Preview
7
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, §
§
~- §
§ OF TARRANT COUNTY, TEXAS
§
JANE 0. LINDSEY, Individually and as §
Co-Trustee of the Lesey B. Kinsel Trust, §
ROBERTN. OLIVER, §
FUNCHESS, MILLS, WHITE, & Co., acting by and §
through its shareholder, TERRY S. WHIDDON, §
or any subsequent shareholder as designated §
by the shareholders of FUNCHESS, MILLS, WHITE, §
& Co., as Successor Co-Trustee of the Lesey B. §
Kinsel Trust, and §
TERRY S. WHIDDON, as Successor Co-Trustee §
of the Lesey B. Kinsel Trust, §
§
Defendants. § 153rd JUDICIAL DISTRICT
SUBPOENA DUCES TECUM FOR DEPOSITION ON WRITTEN QUESTIONS
TO WILLIAM LAURENCE OLIVER, INDIVIDUALLY AND AS CUSTODIAN OF RECORDS OF THE
DENT-AID FOUNDATION, INC.
TO: Any person authorized to serve and execute subpoenas as provided in Texas Rule of
Civil Procedure 176.5. _, ,._.,
r__:·:_)-~
YOU ARE COMMANDED to summon WILLIAM LAURENCE OLIVER;365~~ >:~
Silvenvood Circle, Southlake, Texas 7~092, to appear at the offices of MERIT C~~~ :~ ::;. _
71
REPORTERS, 307 West Seventh Street, Smte 1350, Fort Worth, Texas 76102, Tele(i~~ne Nuw,ber
' .-..
::r=
_,
.-.. P1
SUBPOEl\'A DUCES TECUM
7 --;
' '
817.336.3042, on November 30, 2009 at 10:30 a.m. and give the testimony set forth in the
Notice of Deposition on Written Questions to WILLIAM LAURENCE OLIVER, INDIVIDUALLY AND
AS CUSTODIAN OF RECORDS OF THE DENT-AID FOUNDATION, INC. and remain in attendance at
such deposition from day to day until lawfully discharged.
WILLIAM LAURENCE OLIVER, INDIVIDUALLY AND AS CUSTODIAN OF
RECORDS OF THE DENT-AID FOUNDATION, INC. 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."
WILLIAM LAURENCE OLIVER, INDIVIDUALLY AND AS CUSTODIAN OF RECORDS OF THE
DENT-AID FoUNDATION, INC., is instructed that the following definitions and instructions apply
to the following Subpoena Duces Tecum:
Definitions
(1) LESEY B. KINSEL will be referred to herein as "Lesey."
(2) WILLIAM LAURENCE OLIVER, INDIVIDUALLY AND AS CUSTODIAN OF RECORDS OF THE
DENT-AID FoUNDATION, INC. will be referred to herein as "you" or "your."
(3) 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 term
"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, forms, records, notations of telephone or personal
conversations, reports, charts, telegrams, brochures, e-mail, microfilm, computer
printouts, facsimiles, bulletins, 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.
SUBPOENA DliCES TEClll\1 PAGE2
Instructions and Content of Responses to Subpoena
(1) 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:
(1) All documents evidencing payments made by Lesey or the Lesey B. Kinsel Trust to
William Laurence Oliver and/or the Dent-Aid Foundation, Inc. during the period from
January 1, 2004 through and including the date of your response to the Subpoena Duces
Tecum, including, but not limited to, gifts or contributions made by Lesey or the Lesey
B. Kinsel Trust to William Laurence Oliver and/or the Dent-Aid Foundation, Inc., and
further including, but not limited to, that certain $3,000 payment or contribution made by
SUBPOENA DUCES TECUM PAGE3
Lesey to the Dent-Aid Foundation, Inc. on March 14, 2006.
(2) All documents, including medical and dental records, evidencing medical or dental
services rendered to Lesey during the period beginning January I, 2004 and extending
through and including August 22, 2008, including, but not limited to, dental services
rendered to Lesey by William Laurence Oliver and/or the Dent-Aid Foundation, Inc.
(3) All documents evidencing written correspondence, including emails, to or from William
Laurence Oliver and/or the Dent-Aid Foundation, Inc. pertaining to Lesey or the Lesey B.
Kinsel Trust, and further including, but not limited to, correspondence to and from Lesey,
the Lesey B. Kinsel Trust, Robert N. Oliver, or Jane 0. Lindsey. This request applies to
documents dated, received, or generated by William Laurence Oliver and/or the Dent-Aid
Foundation, Inc. between January I, 2004 and August 22, 2008.
(4) All files in the possession, custody, or control of William Laurence Oliver and/or the
Dent-Aid Foundation, Inc. that pertain in any way to Lesey or the Lesey B. Kinsel Trust.
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 ofNovember, 2009.
SUBPOE:\"A DUCES TECUM PAGE4
Respectfully submitted,
By:
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.
SUBPOE:\'A DUCES TECUM PAGES
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, Jt,.,4 L. A-..Jo, Tr. , delivered a copy of this Subpoena
Duces Tecum to William Laurence Oliver in person at
16r f:·fyu.,,..-1 Gnl~ Soul/1--h ~ :t-..>1 , on the 'f#. day of November, 2009 at
g! ~0 o'clock __/!_.m. and tendered to the Witness a fee of$11.00.
ATTACHMENT: WITNESS FEE ($11.00)
liB . . .
SUBPOEl'iA DUCES TECUM PAGE6
CERTIFICATE OF SERVICE
I certify that on the \[\h day of November, 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:
(1) Mr. William R. Jenkins, Jr. 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 100
Austin, Texas 78701
SUBPOENA DUCES TECU:'\1 PAGE7
Preview
7 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, § § ~- § § OF TARRANT COUNTY, TEXAS § JANE 0. LINDSEY, Individually and as § Co-Trustee of the Lesey B. Kinsel Trust, § ROBERTN. OLIVER, § FUNCHESS, MILLS, WHITE, & Co., acting by and § through its shareholder, TERRY S. WHIDDON, § or any subsequent shareholder as designated § by the shareholders of FUNCHESS, MILLS, WHITE, § & Co., as Successor Co-Trustee of the Lesey B. § Kinsel Trust, and § TERRY S. WHIDDON, as Successor Co-Trustee § of the Lesey B. Kinsel Trust, § § Defendants. § 153rd JUDICIAL DISTRICT SUBPOENA DUCES TECUM FOR DEPOSITION ON WRITTEN QUESTIONS TO WILLIAM LAURENCE OLIVER, INDIVIDUALLY AND AS CUSTODIAN OF RECORDS OF THE DENT-AID FOUNDATION, INC. TO: Any person authorized to serve and execute subpoenas as provided in Texas Rule of Civil Procedure 176.5. _, ,._., r__:·:_)-~ YOU ARE COMMANDED to summon WILLIAM LAURENCE OLIVER;365~~ >:~ Silvenvood Circle, Southlake, Texas 7~092, to appear at the offices of MERIT C~~~ :~ ::;. _ 71 REPORTERS, 307 West Seventh Street, Smte 1350, Fort Worth, Texas 76102, Tele(i~~ne Nuw,ber ' .-.. ::r= _, .-.. P1 SUBPOEl\'A DUCES TECUM 7 --; ' ' 817.336.3042, on November 30, 2009 at 10:30 a.m. and give the testimony set forth in the Notice of Deposition on Written Questions to WILLIAM LAURENCE OLIVER, INDIVIDUALLY AND AS CUSTODIAN OF RECORDS OF THE DENT-AID FOUNDATION, INC. and remain in attendance at such deposition from day to day until lawfully discharged. WILLIAM LAURENCE OLIVER, INDIVIDUALLY AND AS CUSTODIAN OF RECORDS OF THE DENT-AID FOUNDATION, INC. 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." WILLIAM LAURENCE OLIVER, INDIVIDUALLY AND AS CUSTODIAN OF RECORDS OF THE DENT-AID FoUNDATION, INC., is instructed that the following definitions and instructions apply to the following Subpoena Duces Tecum: Definitions (1) LESEY B. KINSEL will be referred to herein as "Lesey." (2) WILLIAM LAURENCE OLIVER, INDIVIDUALLY AND AS CUSTODIAN OF RECORDS OF THE DENT-AID FoUNDATION, INC. will be referred to herein as "you" or "your." (3) 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 term "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, forms, records, notations of telephone or personal conversations, reports, charts, telegrams, brochures, e-mail, microfilm, computer printouts, facsimiles, bulletins, 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. SUBPOENA DliCES TEClll\1 PAGE2 Instructions and Content of Responses to Subpoena (1) 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: (1) All documents evidencing payments made by Lesey or the Lesey B. Kinsel Trust to William Laurence Oliver and/or the Dent-Aid Foundation, Inc. during the period from January 1, 2004 through and including the date of your response to the Subpoena Duces Tecum, including, but not limited to, gifts or contributions made by Lesey or the Lesey B. Kinsel Trust to William Laurence Oliver and/or the Dent-Aid Foundation, Inc., and further including, but not limited to, that certain $3,000 payment or contribution made by SUBPOENA DUCES TECUM PAGE3 Lesey to the Dent-Aid Foundation, Inc. on March 14, 2006. (2) All documents, including medical and dental records, evidencing medical or dental services rendered to Lesey during the period beginning January I, 2004 and extending through and including August 22, 2008, including, but not limited to, dental services rendered to Lesey by William Laurence Oliver and/or the Dent-Aid Foundation, Inc. (3) All documents evidencing written correspondence, including emails, to or from William Laurence Oliver and/or the Dent-Aid Foundation, Inc. pertaining to Lesey or the Lesey B. Kinsel Trust, and further including, but not limited to, correspondence to and from Lesey, the Lesey B. Kinsel Trust, Robert N. Oliver, or Jane 0. Lindsey. This request applies to documents dated, received, or generated by William Laurence Oliver and/or the Dent-Aid Foundation, Inc. between January I, 2004 and August 22, 2008. (4) All files in the possession, custody, or control of William Laurence Oliver and/or the Dent-Aid Foundation, Inc. that pertain in any way to Lesey or the Lesey B. Kinsel Trust. 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 ofNovember, 2009. SUBPOE:\"A DUCES TECUM PAGE4 Respectfully submitted, By: 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. SUBPOE:\'A DUCES TECUM PAGES 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, Jt,.,4 L. A-..Jo, Tr. , delivered a copy of this Subpoena Duces Tecum to William Laurence Oliver in person at 16r f:·fyu.,,..-1 Gnl~ Soul/1--h ~ :t-..>1 , on the 'f#. day of November, 2009 at g! ~0 o'clock __/!_.m. and tendered to the Witness a fee of$11.00. ATTACHMENT: WITNESS FEE ($11.00) liB . . . SUBPOEl'iA DUCES TECUM PAGE6 CERTIFICATE OF SERVICE I certify that on the \[\h day of November, 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: (1) Mr. William R. Jenkins, Jr. 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 100 Austin, Texas 78701 SUBPOENA DUCES TECU:'\1 PAGE7