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THE STATE OF TEXAS
SUBPOENA IN A CIVIL CASE
CAUSE No. 153-232668-08
VIRGINIA 0. KINSEL, as Attorney-in-Fact for § IN THE DISTRICT COURT
J. FRANK KINSEL, §
J. FRANK KINSEL, 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, § CJ
o-,.
and ROBERT N. OLIVER, § v;_}-. ~ ; ___ )
--1)'> ~D :·J
Defendants. ~ 153rd JUDICIAL DISTR~~~ ~-=IJ
::;,-
,-·\ rr1
SUBPOENA DUCES TECUM FOR DEPOSITION ON WRITTEN QUESTIO~ ~\.: bo
TO ELIZABETH LINDSEY RUDY 5i( ~ -::;-
rrl
TO: Any person authorized to serve and execute subpoenas as provided in Teiils Rule of
Civil Procedure 176.5.
YOU ARE COMMANDED to summon ELIZABETH LINDSEY RUDY, 905
Wayside Way, Richardson, Texas 75080, to appear at the offices of ABC COURT REPORTERS,
2929 Carlisle Street, Suite 150, Dallas, Texas 75204, on May 12, 2009 at 9:30a.m. and give
the testimony set forth in the Notice of Deposition on Written Questions to ELIZABETH LINDSEY
RUDY and remain in attendance at such deposition from day to day until lawfully discharged.
ELIZABETH LINDSEY RUDY IS COMMANDED to produce and permit inspection
and copying of the following documents or tangible things at the time and date set forth above
and at the location set forth above: the documents described in the following section entitled
"Documents to Be Produced Pursuant to Subpoena."
StTBPOEI\A DtTCES TEC!'\1 PAGE I
ELIZABETH LINDSEY RUDY is instructed that the following definitions and instructions
apply to the following Subpoena Duces Tecum:
Definitions
(I) Defendant JANE 0. LINDSEY will be referred to herein as "Lindsey.''
(2) Defendant ROBERTN. OLIVER will be referred to herein as "Oliver."
(3) The law firm of JACKSON WALKER, L.L.P. will be referred to herein as "Jackson
Walker," and such term includes any attorney or employee of Jackson Walker,
L.L.P.
(4) ELIZABETH LINDSEY RUDY will be referred to herein as "you" or "your."
(5) M. KEITH BRANYON will be referred to herein as "Branyon."
(6) LESEY B. KINSEL will be referred to herein as "Lesey."
(7) ROBERT L. LINDSEY (the husband of Defendant JANE 0. LINDSEY) will be referred
to herein as "Bob Lindsey."
(8) LOUISE OLIVER (the wife of Defendant ROBER. TN. OLIVER) will be referred to
herein as "Louise Oliver."
(9) FLOYD F. MCSPADDEN will be referred to herein as "McSpadden."
(10) The law firm ofBENCKENSTEIN, NORVELL, & NATHAN, L.L.P. will be referred to
herein as "Benckenstein."
(II) TERRY WHIDDON will be referred to herein as "Whiddon."
(12) The accounting firm of FUNCHESS, MILLS, WHITE & Co. will be referred to herein
as "Funchess."
( 13) PAUL PRINCE will be referred to herein as "Prince."
(14) RONNIE URBANCZYK will be referred to herein as "'Ronnie Urbanczyk."
(IS) TERRY URBANCZYK will be referred to herein as "Terry Urbanczyk."
StiBPOE~A DlCES TECDI PAGE2
(16) JOEL McDANIEL will be referred to herein as "McDaniel."
(17) STEWART RANCHES.COM, LLP will be referred to herein as "Stewart Ranches."
(18) The Lesey B. Kinsel Trust Agreement will be referred to herein as "Lesey's
Trust."
( 19) The purported amendments to the Lesey B. Kinsel Trust Agreement shall be
referred to as "Lesey' s Trust Amendments."
(20) The Will of Lesey Kinsel, and all Codicils thereto, offered for probate in Cause
No. 08-2469-1-2, pending in the Probate Court Number Two of Tarrant County,
Texas, or any prior or subsequent Will(s) or Codicil(s) of Lesey, whether such
Will(s) or Codicil(s) was/were executed, and including, but not limited to, any
drafts of such Will(s) and/or Codicil(s), will be collectively referred to herein as
"Lesey's Will."
(21) The term "Kinsel Ranch" shall refer to that certain property described as "1686
acres out of the Green Tanksely Survey 468, Abstract 827, 495 acres out of the
William Johnson Survey 228, Abstract 590, and 182.3 acres out of the Morgan
Grace Survey 235, Abstract 312, and being the same land described in a deed
dated June 1, 1943 from R.A. Midgett, et ux to E.A. Kinsel, recorded in Volume
162, Page 50, Deed Records of Atascosa County, Texas."
(22) The term "attorney" refers to a partner, associate, attorney who is "of counsel,"
and any other attorney employed by the applicable the law firm.
(23) The term "Kinsels" collectively refers to J. Frank Kinsel, Jr., Robin Kinsel,
Catherine K. Collins, David Collins, Carole K. Edwards, Foster Edwards,
Virginia 0. Kinsel, J. Frank Kinsel, and Joe B. Kinsel, Jr.
(24) The term "document(s)" means all documents and tangible things as defined in
Rule 192.3(b) of the Texas Rules of Civil Procedure. By way of example, the
tenn "document(s)" shall mean in its broadest sense all written, typed, or printed
matter or other tangible things, whether in final or draft form, and all electronic,
magnetic, or other data, records, information, or documentation of any kind or
description, including, but not limited to: letters, research, correspondence,
telegrams, memoranda, notes, records, minutes, contracts, agreements, wills,
fonns, records, notations of telephone or personal conversations, reports, charts,
telegrams, brochures, e-mail, microfilm, computer printouts, facsimiles, bulletins,
Sl'DPOE:\A Dl'CES TECliM
PAGE3
pamphlets, circulars, calendars, books, newspapers, magazines, newsletters,
publications of any kind, diaries, files, statements, invoices, shipping documents,
medical records, business records, affidavits, declarations, witness statements,
announcements, photographs, drawings, blueprints, maps, plans, survey plats,
specifications, bids, audio recordings, video recordings, and all other forms of
tangible information or things in your possession, custody, or control.
Instructions and Content of Responses to Subpoena
(I) The words and phrases listed in Subpoena Duces Tecum below will have the meanings
set forth in the Definitions section above. Words and phrases not listed in the Definitions
section will have their ordinary meaning.
(2) To the extent information is withheld based on a privilege, request is made that you
provide a privilege log setting forth the information withheld and the privilege asserted.
(3) With regard to the subpoenaed documents, all information responsive to each request that
is in your possession, custody, or control is to be produced. "Possession, custody, or
control" of an item means that you either have physical possession of the item or have a
right to possession of the item that is equal or superior to that of the person or entity who
has physical possession of the item.
(4) If any of this information is solely in electronic or magnetic form, you must produce this
information by providing the Court Reporter with this information on CD-ROM
computer disks formatted for IBM-compatible computers with a notation identifying the
computer program (including version identification) necessary to access the information.
(5) With respect to each item or category of items, you must state objections and assert
privileges as required by the Texas Rules of Civil Procedure and state, as appropriate,
that
(a) the documents will be provided pursuant to the subpoena; or
(b) no items have been identified after a diligent search, that are responsive to
the request set forth in the subpoena.
DOCUMENTS TO BE PRODUCED PURSUANT TO SUBPOENA
Plaintiffs subpoena you to produce all of the following documents or other things that are
within your possession or subject to your control:
St'BPOE~A DI'CES TECTM
PAGE4
(1) All documents that show or set forth communications, including, but not limited
to emails, between you, Kent Smith, Jackson Walker, Branyon, McSpadden,
Benckenstein, Lindsey, Bob Lindsey, one or more sons or daughters of Lindsey,
one or more sons-in-law or daughters in-law of Lindsey, Prince, Oliver, Louise
Oliver, one or more sons or daughters of Oliver, and/or one or more sons-in-
law or daughters-in-law of Oliver, relating to Lesey, Lesey's Will, Lesey's Trust,
or Lesey's Trust Amendments. This request seeks documents created, generated,
or received by you during the period beginning January 1, 2004 and extending
through and including August 21, 2008.
(2) All documents that show or set forth communications, including, but not limited
to emails, between you, Kent Smith, Jackson Walker, Branyon, McSpadden,
Benckenstein, Lindsey, Bob Lindsey, one or more sons or daughters of Lindsey,
one or more sons-in-law or daughters in-law of Lindsey, Prince, Oliver, Louise
Oliver, one or more sons or daughters of Oliver, and/or one or more sons-in-
law or daughters-in-law of Oliver relating to Lesey, Lesey's Will, Lesey's Trust,
or Lesey's Trust Amendments. This request seeks documents created, generated,
or received by you during the period beginning August 22, 2008 and extending
through and including the date ofyour response to this request.
(3) All documents that show or set forth communications to Lesey relating to Lesey,
Lesey's Will, Lesey's Trust, or Lesey's Trust Amendments, including, but not
limited to, emails, between (1) Lesey and Branyon or Jackson Walker and/or (2)
Lesey and McSpadden or Benckenstein. This request seeks documents created,
generated, or received by you during the period beginning January I, 2004 and
extending through and including the date of your response to this request.
(4) All documents that relate to (1) the idea of selling or the sale of the Kinsel Ranch
or (2) the idea of transferring to any person, specifically including, but not limited
to, Lindsey or Oliver, any rights to the minerals underneath the Kinsel Ranch or
the actual transfer of such minerals, and specifically including, but not limited to,
communications, and further specifically including but not limited to, emails,
between
A. You and Lindsey (for documents dated, generated, or received by you
during the period beginning January 1, 2004 and extending through and
including the date of your response to this request);
B. You and Bob Lindsey (for documents dated, generated, or received by you
during the period beginning January I, 2004 and extending through and
including the date of your response to this request);
StroroE:\A DreEs TECni PAGEs
c. You and Oliver (for documents dated, generated, or received by you
during the period beginning January I, 2004 and extending through and
including the date of your response to this request);
D. You and Louise Oliver (for documents dated, generated, or received by
you during the period beginning January I,2004 and extending through
and including the date of your response to this request);
E. You and Lindsey and Oliver (for documents dated, generated, or received
by you during the period beginning January I, 2004 and extending through
and including the date of your response to this request);
F. You and Robert Rudy (for documents dated, generated, or received by you
during the period beginning January I, 2004 and extending through and
including the date of your response to this request);
G. You and one or more children of Lindsey (for documents dated,
generated, or received by you during the period beginning January I, 2004
and extending through and including the date of your response to this
request);
H. You and one or more children of Oliver (for documents dated, generated,
or received by you during the period beginning January I, 2004 and
extending through and including the date of your response to this request);
I. You and one or more of Lindsey's sons-in-law or daughters-in-law (for
documents dated, generated, or received by you during the period
beginning January l, 2004 and extending through and including the date
of your response to this request);
J. You and one or more of Oliver's sons-in-law or daughters-in-law (for
documents dated, generated, or received by you during the period
beginning January l, 2004 and extending through and including the date
of your response to this request);
K. You and Lesey (for documents dated, generated, or received by you during
the period beginning January I, 2004 and extending through and including
August 22, 2008);
L. You and Prince (for documents dated, generated, or received by you
Sl'BPOE~A Dt•CES TECl'M
PAGE6
during the period beginning January I, 2004 extending through and
including the date of your response to this request);
M. You and Ronnie Urbanczyk (for documents dated, generated, or received
by you during the period beginning January I, 2004 and extending through
and including the date of your response to this request);
N. You and Terry Urbanczyk (for documents dated, generated, or received by
you during the period beginning January I, 2004 and extending through
and including the date of your response to this request);
0. You and McDaniel (for documents dated, generated, or received by you
during the period beginning January I, 2004 and extending through and
including the date of your response to this request);
P. You and Stewart Ranches (for documents dated, generated, or received by
you during the period beginning January I, 2004 and extending through
and including the date of your response to this request);
Q. You and one or more of the Kinse/s (for documents dated, generated, or
received by you during the period beginning January I, 2004 and
extending through and including the date of your response to this request);
or
R. You and any combination of persons whose names are set forth in bold
and italics in (A) through (Q) above (for documents dated, generated, or
received by you during the period beginning January I, 2004 and
extending through and including the date of your response to this request).
(5) All billing records, billing statements, time slips, and/or invoices for services
rendered by Kent Smith, Branyon, Jackson Walker, McSpadden, or Benckenstein
to Lesey or Lesey's Trust during the period beginning January I, 2004 and
extending through and including August 21,2008, and further including, but not
limited to, invoices that relate to services rendered to Lesey prior to or on August
21, 2008, which were prepared and/or sent after August 21, 2008.
(6) All billing records, billing statements, time slips, and/or invoices for services
rendered by Kent Smith, Branyon, Jackson Walker, McSpadden, or Benckenstein
to Lesey or Lesey 's Trust during the period beginning August 22, 2008 and
extending through and including the date of your response to this request.
Sl'BPOE:"A Dt:CEs TECl'M PAGE7
(7) All billing records, billing statements, time slips, and/or invoices showing or
relating to services rendered by Kent Smith, Branyon, Jackson Walker,
McSpadden, or Benckenstein to Lindsey and/or Bob Lindsey, during the period
beginning January I, 2004 and extending through and including August 21,2008.
(8) All billing records, billing statements, invoices, and/or other documents showing
or relating to services rendered by Kent Smith, Branyon, Jackson Walker,
McSpadden, or Benckenstein to Oliver and/or Louise Oliver, during the period
beginning January I, 2004 and extending through and including August 21, 2008.
(9) All billing records, billing statements, time slips, and/or invoices showing or
relating to services rendered by Kent Smith, Branyon, Jackson Walker,
McSpadden, or Benckenstein to one or more children of Lindsey, sons-in-law of
Lindsey, or daughters-in-law of Lindsey, during the period beginning January I,
2004 and extending through and including August 21, 2008.
(I 0) All billing records, billing statements, time slips invoices, and/or other documents
showing or relating to services rendered by Kent Smith, Branyon, Jackson
Walker, McSpadden, or Benckenstein to one or more children of Oliver, sons-in-
law of Oliver, or daughters-in-law of Oliver, during the period beginning January
I, 2004 and extending through and including August 21,2008.
(II) All billing records, billing statements, time slips, invoices, and/or other
documents showing or relating to services rendered by Branyon, Jackson Walker,
McSpadden, or Benckenstein to Prince or Donna Prince, during the period
beginning January I, 2004 and extending through and including August 21, 2008.
( 12) All billing records, billing statements, time slips, invoices, and/or other
documents showing or relating to services rendered by Branyon, Jackson Walker,
McSpadden, or Benckenstein to Whiddon, during the period beginning January I,
2004 and extending through and including August 21, 2008.
(13) All billing records, billing statements, time slips, and/or invoices for services
rendered by Kent Smith, Branyon, Jackson Walker, McSpadden, or Benckenstein
to Lindsey, Bob Lindsey, Oliver, Louise Oliver, and/or Whiddon in relation to
the above-captioned lawsuit and/or Cause No. 08-2469-1 or Cause No. 08-2469-
1-2 during the period beginning January I, 2004 and extending through and
including the date of your response to this request.
(\4) All documents showing payments or deposits made by Lesey or Lesey's Trust or
any individual on behalf of Lesey or Lesey's Trust for legal services rendered to
St'BPOEi\..\ Dt CES TECnl
PAGES
Lesey or Lesey's Trust during the period beginning January 1, 2004 and
extending through and including the date of your response to this request, and
specifically including, but not limited to, copies of all canceled checks for such
payments.
(15) A comp Jete copy of each file maintained by you for any work performed by
Jackson Walker for Lesey or in relation to Lesey, Lesey's Will, Lesey's Trust, or
Lesey's Trust Amendments during the period from January 1, 2004 and extending
through and including August 21, 2008, and specifically including, but not limited
to, (1) all documents related to the Fourth or Fifth purported amendments to
Lesey's Trust, (2) a copy ofLesey's purported February 23, 2007 Will, and (3) all
memoranda and correspondence prepared or received by Kent Smith, Branyon,
Jackson Walker, McSpadden, or Benckenstein.
(16) All documents, including, but not limited to emails, showing or referring to
communications between you and/or Jackson Walker and Benckenstein that relate
to Lesey, Lesey's Will, Lesey's Trust, Lesey's Trust Amendments, the idea of
selling (or the sale of) the Kinsel Ranch, or the idea of transferring or conveying
(or the transfer or conveyance) to Lindsey, Oliver, or any other person or entity
the minerals under the Kinsel Ranch. This request seeks documents created,
generated, or received by you during the period from January 1, 2004 and
extending through and including August 21, 2008.
(17) All documents, including, but not limited to emails, showing or referring to
communications between you and/or Jackson Walker and Benckenstein that relate
to Lesey, Lesey's Will, Lesey's Trust, Lesey's Trust Amendments, the idea of
selling (or the sale of) the Kinsel Ranch, or the idea of transferring or conveying
(or the transfer or conveyance) to Lindsey, Oliver, or any other person or entity
the minerals under the Kinsel Ranch. This request seeks documents created,
generated, or received by you during the period from August 22, 2008 and
extending through and including the date ofyour response to this request.
( 18) A copy of each document that sets forth or refers to a communication related to
Lesey, Lesey's Will, Lesey's Trust, and/or Lesey's Trust Amendments, including,
but not limited to, each legal memorandum and any accompanying research,
between one or more attorneys of Jackson Walker, and (I) another attorney of
Jackson Walker and/or (2) an attorney of Benckenstein, and specifically
including, but not limited to, McSpadden. This request seeks documents created,
generated, or received by you during the period from January I, 2004 and
extending through and including August 21, 2008.
Sl'BPOE!\A DliCES TECD!
PAGE9
(19) A copy of each document that sets forth or refers to a communication, including,
but not limited to, emails, related to Lesey, Lesey's Will, Lesey's Trust, Lesey's
Trust Amendments, the sale of (or the idea of selling) the Kinsel Ranch, or the
idea of transferring or conveying (or the transfer or conveyance) to Lindsey,
Oliver, or any other person the minerals under the Kinsel Ranch, between one or
more partners or other attorneys of Jackson Walker and any other person. This
request seeks documents created, generated, or received by you during the period
from January I, 2004 and extending through and including August 21, 2008.
(20) A copy of each document that sets forth or refers to a communication, including,
but not limited to, emails, related to Lesey, Lesey's Will, Lesey's Trust, Lesey's
Trust Amendments, the sale of (or the idea of selling) the Kinsel Ranch, or the
idea of transferring or conveying (or the transfer or conveyance) to Lindsey,
Oliver, or any other person the minerals under the Kinsel Ranch, between one or
more partners or other attorneys of Jackson Walker, and any other person.
This request seeks documents created, generated, or received by you during the
period from August 22, 2008 and extending through and including the date of
your response to this request.
(21) A copy of each document that sets forth or refers to a communication, including,
but not limited to, emails, related to Lesey, Lesey's Will, Lesey's Trust, Lesey's
Trust Amendments, the sale of (or the idea of selling) the Kinsel Ranch, or the
idea of transferring or conveying (or the transfer or conveyance) to Lindsey,
Oliver, or any other person the minerals under the Kinsel Ranch, between one or
more partners or other attorneys of Benckenstein and Lindsey and/or Oliver.
This request seeks documents created, generated, or received by you during the
period from January 1, 2004 and extending through and including August 21,
2008.
(22) A copy of each document that sets forth or refers to a communication, including,
but not limited to, emails, related to Lesey, Lesey's Will, Lesey's Trust, Lesey's
Trust Amendments, the sale of (or the idea of selling) the Kinsel Ranch, or the
idea of transferring or conveying (or the transfer or conveyance) to Lindsey,
Oliver, or any other person the minerals under the Kinsel Ranch, between one or
more partners or other attorneys of Benckenstein and Bob Lindsey, Prince,
and/or one or more of the Kinsels. This request seeks documents created,
generated, or received by you during the period from January I, 2004 and
extending through and including the date of your response to this request.
(23) A copy of any lists or descriptions of assets held by Lesey or Lesey's Trust during
the years 2005, 2006, 2007, and/or 2008.
PAGEIO
(24) All documents that show, set forth, or relate to any property that you, Kent Smith,
one or more children of Lindsey, one or more sons-in-law or daughters-in-law
of Lindsey, one or more children of Oliver, or one or more sons-in-law or
daughters-in-law of Oliver may or will receive from Lindsey, Bob Lindsey,
Oliver, and/or Louise Oliver, and specifically including, but not limited to,
property that you or one or more of such persons may or will receive on the death
of Lindsey, Bob Lindsey, Oliver, and/or Louise Oliver, and further including, but
not limited to, property received or to be received by you or one or more of such
persons (1) pursuant to an inter vivos trust executed by Lindsey, Bob Lindsey,
Oliver, and/or Louise Oliver and/or any amendment or purported amendment
thereto, (2) pursuant to a testamentary trust created under a Will or Codicil of
Lindsey, Bob Lindsey, Oliver, and/or Louise Oliver, and/or (3) pursuant to a Will
or Codicil of Lindsey, Bob Lindsey, Oliver, and/or Louise Oliver. This request
relates to the period beginning January 1, 2004 and extends through and includes
the date of your response to this request.
(25) All documents that show, set forth, or relate to property of any kind that Lindsey,
Bob Lindsey, Oliver, and/or Louise Oliver may receive from or were to receive
from Lesey, and specifically including, but not limited to, property that Lindsey,
Bob Lindsey, Oliver, and/or Louise Oliver may receive or were to receive from
Lesey ( 1) pursuant to an inter vivos trust executed by Lesey and/or any
amendment or purported amendment thereto, (2) pursuant to a testamentary trust
created under a Will or Codicil of Lesey, and/or (3) pursuant to a Will or Codicil
ofLesey. This request relates to the period beginning January 1, 2004 and extends
through and includes the date of your response to this request.
(26) All documents that show, set forth, or relate to property of any kind that Lindsey,
Bob Lindsey, Oliver, and/or Louise Oliver requested or wanted to receive from
Lesey during Lesey's life or on Lesey's death. This request relates to the period
beginning January 1, 2004 and extends through and includes the date of your
response to this request.
(27) A copy of each electronic data file that exists for any document that is not being
produced in hard copy but that is responsive to this request, specifically including,
but not limited to, (I) billing records, billing statements, time slips, and/or
invoices for work performed for Lesey or in relation to Lesey, Lesey's Will,
Lesey's Trust, Lesey's Trust Amendments, the sale of (or the idea of selling) the
Kinsel Ranch, or the idea of transferring or conveying (or the transfer or
conveyance) to Lindsey, Oliver, or any other person the minerals under the Kinsel
Ranch, (2) emails, (3) letters or other correspondence, (4) memoranda, or (5)
St'BPOE1\A Dl'CES TECDI
PAGE II
research.
CONTEMPT. Failure by any person without adequate excuse to obey a subpoena served
on that person may be deemed a contempt of the court from which the subpoena was 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 the '\")<·day of April, 2009.
Respectfully submitted,
By:
J. Lyndell Kirkley
Texas State Bar No. 11523000
B. Dan Berryman
Texas State Bar No. 00793338
Kelly B. Gibbons
Texas State Bar No. 24055548
KIRKLEY & BERRYMAN, L.L.P.
100 N. Forest Park Blvd., Suite 220
Fort Worth, Texas 76102
Telephone: 817.335.3311
Facsimile: 817.335.7733
Attorneys for Plaintiffs
This subpoena is issued at the request of Plaintiffs VIRGINIA 0. KINSEL, as Attorney-in-
Fact for J. FRANK KiNSEL, J. FRANK KINSEL, JR., Individually, CAROLE K. EDWARDS,
Individually, and CATHERINE K. COLLINS, Individually, whose attorneys of record are KIRKLEY
& BERRYMAN, L.L.P., 100 N. Forest Park Blvd., Suite 220, Fort Worth, Texas 76102, telephone
number 817.335.3311, facsimile number 817.335.7733.
St•BPOE'iA Dl'CES TECl'M
PAGEI2
ACCEPTANCE OF SERVICE OF SUBPOENA DUCES TECUM BY WITNESS
I hereby accept service of the foregoing Subpoena. I will appear as directed in this
Subpoena and will provide the testimony set forth in the Deposition on Written Questions
attached hereto. I hereby acknowledge receipt of a Witness fee in the amount of $11.00.
Name Printed
Date
RETURN OF SERVICE OF SUBPOENA DUCES TECUM
I, , delivered a copy of this Subpoena
Duces Tecum to Elizabeth Lindsey Rudy in person at
- - - - - - - - - - - - - - - - - - ' o n the_ day of April, 2009 at
_ _ _ _ _ _ o'clock _ _ .m. and tendered to the Witness a fee of$11.00.
By: ____~~~~-~~--~----~~
Person authorized by law who has no interest in the
lawsuit and is at least 18 years old
ATTACHMENT: WITNESS FEE ($11.00)
St BPOEi\A Dl'CES TECDI
PAGEI3
CERTIFICATE OF SERVICE
I certify that on the "\L\\y'lday of April, 2009, a true and correct copy of the foregoing was
served on all counsel of record in accordance with the Texas Rules of Civil Procedure, as
follows:
(I) Mr. M. Keith Branyon Via Certified Mail, RRR
JACKSON WALKER, L.L.P.
301 Commerce Street, Suite 2400
Fort Worth, Texas 76102
(2) Mr. Scott C. Kinsel Via Certified Mail, RRR
MOORE LANDREY, L.L.P.
1609 Shoal Creek Blvd., Suite I 00
Austin, Texas 78701
Attorney for Pl~ ntiffs
Sl'BPOE~A Dt:CEs TECDI
PAGEI4
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THE STATE OF TEXAS SUBPOENA IN A CIVIL CASE CAUSE No. 153-232668-08 VIRGINIA 0. KINSEL, as Attorney-in-Fact for § IN THE DISTRICT COURT J. FRANK KINSEL, § J. FRANK KINSEL, 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, § CJ o-,. and ROBERT N. OLIVER, § v;_}-. ~ ; ___ ) --1)'> ~D :·J Defendants. ~ 153rd JUDICIAL DISTR~~~ ~-=IJ ::;,- ,-·\ rr1 SUBPOENA DUCES TECUM FOR DEPOSITION ON WRITTEN QUESTIO~ ~\.: bo TO ELIZABETH LINDSEY RUDY 5i( ~ -::;- rrl TO: Any person authorized to serve and execute subpoenas as provided in Teiils Rule of Civil Procedure 176.5. YOU ARE COMMANDED to summon ELIZABETH LINDSEY RUDY, 905 Wayside Way, Richardson, Texas 75080, to appear at the offices of ABC COURT REPORTERS, 2929 Carlisle Street, Suite 150, Dallas, Texas 75204, on May 12, 2009 at 9:30a.m. and give the testimony set forth in the Notice of Deposition on Written Questions to ELIZABETH LINDSEY RUDY and remain in attendance at such deposition from day to day until lawfully discharged. ELIZABETH LINDSEY RUDY IS COMMANDED to produce and permit inspection and copying of the following documents or tangible things at the time and date set forth above and at the location set forth above: the documents described in the following section entitled "Documents to Be Produced Pursuant to Subpoena." StTBPOEI\A DtTCES TEC!'\1 PAGE I ELIZABETH LINDSEY RUDY is instructed that the following definitions and instructions apply to the following Subpoena Duces Tecum: Definitions (I) Defendant JANE 0. LINDSEY will be referred to herein as "Lindsey.'' (2) Defendant ROBERTN. OLIVER will be referred to herein as "Oliver." (3) The law firm of JACKSON WALKER, L.L.P. will be referred to herein as "Jackson Walker," and such term includes any attorney or employee of Jackson Walker, L.L.P. (4) ELIZABETH LINDSEY RUDY will be referred to herein as "you" or "your." (5) M. KEITH BRANYON will be referred to herein as "Branyon." (6) LESEY B. KINSEL will be referred to herein as "Lesey." (7) ROBERT L. LINDSEY (the husband of Defendant JANE 0. LINDSEY) will be referred to herein as "Bob Lindsey." (8) LOUISE OLIVER (the wife of Defendant ROBER. TN. OLIVER) will be referred to herein as "Louise Oliver." (9) FLOYD F. MCSPADDEN will be referred to herein as "McSpadden." (10) The law firm ofBENCKENSTEIN, NORVELL, & NATHAN, L.L.P. will be referred to herein as "Benckenstein." (II) TERRY WHIDDON will be referred to herein as "Whiddon." (12) The accounting firm of FUNCHESS, MILLS, WHITE & Co. will be referred to herein as "Funchess." ( 13) PAUL PRINCE will be referred to herein as "Prince." (14) RONNIE URBANCZYK will be referred to herein as "'Ronnie Urbanczyk." (IS) TERRY URBANCZYK will be referred to herein as "Terry Urbanczyk." StiBPOE~A DlCES TECDI PAGE2 (16) JOEL McDANIEL will be referred to herein as "McDaniel." (17) STEWART RANCHES.COM, LLP will be referred to herein as "Stewart Ranches." (18) The Lesey B. Kinsel Trust Agreement will be referred to herein as "Lesey's Trust." ( 19) The purported amendments to the Lesey B. Kinsel Trust Agreement shall be referred to as "Lesey' s Trust Amendments." (20) The Will of Lesey Kinsel, and all Codicils thereto, offered for probate in Cause No. 08-2469-1-2, pending in the Probate Court Number Two of Tarrant County, Texas, or any prior or subsequent Will(s) or Codicil(s) of Lesey, whether such Will(s) or Codicil(s) was/were executed, and including, but not limited to, any drafts of such Will(s) and/or Codicil(s), will be collectively referred to herein as "Lesey's Will." (21) The term "Kinsel Ranch" shall refer to that certain property described as "1686 acres out of the Green Tanksely Survey 468, Abstract 827, 495 acres out of the William Johnson Survey 228, Abstract 590, and 182.3 acres out of the Morgan Grace Survey 235, Abstract 312, and being the same land described in a deed dated June 1, 1943 from R.A. Midgett, et ux to E.A. Kinsel, recorded in Volume 162, Page 50, Deed Records of Atascosa County, Texas." (22) The term "attorney" refers to a partner, associate, attorney who is "of counsel," and any other attorney employed by the applicable the law firm. (23) The term "Kinsels" collectively refers to J. Frank Kinsel, Jr., Robin Kinsel, Catherine K. Collins, David Collins, Carole K. Edwards, Foster Edwards, Virginia 0. Kinsel, J. Frank Kinsel, and Joe B. Kinsel, Jr. (24) The term "document(s)" means all documents and tangible things as defined in Rule 192.3(b) of the Texas Rules of Civil Procedure. By way of example, the tenn "document(s)" shall mean in its broadest sense all written, typed, or printed matter or other tangible things, whether in final or draft form, and all electronic, magnetic, or other data, records, information, or documentation of any kind or description, including, but not limited to: letters, research, correspondence, telegrams, memoranda, notes, records, minutes, contracts, agreements, wills, fonns, records, notations of telephone or personal conversations, reports, charts, telegrams, brochures, e-mail, microfilm, computer printouts, facsimiles, bulletins, Sl'DPOE:\A Dl'CES TECliM PAGE3 pamphlets, circulars, calendars, books, newspapers, magazines, newsletters, publications of any kind, diaries, files, statements, invoices, shipping documents, medical records, business records, affidavits, declarations, witness statements, announcements, photographs, drawings, blueprints, maps, plans, survey plats, specifications, bids, audio recordings, video recordings, and all other forms of tangible information or things in your possession, custody, or control. Instructions and Content of Responses to Subpoena (I) The words and phrases listed in Subpoena Duces Tecum below will have the meanings set forth in the Definitions section above. Words and phrases not listed in the Definitions section will have their ordinary meaning. (2) To the extent information is withheld based on a privilege, request is made that you provide a privilege log setting forth the information withheld and the privilege asserted. (3) With regard to the subpoenaed documents, all information responsive to each request that is in your possession, custody, or control is to be produced. "Possession, custody, or control" of an item means that you either have physical possession of the item or have a right to possession of the item that is equal or superior to that of the person or entity who has physical possession of the item. (4) If any of this information is solely in electronic or magnetic form, you must produce this information by providing the Court Reporter with this information on CD-ROM computer disks formatted for IBM-compatible computers with a notation identifying the computer program (including version identification) necessary to access the information. (5) With respect to each item or category of items, you must state objections and assert privileges as required by the Texas Rules of Civil Procedure and state, as appropriate, that (a) the documents will be provided pursuant to the subpoena; or (b) no items have been identified after a diligent search, that are responsive to the request set forth in the subpoena. DOCUMENTS TO BE PRODUCED PURSUANT TO SUBPOENA Plaintiffs subpoena you to produce all of the following documents or other things that are within your possession or subject to your control: St'BPOE~A DI'CES TECTM PAGE4 (1) All documents that show or set forth communications, including, but not limited to emails, between you, Kent Smith, Jackson Walker, Branyon, McSpadden, Benckenstein, Lindsey, Bob Lindsey, one or more sons or daughters of Lindsey, one or more sons-in-law or daughters in-law of Lindsey, Prince, Oliver, Louise Oliver, one or more sons or daughters of Oliver, and/or one or more sons-in- law or daughters-in-law of Oliver, relating to Lesey, Lesey's Will, Lesey's Trust, or Lesey's Trust Amendments. This request seeks documents created, generated, or received by you during the period beginning January 1, 2004 and extending through and including August 21, 2008. (2) All documents that show or set forth communications, including, but not limited to emails, between you, Kent Smith, Jackson Walker, Branyon, McSpadden, Benckenstein, Lindsey, Bob Lindsey, one or more sons or daughters of Lindsey, one or more sons-in-law or daughters in-law of Lindsey, Prince, Oliver, Louise Oliver, one or more sons or daughters of Oliver, and/or one or more sons-in- law or daughters-in-law of Oliver relating to Lesey, Lesey's Will, Lesey's Trust, or Lesey's Trust Amendments. This request seeks documents created, generated, or received by you during the period beginning August 22, 2008 and extending through and including the date ofyour response to this request. (3) All documents that show or set forth communications to Lesey relating to Lesey, Lesey's Will, Lesey's Trust, or Lesey's Trust Amendments, including, but not limited to, emails, between (1) Lesey and Branyon or Jackson Walker and/or (2) Lesey and McSpadden or Benckenstein. This request seeks documents created, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request. (4) All documents that relate to (1) the idea of selling or the sale of the Kinsel Ranch or (2) the idea of transferring to any person, specifically including, but not limited to, Lindsey or Oliver, any rights to the minerals underneath the Kinsel Ranch or the actual transfer of such minerals, and specifically including, but not limited to, communications, and further specifically including but not limited to, emails, between A. You and Lindsey (for documents dated, generated, or received by you during the period beginning January 1, 2004 and extending through and including the date of your response to this request); B. You and Bob Lindsey (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request); StroroE:\A DreEs TECni PAGEs c. You and Oliver (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request); D. You and Louise Oliver (for documents dated, generated, or received by you during the period beginning January I,2004 and extending through and including the date of your response to this request); E. You and Lindsey and Oliver (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request); F. You and Robert Rudy (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request); G. You and one or more children of Lindsey (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request); H. You and one or more children of Oliver (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request); I. You and one or more of Lindsey's sons-in-law or daughters-in-law (for documents dated, generated, or received by you during the period beginning January l, 2004 and extending through and including the date of your response to this request); J. You and one or more of Oliver's sons-in-law or daughters-in-law (for documents dated, generated, or received by you during the period beginning January l, 2004 and extending through and including the date of your response to this request); K. You and Lesey (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including August 22, 2008); L. You and Prince (for documents dated, generated, or received by you Sl'BPOE~A Dt•CES TECl'M PAGE6 during the period beginning January I, 2004 extending through and including the date of your response to this request); M. You and Ronnie Urbanczyk (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request); N. You and Terry Urbanczyk (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request); 0. You and McDaniel (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request); P. You and Stewart Ranches (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request); Q. You and one or more of the Kinse/s (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request); or R. You and any combination of persons whose names are set forth in bold and italics in (A) through (Q) above (for documents dated, generated, or received by you during the period beginning January I, 2004 and extending through and including the date of your response to this request). (5) All billing records, billing statements, time slips, and/or invoices for services rendered by Kent Smith, Branyon, Jackson Walker, McSpadden, or Benckenstein to Lesey or Lesey's Trust during the period beginning January I, 2004 and extending through and including August 21,2008, and further including, but not limited to, invoices that relate to services rendered to Lesey prior to or on August 21, 2008, which were prepared and/or sent after August 21, 2008. (6) All billing records, billing statements, time slips, and/or invoices for services rendered by Kent Smith, Branyon, Jackson Walker, McSpadden, or Benckenstein to Lesey or Lesey 's Trust during the period beginning August 22, 2008 and extending through and including the date of your response to this request. Sl'BPOE:"A Dt:CEs TECl'M PAGE7 (7) All billing records, billing statements, time slips, and/or invoices showing or relating to services rendered by Kent Smith, Branyon, Jackson Walker, McSpadden, or Benckenstein to Lindsey and/or Bob Lindsey, during the period beginning January I, 2004 and extending through and including August 21,2008. (8) All billing records, billing statements, invoices, and/or other documents showing or relating to services rendered by Kent Smith, Branyon, Jackson Walker, McSpadden, or Benckenstein to Oliver and/or Louise Oliver, during the period beginning January I, 2004 and extending through and including August 21, 2008. (9) All billing records, billing statements, time slips, and/or invoices showing or relating to services rendered by Kent Smith, Branyon, Jackson Walker, McSpadden, or Benckenstein to one or more children of Lindsey, sons-in-law of Lindsey, or daughters-in-law of Lindsey, during the period beginning January I, 2004 and extending through and including August 21, 2008. (I 0) All billing records, billing statements, time slips invoices, and/or other documents showing or relating to services rendered by Kent Smith, Branyon, Jackson Walker, McSpadden, or Benckenstein to one or more children of Oliver, sons-in- law of Oliver, or daughters-in-law of Oliver, during the period beginning January I, 2004 and extending through and including August 21,2008. (II) All billing records, billing statements, time slips, invoices, and/or other documents showing or relating to services rendered by Branyon, Jackson Walker, McSpadden, or Benckenstein to Prince or Donna Prince, during the period beginning January I, 2004 and extending through and including August 21, 2008. ( 12) All billing records, billing statements, time slips, invoices, and/or other documents showing or relating to services rendered by Branyon, Jackson Walker, McSpadden, or Benckenstein to Whiddon, during the period beginning January I, 2004 and extending through and including August 21, 2008. (13) All billing records, billing statements, time slips, and/or invoices for services rendered by Kent Smith, Branyon, Jackson Walker, McSpadden, or Benckenstein to Lindsey, Bob Lindsey, Oliver, Louise Oliver, and/or Whiddon in relation to the above-captioned lawsuit and/or Cause No. 08-2469-1 or Cause No. 08-2469- 1-2 during the period beginning January I, 2004 and extending through and including the date of your response to this request. (\4) All documents showing payments or deposits made by Lesey or Lesey's Trust or any individual on behalf of Lesey or Lesey's Trust for legal services rendered to St'BPOEi\..\ Dt CES TECnl PAGES Lesey or Lesey's Trust during the period beginning January 1, 2004 and extending through and including the date of your response to this request, and specifically including, but not limited to, copies of all canceled checks for such payments. (15) A comp Jete copy of each file maintained by you for any work performed by Jackson Walker for Lesey or in relation to Lesey, Lesey's Will, Lesey's Trust, or Lesey's Trust Amendments during the period from January 1, 2004 and extending through and including August 21, 2008, and specifically including, but not limited to, (1) all documents related to the Fourth or Fifth purported amendments to Lesey's Trust, (2) a copy ofLesey's purported February 23, 2007 Will, and (3) all memoranda and correspondence prepared or received by Kent Smith, Branyon, Jackson Walker, McSpadden, or Benckenstein. (16) All documents, including, but not limited to emails, showing or referring to communications between you and/or Jackson Walker and Benckenstein that relate to Lesey, Lesey's Will, Lesey's Trust, Lesey's Trust Amendments, the idea of selling (or the sale of) the Kinsel Ranch, or the idea of transferring or conveying (or the transfer or conveyance) to Lindsey, Oliver, or any other person or entity the minerals under the Kinsel Ranch. This request seeks documents created, generated, or received by you during the period from January 1, 2004 and extending through and including August 21, 2008. (17) All documents, including, but not limited to emails, showing or referring to communications between you and/or Jackson Walker and Benckenstein that relate to Lesey, Lesey's Will, Lesey's Trust, Lesey's Trust Amendments, the idea of selling (or the sale of) the Kinsel Ranch, or the idea of transferring or conveying (or the transfer or conveyance) to Lindsey, Oliver, or any other person or entity the minerals under the Kinsel Ranch. This request seeks documents created, generated, or received by you during the period from August 22, 2008 and extending through and including the date ofyour response to this request. ( 18) A copy of each document that sets forth or refers to a communication related to Lesey, Lesey's Will, Lesey's Trust, and/or Lesey's Trust Amendments, including, but not limited to, each legal memorandum and any accompanying research, between one or more attorneys of Jackson Walker, and (I) another attorney of Jackson Walker and/or (2) an attorney of Benckenstein, and specifically including, but not limited to, McSpadden. This request seeks documents created, generated, or received by you during the period from January I, 2004 and extending through and including August 21, 2008. Sl'BPOE!\A DliCES TECD! PAGE9 (19) A copy of each document that sets forth or refers to a communication, including, but not limited to, emails, related to Lesey, Lesey's Will, Lesey's Trust, Lesey's Trust Amendments, the sale of (or the idea of selling) the Kinsel Ranch, or the idea of transferring or conveying (or the transfer or conveyance) to Lindsey, Oliver, or any other person the minerals under the Kinsel Ranch, between one or more partners or other attorneys of Jackson Walker and any other person. This request seeks documents created, generated, or received by you during the period from January I, 2004 and extending through and including August 21, 2008. (20) A copy of each document that sets forth or refers to a communication, including, but not limited to, emails, related to Lesey, Lesey's Will, Lesey's Trust, Lesey's Trust Amendments, the sale of (or the idea of selling) the Kinsel Ranch, or the idea of transferring or conveying (or the transfer or conveyance) to Lindsey, Oliver, or any other person the minerals under the Kinsel Ranch, between one or more partners or other attorneys of Jackson Walker, and any other person. This request seeks documents created, generated, or received by you during the period from August 22, 2008 and extending through and including the date of your response to this request. (21) A copy of each document that sets forth or refers to a communication, including, but not limited to, emails, related to Lesey, Lesey's Will, Lesey's Trust, Lesey's Trust Amendments, the sale of (or the idea of selling) the Kinsel Ranch, or the idea of transferring or conveying (or the transfer or conveyance) to Lindsey, Oliver, or any other person the minerals under the Kinsel Ranch, between one or more partners or other attorneys of Benckenstein and Lindsey and/or Oliver. This request seeks documents created, generated, or received by you during the period from January 1, 2004 and extending through and including August 21, 2008. (22) A copy of each document that sets forth or refers to a communication, including, but not limited to, emails, related to Lesey, Lesey's Will, Lesey's Trust, Lesey's Trust Amendments, the sale of (or the idea of selling) the Kinsel Ranch, or the idea of transferring or conveying (or the transfer or conveyance) to Lindsey, Oliver, or any other person the minerals under the Kinsel Ranch, between one or more partners or other attorneys of Benckenstein and Bob Lindsey, Prince, and/or one or more of the Kinsels. This request seeks documents created, generated, or received by you during the period from January I, 2004 and extending through and including the date of your response to this request. (23) A copy of any lists or descriptions of assets held by Lesey or Lesey's Trust during the years 2005, 2006, 2007, and/or 2008. PAGEIO (24) All documents that show, set forth, or relate to any property that you, Kent Smith, one or more children of Lindsey, one or more sons-in-law or daughters-in-law of Lindsey, one or more children of Oliver, or one or more sons-in-law or daughters-in-law of Oliver may or will receive from Lindsey, Bob Lindsey, Oliver, and/or Louise Oliver, and specifically including, but not limited to, property that you or one or more of such persons may or will receive on the death of Lindsey, Bob Lindsey, Oliver, and/or Louise Oliver, and further including, but not limited to, property received or to be received by you or one or more of such persons (1) pursuant to an inter vivos trust executed by Lindsey, Bob Lindsey, Oliver, and/or Louise Oliver and/or any amendment or purported amendment thereto, (2) pursuant to a testamentary trust created under a Will or Codicil of Lindsey, Bob Lindsey, Oliver, and/or Louise Oliver, and/or (3) pursuant to a Will or Codicil of Lindsey, Bob Lindsey, Oliver, and/or Louise Oliver. This request relates to the period beginning January 1, 2004 and extends through and includes the date of your response to this request. (25) All documents that show, set forth, or relate to property of any kind that Lindsey, Bob Lindsey, Oliver, and/or Louise Oliver may receive from or were to receive from Lesey, and specifically including, but not limited to, property that Lindsey, Bob Lindsey, Oliver, and/or Louise Oliver may receive or were to receive from Lesey ( 1) pursuant to an inter vivos trust executed by Lesey and/or any amendment or purported amendment thereto, (2) pursuant to a testamentary trust created under a Will or Codicil of Lesey, and/or (3) pursuant to a Will or Codicil ofLesey. This request relates to the period beginning January 1, 2004 and extends through and includes the date of your response to this request. (26) All documents that show, set forth, or relate to property of any kind that Lindsey, Bob Lindsey, Oliver, and/or Louise Oliver requested or wanted to receive from Lesey during Lesey's life or on Lesey's death. This request relates to the period beginning January 1, 2004 and extends through and includes the date of your response to this request. (27) A copy of each electronic data file that exists for any document that is not being produced in hard copy but that is responsive to this request, specifically including, but not limited to, (I) billing records, billing statements, time slips, and/or invoices for work performed for Lesey or in relation to Lesey, Lesey's Will, Lesey's Trust, Lesey's Trust Amendments, the sale of (or the idea of selling) the Kinsel Ranch, or the idea of transferring or conveying (or the transfer or conveyance) to Lindsey, Oliver, or any other person the minerals under the Kinsel Ranch, (2) emails, (3) letters or other correspondence, (4) memoranda, or (5) St'BPOE1\A Dl'CES TECDI PAGE II research. CONTEMPT. Failure by any person without adequate excuse to obey a subpoena served on that person may be deemed a contempt of the court from which the subpoena was 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 the '\")<·day of April, 2009. Respectfully submitted, By: J. Lyndell Kirkley Texas State Bar No. 11523000 B. Dan Berryman Texas State Bar No. 00793338 Kelly B. Gibbons Texas State Bar No. 24055548 KIRKLEY & BERRYMAN, L.L.P. 100 N. Forest Park Blvd., Suite 220 Fort Worth, Texas 76102 Telephone: 817.335.3311 Facsimile: 817.335.7733 Attorneys for Plaintiffs This subpoena is issued at the request of Plaintiffs VIRGINIA 0. KINSEL, as Attorney-in- Fact for J. FRANK KiNSEL, J. FRANK KINSEL, JR., Individually, CAROLE K. EDWARDS, Individually, and CATHERINE K. COLLINS, Individually, whose attorneys of record are KIRKLEY & BERRYMAN, L.L.P., 100 N. Forest Park Blvd., Suite 220, Fort Worth, Texas 76102, telephone number 817.335.3311, facsimile number 817.335.7733. St•BPOE'iA Dl'CES TECl'M PAGEI2 ACCEPTANCE OF SERVICE OF SUBPOENA DUCES TECUM BY WITNESS I hereby accept service of the foregoing Subpoena. I will appear as directed in this Subpoena and will provide the testimony set forth in the Deposition on Written Questions attached hereto. I hereby acknowledge receipt of a Witness fee in the amount of $11.00. Name Printed Date RETURN OF SERVICE OF SUBPOENA DUCES TECUM I, , delivered a copy of this Subpoena Duces Tecum to Elizabeth Lindsey Rudy in person at - - - - - - - - - - - - - - - - - - ' o n the_ day of April, 2009 at _ _ _ _ _ _ o'clock _ _ .m. and tendered to the Witness a fee of$11.00. By: ____~~~~-~~--~----~~ Person authorized by law who has no interest in the lawsuit and is at least 18 years old ATTACHMENT: WITNESS FEE ($11.00) St BPOEi\A Dl'CES TECDI PAGEI3 CERTIFICATE OF SERVICE I certify that on the "\L\\y'lday of April, 2009, a true and correct copy of the foregoing was served on all counsel of record in accordance with the Texas Rules of Civil Procedure, as follows: (I) Mr. M. Keith Branyon Via Certified Mail, RRR JACKSON WALKER, L.L.P. 301 Commerce Street, Suite 2400 Fort Worth, Texas 76102 (2) Mr. Scott C. Kinsel Via Certified Mail, RRR MOORE LANDREY, L.L.P. 1609 Shoal Creek Blvd., Suite I 00 Austin, Texas 78701 Attorney for Pl~ ntiffs Sl'BPOE~A Dt:CEs TECDI PAGEI4