Preview
FILED
DALLAS COUNTY
7/30/2014 3:18:49 PM
GARY FITZSIMMONS
DISTRICT CLERK
NO. DC-13-14542
LARRY RIPALDI, § IN THE DISTRICT COURT
Plaintiff, §
§
v. § 101st JUDICIAL DISTRICT
§
LANCE STOKES, §
Defendant § OF DALLAS COUNTY
MOTION TO COMPEL DEPOSITION OF DEFENDANT
AND FOR SANCTIONS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, LARRY RIPALDI, Plaintiff in the above-numbered and
entitled cause, and files this his Motion to Compel Deposition of Defendant and for
Sanctions and, pursuant to Texas Rule of Civil Procedure 215, seeks an order
compelling Defendant Lance Stokes to appear for the taking of his deposition, and
as grounds therefor would respectfully show the Court as follows:
1. Solely because of the Defendant's consistent failure to respond to
deposition overtures, on July 3, 2014, Plaintiff served upon Defendant his Notice of
Oral Deposition specifying a date convenient to him only. A true and correct copy
MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS
PAGE10F6
Page 1 of 20
of the notice is attached hereto as Exhibit "A" and fully incorporated herein by
reference.
2. Defendant, on July 9, 2014, E-filed and B-served his Motion to Quash
Plaintiffs Notice of Oral Deposition. A true and correct copy of such motion is
attached as Exhibit "B" and fully incorporated herein by reference. As is shown,
in Defendant's motion, he objects to the time, date and location of the deposition.
Defendant states that the deposition should be held at the office of Ackerman &
Savage, L.L.P., 8226 Douglas Avenue, Suite 330, Dallas, Texas 75225. However,
to date, Defense counsel has utterly failed to communicate with Plaintiffs counsel
or to contact Plaintiffs counsel in an attempt to schedule an alternate date or
alternate location, nor was any proposed alternate date or location referenced in the
Motion to Quash. Clearly, Defendant's sole purpose in quashal is to obstruct
necessary discovery.
3. Being aware of the approaching discovery deadline in this case,
Plaintiffs counsel contacted Defense counsel by email on May 29,2014, and June
11, 2014, and on June 20, 2014 by email and mailed letter, requesting the dates that
Defendant could be available for his deposition at defense counsel's office. True
and correct copies of such emails and letter to Defendant's attorney in this regard
MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS
PAGE20F6
Page 2 of 20
are attached hereto as Exhibit "C" and incorporated herein by reference. Defense
counsel has never made response to such communications seeking to agree upon
deposition dates.
ORDER COMPELLING APPEARANCE
4. Plaintiff seeks an order from this Court compelling Defendant to
appear for a deposition at the office of Plaintiffs attorney officeon August 19, 2014
at 10:00 a.m, or on October 7, 2014 at 10:00 a.m.
REQUEST TO OVERRULE MOTION TO QUASH
5. In addition, Plaintiff would show that Defendant's Motion to Quash
Plaintiffs Notice of Deposition is groundless, and should be overruled, because
Plaintiff had previously offered to have the deposition at the office of defense
counsel. Only after Defendant's repeated failure to respond to informal overtures
to take his deposition, did Plaintiff issue notice for a deposition at Plaintiffs
counsel's office requiring defense counsel to produce Defendant for the taking of
his deposition. Defendant's Motion to Quash should be overruled.
6. Defendant has forced Plaintiff to file this motion by its continued
failure to produce the Defendant for his deposition, as well as his continued lack of
communication in scheduling the deposition of Defendant. Accordingly, pursuant
MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS
PAGE30F6
Page 3 of 20
to TEX. R. Civ. PRO. 215.l(d), Plaintiff is entitled to recover all reasonable and
necessary attorney's fees andexpenses incurred in bringing this motion.
SANCTIONS
7. Owing to Defendant's conduct evidencing an intent to obstruct
discovery, Plaintiff is entitled to reasonable sanctions, pursuant to TEX. R. CIV. P.
215.2 (b). Specifically, Plaintiff seeks an order charging the taxable court costs of
the deposition, i.e., the costs of the court reporter, against the Defendant.
WHEREFORE, Plaintiff prays that, upon notice and hearing, Defendant be
compelled and ordered to submit to a deposition on either August 19, 2014
beginning at 10:00 a.m, or on October 7, 2014 beginning at 10:00 a.m. at
Armstrong The Law Firm, P.C., 1400 Gables Court, Plano, Texas 75075, for
Plaintiffs reasonable attorneys fees and expenses, for sanctions, and for appropriate
general relief in accordance withTEX. R. CIV. PRO. 215.
MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS
Page 4 of 20 PAGE40F6
Respectfully submitted,
By: ~~@~~~'(AI.~
Ric a L. Armstrong
1400 Gables Court, Suite I 03
Plano, Texas 75075
(972) 424-5297
(972) 516-0577 FAX
ric@armstrongthelawfirm.com
State Bar I.D. No. 01322200
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF CONFERENCE
Counsel for Movant has personally attempted to contact the counsel for
Respondent to resolve the matters presented as follows:
By email sent July 29, 2014 at 1210 p.m.;
By email sent July 30,2014 9:51a.m.; and
By phone call and voice mail message on July 30, 2014 at 2:17p.m.
Counsel for the Movant has caused to be delivered to counsel for Respondent, and
counsel for Respondent has received an emailed copy of the proposed motion. At
least one attempt to contact the counsel for Respondent followed the receipt by
counsel for Respondent of the proposed motion. Counsel for Respondent has failed
to respond or attempt to resolve the matters presented.
MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS
Page 5 of 20 PAGE50F6
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that a true and correct copy of the
foregoing motion was served on all counsel of record in compliance with the TEXAS
MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS
Page 6 of 20 PAGE 6 OF6
Exhibit "A"
Page 7 of 20
NO. DC-13-14542
LARRY RIPALDI, § IN THE DISTRICT COURT
Plaintiff, §
§
v. § 101st JUDICIAL DISTRICT
§
LANCE STOKES, §
Defendant. § OF DALLAS COUNTY, TEXAS
NOTICE OF ORAL DEPOSITION
TO: Defendant, Lance Stokes by and through his attorney of record, Michael T.
Savage, Ackerman & Savage, L.L.C., 8226 Douglas Avenue, Suite 330, Dallas,
Texas 75225
You are hereby notified that on August 13, 2014 beginning at 10:00 a.m., at
Armstrong The Law Firm, P.C., 1400 Gables Court, Plano, Texas 75075, Plaintiff LatTy
Ripaldi will take the deposition of Defendant Lance Stokes on oral examination before an
officer authorized to take such depositions.
Such deposition shall continue from day to day until completed. The deposition
shall be used for purposes of discovery and may be introduced as evidence at the trial of
the above-entitled action.
Page 8NOTICE
of 20 OF ORAL DEPOSITION PAGE I OF2
Respectfully submitted,
ARMSTRONG, THE LAW FIRM, P.C.
B
~,,.·"''ard L. Ar stron
1400 Gables Court, Suite I 03
Plauo, Texas 75075
(972) 424-5297
(972) 516-0577 FAX
ric@armstrongthelawfirm.com
State Bar J.D. No. 01322200
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
The undersigned attorney hereby cettifies that a true and correct copy of the foregoing
"Notice of Oral Deposition " was served on all counsel of record in compliauce with the
TEXAS RULES OF CIVIL PROCEDURE 21 and 2!a on thi e 3rd day of July, 2014.
PAGE20F2
Page 9 of 20
NOTICE OF ORAL DEPOSITION
Exhibit "B"
Page 10 of 20
FILED
DALLAS COUNTY
7/9/2014 4:54:16 PM
GARY FITZSIMMONS
DISTRICT CLERK
NO. DC-13-14542
LARRY RIP ALDI § IN THE DISTRICT COURT
Plaintiff, §
§
v. § 101 sr JUDICIAL DISTRICT
§
LANCE STOKES §
Defendant. § DALLAS COUNTY, TEXAS
MOTION TO OUASH PLAINTIFF'S NOTICE OF ORAL DEPOSITION
TO THE HONORABLE JUDGE OF THIS COURT:
NOW COMES Lance Stokes, Defendant in the above entitled and numbered cause of
action, and files this Motion to Quash Plaintiff's Notice of Oral Deposition, and as grounds
therefore, would respectfully show:
I.
On July 3, 2014, at 5:25 p.m. and 5:38 p.m., by email and fax respectively, Plaintiff
served upon Counsel for Defendant the Notice of Deposition which is attached hereto as Exhibit
"A." This motion isfiled within three days of the date of the Notices of Deposition, therefore
the deposition is automatically stayed until the motion can be determined. See TRCP 199.4,
Dallas County Local Rule 2.12.
II.
Defendant objects to the time, date and location of the deposition. The deposition should
be held at the office of Ackerman & Savage, L.L.P., 8226 Douglas Avenue, Suite 330, Dallas
Texas 75225.
III.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that Court issue an order
MOTION TO QUASH PLAINTIFF'S NOTICE OF ORAL DEPOSITION Page I
PLD-l71090.do;:
Page 11 of 20
Page. 1
quashing Plaintiff's Notice of Oral Deposition.
Respectfully submitted,
ACKERMAN & SAVAGE, L.L.C.
Attorneys and Counselors
8226 Douglas Avenue, Suite 330
Dallas, Texas 75225
(214) 346-4200 (Telephone)
(214) 346-4201 (Facsimile)
By: Is/Michael T. Savage
W. RANDAL ACKERMAN
State Bar No. 00832475
MICHAEL T. SAVAGE
State Bar No. 17688805
mtsavage@ackermansavage.com
STEVEN T. RAMOS
State Bar No. 00784812
ramos@ackermansavage.com
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I certify that a true and correct copy of Motion to Quash Plaintiff's Notice of Oral
Deposition has, this 91h day of July, 2014, been sent by certified mail, return receipt requested,
and by facsimile to:
Richard L. Armstrong viafacsimile: 972-516-0577
ARMSTRONG, The Law Firm, P.C. first class mail
1400 Gables Court, Suite 103
Plano, Texas 75075
Is/Michael T. Savage
MICHAEL T. SAVAGE
MOTION TO QUASH PLAINTIFF'S NOTICE OF ORAL DEPOSITION Page 2
PLD-171 090.do;;
Page 12 of 20 Page M2
1\ich:~nl
L. Armurong. H.stl· 1': 972.42oi.S297
lluy l.. llcCVCll, 0( C'..uun~l 1': 972.516.0577
July 3, 2014
Michael T. Savage
Ackerman & Savage, L.L.C. Via Fnx & Email
8226 Douglas Avenue, Suite 330
Dallas, Texas 75225
RE: Larry Ripaldi vs. Lance Stokes
Cause No: DC-13-14542
In tile lOlst Jmllcial District Conrt ofDallas Connty
Dear Mr. Savage:
Enclosed please find a Notice of Oral Deposition in the above referenced case.
Respectfully,
Cathy Blasberg
Legal Assistant to Richard L. Armstrong
Enclosures
·-----------------------·-··
l'ic@nrmJtrdngtllelniP/Irtii,C0/11 1400 GAHI.r.~ COUII'I;Surm IOl '"""'"·"rmttro••glhelawfinii.CQm
I'LANO, 'l'JlXAS 7S07S
Page 13 of 20 Exhibit A- Page 1
Page- 3
NO. DC-13-14542
LARRY RIPALDI, § IN THE DISTRICT COURT
Plaintiff, §
§
v. § 10lst JUDICIAL DISTRICT
§
LANCE STOKES, §
Defendant. § OF DALLAS COUNTY, TEXAS
NOTICE OF ORAL DEPOSITION
TO: Defendant, Lance Stckes by and through his attorney of record, Michael T.
Savage, Ackerman & Savage, L.L.C., 8226 Douglas Avenue, Suite 330, Dallas,
Texas 75225
You are hereby notified that on August 13, 2014 beginning at 10:00 a.m., at
Armstrong The Law Firm, P.C., 1400 Gables Court, Plano, Texas 75075, Plaintiff Larry
Ripaldi will take the deposition of Defendant Lance Stokes on oral examination before an
officer authorized tc take such depositions.
Such deposition shall continue from day to day until completed. The deposition
shall be used for purposes of discovery and may be introduced as evidence at the trial of
the above-entitled action.
NOTICE OF ORAL DEPOSITION PAGE 1 OF2
Page 14 of 20 Exhibit A • Page 2
Page- 4
Respectfully submitted,
ARMSTRONG, THE LAW FIRM, P.C.
L.
1400 Gables Court, Suite I 03
Plano, Texas 75075
(972) 424-5297
(972) 516-0577 FAX
ric@armstrongthelawfirm.com
State Dar J.D. No. 0 1322200
A'ITORNEYS POR PLAINTIFF
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that a true and correct copy of the foregoing
"Notice of Oral Deposition " was served on all counsel of record in compliance with the
TEXAS RULES 01' CIVIL PROCEDURE 2! and 2!a on 3rd day of July, 2014.
NOTICE OF 01lAL DEPOSITION PAC;E20F2
Page 15 of 20 Exhibit A- Page 3
Page· 5
Exhibit "C"
Page 16 of 20
Cathy Blasberg
From: Richard L. Armstrong [richard@armstrongthelawfirm.coml
Sent: Thursday, May 29, 2014 12:07 PM
To: 'Michael Savage'
Cc: 'Cathy Blasberg'
Subject: Discovery
Michael,
I have reviewed your discovery responses served on us earlier.
In regard to your responses to our First Request for Production, while preserving our right to challenge any or
all of your objections, I would like to receive the documents and things that you agreed to produce in your
responses. Please let me know if you are willing to produce them via mail, flash drive or similar means, or
whether I must come to your office to view them. Please let me have your response to this request by Monday,
June 2nd.
In regard to your responses to our Request for Admissions and Interrogatories, based on your responses I will
need to take your client's deposition. Please let me know dates that he could be available for his deposition at
your office during the months of June and July.
Thank you.
Armstrong
THE LAW FIRM, P.C.
"Our Knowletlge. Your Power." sM
www.ArmstrongTheLawFirm.com
A-V Rated- Martindale-Hubbell Peer Review
RICHARD L. ARMSTRONG
ric@armstronqthelawfirm.com
1400 Gables Court, Suite 103
Plano, Texas 75075
Ph: 972.424.5297
Fx: 972.516.0577
CONFIDENTIALITY NOTICE
"THIS E-MAIL IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C., SECTIONS 2510-2521. THE
INFORMATION CONTAINED IN THIS E-MAIL MESSAGE AND DOCUMENTS ACCOMPANYING SAME ARE LEGALLY PRIVILEGED AND
CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED HEREIN. IF THE READER OF THIS
MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION/DISTRIBUTION OR COPY OF THIS
E-MAIL IS STRICTLY PROHIBITED. IF YOU RECEIVED THIS E-MAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND
RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE."
"THIS COMMUNICATION DOES NOT REFLECT AN INTENTION BY THE SENDER, OR BY HIS CLIENT OR PRINCIPAL, TO CONDUCT ANY
TRANSACTION OR MAKE ANY AGREEMENT BY ELECTRONIC OR OTHER MEANS. NOTHING CONTAINED IN THIS COMMUNICATION OR
ANY ATTACHMENT THERETO SHALL BE DEEMED TO SATISFY THE REQUIREMENTS FOR A 'WRITING', AND NOTHING CONTAINED
THEREIN SHALL CONSTITUTE A CONTRACT OR ELECTRONIC SIGNATURE UNDER THE 'ELECTRONIC SIGNATURES IN GLOBAL AND
NATIONAL COMMERCE ACT, ANY VERSION OF THE ELECTRONIC TRANSACTIONS ACT, OR ANY OTHER STATUTE GOVERNING
ELECTRONIC TRANSACTIONS."
Page 17 of 20
1
Cathy Blasberg
From: Richard L. Armstrong [richard@armstrongthelawfirm.com]
Sent: Wednesday, June 11,2014 10:27 AM
To: 'Michael Savage'
Cc: 'Cathy Blasberg'
Subject: Second request for document production; Request for deposition dates
Michael,
This follows a previous request I made for document production on by email on May 29th. In that email I
requested the documents and things you agreed to produce in your responses to our First Request for
Production, while maintaining our existing objections. Please let me know if you are willing to produce the
compliant items by mail, flash drive, or similar means, or whether I must come to your office to view them.
Please also let me know dates that your client could be available for his deposition at your office during the
months of June and July.
Kindly let me have your response by Friday, June 13. Thanks.
Thank you.
Armstrong
THE lAW FIRM, I'.C.
"Our Knowletlge. Your Power." sM
www.ArmstrongTheLawFirm.com
A-V Rated- Martindale-Hubbell Peer Review
RICHARD L. ARMSTRONG
ric@armstrongthelawfirm.com
1400 Gables Court, Suite 103
Plano, Texas 75075
Ph: 972.424.5297
Fx: 972.516.0577
CONFIDENTIALITY NOTICE
"THIS E-MAIL IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C., SECTIONS 2510-2521. THE
INFORMATION CONTAINED IN THIS E-MAIL MESSAGE AND DOCUMENTS ACCOMPANYING SAME ARE LEGALLY PRIVILEGED AND
CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED HEREIN. IF THE READER OF THIS
MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION/DISTRIBUTION OR COPY OF THIS
E-MAIL IS STRICTLY PROHIBITED. IF YOU RECEIVED THIS E-MAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND
RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE."
"THIS COMMUNICATION DOES NOT REFLECT AN INTENTION BY THE SENDER, OR BY HIS CLIENT OR PRINCIPAL, TO CONDUCT ANY
TRANSACTION OR MAKE ANY AGREEMENT BY ELECTRONIC OR OTHER MEANS. NOTHING CONTAINED IN THIS COMMUNICATION OR
ANY ATTACHMENT THERETO SHALL BE DEEMED TO SATISFY THE REQUIREMENTS FOR A 'WRITING', AND NOTHING CONTAINED
THEREIN SHALL CONSTITUTE A CONTRACT OR ELECTRONIC SIGNATURE UNDER THE 'ELECTRONIC SIGNATURES IN GLOBAL AND
NATIONAL COMMERCE ACT, ANY VERSION OF THE ELECTRONIC TRANSACTIONS ACT, OR ANY OTHER STATUTE GOVERNING
ELECTRONIC TRANSACTIONS."
Page 18 of 20
I
Cathy Blasberg
From: Cathy Blasberg [legalasst@armstrongthelawfirm.com]
Sent: Friday, June20, 201411:17 AM
To: 'mtsavage@ackermansavage.com'
Cc: 'Ric@armstrongthelawfirm.com'
Subject: Ripaldi vs. Stokes
Attachments: Michael Savage 06-20-14.pdf
Mr. Savage:
Please see the attached important correspondence from Mr. Armstrong, which requires your immediate
attention.
Respectfully,
Cathy Biasberg
Legal Assistant
Armstrong The Law Firm, P.C.
1400 Gables Court, Suite 103
Plano, Texas 75075
P. 972.424.5297
F. 972.516.0577
legalasst@ArmstrongTheLawFirm.com
CONFIDENTIALITY NOTICE
"THIS E-MAIL IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C., SECTIONS 2510-2521. THE INFORMATION CONTAINED IN THIS
E-MAIL MESSAGE AND DOCUMENTS ACCOMPANYING SAME ARE LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE
INDIVIDUAL OR ENTITY NAMED HEREIN. IFTHE READER OF THIS MESSAGE ISNOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION/DISTRIBUTION OR COPY OF THIS E-MAIL IS STRICTLY PROHIBITED.
IF YOU RECEIVED THIS E-MAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY US
11
BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE.
"THIS COMMUNICATION DOES NOT REFLECT AN INTENTION BY THE SENDER, OR BY HIS CLIENT OR PRINCIPAL, TO CONDUCT ANY TRANSACTION OR MAKE ANY
AGREEMENT BY ELECTRONIC OR OTHER MEANS. NOTHING CONTAINED IN THIS COMMUNICATION OR ANY ATTACHMENT THERETO SHALL BE DEEMED TO SATISFY
1 1
THE REQUIREMENTS FOR A WRITING , AND NOTHING CONTAINED THEREIN SHALL CONSTITUTE A CONTRACT OR ELECTRONIC SIGNATURE UNDER THE
1
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, ANY VERSION OF THE ELECTRONIC TRANSACTIONS ACT, OR ANY OTHER STATUTE
11
GOVERNING ELECTRONIC TRANSACTIONS.
Page 19 of 20
1
Richard L. Armstrong, Esq. p, 972.424.5297
Roy L. Reeves, Of Counsel p, 972.5!6.0577
June 20,2014
Michael T. Savage
Ackerman & Savage, L. L. C. Via FCM & Email
8226 Douglas Avenue, Suite 330
Dallas, Texas 75225
RE: Larry Ripaldi vs. Lance Stokes
Cause No: DC-13-14542; 101 ''District Comt of Dallas County
Dear Michael:
As you know, on several previous occasions, I have requested the docmnents and things
you agreed to produce in Defendants' responses to out· First Request for Production. I have not
heard from you in regard to when, where or how I may obtain compliant documents. I believe
your response said they would be produced at a "mutually convenient time and location." My
office is convenient, and I request that you produce the documents by scanned email or mailed
flash drive (if voluminous). If you require that I drive to your office to view the documents, I will
make arrangements to do so, but I need to know dates and times you have available. Either way,
this will be my last request infmmally before I must file a motion to compel.
I have also previously requested several times, dates your client could be available for
deposition over the next couple of months. I have not heard back from you in this regard. Please
let me know such dates by June 2ih, or I will necessatily have to notice you for a date that may
be convenient to us only.
RLA:ccb
cc: Larry Ripaldi
Page 20 of 20
t·ic@at-mstrongthelawjinn.com 1400 GABLES COURT, SUITE 103 wWuJ.armstrongthelawfi1'm.com
PLANO, TEXAS 75075
Preview
FILED DALLAS COUNTY 7/30/2014 3:18:49 PM GARY FITZSIMMONS DISTRICT CLERK NO. DC-13-14542 LARRY RIPALDI, § IN THE DISTRICT COURT Plaintiff, § § v. § 101st JUDICIAL DISTRICT § LANCE STOKES, § Defendant § OF DALLAS COUNTY MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, LARRY RIPALDI, Plaintiff in the above-numbered and entitled cause, and files this his Motion to Compel Deposition of Defendant and for Sanctions and, pursuant to Texas Rule of Civil Procedure 215, seeks an order compelling Defendant Lance Stokes to appear for the taking of his deposition, and as grounds therefor would respectfully show the Court as follows: 1. Solely because of the Defendant's consistent failure to respond to deposition overtures, on July 3, 2014, Plaintiff served upon Defendant his Notice of Oral Deposition specifying a date convenient to him only. A true and correct copy MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS PAGE10F6 Page 1 of 20 of the notice is attached hereto as Exhibit "A" and fully incorporated herein by reference. 2. Defendant, on July 9, 2014, E-filed and B-served his Motion to Quash Plaintiffs Notice of Oral Deposition. A true and correct copy of such motion is attached as Exhibit "B" and fully incorporated herein by reference. As is shown, in Defendant's motion, he objects to the time, date and location of the deposition. Defendant states that the deposition should be held at the office of Ackerman & Savage, L.L.P., 8226 Douglas Avenue, Suite 330, Dallas, Texas 75225. However, to date, Defense counsel has utterly failed to communicate with Plaintiffs counsel or to contact Plaintiffs counsel in an attempt to schedule an alternate date or alternate location, nor was any proposed alternate date or location referenced in the Motion to Quash. Clearly, Defendant's sole purpose in quashal is to obstruct necessary discovery. 3. Being aware of the approaching discovery deadline in this case, Plaintiffs counsel contacted Defense counsel by email on May 29,2014, and June 11, 2014, and on June 20, 2014 by email and mailed letter, requesting the dates that Defendant could be available for his deposition at defense counsel's office. True and correct copies of such emails and letter to Defendant's attorney in this regard MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS PAGE20F6 Page 2 of 20 are attached hereto as Exhibit "C" and incorporated herein by reference. Defense counsel has never made response to such communications seeking to agree upon deposition dates. ORDER COMPELLING APPEARANCE 4. Plaintiff seeks an order from this Court compelling Defendant to appear for a deposition at the office of Plaintiffs attorney officeon August 19, 2014 at 10:00 a.m, or on October 7, 2014 at 10:00 a.m. REQUEST TO OVERRULE MOTION TO QUASH 5. In addition, Plaintiff would show that Defendant's Motion to Quash Plaintiffs Notice of Deposition is groundless, and should be overruled, because Plaintiff had previously offered to have the deposition at the office of defense counsel. Only after Defendant's repeated failure to respond to informal overtures to take his deposition, did Plaintiff issue notice for a deposition at Plaintiffs counsel's office requiring defense counsel to produce Defendant for the taking of his deposition. Defendant's Motion to Quash should be overruled. 6. Defendant has forced Plaintiff to file this motion by its continued failure to produce the Defendant for his deposition, as well as his continued lack of communication in scheduling the deposition of Defendant. Accordingly, pursuant MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS PAGE30F6 Page 3 of 20 to TEX. R. Civ. PRO. 215.l(d), Plaintiff is entitled to recover all reasonable and necessary attorney's fees andexpenses incurred in bringing this motion. SANCTIONS 7. Owing to Defendant's conduct evidencing an intent to obstruct discovery, Plaintiff is entitled to reasonable sanctions, pursuant to TEX. R. CIV. P. 215.2 (b). Specifically, Plaintiff seeks an order charging the taxable court costs of the deposition, i.e., the costs of the court reporter, against the Defendant. WHEREFORE, Plaintiff prays that, upon notice and hearing, Defendant be compelled and ordered to submit to a deposition on either August 19, 2014 beginning at 10:00 a.m, or on October 7, 2014 beginning at 10:00 a.m. at Armstrong The Law Firm, P.C., 1400 Gables Court, Plano, Texas 75075, for Plaintiffs reasonable attorneys fees and expenses, for sanctions, and for appropriate general relief in accordance withTEX. R. CIV. PRO. 215. MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS Page 4 of 20 PAGE40F6 Respectfully submitted, By: ~~@~~~'(AI.~ Ric a L. Armstrong 1400 Gables Court, Suite I 03 Plano, Texas 75075 (972) 424-5297 (972) 516-0577 FAX ric@armstrongthelawfirm.com State Bar I.D. No. 01322200 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF CONFERENCE Counsel for Movant has personally attempted to contact the counsel for Respondent to resolve the matters presented as follows: By email sent July 29, 2014 at 1210 p.m.; By email sent July 30,2014 9:51a.m.; and By phone call and voice mail message on July 30, 2014 at 2:17p.m. Counsel for the Movant has caused to be delivered to counsel for Respondent, and counsel for Respondent has received an emailed copy of the proposed motion. At least one attempt to contact the counsel for Respondent followed the receipt by counsel for Respondent of the proposed motion. Counsel for Respondent has failed to respond or attempt to resolve the matters presented. MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS Page 5 of 20 PAGE50F6 CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that a true and correct copy of the foregoing motion was served on all counsel of record in compliance with the TEXAS MOTION TO COMPEL DEPOSITION OF DEFENDANT AND FOR SANCTIONS Page 6 of 20 PAGE 6 OF6 Exhibit "A" Page 7 of 20 NO. DC-13-14542 LARRY RIPALDI, § IN THE DISTRICT COURT Plaintiff, § § v. § 101st JUDICIAL DISTRICT § LANCE STOKES, § Defendant. § OF DALLAS COUNTY, TEXAS NOTICE OF ORAL DEPOSITION TO: Defendant, Lance Stokes by and through his attorney of record, Michael T. Savage, Ackerman & Savage, L.L.C., 8226 Douglas Avenue, Suite 330, Dallas, Texas 75225 You are hereby notified that on August 13, 2014 beginning at 10:00 a.m., at Armstrong The Law Firm, P.C., 1400 Gables Court, Plano, Texas 75075, Plaintiff LatTy Ripaldi will take the deposition of Defendant Lance Stokes on oral examination before an officer authorized to take such depositions. Such deposition shall continue from day to day until completed. The deposition shall be used for purposes of discovery and may be introduced as evidence at the trial of the above-entitled action. Page 8NOTICE of 20 OF ORAL DEPOSITION PAGE I OF2 Respectfully submitted, ARMSTRONG, THE LAW FIRM, P.C. B ~,,.·"''ard L. Ar stron 1400 Gables Court, Suite I 03 Plauo, Texas 75075 (972) 424-5297 (972) 516-0577 FAX ric@armstrongthelawfirm.com State Bar J.D. No. 01322200 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE The undersigned attorney hereby cettifies that a true and correct copy of the foregoing "Notice of Oral Deposition " was served on all counsel of record in compliauce with the TEXAS RULES OF CIVIL PROCEDURE 21 and 2!a on thi e 3rd day of July, 2014. PAGE20F2 Page 9 of 20 NOTICE OF ORAL DEPOSITION Exhibit "B" Page 10 of 20 FILED DALLAS COUNTY 7/9/2014 4:54:16 PM GARY FITZSIMMONS DISTRICT CLERK NO. DC-13-14542 LARRY RIP ALDI § IN THE DISTRICT COURT Plaintiff, § § v. § 101 sr JUDICIAL DISTRICT § LANCE STOKES § Defendant. § DALLAS COUNTY, TEXAS MOTION TO OUASH PLAINTIFF'S NOTICE OF ORAL DEPOSITION TO THE HONORABLE JUDGE OF THIS COURT: NOW COMES Lance Stokes, Defendant in the above entitled and numbered cause of action, and files this Motion to Quash Plaintiff's Notice of Oral Deposition, and as grounds therefore, would respectfully show: I. On July 3, 2014, at 5:25 p.m. and 5:38 p.m., by email and fax respectively, Plaintiff served upon Counsel for Defendant the Notice of Deposition which is attached hereto as Exhibit "A." This motion isfiled within three days of the date of the Notices of Deposition, therefore the deposition is automatically stayed until the motion can be determined. See TRCP 199.4, Dallas County Local Rule 2.12. II. Defendant objects to the time, date and location of the deposition. The deposition should be held at the office of Ackerman & Savage, L.L.P., 8226 Douglas Avenue, Suite 330, Dallas Texas 75225. III. WHEREFORE, PREMISES CONSIDERED, Defendant prays that Court issue an order MOTION TO QUASH PLAINTIFF'S NOTICE OF ORAL DEPOSITION Page I PLD-l71090.do;: Page 11 of 20 Page. 1 quashing Plaintiff's Notice of Oral Deposition. Respectfully submitted, ACKERMAN & SAVAGE, L.L.C. Attorneys and Counselors 8226 Douglas Avenue, Suite 330 Dallas, Texas 75225 (214) 346-4200 (Telephone) (214) 346-4201 (Facsimile) By: Is/Michael T. Savage W. RANDAL ACKERMAN State Bar No. 00832475 MICHAEL T. SAVAGE State Bar No. 17688805 mtsavage@ackermansavage.com STEVEN T. RAMOS State Bar No. 00784812 ramos@ackermansavage.com ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I certify that a true and correct copy of Motion to Quash Plaintiff's Notice of Oral Deposition has, this 91h day of July, 2014, been sent by certified mail, return receipt requested, and by facsimile to: Richard L. Armstrong viafacsimile: 972-516-0577 ARMSTRONG, The Law Firm, P.C. first class mail 1400 Gables Court, Suite 103 Plano, Texas 75075 Is/Michael T. Savage MICHAEL T. SAVAGE MOTION TO QUASH PLAINTIFF'S NOTICE OF ORAL DEPOSITION Page 2 PLD-171 090.do;; Page 12 of 20 Page M2 1\ich:~nl L. Armurong. H.stl· 1': 972.42oi.S297 lluy l.. llcCVCll, 0( C'..uun~l 1': 972.516.0577 July 3, 2014 Michael T. Savage Ackerman & Savage, L.L.C. Via Fnx & Email 8226 Douglas Avenue, Suite 330 Dallas, Texas 75225 RE: Larry Ripaldi vs. Lance Stokes Cause No: DC-13-14542 In tile lOlst Jmllcial District Conrt ofDallas Connty Dear Mr. Savage: Enclosed please find a Notice of Oral Deposition in the above referenced case. Respectfully, Cathy Blasberg Legal Assistant to Richard L. Armstrong Enclosures ·-----------------------·-·· l'ic@nrmJtrdngtllelniP/Irtii,C0/11 1400 GAHI.r.~ COUII'I;Surm IOl '"""'"·"rmttro••glhelawfinii.CQm I'LANO, 'l'JlXAS 7S07S Page 13 of 20 Exhibit A- Page 1 Page- 3 NO. DC-13-14542 LARRY RIPALDI, § IN THE DISTRICT COURT Plaintiff, § § v. § 10lst JUDICIAL DISTRICT § LANCE STOKES, § Defendant. § OF DALLAS COUNTY, TEXAS NOTICE OF ORAL DEPOSITION TO: Defendant, Lance Stckes by and through his attorney of record, Michael T. Savage, Ackerman & Savage, L.L.C., 8226 Douglas Avenue, Suite 330, Dallas, Texas 75225 You are hereby notified that on August 13, 2014 beginning at 10:00 a.m., at Armstrong The Law Firm, P.C., 1400 Gables Court, Plano, Texas 75075, Plaintiff Larry Ripaldi will take the deposition of Defendant Lance Stokes on oral examination before an officer authorized tc take such depositions. Such deposition shall continue from day to day until completed. The deposition shall be used for purposes of discovery and may be introduced as evidence at the trial of the above-entitled action. NOTICE OF ORAL DEPOSITION PAGE 1 OF2 Page 14 of 20 Exhibit A • Page 2 Page- 4 Respectfully submitted, ARMSTRONG, THE LAW FIRM, P.C. L. 1400 Gables Court, Suite I 03 Plano, Texas 75075 (972) 424-5297 (972) 516-0577 FAX ric@armstrongthelawfirm.com State Dar J.D. No. 0 1322200 A'ITORNEYS POR PLAINTIFF CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that a true and correct copy of the foregoing "Notice of Oral Deposition " was served on all counsel of record in compliance with the TEXAS RULES 01' CIVIL PROCEDURE 2! and 2!a on 3rd day of July, 2014. NOTICE OF 01lAL DEPOSITION PAC;E20F2 Page 15 of 20 Exhibit A- Page 3 Page· 5 Exhibit "C" Page 16 of 20 Cathy Blasberg From: Richard L. Armstrong [richard@armstrongthelawfirm.coml Sent: Thursday, May 29, 2014 12:07 PM To: 'Michael Savage' Cc: 'Cathy Blasberg' Subject: Discovery Michael, I have reviewed your discovery responses served on us earlier. In regard to your responses to our First Request for Production, while preserving our right to challenge any or all of your objections, I would like to receive the documents and things that you agreed to produce in your responses. Please let me know if you are willing to produce them via mail, flash drive or similar means, or whether I must come to your office to view them. Please let me have your response to this request by Monday, June 2nd. In regard to your responses to our Request for Admissions and Interrogatories, based on your responses I will need to take your client's deposition. Please let me know dates that he could be available for his deposition at your office during the months of June and July. Thank you. Armstrong THE LAW FIRM, P.C. "Our Knowletlge. Your Power." sM www.ArmstrongTheLawFirm.com A-V Rated- Martindale-Hubbell Peer Review RICHARD L. ARMSTRONG ric@armstronqthelawfirm.com 1400 Gables Court, Suite 103 Plano, Texas 75075 Ph: 972.424.5297 Fx: 972.516.0577 CONFIDENTIALITY NOTICE "THIS E-MAIL IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C., SECTIONS 2510-2521. THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE AND DOCUMENTS ACCOMPANYING SAME ARE LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED HEREIN. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION/DISTRIBUTION OR COPY OF THIS E-MAIL IS STRICTLY PROHIBITED. IF YOU RECEIVED THIS E-MAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE." "THIS COMMUNICATION DOES NOT REFLECT AN INTENTION BY THE SENDER, OR BY HIS CLIENT OR PRINCIPAL, TO CONDUCT ANY TRANSACTION OR MAKE ANY AGREEMENT BY ELECTRONIC OR OTHER MEANS. NOTHING CONTAINED IN THIS COMMUNICATION OR ANY ATTACHMENT THERETO SHALL BE DEEMED TO SATISFY THE REQUIREMENTS FOR A 'WRITING', AND NOTHING CONTAINED THEREIN SHALL CONSTITUTE A CONTRACT OR ELECTRONIC SIGNATURE UNDER THE 'ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, ANY VERSION OF THE ELECTRONIC TRANSACTIONS ACT, OR ANY OTHER STATUTE GOVERNING ELECTRONIC TRANSACTIONS." Page 17 of 20 1 Cathy Blasberg From: Richard L. Armstrong [richard@armstrongthelawfirm.com] Sent: Wednesday, June 11,2014 10:27 AM To: 'Michael Savage' Cc: 'Cathy Blasberg' Subject: Second request for document production; Request for deposition dates Michael, This follows a previous request I made for document production on by email on May 29th. In that email I requested the documents and things you agreed to produce in your responses to our First Request for Production, while maintaining our existing objections. Please let me know if you are willing to produce the compliant items by mail, flash drive, or similar means, or whether I must come to your office to view them. Please also let me know dates that your client could be available for his deposition at your office during the months of June and July. Kindly let me have your response by Friday, June 13. Thanks. Thank you. Armstrong THE lAW FIRM, I'.C. "Our Knowletlge. Your Power." sM www.ArmstrongTheLawFirm.com A-V Rated- Martindale-Hubbell Peer Review RICHARD L. ARMSTRONG ric@armstrongthelawfirm.com 1400 Gables Court, Suite 103 Plano, Texas 75075 Ph: 972.424.5297 Fx: 972.516.0577 CONFIDENTIALITY NOTICE "THIS E-MAIL IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C., SECTIONS 2510-2521. THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE AND DOCUMENTS ACCOMPANYING SAME ARE LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED HEREIN. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION/DISTRIBUTION OR COPY OF THIS E-MAIL IS STRICTLY PROHIBITED. IF YOU RECEIVED THIS E-MAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE." "THIS COMMUNICATION DOES NOT REFLECT AN INTENTION BY THE SENDER, OR BY HIS CLIENT OR PRINCIPAL, TO CONDUCT ANY TRANSACTION OR MAKE ANY AGREEMENT BY ELECTRONIC OR OTHER MEANS. NOTHING CONTAINED IN THIS COMMUNICATION OR ANY ATTACHMENT THERETO SHALL BE DEEMED TO SATISFY THE REQUIREMENTS FOR A 'WRITING', AND NOTHING CONTAINED THEREIN SHALL CONSTITUTE A CONTRACT OR ELECTRONIC SIGNATURE UNDER THE 'ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, ANY VERSION OF THE ELECTRONIC TRANSACTIONS ACT, OR ANY OTHER STATUTE GOVERNING ELECTRONIC TRANSACTIONS." Page 18 of 20 I Cathy Blasberg From: Cathy Blasberg [legalasst@armstrongthelawfirm.com] Sent: Friday, June20, 201411:17 AM To: 'mtsavage@ackermansavage.com' Cc: 'Ric@armstrongthelawfirm.com' Subject: Ripaldi vs. Stokes Attachments: Michael Savage 06-20-14.pdf Mr. Savage: Please see the attached important correspondence from Mr. Armstrong, which requires your immediate attention. Respectfully, Cathy Biasberg Legal Assistant Armstrong The Law Firm, P.C. 1400 Gables Court, Suite 103 Plano, Texas 75075 P. 972.424.5297 F. 972.516.0577 legalasst@ArmstrongTheLawFirm.com CONFIDENTIALITY NOTICE "THIS E-MAIL IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C., SECTIONS 2510-2521. THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE AND DOCUMENTS ACCOMPANYING SAME ARE LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED HEREIN. IFTHE READER OF THIS MESSAGE ISNOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION/DISTRIBUTION OR COPY OF THIS E-MAIL IS STRICTLY PROHIBITED. IF YOU RECEIVED THIS E-MAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY US 11 BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE. "THIS COMMUNICATION DOES NOT REFLECT AN INTENTION BY THE SENDER, OR BY HIS CLIENT OR PRINCIPAL, TO CONDUCT ANY TRANSACTION OR MAKE ANY AGREEMENT BY ELECTRONIC OR OTHER MEANS. NOTHING CONTAINED IN THIS COMMUNICATION OR ANY ATTACHMENT THERETO SHALL BE DEEMED TO SATISFY 1 1 THE REQUIREMENTS FOR A WRITING , AND NOTHING CONTAINED THEREIN SHALL CONSTITUTE A CONTRACT OR ELECTRONIC SIGNATURE UNDER THE 1 ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, ANY VERSION OF THE ELECTRONIC TRANSACTIONS ACT, OR ANY OTHER STATUTE 11 GOVERNING ELECTRONIC TRANSACTIONS. Page 19 of 20 1 Richard L. Armstrong, Esq. p, 972.424.5297 Roy L. Reeves, Of Counsel p, 972.5!6.0577 June 20,2014 Michael T. Savage Ackerman & Savage, L. L. C. Via FCM & Email 8226 Douglas Avenue, Suite 330 Dallas, Texas 75225 RE: Larry Ripaldi vs. Lance Stokes Cause No: DC-13-14542; 101 ''District Comt of Dallas County Dear Michael: As you know, on several previous occasions, I have requested the docmnents and things you agreed to produce in Defendants' responses to out· First Request for Production. I have not heard from you in regard to when, where or how I may obtain compliant documents. I believe your response said they would be produced at a "mutually convenient time and location." My office is convenient, and I request that you produce the documents by scanned email or mailed flash drive (if voluminous). If you require that I drive to your office to view the documents, I will make arrangements to do so, but I need to know dates and times you have available. Either way, this will be my last request infmmally before I must file a motion to compel. I have also previously requested several times, dates your client could be available for deposition over the next couple of months. I have not heard back from you in this regard. Please let me know such dates by June 2ih, or I will necessatily have to notice you for a date that may be convenient to us only. RLA:ccb cc: Larry Ripaldi Page 20 of 20 t·ic@at-mstrongthelawjinn.com 1400 GABLES COURT, SUITE 103 wWuJ.armstrongthelawfi1'm.com PLANO, TEXAS 75075