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CAUSE NO. 04-01100-M nin -
0
CRAIG DYER,
Plaintiff,
ve
DYER CUSTOM INSTALLATION, INC.
(DCI) JOSEPH GEETING, and SUSAN
LAMBERT.
MMO LN LN
Defendants.
DALLAS COUNTY, TEXAS
PLAINTIFF'S MOTION TO QUASH NOTICE TO TAKE THE ORAL DEPOSITIONS
AND DUCES TECUM OF MITCHELL MADDEN AND KENNETH NYE
COMES NOW, Craig Dyer, Plaintiff, and makes and files this Motion to Quash the
Notices of Deposition Duces Tecum of Mitchell Madden and Kenneth Nye and would
tespectfully show unto the court as follows:
I.
GROUNDS FOR MOTION
On Wednesday, December 3, 2008 counsel for Plaintiff was served via facsimile
with the Notices of Deposition Duces Tecum of Kenneth F. Nye and Mitchell Madden for
December 9" and December 10", true and correct copies of which are attached hereto as
Exhibits “A” and “B” and incorporated by reference as though set forth herein at length.
This Motion was filed within three days of receipt of such Notice of Deposition and
therefore is timely.
Pursuant to Rule 199.4 of the Texas Rules of Civil Procedure, Plaintiff objects to the
time and place of the deposition as unreasonable. Specifically, the depositions were
PLAINTIFF'S MOTION TO QUASH THE STATE OF TEXAS SUBPOENA DUCES TECUM OF KENNETH
F. NYE AND MITCHELL MADDEN Page 1noticed for a time and date when counsel for Defendants’ knew that lead counsel for
Plaintiff would be on vacation. See the vacation letter on file in the above entitled and
numbered cause attached hereto as Exhibit C.
Pursuant to Rule 199.4 of the Texas Rules of Civil Procedure, in that this motion has
been filed no later than the third business day after service of the Notice and an objection
is made to the time and place of the scheduled depositions, Plaintiff respectfully reminds
the Defendants’ counsel that the depositions are automatically stayed until such time as
this motion can be determined by the court.
By letter dated December 2, 2008 counsel for Plaintiff advised Defendants’ counsel
that Plaintiff intended to de-designate Mitchell Madden and Kenneth Nye as expert
witnesses on Plaintiff's attorneys fees and have designated John P. Lewis as their expert.
By letter dated December 3, 2008 counsel for Defendants indicated that they would
oppose such designation. it is Plaintiffs intent to approach the court regarding this
designation and to the extent that the court determines that Plaintiffs designation is
untimely, Plaintiff will make Mitchell Madden and Kenneth F. Nye available for deposition
as reasonable possible thereafter.
WHEREFORE, premises considered, Plaintiff requests that this Court grant this
Motion to Quash and for Protective Order preventing any further attempts by Defendant
to seek this discovery and for such other and further relief at law or in equity, to which
Plaintiff can show himself justly entitled.
PLAINTIFF'S MOTION TO QUASH THE STATE OF TEXAS SUBPOENA DUCES TECUM OF KENNETH
F. NYE AND MITCHELL MADDEN Page 2Respectfully submitted,
a Ke
Paul Sewell
State Bar No. 00797412
Thomas V. Murto Ill
State Bar No. 14740500
MADDENSEWELL, LLP
1755 Wittington Place, Suite 300
Dallas, Texas 75234
(972) 484-7780
(972) 484-7743 Facsimile
ATTORNEYS FOR CRAIG DYER
CERTIFICATE OF SERVICE
| hereby certify that the foregoing document was duly served upon the following
counsel of record via facsimile transmission and certified mail, return receipt requested on
December 8, 2008
Matthew A. Nowak
Nowak & Stauch
4144N. Central Expressway, Suite 300
Dallas, Texas 75204
(214) 741-4717 - fax
Thomas V. Murto III
PLAINTIFF'S MOTION TO QUASH THE STATE OF TEXAS SUBPOENA DUCES TECUM OF KENNETH -
F. NYE AND MITCHELL MADDEN Page 312/03/2008 17:19 FAX
Received:
Dec 3 2008 O4:2000
NOWAK and STAUCH,LLP
Qo147o23
CAUSE NO. 04-01100-M
CRAIG DYER,
Plaintiff,
vs.
DYER ‘CUSTOM INSTALLATION, INC.
(DCN, JOSEPH GEETING,
SUSAN LAMBERT, RICHARD GEETING
and LAJRI GEETING
Nefendants.
PRO PLUMBING & APPLIANCE
INSTALLATION, INC. f/k/a DYER
CUSTOM INSTALLATION, INC.
Plaintiff,
vs,
CRAIG DYER, MELISA CONTRERAS,
and THE ESTATE OF LARRY DYER
Defendants.
CONOR OC OD WO OD OO OO LL WO tt
IN THE DISTRICT COURT
298" JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS
NOTICE TO TAKE THE ORAL DEPOSITION
OF MITHCELL MADDEN WITH SUBPOENA DUCES TECUM
TO: Plaintiff Craig Dyer, by and through his attorney of record, Paul Sewell, MACDEN
SEWELL, LLP, Four Hickory Centre, 1755 Wittington Place, Suite 300, Dallas, T:xas
75234.
PLEASE TAKE NOTICE that on Tuesday, December 9, 2008, beginning at 10:00 :.m.
and cont nuing thereafter until completed, Nowak & Stauch, LLP, attomeys for Defendants will
take the oral deposition of Mitchell Madden at the offices of Madden Sewell, LLP, 1755
Wittington Place, Suite 300, Daas, Texas 75234, in front of a certified court reporter. ‘aid
deposition may be videotaped.
EXHIBIT
PA
NOTICE TO CAKE THE ORAL DEPOSITION
OF MITCHE].L MADDEN WITH SUBPOENA DUCES TECUM - Page 1 of 5: “oe Received: Dec 3 2008 D4 205
12/03/2008 17:19 FAX “rene NOWAK and STAUCH, LLP é 015/023
Ia accordance with the Texas Rules of Civil Procedure, the deponent is directed to
produce all documents and/or tangible things responsive to the Requests set out :n Exhibit "A"
attached hereto and incorporated herein by reference.
‘YOU ARE INVITED TO ATTEND AND CROSS-EXAMINE THE WITNESS.
Respectfully submitted,
Nowak & Staucu, LLP
By: :
Matthew A. Nowak
State Bar No. 00794382
Thomas R. Stauch
State Bar No, 00794687
Brandon L. Starling
State Bar No. 24047556
4144 N. Central Expressway, Suite 309
Dallas, TX 75204
214-823-2006 — Telephone
214-823-2007 — Facsimile
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
Thereby certify that a true and correct copy of the foregoing document -was served in
accordance with TEXAS RULES OF CIVIL PROCEDURE 21 and 21a on all partis to this -:ase
on this tte 3% day of December 2008.
Matthew A. Nowak
NOTICE TO TAKE THE ORAL DEPOSITION
OF MITCHE:... MADDEN WITH SUBPOENA DUCES TECUM - Page 2 of $: ve Received: Bec 3 2008 dpe
12/03/2006 17:19 FAX NOWAK and STAUCH,LLP @ 016/023
EXHIBIT A
All of the following records, documents and tangible things that are in the posse:sion,
custody and/or control of MITCHELL MADDEN shall be produced at the time of the takiag of
the oral deposition:
1. Any and all documents evidencing or relating to all agreements between Mi chell
Madden and Craig Dyer.
2. Any and all documents cvidencing or relating to all agreements between Michell
Madden and Debra Dyer as Executrix of The Estate of Larry Dyer.
3. Any and all documents evidencing or relating to all agreements between Michell
Madden and Melisa Dyer a/k/a Melisa Contreras.
4. Any and all documents evidencing or relating to all agreements between Madden S:well
and Craig Dyer.
5. Any and all documents evidencing or relating to all agreements between Madden Szwell
ind Debra Dyer as Executrix of The Estate of Larry Dyer.
6. Any and all documents evidencing or relating to all agreements between Madden S-well
and Melisa Dyer a/k/a Melisa Contreras.
7. 4 copy of any fee agreement between Mitchell Madden and Craig Dyer.
8. 4 copy of any fee agreement between Mitchell Madden and Debra Dyer as Executix of
‘The Estate of Larry Dyer.
9. -A copy of any fee agreement between Mitchell Madden and Melisa Dyer a/k/a Melisa
‘ontreras.
10, A. copy of any fee agreement between Madden Sewell and Craig Dyer.
lL. 4 copy of any fee agreement between Madden Sewell and Debra Dyer as Executsix of
The Estate of Larry Dyer.
12. A copy of any fee agreement between Madden Sewell and Melisa Dyer a/k/a Melisa
‘Contreras.
13. Any and all documents evidencing or relating to receipt of any payments made, either
‘with cash, credit card or check, by Craig Dyer or on behalf of Craig Dyer for legal
nervices rendered by Mitchell Madden, Kenneth Nye, Paul Sewell, Mark Hendrix, cr the
law firm of Madden Sewell.
14. Any end all documents evidencing or relating to payments made, either with cagh, credit
ward or check, by Debra Dyer as Executrix of The Estate of Larry Dyer or on behilf of
Debra Dyer as Executrix of The Estate of Larry Dyer for legal services rendered by
NOTICE T) TAKE THE ORAL DEPOSITION
OF MITCHELL MADDEN WITH SUBPOENA DUCES TECUM - Page 3 of 5vs Received: Dec 3 200K git. 200m
"12/03/2008 17:19 FAX cerived NOPAK and STAUCH,LLP @o17s023
Mitchell Madden, Kenneth Nye, Paul Sewell, Mark Hendrix, or the law firm of Msdden
Sewell.
15. Any an all documents evidencing or relating to all payments made, either with zash,
credit card or check, by Melisa Dyer a/k/a Melisa Contreras or on behalf of Melisa Dyer
whk/a Melisa Contreras for legal services rendered by Mitchell Madden, Kenneth Nye,
Paul Sewell, Mark Hendrix, or the law firm of Madden Sewell.
16. Any and all bills generated or created by Mitchell Madden, Kenneth Nye, Paul Sewell,
!Mark Hendrix, the law firm of Mitchell Madden, and/or the law firm of Madden Sewell
with regard to the representation of Craig Dyer.
17. Any and all bills generated or created by Mitchell Madden, Kenneth Nye, Paul Sewell,
Mark Hendrix, the law firm of Mitchell Madden, and/or the Jaw firm of Madden Sewell
with regard to the representation of Debra Dyer as the Executrix of the Estate of Lary
Dyer.
18, Any and all bills generated or created by Mitchell Madden, Kenneth Nye, Paul Se-vell,
Mark Hendrix, the Jaw firm of Mitchell Madden, and/or the lew firm of Madden Sewell
vith regard to the representation of Melisa Dyer a/k/a Melisa Contreras.
19. Any and all documents relating to any other entity, including but not limited to Dyer
Mechanical Services, L.L.C., MM-FIRECORALE, LTD., and/or MM-FC, Inc. paying
and/or providing any consideration for the representation of Craig Dyer, Debra Dyer as
the Executrix of the Estate of Larry Dyer, and/or Melisa Dyer a/k/a Melisa Contreras.
NOTICE TO TAKE THE ORAL DEPOSITION
OF MITCHEI.L MADDEN WITH SUBPOENA DUCES TECUM - Page 4 of S. feceived: Dec 9 2008 ade? toe
12/03/2008 17.19 FAX sree NOWAK and STAUCH, LLP 018/023
As ised herein, “document” and "documents" shall mean any document, thing, or other
tangible medium of storage, including, but not limited to, writings, printed material,
photographs, videotapes, computer data, in its native format, and audio recordings of «very
kind, in Your possession, custody, or control, or known by You to exist, imespective of
whether the document is one intended for or transmitted internally by You, or intended for or
transmitted to any other person or entity, incliding without limitation ary government
ager.cy, 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 retricval systems, together with
the codes and/or programming instructions and other materials necessary to understanc and
use such systems. For purposes of illustration and not limitation, the terms shall inc-ude:
correspondence; transcripts of testimony, letters; notes; reports; papers; files; books; records;
contvacts,; agreements, telegrams; teletypes and other communications sent or recerved;
diaries; calendars, logs, notes, or memoranda of telephonic or face-to-face conversat‘ons:
drafts, workpapers, agendas, bulletins, notices; circulars; announcements; instruct ‘ons;
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; statem:nts;
interviews; affidavits; printed matter (including published books, articles, speeches, and
newspaper clippings), press releases, charts; drawings; specifications; manuals; brochares;
parts lists; memoranda of all kind to and from any persons, agencies, or entities; techrical
and engineering reports, evaluations, advice, recommendations, commentaries, conclusions,
studies, test plans, manuals, procedures, data, reports, results and conclusions; recorcs of
admmistrative, technical and financial actions, taken or recommended; title documents, :uch
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.
NOTICE TO [aKE THE ORAL DEPOSITION
OF MITCHE) _L MADDEN WITH SUBPOENA DUCES TECUM - Page 5 of S. Received: Dec 3 2008 ‘1p
“12/03/2008 17:19 FAX scene NORAK and STAUCH LLP @orgsso23
CAUSE NO. 04-01100-M
CRAIG DYER, IN THE DISTRICT COURT
Plaintiff,
VS.
DYER CUSTOM INSTALLATION, INC.
(DCN, JOSEPH GEETING,
SUSAN LAMBERT, RICHARD GEETING
and LAURI GEETING
Defendants.
PRO PLUMBING & APPLIANCE
INSTALLATION, INC. f/k/a DYER
CUSTOM INSTALLATION, INC.
Flaintiff,
vs.
CRAIG ‘DYER, MELISA CONTRERAS,
§
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:
§ 298™ JUDICIAL DISTRICT
§
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§
§
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and THE ESTATE OF LARRY DYER §
§
§
Lefendants. DALLAS COUNTY, TEXAS
NOTICE TO TAKE THE ORAL DEPOSITION
OF KENNETH NYE WITH SUBPOENA DUCES TECUM
—_—_—_ Ot SUBPOENA DUCES TECUM
TO: = Plaintiff Craig Dyer, by and through his attorney of record, Paul Sewell, MADDEN
SEWELL, LLP, Four Hickory Centre, 1755 Wittington Place, Suite 300, Dallas, Texas
73234,
PLEASE TAKE NOTICE that on Wednesday, December 10, 2008, beginning at 16:00
a.m. and conhnuing thereafter until completed, Nowak & Stauch, LLP, attomeys for Defendants
will take the oral deposition of Kenneth Nye at the offices of Madden Sewell, LLP, 1755
Wittington Place, Suite 300, Dallas, Texas 75234, in front of a certified court reporter. Said
deposition may be videotaped.
EXHIBIT
i 2
NOTICE TO “AKE THE ORAL DEPOSITION,
OF KENNET.4 NV8 WITH SUBPOENA DUCES TECUM - Page | of 5: : Received: Dec 3 200Qs4:210m
12/03/2008 17:18 FAX scene 6 NOWAK and STAUCH, LLP @ 020/023
n accordance with the Texas Rules of Civil Procedure, the deponent is directed to
produce all documents and/or tangible things responsive to the Requests set out in Exhibi "A"
attachec. hereto and incorporated herein by reference.
‘YOU ARE INVITED TO ATTEND AND CROSS-EXAMINE THE WITNESS.
Respectfully submitted,
Nowak & STAUCH, LLP
By. L CokeS 1, pou
Matthew A. Nowak
State Bar No. 00794382
Thomas R. Stauch
State Bar No. 00794687
Brandon L. Starling
State Bar No. 24047556
4144 N. Central Expressway, Suite 3C0
Dallas, TX 75204
214-823-2006 ~ Telephone
214-823-2007 — Facsimile
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served in
accordance with TEXAS RULES OF CIVIL PROCEDURE 21 and 21a on all parties to this case
on this the 3% day of December 2008.
Matthew A. Nowak
NOTICE TO TAKE THE ORAL DEPOSITION
OF KENNETH NYE WITH SUBPOENA DUCES TECUM - Page 2 of $: Received: Dec 3 200804:21on
* 12/03/2008 17:19 FAX ceived e NOWAK and STAUCH, LLP 021/023
EXHIBIT A
All of the following records, documents and tangible things that are in the possession,
custody and/or control of MITCHELL MADDEN shall be produced at the time of the taking of
the oral deposition:
1, Any and all documents evidencing or relating to all agreements between Mitchell
Madden and Craig Dyer.
2. Any and all documents evidencing or relating to all agreements between Mitchell
Madden and Debra Dyer as Executrix of The Estate of Larry Dyer.
3. Any and al! documents evidencing or relating to all agreements between Mitchell
Madden and Melisa Dyer a/k/a Melisa Contreras.
4 «any and all documents evidencing or Telating to all agreements between Madden Sewell
and Craig Dyer.
5S. any and all documents evidencing or relating to all agreements between Madden Sewell
aad Debra Dyer as Executrix of The Estate of Larry Dyer.
6. Any and all documents evidencing or relating to all agreements between Madden Sewell
snd Melisa Dyer a/k/a Melisa Contreras.
7. Ac copy of any fee agreement between Mitchell Madden and Craig Dyer.
8. 4, copy of any fee agreement between Mitchell Madden and Debra Dyer a3 Executrix of
The Estate of Larry Dyer.
9. 4. copy of any fee agreement between Mitchel] Madden and Melisa Dye- wk/a Melisa
Contreras.
10. A. copy of any fee agreement between Madden Sewell and Craig Dyer.
Il. & copy of any fee agreement between Madden Sewell and Debra Dyer as Executrix of
The Estate of Larry Dyer.
12. A copy of any fee agreement between Madden Sewell and Melisa Dyer a/k/a Melisa
Contreras.
13. Any and all documents evidencing or relating to receipt of any payments made, eicher
with cash, credit card or check, by Craig Dyer or on behalf’ of Craig Dyer for legal
services rendered by Mitchel! Madden, Kenneth Nyc, Paul Sewell, Mark Hendrix, or the
law firm of Madden Sewell.
14 Aay and all documents evidencing or relating to payments made, either with cash, credit
cerd or check, by Debra Dyer as Executrix of The Estate of Larry Dyer or on behal! of
Debra Dyer as Executrix of The Estate of Larry Dyer for legal services rendered by
NOTICE TO TAKE THE ORAL DEPOSITION
OF KENNET NVE WITH SUBPOENA OUCES TECUM - Page 3 of 5: Received: Dec 3 2008 04:2108
12/03/2008 17:19 FAX *eelve e NOWAK and STAUCH, LLP @ 022/023
15.
16.
17,
19.
Mitchell Madden, Kenneth Nye, Paul Sewell, Mark Hendrix, or the law firm of Matden
Sewell.
‘Any an all documents evidencing or relating to all payments made, either with zash,
credit card or check, by Melisa Dyer a/k/a Melisa Contreras or on behalf of Melisa Dyer
ifk/a Melisa Contreras for legal services rendered by Mitchell Madden, Kenneth Nye,
Paul Sewell, Mark Hendrix, or the law firm of Madden Sewell.
Any and all bills generated or created by Mitchell Madden, Kenneth Nye, Paul Sewell,
Mark Hendrix, the law firma of Mitchell Madden, and/or the law firm of Medden Sewell
with regard to the representation of Craig Dyer.
asny and all bills generated or created by Mitchell Madden, Kenneth Nye, Paul Sewell,
Mark Hendnx, the law firm of Mitchell Madden, and/or the law firm of Madden Sewell
with regard to the representation of Debra Dyer as the Executrix of the Estate of larry
Dyer.
Any and all bills generated or created by Mitchell Madden, Kenneth Nye, Paul Se-vell,
Mark Hendrix, the law firm of Mitchell Madden, and/or the law firm of Madden Sewell
with regard to the representation of Melisa Dyer a/k/a Melisa Contreras.
Any and all documents relating to any other entity, including but not limited to Dyer
Mechanical Services, L.L.C., MM-FIRECORALE, LTD., and/or MM-FC, Inc. paying
and/or providing any consideration for the representation of Craig Dyer, Debra Dyer as
the Executrix of the Estate of Larry Dyer, and/or Melisa Dyer a/k/a Melisa Contreras.
NOTICE TO “AKE THE ORAL DEPOSITION
OF KENNETH NYE WITH SUBPOENA DUCES TECUM - Page 4 of 5© 12/03/2008 17:20 FAX
Received:
CF 200 Rgtabs 21pm
De
e@ NOWAK and STAUCH,LLP Bo23a/023
As used herein, "document" and “documents” shall mean any document, thing, or ther
tangible medium of Storage, including, but not limited to, writings, printed matrial,
photographs, videotapes, computer data, in its native format, 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 :ntended 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 i1., or
accessible through, computer or other information Storage or retrieval systems, 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; recards;
contacts; agreements; telegrams; teletypes and other communications sen’ or received,
diarizs; 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 an; confererces,
meetings, visits, statements, and other records, obligations and expenditures; canceled
checxs, vouchers, receipts, and other records of payment, ledgers; journals, balance shzets,
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; 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,
studiss, test plans, manuals, procedures, data, reports, results and conclusions; records of
administrative, technical and financial actions, taken or recommended; tide documents, such
as deeds, leases, assignments, and liens, and all other wmitings the contents of which relate to,
discuss, consider, or otherwise refer to the subject matter of the particular disco-rery
requested.
NOTICE TO “AKE THE ORAL DEPOSITION
OF KENNETH NYE WITH SUBPOENA DUCES TECUM - Puge 5 of $PAUL C. SEWELL P 972.484.7780
@adden | Sewell e
Four Hickory Centre psewell@maddensewell.com “
1755 Wittington Place, Suite 300, -
Dallas, Texas 75234
November 13, 2008
Via Certified Mail— RRR: 7008 0150 0003 0459 5788
Matthew S. Nowak
NOWAK & STAUCH, LLP
4144 N. Central Expressway, Suite 300
Dallas, Texas 75204
Re: Cause No. 04-01100-M; Craig Dyer v. Dyer Custom Installation, Inc., et al.
Dear Matthew:
Please be advised that | will be on vacation December 8, 2008 through December
12, 2008. We would kindly request that you please do not schedule any hearings,
depositions or other matters during such time.
Please feel free to call us if you have any questions.
Very truly yours,
Bar K
Terri K. Baxter
Assistant to Paul C. Sewell
:tkb
ce: Clerk of the Court
298th District Court
8th Floor - New Tower
600 Commerce Street
Dallas, Texas 75202
(Via Certified Mail — RRR: 7008 0150 0003 0459 5795)
EXHIBIT
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erie,
December 8, 2008
VIA_CMRRR: 7008 0150 0003 0459 6945
Clerk of the Court
298th District Court
8th Floor - New Tower
600 Commerce Street
Dallas, Texas 75202
Re: Cause No. 04-01100-M;
Craig Dyer v. Dyer Custom Installation, Inc., et al.
Dear Sir or Madam:
Enclosed for filing please find an original and two copies of Plaintiff's Motion to Quash the
Notice to Take the Oral Depositions and Duces Tecum of Mitchell Madden and Kenneth
Nye.
Please file the original with the court and return the file marked copies to the undersigned
via the enclosed, postage paid envelope.
Very sincerely yours,
DL K. Bhi
Terri Baxter
Legal Assistant
Enclosures
¢ec/enc: Matthew Nowak - (Via Facsimile & CMRRR 7008 0150 0003 0459 6952)
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CAUSE NO. 04-01100-M nin - 0 CRAIG DYER, Plaintiff, ve DYER CUSTOM INSTALLATION, INC. (DCI) JOSEPH GEETING, and SUSAN LAMBERT. MMO LN LN Defendants. DALLAS COUNTY, TEXAS PLAINTIFF'S MOTION TO QUASH NOTICE TO TAKE THE ORAL DEPOSITIONS AND DUCES TECUM OF MITCHELL MADDEN AND KENNETH NYE COMES NOW, Craig Dyer, Plaintiff, and makes and files this Motion to Quash the Notices of Deposition Duces Tecum of Mitchell Madden and Kenneth Nye and would tespectfully show unto the court as follows: I. GROUNDS FOR MOTION On Wednesday, December 3, 2008 counsel for Plaintiff was served via facsimile with the Notices of Deposition Duces Tecum of Kenneth F. Nye and Mitchell Madden for December 9" and December 10", true and correct copies of which are attached hereto as Exhibits “A” and “B” and incorporated by reference as though set forth herein at length. This Motion was filed within three days of receipt of such Notice of Deposition and therefore is timely. Pursuant to Rule 199.4 of the Texas Rules of Civil Procedure, Plaintiff objects to the time and place of the deposition as unreasonable. Specifically, the depositions were PLAINTIFF'S MOTION TO QUASH THE STATE OF TEXAS SUBPOENA DUCES TECUM OF KENNETH F. NYE AND MITCHELL MADDEN Page 1noticed for a time and date when counsel for Defendants’ knew that lead counsel for Plaintiff would be on vacation. See the vacation letter on file in the above entitled and numbered cause attached hereto as Exhibit C. Pursuant to Rule 199.4 of the Texas Rules of Civil Procedure, in that this motion has been filed no later than the third business day after service of the Notice and an objection is made to the time and place of the scheduled depositions, Plaintiff respectfully reminds the Defendants’ counsel that the depositions are automatically stayed until such time as this motion can be determined by the court. By letter dated December 2, 2008 counsel for Plaintiff advised Defendants’ counsel that Plaintiff intended to de-designate Mitchell Madden and Kenneth Nye as expert witnesses on Plaintiff's attorneys fees and have designated John P. Lewis as their expert. By letter dated December 3, 2008 counsel for Defendants indicated that they would oppose such designation. it is Plaintiffs intent to approach the court regarding this designation and to the extent that the court determines that Plaintiffs designation is untimely, Plaintiff will make Mitchell Madden and Kenneth F. Nye available for deposition as reasonable possible thereafter. WHEREFORE, premises considered, Plaintiff requests that this Court grant this Motion to Quash and for Protective Order preventing any further attempts by Defendant to seek this discovery and for such other and further relief at law or in equity, to which Plaintiff can show himself justly entitled. PLAINTIFF'S MOTION TO QUASH THE STATE OF TEXAS SUBPOENA DUCES TECUM OF KENNETH F. NYE AND MITCHELL MADDEN Page 2Respectfully submitted, a Ke Paul Sewell State Bar No. 00797412 Thomas V. Murto Ill State Bar No. 14740500 MADDENSEWELL, LLP 1755 Wittington Place, Suite 300 Dallas, Texas 75234 (972) 484-7780 (972) 484-7743 Facsimile ATTORNEYS FOR CRAIG DYER CERTIFICATE OF SERVICE | hereby certify that the foregoing document was duly served upon the following counsel of record via facsimile transmission and certified mail, return receipt requested on December 8, 2008 Matthew A. Nowak Nowak & Stauch 4144N. Central Expressway, Suite 300 Dallas, Texas 75204 (214) 741-4717 - fax Thomas V. Murto III PLAINTIFF'S MOTION TO QUASH THE STATE OF TEXAS SUBPOENA DUCES TECUM OF KENNETH - F. NYE AND MITCHELL MADDEN Page 312/03/2008 17:19 FAX Received: Dec 3 2008 O4:2000 NOWAK and STAUCH,LLP Qo147o23 CAUSE NO. 04-01100-M CRAIG DYER, Plaintiff, vs. DYER ‘CUSTOM INSTALLATION, INC. (DCN, JOSEPH GEETING, SUSAN LAMBERT, RICHARD GEETING and LAJRI GEETING Nefendants. PRO PLUMBING & APPLIANCE INSTALLATION, INC. f/k/a DYER CUSTOM INSTALLATION, INC. Plaintiff, vs, CRAIG DYER, MELISA CONTRERAS, and THE ESTATE OF LARRY DYER Defendants. CONOR OC OD WO OD OO OO LL WO tt IN THE DISTRICT COURT 298" JUDICIAL DISTRICT DALLAS COUNTY, TEXAS NOTICE TO TAKE THE ORAL DEPOSITION OF MITHCELL MADDEN WITH SUBPOENA DUCES TECUM TO: Plaintiff Craig Dyer, by and through his attorney of record, Paul Sewell, MACDEN SEWELL, LLP, Four Hickory Centre, 1755 Wittington Place, Suite 300, Dallas, T:xas 75234. PLEASE TAKE NOTICE that on Tuesday, December 9, 2008, beginning at 10:00 :.m. and cont nuing thereafter until completed, Nowak & Stauch, LLP, attomeys for Defendants will take the oral deposition of Mitchell Madden at the offices of Madden Sewell, LLP, 1755 Wittington Place, Suite 300, Daas, Texas 75234, in front of a certified court reporter. ‘aid deposition may be videotaped. EXHIBIT PA NOTICE TO CAKE THE ORAL DEPOSITION OF MITCHE].L MADDEN WITH SUBPOENA DUCES TECUM - Page 1 of 5: “oe Received: Dec 3 2008 D4 205 12/03/2008 17:19 FAX “rene NOWAK and STAUCH, LLP é 015/023 Ia accordance with the Texas Rules of Civil Procedure, the deponent is directed to produce all documents and/or tangible things responsive to the Requests set out :n Exhibit "A" attached hereto and incorporated herein by reference. ‘YOU ARE INVITED TO ATTEND AND CROSS-EXAMINE THE WITNESS. Respectfully submitted, Nowak & Staucu, LLP By: : Matthew A. Nowak State Bar No. 00794382 Thomas R. Stauch State Bar No, 00794687 Brandon L. Starling State Bar No. 24047556 4144 N. Central Expressway, Suite 309 Dallas, TX 75204 214-823-2006 — Telephone 214-823-2007 — Facsimile ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of the foregoing document -was served in accordance with TEXAS RULES OF CIVIL PROCEDURE 21 and 21a on all partis to this -:ase on this tte 3% day of December 2008. Matthew A. Nowak NOTICE TO TAKE THE ORAL DEPOSITION OF MITCHE:... MADDEN WITH SUBPOENA DUCES TECUM - Page 2 of $: ve Received: Bec 3 2008 dpe 12/03/2006 17:19 FAX NOWAK and STAUCH,LLP @ 016/023 EXHIBIT A All of the following records, documents and tangible things that are in the posse:sion, custody and/or control of MITCHELL MADDEN shall be produced at the time of the takiag of the oral deposition: 1. Any and all documents evidencing or relating to all agreements between Mi chell Madden and Craig Dyer. 2. Any and all documents cvidencing or relating to all agreements between Michell Madden and Debra Dyer as Executrix of The Estate of Larry Dyer. 3. Any and all documents evidencing or relating to all agreements between Michell Madden and Melisa Dyer a/k/a Melisa Contreras. 4. Any and all documents evidencing or relating to all agreements between Madden S:well and Craig Dyer. 5. Any and all documents evidencing or relating to all agreements between Madden Szwell ind Debra Dyer as Executrix of The Estate of Larry Dyer. 6. Any and all documents evidencing or relating to all agreements between Madden S-well and Melisa Dyer a/k/a Melisa Contreras. 7. 4 copy of any fee agreement between Mitchell Madden and Craig Dyer. 8. 4 copy of any fee agreement between Mitchell Madden and Debra Dyer as Executix of ‘The Estate of Larry Dyer. 9. -A copy of any fee agreement between Mitchell Madden and Melisa Dyer a/k/a Melisa ‘ontreras. 10, A. copy of any fee agreement between Madden Sewell and Craig Dyer. lL. 4 copy of any fee agreement between Madden Sewell and Debra Dyer as Executsix of The Estate of Larry Dyer. 12. A copy of any fee agreement between Madden Sewell and Melisa Dyer a/k/a Melisa ‘Contreras. 13. Any and all documents evidencing or relating to receipt of any payments made, either ‘with cash, credit card or check, by Craig Dyer or on behalf of Craig Dyer for legal nervices rendered by Mitchell Madden, Kenneth Nye, Paul Sewell, Mark Hendrix, cr the law firm of Madden Sewell. 14. Any end all documents evidencing or relating to payments made, either with cagh, credit ward or check, by Debra Dyer as Executrix of The Estate of Larry Dyer or on behilf of Debra Dyer as Executrix of The Estate of Larry Dyer for legal services rendered by NOTICE T) TAKE THE ORAL DEPOSITION OF MITCHELL MADDEN WITH SUBPOENA DUCES TECUM - Page 3 of 5vs Received: Dec 3 200K git. 200m "12/03/2008 17:19 FAX cerived NOPAK and STAUCH,LLP @o17s023 Mitchell Madden, Kenneth Nye, Paul Sewell, Mark Hendrix, or the law firm of Msdden Sewell. 15. Any an all documents evidencing or relating to all payments made, either with zash, credit card or check, by Melisa Dyer a/k/a Melisa Contreras or on behalf of Melisa Dyer whk/a Melisa Contreras for legal services rendered by Mitchell Madden, Kenneth Nye, Paul Sewell, Mark Hendrix, or the law firm of Madden Sewell. 16. Any and all bills generated or created by Mitchell Madden, Kenneth Nye, Paul Sewell, !Mark Hendrix, the law firm of Mitchell Madden, and/or the law firm of Madden Sewell with regard to the representation of Craig Dyer. 17. Any and all bills generated or created by Mitchell Madden, Kenneth Nye, Paul Sewell, Mark Hendrix, the law firm of Mitchell Madden, and/or the Jaw firm of Madden Sewell with regard to the representation of Debra Dyer as the Executrix of the Estate of Lary Dyer. 18, Any and all bills generated or created by Mitchell Madden, Kenneth Nye, Paul Se-vell, Mark Hendrix, the Jaw firm of Mitchell Madden, and/or the lew firm of Madden Sewell vith regard to the representation of Melisa Dyer a/k/a Melisa Contreras. 19. Any and all documents relating to any other entity, including but not limited to Dyer Mechanical Services, L.L.C., MM-FIRECORALE, LTD., and/or MM-FC, Inc. paying and/or providing any consideration for the representation of Craig Dyer, Debra Dyer as the Executrix of the Estate of Larry Dyer, and/or Melisa Dyer a/k/a Melisa Contreras. NOTICE TO TAKE THE ORAL DEPOSITION OF MITCHEI.L MADDEN WITH SUBPOENA DUCES TECUM - Page 4 of S. feceived: Dec 9 2008 ade? toe 12/03/2008 17.19 FAX sree NOWAK and STAUCH, LLP 018/023 As ised herein, “document” and "documents" shall mean any document, thing, or other tangible medium of storage, including, but not limited to, writings, printed material, photographs, videotapes, computer data, in its native format, and audio recordings of «very kind, in Your possession, custody, or control, or known by You to exist, imespective of whether the document is one intended for or transmitted internally by You, or intended for or transmitted to any other person or entity, incliding without limitation ary government ager.cy, 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 retricval systems, together with the codes and/or programming instructions and other materials necessary to understanc and use such systems. For purposes of illustration and not limitation, the terms shall inc-ude: correspondence; transcripts of testimony, letters; notes; reports; papers; files; books; records; contvacts,; agreements, telegrams; teletypes and other communications sent or recerved; diaries; calendars, logs, notes, or memoranda of telephonic or face-to-face conversat‘ons: drafts, workpapers, agendas, bulletins, notices; circulars; announcements; instruct ‘ons; 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; statem:nts; interviews; affidavits; printed matter (including published books, articles, speeches, and newspaper clippings), press releases, charts; drawings; specifications; manuals; brochares; parts lists; memoranda of all kind to and from any persons, agencies, or entities; techrical and engineering reports, evaluations, advice, recommendations, commentaries, conclusions, studies, test plans, manuals, procedures, data, reports, results and conclusions; recorcs of admmistrative, technical and financial actions, taken or recommended; title documents, :uch 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. NOTICE TO [aKE THE ORAL DEPOSITION OF MITCHE) _L MADDEN WITH SUBPOENA DUCES TECUM - Page 5 of S. Received: Dec 3 2008 ‘1p “12/03/2008 17:19 FAX scene NORAK and STAUCH LLP @orgsso23 CAUSE NO. 04-01100-M CRAIG DYER, IN THE DISTRICT COURT Plaintiff, VS. DYER CUSTOM INSTALLATION, INC. (DCN, JOSEPH GEETING, SUSAN LAMBERT, RICHARD GEETING and LAURI GEETING Defendants. PRO PLUMBING & APPLIANCE INSTALLATION, INC. f/k/a DYER CUSTOM INSTALLATION, INC. Flaintiff, vs. CRAIG ‘DYER, MELISA CONTRERAS, § § § § § 4 § § § § : § 298™ JUDICIAL DISTRICT § § § § § § § § § § and THE ESTATE OF LARRY DYER § § § Lefendants. DALLAS COUNTY, TEXAS NOTICE TO TAKE THE ORAL DEPOSITION OF KENNETH NYE WITH SUBPOENA DUCES TECUM —_—_—_ Ot SUBPOENA DUCES TECUM TO: = Plaintiff Craig Dyer, by and through his attorney of record, Paul Sewell, MADDEN SEWELL, LLP, Four Hickory Centre, 1755 Wittington Place, Suite 300, Dallas, Texas 73234, PLEASE TAKE NOTICE that on Wednesday, December 10, 2008, beginning at 16:00 a.m. and conhnuing thereafter until completed, Nowak & Stauch, LLP, attomeys for Defendants will take the oral deposition of Kenneth Nye at the offices of Madden Sewell, LLP, 1755 Wittington Place, Suite 300, Dallas, Texas 75234, in front of a certified court reporter. Said deposition may be videotaped. EXHIBIT i 2 NOTICE TO “AKE THE ORAL DEPOSITION, OF KENNET.4 NV8 WITH SUBPOENA DUCES TECUM - Page | of 5: : Received: Dec 3 200Qs4:210m 12/03/2008 17:18 FAX scene 6 NOWAK and STAUCH, LLP @ 020/023 n accordance with the Texas Rules of Civil Procedure, the deponent is directed to produce all documents and/or tangible things responsive to the Requests set out in Exhibi "A" attachec. hereto and incorporated herein by reference. ‘YOU ARE INVITED TO ATTEND AND CROSS-EXAMINE THE WITNESS. Respectfully submitted, Nowak & STAUCH, LLP By. L CokeS 1, pou Matthew A. Nowak State Bar No. 00794382 Thomas R. Stauch State Bar No. 00794687 Brandon L. Starling State Bar No. 24047556 4144 N. Central Expressway, Suite 3C0 Dallas, TX 75204 214-823-2006 ~ Telephone 214-823-2007 — Facsimile ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served in accordance with TEXAS RULES OF CIVIL PROCEDURE 21 and 21a on all parties to this case on this the 3% day of December 2008. Matthew A. Nowak NOTICE TO TAKE THE ORAL DEPOSITION OF KENNETH NYE WITH SUBPOENA DUCES TECUM - Page 2 of $: Received: Dec 3 200804:21on * 12/03/2008 17:19 FAX ceived e NOWAK and STAUCH, LLP 021/023 EXHIBIT A All of the following records, documents and tangible things that are in the possession, custody and/or control of MITCHELL MADDEN shall be produced at the time of the taking of the oral deposition: 1, Any and all documents evidencing or relating to all agreements between Mitchell Madden and Craig Dyer. 2. Any and all documents evidencing or relating to all agreements between Mitchell Madden and Debra Dyer as Executrix of The Estate of Larry Dyer. 3. Any and al! documents evidencing or relating to all agreements between Mitchell Madden and Melisa Dyer a/k/a Melisa Contreras. 4 «any and all documents evidencing or Telating to all agreements between Madden Sewell and Craig Dyer. 5S. any and all documents evidencing or relating to all agreements between Madden Sewell aad Debra Dyer as Executrix of The Estate of Larry Dyer. 6. Any and all documents evidencing or relating to all agreements between Madden Sewell snd Melisa Dyer a/k/a Melisa Contreras. 7. Ac copy of any fee agreement between Mitchell Madden and Craig Dyer. 8. 4, copy of any fee agreement between Mitchell Madden and Debra Dyer a3 Executrix of The Estate of Larry Dyer. 9. 4. copy of any fee agreement between Mitchel] Madden and Melisa Dye- wk/a Melisa Contreras. 10. A. copy of any fee agreement between Madden Sewell and Craig Dyer. Il. & copy of any fee agreement between Madden Sewell and Debra Dyer as Executrix of The Estate of Larry Dyer. 12. A copy of any fee agreement between Madden Sewell and Melisa Dyer a/k/a Melisa Contreras. 13. Any and all documents evidencing or relating to receipt of any payments made, eicher with cash, credit card or check, by Craig Dyer or on behalf’ of Craig Dyer for legal services rendered by Mitchel! Madden, Kenneth Nyc, Paul Sewell, Mark Hendrix, or the law firm of Madden Sewell. 14 Aay and all documents evidencing or relating to payments made, either with cash, credit cerd or check, by Debra Dyer as Executrix of The Estate of Larry Dyer or on behal! of Debra Dyer as Executrix of The Estate of Larry Dyer for legal services rendered by NOTICE TO TAKE THE ORAL DEPOSITION OF KENNET NVE WITH SUBPOENA OUCES TECUM - Page 3 of 5: Received: Dec 3 2008 04:2108 12/03/2008 17:19 FAX *eelve e NOWAK and STAUCH, LLP @ 022/023 15. 16. 17, 19. Mitchell Madden, Kenneth Nye, Paul Sewell, Mark Hendrix, or the law firm of Matden Sewell. ‘Any an all documents evidencing or relating to all payments made, either with zash, credit card or check, by Melisa Dyer a/k/a Melisa Contreras or on behalf of Melisa Dyer ifk/a Melisa Contreras for legal services rendered by Mitchell Madden, Kenneth Nye, Paul Sewell, Mark Hendrix, or the law firm of Madden Sewell. Any and all bills generated or created by Mitchell Madden, Kenneth Nye, Paul Sewell, Mark Hendrix, the law firma of Mitchell Madden, and/or the law firm of Medden Sewell with regard to the representation of Craig Dyer. asny and all bills generated or created by Mitchell Madden, Kenneth Nye, Paul Sewell, Mark Hendnx, the law firm of Mitchell Madden, and/or the law firm of Madden Sewell with regard to the representation of Debra Dyer as the Executrix of the Estate of larry Dyer. Any and all bills generated or created by Mitchell Madden, Kenneth Nye, Paul Se-vell, Mark Hendrix, the law firm of Mitchell Madden, and/or the law firm of Madden Sewell with regard to the representation of Melisa Dyer a/k/a Melisa Contreras. Any and all documents relating to any other entity, including but not limited to Dyer Mechanical Services, L.L.C., MM-FIRECORALE, LTD., and/or MM-FC, Inc. paying and/or providing any consideration for the representation of Craig Dyer, Debra Dyer as the Executrix of the Estate of Larry Dyer, and/or Melisa Dyer a/k/a Melisa Contreras. NOTICE TO “AKE THE ORAL DEPOSITION OF KENNETH NYE WITH SUBPOENA DUCES TECUM - Page 4 of 5© 12/03/2008 17:20 FAX Received: CF 200 Rgtabs 21pm De e@ NOWAK and STAUCH,LLP Bo23a/023 As used herein, "document" and “documents” shall mean any document, thing, or ther tangible medium of Storage, including, but not limited to, writings, printed matrial, photographs, videotapes, computer data, in its native format, 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 :ntended 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 i1., or accessible through, computer or other information Storage or retrieval systems, 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; recards; contacts; agreements; telegrams; teletypes and other communications sen’ or received, diarizs; 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 an; confererces, meetings, visits, statements, and other records, obligations and expenditures; canceled checxs, vouchers, receipts, and other records of payment, ledgers; journals, balance shzets, 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; 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, studiss, test plans, manuals, procedures, data, reports, results and conclusions; records of administrative, technical and financial actions, taken or recommended; tide documents, such as deeds, leases, assignments, and liens, and all other wmitings the contents of which relate to, discuss, consider, or otherwise refer to the subject matter of the particular disco-rery requested. NOTICE TO “AKE THE ORAL DEPOSITION OF KENNETH NYE WITH SUBPOENA DUCES TECUM - Puge 5 of $PAUL C. SEWELL P 972.484.7780 @adden | Sewell e Four Hickory Centre psewell@maddensewell.com “ 1755 Wittington Place, Suite 300, - Dallas, Texas 75234 November 13, 2008 Via Certified Mail— RRR: 7008 0150 0003 0459 5788 Matthew S. Nowak NOWAK & STAUCH, LLP 4144 N. Central Expressway, Suite 300 Dallas, Texas 75204 Re: Cause No. 04-01100-M; Craig Dyer v. Dyer Custom Installation, Inc., et al. Dear Matthew: Please be advised that | will be on vacation December 8, 2008 through December 12, 2008. We would kindly request that you please do not schedule any hearings, depositions or other matters during such time. Please feel free to call us if you have any questions. Very truly yours, Bar K Terri K. Baxter Assistant to Paul C. Sewell :tkb ce: Clerk of the Court 298th District Court 8th Floor - New Tower 600 Commerce Street Dallas, Texas 75202 (Via Certified Mail — RRR: 7008 0150 0003 0459 5795) EXHIBIT H:\Clients\DyeADC \Corres\Nowak 10-22-08.wpd j7008 O1S0 ogg3 0459 5795 7008 20150 0003 0459 S788 2 s rea Ga B 2 ? aisoc Re Fl tekst ezezo AI ie TP HP onss Beg Og HES a On BER ao 2 I oe i i qecce: (ty md Gf eesse ety mp ee zoe st St SS IT Ber Be253 att FS ne Ber BM SE OO ° | a pee A864 — FH hee Sogga Of bes 86S OB bea Ses A Sg 6 34 shar? aS —— FS Bs a S38 = gs 2 >it g p58 DHE a a OT ism IH Ete) gc Ff Be) ens m 25 Ae gu z ew cH ie : cH HB E ii OWE i] |OHR mea mak re % COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY a plate items 1, 2, and 3. Also compliate A re 4 tt Restricted Deilvery is desired. x ‘ 1D Agent ct your name and address on the reverse 4. © Acaressee. hat we can retum the card to you. B, Recelved by (Printed Name) |G. Dato of Oi - .lach this card to the back of the maliplece, ‘ % The . ‘un the front If space permits. fie Jurcele LI ate, _ D. ts dellvery address different from ttem 17 C1 Yes : Addressed to: ICYES, enter dollvery address below: 0) No ak of the Court 3th District Court ’ 1 Floor - New Tower . . 0 Commerce Street 3. Type las, Texas 75202 Monae Mall © Express Mall Registered —_O) Retum Receipt for Mercha: is Onsured Mal 0 €.0.0. {cnet beet oe 7008 O4S0 0003 0459 5795 qm 3811, February 2004 Domestic Return Receipt vaosescoMe creveezo-seszo. vdjoooy uaryey onSeWOQ #002 Amnuaed "| Lge UUOS Se 9925 bShO E000 OSTO DDE OO ‘aooo AEN pansy serum mieoms ures) pOzSz Sexay ‘selleg oa eon “e 00¢ aung Aemssaidx (EJU3D “N PPL py dT1'HONWLS 9 YYMON YEMON "S mayneW OND) OI SSEUPPE AonyOp 20102 “SAA H 10} PREDAIDPY GENUY “4 9 SAA Cy Spur was waayD supe AONIEP S| “C “~t, “SyuUed ededs Jf JU0Y E49 UO 10 ‘eoerdew Oly JO YOEQ ety O} PIED SIL YOY BF “TOA 0} PUES SA) LUNG UBS OM JEU} OS @RJBAG! OL] UO SSEUPPY PUB EUIEU IROA Ud @ “peuisap S| Alaagaq pejusey H p wey eyodusoo osty “E puB ‘Zz ‘| SWey E1edW0D = >) AUIAIIIG NO NOILIIS SiHL 313 71d109 Elo eee ete re Bil Toles Ele Ey@adden| Sewell © s a en ewe uP POR gas mao 'e, FORINT Os, Four Hickory Centre rmeelleltegieyell vin ay 1755 Wittington Place, Suite 300 ‘: Qo Dallas, Texas 75234 PAUL C. SEWELE. S “ Be, erie, December 8, 2008 VIA_CMRRR: 7008 0150 0003 0459 6945 Clerk of the Court 298th District Court 8th Floor - New Tower 600 Commerce Street Dallas, Texas 75202 Re: Cause No. 04-01100-M; Craig Dyer v. Dyer Custom Installation, Inc., et al. Dear Sir or Madam: Enclosed for filing please find an original and two copies of Plaintiff's Motion to Quash the Notice to Take the Oral Depositions and Duces Tecum of Mitchell Madden and Kenneth Nye. Please file the original with the court and return the file marked copies to the undersigned via the enclosed, postage paid envelope. Very sincerely yours, DL K. Bhi Terri Baxter Legal Assistant Enclosures ¢ec/enc: Matthew Nowak - (Via Facsimile & CMRRR 7008 0150 0003 0459 6952)