On July 28, 2021 a
Subpoena Filed - YAHOO, INC. - CUSTODIAN OF RECORDS
was filed
involving a dispute between
Comack Investments, L.P.,
and
Audie E. Ray Real Estate Lending,
Brown, Penny,
Cantu, Mayella,
Goldcat, Llc,
King, John,
Kleberg Bank, N.A.,
M.A.R. Designs & Construction, Inc.,
Mora, Saulo,
Penny Investments, Inc.,
Rodriguez, Aracely,
Rodriguez, Mario,
Sierra Title Of Hidalgo County, Inc.,
Ssb Homes, Inc.,
The Edinburg Investment Company,
Valdez, Juan,
Ybk Investments, Llc,
for Contract - Consumer/Commercial/Debt (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
11/15/2022 10:04 AM
Hidalgo County District Clerks
Reviewed By: Jose Luis Landa
CAUSE NO. C-2975-21-G
COMACK INVESTMENTS, L.P. § IN THE DISTRICT COURT
Plaintiff, §
§
§
v. §
§
M.A.R. DESIGNS & §
CONSTRUCTION, INC., MARIO § HIDALGO COUNTY, TEXAS
RODRIGUEZ, JUAN VALDEZ, §
MAYELLA CANTU, JOHN R. §
KING, SIERRA TITLE OF §
HIDALGO COUNTY, INC., YBK §
INVESTMENTS, LLC, GOLDCAT, §
LLC, KLEBERG BANK, N.A., §
PENNY INVESTMENTS, INC. § 370TH JUDICIAL DISTRICT
Defendants.
DEPOSITION SUBPOENA TO TESTIFY AND PRODUCE DOCUMENTS
OR THINGS
TO: Yahoo, Inc. - Custodian of Records
c/o CT Corporation
1999 Bryan Street
Suite 900
Dallas, Texas 75201
GREETINGS:
You are hereby commanded to produce and permit inspection and copying of
the documents or tangible things in your possession, custody, or control that are
described on “Exhibit A” attached hereto by 12:00 p.m. November 15, 2022. You must
produce such documents by delivering them: (1) hard copy or on a thumb drive at the
offices of Eggleston King Davis, LLP, 102 Houston Ave., Suite 300, Weatherford,
Texas 76086; or (2) electronically via email to michael@ekdlaw.com.
FAILURE TO OBEY THIS SUBPOENA MAY BE TREATED AS A
CONTEMPT OF COURT. TEXAS RULE OF CIVIL PROCEDURE 176.8(a)
PROVIDES: Failure by any person without ad^i^t^ excuse to obey a subpoena
Deposition Subpoena to Testify and Produce Documents ^BACHED — Page 1
Electronically Filed
11/15/2022 10:04 AM
Hidalgo County District Clerks
Reviewed By: Jose Luis Landa
CAUSE NO. C-2975-21-G
COMACK INVESTMENTS, L.P. § IN THE COURT OF
§
Plaintiff, §
VS. § 370TH JUDICAL DISTRICT
§
M.A.R. DESIGNS & CONSTRUCTION, INC., MARIO §
RODRIGUEZ, JUAN VALDEZ, MAYELLA CANTU, JOHN R.
KING, SIERRA TITLE OF HIDALGO COUNTY, INC., YBK
INVESTMENTS, LLC, GOLDCAT, LLC, KLEBERG BANK,
N.A., PENNY INVESTMENTS, INC
Defendant. § HILDAGO COUNTY,
AFFIDAVIT OF SERVICE
On this day personally appeared Greg Allen who, being by me duly sworn, deposed and said:
"The following came to hand on Nov 2, 2022, 10:52 am,
DEPOSITION SUBPOENA TO TESTIFY AND PRODUCE DOCUMENTS OR THINGS WITH AFFIDAVIT,
and was executed at 1999 Bryan St SUITE 900, Dallas, TX 75201 within the county of DALLAS at 09:48 AM on Tue, Nov
08 2022, by delivering a true copy of the DEPOSITION SUBPOENA TO TESTIFY AND PRODUCE DOCUMENTS ORTHINGS
WITH AFFIDAVIT, to the within named
YAHOO, INC. - CUSTODIAN OF RECORDS C/O CT CORPORATION
in person, having first endorsed the date of delivery on same.
I am a person over eighteen (18) years of age and I am competent to make this affidavit. I am a resident of the State of
Texas. I am familiar with the Texas Rules of Civil Procedure as they apply to service of Process. I am not a party to this
suit nor related or affiliated with any herein, and have no interest in the outcome of the suit. I have never been convicted
of a felony or of a misdemeanor involving moral turpitude. I have personal knowledge of the facts stated herein and they
are true and correct."
Greg Allen
Certification Number: PSC 6961
Certification Expiration: 6/30/21
BEFORE ME, a Notary Public, on this day personally appeared Greg Allen, known to me to be the person whose name is
subscribed to the foregoing document and, being by me first duly sworn, declared the Statements therein contained
are within his or her personal knowledge and are true and correct.
SUBSCRIBED AND SWORN TO ME ON
Notary Public, exas
JERRETT W JOSLIN
Notary ID#131208539
My Commission Expires
July 23, 2025
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Sundee Barnes on behalf of Michael Farmer, Jr.
Bar No. 24121963
sundee@ekdlaw.com
Envelope ID: 70175130
Status as of 11/15/2022 10:15 AM CST
Associated Case Party: Comack Investments, L.P.
Name BarNumber Email TimestampSubmitted Status
Jack Eggleston jack@ekdlaw.com 11/15/2022 10:04:31 AM SENT
Michael Farmer michael@ekdlaw.com 11/15/2022 10:04:31 AM SENT
Denease Denson denease@ekdlaw.com 11/15/2022 10:04:31 AM SENT
Cherie Walter cherie@ekdlaw.com 11/15/2022 10:04:31 AM SENT
Associated Case Party: John King
Name BarNumber Email TimestampSubmitted Status
Robert LGuerra rguerra@thorntonfirm.com 11/15/2022 10:04:31 AM SENT
Associated Case Party: Penny Investments, Inc.
Name BarNumber Email TimestampSubmitted Status
Daniel Koeneke daniel@ekrattorneys.com 11/15/2022 10:04:31 AM SENT
Associated Case Party: YBK Investments, LLC
Name BarNumber Email TimestampSubmitted Status
Ronald G. Hole 9834200 Mail@HoleAlvarez.com 11/15/2022 10:04:31 AM SENT
Associated Case Party: Sierra Title of Hidalgo County, Inc.
Name BarNumber Email TimestampSubmitted Status
David Hargis David.Hargis@lewisbrisbois.com 11/15/2022 10:04:31 AM SENT
Randy Lopez randy.lopez@lewisbrisbois.com 11/15/2022 10:04:31 AM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Sundee Barnes on behalf of Michael Farmer, Jr.
Bar No. 24121963
sundee@ekdlaw.com
Envelope ID: 70175130
Status as of 11/15/2022 10:15 AM CST
Associated Case Party: Sierra Title of Hidalgo County, Inc.
Deborah Husband Deborah.Husband@lewisbrisbois.com 11/15/2022 10:04:31 AM ERROR
Associated Case Party: Juan Valdez
Name BarNumber Email TimestampSubmitted Status
MELANIE BARRIETNEZ MEL@POPEPENA.COM 11/15/2022 10:04:31 AM SENT
Jay Pena j.pena@popepena.com 11/15/2022 10:04:31 AM SENT
Pope & Pena PC info@popepena.com 11/15/2022 10:04:31 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
DAVID D.RAPP DAVID@EKTEXAS.COM 11/15/2022 10:04:31 AM SENT
DAVID RAPP MICHAEL@EKTEXAS.COM 11/15/2022 10:04:31 AM SENT
DAVID RAPP JACK@EKTEXAS.COM 11/15/2022 10:04:31 AM SENT
ROLANDO CANTU RCANTU@CANTULAWFIRM.COM 11/15/2022 10:04:31 AM SENT
Jann Pigg jann.pigg@lewisbrisbois.com 11/15/2022 10:04:31 AM SENT
Juan Angel Guerra 8581320 juanangelguerra1983@gmail.com 11/15/2022 10:04:31 AM SENT
anthony cruz anthony.cruz@lewisbrisbois.com 11/15/2022 10:04:31 AM SENT
Halley Yzquierdo Halley.Yzquierdo@lewisbrisbois.com 11/15/2022 10:04:31 AM SENT
DAVID RAPP DAVID@EKDLAW.COM 11/15/2022 10:04:31 AM SENT
RONALD HOLE MAIL@HOLEALVAREZ.COM 11/15/2022 10:04:31 AM SENT
JAY PENA N.PENA@POPEPENA.COM 11/15/2022 10:04:31 AM SENT
RICARDO PEREZ RPEREZ@PEREZLEGAL.COM 11/15/2022 10:04:31 AM SENT
ERICK HOLGUIN ERICK@PEREZLEGAL.COM 11/15/2022 10:04:31 AM SENT
Associated Case Party: ARACELY RODRIGUEZ
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Sundee Barnes on behalf of Michael Farmer, Jr.
Bar No. 24121963
sundee@ekdlaw.com
Envelope ID: 70175130
Status as of 11/15/2022 10:15 AM CST
Associated Case Party: ARACELY RODRIGUEZ
Name BarNumber Email TimestampSubmitted Status
Tomas MFlores legal@laraflores.com 11/15/2022 10:04:31 AM SENT
Preview
Electronically Filed 11/15/2022 10:04 AM Hidalgo County District Clerks Reviewed By: Jose Luis Landa CAUSE NO. C-2975-21-G COMACK INVESTMENTS, L.P. § IN THE DISTRICT COURT Plaintiff, § § § v. § § M.A.R. DESIGNS & § CONSTRUCTION, INC., MARIO § HIDALGO COUNTY, TEXAS RODRIGUEZ, JUAN VALDEZ, § MAYELLA CANTU, JOHN R. § KING, SIERRA TITLE OF § HIDALGO COUNTY, INC., YBK § INVESTMENTS, LLC, GOLDCAT, § LLC, KLEBERG BANK, N.A., § PENNY INVESTMENTS, INC. § 370TH JUDICIAL DISTRICT Defendants. DEPOSITION SUBPOENA TO TESTIFY AND PRODUCE DOCUMENTS OR THINGS TO: Yahoo, Inc. - Custodian of Records c/o CT Corporation 1999 Bryan Street Suite 900 Dallas, Texas 75201 GREETINGS: You are hereby commanded to produce and permit inspection and copying of the documents or tangible things in your possession, custody, or control that are described on “Exhibit A” attached hereto by 12:00 p.m. November 15, 2022. You must produce such documents by delivering them: (1) hard copy or on a thumb drive at the offices of Eggleston King Davis, LLP, 102 Houston Ave., Suite 300, Weatherford, Texas 76086; or (2) electronically via email to michael@ekdlaw.com. FAILURE TO OBEY THIS SUBPOENA MAY BE TREATED AS A CONTEMPT OF COURT. TEXAS RULE OF CIVIL PROCEDURE 176.8(a) PROVIDES: Failure by any person without ad^i^t^ excuse to obey a subpoena Deposition Subpoena to Testify and Produce Documents ^BACHED — Page 1 Electronically Filed 11/15/2022 10:04 AM Hidalgo County District Clerks Reviewed By: Jose Luis Landa CAUSE NO. C-2975-21-G COMACK INVESTMENTS, L.P. § IN THE COURT OF § Plaintiff, § VS. § 370TH JUDICAL DISTRICT § M.A.R. DESIGNS & CONSTRUCTION, INC., MARIO § RODRIGUEZ, JUAN VALDEZ, MAYELLA CANTU, JOHN R. KING, SIERRA TITLE OF HIDALGO COUNTY, INC., YBK INVESTMENTS, LLC, GOLDCAT, LLC, KLEBERG BANK, N.A., PENNY INVESTMENTS, INC Defendant. § HILDAGO COUNTY, AFFIDAVIT OF SERVICE On this day personally appeared Greg Allen who, being by me duly sworn, deposed and said: "The following came to hand on Nov 2, 2022, 10:52 am, DEPOSITION SUBPOENA TO TESTIFY AND PRODUCE DOCUMENTS OR THINGS WITH AFFIDAVIT, and was executed at 1999 Bryan St SUITE 900, Dallas, TX 75201 within the county of DALLAS at 09:48 AM on Tue, Nov 08 2022, by delivering a true copy of the DEPOSITION SUBPOENA TO TESTIFY AND PRODUCE DOCUMENTS ORTHINGS WITH AFFIDAVIT, to the within named YAHOO, INC. - CUSTODIAN OF RECORDS C/O CT CORPORATION in person, having first endorsed the date of delivery on same. I am a person over eighteen (18) years of age and I am competent to make this affidavit. I am a resident of the State of Texas. I am familiar with the Texas Rules of Civil Procedure as they apply to service of Process. I am not a party to this suit nor related or affiliated with any herein, and have no interest in the outcome of the suit. I have never been convicted of a felony or of a misdemeanor involving moral turpitude. I have personal knowledge of the facts stated herein and they are true and correct." Greg Allen Certification Number: PSC 6961 Certification Expiration: 6/30/21 BEFORE ME, a Notary Public, on this day personally appeared Greg Allen, known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared the Statements therein contained are within his or her personal knowledge and are true and correct. SUBSCRIBED AND SWORN TO ME ON Notary Public, exas JERRETT W JOSLIN Notary ID#131208539 My Commission Expires July 23, 2025 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Sundee Barnes on behalf of Michael Farmer, Jr. Bar No. 24121963 sundee@ekdlaw.com Envelope ID: 70175130 Status as of 11/15/2022 10:15 AM CST Associated Case Party: Comack Investments, L.P. Name BarNumber Email TimestampSubmitted Status Jack Eggleston jack@ekdlaw.com 11/15/2022 10:04:31 AM SENT Michael Farmer michael@ekdlaw.com 11/15/2022 10:04:31 AM SENT Denease Denson denease@ekdlaw.com 11/15/2022 10:04:31 AM SENT Cherie Walter cherie@ekdlaw.com 11/15/2022 10:04:31 AM SENT Associated Case Party: John King Name BarNumber Email TimestampSubmitted Status Robert LGuerra rguerra@thorntonfirm.com 11/15/2022 10:04:31 AM SENT Associated Case Party: Penny Investments, Inc. Name BarNumber Email TimestampSubmitted Status Daniel Koeneke daniel@ekrattorneys.com 11/15/2022 10:04:31 AM SENT Associated Case Party: YBK Investments, LLC Name BarNumber Email TimestampSubmitted Status Ronald G. Hole 9834200 Mail@HoleAlvarez.com 11/15/2022 10:04:31 AM SENT Associated Case Party: Sierra Title of Hidalgo County, Inc. Name BarNumber Email TimestampSubmitted Status David Hargis David.Hargis@lewisbrisbois.com 11/15/2022 10:04:31 AM SENT Randy Lopez randy.lopez@lewisbrisbois.com 11/15/2022 10:04:31 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Sundee Barnes on behalf of Michael Farmer, Jr. Bar No. 24121963 sundee@ekdlaw.com Envelope ID: 70175130 Status as of 11/15/2022 10:15 AM CST Associated Case Party: Sierra Title of Hidalgo County, Inc. Deborah Husband Deborah.Husband@lewisbrisbois.com 11/15/2022 10:04:31 AM ERROR Associated Case Party: Juan Valdez Name BarNumber Email TimestampSubmitted Status MELANIE BARRIETNEZ MEL@POPEPENA.COM 11/15/2022 10:04:31 AM SENT Jay Pena j.pena@popepena.com 11/15/2022 10:04:31 AM SENT Pope & Pena PC info@popepena.com 11/15/2022 10:04:31 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status DAVID D.RAPP DAVID@EKTEXAS.COM 11/15/2022 10:04:31 AM SENT DAVID RAPP MICHAEL@EKTEXAS.COM 11/15/2022 10:04:31 AM SENT DAVID RAPP JACK@EKTEXAS.COM 11/15/2022 10:04:31 AM SENT ROLANDO CANTU RCANTU@CANTULAWFIRM.COM 11/15/2022 10:04:31 AM SENT Jann Pigg jann.pigg@lewisbrisbois.com 11/15/2022 10:04:31 AM SENT Juan Angel Guerra 8581320 juanangelguerra1983@gmail.com 11/15/2022 10:04:31 AM SENT anthony cruz anthony.cruz@lewisbrisbois.com 11/15/2022 10:04:31 AM SENT Halley Yzquierdo Halley.Yzquierdo@lewisbrisbois.com 11/15/2022 10:04:31 AM SENT DAVID RAPP DAVID@EKDLAW.COM 11/15/2022 10:04:31 AM SENT RONALD HOLE MAIL@HOLEALVAREZ.COM 11/15/2022 10:04:31 AM SENT JAY PENA N.PENA@POPEPENA.COM 11/15/2022 10:04:31 AM SENT RICARDO PEREZ RPEREZ@PEREZLEGAL.COM 11/15/2022 10:04:31 AM SENT ERICK HOLGUIN ERICK@PEREZLEGAL.COM 11/15/2022 10:04:31 AM SENT Associated Case Party: ARACELY RODRIGUEZ Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Sundee Barnes on behalf of Michael Farmer, Jr. Bar No. 24121963 sundee@ekdlaw.com Envelope ID: 70175130 Status as of 11/15/2022 10:15 AM CST Associated Case Party: ARACELY RODRIGUEZ Name BarNumber Email TimestampSubmitted Status Tomas MFlores legal@laraflores.com 11/15/2022 10:04:31 AM SENT