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DISCOVERY SUBPOENA DUCES TECUM
MARY KAY,
v.
V.
TO
KAY, INC.,
T0 ANY SHERIFF
EXECUTE SUBPOENAS
EXECUTE
GREETINGS:
INC.,
xxxxx xxxxx xxxxxxx,
Plaintiff,
Plaintiff;
Defendant.
Defendant.
OR CONSTABLE
SHERIFF OR CONSTABLE OF
AS PROVIDED
AS
OF THE
PROVIDED IN
COMMANDED T0 SUMMON:
HEREBY COMMANDEDTO
YOU ARE HEREBY
TECUM
CAUSE NO. DC-18-05560
THE STATE OF TEXAS
THE STATE
[N
STATE OF
RULES
RULES
SUMMON:
Attn: Registered
Atm:
DC-18-05S60
§§
§
§
§
§
§§
§
§
§
§
§§
OF TEXAS
176
TEXAS OR
AND 205
I76 AND
PayPal,
OR OTHER
205 OF
PayPal, Inc.
Registered Agent,
1999 BryanSt.,
IN THE DISTRICT
IN THE
DALLAS
lltfTH
OTHER PERSON
THE TEXAS
0F THE
CT Corporation
Agent, CT
TEXAS
Corporation System
Bryan SL, Ste.
Dallas,
Ste. 900
Dallas. TX 75201-3136
900
75201-3 136
System
DISTRICT COURT
COUNTY,
judICIAL DISTRICT
116T” JUDICIAL
RULES
RULES OF
COURT OF
DISTRICT
AUTHORIZED TO
PERSON AUTHORIZED
0F CIVIL
TEXAS
TEXAS
0F
T0 SERVE AND
SERVE AND
CIVIL PROCEDURE.
PROCEDURE,
FILED
DALLAS COUNTY
8/6/2018 2:32 PM
FELICIA PITRE
DISTRICT CLERK
Marissa Pittman
to
to produce
produce
Documents")
Documents")
Subpoena.
Subpoena.
the documents
the
to
The
documents and
to this
this Subpoena
The documents
documents
and
Subpoena and
and
and
tangible
tangible
and to
affidavit
things
things
to further
affidavit shall
requested
requested in
further execute
execute the
shall be
be produced
in Schedule
SgMule A("Command
the affidavit
affidavit enclosed
produced at at the
enclosed as
offices of
the offices
as MB
A ("Command to
to Produce
Produce
§£lisdule.B Cox
Lynn Pinker
of Lynn Pinker
to this
to
Cox
this&
&
such
Hurst, LLP, 2100
Hurst, LLP, 2100 Ross
Ross Avenue,
Avenue, Suite
Suite 2700,
2700. Dallas, Texas 75201
Dallas, Texas 75201 by August
by 20,2018, or at such
August 20. 2018, or at
other
other time
time and place
place as mutually agreed.
as mutually agreed.
**
ATMCHED
SEE ATTOeHED **
**
*** AFFiOAVgT
*** AFFQDAVET ***
***
Pace
Page 11
SUBPOENA ®
HEREIN FAIL NOT, but
FAIL NOT, but of
of this
this writ
writ madedue
made due return
return showing
showing howhow you
you have
have executed
executed same.
same.
Rule
Rule 176.8(a)
176.8(a) states:
states: Contempt. Failure
Failure by any
by person
person without
without adequate
adequate excuse
excuse to
to obey
obey aa
subpoena
subpoena served
served upon
upon that person may be
that person bedeemed
deemed acontempt
a contempt ofthe
of the court
court from
from which
which the
the subpoena
subpoena
is
is issued
issued or
or a district
district court
court in
in thecounty
the county in may punished
in which the subpoena is served, andmay be punished by
which the subpoena is served, and be by
fine
fine or confinement,
confinement, or both.both.
GIVEN UNDER MY HAND AND SEAL, this this the
the 31st
3 lst day of
of July,
July, 2018.
2018.
Issued by counsd le Plaintiffi
Christopher
Christopher JTSchvv^
ITSc veg nann Notary Public,
NOQy Public, S te
te of Texas
Texas Bar No. 2405)3
2405 5
.‘5
cjs@lynnllp.com
cjs@lynnllp.com '
Jared
Jared D. Eisenberg
Eisenbcrg Christ!
cruisu Baker
Texas Bar No. 24092382 SalaryPuhm.
Naliiry PabUc.
SitfUul'l‘nm
Slaw unViM*
jei$enberg@lynnllp.com
jeisenberg©lynnllp.com ‘
E«plres!09-16»2018
Emlre5209-1 6-201 3
Lynn
LYNN Pinker
PINKER Cox &
8: BURST, LLP
Hurst,
2100 Ross Avenue, Suite 2700
Dallas,
Dallas. Texas 75201
Telephone:
Telephone: (214)
(214) 981-3800
Facsimile:
Facsimile: (214)
(214) 981-3839
ATTORNEYS FOR PLAINTIFF MARY MARY KAY INC.
KAY INC.
Page 2
SUBPOENA
OEIICER’S RETURN
OFFICER'S RETURN
Came to hand
band the day
day of ^ 2018, at
at o'clock
o’clock _.M.,,M., and
executed byby delivering
delivering a copy
copy of this
this subpoena toto the
the within
within named witness
witness atat the
the following
following time
time
and place.
place, to
to wit;
witz'
Delivered: .,2018
.2018
at o’clock _.M.
. o'clock ^.M.
or
or not
not executed as as to
to the witness for
for the following reason:
reason:
II actually
actually and necessarily
necessarily traveled.
traveled miles
miles in
in the service
service of this
this Subpoena, inin
addition
addition toany
to any this
this mileage
mileage I I may have traveled inthe service of this process in this cause during
have traveled in the service of this process in this cause during
the
the same trip.
trip.
SummoningWitness:
Summoning Witness: $_
$
Mileage:
Mileage: $.
$ ,County,
County. Texas
By:
(Print
(Print Name)
**
(Print
(Print Address)
Address)
•<*
K.“ ATTACHED **
SEE ATTACHED
-^OTnDAVlT***
Mi? **"
AFFIDAVIT
(Telephone Number)
(Telephone Number)
Page
Pa” 3
SUBPOENA
CAUSE NO. DC-18-05560
CAUSE DC-l8-05560
MARY KAY, INC. INC., § THE DISTRICT COURT
IN THE COURT
§
§
Plaintifr(s),
Plaintiff(s), §
VS. § 116TH JUDICIAL DISTRICT
§
xxxxx xxxxx xxxxxxx, §
§
Defendant($).
Defendant(s). § DALLAS COUNTY, TEXAS
BOOF
PROOF OF OF SERVICE OF SUBPOENA
Came to to hand on Tuesday,
Tuesday, July
July 31,2018
31, 2018 atat 11:25
11:25 AM,
Executed at:at: 1999 BRYAN STREET, SUITE 900, 900, DALLAS, TX 75201 75201
within
within the
the county
county ofof DALLAS at at 12:55
12:55 PM, on on Tuesday,
Tuesday, July
July 31,2018,
31, 2018,
by delivering
by delivering toto the
the within
within named:
named:
PAYPAL, INC.
By delivering
delivering toto its
its Registered
Registered Agent,
Agent, CT CORPORATION SYSTEM
By delivering
delivering toto its
its Authorized Agent,
Agent, ANTOINETTE WILLIAMS
In person aa true
In person true copy
copy hereof
hereof and
and tendered
tendered a a witness
witness fee
fee of
of $1.00
$1.00 Cash,
Cash, which
which was
was accepted.
accepted.
/
I fl
By:
By:
Bri
49
gewat
f
Adam Bridgewat^- PSCiST^Exp 07/31/20
- PSC Exp 07/31/20
served@specialdelivery.com
served@specialdelivery.com
Subscribed and Sworn to by Adam Bridgewater,
to by Bridgewater, Before
Before Me,
Me, ersigned
ersigned ^bority,
a hority, on
on this
this 2"**
2"“
day
day ofof August,
August, 2018.
2018. '
Notary Pul‘ficWhe
Notary Public the State of Texas
MICHAELS. HARP
Notary Public
Notary Public
STATE OF TEXAS
ID# 12499806-6
ID#1E2499806-6
My Comm. Ekb. July 23,3080
'
to
to
1.
1.
furnish
Each
Each
fumish (Including
Request
Request
(including all
for
for
W
SCHEDULEA
INSTRUCTIONS
INSTRUCTIONS
Production
Production
all duplicates,
requests
requests documents
documents and
and other
other materials
materials
duplicates, copies ordrafts thereof) that are In your possession, custody
copies or drafts thereot) that are in your possession,
you
you are
are
custody
or
or control,
control, or
or known or
or available
available to
to you,
you, regardless
regardless of
of whether
whether such
such documents
documents are
are
possessed
possessed directly
directly by
by you
you or
or by
by any
any present
present or
or former
former employee,
employee, agent,
agent, partner,
partner, associate,
associate,
representative,
representative, attorney,
attorney, accountant,
accountant, Insurer,
insurer, contractor,
contractor, advisor,
advisor, consultant,
consultant, Investigator,
investigator,
bank, governmental
governmental entity, physician, or any other person
physician. or any other person acting or purporting to act on
acting or purporting to act on your your
bank, entity.
behalf or
behalf or under your
your control.
control.
2.
2. In
In producing documents and other
producing other materials
materials In
in response
response toto these
these requests,
requests, you
you
are
are requested
requested to
to produce
produce aacopy
copy of
of each
each document,
document. and
and both
both sides
sides thereof,
thereof. all
all
electronic
electronic
versions,
versions, and
and all
all drafts
drafts and
and non-ldentlcal
non-identical copies
copies (whether
(whether different
different from
from the original
the original because
because
of
of notes
notes made
made on
on such copies,
such copies, because of Indications
because of indications that said copies
that said copies were
were sent to
sent to
different
different
Individuals
individuals than
than were
were the
the originals,
originals, or because of
or because of any other
other reason).
reason). Where an
Where an Identical
identical copy
copy
ofa
of a document
document cannot
cannot be
be produced
produced for
for any
any reason
reason (e.g.,
(e.g., different
different color
color entries,
entries, faint
faint writing,
writing.
erasures,
erasures, etc.),
etc.), please produce
please produce the original.
original.
3.
3. If
If you
you claim
Preview
M fl DISCOVERY SUBPOENA DUCES TECUM MARY KAY, v. V. TO KAY, INC., T0 ANY SHERIFF EXECUTE SUBPOENAS EXECUTE GREETINGS: INC., xxxxx xxxxx xxxxxxx, Plaintiff, Plaintiff; Defendant. Defendant. OR CONSTABLE SHERIFF OR CONSTABLE OF AS PROVIDED AS OF THE PROVIDED IN COMMANDED T0 SUMMON: HEREBY COMMANDEDTO YOU ARE HEREBY TECUM CAUSE NO. DC-18-05560 THE STATE OF TEXAS THE STATE [N STATE OF RULES RULES SUMMON: Attn: Registered Atm: DC-18-05S60 §§ § § § § §§ § § § § §§ OF TEXAS 176 TEXAS OR AND 205 I76 AND PayPal, OR OTHER 205 OF PayPal, Inc. Registered Agent, 1999 BryanSt., IN THE DISTRICT IN THE DALLAS lltfTH OTHER PERSON THE TEXAS 0F THE CT Corporation Agent, CT TEXAS Corporation System Bryan SL, Ste. Dallas, Ste. 900 Dallas. TX 75201-3136 900 75201-3 136 System DISTRICT COURT COUNTY, judICIAL DISTRICT 116T” JUDICIAL RULES RULES OF COURT OF DISTRICT AUTHORIZED TO PERSON AUTHORIZED 0F CIVIL TEXAS TEXAS 0F T0 SERVE AND SERVE AND CIVIL PROCEDURE. PROCEDURE, FILED DALLAS COUNTY 8/6/2018 2:32 PM FELICIA PITRE DISTRICT CLERK Marissa Pittman to to produce produce Documents") Documents") Subpoena. Subpoena. the documents the to The documents and to this this Subpoena The documents documents and Subpoena and and and tangible tangible and to affidavit things things to further affidavit shall requested requested in further execute execute the shall be be produced in Schedule SgMule A("Command the affidavit affidavit enclosed produced at at the enclosed as offices of the offices as MB A ("Command to to Produce Produce §£lisdule.B Cox Lynn Pinker of Lynn Pinker to this to Cox this& & such Hurst, LLP, 2100 Hurst, LLP, 2100 Ross Ross Avenue, Avenue, Suite Suite 2700, 2700. Dallas, Texas 75201 Dallas, Texas 75201 by August by 20,2018, or at such August 20. 2018, or at other other time time and place place as mutually agreed. as mutually agreed. ** ATMCHED SEE ATTOeHED ** ** *** AFFiOAVgT *** AFFQDAVET *** *** Pace Page 11 SUBPOENA ® HEREIN FAIL NOT, but FAIL NOT, but of of this this writ writ madedue made due return return showing showing howhow you you have have executed executed same. same. Rule Rule 176.8(a) 176.8(a) states: states: Contempt. Failure Failure by any by person person without without adequate adequate excuse excuse to to obey obey aa subpoena subpoena served served upon upon that person may be that person bedeemed deemed acontempt a contempt ofthe of the court court from from which which the the subpoena subpoena is is issued issued or or a district district court court in in thecounty the county in may punished in which the subpoena is served, andmay be punished by which the subpoena is served, and be by fine fine or confinement, confinement, or both.both. GIVEN UNDER MY HAND AND SEAL, this this the the 31st 3 lst day of of July, July, 2018. 2018. Issued by counsd le Plaintiffi Christopher Christopher JTSchvv^ ITSc veg nann Notary Public, NOQy Public, S te te of Texas Texas Bar No. 2405)3 2405 5 .‘5 cjs@lynnllp.com cjs@lynnllp.com ' Jared Jared D. Eisenberg Eisenbcrg Christ! cruisu Baker Texas Bar No. 24092382 SalaryPuhm. Naliiry PabUc. SitfUul'l‘nm Slaw unViM* jei$enberg@lynnllp.com jeisenberg©lynnllp.com ‘ E«plres!09-16»2018 Emlre5209-1 6-201 3 Lynn LYNN Pinker PINKER Cox & 8: BURST, LLP Hurst, 2100 Ross Avenue, Suite 2700 Dallas, Dallas. Texas 75201 Telephone: Telephone: (214) (214) 981-3800 Facsimile: Facsimile: (214) (214) 981-3839 ATTORNEYS FOR PLAINTIFF MARY MARY KAY INC. KAY INC. Page 2 SUBPOENA OEIICER’S RETURN OFFICER'S RETURN Came to hand band the day day of ^ 2018, at at o'clock o’clock _.M.,,M., and executed byby delivering delivering a copy copy of this this subpoena toto the the within within named witness witness atat the the following following time time and place. place, to to wit; witz' Delivered: .,2018 .2018 at o’clock _.M. . o'clock ^.M. or or not not executed as as to to the witness for for the following reason: reason: II actually actually and necessarily necessarily traveled. traveled miles miles in in the service service of this this Subpoena, inin addition addition toany to any this this mileage mileage I I may have traveled inthe service of this process in this cause during have traveled in the service of this process in this cause during the the same trip. trip. SummoningWitness: Summoning Witness: $_ $ Mileage: Mileage: $. $ ,County, County. Texas By: (Print (Print Name) ** (Print (Print Address) Address) •<* K.“ ATTACHED ** SEE ATTACHED -^OTnDAVlT*** Mi? **" AFFIDAVIT (Telephone Number) (Telephone Number) Page Pa” 3 SUBPOENA CAUSE NO. DC-18-05560 CAUSE DC-l8-05560 MARY KAY, INC. INC., § THE DISTRICT COURT IN THE COURT § § Plaintifr(s), Plaintiff(s), § VS. § 116TH JUDICIAL DISTRICT § xxxxx xxxxx xxxxxxx, § § Defendant($). Defendant(s). § DALLAS COUNTY, TEXAS BOOF PROOF OF OF SERVICE OF SUBPOENA Came to to hand on Tuesday, Tuesday, July July 31,2018 31, 2018 atat 11:25 11:25 AM, Executed at:at: 1999 BRYAN STREET, SUITE 900, 900, DALLAS, TX 75201 75201 within within the the county county ofof DALLAS at at 12:55 12:55 PM, on on Tuesday, Tuesday, July July 31,2018, 31, 2018, by delivering by delivering toto the the within within named: named: PAYPAL, INC. By delivering delivering toto its its Registered Registered Agent, Agent, CT CORPORATION SYSTEM By delivering delivering toto its its Authorized Agent, Agent, ANTOINETTE WILLIAMS In person aa true In person true copy copy hereof hereof and and tendered tendered a a witness witness fee fee of of $1.00 $1.00 Cash, Cash, which which was was accepted. accepted. / I fl By: By: Bri 49 gewat f Adam Bridgewat^- PSCiST^Exp 07/31/20 - PSC Exp 07/31/20 served@specialdelivery.com served@specialdelivery.com Subscribed and Sworn to by Adam Bridgewater, to by Bridgewater, Before Before Me, Me, ersigned ersigned ^bority, a hority, on on this this 2"** 2"“ day day ofof August, August, 2018. 2018. ' Notary Pul‘ficWhe Notary Public the State of Texas MICHAELS. HARP Notary Public Notary Public STATE OF TEXAS ID# 12499806-6 ID#1E2499806-6 My Comm. Ekb. July 23,3080 ' to to 1. 1. furnish Each Each fumish (Including Request Request (including all for for W SCHEDULEA INSTRUCTIONS INSTRUCTIONS Production Production all duplicates, requests requests documents documents and and other other materials materials duplicates, copies ordrafts thereof) that are In your possession, custody copies or drafts thereot) that are in your possession, you you are are custody or or control, control, or or known or or available available to to you, you, regardless regardless of of whether whether such such documents documents are are possessed possessed directly directly by by you you or or by by any any present present or or former former employee, employee, agent, agent, partner, partner, associate, associate, representative, representative, attorney, attorney, accountant, accountant, Insurer, insurer, contractor, contractor, advisor, advisor, consultant, consultant, Investigator, investigator, bank, governmental governmental entity, physician, or any other person physician. or any other person acting or purporting to act on acting or purporting to act on your your bank, entity. behalf or behalf or under your your control. control. 2. 2. In In producing documents and other producing other materials materials In in response response toto these these requests, requests, you you are are requested requested to to produce produce aacopy copy of of each each document, document. and and both both sides sides thereof, thereof. all all electronic electronic versions, versions, and and all all drafts drafts and and non-ldentlcal non-identical copies copies (whether (whether different different from from the original the original because because of of notes notes made made on on such copies, such copies, because of Indications because of indications that said copies that said copies were were sent to sent to different different Individuals individuals than than were were the the originals, originals, or because of or because of any other other reason). reason). Where an Where an Identical identical copy copy ofa of a document document cannot cannot be be produced produced for for any any reason reason (e.g., (e.g., different different color color entries, entries, faint faint writing, writing. erasures, erasures, etc.), etc.), please produce please produce the original. original. 3. 3. If If you you claim