Preview
CAUSE NO. 04-01100-M S
=
zn
CRAIG DYER, § OB |=
§ =
Plaintiff, § = mM
§ o VY
v. § a
§ EXAS
DYER CUSTOM INSTALLATION, INC. §
(DCI), JOSEPH GEETING, §
SUSAN LAMBERT, RICHARD GEETING, §
And LAURI GEETING, § ,
Defendants. § 298™ JUDICIAL DISTRICT
ROCHELLE BRADLEY AND KRISTY KNOWLES’
MOTION FOR PROTECTIVE ORDER
Rochelle Bradley and Kristy Knowles (“Respondents”) file this Motion for Protective
Order in response to the subpocnas served on them by Plaintiff Craig Dyer, and in support would
show the Court as follows:
1, Plaintiff has caused the subpoenas attached hereto as Exhibits A and B to be
served on Respondents.
2. These subpoenas require Respondents to produce Defendants’ confidential
financial and tax information, which was communicated to Respondents by Defendants during
the course of the accountant-client relationship.
3. The materials being subpoenaed by Plaintiff are subject to the accountant-client
privilege under TEX. Occ. Cope §901.457.
4. On April 30, 2007, Defendants filed their Objections and Motion for Protective
Order As to Plaintiff's Requests to Rochelle Bradiey and Kristy Knowles wherein they assert the
accountant-client privilege.
ROCHELLE BRADLEY AND KRISTY KNOWLES’ MOTION FOR PROTECTIVE ORDER—PAGE 1
548338
0529/000135. Consequently, absent cither written consent from Defendants or an order from the
Court, Respondents cannot respond to Plaintiff's subpoenas under TEX. OCC. CODE §901.457.
WHEREFORE, Respondents request that this Motion be granted and that Respondents
not be required to produce any documents in response to Plaintiff's subpoenas unless and until
such production is either consented to by Defendants or ordered by this Court.
Respectfully submitted,
HERMES SARGENT BATES, LLP
L. TAYLOR
State Bar No. 24042008
901 Main Street, Suite 5200
Dallas, Texas 75202
(214) 749-6000
(214) 749-6100 facsimile
ATTORNEYS FOR ROCHELLE
BRADLEY AND KRISTY KNOWLES
ROCHELLE BRADLEY AND KRISTY KNOWLES' MOTION FOR PROTECTIVE ORDER—PAGE 2
548338
0529/00013CERTIFICATE OF SERVICE
The undersigned certifies that on the ©. day of May 2007, a true and correct copy of
the foregoing document was forwarded via fax to counsel listed below:
Mitchell Madden
Lawrence S. Hosmer
Madden Sewell L.L.P.
Four Hickory Center
1755 Wittington Place, Suite 300
Dallas, Texas 75234
Phone: (972) 484-7780
Fax: (972) 484-7743
COUNSEL FOR PLAINTIFF CRAIG DYER
Matthew A. Nowak
Jacob D. Thomas
Nowak & Stauch, L.L.P.
4144 N. Central Expressway, Suite 300
Amberton Tower
Dallas, Texas 75204
Phone: (214) 823-2006
Fax: (214) 823-2007
COUNSEL FOR DEFENDANTS DYER CUSTOM
INSTALLATION, INC. (DCD, Josepn
GEETING, SUSAN LAMBERT, RICHARD
GEETING AND LAURI GEETING
Kenneth F. Nye
Bennett, Weston & Lajone, P.C.
1750 Valley View Lane, Suite 120
Dallas, Texas 75234
Phone: (970) 481-3838
Fax: (972) 692-7197
COUNSEL FOR PLAINTIFF CRAIG DYER
INT
ROCHELLE BRADLEY AND KRISTY KNOWLES’ MOTION FOR PROTECTIVE ORDER—PAGE 3
548338
0529/00013EXHIBIT “A”THE STATE OF TEXAS
TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON
AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN RULE 176.5,
TEXAS RULES OF CIVIL PROCEDURE:
WITNESS SUBPOENA PURSUANT TO RULE 176 TEXAS RULES OF CIVIL PROCEDURE IN
Ss. . 04-01100-M; IN THE DIS L DIST.
DALLAS COUN TY, TEXAS
Craig Dyer
vs.
Dyer Custom Installation, Inc., Joseph Geeting,
Richard Geeting, Susan Lambert and Lauri Geeting
YOU ARE HEREBY COMMANDED TO SUMMON:
ROCHELLE BRAOLEY
Bradley-Duaill CPAs, PLLC
7370 Hawk Road
Fiower Mound, Texas 75022
to appear and produce documents at 10:00 a, m., on the 14" day of May, 2007, at the offices
jaddenSewell, LLP, Four Hickory Centre, 1755 Wittington Place, Suite 300, Dallas, Texas
75234 instanter to in the above-referenced matter.
YOU ARE FURTHER COMMANDED to bring with you and produce the documents described in
Exhibit “A” attached to this Subpoena.
The witness is subpoenaed at the instance of Plaintiff, Craig Dyer represented by Mitchell
Madden, Attomeys of Record, in that Certain Cause No, 04-0110-M; pending on the docket of
the DISTRICT COU OR THE 298” JAt DIS F DALLAS COUNTY, TEXAS.
Herein fail not, but make due return to me on or before the 10" day of May, 2007, showing how
you have executed the same. Given and issued under my hand on this 30" day of April, 2007.
acting under Rule 176.4(b) of the Texas Rules of Civil Procedure.
_MUTCHELL MADDEN
Texas State Bar No. 12789350 bab 4} sf>
MaddenSewell, LLP
1755 Wittington Place, Suite300 «SCAT 7
Dallas, Texas 75234
(972) 484-7780 EXHIBIT
(972) 484-7743 Facsimile j A
176.8 Enforcement of Subpoena (a) Contempt. Failure by any person without adequate excuse
to obey a subpoena served upon that person may be deemed a contempt of the court from which
the subpoena is issued or a district court in the county in which the subpoena is served, and may
be punished by fine or confinement, or both.
ATTORNEYS FOR CRAIG DYEROFFICER'S RETURN
Came to hand the day of . 2007, at o'clock
.M., and executed by delivering a true copy of this subpoena and tendering a witness fee of
ien doltars ($10.00), to
at .
on the day of , 2007 at o'clock iM.
Retumed this day of , 2007.
Service:....... $ By
Printed Name:
ACCEPTANCE OF SERVICE OF SUBPOENA BY
WITNESS PER RULE 176 T.R.C.P. OR
SUBPOENA BY WITNESS PER RULE 176 T.R.C.P.
| hereby accept service of the attached subpoena
WITNESS
DATE
SUBPOENA TO ROCHELLE BRADLEY
HNC entalDyetOChDinceveryivepoene -Beaciey wrt
a A PSP SPSS VOSS PUSSCAUSE NO. 04-01100-M
CRAIG DYER, § IN THE DISTRICT COURT OF
§ 1
Plaintiff, § i
§ 1
v. § }
§ 298" JUDICIAL DISFRICT |
§ !
DYER CUSTOM INSTALLATION, INC. §
(OCI), JOSEPH GEETING, SUSAN §
LAMBERT, LAURI GEETING and §
RICHARD GEETING §
§
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFF'S REQUEST FOR PRODUCTION OF
DOCUMENTS TO ROCHELLE BRADLEY
Please take notice that, pursuant to Rules 205.3 of the Texas Rules of Civil |
Procedure, Craig Dyer (“Dyer”) intends to subpoena from Rochelle Bradley ("Bradley"), a :
nonparty to this suit, the documents identified in Attachment A to this notice. These
documents shall be produced and Dyer shall permit inspection, sampling, testing.
photographing, and/or copying of the documents at 10:00 a.m. on May 14, 2007, and
continuing hereafter from day to day until completed, at the office of Mitchell Madden,
MaddenSewell, LLP, 1755 Wittington Place, Suite 300, Dallas, Texas 75234. Dyer
attaches hereto as Attachment “A” and incorporates herein as though set forth at length
his First Request for Production of Documents to Rochelle Bradley.
RE CUMENTS TO ROCHELLE BRADLEY Page 1
HOGhertaDyanOCNOacoverOresey-AFP wdMADDENSEWELL, LLP
1755 Wittington Place, Suite 300
Dallas, Texas 75234
(972) 484-7780
(972) 484-7743 Facsimile
BENNETT, WESTON & LAJONE, P.C.
Kenneth F. Nye
State Bar No.15150800
1750 Valley View Lane, Suite 120
Dallas, Texas 75234
(970) 481-3838
(972) 692-7197 (fax)
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
| hereby certify that a true and correct copy of Plaintiff's Request for Production of
Documents to Rochelle Bradley has been served upon Matthew Nowak and Jacob Thomas
counsel for Defendants via certified mail retum receipt requested 70023150000464762126
this 12” day of April 2007.
itchell Madden
REQUEST FOR PRODUCTION OF DOCUMENTS TO ROCHELLE BRADLEY. Page 2
Hane nts Dye DCND scove ho Gor AFP wpwo
ATTACHMENT A
NOTICE OF REQUEST FOR PRODUCTION OF DOCUMENTS
INSTRUCTIONS
You are obligated to produce all responsive documents that are in your possession,
custody or control. Possession, custody or control includes actual physical
possession or a right to possession that is equal to or superior to the person who
has physical possession. See Rule 176.6 of the Texas Rules of Civil Procedure.
The documents produced responsive to this request should be either organized and
labeled to correspond with the categories described in this request or produced as
they are kept in the usual course of business. See Rule 196.3 of the Texas Rules
of Civil Procedure.
lf any document was, but is no longer, in your possession, custody or control, or is
no longer in existence, state whether it is: (a) missing or lost, (b) has been
destroyed, (c) has been transferred, voluntarily or involuntarily, to others, or (d)
otherwise disposed of, and in each instance explain the circumstances surrounding
Such disposition thereof and the state the date or approximate date thereof.
\f any document or tangible think requested herein is stored, kept or saved on a
compute diskette or a compact disk, please produce a copy of the computer
diskette or compact disk in lieu of paper coples.
If a claim is made that any material or information sough herein is privileged, you
are requested to provide a statement regarding such material pursuant to Rule
193.3(a), Texas Rules of Civil Procedure. If information is deleted from documents
REQUEST FOR PRODUCTION OF DOCUMENTS TO ROCHELLE BRADLEY. Page 3
HW \Chenis Ope OC ED scorer Braden RFP «0don the basis of a claimed privilege, and those documents are produced in redacted
form, the documents shall indicate alteration by some means such as being
stamped "REDACTED® OR “DELETION.”
REQUEST FOR PRODUCTION OF DOCUMENTS TQ ROCHELLE BRADLEY Page 4
HACLenD DyerOCIOacovenAaia Ser RFP apsDEFINITIONS
“Dyer” refers to Plaintiff CRAIG DYER, his attorneys, agents, representatives
and employees.
"DCI" refers to Defendant DYER CUSTOM INSTALLATION, INC., and its
past and current, agents, representatives, and employees, predecessors or
assigns, excluding Dyer unless otherwise stated.
"Geeting” refers to Defendant Joseph Geeting and his past and current
agents, representatives and employees.
“Claims” shall mean the claims asserted by CRAIG DYER against DYER
CUSTOM INSTALLATION, INC., JOSEPH GEETING, SUSAN LAMBERT,
RICHARD GEETING and LAURI GEETING in the above-styled and
numbered lawsuit.
"Document" and “documents" shall mean any document, thing, or other
tangible medium of storage, including, but not limited to, writings, printed
material, photographs, videotapes, and audio recordings of every kind, in
Your possession, custody, or contro!, or known by You to exist, irrespective
of whether the document is one intended for or transmitted internally by You,
or intended for or transmitted to any other person or entity, including without
limitation any government agency, department, administrative entity, or
personnel. It shall include communications in words, symbols, pictures,
sound recordings, films, tapes, and information stored in, or accessible
through, computer or other information storage or retrieval systems,
electronic data in its “native” format, together with the codes and/or
programming instructions and other materials necessary to understand and
use such systems. For purposes of illustration and not limitation, the terms
shail include: correspondence; transcripts of testimony; letters; notes;
teports; papers; files; books; records; contracts; agreements; telegrams;
ieletypes and other communications sent or received; diaries; calendars;
logs, notes, or memoranda of telephonic or face-to-face conversations:
drafts; workpapers; agendas; bulletins; notices; circulars; announcements;
instructions; schedules; minutes, summaries, notes, and other records and
recordings of any conferences, meetings, visits, statements, and other
records, obligations and expenditures; canceled checks, vouchers, receipts,
and other records of payment; ledgers; journals, balance sheets, profit and
loss statements, and other saurces of financial data; analyses; statements;
interviews; affidavits; printed matter (including published books, articles,
speeches, and newspaper clippings); press releases; charts; drawings;
ODUCTION OF DOCUMEN: O ROCHELLE BRADLEY Page 5
W CheniniDreOCND scoveryiBra ey APP ape10.
11.
12.
13.
14.
15.
16.
specifications; manuals; brochures; parts lists; memoranda of all kind to and
from any persons, agencies, or entities; technical and engineering reports,
evaluations, advice, recommendations, commentaries, conclusions, studies,
test plans, manuals, procedures, data, reports, results and conclusions;
records of administrative, technical and financial actions, taken or
recommended; title documents, such as deeds, leases, assignments, and
liens, and all other writings the contents of which relate to, discuss, consider,
or otherwise refer to the subject matter of the particular discovery requested.
“Person” and "Persons" shall include natural persons, firms, partnerships,
associations, joint ventures, and corporations.
The “Proposal” shall mean the proposed business plan by Geeting on or
about December of 2002 in which he agreed to personally secure loans
and/or lines of credit In order to provide immediate cash flow to DCI in return
for a 51% ownership interest.
“L. Geeting” refers to Defendant LAURI GEETING, her agents,
representatives and employees.
“R. Geeting” refers to Defendant RICHARD GEETING, his agents,
representatives and employees.
“Larry Dyer” refers to LARRY DYER, his agents, representatives and
employees.
“CONTRERAS” refers to MELISA CONTRERAS-DYER, her agents,
representatives and employees.
“BARNES* refers to KEVIN BARNES, the person identified in Defendants’
Designation of Expert Witnesses, his agents, representatives and
employees.
The “Home Depot Installer” shall mean and refer to the document entitled
“Installer Agreement.”
The “February 2004 Home Depot Letter’ shall mean and refer to the letter
dated February 2004.
The “L. Dyer Assignment” shall mean and refer to the Assignment of DCI
stock.
The “Melisa Dyer Assignment” shall mean and refer to the Assignment of
OCI stock.
REQUEST FOR PRODUCTION OF DOCUMENTS TO ROCHELLE BRADLEY Page 6
rrerpBeociey REI
PeICheeDyeADC Rr
Pps17. The “NCA” shall mean and refer to the document dated on or about
December 20, 2003.
18. “Bradley”, “You”, or “Your” shall mean and refer to Rochelle Bradley, Bradley-
Ouall CPAs, PLLC the person identified as an expert witness in Defendants’
Designation of Experts.
19. “Knowles” shail mean and refer to Kristy Knowles, the person identified as
an expert witness in Defendants’ Designation of Experts.
20, “June 25, 2003 letter” shall men anc refer to the letter dated June 25, 2003.
21. “Dyer Claims” shail mean and refer to the claims and allegations set forth in
Dyers Second Amended Petition.
22. “Geeting Claims” shall mean and refer to the claims, defenses and factual
allegations in Dyer Custom Installation, Inc.’s and Joseph Geeting’s First
Amended Counterclaim against Craig Dyer and Defendants First Amended
Answer filed in this cause.
23. “DCI Claims” shall mean and refer to the claims, defenses and factual
allegations in Dyer Custom installation, Inc.’s and Joseph Geeting’s First
Amended Counterclaim against Cralg Dyer and Defendants First Amended
Answer filed in this cause.
24. The “August 19, 2004 hearing” shall mean and refer to the hearing held by
Honorable Kent Sims on August 19, 2004 in the above referenced cause
regarding Dyers Motion for Contempt, a true and correct copy of the
transcript is attached hereto as Exhibit B,
25. The “Bradley Affidavit” shall man and refer to the document attached hereto
as Exhibit “C.*
26. “Accounting Information Production” shall mean and refer to the quick books
accounting data and information produced to Dyer by counsel for OCI on or
about August 19, 2004.
27, The "Bradley Letter’ shall mean and refer to the letter dated August 27, 2004
from Bradley to the Honorable Kent Sims attached hereto as Exhibit "D."
28. The “May 10, 2005 Nowak Letter” shall mean and refer to the letter from
Defendants’ counsel to Mitchell Madden dated May 10, 2005 attached hereto
as Exhibit “E.”
REQUEST FOR PRODUCTION OF DOCUMENTS TO ROCHELLE BRADLEY Page 7
W Coens yen
ND scoweryBeadley REP wpeE
29.
T
The “Numera accounting system” shall mean and refer to the system
referenced in §2b on page 2 of the Bradley Affidavit attached hereto as
Exhibit C.
INSTRUCTIONS
Objections: To the extent You object to any Request for Production, please
set forth the complete basis for the objection. If You object to only a portion
of a particular Request for Production, specifically identify the portion of the
Request for Production which You are objecting and respond to the
remainder completely.
: If You claim that any requested information is privileged
and, therefore, beyond the scope of discovery, for each Request of
Production, state the precise nature of the privilege and specify the factual
basis for the privilege.
Copying: Dyer agrees to payment of reasonable costs for reproduction or
copying as provided by the Texas Rules of Civil Procedure.
Extensions of Time: Any agreement for extension of time to respond to
these Requests for Production must be in writing. No extensions of time for
making objections to these Requests for Production should be presumed
unless such agreement is specifically set out in writing.
Lost or Destroyed Documents: If any requested document has been lost or
destroyed, for each such document state the circumstances relating to the
toss or destruction of such document, the approximate date of the loss or
destruction and a reasonably complete description of the contents of such
document.
Identify: In those instances where the word “identify,” is used in these
requests for discovery, it should be interpreted as requiring with respect to
individuals, the person's name, last known address and telephone number.
With respect to documents or things, it should be interpreted requiring
sufficient information regarding the item so that the party seeking discovery
can locate and identify the object as readily as the party from whom it is
being sought.
Reference to Documents: In those instances where the responding party
chooses to answer a request for information by referring to a specific
document or record, it is requested that such specification be in such
sufficient detail to permit Dyer to locate and identify the records and/or
IR PRODUCTION OF DOCUME! ROCHELLE BRADLEY Page 8
HW Cherm OyerDC nO every rece AFP mesdocuments from which the answer is to be ascertained, as readily as can the
party served with the request.
Computer Based _tnformation: In those instances where requested
information is stored only on software or other data compilations, the
responding party should either produce the raw data in its “native” format
along with all codes and programs for translating it into usable form or
produce the information in a finished usable form, which would include all
necessary glossaries, keys and indices for interpretation of the material.
Document Destruction: It is requested that all documents and/or other data
compilations which might impact on the subject matter of this litigation be
preserved and that any ongoing process of document destruction invalving
such documents cease immediately.
REQUEST FOR FRODUC TION OF DOCUMENTS TO ROCHELLE BRADLEY. Page 9
eet NDYEAOCNDrscovenBrotery AF
wdDOCUMENTS TO BE PRODUCED
1. Any and all documents and things submitted to You by the Defendants.
2. Any and all documents You contend support any statement or claim made
by You at the August 19, 2004 hearing, in the Bradley Affidavit or in the
Bradley Letter.
3. Any and all documents showing, containing, referring or relating to the
discrepancies identified in the Bradley Affidavit or the Bradley Letter.
4. Any and all workpapers generated by You with respect to DCI's accounting
or tax information including but not limited to the Bradley affidavit or the
Bradley letter.
5. Any and all drafts of any workpapers generated by You with respect to DCI’s
accounting or tax information including but not limited to the Bradley affidavit
or the Bradley letter.
6. Any and all documents showing, containing, referring or relating to the
current accounting system software utilized by DCI or by You for OCI
including the implementation of such system as referenced in the Bradley
Affidavit.
7. Any and all documents reviewed, utilized or relied upon by You in drafting,
reviewing or revising the Bradiey Affidavit or the Bradley Letter.
8. Any and all documents showing, containing, or relating to information
regarding a change, modification or deletion of any of DCI assets.
9. Any and all documents showing, containing, referring or relating to the loss
of any Quickbooks data or information since the production of the Accounting
Information Production.
10. Any and all documents showing, containing, referring or relating changes in
the Quickbooks accounting data information for OCI since the creation the
Accounting Information Production.
11. Any and all documents showing, containing, referring or relating to the loss
of DCI accounting information or data prior to the creation of the Accounting
Information Production.
EI IR PRODI FF DOCUMENTS. OCHEL| Page 10
Hien Dye OC Oscovernraday AFP nos,12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Any and all documents showing, containing, referring or relating to any
change or modification in the Quickbooks accounting infarmation or data of
OCI prior to the creation of Accounting Information Production.
Any and all documents showing, containing, referring or relating to transfers,
payments or conveyances made to Joseph Geeting by DCI since January 1,
2001.
Any and all documents showing, containing, referring or relating to transfers,
payments or conveyances made to Joseph Geeting by Dyer, L. Dyer, Kevin
Bames, any employees of OCI, Melisa Contreras-Dyer, S. Lambert, L.
Geeting or R. Geeting since January 1, 2001.
Any and all documents showing, containing, referring or relating to transfers
made by DCI to an officer, director and/or person in control of OCI, including
but not limited to You, L. Geeting, R. Geeting, Dyer, Larry Dyer, S, Lambert
and Melisa Contreras since January 1, 2001.
Acopy of any and all financial statements You have prepared or issued since
January 1, 2001 on behalf of DCI.
Any and all documents, showing, containing, referring or relating to
ownership of each asset or property shown on any financial statement
prepared or issued by you on behalf of DCI since January 1, 2001.
Any and all documents that list the item and state the cost and the estimated
present market value of each item of personal property acquired by DCI
since January 1, 2001, including, but not limited to, vehicles of any sort,
firearms, collections (stamps, coins, etc.), tools, equipment of any sort,
livestock, sporting goods, boating equipment, with payments, transfers or
conveyances from DCI, Joseph Geeting, R. Geeting, L. Geeting, K. Barnes
or S. Lambert.
Copies of any and all documents showing, containing, referring or relating to
the Numera accounting system as referenced in the Bradley Affidavit.
Any and all documents showing, containing, referring or relating to the
imptementation of the Numera accounting system referenced in the Bradley
Affidavit.
Copies of any and all documents showing, containing, referring or relating to
the training of Numera accounting system as referenced the Bradley
Affidavit.
TION OF DOCUMENTS TO ROCHEL! YY. Page 11
Capra Dye ADC RDscove REE Dey RFP pd22. Copies of any and all documents showing, containing, referring or relating to
the financial statements generated as a result of the implementation of the
Numera accounting system as referenced the Bradley Affidavit.
23. Copies of any and all documents showing, containing, referring or relating to
the accounting reports generated as a result of the implementation of the
Numera accounting system as referenced the Bradley Affidavit.
24. — Copies of all documents relating to 1099s issued by DCI since January 1,
2003.
25. All files, and their contents, in which You maintain DCI's tax records.
26. All documents comprising of DCI's original 2003 income tax return.
27. All documents utilized in preparing DCI's original 2003 income tax return.
28. —Alldocuments comprising any amendments of and/or supplements to DC!'s
2003 income tax return.
28. All K-1s utilized or relied upon in preparing DC}’s 2003 income tax return.
30. All income tax returns schedules (including but not limited to schedules C,
D, E, and SE) prepared and/or utilized in conjunction with the preparation of
OCI's 2003 income tax return.
31. All 1099s utilized in conjunction with the preparation of DCI’s 2003 income
tax return.
32. Any and all documents showing, containing, referring or relating to all 1099s
issued to DCI for the 2003 taxable year.
33. Any and all documents showing, containing, referring or relating ta
documents evidencing the expenses claimed by DC! In its 2003 income tax
return.
34. Any and all documents showing, containing, referring or relating to
documents evidencing any property or assets claimed to be owned by OCI
in its 2003 income tax retum.
35. Any and all documents showing, containing. referring or relating to
documents evidencing the income claimed by DCI in its 2003 income tax
return.
E QUEST FO} DOCUMENTS T' & BRADLEY Page 12
H Coente\DyeOC hacer eradley RFP woo36. All documents comprising of DCI's original 2004 income tax return.
37. All documents utilized in preparing DCI's original 2004 income tax return.
38. Alldocuments comprising any amendments of and/or supplements to DCI’s
2004 income tax retum.
39, All K-1s utilized or relied upon in preparing DCI's 2004 income tax retum.
40. All income tax returns schedules (including but not limited to schedules C,
D, E, and SE) prepared and/or utilized in conjunction with the preparation of
OCI's 2004 income tax return.
41. All 1099s utilized in conjunction with the preparation of DCI's 2004 income
tax return.
42. Any and all documents showing, containing, referring or relating to alt 1099s
issued to DC! for the 2004 taxable year.
43. Any and all documents showing, containing, referring or relating to
documents evidencing the expenses claimed by DCI in its 2004 income tax
return.
44. Any and all documents showing, containing, referring or relating to
documents evidencing any property or assets claimed to be owned by DCI
in its 2004 income tax return.
45, Any and all documents showing, containing, referring or relating to
documents evidencing the income claimed by OC! in its 2004 income tax
return.
46. All documents comprising of DCI's original 2005 income tax retum.
47. — All documents utilized in preparing DCI’s original 2005 income tax retum.
48. Alldocuments comprising any amendments of and/or supplements to DCI's
2005 income tax return.
49. All K-1s utilized or relied upon in preparing DCI's 2005 income tax return.
50. All income tax retums schedules (including but not limited to schedules C,
D, E, and SE) prepared and/or utilized in conjunction with the preparation of
DCI's 2005 income tax retum.
REQUEST FOR PRODUCTION OF DOCUMENTS TQ ROCHELLE BRADLEY Page 13
Cranes Open 0CnDacovery@vadiey- RFP ed$1.
52.
53.
55.
56.
57.
58.
59.
60.
61.
62.
63.
84.
REQUE:
M4 CaentsiDyen OC NDscoveryBratey REP wos
All 1099s utilized in conjunction with the preparation of OCI's 2005 income
tax return.
Any and all documents showing, containing, referring or relating to all 1099s
issued to OCI for the 2005 taxable year.
Any and all documents showing, containing, referring or relating to
documents evidencing the expenses claimed by DCt in its 2005 income tax
return.
Any and all documents showing, containing, referring or relating to
documents evidencing any property or assets claimed to be owned by DCI
in its 2005 income tax return.
Any and all documents showing, containing, referring or relating to
documents evidencing the income claimed by DCI in its 2005 income tax
returm.
All documents comprising of DCI’s original 2006 income tax retum.
All documents utilized in preparing OCI's original 2006 income tax return.
All documents comprising any amendments of and/or supplements to DCI's
2006 income tax return.
All K-1s utilized or relied upon in preparing DCI's 2006 income tax return.
All income tax returns schedules (including but not limited to schedules C,
D, E, and SE) prepared and/or utilized in conjunction with the preparation of
OCI's 2006 income tax return.
All 1099s utilized in conjunction with the preparation of DC!'s 2006 income
tax return.
Any and all documents showing, containing, referring or relating to all 1099s
issued to DCI for the 2006 taxable year.
Any and all documents showing, containing, referring or relating to
documents evidencing the expenses claimed by DCI in its 2006 income tax
return.
Any and all documents showing, containing, referring or relating to
documents evidencing any property or assets claimed to be owned by DCI
in its 2006 income tax return.
OF DOCUMENTS TO ROCHELLE BRADLEY Page t465. Any and all documents showing, containing, referring or relating to
documents evidencing the income claimed by DCt in its 2006 income tax
retum.
66. Any and all documents showing, containing, referring or relating to Public
Information Reports filed on behalf of DCI since January 1, 2003.
67. Anyandall documents showing, containing, referring to relating to Franchise
Tax Reports filed on behalf of DCI since January 1, 2003.
68. Any and afl documents showing, containing, referring or relating to Sales Tax
Reports filed on behalf of DC! since January 1, 2003.
Ri Fi ICTION OF DOCUMENTS TO ROCHELLE Bi LEY Page 15
Hi CuenenDyenDoRDnacovernOredey REP wooEXHIBIT “B”ee @ THE STATE OF TEXAS e
TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON
AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN RULE 176.5,
TEXAS RULES OF CIVIL PROCEDURE:
WITNESS SUBPOENA PURSUANT TO RULE 176 TEXAS RULES OF CIVIL PROCEDURE IN
CAUSE NO, 04-01100-M: IN THE DISTRICT COURT FOR THE 298" JUDICIAL DISTRICT OF
DALLAS COUNTY. S
Craig Dyer
vs.
Dyer Custom Installation, Inc., Joseph Geeting,
Richard Geeting, Susan Lambert and Lauri Geeting
YOU ARE HEREBY COMMANDED TO SUMMON:
KRISTY KNOWLES
Bradley-Duall CPAs, PLLC
7370 Hawk Road
Fiower Mound, Texas 75022
to appear and produce documents at 10:00 a. m,, on the 14". day of May, 2007, at the offices
of MaddenSewell, LLP, Four Hickory Centre, 1755 Wittington Place, Suite 300, Dallas, Texas
75234 instanter to in the above-referenced matter.
YOU ARE FURTHER COMMANDED to bring with you and produce the documents described in
Exhibit “A” attached to this Subpoena.
The witness is subpoenaed at the instance of Plaintiff, Craig Dyer represented by Mitchell
Madden, Attorneys of Record, in that Certain Cause No. 04-0110-M; pending on the docket of
the O COURT FOR THE 298” JUDICI, ICT OF DALLAS COUN
Herein fail not, but make due return to me on or before the 10" day of May, 2007, showing how
you have executed the same. Given and issued under my hand on this 30" day of April, 2007,
acting under Rule 176.4(b) of the Texas Ruleggof Civil P. jure.
AITEHELL MADDEN
Texas State Bar No. 12789350 bel +}30/>
MaddenSewell, LLP $c a 3
1755 Wittington Place, Suite 300 ?
Dallas, Texas 75234
(972) 484-7780 EXHIBIT
(972) 484-7743 Facsimile } _B_
176.8 Enforcement of Subpoena (a) Contempt. Failure by any person without adequate excuse
to obey a subpoena served upon that person may be deemed a contempt of the court from which
the subpoena is issued or a district court in the county in which the subpoena is served, and may
be punished by fine or confinement, or both.
ATTORNEYS FOR CRAIG DYEROFFICER’S RETURN
Came to hand the day of , 2007, at o'clock
.M., and executed by delivering a true copy of this subpoena and tendering a witness fee of
ten dollars ($10.00), to
at
on the day of , 2007 at o'clock __.M.
Returned this day of . 2007.
Service:....... $ By
Printed Name:
ACCEPTANCE OF SERVICE OF SUBPOENA BY
WITNESS PER RULE 176 T.R.C.P. OR
SUBPOENA BY WITNESS PER RULE 176 T.R.C.P.
| hereby accept service of the attached subpoena
WITNESS
DATE
SUBPOENA TO KRISTY KNOWLES
H.ACentstOyeN CROW corery\S treme Knowiee.wedCAUSE NO. 04-01100-M
CRAIG DYER, § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
ve §
§ 298" JUDICIAL DISTRICT
§
DYER CUSTOM INSTALLATION, INC. §
(DCI), JOSEPH GEETING, SUSAN §
LAMBERT, LAURI GEETING and §
RICHARD GEETING . §
§
Defendants. § DALLAS COUNTY, TEXAS
* UEST PI ON OF
DOCUMENTS TO KRISTY KNOWLES
Please take notice that, pursuant to Rules 205.3 of the Texas Rules of Civil
Procedure, Craig Dyer ("Dyer") intends to subpoena from Kristy Knowles ("Knowles"), a
nonparty to this suit, the documents identified in Attachment A to this notice. These
documents shall be produced and Dyer shall permit inspection, sampling, testing,
photographing, and/or copying of the documents at 10:00 a.m. on May 14, 2007, and
continuing hereafter from day to day until completed, at the office of Mitchell Madden,
MaddenSewell, LLP, 1755 Wittington Place, Suite 300, Dallas, Texas 75234. Dyer
attaches hereto as Attachment “A" and incorporates herein as though set forth at length
his First Request for Production of Documents to Kristy Knowles.
REQUEST FOR PRODUCTION OF DOCUMENTS TO KRISTY KNOWLES Page 1
iB \Caenta DyerOC ROncoveryirowdea AFP ptthis 12” day of April 2007.
ichell Madden
tate Bar No. 12789350
MAODENSEWELL, LLP
1755 Wittington Place, Suite 300
Dallas, Texas 75234
(972) 484-7780
(972) 484-7743 Facsimile
BENNETT, WESTON & LAJONE, P.C.
Kenneth F. Nye
State Bar No.15150800
1750 Valley View Lane, Suite 120
Dallas, Texas 75234
(970) 481-3838
(972) 692-7197 (fax)
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
| hereby certify that a true and correct copy of Plaintiff's Request for Production of
Documents to Kristy Knowles has been served upon Matthew Nowak and Jacob Thomas
counsel for Defendants via certified mail retum receipt requested 70023150000464 762126
itchell Madden
REQUEST FI IC OF D ENTS TO KRISTY KNOWLES. Page 2
HW Charenibyer OG hOnorven Mnowe FHP wpeIn
REQUE:
ATTACHMENT A
NOTICE OF REQUEST FOR PRODUCTION OF DOCUMENTS
INSTRUCTIONS
You are obligated to produce all responsive documents that are in your possession,
custody or control. Possession, custody or control includes actual physical
possession or a right to possession that is equal to or superior to the person who
has physical possession. See Rule 176.6 of the Texas Rules of Civil Procedure.
The documents produced responsive to this request should be either organized and
labeled to correspond with the categories described in this request or produced as
they are kept in the usual course of business. See Rule 196.3 of the Texas Rules
of Civil Procedure.
If any document was, but is no longer, in your possession, custody or control, or is
no longer in existence, state whether it is: (a) missing or lost, (b) has been
destroyed, (c) has been transferred, voluntarily or involuntarily, to others, or (d)
otherwise disposed of, and in each instance explain the circumstances surrounding
such disposition thereof and the state the date or approximate date thereof.
If any document or tangible think requested herein is stored, kept or saved on a
compute diskette or a compact disk, please produce a copy of the computer
diskette or compact disk in lieu of paper copies.
If a claim is made that any materiat or information sough herein is privileged, you
are requested to provide a statement regarding such material pursuant to Rule
193.3(a), Texas Rules of Civil Procedure. If information is deleted from documents
CTION iocu ‘Ss ISTY KI Page 3
HisCkents\DyenC ROescoverXnomes- RFP mpdon the basis of a claimed privilege, and those documents are produced in redacted
form, the documents shall indicate alteration by some means such as being
stamped "REDACTED" OR “DELETION.”
REQUEST FOR PRODUCTION OF DOCUMENTS TO KRISTY KNOWLES. Page 4
HAC Tent Dye OC NDiscowe owas RFP pdDEFINITIONS
1. “Dyer refers to Plaintiff CRAIG DYER, his attorneys, agents, representatives
and employees.
2. "DCI" refers to Defendant DYER CUSTOM INSTALLATION, INC., and its
past and current, agents, representatives, and employees, predecessors or
assigns, excluding Dyer unless otherwise stated.
3. “Geeting” refers to Defendant Joseph Geeting and his past and current
agents, representatives and employees.
4. *Claims” shail mean the claims asserted by CRAIG DYER against DYER
CUSTOM INSTALLATION, INC., JOSEPH GEETING, SUSAN LAMBERT,
RICHARD GEETING and LAURI GEETING in the above-styled and
numbered lawsuit.
5. “Document” and “documents” shall mean any document, thing, or other
tangible medium of storage, including, but not limited to, writings, printed
material, photographs, videotapes, and audio recordings of every kind, in
Your possession, custody, or control, or known by You to exist, irrespective
of whether the document is one intended for or transmitted internally by You,
or intended for or transmitted to any other person or entity, including without
limitation any government agency, department, administrative entity, or
personnel. It shall include communications in words, symbols, pictures,
sound recordings, films, tapes, and information stored in, or accessible
through, computer or other information storage or retrieval systems,
electronic data in its “native” format, together with the codes and/or
programming instructions and other materials necessary to understand and
use such systems. For purposes of illustration and not limitation, the terms
shall include: correspondence; transcripts of testimony; letters; notes;
reports; papers; files; books: records; contracts; agreements; telegrams:
teletypes and other communications sent or received; diaries; calendars:
logs, notes, or memoranda of telephonic or face-to-face conversations;
drafts; workpapers; agendas; bulletins; notices; circulars, announcements:
instructions, schedules; minutes, summaries, notes, and other records and
recordings of any conferences, meetings, visits, statements, and other
records, obligations and expenditures; canceled checks, vouchers, receipts,
and other records of payment; ledgers: journals, balance sheets, profit and
loss statements, and other sources of financial data; analyses; statements;
interviews; affidavits; printed matter (including published books, articles,
speeches, and newspaper clippings): press releases; charts; drawings;
Di Ei v Page 5
HChenen OyernC Mncovery Koel es RFP wpd10.
11.
12.
13,
14,
15.
16.
REQUEST
specifications; manuals; brochures; parts lists; memoranda of all kind to and
from any persons, agencies, or entities; technical and engineering reports,
evaluations, advice, recommendations, commentaries, conclusions, studies,
test plans, manuals, procedures, data, reports, results and conclusions,
tecords of administrative, technical and financial actions, taken or
recommended; title documents, such as deeds, leases, assignments, and
liens, and all other writings the contents of which relate 1o. discuss, consider,
or otherwise refer to the subject matter of the particular discovery requested.
“Person” and “Persons” shail include natural persons, firms, partnerships,
associations, joint ventures, and corporations.
The “Proposal” shall mean the proposed business plan by Geeting on or
about December of 2002 in which he agreed to personally secure loans
and/or lines of credit in order to provide immediate cash flow to DCI in return
for a 51% ownership interest.
“L. Geeting” refers to Defendant LAUR! GEETING, her agents,
representatives and employees.
“R. Geeting” refers to Defendant RICHARD GEETING, his agents,
fepresentatives and employees.
“Larry Dyer’ refers to LARRY DYER, his agents, representatives and
employees.
“CONTRERAS” refers to MELISA CONTRERAS-DYER, her agents,
tepresentatives and employees.
“BARNES” refers to KEVIN BARNES, the person identified in Defendants’
Designation of Expert Witnesses, his agents, representatives and
employees.
The “Home Depot Installer” shall mean and refer to the document entitled
“Installer Agreement.”
The “February 2004 Home Depot Letter” shall mean and refer to the letter
dated February 2004.
The “L. Dyer Assignment” shall mean and refer to the Assignment of OCI
stock.
The “Melisa Dyer Assignment” shall mean and refer to the Assignment of
DCI stock.
1D! F DOCUMENTS TO KRI: Page 6
W Crents OreOC MDnscoveninowts AFP wpe17.
18.
419.
20.
21.
22.
23.
24.
26.
26.
27.
28.
The “IICA” shall mean and refer to the document dated on or about
December 20, 2003.
“Bradley”, shall mean and refer to Rochelle Bradley, Bradley-Dualt CPAs,
PLLC the person identified as an expert witness in Defendants’ Designation
of Experts.
“Knowles” “You” or “Your” shall mean and refer to Kristy Knowles, Bradley-
Duail CPAs, PLLC the person identified as an expert witness in Defendants’
Designation of Experts.
“June 25, 2003 letter” shall men and refer to the letter dated June 25, 2003.
“Dyer Claims” shall mean and refer to the claims and allegations set forth in
Dyer's Second Amended Petition.
“Geeting Claims" shall mean and refer to the claims, defenses and factual
allegations in Dyer Custom Installation, Inc.'s and Joseph Geeting’s First
Amended Counterclaim against Craig Dyer and Defendants First Amended
Answer filed in this cause.
“DCI Claims” shal! mean and refer to the claims, defenses and factual
allegations in Dyer Custom Installation, Inc.'s and Joseph Geeting's First
Amended Counterclaim against Craig Dyer and Defendants First Amended
Answer filed in this cause.
The “August 19, 2004 hearing" shall mean and refer to the hearing held by
Honorable Kent Sims on August 19, 2004 in the above referenced cause
regarding Dyer’s Motion for Contempt, a true and correct copy of the
transcript is attached hereto as Exhibit B.
The “Bradley Affidavit” shall man and refer to the document attached hereto
as Exhibit “C.”
“Accounting Information Production” shall mean and refer to the quick books
accounting data and information produced to Dyer by counsel for DC! on or
about August 19, 2004.
The “Bradley Letter’ shall mean and refer to the letter dated August 27, 2004
from Bradley to the Honorable Kent Sims attached hereto as Exhibit “D.”
The "May 10, 2005 Nowak Letter” shall mean and refer to the letter from
Defendants’ counsel to Mitchell Madden dated May 10, 2005 attached hereto
as Exhibit “E."
REQUEST FOR PRt OF DOCUMENTS KNOWLES. Page 7
1 Cueees DyenDC ND seoery Minamata FFP wd29.
REQUEST
HxCaensOyonOCADn
The “Numera accounting system” shall mean and refer to the system
referenced In {2b on page 2 of the Bradley Affidavit attached hereto as
Exhibit C.
INSTRUCTIONS
Objections: To the extent You object to any Request for Production, please
set forth the complete basis for the objection. If You object to only a portion
of a particular Request for Production, spacifically identify the portion of the
Request for Production which You are objecting and respond to the
remainder completely.
Claims of Privitege: If You claim that any requested information is privileged
and, therefore, beyond the scope of discovery, for each Request of
Production, state the precise nature of the privilege and specify the factual
basis for the privilege.
Copying: Dyer agrees to payment of reasonable costs for reproduction or
copying as provided by the Texas Rules of Civil Procedure.
Extensions of Time: Any agreement for extension of time to respond to
these Requests for Production must be in writing. No extensions of time for
making objections to these Requests for Production should be presumed
unless such agreement is specifically set out in writing.
Lost or Destroyed Documents: If any requested document has been lost or
destroyed, for each such document state the circumstances relating to the
loss or destruction of such document, the approximate date of the loss or
destruction and a reasonably complete description of the contents of such
document.
Identify: In those instances where the word "identify." is used in these
requests for discovery, it should be interpreted as requiring with respect to
individuals, the person's name, last known address and telephone number.
With respect to documents or things, it should be interpreted requiring
sufficient information regarding the item so that the party seeking discovery
can locate and identify the object as readily as the party from whom it is
being sought.
Reference ta Documents: In those instances where the responding party
chooses to answer a request for information by referring to a specific
document or record, it is requested that such specification be in such
FOR PRODUCTION OF DOCUMENTS TO KRISTY KNOWLES Page 8
ICE ARR R FP WDsufficient detail to permit Dyer to locate and identify the records and/or
documents from which the answer is to be ascertained, as readily as can the
party served with the request.
Computer_Based Information: In those instances where requested
information is stored only on software or other data compilations, the
responding party should either produce the raw data in its “native” format
along with all codes and programs for translating it into usable form or
produce the information in a finished usable form, which would include all
necessary glossaries, keys and indices for interpretation of the material.
Document Destruction: It is requested that all documents and/or other data
compilations which might impact on the subject matter of this litigation be
preserved and that any ongoing process of document destruction involving
such documents cease immediately.
EQUEST FOR PROD! Page 9
WW Chena Dye NOCRnscaverywinentes RIP pSDOCUMENTS TO BE PRODUCED
1. Any and all documents and things submitted to You by the Defendants.
2. Any and all documents You contend support any statement or claim made
by Bradley at the August 19, 2004 hearing, in the Bradley Affidavit or in the
Bradley Letter.
3. Any and all documents showing, containing, referring or relating to the
discrepancies identified in the Bradley Affidavit or the Bradley Letter.
4. Any and all workpapers generated by You with respect to DCl's accounting
or tax information including but not limited to the Bradley affidavit or the
Bradley letter.
5. Any and all drafts of any workpapers generated by You with respect to DCI's
accounting or tax information including but not limited to the Bradley affidavit
or the Bradley letter.
6. Any and all documents showing, containing, referring or relating to the
current accounting system software utilized by DCI or by You for DCI
including the implementation of such system as referenced in the Bradley
Affidavit.
7. Any and all documents showing, containing, or relating to information
regarding a change, modification or deletion of any of DC! assets.
8. Any and all documents showing, containing, referring or relating to the loss
of any Quickbooks data or information since the production of the Accounting
Information Production.
9. Any and all documents showing, containing, referring or relating changes in
the Quickbooks accounting data information for DCI since the creation of the
Accounting Information Production.
10. Any and all documents showing, containing, referring or relating to the loss
of DCI accounting information or data prior to the creation of the Accounting
Information Production.
11. Any and ali documents showing, containing, referring or relating to any
change or modification in the Quickbooks accounting information or data of
OCI prior to the creation of Accounting Information Production.
REQUEST FOR PRODUCTION OF DOCUMENTS TO KRISTY KNOWLES Page 10
HIG erta\Dyen OC NO scover Xn Mes RFP od12.
13.
14,
15.
16.
17.
18.
19.
20.
21.
Any and all documents showing, containing, referring or relating to transfers,
payments or conveyances made to Joseph Geeting by DC! since January 1,
2001.
Any and all documents showing, containing, referring or relating to transfers,
payments or conveyances made to Joseph Geeting by Dyer, L. Dyer, Kevin
Bames, any employees of DCI, Melisa Contreras-Dyer, S. Lambert, L.
Geating or R. Geeting since January 1, 2001.
Any and all documents showing, containing, referring or relating to transfers
made by DC! to an officer, director and/or person in control of DCI, including
but not limited to You, L. Geeting, R. Geeting, Dyer, Larry Dyer, S. Lambert
and Melisa Contreras since January 1, 2001.
Acopy of any and all financial statements You have prepared or issued since
danuary 1, 2001 on behalf of DCI.
Any and all documents, showing, containing, referring or relating to
ownership of each asset or property shown on any financial statement
prepared or issued by you on behalf of DCI since January 1, 2001.
Any and all documents that list the item and state the cost and the estimated
present market value of each item of personal property acquired by DCI
since January 1, 2001, including, but not limited to, vehicles of any sort,
firearms, collections (stamps, coins, etc.), tools, equipment of any sort,
livestock, sporting goods, boating equipment, with payments, transfers or
conveyances from DCI, Joseph Geeting, R. Geeting, L. Geeting, K. Sarnes
or S. Lambert.
Any and all documents showing, containing, referring or relating to the
implementation of the Numera accounting system referenced in the Bradley
Affidavit.
Copies of any and all documents showing, containing, referring or relating to
the training of Numera accounting system as referenced the Bradley
Affidavit.
Copies of any and all documents showing, containing, referring or relating to
the financial statements generated as a result of the implementation of the
Numera accounting system as referenced the Bradley Affidavit.
Copies of any and all documents showing, containing, referring or relating to
the accounting reports generated as a result of the implementation of the
Numera accounting system as referenced the Bradley Affidavit.
E QUEST FOR PRODUCTIO, oO STO KNOWLES Page 11
CHORE DYERDC NOM CETKAOM EERE P mpd
Preview
CAUSE NO. 04-01100-M S = zn CRAIG DYER, § OB |= § = Plaintiff, § = mM § o VY v. § a § EXAS DYER CUSTOM INSTALLATION, INC. § (DCI), JOSEPH GEETING, § SUSAN LAMBERT, RICHARD GEETING, § And LAURI GEETING, § , Defendants. § 298™ JUDICIAL DISTRICT ROCHELLE BRADLEY AND KRISTY KNOWLES’ MOTION FOR PROTECTIVE ORDER Rochelle Bradley and Kristy Knowles (“Respondents”) file this Motion for Protective Order in response to the subpocnas served on them by Plaintiff Craig Dyer, and in support would show the Court as follows: 1, Plaintiff has caused the subpoenas attached hereto as Exhibits A and B to be served on Respondents. 2. These subpoenas require Respondents to produce Defendants’ confidential financial and tax information, which was communicated to Respondents by Defendants during the course of the accountant-client relationship. 3. The materials being subpoenaed by Plaintiff are subject to the accountant-client privilege under TEX. Occ. Cope §901.457. 4. On April 30, 2007, Defendants filed their Objections and Motion for Protective Order As to Plaintiff's Requests to Rochelle Bradiey and Kristy Knowles wherein they assert the accountant-client privilege. ROCHELLE BRADLEY AND KRISTY KNOWLES’ MOTION FOR PROTECTIVE ORDER—PAGE 1 548338 0529/000135. Consequently, absent cither written consent from Defendants or an order from the Court, Respondents cannot respond to Plaintiff's subpoenas under TEX. OCC. CODE §901.457. WHEREFORE, Respondents request that this Motion be granted and that Respondents not be required to produce any documents in response to Plaintiff's subpoenas unless and until such production is either consented to by Defendants or ordered by this Court. Respectfully submitted, HERMES SARGENT BATES, LLP L. TAYLOR State Bar No. 24042008 901 Main Street, Suite 5200 Dallas, Texas 75202 (214) 749-6000 (214) 749-6100 facsimile ATTORNEYS FOR ROCHELLE BRADLEY AND KRISTY KNOWLES ROCHELLE BRADLEY AND KRISTY KNOWLES' MOTION FOR PROTECTIVE ORDER—PAGE 2 548338 0529/00013CERTIFICATE OF SERVICE The undersigned certifies that on the ©. day of May 2007, a true and correct copy of the foregoing document was forwarded via fax to counsel listed below: Mitchell Madden Lawrence S. Hosmer Madden Sewell L.L.P. Four Hickory Center 1755 Wittington Place, Suite 300 Dallas, Texas 75234 Phone: (972) 484-7780 Fax: (972) 484-7743 COUNSEL FOR PLAINTIFF CRAIG DYER Matthew A. Nowak Jacob D. Thomas Nowak & Stauch, L.L.P. 4144 N. Central Expressway, Suite 300 Amberton Tower Dallas, Texas 75204 Phone: (214) 823-2006 Fax: (214) 823-2007 COUNSEL FOR DEFENDANTS DYER CUSTOM INSTALLATION, INC. (DCD, Josepn GEETING, SUSAN LAMBERT, RICHARD GEETING AND LAURI GEETING Kenneth F. Nye Bennett, Weston & Lajone, P.C. 1750 Valley View Lane, Suite 120 Dallas, Texas 75234 Phone: (970) 481-3838 Fax: (972) 692-7197 COUNSEL FOR PLAINTIFF CRAIG DYER INT ROCHELLE BRADLEY AND KRISTY KNOWLES’ MOTION FOR PROTECTIVE ORDER—PAGE 3 548338 0529/00013EXHIBIT “A”THE STATE OF TEXAS TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN RULE 176.5, TEXAS RULES OF CIVIL PROCEDURE: WITNESS SUBPOENA PURSUANT TO RULE 176 TEXAS RULES OF CIVIL PROCEDURE IN Ss. . 04-01100-M; IN THE DIS L DIST. DALLAS COUN TY, TEXAS Craig Dyer vs. Dyer Custom Installation, Inc., Joseph Geeting, Richard Geeting, Susan Lambert and Lauri Geeting YOU ARE HEREBY COMMANDED TO SUMMON: ROCHELLE BRAOLEY Bradley-Duaill CPAs, PLLC 7370 Hawk Road Fiower Mound, Texas 75022 to appear and produce documents at 10:00 a, m., on the 14" day of May, 2007, at the offices jaddenSewell, LLP, Four Hickory Centre, 1755 Wittington Place, Suite 300, Dallas, Texas 75234 instanter to in the above-referenced matter. YOU ARE FURTHER COMMANDED to bring with you and produce the documents described in Exhibit “A” attached to this Subpoena. The witness is subpoenaed at the instance of Plaintiff, Craig Dyer represented by Mitchell Madden, Attomeys of Record, in that Certain Cause No, 04-0110-M; pending on the docket of the DISTRICT COU OR THE 298” JAt DIS F DALLAS COUNTY, TEXAS. Herein fail not, but make due return to me on or before the 10" day of May, 2007, showing how you have executed the same. Given and issued under my hand on this 30" day of April, 2007. acting under Rule 176.4(b) of the Texas Rules of Civil Procedure. _MUTCHELL MADDEN Texas State Bar No. 12789350 bab 4} sf> MaddenSewell, LLP 1755 Wittington Place, Suite300 «SCAT 7 Dallas, Texas 75234 (972) 484-7780 EXHIBIT (972) 484-7743 Facsimile j A 176.8 Enforcement of Subpoena (a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. ATTORNEYS FOR CRAIG DYEROFFICER'S RETURN Came to hand the day of . 2007, at o'clock .M., and executed by delivering a true copy of this subpoena and tendering a witness fee of ien doltars ($10.00), to at . on the day of , 2007 at o'clock iM. Retumed this day of , 2007. Service:....... $ By Printed Name: ACCEPTANCE OF SERVICE OF SUBPOENA BY WITNESS PER RULE 176 T.R.C.P. OR SUBPOENA BY WITNESS PER RULE 176 T.R.C.P. | hereby accept service of the attached subpoena WITNESS DATE SUBPOENA TO ROCHELLE BRADLEY HNC entalDyetOChDinceveryivepoene -Beaciey wrt a A PSP SPSS VOSS PUSSCAUSE NO. 04-01100-M CRAIG DYER, § IN THE DISTRICT COURT OF § 1 Plaintiff, § i § 1 v. § } § 298" JUDICIAL DISFRICT | § ! DYER CUSTOM INSTALLATION, INC. § (OCI), JOSEPH GEETING, SUSAN § LAMBERT, LAURI GEETING and § RICHARD GEETING § § Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS TO ROCHELLE BRADLEY Please take notice that, pursuant to Rules 205.3 of the Texas Rules of Civil | Procedure, Craig Dyer (“Dyer”) intends to subpoena from Rochelle Bradley ("Bradley"), a : nonparty to this suit, the documents identified in Attachment A to this notice. These documents shall be produced and Dyer shall permit inspection, sampling, testing. photographing, and/or copying of the documents at 10:00 a.m. on May 14, 2007, and continuing hereafter from day to day until completed, at the office of Mitchell Madden, MaddenSewell, LLP, 1755 Wittington Place, Suite 300, Dallas, Texas 75234. Dyer attaches hereto as Attachment “A” and incorporates herein as though set forth at length his First Request for Production of Documents to Rochelle Bradley. RE CUMENTS TO ROCHELLE BRADLEY Page 1 HOGhertaDyanOCNOacoverOresey-AFP wdMADDENSEWELL, LLP 1755 Wittington Place, Suite 300 Dallas, Texas 75234 (972) 484-7780 (972) 484-7743 Facsimile BENNETT, WESTON & LAJONE, P.C. Kenneth F. Nye State Bar No.15150800 1750 Valley View Lane, Suite 120 Dallas, Texas 75234 (970) 481-3838 (972) 692-7197 (fax) ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE | hereby certify that a true and correct copy of Plaintiff's Request for Production of Documents to Rochelle Bradley has been served upon Matthew Nowak and Jacob Thomas counsel for Defendants via certified mail retum receipt requested 70023150000464762126 this 12” day of April 2007. itchell Madden REQUEST FOR PRODUCTION OF DOCUMENTS TO ROCHELLE BRADLEY. Page 2 Hane nts Dye DCND scove ho Gor AFP wpwo ATTACHMENT A NOTICE OF REQUEST FOR PRODUCTION OF DOCUMENTS INSTRUCTIONS You are obligated to produce all responsive documents that are in your possession, custody or control. Possession, custody or control includes actual physical possession or a right to possession that is equal to or superior to the person who has physical possession. See Rule 176.6 of the Texas Rules of Civil Procedure. The documents produced responsive to this request should be either organized and labeled to correspond with the categories described in this request or produced as they are kept in the usual course of business. See Rule 196.3 of the Texas Rules of Civil Procedure. lf any document was, but is no longer, in your possession, custody or control, or is no longer in existence, state whether it is: (a) missing or lost, (b) has been destroyed, (c) has been transferred, voluntarily or involuntarily, to others, or (d) otherwise disposed of, and in each instance explain the circumstances surrounding Such disposition thereof and the state the date or approximate date thereof. \f any document or tangible think requested herein is stored, kept or saved on a compute diskette or a compact disk, please produce a copy of the computer diskette or compact disk in lieu of paper coples. If a claim is made that any material or information sough herein is privileged, you are requested to provide a statement regarding such material pursuant to Rule 193.3(a), Texas Rules of Civil Procedure. If information is deleted from documents REQUEST FOR PRODUCTION OF DOCUMENTS TO ROCHELLE BRADLEY. Page 3 HW \Chenis Ope OC ED scorer Braden RFP «0don the basis of a claimed privilege, and those documents are produced in redacted form, the documents shall indicate alteration by some means such as being stamped "REDACTED® OR “DELETION.” REQUEST FOR PRODUCTION OF DOCUMENTS TQ ROCHELLE BRADLEY Page 4 HACLenD DyerOCIOacovenAaia Ser RFP apsDEFINITIONS “Dyer” refers to Plaintiff CRAIG DYER, his attorneys, agents, representatives and employees. "DCI" refers to Defendant DYER CUSTOM INSTALLATION, INC., and its past and current, agents, representatives, and employees, predecessors or assigns, excluding Dyer unless otherwise stated. "Geeting” refers to Defendant Joseph Geeting and his past and current agents, representatives and employees. “Claims” shall mean the claims asserted by CRAIG DYER against DYER CUSTOM INSTALLATION, INC., JOSEPH GEETING, SUSAN LAMBERT, RICHARD GEETING and LAURI GEETING in the above-styled and numbered lawsuit. "Document" and “documents" shall mean any document, thing, or other tangible medium of storage, including, but not limited to, writings, printed material, photographs, videotapes, and audio recordings of every kind, in Your possession, custody, or contro!, or known by You to exist, irrespective of whether the document is one intended for or transmitted internally by You, or intended for or transmitted to any other person or entity, including without limitation any government agency, department, administrative entity, or personnel. It shall include communications in words, symbols, pictures, sound recordings, films, tapes, and information stored in, or accessible through, computer or other information storage or retrieval systems, electronic data in its “native” format, together with the codes and/or programming instructions and other materials necessary to understand and use such systems. For purposes of illustration and not limitation, the terms shail include: correspondence; transcripts of testimony; letters; notes; teports; papers; files; books; records; contracts; agreements; telegrams; ieletypes and other communications sent or received; diaries; calendars; logs, notes, or memoranda of telephonic or face-to-face conversations: drafts; workpapers; agendas; bulletins; notices; circulars; announcements; instructions; schedules; minutes, summaries, notes, and other records and recordings of any conferences, meetings, visits, statements, and other records, obligations and expenditures; canceled checks, vouchers, receipts, and other records of payment; ledgers; journals, balance sheets, profit and loss statements, and other saurces of financial data; analyses; statements; interviews; affidavits; printed matter (including published books, articles, speeches, and newspaper clippings); press releases; charts; drawings; ODUCTION OF DOCUMEN: O ROCHELLE BRADLEY Page 5 W CheniniDreOCND scoveryiBra ey APP ape10. 11. 12. 13. 14. 15. 16. specifications; manuals; brochures; parts lists; memoranda of all kind to and from any persons, agencies, or entities; technical and engineering reports, evaluations, advice, recommendations, commentaries, conclusions, studies, test plans, manuals, procedures, data, reports, results and conclusions; records of administrative, technical and financial actions, taken or recommended; title documents, such as deeds, leases, assignments, and liens, and all other writings the contents of which relate to, discuss, consider, or otherwise refer to the subject matter of the particular discovery requested. “Person” and "Persons" shall include natural persons, firms, partnerships, associations, joint ventures, and corporations. The “Proposal” shall mean the proposed business plan by Geeting on or about December of 2002 in which he agreed to personally secure loans and/or lines of credit In order to provide immediate cash flow to DCI in return for a 51% ownership interest. “L. Geeting” refers to Defendant LAURI GEETING, her agents, representatives and employees. “R. Geeting” refers to Defendant RICHARD GEETING, his agents, representatives and employees. “Larry Dyer” refers to LARRY DYER, his agents, representatives and employees. “CONTRERAS” refers to MELISA CONTRERAS-DYER, her agents, representatives and employees. “BARNES* refers to KEVIN BARNES, the person identified in Defendants’ Designation of Expert Witnesses, his agents, representatives and employees. The “Home Depot Installer” shall mean and refer to the document entitled “Installer Agreement.” The “February 2004 Home Depot Letter’ shall mean and refer to the letter dated February 2004. The “L. Dyer Assignment” shall mean and refer to the Assignment of DCI stock. The “Melisa Dyer Assignment” shall mean and refer to the Assignment of OCI stock. REQUEST FOR PRODUCTION OF DOCUMENTS TO ROCHELLE BRADLEY Page 6 rrerpBeociey REI PeICheeDyeADC Rr Pps17. The “NCA” shall mean and refer to the document dated on or about December 20, 2003. 18. “Bradley”, “You”, or “Your” shall mean and refer to Rochelle Bradley, Bradley- Ouall CPAs, PLLC the person identified as an expert witness in Defendants’ Designation of Experts. 19. “Knowles” shail mean and refer to Kristy Knowles, the person identified as an expert witness in Defendants’ Designation of Experts. 20, “June 25, 2003 letter” shall men anc refer to the letter dated June 25, 2003. 21. “Dyer Claims” shail mean and refer to the claims and allegations set forth in Dyers Second Amended Petition. 22. “Geeting Claims” shall mean and refer to the claims, defenses and factual allegations in Dyer Custom Installation, Inc.’s and Joseph Geeting’s First Amended Counterclaim against Craig Dyer and Defendants First Amended Answer filed in this cause. 23. “DCI Claims” shall mean and refer to the claims, defenses and factual allegations in Dyer Custom installation, Inc.’s and Joseph Geeting’s First Amended Counterclaim against Cralg Dyer and Defendants First Amended Answer filed in this cause. 24. The “August 19, 2004 hearing” shall mean and refer to the hearing held by Honorable Kent Sims on August 19, 2004 in the above referenced cause regarding Dyers Motion for Contempt, a true and correct copy of the transcript is attached hereto as Exhibit B, 25. The “Bradley Affidavit” shall man and refer to the document attached hereto as Exhibit “C.* 26. “Accounting Information Production” shall mean and refer to the quick books accounting data and information produced to Dyer by counsel for OCI on or about August 19, 2004. 27, The "Bradley Letter’ shall mean and refer to the letter dated August 27, 2004 from Bradley to the Honorable Kent Sims attached hereto as Exhibit "D." 28. The “May 10, 2005 Nowak Letter” shall mean and refer to the letter from Defendants’ counsel to Mitchell Madden dated May 10, 2005 attached hereto as Exhibit “E.” REQUEST FOR PRODUCTION OF DOCUMENTS TO ROCHELLE BRADLEY Page 7 W Coens yen ND scoweryBeadley REP wpeE 29. T The “Numera accounting system” shall mean and refer to the system referenced in §2b on page 2 of the Bradley Affidavit attached hereto as Exhibit C. INSTRUCTIONS Objections: To the extent You object to any Request for Production, please set forth the complete basis for the objection. If You object to only a portion of a particular Request for Production, specifically identify the portion of the Request for Production which You are objecting and respond to the remainder completely. : If You claim that any requested information is privileged and, therefore, beyond the scope of discovery, for each Request of Production, state the precise nature of the privilege and specify the factual basis for the privilege. Copying: Dyer agrees to payment of reasonable costs for reproduction or copying as provided by the Texas Rules of Civil Procedure. Extensions of Time: Any agreement for extension of time to respond to these Requests for Production must be in writing. No extensions of time for making objections to these Requests for Production should be presumed unless such agreement is specifically set out in writing. Lost or Destroyed Documents: If any requested document has been lost or destroyed, for each such document state the circumstances relating to the toss or destruction of such document, the approximate date of the loss or destruction and a reasonably complete description of the contents of such document. Identify: In those instances where the word “identify,” is used in these requests for discovery, it should be interpreted as requiring with respect to individuals, the person's name, last known address and telephone number. With respect to documents or things, it should be interpreted requiring sufficient information regarding the item so that the party seeking discovery can locate and identify the object as readily as the party from whom it is being sought. Reference to Documents: In those instances where the responding party chooses to answer a request for information by referring to a specific document or record, it is requested that such specification be in such sufficient detail to permit Dyer to locate and identify the records and/or IR PRODUCTION OF DOCUME! ROCHELLE BRADLEY Page 8 HW Cherm OyerDC nO every rece AFP mesdocuments from which the answer is to be ascertained, as readily as can the party served with the request. Computer Based _tnformation: In those instances where requested information is stored only on software or other data compilations, the responding party should either produce the raw data in its “native” format along with all codes and programs for translating it into usable form or produce the information in a finished usable form, which would include all necessary glossaries, keys and indices for interpretation of the material. Document Destruction: It is requested that all documents and/or other data compilations which might impact on the subject matter of this litigation be preserved and that any ongoing process of document destruction invalving such documents cease immediately. REQUEST FOR FRODUC TION OF DOCUMENTS TO ROCHELLE BRADLEY. Page 9 eet NDYEAOCNDrscovenBrotery AF wdDOCUMENTS TO BE PRODUCED 1. Any and all documents and things submitted to You by the Defendants. 2. Any and all documents You contend support any statement or claim made by You at the August 19, 2004 hearing, in the Bradley Affidavit or in the Bradley Letter. 3. Any and all documents showing, containing, referring or relating to the discrepancies identified in the Bradley Affidavit or the Bradley Letter. 4. Any and all workpapers generated by You with respect to DCI's accounting or tax information including but not limited to the Bradley affidavit or the Bradley letter. 5. Any and all drafts of any workpapers generated by You with respect to DCI’s accounting or tax information including but not limited to the Bradley affidavit or the Bradley letter. 6. Any and all documents showing, containing, referring or relating to the current accounting system software utilized by DCI or by You for OCI including the implementation of such system as referenced in the Bradley Affidavit. 7. Any and all documents reviewed, utilized or relied upon by You in drafting, reviewing or revising the Bradiey Affidavit or the Bradley Letter. 8. Any and all documents showing, containing, or relating to information regarding a change, modification or deletion of any of DCI assets. 9. Any and all documents showing, containing, referring or relating to the loss of any Quickbooks data or information since the production of the Accounting Information Production. 10. Any and all documents showing, containing, referring or relating changes in the Quickbooks accounting data information for OCI since the creation the Accounting Information Production. 11. Any and all documents showing, containing, referring or relating to the loss of DCI accounting information or data prior to the creation of the Accounting Information Production. EI IR PRODI FF DOCUMENTS. OCHEL| Page 10 Hien Dye OC Oscovernraday AFP nos,12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Any and all documents showing, containing, referring or relating to any change or modification in the Quickbooks accounting infarmation or data of OCI prior to the creation of Accounting Information Production. Any and all documents showing, containing, referring or relating to transfers, payments or conveyances made to Joseph Geeting by DCI since January 1, 2001. Any and all documents showing, containing, referring or relating to transfers, payments or conveyances made to Joseph Geeting by Dyer, L. Dyer, Kevin Bames, any employees of OCI, Melisa Contreras-Dyer, S. Lambert, L. Geeting or R. Geeting since January 1, 2001. Any and all documents showing, containing, referring or relating to transfers made by DCI to an officer, director and/or person in control of OCI, including but not limited to You, L. Geeting, R. Geeting, Dyer, Larry Dyer, S, Lambert and Melisa Contreras since January 1, 2001. Acopy of any and all financial statements You have prepared or issued since January 1, 2001 on behalf of DCI. Any and all documents, showing, containing, referring or relating to ownership of each asset or property shown on any financial statement prepared or issued by you on behalf of DCI since January 1, 2001. Any and all documents that list the item and state the cost and the estimated present market value of each item of personal property acquired by DCI since January 1, 2001, including, but not limited to, vehicles of any sort, firearms, collections (stamps, coins, etc.), tools, equipment of any sort, livestock, sporting goods, boating equipment, with payments, transfers or conveyances from DCI, Joseph Geeting, R. Geeting, L. Geeting, K. Barnes or S. Lambert. Copies of any and all documents showing, containing, referring or relating to the Numera accounting system as referenced in the Bradley Affidavit. Any and all documents showing, containing, referring or relating to the imptementation of the Numera accounting system referenced in the Bradley Affidavit. Copies of any and all documents showing, containing, referring or relating to the training of Numera accounting system as referenced the Bradley Affidavit. TION OF DOCUMENTS TO ROCHEL! YY. Page 11 Capra Dye ADC RDscove REE Dey RFP pd22. Copies of any and all documents showing, containing, referring or relating to the financial statements generated as a result of the implementation of the Numera accounting system as referenced the Bradley Affidavit. 23. Copies of any and all documents showing, containing, referring or relating to the accounting reports generated as a result of the implementation of the Numera accounting system as referenced the Bradley Affidavit. 24. — Copies of all documents relating to 1099s issued by DCI since January 1, 2003. 25. All files, and their contents, in which You maintain DCI's tax records. 26. All documents comprising of DCI's original 2003 income tax return. 27. All documents utilized in preparing DCI's original 2003 income tax return. 28. —Alldocuments comprising any amendments of and/or supplements to DC!'s 2003 income tax return. 28. All K-1s utilized or relied upon in preparing DC}’s 2003 income tax return. 30. All income tax returns schedules (including but not limited to schedules C, D, E, and SE) prepared and/or utilized in conjunction with the preparation of OCI's 2003 income tax return. 31. All 1099s utilized in conjunction with the preparation of DCI’s 2003 income tax return. 32. Any and all documents showing, containing, referring or relating to all 1099s issued to DCI for the 2003 taxable year. 33. Any and all documents showing, containing, referring or relating ta documents evidencing the expenses claimed by DC! In its 2003 income tax return. 34. Any and all documents showing, containing, referring or relating to documents evidencing any property or assets claimed to be owned by OCI in its 2003 income tax retum. 35. Any and all documents showing, containing. referring or relating to documents evidencing the income claimed by DCI in its 2003 income tax return. E QUEST FO} DOCUMENTS T' & BRADLEY Page 12 H Coente\DyeOC hacer eradley RFP woo36. All documents comprising of DCI's original 2004 income tax return. 37. All documents utilized in preparing DCI's original 2004 income tax return. 38. Alldocuments comprising any amendments of and/or supplements to DCI’s 2004 income tax retum. 39, All K-1s utilized or relied upon in preparing DCI's 2004 income tax retum. 40. All income tax returns schedules (including but not limited to schedules C, D, E, and SE) prepared and/or utilized in conjunction with the preparation of OCI's 2004 income tax return. 41. All 1099s utilized in conjunction with the preparation of DCI's 2004 income tax return. 42. Any and all documents showing, containing, referring or relating to alt 1099s issued to DC! for the 2004 taxable year. 43. Any and all documents showing, containing, referring or relating to documents evidencing the expenses claimed by DCI in its 2004 income tax return. 44. Any and all documents showing, containing, referring or relating to documents evidencing any property or assets claimed to be owned by DCI in its 2004 income tax return. 45, Any and all documents showing, containing, referring or relating to documents evidencing the income claimed by OC! in its 2004 income tax return. 46. All documents comprising of DCI's original 2005 income tax retum. 47. — All documents utilized in preparing DCI’s original 2005 income tax retum. 48. Alldocuments comprising any amendments of and/or supplements to DCI's 2005 income tax return. 49. All K-1s utilized or relied upon in preparing DCI's 2005 income tax return. 50. All income tax retums schedules (including but not limited to schedules C, D, E, and SE) prepared and/or utilized in conjunction with the preparation of DCI's 2005 income tax retum. REQUEST FOR PRODUCTION OF DOCUMENTS TQ ROCHELLE BRADLEY Page 13 Cranes Open 0CnDacovery@vadiey- RFP ed$1. 52. 53. 55. 56. 57. 58. 59. 60. 61. 62. 63. 84. REQUE: M4 CaentsiDyen OC NDscoveryBratey REP wos All 1099s utilized in conjunction with the preparation of OCI's 2005 income tax return. Any and all documents showing, containing, referring or relating to all 1099s issued to OCI for the 2005 taxable year. Any and all documents showing, containing, referring or relating to documents evidencing the expenses claimed by DCt in its 2005 income tax return. Any and all documents showing, containing, referring or relating to documents evidencing any property or assets claimed to be owned by DCI in its 2005 income tax return. Any and all documents showing, containing, referring or relating to documents evidencing the income claimed by DCI in its 2005 income tax returm. All documents comprising of DCI’s original 2006 income tax retum. All documents utilized in preparing OCI's original 2006 income tax return. All documents comprising any amendments of and/or supplements to DCI's 2006 income tax return. All K-1s utilized or relied upon in preparing DCI's 2006 income tax return. All income tax returns schedules (including but not limited to schedules C, D, E, and SE) prepared and/or utilized in conjunction with the preparation of OCI's 2006 income tax return. All 1099s utilized in conjunction with the preparation of DC!'s 2006 income tax return. Any and all documents showing, containing, referring or relating to all 1099s issued to DCI for the 2006 taxable year. Any and all documents showing, containing, referring or relating to documents evidencing the expenses claimed by DCI in its 2006 income tax return. Any and all documents showing, containing, referring or relating to documents evidencing any property or assets claimed to be owned by DCI in its 2006 income tax return. OF DOCUMENTS TO ROCHELLE BRADLEY Page t465. Any and all documents showing, containing, referring or relating to documents evidencing the income claimed by DCt in its 2006 income tax retum. 66. Any and all documents showing, containing, referring or relating to Public Information Reports filed on behalf of DCI since January 1, 2003. 67. Anyandall documents showing, containing, referring to relating to Franchise Tax Reports filed on behalf of DCI since January 1, 2003. 68. Any and afl documents showing, containing, referring or relating to Sales Tax Reports filed on behalf of DC! since January 1, 2003. Ri Fi ICTION OF DOCUMENTS TO ROCHELLE Bi LEY Page 15 Hi CuenenDyenDoRDnacovernOredey REP wooEXHIBIT “B”ee @ THE STATE OF TEXAS e TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN RULE 176.5, TEXAS RULES OF CIVIL PROCEDURE: WITNESS SUBPOENA PURSUANT TO RULE 176 TEXAS RULES OF CIVIL PROCEDURE IN CAUSE NO, 04-01100-M: IN THE DISTRICT COURT FOR THE 298" JUDICIAL DISTRICT OF DALLAS COUNTY. S Craig Dyer vs. Dyer Custom Installation, Inc., Joseph Geeting, Richard Geeting, Susan Lambert and Lauri Geeting YOU ARE HEREBY COMMANDED TO SUMMON: KRISTY KNOWLES Bradley-Duall CPAs, PLLC 7370 Hawk Road Fiower Mound, Texas 75022 to appear and produce documents at 10:00 a. m,, on the 14". day of May, 2007, at the offices of MaddenSewell, LLP, Four Hickory Centre, 1755 Wittington Place, Suite 300, Dallas, Texas 75234 instanter to in the above-referenced matter. YOU ARE FURTHER COMMANDED to bring with you and produce the documents described in Exhibit “A” attached to this Subpoena. The witness is subpoenaed at the instance of Plaintiff, Craig Dyer represented by Mitchell Madden, Attorneys of Record, in that Certain Cause No. 04-0110-M; pending on the docket of the O COURT FOR THE 298” JUDICI, ICT OF DALLAS COUN Herein fail not, but make due return to me on or before the 10" day of May, 2007, showing how you have executed the same. Given and issued under my hand on this 30" day of April, 2007, acting under Rule 176.4(b) of the Texas Ruleggof Civil P. jure. AITEHELL MADDEN Texas State Bar No. 12789350 bel +}30/> MaddenSewell, LLP $c a 3 1755 Wittington Place, Suite 300 ? Dallas, Texas 75234 (972) 484-7780 EXHIBIT (972) 484-7743 Facsimile } _B_ 176.8 Enforcement of Subpoena (a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. ATTORNEYS FOR CRAIG DYEROFFICER’S RETURN Came to hand the day of , 2007, at o'clock .M., and executed by delivering a true copy of this subpoena and tendering a witness fee of ten dollars ($10.00), to at on the day of , 2007 at o'clock __.M. Returned this day of . 2007. Service:....... $ By Printed Name: ACCEPTANCE OF SERVICE OF SUBPOENA BY WITNESS PER RULE 176 T.R.C.P. OR SUBPOENA BY WITNESS PER RULE 176 T.R.C.P. | hereby accept service of the attached subpoena WITNESS DATE SUBPOENA TO KRISTY KNOWLES H.ACentstOyeN CROW corery\S treme Knowiee.wedCAUSE NO. 04-01100-M CRAIG DYER, § IN THE DISTRICT COURT OF § Plaintiff, § § ve § § 298" JUDICIAL DISTRICT § DYER CUSTOM INSTALLATION, INC. § (DCI), JOSEPH GEETING, SUSAN § LAMBERT, LAURI GEETING and § RICHARD GEETING . § § Defendants. § DALLAS COUNTY, TEXAS * UEST PI ON OF DOCUMENTS TO KRISTY KNOWLES Please take notice that, pursuant to Rules 205.3 of the Texas Rules of Civil Procedure, Craig Dyer ("Dyer") intends to subpoena from Kristy Knowles ("Knowles"), a nonparty to this suit, the documents identified in Attachment A to this notice. These documents shall be produced and Dyer shall permit inspection, sampling, testing, photographing, and/or copying of the documents at 10:00 a.m. on May 14, 2007, and continuing hereafter from day to day until completed, at the office of Mitchell Madden, MaddenSewell, LLP, 1755 Wittington Place, Suite 300, Dallas, Texas 75234. Dyer attaches hereto as Attachment “A" and incorporates herein as though set forth at length his First Request for Production of Documents to Kristy Knowles. REQUEST FOR PRODUCTION OF DOCUMENTS TO KRISTY KNOWLES Page 1 iB \Caenta DyerOC ROncoveryirowdea AFP ptthis 12” day of April 2007. ichell Madden tate Bar No. 12789350 MAODENSEWELL, LLP 1755 Wittington Place, Suite 300 Dallas, Texas 75234 (972) 484-7780 (972) 484-7743 Facsimile BENNETT, WESTON & LAJONE, P.C. Kenneth F. Nye State Bar No.15150800 1750 Valley View Lane, Suite 120 Dallas, Texas 75234 (970) 481-3838 (972) 692-7197 (fax) ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE | hereby certify that a true and correct copy of Plaintiff's Request for Production of Documents to Kristy Knowles has been served upon Matthew Nowak and Jacob Thomas counsel for Defendants via certified mail retum receipt requested 70023150000464 762126 itchell Madden REQUEST FI IC OF D ENTS TO KRISTY KNOWLES. Page 2 HW Charenibyer OG hOnorven Mnowe FHP wpeIn REQUE: ATTACHMENT A NOTICE OF REQUEST FOR PRODUCTION OF DOCUMENTS INSTRUCTIONS You are obligated to produce all responsive documents that are in your possession, custody or control. Possession, custody or control includes actual physical possession or a right to possession that is equal to or superior to the person who has physical possession. See Rule 176.6 of the Texas Rules of Civil Procedure. The documents produced responsive to this request should be either organized and labeled to correspond with the categories described in this request or produced as they are kept in the usual course of business. See Rule 196.3 of the Texas Rules of Civil Procedure. If any document was, but is no longer, in your possession, custody or control, or is no longer in existence, state whether it is: (a) missing or lost, (b) has been destroyed, (c) has been transferred, voluntarily or involuntarily, to others, or (d) otherwise disposed of, and in each instance explain the circumstances surrounding such disposition thereof and the state the date or approximate date thereof. If any document or tangible think requested herein is stored, kept or saved on a compute diskette or a compact disk, please produce a copy of the computer diskette or compact disk in lieu of paper copies. If a claim is made that any materiat or information sough herein is privileged, you are requested to provide a statement regarding such material pursuant to Rule 193.3(a), Texas Rules of Civil Procedure. If information is deleted from documents CTION iocu ‘Ss ISTY KI Page 3 HisCkents\DyenC ROescoverXnomes- RFP mpdon the basis of a claimed privilege, and those documents are produced in redacted form, the documents shall indicate alteration by some means such as being stamped "REDACTED" OR “DELETION.” REQUEST FOR PRODUCTION OF DOCUMENTS TO KRISTY KNOWLES. Page 4 HAC Tent Dye OC NDiscowe owas RFP pdDEFINITIONS 1. “Dyer refers to Plaintiff CRAIG DYER, his attorneys, agents, representatives and employees. 2. "DCI" refers to Defendant DYER CUSTOM INSTALLATION, INC., and its past and current, agents, representatives, and employees, predecessors or assigns, excluding Dyer unless otherwise stated. 3. “Geeting” refers to Defendant Joseph Geeting and his past and current agents, representatives and employees. 4. *Claims” shail mean the claims asserted by CRAIG DYER against DYER CUSTOM INSTALLATION, INC., JOSEPH GEETING, SUSAN LAMBERT, RICHARD GEETING and LAURI GEETING in the above-styled and numbered lawsuit. 5. “Document” and “documents” shall mean any document, thing, or other tangible medium of storage, including, but not limited to, writings, printed material, photographs, videotapes, and audio recordings of every kind, in Your possession, custody, or control, or known by You to exist, irrespective of whether the document is one intended for or transmitted internally by You, or intended for or transmitted to any other person or entity, including without limitation any government agency, department, administrative entity, or personnel. It shall include communications in words, symbols, pictures, sound recordings, films, tapes, and information stored in, or accessible through, computer or other information storage or retrieval systems, electronic data in its “native” format, together with the codes and/or programming instructions and other materials necessary to understand and use such systems. For purposes of illustration and not limitation, the terms shall include: correspondence; transcripts of testimony; letters; notes; reports; papers; files; books: records; contracts; agreements; telegrams: teletypes and other communications sent or received; diaries; calendars: logs, notes, or memoranda of telephonic or face-to-face conversations; drafts; workpapers; agendas; bulletins; notices; circulars, announcements: instructions, schedules; minutes, summaries, notes, and other records and recordings of any conferences, meetings, visits, statements, and other records, obligations and expenditures; canceled checks, vouchers, receipts, and other records of payment; ledgers: journals, balance sheets, profit and loss statements, and other sources of financial data; analyses; statements; interviews; affidavits; printed matter (including published books, articles, speeches, and newspaper clippings): press releases; charts; drawings; Di Ei v Page 5 HChenen OyernC Mncovery Koel es RFP wpd10. 11. 12. 13, 14, 15. 16. REQUEST specifications; manuals; brochures; parts lists; memoranda of all kind to and from any persons, agencies, or entities; technical and engineering reports, evaluations, advice, recommendations, commentaries, conclusions, studies, test plans, manuals, procedures, data, reports, results and conclusions, tecords of administrative, technical and financial actions, taken or recommended; title documents, such as deeds, leases, assignments, and liens, and all other writings the contents of which relate 1o. discuss, consider, or otherwise refer to the subject matter of the particular discovery requested. “Person” and “Persons” shail include natural persons, firms, partnerships, associations, joint ventures, and corporations. The “Proposal” shall mean the proposed business plan by Geeting on or about December of 2002 in which he agreed to personally secure loans and/or lines of credit in order to provide immediate cash flow to DCI in return for a 51% ownership interest. “L. Geeting” refers to Defendant LAUR! GEETING, her agents, representatives and employees. “R. Geeting” refers to Defendant RICHARD GEETING, his agents, fepresentatives and employees. “Larry Dyer’ refers to LARRY DYER, his agents, representatives and employees. “CONTRERAS” refers to MELISA CONTRERAS-DYER, her agents, tepresentatives and employees. “BARNES” refers to KEVIN BARNES, the person identified in Defendants’ Designation of Expert Witnesses, his agents, representatives and employees. The “Home Depot Installer” shall mean and refer to the document entitled “Installer Agreement.” The “February 2004 Home Depot Letter” shall mean and refer to the letter dated February 2004. The “L. Dyer Assignment” shall mean and refer to the Assignment of OCI stock. The “Melisa Dyer Assignment” shall mean and refer to the Assignment of DCI stock. 1D! F DOCUMENTS TO KRI: Page 6 W Crents OreOC MDnscoveninowts AFP wpe17. 18. 419. 20. 21. 22. 23. 24. 26. 26. 27. 28. The “IICA” shall mean and refer to the document dated on or about December 20, 2003. “Bradley”, shall mean and refer to Rochelle Bradley, Bradley-Dualt CPAs, PLLC the person identified as an expert witness in Defendants’ Designation of Experts. “Knowles” “You” or “Your” shall mean and refer to Kristy Knowles, Bradley- Duail CPAs, PLLC the person identified as an expert witness in Defendants’ Designation of Experts. “June 25, 2003 letter” shall men and refer to the letter dated June 25, 2003. “Dyer Claims” shall mean and refer to the claims and allegations set forth in Dyer's Second Amended Petition. “Geeting Claims" shall mean and refer to the claims, defenses and factual allegations in Dyer Custom Installation, Inc.'s and Joseph Geeting’s First Amended Counterclaim against Craig Dyer and Defendants First Amended Answer filed in this cause. “DCI Claims” shal! mean and refer to the claims, defenses and factual allegations in Dyer Custom Installation, Inc.'s and Joseph Geeting's First Amended Counterclaim against Craig Dyer and Defendants First Amended Answer filed in this cause. The “August 19, 2004 hearing" shall mean and refer to the hearing held by Honorable Kent Sims on August 19, 2004 in the above referenced cause regarding Dyer’s Motion for Contempt, a true and correct copy of the transcript is attached hereto as Exhibit B. The “Bradley Affidavit” shall man and refer to the document attached hereto as Exhibit “C.” “Accounting Information Production” shall mean and refer to the quick books accounting data and information produced to Dyer by counsel for DC! on or about August 19, 2004. The “Bradley Letter’ shall mean and refer to the letter dated August 27, 2004 from Bradley to the Honorable Kent Sims attached hereto as Exhibit “D.” The "May 10, 2005 Nowak Letter” shall mean and refer to the letter from Defendants’ counsel to Mitchell Madden dated May 10, 2005 attached hereto as Exhibit “E." REQUEST FOR PRt OF DOCUMENTS KNOWLES. Page 7 1 Cueees DyenDC ND seoery Minamata FFP wd29. REQUEST HxCaensOyonOCADn The “Numera accounting system” shall mean and refer to the system referenced In {2b on page 2 of the Bradley Affidavit attached hereto as Exhibit C. INSTRUCTIONS Objections: To the extent You object to any Request for Production, please set forth the complete basis for the objection. If You object to only a portion of a particular Request for Production, spacifically identify the portion of the Request for Production which You are objecting and respond to the remainder completely. Claims of Privitege: If You claim that any requested information is privileged and, therefore, beyond the scope of discovery, for each Request of Production, state the precise nature of the privilege and specify the factual basis for the privilege. Copying: Dyer agrees to payment of reasonable costs for reproduction or copying as provided by the Texas Rules of Civil Procedure. Extensions of Time: Any agreement for extension of time to respond to these Requests for Production must be in writing. No extensions of time for making objections to these Requests for Production should be presumed unless such agreement is specifically set out in writing. Lost or Destroyed Documents: If any requested document has been lost or destroyed, for each such document state the circumstances relating to the loss or destruction of such document, the approximate date of the loss or destruction and a reasonably complete description of the contents of such document. Identify: In those instances where the word "identify." is used in these requests for discovery, it should be interpreted as requiring with respect to individuals, the person's name, last known address and telephone number. With respect to documents or things, it should be interpreted requiring sufficient information regarding the item so that the party seeking discovery can locate and identify the object as readily as the party from whom it is being sought. Reference ta Documents: In those instances where the responding party chooses to answer a request for information by referring to a specific document or record, it is requested that such specification be in such FOR PRODUCTION OF DOCUMENTS TO KRISTY KNOWLES Page 8 ICE ARR R FP WDsufficient detail to permit Dyer to locate and identify the records and/or documents from which the answer is to be ascertained, as readily as can the party served with the request. Computer_Based Information: In those instances where requested information is stored only on software or other data compilations, the responding party should either produce the raw data in its “native” format along with all codes and programs for translating it into usable form or produce the information in a finished usable form, which would include all necessary glossaries, keys and indices for interpretation of the material. Document Destruction: It is requested that all documents and/or other data compilations which might impact on the subject matter of this litigation be preserved and that any ongoing process of document destruction involving such documents cease immediately. EQUEST FOR PROD! Page 9 WW Chena Dye NOCRnscaverywinentes RIP pSDOCUMENTS TO BE PRODUCED 1. Any and all documents and things submitted to You by the Defendants. 2. Any and all documents You contend support any statement or claim made by Bradley at the August 19, 2004 hearing, in the Bradley Affidavit or in the Bradley Letter. 3. Any and all documents showing, containing, referring or relating to the discrepancies identified in the Bradley Affidavit or the Bradley Letter. 4. Any and all workpapers generated by You with respect to DCl's accounting or tax information including but not limited to the Bradley affidavit or the Bradley letter. 5. Any and all drafts of any workpapers generated by You with respect to DCI's accounting or tax information including but not limited to the Bradley affidavit or the Bradley letter. 6. Any and all documents showing, containing, referring or relating to the current accounting system software utilized by DCI or by You for DCI including the implementation of such system as referenced in the Bradley Affidavit. 7. Any and all documents showing, containing, or relating to information regarding a change, modification or deletion of any of DC! assets. 8. Any and all documents showing, containing, referring or relating to the loss of any Quickbooks data or information since the production of the Accounting Information Production. 9. Any and all documents showing, containing, referring or relating changes in the Quickbooks accounting data information for DCI since the creation of the Accounting Information Production. 10. Any and all documents showing, containing, referring or relating to the loss of DCI accounting information or data prior to the creation of the Accounting Information Production. 11. Any and ali documents showing, containing, referring or relating to any change or modification in the Quickbooks accounting information or data of OCI prior to the creation of Accounting Information Production. REQUEST FOR PRODUCTION OF DOCUMENTS TO KRISTY KNOWLES Page 10 HIG erta\Dyen OC NO scover Xn Mes RFP od12. 13. 14, 15. 16. 17. 18. 19. 20. 21. Any and all documents showing, containing, referring or relating to transfers, payments or conveyances made to Joseph Geeting by DC! since January 1, 2001. Any and all documents showing, containing, referring or relating to transfers, payments or conveyances made to Joseph Geeting by Dyer, L. Dyer, Kevin Bames, any employees of DCI, Melisa Contreras-Dyer, S. Lambert, L. Geating or R. Geeting since January 1, 2001. Any and all documents showing, containing, referring or relating to transfers made by DC! to an officer, director and/or person in control of DCI, including but not limited to You, L. Geeting, R. Geeting, Dyer, Larry Dyer, S. Lambert and Melisa Contreras since January 1, 2001. Acopy of any and all financial statements You have prepared or issued since danuary 1, 2001 on behalf of DCI. Any and all documents, showing, containing, referring or relating to ownership of each asset or property shown on any financial statement prepared or issued by you on behalf of DCI since January 1, 2001. Any and all documents that list the item and state the cost and the estimated present market value of each item of personal property acquired by DCI since January 1, 2001, including, but not limited to, vehicles of any sort, firearms, collections (stamps, coins, etc.), tools, equipment of any sort, livestock, sporting goods, boating equipment, with payments, transfers or conveyances from DCI, Joseph Geeting, R. Geeting, L. Geeting, K. Sarnes or S. Lambert. Any and all documents showing, containing, referring or relating to the implementation of the Numera accounting system referenced in the Bradley Affidavit. Copies of any and all documents showing, containing, referring or relating to the training of Numera accounting system as referenced the Bradley Affidavit. Copies of any and all documents showing, containing, referring or relating to the financial statements generated as a result of the implementation of the Numera accounting system as referenced the Bradley Affidavit. Copies of any and all documents showing, containing, referring or relating to the accounting reports generated as a result of the implementation of the Numera accounting system as referenced the Bradley Affidavit. E QUEST FOR PRODUCTIO, oO STO KNOWLES Page 11 CHORE DYERDC NOM CETKAOM EERE P mpd