintiffs' counsel \Vfote Defendants' counsel and

asked for dates on which Defendant Lindsey and Defendant Oliver would be available to

give their depositions. On or about December 22, 2008, Defendants' counsel wrote

Plaintiffs' counsel and asked for dates on which Plaintiffs would be available to give their

depositions.

5. Defendants' counsel subsequently contacted Plaintiffs' counsel and asked

for dates upon which Plaintiffs would be available to give their depositions. Plaintiffs'

counsel advised Defendants' counsel that it was Plaintiffs' counsel's position that they

\Vere entitled to take Defendants' depositions prior to Defendants' counsel taking

Plaintiffs' depositions, as Plaintiffs' counsel requested deposition dates from Defendants'

counsel before Defendants' counsel requested deposition dates from Plaintiffs' counsel.

6. Plaintiffs' cmmsel has recently received approximately 4,000 pages of

documents produced in discovery by Defendants and non-parties, and before Plaintiffs'

counsel will be in position to take either Defendant's deposition, Plaintiffs' counsel will

need an opportunity to review those documents and prepare and file any motions to

compel that may be necessary. Plaintiffs have requested Defendants to produce a

privilege log for documents withheld under a claim of privilege. The Court will need to

complete an in camera inspection and rule on such documents.

7. On January 23,2009, Defendants' counsel served the deposition notices

attached hereto as Exhibit "A" and incorporated herein by reference for all purposes

("'Deposition Notices"). Defendants noticed Plaintiff J. Frank Kinsel, Jr.'s deposition for

Tuesday, February 10,2009 at 9:00a.m., Plaintiff Virginia 0. Kinsel's deposition for

PLAI'\TIFF'S fiR'iT A.\IE.'IiDED (I) MOTIO'\ TO Ql"."-SH NOTICE."> OF 1.'\TENTIO:\ TO TAKE PAGE 2 Of 6
0R\L DEPOSITIO\"S A\"D (2) MOTIO~ FOR A PROTECTIYF: 0Rill:R
Tuesday, February 10, 2009 at 1:30 p.m., Plaintiff Carole K. Edwards's deposition for

Tuesday, February 24,2009 at 9:00a.m., and Plaintiff Catherine K. Collins's deposition

for Tuesday, February 24,2009 at 1:30 p.m. Defendants also noticed the deposition of

Intervener Joe B. Kinsel, Jr. for February 26, 2009 at 9:00a.m. That deposition notice is

attached hereto as Exhibit "B" and incorporated herein by reference for all purposes.

III.
First Amended Motion to Quash Deposition Notices

8. The Court should quash the Deposition Notices because, pursuant to the

customary practice in Tarrant County, Texas, Plaintiffs are entitled to take Defendants'

depositions before Defendants' counsel is entitled to take Plaintiffs' depositions, as

Plaintiffs requested deposition dates from Defendants' counsel before Defendants'

counsel requested deposition dates from Plaintiffs' counsel. Thus, the Deposition

Notices should be quashed, and Defendants should not be permitted to take Plaintiffs'

depositions lllltil Plaintiffs have obtained all documents to which Plaintiffs are entitled,

including any privileged documents the Court orders to be produced, and until Plaintiffs

have taken Defendants' depositions.

9. Defendant Lindsey served the Deposition Notices on January 23, 2009.

Because Plaintiffs have filed their original motion to quash \Vithin three (3) business days

after service of the notices, pursuant to Rule 199.4 of the Texas Rules of Civil Procedure,

that motion to quash stays the depositions until the motion can be heard by the Court.

PUI.~TIFF'S FIRST A \IE_'\Dm (I) MOTIO'\ TO Ql'ASH NOTICES OF l'iTE.'\TIO:"' TO TAKE PAGF.J OF6
OR.\L 0F:POSITU>:\S A:'I.D (2) MOTION FOR A PROTECTIVE ORDER
IV.
First Amended Motion for a Protective Order

10. Plaintiffs incorporate into each paragraph below the facts and arguments

set forth in Sections II and III above.

11. A trial court has the discretion to protect a party with a protective order.

TEX. R. CIV. P. 192.6.

12. Plaintiffs ask the Court for a protective order to postpone Plaintiffs'

depositions until Plaintiffs have obtained all documents to which Plaintiffs are entitled,

including any privileged documents the Court orders to be produced and until Plaintiffs

have taken Defendants' depositions, as requested above.

13. Alternatively, Plaintiffs ask the Court for a protective order to prevent the

deposition ofPlaintiffCollins from occurring on February 24, 2009, as Plaintiff Collins

had scheduled (prior to receiving the notice scheduling her deposition) three (3) doctors'

appointments in Houston during the v.'eek of february 23rd and needs to remain in

Houston during that week. Plaintiffs further ask the Court for a protective order to

prevent the depositions of Plaintiff Edwards and Plaintiff Virginia 0. Kinsel from

occurring on different dates. Plaintiff Edwards is the daughter of Plaintiff Virginia 0.

Kinsel, and both live in Corpus Christi, Texas. Thus, each will be required to travel to

Fort Worth from Corpus Christi to attend their depositions. Plaintiff Edwards will be

required to assist Plaintiff Virginia 0. Kinsel in traveling to Fort Worth for Plaintiff

Virginia 0. Kinsel's deposition. Thus, it would be unreasonable to require Plaintiff

Edwards to make a trip to Fort Worth for her deposition and to make another trip to Fort

Worth with Plaintiff Virginia 0. Kinsel for Virginia 0. Kinsel's deposition.

PL\1:\TIFF'S fiR'iT A.'\! ENDED (I) MOTION TO Qt.'ASH NOTICE..~ 01: I~TENTIO~ TO TAKE PAGE40F6
ORAL Df.POSITIO:"'IS AND (2) MOT!O:"II FOR A PROHCTIVE ORDER
14. Additionally, Plaintiffs ask the Court for a protective order to prevent the

deposition on Intervener Joe B. Kinsel, Jr. from occurring on February 26, 2009, as the

Plaintiffs who will attend that deposition are not available on February 26, 2009.

Plaintiffs request the Court to order Intervener's deposition to occur on a date that is

convenient for all parties. Additionally, Plaintiffs have requested that Defendants'

depositions be taken before Plaintiffs' depositions, and Plaintiffs request that Intervener

Joe Bob Kinsel, Jr.'s deposition be taken after Defendants' depositions.

Praver

For these reasons, Plaintiffs respectfully request the Court to quash the Deposition

Notices. Plaintiffs also respectfully request the Court to enter the protective orders

requested above. Plaintiffs request the Court to set this amended motion for hearing.

Plaintiffs pray for all further relief, at law or in equity, to which they may show

themselves justly entitled.

Respectfully submitted,

By:

. Dan Berryman
Texas State Bar No. 00703338
Kelly B. Gibbons
Texas State Bar No. 24055548
KIRKLEY & BERRYMAN, L.L.P.
100 N. Forest Park Blvd., Suite 220
Fort Worth, Texas 76102
Tel. 817.335.3311
Fax: 817.335.7733

ATTORNEYS FOR PLAINTIFFS

PLAI:-.TIFF'S FIRST AMENDED (1) MOTION TO QUASH NOTICES OF 1:\'TENTIO:\'TO TAKE PAGE 5 OF 6
ORAL DEPOSITIO:\'S AND (2) MOTIO:\' FOR A PROTECTIVE ORDER

·... .
Certificate of Conference

A conference was held on with Colin L. Murchison, counsel for Defendants, on
the merits of this amended motion. Plaintiffs' counsel understood Defendants' counsel to
say that he does not oppose taking Mr. Joe Bob Kinsel, Jr.'s deposition after February 26,
2009, as long as the deposition would occur relatively soon after that date. As to the
remainder of Plaintiffs' motion, a reasonable effort has been made to resolve the dispute
without the necessity of court intervention, and the effort failed. Therefore, this motion is
presented to the Court for determination.

It is Plaintiffs' counsel's understanding that Mr. Scott C. Kinsel, counsel for
Intervener Joe Bob Kinsel, Jr., does not oppose Plaintiffs' amended motion, including
Plaintiff's request that Intervener Joe Bob Kinsel, Jr.'s deposition be rescheduled.

Plaintiffs' First Amended (1) Motion to Quash Notices oflntention to Take Oral
Depositions and (2) Motion for a Protective Order is set for hearing on the 24'h day of
February, 2009 at 9:00a.m. in the 153rd District Court of Tarrant Cou y, Texas.

Certificate of Senrice

I hereby certify that on this \ ~ay of February, 2009, a true and correct copy of
the above and foregoing document has been served on all counsel of record, as indicated
below:

(I) Via Hand·Delivery (2) Via Facsimile 512.628.3285
Mr. M. Keith Branyon Mr. Scott C. Kinsel
Mr. Colin L. Murchison MOORE LANDREY, L.L.P.
JACKS0:'-1 WALKER, L.L~P. 1609 Shoal Creek Blvd., Suite I 00
301 Commerce Street, Suite 2400 Austin, Texas 78701
Fort Worth, Texas 76102

PLAI~TIFF'S FIRS I' AME:\'DED (I) MOTIO~ TO Ql'ASII NOTICES OF l.'ll'E:\TIO~ TO TAKI:: PAGE60F6
0R\L DEPOSITIO.'IS A:\D (2) MOTION FORA PROTECTIVE 0ROER
CAUSE NO. 153-232668-08

VIRGINIA 0. KINSEL, as Attorney-in- § IN THE DISTRICT COURT OF
Fact for J. Frank Kinsel, §
J. FRANK KINSEL, JR, Individually, §
CAROLE K. EDWARDS, Individually, §
and CATHERINE K. COLLINS, §
Individually §
§
Plaintiffs, §
§
vs. § TARRANT COUNTY, TEXAS
§
JAKE 0. LINDSEY, Individually and as §
Co~Trustee of the Lesey B. Kinsel Trust, §
and ROBERT N. OLIVER §
§
Defendant. § 153RD JUDICIAL DISTRICT

NOTICE OF INTENT TO TAKE ORAL DEPOSITION OF .J. FRANK KINSEL, JR. BY
JANE 0. LINDSEY, INDIVIDUALLY

TO: J. FRANK KJNSEL, JR. by and through his attorneys of record, J. Lyndell Kirkley, B. Dan
Berryman and Kelly B. Gibbons, Kirkley & Berryman, L.L.P., 100 N. Forest Park Blvd.,
Suite 220, Fort Worth, Texas 76102.

PLEASE TAKE NOTICE that on Tuesday, February 10, 2009, Jane 0. Lindsey,

Individually. will take the oral deposition of J. Frank Kinsel, Jr. commencing at 9:00 a.m. and

continuing from day-to-daythereafter until completed, at the offices of Jackson Walker L.L.P .• 301

Commerce Street, Suite 2400, Fort Worth, Texas 76102. Said deposition maybe used at the trial of

the above-styled and numbered cause and will be taken before a certified court reporter authorized

by law to administer oaths. The deposition may also be videotaped.

J. FRANK KJNSEL, JR. is therefore requested, pursuant to Rule 199 ofthe Texas Rules of

Civil Procedure to appear.

EXHIBIT

A
NOTICE OF I"'TE~TTO TAKE ORAL DEPOSITION OF J, FRANK KINSEl, JR.
BY JA.l\!E 0. LINDSEY. INlHVIDUALL \' PAGE 1
S417110v.\133741/0000I
Respectfully submitted,

J ACKSO:>; WALKER L.L.P.
301 Conunerce, Suite 2400
Fort Wortb, TX 76102
817.334.7235
817.870.5135- Fax

By:~ ~~~~~---------
M. Keith Branyon
State Bar No. 02902050
William R. Jenkins, Jr.
State Bar No. 00784334
Colin L. Murchison
State Bar No. 24049780
ATTORNEYS FOR JANE 0. LINDSEY,
INDIVIDUALLY

CERTIFlCATE OF CONFERENCE

I hereby certify that a letter requesting various deposition dates was sent to Kelly Gibbons, an
attorney of record for J. Frank Kinsel, Jr., on December 22, 2008 and conferences were held on
January 19, 2009 and on January20, 2009 with Kelly Gibbons requesting various dates to depose J.
Frank Kinsel, Jr. No agreement was reached.

COLIN L. MURCHISON

NOTICE OF lNTE;..'T TO TAKE ORAL DEPOSITION OF J. FRA,"'K KINSEL, JR.
BY JANE 0. LINDSEY. INDTVIDL'ALLY PAGEl
5417110v.ll3374!/0000!
CERTIFICATE OF SERVICE

I hereby certify a true and exact copy of the foregoing Notice of Intent to Take Oral
Deposition ofJ. Frank Kinsel, Jr. by Jane 0. Lindsey, Individually, has been fmwarded to counsel of
record via certified mail, return receipt requested this 23rd day of January, 2009:

Via Certified Mail,
Return Receipt Requested
No. 7160 3901 9845 2779 0884
Mr. J. Lyndell Kirkley
KiRKLEY & BERRYMA:-f, L.L.P.
100 N. Forest Park Blvd., Suite 220
Fort Worth, Texas 76102

Via Certified Mail,
Return Receipt Requested
No. 7160 3901 9845 2779 0891
Mr. Scott C. Kinsel
MOORE LANDREY, L.L.P.
1609 Shoal Creek Blvd., Suite 100
Austin, TX 78701

Colin L. Murchison

NOTTCE OF TNTENTTOTAKE ORAL DEPOSITION OF J. FRANK KINSEL, JR.
BY JANE 0. LINDSEY. INDlV!DUALLY l'AGE 3
54171 !Ov.l13374!/00001
CAUSE NO. 153-232668-08

VIRGINIA 0. KINSEL, as Attorney-in- § 1:-\ THE DISTRICT COURT OF
Fact for J. Frank Kinsel, §
J. FRANK KINSEL, JR., Individually, §
CAROLE K. EDWARDS, Individually, §
and CATHERINE K. COLLINS, §
Individually §
§
Plaintiffs, §
§
vs. § TARRANT COUNTY, TEXAS
§
JA.'\E 0. LINDSEY, Individually and as §
Co-Trustee of the Lesey B. Kinsel Trust, §
and ROBERT N. OLIVER §
§
Defendant. § 153RD JUDICIAL DISTRICT

NOTICE OF INTENT TO TAKE ORAL DEPOSITION OF VIRGINIA 0. KINSEL, AS
ATTORNEY-IN-FACT FOR J. FRANK KINSEL, BY JANE 0. LINDSEY,
INDIVIDUALLY

TO: VIRGINIA 0. KINSEL as Attorney-in-Fact for J. FRANK KINSEL, by and through her
attorneys of record, J. Lyndell Kirkley, B. Dan Berryn1a11 and Kelly B. Gibbons, Kirkley &
Berryman, L.L.P., 100 N. Forest Park Blvd., Suite 220, Fort Worth, Texas 76102.

PLEASE TAKE NOTICE that on Tuesday, February 10, 2009, Jane 0. Lindsey,

Individually, will take the oral deposition ofVirginia 0. Kinsel, Attorney-in-Fact for J. Frank Kinsel,

commencing at 1:30 p.m. and continuing from day-to-day thereafter until completed, at the offices

of Jackson Walker L.L.P., 301 Commerce Street, Suite 2400, Fort Worth, Texas 76102. Said

deposition may be used at the trial of the above-styled and numbered cause and will be taken before

a certified court reporter authorized by law to administer oaths. The deposition may also be

videotaped.

VIRGINIA 0. KINSEL, Attomey-in Fact for J. FRAI\'K KlNSEL, is therefore requested,

pursuant to Rule 199 of the Texas Rules of Civil Procedure to appear.

NOTICF. OF l'lTENT TOT AKE ORAL DErOSlTI0:-1 OF VIRCINTA O. KI!''ISEL
ATTORi\EY-IN.Jo'ACT FORJ. FRA!'\K KI'lSI<:L, BY JANE 0. LINDSEY.INDIVIDt:ALL Y PACE I
5417083v.l 133741/00001
Respectfully submitted,

JACKSO" WALKER L.L.P.
301 Commerce, Suite 2400
Fort Worth, TX 76102
817.334.7235
817.870.5135- Fax

By:~
M. Keith Branyon
State Bar No. 02902050
William R. Jenkins, Jr.
State Bar No. 00784334
Colin L. Murchison
State Bar No. 24049780
ATTORNEYS FOR JANE 0. LINDSEY,
I~DIVIDUALLY

CERTIFICATE OF CONFERE:'iCE

I hereby certify that a letter requesting various deposition dates was sent to Kelly Gibbons, an
attomey of record for Virginia 0. Kinsel, Attorney-in-Fact for J. Frank Kinsel, on December 22,
2008 and conferences were held on January 19,2009 and on January 20, 2009 with Kelly Gibbons
requesting various dates to depose Virginia 0. Kinsel, Attorney-in-Fact for J. Frank Kinsel. No
agreement was reached.

COLIN L. MURC!liSON

NOTICE OF INTENT TO TAKE ORAL DFPOSITION OFVIRGli''IA 0. KlNSEL,
ATTORNEY-IN-FACT FOR J. FRANK KINSEL. BY JA~F. 0. I L~DSEY.l~DJVJI)UALLY PAGE 2
54l7083v.l 133741/00001
CERTIFICATE OF SERVICE

I hereby certify a true and exact copy of the foregoing Notice of Intent to Take Oral
Deposition of Virginia 0. Kinsel, Attorney-in-Fact for J. Frank Kinsel, by Jane 0. Lindsey,
Individually, has been forwarded to counsel of record via certified mail, return receipt requested this
23"' day of January, 2009:

Via Certified I\'fail,
Return Receipt Requested
No. 7160 3901 9845 2779 0884
Mr. J. Lyndell Kirkley
Kirkley & Berryman, L.L.P.
100 N. Forest Park Blvd., Suite 220
Fort Worth, Texas 76102

Via Certified Mail,
Return Receipt Requested
No. 7160 3901 9845 2779 0891
Mr. Scott C. Kinsel
Moore Landrey, L.LP.
1609 Shoal Creek Blvd., Suite 100
Austin, TX 78701

Colin L. Murchison

PAGE3
541
CAUSE NO. 153-232668·08

VIRGINIA 0. KINSEL, as Attorney-in- § L'l THE DISTRICT COURT OF
Fact for J, Frank Kinsel, §
J. FRANK KINSEL, JR., Individually, §
CAROLE K. EDWARDS, Individually, §
and CATHERINE K. COLLINS, §
Individually §
§
Plaintiffs, §
§
vs. § TARRANT COUNTY, TEXAS
§
JA.'IE 0. LINDSEY, Individually and as §
Co-Trustee of the Lesey B. Kinsel Trust, §
and ROBERT N. OLIVER §
§
Defendant. § 153RD JUDICIAL DISTRICT

NOTICE OF INTENT TOT Aiffi ORAL DEPOSITION OF CAROLE K. EDWARDS BY
JANE 0. LINDSEY, INDIVIDUALLY

TO: CAROLE K. EDWARDS by and through her attorneys of record, J. Lyndell Kirkley, B.
Dan Berryman and Kelly B. Gibbons, Kirkley & Berryman, L.L.P., 100 N. Forest Park
Blvd., Suite 220, Fort Worth, Texas 76102.

PLEASE TAKE NOTICE that on Tuesday, February 24, 2009, Jane 0. Lindsey,

Individuaily, will take the oral deposition of Carole K. Edwards commencing at 9:00 a.m. and

continuing from day~to-day thereafter until completed, at the offices of Jackson Walker L.L.P., 301

Commerce Street, Suite 2400, Fort Worth, Texas 76102. Said deposition may be used at the trial of

the above-styled and numbered cause and will be taken before a certified court reporter authorized

by law to adm[nister oaths. The deposition may also be videotaped.

CAROLE K. EDWARDS is therefore requested, pursuant to Rule 199 of the Texas Rules of

Civil Procedwe to appear.

NOTICE OF INTE~TTO TAKE ORAL DEPOSITION OF CAROLE K. EDWARDS
BY JANE 0. LINDSEY, I'IDIVJDUALI.Y PAGEl
5417l58v.l 13374!f00001

••
Respectfully submitted,

JACKSONWALKERL.L.P.
301 Commerce, Suite 2400
Fort Worth, TX 76102
817.334.7235
817.870.5135. Fax

~~~
By:~
~~.~K~e~iili~B~r~an~y~o~n~--=----------
State Bar No. 02902050
William R. Jenkins, Jr.
State Bar No. 00784334
Colin L. ~urchison
State Bar No. 24049780
ATTOR:"'lEYS FOR JANE 0. LINDSEY,
INDIVIDUALLY

CERTIFICATE OF CONFERENCE

I hereby certify that a letter requesting various deposition dates was sent to Kelly Gibbons, an
attorney of record for Carole K. Edwards, on December 22, 2008 and conferences were held on
January 19, 2009 and on January 20, 2009 with Kelly Gibbons requesting various dates to depose
Carole K. Edwards. No agreement was reached.

COLIN L. MURCHISON

NOTICE OF INTFIIJTTOTAKE ORAL DF.POS!TION OF CAROLE I(, EOWAROS
BY JANE 0. LINDSEY. INO!VIVUALL Y PAGEl
5417l58v.l 133741/00001
----;---•, .
CERTIF1CATF: OF SERVICE

I hereby certify a true and exact copy of the foregoing Notice of Intent to Take Oral
Deposition of Carole K. Edwards by Jane 0. Lindsey, Individually, has been forwarded to counsel of
record via certified mail, return receipt requested this 23rd day of January, 2009:

Via Certified MaU,
Return Receipt Requested
No. 7160 39019845 2779 0884
Mr. J. Lyndell Kirkley
Kirkley & Berryman, L.L.P.
l 00 N. Forest Park Blvd., Suite 220
Fort Worth, Texas 76102

Via Certified l\1ail,
Return Receipt Requested
No. 7160 3901 9845 2779 0891
Mr. Scott C. Kinsel
Moore Landrey, L.L.P.
1609 Shoal Creek Blvd., Suite 100
Austin, TX 78701

Colin L. Murchison

NOTICE OF INTE"iTTOTAKE ORAL DEPOSITIOS OF CAROLE K. EDWARDS
HY JANE 0. LINDSEY. INDtVIDUALLY PAGEJ
5417158v.l 133741100001
CAUSE NO.ISJ-232668-08

VIRGINIA 0. KINSEL, as Attorney-in- § I:'-1 THE DISTRICT COURT OF
Fact for J. Frank Kinsel, §
J. FRANK KINSEL, JR., Individually, §
CAROLE K EDWARDS, Individually, §
and CATHERI:'\E K COLLINS, §
Individually §
§
Plaintiffs, §
§
vs. § TARRANT COUNTY, TEXAS
§
JA."IE 0. LINDSEY, Individually and as §
Co-Trustee of the Lesey B. Kinsel Trust, §
and ROBERT N. OLIVER §
§
Defendant. § !53RD JUDICIAL DISTRICT

NOTICE OF I:'ITENT TO TAKE ORAL DEPOSITION OF CATHERINE K. COLUNS
BY JANE 0. LINDSEY, I!'IDIVIDUALLY

TO: CATilERINE K. COLLINS by and through her attorneys of record, J. Lyndell Kirkley, D.
Dan Berryman and Kelly B. Gibbons, Kirkley & Berryman, L.L.P., 100 N. Forest Park
Blvd., Suite 220, Fort Worth, Texas 76102.

PLEASE TAKE NOTICE that on Tuesday, February 24, 2009, Jane 0. Lindsey,

Individually, will take the oral deposition of Catherine K. Collins commencing at 1:30 p.m. and

continuing from day-to-day thereafter until completed, at the offices of Jackson Walker L.L.P., 301

Commerce Street, Suite 2400, Fort \Vorth, Texas 76102. Said deposition may be used at the trial of

the above-styled and numbered cause and will be taken before a certified court reporter authorized

by law to administer oaths. The deposition may also be videotaped.

CATHERINE K. COLLINS is therefore requested, pursuant to Rule 199 of the Texas Rules

of Civil Procedure to appear.

NOTICE OF INTENT TO TAKE ORAL DEPOSITION OF CATHERINE K. COLLT~S
BY JANE 0, Llr'OOSEY, DIDlVIDUALLY PAGE I
5417l9!Jv.l l3374JI0000l
Respectfully submitted,

JACKSONWALKERL.L.P.
301 Commerce, Suite 2400
Fort Worth, TX 76102
817.334.7235
817.870.5135 -Fax

By:~ M. Keith Branyon
State Bar No. 02902050
William R. Jenkins, Jr.
State Bar No. 00784334
Colin L. Murchison
State Bar No. 24049780
ATTORJ"IEYS FOR J A~'E 0, LINDSEY,
INDIVIDUALLY

CERTIFICATE OF CONFERENCE

I hereby certify that a letter requesting various deposition dates was sent to Kelly Gibbons, an
attorney of record for Catherine K. Collins, on December 22, 2008 and conferences were held on
January 19,2009 and on January 20,2009 with Kelly Gibbons requesting various dates to depose
Catherine K. Collins. No agreement was reached.

NOTICE OF I"'TE~TTO TAKE OR<\L DEPOS!TIO~ OF CATHERINE K. COLLINS
RY JA!'OE 0. LTNDSEY.INDIVIUUALLY PAGE2
54l7190v.l 133741/0000L
CERTIFICATE OF SERVICE

I hereby certify a true and exact copy of the foregoing Notice of Intent to Take Oral
Deposition o[CatherineK Collins by Jane 0. Lindsey, Individually, has been forwarded to counsel
of record via certified mail, return receipt requested this 23rd day of January, 2009:

Via Certified Mail,
Return Receipt Requested
No. 7160 3901 9845 2779 0884
Mr. J. Lyndell Kirkley
Kirkley & Berryman, L.L.P.
100 N. Forest Park Blvd., Suite 220
Fort Worth, Texas 76102

Via Certified Mail,
Return Receipt Requested
No. 7160 3901 9845 2779 0891
Mr. Scott C. Kinsel
Moore Landrey, L.L.P.
1609 Shoal Creek Blvd., Suite 100
Austin, TX 78701

Colin L. Murchison

.!''OTIC!!: OF JNTE:'IT TO TAKE ORAl. DEPOS!TIO'I OF CATHERINE K. COLLINS
BY JANE O. LII'/ THE DISTRICT COURT OF
Fact for J. Frank Kinsel, §
J. FRANK KINSEL, JR., Individually, §
CAROLE K. EDWARDS, Individually, §
and CATHERil'iE K. COLLINS, §
Individually §
§
Plaintiffs, §
§
vs. § TARRANT COUNTY, TEXAS
§
JANE 0. LINDSEY, Individually and as §
Co-Trustee of the Lesey B. Kinsel Trust, §
and ROBERT N. OLIVER §
§
Defendant. § 153RD JUDICIAL DISTRICf

NOTICE OF INTENT TO TAKE ORAL DEPOSITION OF JOE B. KINSEL, JR. BY
JANE 0. LINDSEY, INDIVIDUALLY

TO: JOE B. KINSEL,JR., by and through his attomeyofrecord, Scott C. Kinsel, Moore Landry,
L.L.P., 1609 Shoal Creek Blvd., Suite 100, Austin, Texas 78701.

PLEASE TAKE NOTICE that on Thursday, February 26, 2009, Jane 0. Lindsey,

Individually, will take the oral deposition of Joe B. Kinsel, Jr. commencing at 9:00 a.m. and

continuing from day-to-day thereafter until completed, at the offices of Jackson WalkerL.L.P., 301

Conunerce Stree~ Suite 2400, Fort Worth, Texas 76102. Said deposition may be used at the trial of

the above-styled and numbered cause and will be taken before a certified court reporter authorized

by law to administer oaths. The deposition may also be videotaped.

JOE B. KINSEL, JR. is therefore requested, pursuant to Rule 199 ofthe Texas Rules of Civil

Procedure to appear.

EXHIBIT

f B
NOTICE Of INTENT TO TAKE ORAL DEPOSITION OF JOE B. Kl"SEL.IR.
BY JA~E o. UNDSEY. l:'llDiyiDUALLY PAGEl
5417203v.l 133741/00001
Respectfully submitted,

JACKSO:'i WALKER L.L.P.
301 Commerce, Suite 2400
Fort Worth, TX 76102
817.334.7235
817.870.5135- Fax
/} 1 • }...__
By.:~~~~~~~~--~-------
M. Keith Branyon

Case Info

Judge

Len A. Wade Track Judge’s New Case

Case No.

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Document Filed Date

February 18, 2009

Case Filing Date

September 09, 2008

County

Parties

Marshall Searcy Attorney
Frank Greenhaw Attorney
Susanna Johnson Attorney
Bradley Berryman Attorneys for Plaintiffs
Kelly Gibbons Attorneys for Plaintiffs
Lindy Jones Attorneys for Plaintiffs
Scott Kinsel Attorneys for Plaintiffs
Michael Branyon Attorneys for Defendants
Colin Murchison Attorneys for Defendants
Brian Garrett Attorney
William Jenkins Attorneys for Defendants
J. Kirkley Attorneys for Plaintiffs
Ana Forcum Attorneys for Plaintiffs
Phillip Ledbetter Attorney
William Kirkman Attorneys for Defendants
Sean Looney Attorneys for Plaintiffs
Joseph Johnson Attorneys for Plaintiffs
Dwayne Smith Attorney
Karin Cagle Attorneys for Plaintiffs
John Gilpin Attorney
Len Wade Attorneys for Defendants
John Cayce Attorney
William Willis Attorneys for Defendants

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Party Notice: VIRGINIA O. KINSEL, ET AL (RESTYLED PER ORDER 7/16/2020) vs ALICE LINDSEY PEACOCK, ET AL

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Case Info

Parties