Preview
FILED
7/14/2023 2:54 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Debra Clark DEPUTY
CAUSE NO. DC-23-02885
CHARLES DAVID WOOD JR. AND IN THE DISTRICT COURT
LOLA BRIDGETTE WOOD
Plaintiffs,
Vv. §
134 JUDICIAL DISTRICT
BFS TEXAS SALES, LLC A/K/A
BMC TEXAS SALES, LLC, BUILDERS
FIRST SOURCE DALLAS, LLC
SAWMILL PARTNERS LLC D/B/A
RICHARDSON TIMBERS, RIDGEVIEW
TIMBERWORKS LLC
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFFS’ MOTION TO COMPEL DISCOVERY RESPONSES
FROM SAWMILL PARTNERS LLC D/B/A RICHARDSON TIMBERS
Plaintiffs Charles David Wood, Jr. (CDW) and Lola Bridgette Wood (LBW) (collectively
herein “Plaintiffs”) file their Motion to Compel Defendant Sawmill Partners LLC d/b/a Richardson
Timbers (“Sawmill”) to Answer Discovery respectfully showing the Court as follows:
1 Trial is set for April 29, 2024. This case is governed by a Level 3 Discovery
Control Plan. TRCP 190.4
This lawsuit seeks to hold Defendants responsible for the November 2022
collapse and failure of two Plaza Structures constructed in their backyard for
which Defendants have failed to take responsibility for and pay Plaintiffs’
damages.
Plaintiffs’ lawsuit alleges breach of contract, DTPA violations, Negligent
construction, supervision & inspection, breach of implied and express
warranties, unconscionable/knowingly as well as statutory and mental anguish
claims against Defendant Sawmill and the other Defendants.
Sawmill has failed to respond to Plaintiffs’ Requests for Production, Plaintiffs
First Interrogatories and to Plaintiff Lola Bridgette Wood’s First
Interrogatories.
Plaintiff files this Motion to Compel to require Defendant Sawmill to fully
answer Plaintiffs Discovery Requests served in accordance with TRCP.
PLAINTIFFS’ MOTION TO COMPEL DISCOVERY FROM DEFENDANT SAWMILL- PAGE 1
Page 1 of 45
I
SUMMARY OF ARGUMENT
11 This lawsuit seeks to recover damages ranging between $250,000-$1,000,000 plus
prejudgment interest and attorney’s fees for Defendants failure to pay Plaintiffs’ damages as a
result of Defendants’ negligence.
1.2 Plaintiffs filed suit on February 23, 2023. The Court entered a Uniform Scheduling
Order on April 20, 2023.
1.3 Plaintiffs served the following discovery requests on Defendant Sawmill and
Defendant Sawmill has failed to respond:
Exhibit A: Plaintiffs’ Requests for Production on Defendant Sawmill Partners LLC
d/b/a Richardson Timbers (served 5-18-2026)
Exhibit B: Plaintiff (Charles David Wood, Jr)’s First Interrogatories on Defendant
Sawmill Partners LLC d/b/a Richardson Timbers (served 5-19-2023)
Exhibit C: Plaintiff Lola Bridgette Wood (LBW) First Interrogatories on Defendant
Sawmill Partners LLC d/b/a Richardson Timbers (served (5-26-2023)
1.4 Defendant Sawmill’s response to Plaintiffs’ Requests for Production were due on
or before June 17, 2023. At Defendant Sawmill’s request, Plaintiff extended the response deadline
to June 23, 2023. Defendant Sawmill has still not responded.
1.5 Defendant Sawmill’s response to Plaintiff (Charles David Wood, Jr.) First
Interrogatories were due on or before June 18, 2023. At Defendant Sawmill’s request, Plaintiff
extended the response deadline to June 23, 2023. Defendant Sawmill has still not responded.
1.6 Defendant Sawmill’s response to Plaintiff's Plaintiff Lola Bridgette Wood’s First
Interrogatories First Interrogatories were due on or before June 25, 2023. Defendant Sawmill still
has not responded.
PLAINTIFFS’ MOTION TO COMPEL DISCOVERY FROM DEFENDANT SAWMILL- PAGE 2
Page 2 of 45
17 On June 29, 2023, as Plaintiffs had not received any discovery responses from
Defendant Sawmill, Plaintiffs sent a reminder email. Defendant Sawmill has still not responded.
1.8 Sawmill’s discovery responses requested by Plaintiffs are needed for Plaintiffs’
prosecution of their lawsuit.
IL.
GROUNDS FOR MOTION
2.0 Pursuant to T.R.C.P. 215.1 (b) Plaintiffs file this motion on the grounds that
Defendant Sawmill has failed to serve responses to discovery requests pursuant to T.R.C.P. 190.4
2.1 By failing to timely respond, Defendant Sawmill has waived any objections to the
discovery requests. T.R.C.P. 193.2(e).
2.2 Plaintiffs ask the Court to order Defendant Sawmill to respond, without objection,
to the Plaintiffs’ Request for Production, Plaintiff (Charles David Wood, Jr.), Plaintiff Dave
Wood’s First Set of Interrogatories and Plaintiff Lola Bridgette Wood’s First Interrogatories and
answer Plaintiffs discovery without objection within seven (7) days of the Court’s order.
HI.
PRAYER
FOR THESE REASONS, Plaintiffs asks the Court to Order Defendant Sawmill to
respond to Plaintiffs’ Request for Production, Plaintiff (Charles David Wood, Jr.) First
Interrogatories and Plaintiffs Plaintiff Lola Bridgette Wood’s First Interrogatories without
objections, within seven (7) days of the date of the Court’s order. Plaintiff asks for such other and
further relief to which it may be justly entitled.
Respectfully submitted,
/s/ William E. Reid
WILLIAM E. REID
PLAINTIFFS’ MOTION TO COMPEL DISCOVERY FROM DEFENDANT SAWMILL- PAGE 3
Page 3 of 45
State Bar No. 16748500
wreid@reiddennis.com
edocsnotifications@reiddennis.com
REID DENNIS & FRICK, P.C.
2600 Dallas Parkway, Suite 380
Frisco, Texas 75034
Telephone: 214-618-1400
Facsimile: 214-618-1653
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF CONFERENCE
The undersigned certifies that on July 13, 2023, I placed a call and left a message for
counsel for Defendant Sawmill Partners LLC d/b/a Richardson Timbers, Mark Senter to discuss
the merits of Plaintiffs’ Motion to Compel. On June 29, 2023, we sent Mr. Senter an email
requesting Sawmill Partner’s answers to Plaintiffs written discovery. On July 13, 2023, Mr. Senter
and I exchanged emails to have a discussion about Plaintiffs Motion to Compel and scheduled a
call for 11:00 a.m. on July 14, 2023. I called Mr. Senter at 11:00 a.m. on July 14, 2023, to discuss
the matter. Mr. Senter was not in the office and has not returned my call. Accordingly, this matter
is presented to the Court for determination.
Certified to on this 14" day of July 2023.
/s/ William E. Reid
William E. Reid
CERTIFICATE OF SERVICE
The undersigned certifies that on 14" day of July 2023 a true and correct copy of the above
and foregoing document was efiled and e-served on all counsel of record in accordance with the
Texas Rules of Civil Procedure.
/s/ William E. Reid
William E. Reid
PLAINTIFFS’ MOTION TO COMPEL DISCOVERY FROM DEFENDANT SAWMILL- PAGE 4
Page 4 of 45
CAUSE NO. DC-23-02885
CHARLES DAVID WOOD JR. AND IN THE DISTRICT COURT
LOLA BRIDGETTE WOOD
Plaintiffs,
Vv.
134 JUDICIAL DISTRICT
BUILDERS FIRST SOURCE DALLAS,
LLC, SAWMILL PARTNERS LLC D/B/A
RICHARDSON TIMBERS, RIDGEVIEW
TIMBERWORKS LLC
Defendants. DALLAS COUNTY, TEXAS
PLAINTIFF’S REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS LLC D/B/A RICHARDSON TIMBERS
TO: DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS, by and through
its attorneys of record, Mark S. Senter and Ciera Norris, Resnick & Louis, P.C., 2425 N.
Central Expressway, Suite 231, Richardson, Texas 75080; msenter@rlattorneys.com;
norris@rlattorneys.com
In accordance with pursuant to Rule 196 of the Texas Rules of Civil Procedure, Plaintiff
Charles David Wood, Jr. serves this First Request for Production upon Defendant Sawmill Partners
d/b/a Richardson Timbers, requests that the following documents and tangible things be produced for
inspection and copying at the law offices of Reid Dennis & Frick, P.C., 2600 Dallas Parkway, Ste
380, Frisco, Texas 75034.
Respectfully submitted,
REID DENNIS & FRICK, P.C.
/s/ William E. Reid
William E. Reid
State Bar No. 16748500
wreid@reiddennis.com
edocsnotifications@reiddennis.com
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 1 of 21
Page 5 of 45
REID DENNIS & FRICK, P.C.
2600 Dallas Parkway, Suite 380
Frisco, Texas 75034
Tel: (214) 618-1400
Fax: (214) 618-1653
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing instrument was forwarded to the
following counsel of record on this the 18" day of May 2023 in accordance with the Texas Rules of
Civil Procedure:
/s/ William E. Reid
William E. Reid
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 2 of 21
Page 6 of 45
INSTRUCTIONS AND DEFINITIONS
1 Defendant Sawmill Partners d/b/a Richardson Timbers (“Defendant”) shall serve its
written responses, documents and tangible things, and objections, if any, to these requests upon
counsel for Plaintiff within thirty (30) days of service hereof or as ordered by the court. If an
objection is made, the reason therefore should be stated with specificity.
2. To the fullest extent provided by the Texas Rules of Civil Procedure and the local
tules of practice, these requests are intended to be continuing in nature. You are requested and
required to timely supplement your responses when appropriate or necessary to make them correct or
complete.
3 These requests are intended to include and refer to all information and documents in
the possession, custody or control of Defendant, whether directly or indirectly. Information or
documents are deemed to be in Defendant’s possession, custody or control if: (1) it is within the
actual knowledge or possession of Defendant, or (2) it is within the knowledge of any other person
or entity and Defendant has the right or ability to obtain the information from such person or entity.
4 Unless otherwise indicated, the use in these requests of the name or identity of any
person, business organization, or other entity shall specifically include all past or present employees,
officers, directors, partners, agents, representatives, attorneys of that person, organization, or entity
and its predecessors and successors.
5 For purposes of interpreting or construing the scope of the requests, you are instructed
to give words their most expansive and inclusive meanings. You should, therefore:
a. Construe the words “and” as well as “or” in the disjunctive or conjunctive (i.e., as
and/or), as necessary to make the request more inclusive;
Construe the term “including” to mean “including, but not limited to”;
Construe the words “all” and “each” to mean all and each;
Construe the singular form of a word to include the plural and the plural form to
include the singular; and
€. Construe a masculine noun or adjective to include the feminine and vice versa.
6. A person is considered to be “present,” “in attendance” or “participating” if the
person is present physically, by telecommunication, or otherwise has the opportunity to listen or
participate.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 3 of 21
Page 7 of 45
7 “Person” and “persons” include natural persons, groups of natural persons acting in
a collegial capacity (e.g., a committee or counsel), corporations, partnerships, associations, trusts,
joint ventures, and any other incorporated or unincorporated business, governmental, public or legal
entity. A reference to any person shall include, when applicable, its subsidiaries, controlled persons,
controlling persons, shareholders, officers, directors, employees, agents, or other persons acting or
purporting to act on its behalf.
8 “Communication,” “communicate,” and “communicated,” mean any oral or
written utterance, notation or statement of any nature whatsoever, by or to whomsoever made,
including, but not limited to correspondence, conversations, dialogues, discussions, interviews,
consultations, agreements, telegrams, telexes, cables, text messages, emails, chat messages, phone
calls, voice mails, memoranda, and oral, written or other understandings and exchanges of ideas or
information, between two or more persons.
9 “Relate to,” “related to,” and “relating to,” “refer to,” “concerning,” or
“concern” mean concerning, relating to, reflecting, referring to, having a relationship to, pertaining
to, identifying, containing, pertinent to, comprising, setting forth, showing, disclosing, describing,
explaining, summarizing, evidencing, or constituting, directly or indirectly, in whole or in part, or to
be otherwise factually, legally or logically connected to the subject matter of the particular request.
10. The term “document” is used in the broadest sense and includes, but is not limited to,
all original and non-identical copies, whether by reason of marginal or other notes or alterations, and
all preliminary or subsequent drafts of the following items (each draft, nonidentical copy or marked
version being a separate document), whether printed or recorded or reproduced by any other
mechanical or electronic process, or written or produced by hand, and any other data compilations
from which information can be obtained and translated, if necessary, by the person for whom
production is sought into reasonably usable form, and any other tangible things which constitute or
contain matters relevant to the subject matter or action, including, but not limited to: agreements;
communications, including intercompany and intracompany communications; transcripts; electronic
or videotape recordings; reports; correspondence; telegraphs or telegrams; cables; telexes;
memoranda; records; books; calendars; summaries, notes or records of personal conversations or
interviews; emails; voice mails; text messages; podcasts; social medial posts; diaries; graphs; charts;
drawings; diagrams; notebooks; notecharts; plans; pictures; recordings; tapes; accounts; analytical
records; summaries, notes or records of meetings or conferences; memoranda; opinions or reports of
consultants or others; appraisals; reports or summaries of negotiations; market studies; corporate
minutes or resolutions; photographs; motion picture film; video or audio tape; brochures; pamphlets;
bulletins; advertisements; circulars; advertising literature; press releases; drafts; letters; projections;
papers; working papers; checks (front and back); check stubs; receipts; deposit slips or other records;
any information contained in any computer or information retrieval devices; any marginal comments
appearing on or affixed to any paper or writing; text message, email, voice mail message, chat
message, and other matter constituting a “document” or “tangible thing” within the meaning of the
Texas Rules of Civil Procedure and the Texas Rules of Civil Evidence other than those documents
prepared by your attorney or by you solely at the direction of your attorney.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 4 of 21
Page 8 of 45
11. “Identification,” “identify,” and “identity,” when used in reference to (a) a natural
individual, requires you to state his or her full name, residential and business addresses, and
telephone numbers; (b) a corporation, requires you to state its full corporate name and any name
under which it does business, its state of incorporation, and the address of its principal place of
business; (c) a business, requires you to state the full name or style under which the business is
conducted, its business address or addresses, the types of businesses in which it is engaged, the
geographical areas in which it conducts those businesses, and the identity of the person or persons
who own, operate, and control the businesses; (d) a document, requires you to state the nature of the
document, its title, its date, and the name or names of its authors or recipients, its length in number
of pages or otherwise, and its present location and custodian; (e) a communication, requires you to
identify persons participating in the communication and to state the date, time, manner, place,
means, and substance of the communication which was written, to identify the document or
documents which refer to the communication.
12. "Statement" shall include all (a) written statements signed or otherwise adopted or
approved by the person making it and (b) a stenographic, mechanical, electronic, taped, or other
methods of recording, or any transcription thereof, which purport to be a substantially accurate
record of any statement made by the person.
13. “Petition” shall mean Plaintiffs’ most recent petition on file with the Court, including
any amendments and/or supplements thereto.
14. “You," "Your," "Sawmill” shall mean Defendant Sawmill Partners dba Richardson
Timbers, and all of its agents, representatives, insurance carriers, experts, investigators, consultants,
employees, and attorneys.
1D “Woods,” “Plaintiffs” shall mean the Plaintiffs Charles David Wood, Jr. and Lola
Bridgett Wood and includes all of their agents, representatives, insurance carriers, experts,
investigators, consultants, employees, and attorneys.
16. “Builders” shall mean Defendant Builders First Source Dallas, LLC. and BFS Texas
Sales, LLC f/k/a BMC Texas Sales LLC and includes all of its agents, representatives, insurance
carriers, experts, investigators, consultants, employees, and attorneys.
17. “Ridgeview” shall mean “Ridgeview Timberworks, LLC” and all of its agents,
representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys.
18. "Incident" and "occurrence" refer to the events related to the failure and collapse of
two Plaza Structures on November 4, 2022, as more fully set forth in Plaintiffs’ most recent
Petition.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 5 of 21
Page 9 of 45
19. “Bella” and/or “Bella Estates” shall mean “Bella Estates 1, Inc.” and all of its
agents, representatives, insurance carriers, experts, investigators, consultants, employees, and
attorneys.
20. “Peskuski Design” shall mean Peskuski Design Firm and Jay Peskuski and all of its
agents, representatives, insurance carriers, experts, investigators, consultants, employees, and
attorneys.
21. “Skaggs Engineering” shall mean Matthew Skaggs and Skaggs Engineering and all
of its agents, representatives, insurance carriers, experts, investigators, consultants, employees, and
attorneys.
22. “Plaza Structure Project” shall mean the construction of two Plaza Structures in the
backyard of the Woods’ home located at 5518 Winston Court, Dallas, Texas 75220.
23. All definitions and rules of construction contained in the Texas Rules of Civil
Procedure and the Texas Rules of Evidence are incorporated herein by reference.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 6 of 21
Page 10 of 45
FIRST REQUESTS FOR PRODUCTION
REQUEST NO. 1: Please produce each and every document that identifies the employees or
workers of Sawmill that were involved in selling the beams, rafters and trusses to Bella or the
Woods for the Plaza Structure Project.
ANSWER:
REQUEST NO. 2: Please produce any and all communications between Sawmill and Bella
regarding the beams, rafters and trusses for the Plaza Structure Project.
ANSWER:
REQUEST NO. 3: Please produce any and all communications between Builders and Sawmill
regarding the beams, rafters and trusses for the Plaza Structure Project.
ANSWER:
REQUEST NO. 4: Please produce any and all communications between Sawmill and Ridgeview
regarding the beams, rafters and trusses for the Plaza Structure Project.
ANSWER:
REQUEST NO. 5: Please produce any and all communications between Sawmill and the Woods
regarding the beams, rafters and trusses for the Plaza Structure Project.
Plaza Structure Project.
ANSWER:
REQUEST NO. 6: Please produce any and all communications by Sawmill with Truett Hunt
and/or Daniel Zipperlen regarding the beams, rafters and trusses for the Plaza Structure Project.
ANSWER:
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 7 of 21
Page 11 of 45
REQUEST NO. 7: Please produce the engineering plans and design specifications that were used
to design and prepare the shop drawings that were used to construct the beams, rafters and trusses
that were provided to the Plaza Structure Project.
ANSWER:
REQUEST NO. 8: Please produce the original design plans, specification and shop drawings used
to create, reviewed or used by Sawmill or others to construct the beams, rafters and trusses that were
provided to the Woods Plaza Structure Project.
ANSWER:
REQUEST NO. 8: Please produce any amendments, modifications or changes to the design plans,
specification and shop drawings that were used to create, reviewed or used by Sawmill or others to
construct the beams, rafters and trusses that were provided to the Woods’ Plaza Structure Project
located at 5518 Winston Court, Dallas, Texas 75220.
ANSWER:
REQUEST NO. 9: All letters, memoranda, notes, correspondence, journals, diaries, calendars,
daytimers, or similar compilations of information kept manually by Emilio Cantu or stored
electronically regarding the beams, rafters and trusses that were provided by Sawmill for the Woods’
Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220.
ANSWER:
REQUEST NO. 10: All letters, memoranda, notes, correspondence, journals, diaries, calendars,
daytimers, or similar compilations of information that were obtained by Sawmill during the core
sample testing performed at the Woods’ Plaza Structure Project located at 5518 Winston Court,
Dallas, Texas 75220 on or about February 28, 2023.
ANSWER:
REQUEST NO. 11: Please produce each and every document that identifies any changes made by
Builders, Sawmill, and/or Ridgeview and/or their employees and/or workers to the labor, equipment,
materials, method and procedures used to construct the Plaza Structure Project prior to the
construction of the Plaza Structures in July 2022.
ANSWER:
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 8 of 21
Page 12 of 45
REQUEST NO. 12: Please produce copies of any and any agreements, all communications,
orrespondence, emails, text messages, voice mails, and video communications between Defendant
Sawmill and Builders regarding the beams, rafters and trusses that were provided to the Woods Plaza
Structure Project or pertaining to the Woods’ Plaza Structure Project located at 5518 Winston Court,
Dallas, Texas 75220.
ANSWER:
REQUEST NO. 13: Please produce copies of any and any agreements, all communications,
correspondence, emails, text messages, voice mails, and video communications between Defendant
Ridgeview and Sawmill regarding the beams, rafters and trusses that were provided to the Woods
Plaza Structure Project or pertaining to the Woods’ Plaza Structure Project located at 5518 Winston
Court, Dallas, Texas 75220.
ANSWER:
REQUEST NO. 14: Please produce copies of any and any agreements, all communications,
correspondence, emails, text messages, voice mails, and video communications between Defendant
Ridgeview and Sawmill or Builders regarding the beams, rafters and trusses that were provided to
the Woods Plaza Structure Project or pertaining to the Woods’ Plaza Structure Project located at
5518 Winston Court, Dallas, Texas 75220.
ANSWER:
REQUEST NO. 15: Please produce a copy of each statute, code, ordinance, rule and/or regulation
that governed Sawmill’s work designing or constructing the beams, rafters and trusses that were
provided to the Woods Plaza Structure Project at 5518 Winston Court, Dallas, Texas 75220.
ANSWER:
REQUEST NO. 16: Please produce a copy of each statute, code, ordinance, rule and/or regulation
that governed the construction of the Woods Plaza Structure Project at 5518 Winston Court, Dallas,
Texas 75220.
ANSWER:
REQUEST NO. 17: Please produce a list or other documentation showing the labor, equipment,
materials and services that Sawmill provided that were used to build, construct or order the beams,
rafters and trusses for the Woods Plaza Structure Project located at 5518 Winston Court, Dallas,
Texas 75220.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 9 of 21
Page 13 of 45
ANSWER:
REQUEST NO. 18: Please produce a list or other documentation showing the labor, equipment,
materials and services that Builders provided that were used to build, construct or order the beams,
rafters and trusses for the Woods Plaza Structure Project located at 5518 Winston Court, Dallas,
Texas 75220.
ANSWER:
REQUEST NO. 19: Please produce a list or other documentation showing the labor, equipment,
materials, and services that Ridgeview provided that were used to build, construct, or order the
beams, rafters and trusses for the Woods Plaza Structure Project located at 5518 Winston Court,
Dallas, Texas 75220.
ANSWER:
REQUEST NO. 20: Please produce each Work Order issued between Builders, Sawmill and
Ridgeview for the beams, rafters and trusses or work performed in constructing the Plaza Structure
Project at 5518 Winston Court, Dallas, Texas 75220.
ANSWER:
REQUEST NO. 21: The Contract documents entered between Builders, Sawmill and Ridgeview
for the for the beams, rafters and trusses or work performed in constructing the Plaza Structure
Project at 5518 Winston Court, Dallas, Texas 75220, including, but not limited to the designs,
engineering plans and/or specifications.
ANSWER:
REQUEST NO. 22: All documents identifying what Builders, Sawmill and Ridgeview did to
analyze the beams, rafters and trusses necessary to construct the Woods Plaza Structure Project,
including the quantity and types of materials necessary to construct the beams, rafters and trusses for
the Woods Plaza Structure Project at 5518 Winston Court, Dallas, Texas 75220,
ANSWER:
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 10 of 21
Page 14 of 45
REQUEST NO. 23: All documents identifying what Builders, Sawmill and Ridgeview did to
determine the adequacy of any materials that were selected to construct the beams, rafters and
trusses for the Woods Plaza Structure Project.
ANSWER:
REQUEST NO. 24: All documents identifying what Builders, Sawmill and Ridgeview did to
become knowledgeable and familiar with the beams, rafters and trusses that would be necessary to
successfully construct the Woods Plaza Structure Project without the structures collapsing.
ANSWER:
REQUEST NO. 25: All documents, identifying any testing of the work performed by Builders,
Sawmill and Ridgeview on the beams, rafters, and trusses to confirm that the beams, rafters and
trusses were adequate and/or in compliance with all applicable statutes, codes, ordinances, rules or
regulations in the industry.
ANSWER:
REQUEST NO. 26: Any other engineering, testing and/or inspection reports used for the beams,
rafters and trusses supplied for the Woods’ Plaza Structure Project.
ANSWER:
REQUEST NO. 27: Sawmill’s bid file, job file or construction file for the beams, rafters and
trusses supplied for the Woods’ Plaza Structure Project.
ANSWER:
REQUEST NO. 28: Please produce each and every agreement between the Sawmill and Bella that
was in effect and governed the work being performed by Builders related to the Plaza Structure
Project.
ANSWER:
REQUEST NO. 29: Please produce each and every agreement between the Sawmill and the
Woods that was in effect and governed the work being performed by Builders related to the Plaza
Structure Project.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 11 of 21
Page 15 of 45
ANSWER:
REQUEST NO. 30: Please produce each and every agreement between the Builders and Sawmill
that was in effect and governed the work being performed by Builders related to the Plaza Structure
Project.
ANSWER:
REQUEST NO. 31: Please produce each and every agreement between Sawmill and Ridgeview
that was in effect and governed the work being performed by Sawmill related to the Plaza Structure
Project.
ANSWER:
REQUEST NO. 32: Please produce each and every safety rule or quality assurance plan that was
implemented either by the Builders, Sawmill and/or Ridgeview to ensure the structural stability of
beams, rafters and trusses to be used at the Woods Plaza Structure Project.
ANSWER:
REQUEST NO. 33: Please produce all photographs and videos of the Woods’ property and of the
Plaza Structure Project.
ANSWER:
REQUEST NO. 34: Please produce copies of any and all communications, correspondence,
emails, text messages, voice mails, and video communications between the City of Dallas and any of
your employees or representatives and anyone else concerning the Woods’ property located at 5518
Winston Court, Dallas, Texas 75220 in connection with the Plaza Structure Project.
ANSWER:
REQUEST NO. 35: Please produce copies of any and all communications, correspondence,
emails, text messages, voice mails, and video communications in your possession, custody, or
control related in any way to the Plaza Structure Project.
ANSWER:
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 12 of 21
Page 16 of 45
REQUEST NO. 36: Please produce copies of any and all documents in your possession, custody,
or control signed by Bella related in any way to the Plaza Structure Project.
ANSWER:
REQUEST NO. 37: Please produce copies of any and all documents in your possession, custody,
or control signed by the Woods related in any way to the Plaza Structure Project.
ANSWER:
REQUEST NO. 38: Please produce copies of any and all documents in your possession, custody,
or control signed by Daniel Zipperlen related in any way to the Plaza Structure Project.
ANSWER:
REQUEST NO. 39: Please produce all agreements, whether formal or informal, signed or
unsigned, that relate in any way to the property at 5518 Winston Court, Dallas, Texas 75220 and/or
work performed in relation to the in connection with the Plaza Structure Project.
ANSWER:
REQUEST NO. 40: Please produce all notices or communications from or on behalf of the Woods
regarding any damages or claims related to the Incident made the basis of this suit.
ANSWER:
REQUEST NO. 41: Please produce all correspondence and communications (including, but not
limited to, letters, notes, memoranda, text messages, and email messages) to or from Builders,
Sawmill and/or Ridgeview regarding the Plaza Structure Project or the property damage to the
Woods’ property at 5518 Winston Court, Dallas, Texas 75220.
ANSWER:
REQUEST NO. 42: Please produce all correspondence and communications (including, but not
limited to, letters, notes, memoranda, text messages, and email messages) between Builders, Sawmill
and/or Ridgeview asking for a defense and/or indemnity in connection with the property damage to
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 13 of 21
Page 17 of 45
5518 Winston Court, Dallas, Texas 75220 or related to the claims asserted by the Woods in this
lawsuit.
ANSWER:
REQUEST NO. 43: Any reservation of rights letter from any insurance companies regarding the
claims made the basis of the Woods’ lawsuit.
ANSWER:
REQUEST NO. 44: Please produce all inspection forms completed that pertain to the work
performed by Builders and/or Sawmill on the Plaza Structure Project.
ANSWER:
REQUEST NO. 45: Please produce all inspection forms completed that pertain to the work
performed by Sawmill and/or Ridgeview on the Plaza Structure Project.
ANSWER:
REQUEST NO. 46: Please produce all proposals, quotes or other documents provided to
Builders, Sawmill and/or Ridgeview to repair the damage in connection with the damage to the Plaza
Structures located at 5518 Winston Court, Dallas, Texas 75220.
ANSWER:
REQUEST NO. 47: Please produce documents concerning the hiring of Sawmill by Builders in
connection with the Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220.
ANSWER:
REQUEST NO. 48: Please produce documents concerning the hiring of Ridgeview by Builders in
connection with the Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220.
ANSWER:
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 14 of 21
Page 18 of 45
REQUEST NO. 49: Please produce documents concerning the hiring of Ridgeview by Sawmill in
connection with the Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220.
ANSWER:
REQUEST NO. 50: Please produce the specific documents that constitute the terms of any
agreement between Builders and Sawmill and/or Ridgeview in connection with Builders providing
goods and/or services for the Plaza Structure Project.
ANSWER:
REQUEST NO. 51: Please produce all change orders, if any, issued to Sawmill regarding the
Plaza Structure Project.
ANSWER:
REQUEST NO. 52: Please produce all specifications applicable to Sawmill in providing goods and
services necessary to perform work for Plaza Structure Project.
ANSWER:
REQUEST NO. 53: Please produce all job diaries, memos, notes, reports and e-mails that relate to
the work performed by Builders, Sawmill and/or Ridgeview regarding the Plaza Structure Project.
ANSWER:
REQUEST NO. 54: All indemnity and insurance policies under which any person or entity may be
liable to satisfy part of all of a judgment rendered in the Lawsuit or to indemnify or reimburse for
payments made to satisfy a judgment in the Lawsuit, and all materials relating to same.
ANSWER:
REQUEST NO. 55: All documents, communications, emails and text messages concerning any
actual, apparent, alleged, or possible failure of Builders and/or Sawmill and/ or Ridgeview to
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 15 of 21
Page 19 of 45
perform its/their job duties or concerning any substandard performance on the Plaza Structure
Project.
ANSWER:
REQUEST NO. 56: All documents that reference, relate to or evidence any prior or current
lawsuit, administrative proceeding, arbitration, or hearing to which the Sawmill was/is a party, other
than this Lawsuit, that contain allegations of breach of contract, breach of warranty, negligence or
other claims regarding the failure of the Sawmill to implement the required safeguards within the
past five (5) years that resulted in damage to another resident’s real property while a subcontractor
was performing work for Sawmill.
ANSWER:
REQUEST NO. 57: All documents supporting Defendant Sawmill’s contention that the Woods
were responsible for causing the damage to their property.
ANSWER:
REQUEST NO. 58: All documents supporting Sawmill’s contention that other persons or entities
are responsible for causing the damage to the Woods’ property.
ANSWER:
REQUEST NO. 59: All documents supporting Sawmill’s that the Woods’ negligence caused or
contributed to the Woods’ damages.
ANSWER:
REQUEST NO. 60: All documents supporting the contention that the Woods’ claims are barred by
the doctrine of waiver and/or estoppel.
ANSWER:
REQUEST NO. 61: All documents supporting the contention that the Woods assumed the risk of
all damages or injuries to their real property.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 16 of 21
Page 20 of 45
ANSWER:
REQUEST NO. 62: All documents supporting the contention that the Woods assumed the risk of
all damages or injuries to their real property.
ANSWER:
REQUEST NO. 63: All documents supporting the contention that the Woods failed to mitigate
their damages.
ANSWER:
REQUEST NO. 64: All documents supporting the contention that the Woods failed to allow or
provide Sawmill with an opportunity to cure any alleged breach.
ANSWER:
REQUEST NO. 65: All documents supporting the contention that the Woods have disclaimed all
express and implied warranties in accordance with Texas law.
ANSWER:
REQUEST NO. 66: All documents supporting the contention that all products and services
provided by Sawmill complied with generally accepted industry standards and practices and that
Sawmill substantially performed its obligations.
ANSWER:
REQUEST NO. 67: All documents supporting the contention that the Woods action is barred by
application of the economic loss rule.
ANSWER:
REQUEST NO. 68: All documents identifying or supporting the contention that the Woods failed
to perform conditions precedent necessary to assert their claims against Defendant Sawmill.
ANSWER:
REQUEST NO. 69: Please produce a copy of any release signed by the Woods or any other
documents supporting the contention that the Woods’ claims are defeated or reduced by the defense
of release.
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SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 17 of 21
Page 21 of 45
ANSWER:
REQUEST NO. 70: Any and all invoices, canceled checks, and/or any other documents
documenting the offsets and credits that any Defendant is entitled to receive with respect to the
Woods’ damage claims.
ANSWER:
REQUEST NO. 71: Any and all claims, demands or offers of settlement exchanged between the
Builders and/or Sawmill and/or Ridgeview and/or Builders’ insurer regarding the Woods’ claims
asserted in the lawsuit.
ANSWER:
REQUEST NO. 72: Any and all claims, demands or offers of settlement exchanged between the
Builders and/or Sawmill and/or Ridgeview’s insurers.
ANSWER:
EQUEST NO. 73: Identify all tangible objects which you have inspected and/or are preserving for
use as physical evidence with regard to any claim or defense which you are asserting in this case,
and, further, identify the person or entity having custody of each tangible object identified.
ANSWER:
REQUEST NO. 74: Please produce all documents that you used, reviewed and/or relied upon in
answering Plaintiff's Interrogatories and/or Request for Disclosure.
ANSWER:
REQUEST NO. 75: Please produce copies of any and all documents regarding any
communications between Builders and any Dallas County, Texas or Federal governmental or law
enforcement agency regarding the incident or the damage to the Woods’ property.
ANSWER:
REQUEST NO. 76: Please produce copies of any demonstrative exhibits you intend to use during
trial.
ANSWER:
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 18 of 21
Page 22 of 45
REQUEST NO. 77: Please product any incident reports, inspection reports, and/or written
ommunications between Builders and Sawmill regarding what caused the damage and/or failure of
the Plaza Structure Project and/or how the damage to the Woods’ property could have been avoided.
ANSWER:
REQUEST NO. 78: Please product any incident reports, inspection reports, and/or written
communications between Sawmill and Ridgeview regarding what caused the damage and/or failure
of the Plaza Structure Project and/or how the damage to the Woods’ property could have been
avoided.
ANSWER:
REQUEST NO. 79: Any and all drawings, specs, blueprints, maps or sketches related to the area
of any work being performed for the Woods Plaza Structure Project or constructing the beams,
rafters or trusses.
ANSWER:
REQUEST NO. 80: Defendant Sawmill’s investigative file and documents therein, including
teports, correspondence, notes, and memorandums prepared prior to the filing of the pending
lawsuit.
ANSWER:
REQUEST NO. 81: Copies of all agreements with any other Defendant regarding the sharing or
allocation of damages, sharing or allocations of expenses, coordination in the jury selection process,
including the process of jury strikes or any other agreement related to contribution, indemnity or
settlement.
ANSWER:
REQUEST NO. 82: For the Plaza Structure Project., please produce a complete, accurate,
genuine, and legible copy of each:
a. Job progress report;
b. Field inspection report;
c. Progress schedule (initial and each updated report);Critical Path Method print-out;
d. Progress meeting minutes;
e. Coordination meeting minutes;
f. Scheduling minutes;
g. Special report or memorandum;
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 19 of 21
Page 23 of 45
h. Defendant’s daily reports;
i. Defendant’s superintendent’s log or daily reports;
j. Change orders;
k. Side note(s) on shop drawing(s) or on the plans and specifications;
1. Safety meeting/toolbox safety talk meeting minutes;
m. Safety meeting sign in sheets;
n. Job hazard analysis sheets;
o. Documents to include accident reports pertaining to any other property damage; and
p. Documents to include accident reports pertaining to any other personal injuries or death.
ANSWER:
REQUEST NO. 83: All correspondence between Defendant Sawmill and any Engineer relating to
the investigation of any damage to as a result of the Plaza Structure failure or failure to stabilize
during the construction of the Plaza Structure Project.
ANSWER:
REQUEST NO. 84: All correspondence between Sawmill and any other entity which relates to
the Plaza Structure Project.
ANSWER:
REQUEST NO. 85: A complete, accurate, genuine and legible copy of all prebid packages,
preconstruction notices, instructions to bidders, or any other documents that were provided to
prospective bidders, contractors, or subcontractors, together with all parts, sub-parts, documents
incorporated therein by reference, and revisions thereto, and which relate to the Plaza Structure
Project.
ANSWER:
REQUEST NO. 86: Any and all documents describing safety violations, or dangerous working
conditions occurring on the project site from the beginning of the Plaza Structure Project. (For
purposes of your responses to discovery, please consider the term “safety violations” to include but
not be limited to any O.S.H.A. violations, or violations of any Defendant’s written policy regarding
safety on a work site.)
ANSWER:
REQUEST NO. 87: A copy of the root-cause analysis of the damage caused to the Woods’
property performed by or on behalf
of Builders, Sawmill and/or Ridgeview.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 20 of 21
Page 24 of 45
ANSWER:
REQUEST NO. 88: A copy of the invoices submitted by Sawmill to Builders for work performed
in connection with the Plaza Structure Project.
ANSWER:
REQUEST NO. 89: A copy of the invoices submitted by Ridgeview to Sawmill for work
performed in connection with the Plaza Structure Project.
ANSWER:
REQUEST NO. 90: A copy of the engagement agreement between t Sawmill and the attorneys
that are representing t Sawmill in this case.
ANSWER:
REQUEST NO. 91: A copy of the invoices, fee statements or charges that have been incurred by
Sawmill in defending this lawsuit and for the bases of Sawmill claim seeking to recover attorney
fees from the Plaintiffs.
ANSWER:
REQUEST NO. 92: Documents supporting the contention that Builders First Source Dallas, LLC
is a proper party to this lawsuit or was incorrectly sued by the Plaintiffs.
ANSWER:
REQUEST NO. 93: Documents supporting the contention that BFS Texas Sales, LLC is the proper
party to the lawsuit.
ANSWER:
REQUEST NO. 94: Documents, if any, showing the legal entity that acquired DeFord Lumber
after the period the Plaintiffs had ordered the trusses, beams and rafters.
ANSWER:
REQUEST NO. 95: Job descriptions or other documents, if any, that identify Emilo Cantu’s job
duties working for Builders or Builder’s previous successor DeFord Lumber.
ANSWER:
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 21 of 21
Preview
FILED 7/14/2023 2:54 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Debra Clark DEPUTY CAUSE NO. DC-23-02885 CHARLES DAVID WOOD JR. AND IN THE DISTRICT COURT LOLA BRIDGETTE WOOD Plaintiffs, Vv. § 134 JUDICIAL DISTRICT BFS TEXAS SALES, LLC A/K/A BMC TEXAS SALES, LLC, BUILDERS FIRST SOURCE DALLAS, LLC SAWMILL PARTNERS LLC D/B/A RICHARDSON TIMBERS, RIDGEVIEW TIMBERWORKS LLC Defendants. § DALLAS COUNTY, TEXAS PLAINTIFFS’ MOTION TO COMPEL DISCOVERY RESPONSES FROM SAWMILL PARTNERS LLC D/B/A RICHARDSON TIMBERS Plaintiffs Charles David Wood, Jr. (CDW) and Lola Bridgette Wood (LBW) (collectively herein “Plaintiffs”) file their Motion to Compel Defendant Sawmill Partners LLC d/b/a Richardson Timbers (“Sawmill”) to Answer Discovery respectfully showing the Court as follows: 1 Trial is set for April 29, 2024. This case is governed by a Level 3 Discovery Control Plan. TRCP 190.4 This lawsuit seeks to hold Defendants responsible for the November 2022 collapse and failure of two Plaza Structures constructed in their backyard for which Defendants have failed to take responsibility for and pay Plaintiffs’ damages. Plaintiffs’ lawsuit alleges breach of contract, DTPA violations, Negligent construction, supervision & inspection, breach of implied and express warranties, unconscionable/knowingly as well as statutory and mental anguish claims against Defendant Sawmill and the other Defendants. Sawmill has failed to respond to Plaintiffs’ Requests for Production, Plaintiffs First Interrogatories and to Plaintiff Lola Bridgette Wood’s First Interrogatories. Plaintiff files this Motion to Compel to require Defendant Sawmill to fully answer Plaintiffs Discovery Requests served in accordance with TRCP. PLAINTIFFS’ MOTION TO COMPEL DISCOVERY FROM DEFENDANT SAWMILL- PAGE 1 Page 1 of 45 I SUMMARY OF ARGUMENT 11 This lawsuit seeks to recover damages ranging between $250,000-$1,000,000 plus prejudgment interest and attorney’s fees for Defendants failure to pay Plaintiffs’ damages as a result of Defendants’ negligence. 1.2 Plaintiffs filed suit on February 23, 2023. The Court entered a Uniform Scheduling Order on April 20, 2023. 1.3 Plaintiffs served the following discovery requests on Defendant Sawmill and Defendant Sawmill has failed to respond: Exhibit A: Plaintiffs’ Requests for Production on Defendant Sawmill Partners LLC d/b/a Richardson Timbers (served 5-18-2026) Exhibit B: Plaintiff (Charles David Wood, Jr)’s First Interrogatories on Defendant Sawmill Partners LLC d/b/a Richardson Timbers (served 5-19-2023) Exhibit C: Plaintiff Lola Bridgette Wood (LBW) First Interrogatories on Defendant Sawmill Partners LLC d/b/a Richardson Timbers (served (5-26-2023) 1.4 Defendant Sawmill’s response to Plaintiffs’ Requests for Production were due on or before June 17, 2023. At Defendant Sawmill’s request, Plaintiff extended the response deadline to June 23, 2023. Defendant Sawmill has still not responded. 1.5 Defendant Sawmill’s response to Plaintiff (Charles David Wood, Jr.) First Interrogatories were due on or before June 18, 2023. At Defendant Sawmill’s request, Plaintiff extended the response deadline to June 23, 2023. Defendant Sawmill has still not responded. 1.6 Defendant Sawmill’s response to Plaintiff's Plaintiff Lola Bridgette Wood’s First Interrogatories First Interrogatories were due on or before June 25, 2023. Defendant Sawmill still has not responded. PLAINTIFFS’ MOTION TO COMPEL DISCOVERY FROM DEFENDANT SAWMILL- PAGE 2 Page 2 of 45 17 On June 29, 2023, as Plaintiffs had not received any discovery responses from Defendant Sawmill, Plaintiffs sent a reminder email. Defendant Sawmill has still not responded. 1.8 Sawmill’s discovery responses requested by Plaintiffs are needed for Plaintiffs’ prosecution of their lawsuit. IL. GROUNDS FOR MOTION 2.0 Pursuant to T.R.C.P. 215.1 (b) Plaintiffs file this motion on the grounds that Defendant Sawmill has failed to serve responses to discovery requests pursuant to T.R.C.P. 190.4 2.1 By failing to timely respond, Defendant Sawmill has waived any objections to the discovery requests. T.R.C.P. 193.2(e). 2.2 Plaintiffs ask the Court to order Defendant Sawmill to respond, without objection, to the Plaintiffs’ Request for Production, Plaintiff (Charles David Wood, Jr.), Plaintiff Dave Wood’s First Set of Interrogatories and Plaintiff Lola Bridgette Wood’s First Interrogatories and answer Plaintiffs discovery without objection within seven (7) days of the Court’s order. HI. PRAYER FOR THESE REASONS, Plaintiffs asks the Court to Order Defendant Sawmill to respond to Plaintiffs’ Request for Production, Plaintiff (Charles David Wood, Jr.) First Interrogatories and Plaintiffs Plaintiff Lola Bridgette Wood’s First Interrogatories without objections, within seven (7) days of the date of the Court’s order. Plaintiff asks for such other and further relief to which it may be justly entitled. Respectfully submitted, /s/ William E. Reid WILLIAM E. REID PLAINTIFFS’ MOTION TO COMPEL DISCOVERY FROM DEFENDANT SAWMILL- PAGE 3 Page 3 of 45 State Bar No. 16748500 wreid@reiddennis.com edocsnotifications@reiddennis.com REID DENNIS & FRICK, P.C. 2600 Dallas Parkway, Suite 380 Frisco, Texas 75034 Telephone: 214-618-1400 Facsimile: 214-618-1653 ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF CONFERENCE The undersigned certifies that on July 13, 2023, I placed a call and left a message for counsel for Defendant Sawmill Partners LLC d/b/a Richardson Timbers, Mark Senter to discuss the merits of Plaintiffs’ Motion to Compel. On June 29, 2023, we sent Mr. Senter an email requesting Sawmill Partner’s answers to Plaintiffs written discovery. On July 13, 2023, Mr. Senter and I exchanged emails to have a discussion about Plaintiffs Motion to Compel and scheduled a call for 11:00 a.m. on July 14, 2023. I called Mr. Senter at 11:00 a.m. on July 14, 2023, to discuss the matter. Mr. Senter was not in the office and has not returned my call. Accordingly, this matter is presented to the Court for determination. Certified to on this 14" day of July 2023. /s/ William E. Reid William E. Reid CERTIFICATE OF SERVICE The undersigned certifies that on 14" day of July 2023 a true and correct copy of the above and foregoing document was efiled and e-served on all counsel of record in accordance with the Texas Rules of Civil Procedure. /s/ William E. Reid William E. Reid PLAINTIFFS’ MOTION TO COMPEL DISCOVERY FROM DEFENDANT SAWMILL- PAGE 4 Page 4 of 45 CAUSE NO. DC-23-02885 CHARLES DAVID WOOD JR. AND IN THE DISTRICT COURT LOLA BRIDGETTE WOOD Plaintiffs, Vv. 134 JUDICIAL DISTRICT BUILDERS FIRST SOURCE DALLAS, LLC, SAWMILL PARTNERS LLC D/B/A RICHARDSON TIMBERS, RIDGEVIEW TIMBERWORKS LLC Defendants. DALLAS COUNTY, TEXAS PLAINTIFF’S REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS LLC D/B/A RICHARDSON TIMBERS TO: DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS, by and through its attorneys of record, Mark S. Senter and Ciera Norris, Resnick & Louis, P.C., 2425 N. Central Expressway, Suite 231, Richardson, Texas 75080; msenter@rlattorneys.com; norris@rlattorneys.com In accordance with pursuant to Rule 196 of the Texas Rules of Civil Procedure, Plaintiff Charles David Wood, Jr. serves this First Request for Production upon Defendant Sawmill Partners d/b/a Richardson Timbers, requests that the following documents and tangible things be produced for inspection and copying at the law offices of Reid Dennis & Frick, P.C., 2600 Dallas Parkway, Ste 380, Frisco, Texas 75034. Respectfully submitted, REID DENNIS & FRICK, P.C. /s/ William E. Reid William E. Reid State Bar No. 16748500 wreid@reiddennis.com edocsnotifications@reiddennis.com PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 1 of 21 Page 5 of 45 REID DENNIS & FRICK, P.C. 2600 Dallas Parkway, Suite 380 Frisco, Texas 75034 Tel: (214) 618-1400 Fax: (214) 618-1653 ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing instrument was forwarded to the following counsel of record on this the 18" day of May 2023 in accordance with the Texas Rules of Civil Procedure: /s/ William E. Reid William E. Reid PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 2 of 21 Page 6 of 45 INSTRUCTIONS AND DEFINITIONS 1 Defendant Sawmill Partners d/b/a Richardson Timbers (“Defendant”) shall serve its written responses, documents and tangible things, and objections, if any, to these requests upon counsel for Plaintiff within thirty (30) days of service hereof or as ordered by the court. If an objection is made, the reason therefore should be stated with specificity. 2. To the fullest extent provided by the Texas Rules of Civil Procedure and the local tules of practice, these requests are intended to be continuing in nature. You are requested and required to timely supplement your responses when appropriate or necessary to make them correct or complete. 3 These requests are intended to include and refer to all information and documents in the possession, custody or control of Defendant, whether directly or indirectly. Information or documents are deemed to be in Defendant’s possession, custody or control if: (1) it is within the actual knowledge or possession of Defendant, or (2) it is within the knowledge of any other person or entity and Defendant has the right or ability to obtain the information from such person or entity. 4 Unless otherwise indicated, the use in these requests of the name or identity of any person, business organization, or other entity shall specifically include all past or present employees, officers, directors, partners, agents, representatives, attorneys of that person, organization, or entity and its predecessors and successors. 5 For purposes of interpreting or construing the scope of the requests, you are instructed to give words their most expansive and inclusive meanings. You should, therefore: a. Construe the words “and” as well as “or” in the disjunctive or conjunctive (i.e., as and/or), as necessary to make the request more inclusive; Construe the term “including” to mean “including, but not limited to”; Construe the words “all” and “each” to mean all and each; Construe the singular form of a word to include the plural and the plural form to include the singular; and €. Construe a masculine noun or adjective to include the feminine and vice versa. 6. A person is considered to be “present,” “in attendance” or “participating” if the person is present physically, by telecommunication, or otherwise has the opportunity to listen or participate. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 3 of 21 Page 7 of 45 7 “Person” and “persons” include natural persons, groups of natural persons acting in a collegial capacity (e.g., a committee or counsel), corporations, partnerships, associations, trusts, joint ventures, and any other incorporated or unincorporated business, governmental, public or legal entity. A reference to any person shall include, when applicable, its subsidiaries, controlled persons, controlling persons, shareholders, officers, directors, employees, agents, or other persons acting or purporting to act on its behalf. 8 “Communication,” “communicate,” and “communicated,” mean any oral or written utterance, notation or statement of any nature whatsoever, by or to whomsoever made, including, but not limited to correspondence, conversations, dialogues, discussions, interviews, consultations, agreements, telegrams, telexes, cables, text messages, emails, chat messages, phone calls, voice mails, memoranda, and oral, written or other understandings and exchanges of ideas or information, between two or more persons. 9 “Relate to,” “related to,” and “relating to,” “refer to,” “concerning,” or “concern” mean concerning, relating to, reflecting, referring to, having a relationship to, pertaining to, identifying, containing, pertinent to, comprising, setting forth, showing, disclosing, describing, explaining, summarizing, evidencing, or constituting, directly or indirectly, in whole or in part, or to be otherwise factually, legally or logically connected to the subject matter of the particular request. 10. The term “document” is used in the broadest sense and includes, but is not limited to, all original and non-identical copies, whether by reason of marginal or other notes or alterations, and all preliminary or subsequent drafts of the following items (each draft, nonidentical copy or marked version being a separate document), whether printed or recorded or reproduced by any other mechanical or electronic process, or written or produced by hand, and any other data compilations from which information can be obtained and translated, if necessary, by the person for whom production is sought into reasonably usable form, and any other tangible things which constitute or contain matters relevant to the subject matter or action, including, but not limited to: agreements; communications, including intercompany and intracompany communications; transcripts; electronic or videotape recordings; reports; correspondence; telegraphs or telegrams; cables; telexes; memoranda; records; books; calendars; summaries, notes or records of personal conversations or interviews; emails; voice mails; text messages; podcasts; social medial posts; diaries; graphs; charts; drawings; diagrams; notebooks; notecharts; plans; pictures; recordings; tapes; accounts; analytical records; summaries, notes or records of meetings or conferences; memoranda; opinions or reports of consultants or others; appraisals; reports or summaries of negotiations; market studies; corporate minutes or resolutions; photographs; motion picture film; video or audio tape; brochures; pamphlets; bulletins; advertisements; circulars; advertising literature; press releases; drafts; letters; projections; papers; working papers; checks (front and back); check stubs; receipts; deposit slips or other records; any information contained in any computer or information retrieval devices; any marginal comments appearing on or affixed to any paper or writing; text message, email, voice mail message, chat message, and other matter constituting a “document” or “tangible thing” within the meaning of the Texas Rules of Civil Procedure and the Texas Rules of Civil Evidence other than those documents prepared by your attorney or by you solely at the direction of your attorney. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 4 of 21 Page 8 of 45 11. “Identification,” “identify,” and “identity,” when used in reference to (a) a natural individual, requires you to state his or her full name, residential and business addresses, and telephone numbers; (b) a corporation, requires you to state its full corporate name and any name under which it does business, its state of incorporation, and the address of its principal place of business; (c) a business, requires you to state the full name or style under which the business is conducted, its business address or addresses, the types of businesses in which it is engaged, the geographical areas in which it conducts those businesses, and the identity of the person or persons who own, operate, and control the businesses; (d) a document, requires you to state the nature of the document, its title, its date, and the name or names of its authors or recipients, its length in number of pages or otherwise, and its present location and custodian; (e) a communication, requires you to identify persons participating in the communication and to state the date, time, manner, place, means, and substance of the communication which was written, to identify the document or documents which refer to the communication. 12. "Statement" shall include all (a) written statements signed or otherwise adopted or approved by the person making it and (b) a stenographic, mechanical, electronic, taped, or other methods of recording, or any transcription thereof, which purport to be a substantially accurate record of any statement made by the person. 13. “Petition” shall mean Plaintiffs’ most recent petition on file with the Court, including any amendments and/or supplements thereto. 14. “You," "Your," "Sawmill” shall mean Defendant Sawmill Partners dba Richardson Timbers, and all of its agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. 1D “Woods,” “Plaintiffs” shall mean the Plaintiffs Charles David Wood, Jr. and Lola Bridgett Wood and includes all of their agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. 16. “Builders” shall mean Defendant Builders First Source Dallas, LLC. and BFS Texas Sales, LLC f/k/a BMC Texas Sales LLC and includes all of its agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. 17. “Ridgeview” shall mean “Ridgeview Timberworks, LLC” and all of its agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. 18. "Incident" and "occurrence" refer to the events related to the failure and collapse of two Plaza Structures on November 4, 2022, as more fully set forth in Plaintiffs’ most recent Petition. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 5 of 21 Page 9 of 45 19. “Bella” and/or “Bella Estates” shall mean “Bella Estates 1, Inc.” and all of its agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. 20. “Peskuski Design” shall mean Peskuski Design Firm and Jay Peskuski and all of its agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. 21. “Skaggs Engineering” shall mean Matthew Skaggs and Skaggs Engineering and all of its agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. 22. “Plaza Structure Project” shall mean the construction of two Plaza Structures in the backyard of the Woods’ home located at 5518 Winston Court, Dallas, Texas 75220. 23. All definitions and rules of construction contained in the Texas Rules of Civil Procedure and the Texas Rules of Evidence are incorporated herein by reference. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 6 of 21 Page 10 of 45 FIRST REQUESTS FOR PRODUCTION REQUEST NO. 1: Please produce each and every document that identifies the employees or workers of Sawmill that were involved in selling the beams, rafters and trusses to Bella or the Woods for the Plaza Structure Project. ANSWER: REQUEST NO. 2: Please produce any and all communications between Sawmill and Bella regarding the beams, rafters and trusses for the Plaza Structure Project. ANSWER: REQUEST NO. 3: Please produce any and all communications between Builders and Sawmill regarding the beams, rafters and trusses for the Plaza Structure Project. ANSWER: REQUEST NO. 4: Please produce any and all communications between Sawmill and Ridgeview regarding the beams, rafters and trusses for the Plaza Structure Project. ANSWER: REQUEST NO. 5: Please produce any and all communications between Sawmill and the Woods regarding the beams, rafters and trusses for the Plaza Structure Project. Plaza Structure Project. ANSWER: REQUEST NO. 6: Please produce any and all communications by Sawmill with Truett Hunt and/or Daniel Zipperlen regarding the beams, rafters and trusses for the Plaza Structure Project. ANSWER: PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 7 of 21 Page 11 of 45 REQUEST NO. 7: Please produce the engineering plans and design specifications that were used to design and prepare the shop drawings that were used to construct the beams, rafters and trusses that were provided to the Plaza Structure Project. ANSWER: REQUEST NO. 8: Please produce the original design plans, specification and shop drawings used to create, reviewed or used by Sawmill or others to construct the beams, rafters and trusses that were provided to the Woods Plaza Structure Project. ANSWER: REQUEST NO. 8: Please produce any amendments, modifications or changes to the design plans, specification and shop drawings that were used to create, reviewed or used by Sawmill or others to construct the beams, rafters and trusses that were provided to the Woods’ Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 9: All letters, memoranda, notes, correspondence, journals, diaries, calendars, daytimers, or similar compilations of information kept manually by Emilio Cantu or stored electronically regarding the beams, rafters and trusses that were provided by Sawmill for the Woods’ Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 10: All letters, memoranda, notes, correspondence, journals, diaries, calendars, daytimers, or similar compilations of information that were obtained by Sawmill during the core sample testing performed at the Woods’ Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220 on or about February 28, 2023. ANSWER: REQUEST NO. 11: Please produce each and every document that identifies any changes made by Builders, Sawmill, and/or Ridgeview and/or their employees and/or workers to the labor, equipment, materials, method and procedures used to construct the Plaza Structure Project prior to the construction of the Plaza Structures in July 2022. ANSWER: PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 8 of 21 Page 12 of 45 REQUEST NO. 12: Please produce copies of any and any agreements, all communications, orrespondence, emails, text messages, voice mails, and video communications between Defendant Sawmill and Builders regarding the beams, rafters and trusses that were provided to the Woods Plaza Structure Project or pertaining to the Woods’ Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 13: Please produce copies of any and any agreements, all communications, correspondence, emails, text messages, voice mails, and video communications between Defendant Ridgeview and Sawmill regarding the beams, rafters and trusses that were provided to the Woods Plaza Structure Project or pertaining to the Woods’ Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 14: Please produce copies of any and any agreements, all communications, correspondence, emails, text messages, voice mails, and video communications between Defendant Ridgeview and Sawmill or Builders regarding the beams, rafters and trusses that were provided to the Woods Plaza Structure Project or pertaining to the Woods’ Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 15: Please produce a copy of each statute, code, ordinance, rule and/or regulation that governed Sawmill’s work designing or constructing the beams, rafters and trusses that were provided to the Woods Plaza Structure Project at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 16: Please produce a copy of each statute, code, ordinance, rule and/or regulation that governed the construction of the Woods Plaza Structure Project at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 17: Please produce a list or other documentation showing the labor, equipment, materials and services that Sawmill provided that were used to build, construct or order the beams, rafters and trusses for the Woods Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 9 of 21 Page 13 of 45 ANSWER: REQUEST NO. 18: Please produce a list or other documentation showing the labor, equipment, materials and services that Builders provided that were used to build, construct or order the beams, rafters and trusses for the Woods Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 19: Please produce a list or other documentation showing the labor, equipment, materials, and services that Ridgeview provided that were used to build, construct, or order the beams, rafters and trusses for the Woods Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 20: Please produce each Work Order issued between Builders, Sawmill and Ridgeview for the beams, rafters and trusses or work performed in constructing the Plaza Structure Project at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 21: The Contract documents entered between Builders, Sawmill and Ridgeview for the for the beams, rafters and trusses or work performed in constructing the Plaza Structure Project at 5518 Winston Court, Dallas, Texas 75220, including, but not limited to the designs, engineering plans and/or specifications. ANSWER: REQUEST NO. 22: All documents identifying what Builders, Sawmill and Ridgeview did to analyze the beams, rafters and trusses necessary to construct the Woods Plaza Structure Project, including the quantity and types of materials necessary to construct the beams, rafters and trusses for the Woods Plaza Structure Project at 5518 Winston Court, Dallas, Texas 75220, ANSWER: PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 10 of 21 Page 14 of 45 REQUEST NO. 23: All documents identifying what Builders, Sawmill and Ridgeview did to determine the adequacy of any materials that were selected to construct the beams, rafters and trusses for the Woods Plaza Structure Project. ANSWER: REQUEST NO. 24: All documents identifying what Builders, Sawmill and Ridgeview did to become knowledgeable and familiar with the beams, rafters and trusses that would be necessary to successfully construct the Woods Plaza Structure Project without the structures collapsing. ANSWER: REQUEST NO. 25: All documents, identifying any testing of the work performed by Builders, Sawmill and Ridgeview on the beams, rafters, and trusses to confirm that the beams, rafters and trusses were adequate and/or in compliance with all applicable statutes, codes, ordinances, rules or regulations in the industry. ANSWER: REQUEST NO. 26: Any other engineering, testing and/or inspection reports used for the beams, rafters and trusses supplied for the Woods’ Plaza Structure Project. ANSWER: REQUEST NO. 27: Sawmill’s bid file, job file or construction file for the beams, rafters and trusses supplied for the Woods’ Plaza Structure Project. ANSWER: REQUEST NO. 28: Please produce each and every agreement between the Sawmill and Bella that was in effect and governed the work being performed by Builders related to the Plaza Structure Project. ANSWER: REQUEST NO. 29: Please produce each and every agreement between the Sawmill and the Woods that was in effect and governed the work being performed by Builders related to the Plaza Structure Project. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 11 of 21 Page 15 of 45 ANSWER: REQUEST NO. 30: Please produce each and every agreement between the Builders and Sawmill that was in effect and governed the work being performed by Builders related to the Plaza Structure Project. ANSWER: REQUEST NO. 31: Please produce each and every agreement between Sawmill and Ridgeview that was in effect and governed the work being performed by Sawmill related to the Plaza Structure Project. ANSWER: REQUEST NO. 32: Please produce each and every safety rule or quality assurance plan that was implemented either by the Builders, Sawmill and/or Ridgeview to ensure the structural stability of beams, rafters and trusses to be used at the Woods Plaza Structure Project. ANSWER: REQUEST NO. 33: Please produce all photographs and videos of the Woods’ property and of the Plaza Structure Project. ANSWER: REQUEST NO. 34: Please produce copies of any and all communications, correspondence, emails, text messages, voice mails, and video communications between the City of Dallas and any of your employees or representatives and anyone else concerning the Woods’ property located at 5518 Winston Court, Dallas, Texas 75220 in connection with the Plaza Structure Project. ANSWER: REQUEST NO. 35: Please produce copies of any and all communications, correspondence, emails, text messages, voice mails, and video communications in your possession, custody, or control related in any way to the Plaza Structure Project. ANSWER: PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 12 of 21 Page 16 of 45 REQUEST NO. 36: Please produce copies of any and all documents in your possession, custody, or control signed by Bella related in any way to the Plaza Structure Project. ANSWER: REQUEST NO. 37: Please produce copies of any and all documents in your possession, custody, or control signed by the Woods related in any way to the Plaza Structure Project. ANSWER: REQUEST NO. 38: Please produce copies of any and all documents in your possession, custody, or control signed by Daniel Zipperlen related in any way to the Plaza Structure Project. ANSWER: REQUEST NO. 39: Please produce all agreements, whether formal or informal, signed or unsigned, that relate in any way to the property at 5518 Winston Court, Dallas, Texas 75220 and/or work performed in relation to the in connection with the Plaza Structure Project. ANSWER: REQUEST NO. 40: Please produce all notices or communications from or on behalf of the Woods regarding any damages or claims related to the Incident made the basis of this suit. ANSWER: REQUEST NO. 41: Please produce all correspondence and communications (including, but not limited to, letters, notes, memoranda, text messages, and email messages) to or from Builders, Sawmill and/or Ridgeview regarding the Plaza Structure Project or the property damage to the Woods’ property at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 42: Please produce all correspondence and communications (including, but not limited to, letters, notes, memoranda, text messages, and email messages) between Builders, Sawmill and/or Ridgeview asking for a defense and/or indemnity in connection with the property damage to PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 13 of 21 Page 17 of 45 5518 Winston Court, Dallas, Texas 75220 or related to the claims asserted by the Woods in this lawsuit. ANSWER: REQUEST NO. 43: Any reservation of rights letter from any insurance companies regarding the claims made the basis of the Woods’ lawsuit. ANSWER: REQUEST NO. 44: Please produce all inspection forms completed that pertain to the work performed by Builders and/or Sawmill on the Plaza Structure Project. ANSWER: REQUEST NO. 45: Please produce all inspection forms completed that pertain to the work performed by Sawmill and/or Ridgeview on the Plaza Structure Project. ANSWER: REQUEST NO. 46: Please produce all proposals, quotes or other documents provided to Builders, Sawmill and/or Ridgeview to repair the damage in connection with the damage to the Plaza Structures located at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 47: Please produce documents concerning the hiring of Sawmill by Builders in connection with the Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 48: Please produce documents concerning the hiring of Ridgeview by Builders in connection with the Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220. ANSWER: PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 14 of 21 Page 18 of 45 REQUEST NO. 49: Please produce documents concerning the hiring of Ridgeview by Sawmill in connection with the Plaza Structure Project located at 5518 Winston Court, Dallas, Texas 75220. ANSWER: REQUEST NO. 50: Please produce the specific documents that constitute the terms of any agreement between Builders and Sawmill and/or Ridgeview in connection with Builders providing goods and/or services for the Plaza Structure Project. ANSWER: REQUEST NO. 51: Please produce all change orders, if any, issued to Sawmill regarding the Plaza Structure Project. ANSWER: REQUEST NO. 52: Please produce all specifications applicable to Sawmill in providing goods and services necessary to perform work for Plaza Structure Project. ANSWER: REQUEST NO. 53: Please produce all job diaries, memos, notes, reports and e-mails that relate to the work performed by Builders, Sawmill and/or Ridgeview regarding the Plaza Structure Project. ANSWER: REQUEST NO. 54: All indemnity and insurance policies under which any person or entity may be liable to satisfy part of all of a judgment rendered in the Lawsuit or to indemnify or reimburse for payments made to satisfy a judgment in the Lawsuit, and all materials relating to same. ANSWER: REQUEST NO. 55: All documents, communications, emails and text messages concerning any actual, apparent, alleged, or possible failure of Builders and/or Sawmill and/ or Ridgeview to PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 15 of 21 Page 19 of 45 perform its/their job duties or concerning any substandard performance on the Plaza Structure Project. ANSWER: REQUEST NO. 56: All documents that reference, relate to or evidence any prior or current lawsuit, administrative proceeding, arbitration, or hearing to which the Sawmill was/is a party, other than this Lawsuit, that contain allegations of breach of contract, breach of warranty, negligence or other claims regarding the failure of the Sawmill to implement the required safeguards within the past five (5) years that resulted in damage to another resident’s real property while a subcontractor was performing work for Sawmill. ANSWER: REQUEST NO. 57: All documents supporting Defendant Sawmill’s contention that the Woods were responsible for causing the damage to their property. ANSWER: REQUEST NO. 58: All documents supporting Sawmill’s contention that other persons or entities are responsible for causing the damage to the Woods’ property. ANSWER: REQUEST NO. 59: All documents supporting Sawmill’s that the Woods’ negligence caused or contributed to the Woods’ damages. ANSWER: REQUEST NO. 60: All documents supporting the contention that the Woods’ claims are barred by the doctrine of waiver and/or estoppel. ANSWER: REQUEST NO. 61: All documents supporting the contention that the Woods assumed the risk of all damages or injuries to their real property. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 16 of 21 Page 20 of 45 ANSWER: REQUEST NO. 62: All documents supporting the contention that the Woods assumed the risk of all damages or injuries to their real property. ANSWER: REQUEST NO. 63: All documents supporting the contention that the Woods failed to mitigate their damages. ANSWER: REQUEST NO. 64: All documents supporting the contention that the Woods failed to allow or provide Sawmill with an opportunity to cure any alleged breach. ANSWER: REQUEST NO. 65: All documents supporting the contention that the Woods have disclaimed all express and implied warranties in accordance with Texas law. ANSWER: REQUEST NO. 66: All documents supporting the contention that all products and services provided by Sawmill complied with generally accepted industry standards and practices and that Sawmill substantially performed its obligations. ANSWER: REQUEST NO. 67: All documents supporting the contention that the Woods action is barred by application of the economic loss rule. ANSWER: REQUEST NO. 68: All documents identifying or supporting the contention that the Woods failed to perform conditions precedent necessary to assert their claims against Defendant Sawmill. ANSWER: REQUEST NO. 69: Please produce a copy of any release signed by the Woods or any other documents supporting the contention that the Woods’ claims are defeated or reduced by the defense of release. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 17 of 21 Page 21 of 45 ANSWER: REQUEST NO. 70: Any and all invoices, canceled checks, and/or any other documents documenting the offsets and credits that any Defendant is entitled to receive with respect to the Woods’ damage claims. ANSWER: REQUEST NO. 71: Any and all claims, demands or offers of settlement exchanged between the Builders and/or Sawmill and/or Ridgeview and/or Builders’ insurer regarding the Woods’ claims asserted in the lawsuit. ANSWER: REQUEST NO. 72: Any and all claims, demands or offers of settlement exchanged between the Builders and/or Sawmill and/or Ridgeview’s insurers. ANSWER: EQUEST NO. 73: Identify all tangible objects which you have inspected and/or are preserving for use as physical evidence with regard to any claim or defense which you are asserting in this case, and, further, identify the person or entity having custody of each tangible object identified. ANSWER: REQUEST NO. 74: Please produce all documents that you used, reviewed and/or relied upon in answering Plaintiff's Interrogatories and/or Request for Disclosure. ANSWER: REQUEST NO. 75: Please produce copies of any and all documents regarding any communications between Builders and any Dallas County, Texas or Federal governmental or law enforcement agency regarding the incident or the damage to the Woods’ property. ANSWER: REQUEST NO. 76: Please produce copies of any demonstrative exhibits you intend to use during trial. ANSWER: PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 18 of 21 Page 22 of 45 REQUEST NO. 77: Please product any incident reports, inspection reports, and/or written ommunications between Builders and Sawmill regarding what caused the damage and/or failure of the Plaza Structure Project and/or how the damage to the Woods’ property could have been avoided. ANSWER: REQUEST NO. 78: Please product any incident reports, inspection reports, and/or written communications between Sawmill and Ridgeview regarding what caused the damage and/or failure of the Plaza Structure Project and/or how the damage to the Woods’ property could have been avoided. ANSWER: REQUEST NO. 79: Any and all drawings, specs, blueprints, maps or sketches related to the area of any work being performed for the Woods Plaza Structure Project or constructing the beams, rafters or trusses. ANSWER: REQUEST NO. 80: Defendant Sawmill’s investigative file and documents therein, including teports, correspondence, notes, and memorandums prepared prior to the filing of the pending lawsuit. ANSWER: REQUEST NO. 81: Copies of all agreements with any other Defendant regarding the sharing or allocation of damages, sharing or allocations of expenses, coordination in the jury selection process, including the process of jury strikes or any other agreement related to contribution, indemnity or settlement. ANSWER: REQUEST NO. 82: For the Plaza Structure Project., please produce a complete, accurate, genuine, and legible copy of each: a. Job progress report; b. Field inspection report; c. Progress schedule (initial and each updated report);Critical Path Method print-out; d. Progress meeting minutes; e. Coordination meeting minutes; f. Scheduling minutes; g. Special report or memorandum; PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 19 of 21 Page 23 of 45 h. Defendant’s daily reports; i. Defendant’s superintendent’s log or daily reports; j. Change orders; k. Side note(s) on shop drawing(s) or on the plans and specifications; 1. Safety meeting/toolbox safety talk meeting minutes; m. Safety meeting sign in sheets; n. Job hazard analysis sheets; o. Documents to include accident reports pertaining to any other property damage; and p. Documents to include accident reports pertaining to any other personal injuries or death. ANSWER: REQUEST NO. 83: All correspondence between Defendant Sawmill and any Engineer relating to the investigation of any damage to as a result of the Plaza Structure failure or failure to stabilize during the construction of the Plaza Structure Project. ANSWER: REQUEST NO. 84: All correspondence between Sawmill and any other entity which relates to the Plaza Structure Project. ANSWER: REQUEST NO. 85: A complete, accurate, genuine and legible copy of all prebid packages, preconstruction notices, instructions to bidders, or any other documents that were provided to prospective bidders, contractors, or subcontractors, together with all parts, sub-parts, documents incorporated therein by reference, and revisions thereto, and which relate to the Plaza Structure Project. ANSWER: REQUEST NO. 86: Any and all documents describing safety violations, or dangerous working conditions occurring on the project site from the beginning of the Plaza Structure Project. (For purposes of your responses to discovery, please consider the term “safety violations” to include but not be limited to any O.S.H.A. violations, or violations of any Defendant’s written policy regarding safety on a work site.) ANSWER: REQUEST NO. 87: A copy of the root-cause analysis of the damage caused to the Woods’ property performed by or on behalf of Builders, Sawmill and/or Ridgeview. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 20 of 21 Page 24 of 45 ANSWER: REQUEST NO. 88: A copy of the invoices submitted by Sawmill to Builders for work performed in connection with the Plaza Structure Project. ANSWER: REQUEST NO. 89: A copy of the invoices submitted by Ridgeview to Sawmill for work performed in connection with the Plaza Structure Project. ANSWER: REQUEST NO. 90: A copy of the engagement agreement between t Sawmill and the attorneys that are representing t Sawmill in this case. ANSWER: REQUEST NO. 91: A copy of the invoices, fee statements or charges that have been incurred by Sawmill in defending this lawsuit and for the bases of Sawmill claim seeking to recover attorney fees from the Plaintiffs. ANSWER: REQUEST NO. 92: Documents supporting the contention that Builders First Source Dallas, LLC is a proper party to this lawsuit or was incorrectly sued by the Plaintiffs. ANSWER: REQUEST NO. 93: Documents supporting the contention that BFS Texas Sales, LLC is the proper party to the lawsuit. ANSWER: REQUEST NO. 94: Documents, if any, showing the legal entity that acquired DeFord Lumber after the period the Plaintiffs had ordered the trusses, beams and rafters. ANSWER: REQUEST NO. 95: Job descriptions or other documents, if any, that identify Emilo Cantu’s job duties working for Builders or Builder’s previous successor DeFord Lumber. ANSWER: PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT SAWMILL PARTNERS D/B/A RICHARDSON TIMBERS. Page 21 of 21