Preview
CAUSE NO. 22DCV291322
MARTIN GOMEZ
IN THE DISTRICT COURT
Plaintiff(s),
v. 240th JUDICIAL DISTRICT
MELLON ENTERPRISES
Defendant(s). FORT BEND COUNTY, TEXAS
NOTICE OF SUBPOENA AND DEPOSITION BY WRITTEN QUESTIONS OF
FORT BEND COUNTY SHERIFF’S OFFICE
TO: All Parties of Record
FORT BEND COUNTY SHERIFF'S OFFICE
Custodian of Records, 301 JACKSON ST., STE 533, RICHMOND, TX 77469
Please take notice that on 08/03/2023 at 2:00 p.m. a deposition by written questions will be taken of Custodian
of Records for:
FORT BEND COUNTY SHERIFF'S OFFICE
at the offices of Custodian of Records, or at another mutually agreeable place, date or time before a Notary
Public for RecordTrak, A Magna Legal Services company or its designated agent, which deposition with attached
questions may be used in evidence upon the trial of the above-styled and numbered cause pending in the above-named
court. Notice is further given that this request is hereby made as authorized under Rule 200 Texas Rules of Civil
Procedure, and to the officer taking this dep on to issue a subpoena duces tecum and cause it to be served on the
witness to produce any and all records as described on the attached questions and/or Exhibit(s) pertaining to:
MARTIN GOMEZ DOB: SS#
and to turn all such records over to the officer authorized to take this deposition so that photographic
reproductions of the same may be made and attached to said deposition.
Dated: July 14, 2023
Respectfully Submitted,
/s/ SCOTT ALEXANDER, Esq.
SCOTT ALEXANDER, Esq.
State Bar No. 00793247
CLARK HILL PLC
2615 Calder, Suite 240
Beaumont, TX 77702
Telephone: (409) 351-3800
Facsimile:
hsalexander @clarkhill.com
Attorney for Defendant(s)
I hereby certify that I caused a true and correct copy of the foregoing instrument to be served on all Counsel of Record by
hand delivery, electronic delivery, FAX, and/or certified mail, return receipt requested, on this day.
Dated: July 14, 2023
py teil’ Oy fomen—
Page 2
DEPOSITION SUBPOENA TO TESTIFY OR PRODUCE DOCUMENTS OR THINGS
THE STATE OF TEXAS
To any Sheriff or Constable of the State of Texas or other person authorized to serve subpoenas under RULE 176
OF TEXAS RULES OF CIVIL PROCEDURE - GREETINGS -
You are hereby commanded to subpoena and summon the following witness(es):
Custodian of Records for:
FORT BEND COUNTY SHERIFF’S OFFICE
301 JACKSON ST., STE 533
RICHMOND, TX 77469
to be and appear before a Notary Public for RecordTrak, A Magna Legal Services Co. or its designated agent, on 08/03/2023, at
2:00 p.m. CST at the office of the custodian for FORT BEND COUNTY SHERIFF'S OFFICE (or some other mutually agreeable
time and location) and there under oath to make answers of certain written questions to be propounded to the witness and to bring
and produce for inspection and photocopying.
Any and all investigative reports, incident reports, dispatch logs, audio recordings, video recordings, and any and all documentation
related to calls to 333 Rocky Falls Parkway in Richmond relating to residents Johnny Garcia and/or Martin Gomez.
MARTIN GOMEZ DOB: SSN:
at any and all times whatsoever, then and there to give evidence at the instance of the Defendant(s)
represented by SCOTT ALEXANDER, Esq., Attorney of Record, in that Certain Cause No. 22DCV291322, pending on
the docket of the DISTRICT Court of the 240th JUDICIAL DISTRICT of FORT BEND County, Texas and there remain
from day to day and time to time until discharged according to law.
This Subpoena is issued under and by virtue of Rule 200 of the Texas Rules of Civil Procedure and Notice of Deposition
Upon Written Questions on file with the above named court, styled
MARTIN GOMEZ
v.
MELLON ENTERPRISES
WITNESS MY HAND, on July 14, 2023
ne
Ty CHERYL L. CROMWELL
s Ss Notary Public, State of Texas
Comm. Expires 10-31-2024
Mii ‘HiOi fw Notary ID 5577164
SIGNATURE OF ISSUING OFFICER
CONTEMPT: FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A SUBPOENA
SERVED UPON THAT PERSON MAY BE DEEMED A CONTEMPT OF THE COURT FROM WHICH
THE SUBPOENA IS ISSUED OR A DISTRICT COURT IN THE COUNTY IN WHICH THE SUBPOENA
IS SERVED, AND MAY BE PUNISHED BY FINE OR CONFINEMENT, OR BOTH. TEX.R.CIV.P. 176.8(A).
CAUSE NO. 22DCV291322
MARTIN GOMEZ IN THE DISTRICT COURT
Plaintiff(s),
240th JUDICIAL DISTRICT
v.
MELLON ENTERPRISES FORT BEND COUNTY, TEXAS
Defendant(s).
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of Records for: FORT BEND COUNTY SHERIFF’S OFFICE
Records Pertaining To: MARTIN GOMEZ
DOB: SSN#:
Type of Records:
Any and all investigative reports, incident reports, dispatch logs, audio recordings, video recordings, and any and all
documentation related to calls to 333 Rocky Falls Parkway in Richmond relating to residents Johnny Garcia and/or Martin
Gomez.
1. Please state your full name, address, telephone number, occupations and official title.
ANSWER.
2 Tam the custodian for
(Please insert facility or practitioner name.)
3. Have you received a subpoena duces tecum for the production of those documents listed above?
ANSWER.
4. Are you among those who have possession, custody, control of, or access to the documents requested above?
ANSWER.
Were the records requested above made in the regular course of business?
ANSWER
In the regular course of business did the person who signed or otherwise prepared these records either have personal
knowledge of the entries on these records or obtain the information from sources who have such personal knowledge
to make such records?
ANSWER
State whether these records were made at the time or shortly after the time of the transactions recorded.
ANSWER
Were these records kept as described in the preceding questions?
ANSWER
Does the source of the information, and the method and circumstance of its preparation, establish the trustworthiness
of the records?
ANSWER
10 Please release exact duplicates of the records as requested in the subpoena duces tecum or the originals thereof for
photocopying for attachment to this deposition. Identify how many pages have been released. Have you done as
requested? If not, why not?
ANSWER
11 Are there any records, documents, papers, correspondence, or tangible matters of any kind pertaining to MARTIN
GOMEZ that you have NOT provided to the notary public taking your deposition?
ANSWER
12 Please describe all papers, documents, records, correspondence, or tangible matters of any kind that you have NOT
provided to the notary public taking your deposition and explain why you have NOT provided them.
ANSWER
13 Are you aware that it may be necessary to subpoena your or your employer to court at the time of the trial of this case,
if you have not provided to the notary public taking your deposition all papers, documents, records, correspondence,
or tangible matters of any kind pertaining to MARTIN GOMEZ?
ANSWER
WITNESS (Custodian of Records)
Before me, the undersigned authority, on this day personally appeared
, custodian of records for the above listed, known to me to be the person whose name is
subscribed to the foregoing instrument in the capacity therein stated, who being first duly sworn, stated upon his/her oath
that the answers to the foregoing questions are true and correct. I further certify that the records attached hereto are exact
duplicates of the original records.
SWORN TO AND SUBSCRIBED before me this day of 20
NOTARY PUBLIC
375525.110
Preview
CAUSE NO. 22DCV291322 MARTIN GOMEZ IN THE DISTRICT COURT Plaintiff(s), v. 240th JUDICIAL DISTRICT MELLON ENTERPRISES Defendant(s). FORT BEND COUNTY, TEXAS NOTICE OF SUBPOENA AND DEPOSITION BY WRITTEN QUESTIONS OF FORT BEND COUNTY SHERIFF’S OFFICE TO: All Parties of Record FORT BEND COUNTY SHERIFF'S OFFICE Custodian of Records, 301 JACKSON ST., STE 533, RICHMOND, TX 77469 Please take notice that on 08/03/2023 at 2:00 p.m. a deposition by written questions will be taken of Custodian of Records for: FORT BEND COUNTY SHERIFF'S OFFICE at the offices of Custodian of Records, or at another mutually agreeable place, date or time before a Notary Public for RecordTrak, A Magna Legal Services company or its designated agent, which deposition with attached questions may be used in evidence upon the trial of the above-styled and numbered cause pending in the above-named court. Notice is further given that this request is hereby made as authorized under Rule 200 Texas Rules of Civil Procedure, and to the officer taking this dep on to issue a subpoena duces tecum and cause it to be served on the witness to produce any and all records as described on the attached questions and/or Exhibit(s) pertaining to: MARTIN GOMEZ DOB: SS# and to turn all such records over to the officer authorized to take this deposition so that photographic reproductions of the same may be made and attached to said deposition. Dated: July 14, 2023 Respectfully Submitted, /s/ SCOTT ALEXANDER, Esq. SCOTT ALEXANDER, Esq. State Bar No. 00793247 CLARK HILL PLC 2615 Calder, Suite 240 Beaumont, TX 77702 Telephone: (409) 351-3800 Facsimile: hsalexander @clarkhill.com Attorney for Defendant(s) I hereby certify that I caused a true and correct copy of the foregoing instrument to be served on all Counsel of Record by hand delivery, electronic delivery, FAX, and/or certified mail, return receipt requested, on this day. Dated: July 14, 2023 py teil’ Oy fomen— Page 2 DEPOSITION SUBPOENA TO TESTIFY OR PRODUCE DOCUMENTS OR THINGS THE STATE OF TEXAS To any Sheriff or Constable of the State of Texas or other person authorized to serve subpoenas under RULE 176 OF TEXAS RULES OF CIVIL PROCEDURE - GREETINGS - You are hereby commanded to subpoena and summon the following witness(es): Custodian of Records for: FORT BEND COUNTY SHERIFF’S OFFICE 301 JACKSON ST., STE 533 RICHMOND, TX 77469 to be and appear before a Notary Public for RecordTrak, A Magna Legal Services Co. or its designated agent, on 08/03/2023, at 2:00 p.m. CST at the office of the custodian for FORT BEND COUNTY SHERIFF'S OFFICE (or some other mutually agreeable time and location) and there under oath to make answers of certain written questions to be propounded to the witness and to bring and produce for inspection and photocopying. Any and all investigative reports, incident reports, dispatch logs, audio recordings, video recordings, and any and all documentation related to calls to 333 Rocky Falls Parkway in Richmond relating to residents Johnny Garcia and/or Martin Gomez. MARTIN GOMEZ DOB: SSN: at any and all times whatsoever, then and there to give evidence at the instance of the Defendant(s) represented by SCOTT ALEXANDER, Esq., Attorney of Record, in that Certain Cause No. 22DCV291322, pending on the docket of the DISTRICT Court of the 240th JUDICIAL DISTRICT of FORT BEND County, Texas and there remain from day to day and time to time until discharged according to law. This Subpoena is issued under and by virtue of Rule 200 of the Texas Rules of Civil Procedure and Notice of Deposition Upon Written Questions on file with the above named court, styled MARTIN GOMEZ v. MELLON ENTERPRISES WITNESS MY HAND, on July 14, 2023 ne Ty CHERYL L. CROMWELL s Ss Notary Public, State of Texas Comm. Expires 10-31-2024 Mii ‘HiOi fw Notary ID 5577164 SIGNATURE OF ISSUING OFFICER CONTEMPT: FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A SUBPOENA SERVED UPON THAT PERSON MAY BE DEEMED A CONTEMPT OF THE COURT FROM WHICH THE SUBPOENA IS ISSUED OR A DISTRICT COURT IN THE COUNTY IN WHICH THE SUBPOENA IS SERVED, AND MAY BE PUNISHED BY FINE OR CONFINEMENT, OR BOTH. TEX.R.CIV.P. 176.8(A). CAUSE NO. 22DCV291322 MARTIN GOMEZ IN THE DISTRICT COURT Plaintiff(s), 240th JUDICIAL DISTRICT v. MELLON ENTERPRISES FORT BEND COUNTY, TEXAS Defendant(s). DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Records for: FORT BEND COUNTY SHERIFF’S OFFICE Records Pertaining To: MARTIN GOMEZ DOB: SSN#: Type of Records: Any and all investigative reports, incident reports, dispatch logs, audio recordings, video recordings, and any and all documentation related to calls to 333 Rocky Falls Parkway in Richmond relating to residents Johnny Garcia and/or Martin Gomez. 1. Please state your full name, address, telephone number, occupations and official title. ANSWER. 2 Tam the custodian for (Please insert facility or practitioner name.) 3. Have you received a subpoena duces tecum for the production of those documents listed above? ANSWER. 4. Are you among those who have possession, custody, control of, or access to the documents requested above? ANSWER. Were the records requested above made in the regular course of business? ANSWER In the regular course of business did the person who signed or otherwise prepared these records either have personal knowledge of the entries on these records or obtain the information from sources who have such personal knowledge to make such records? ANSWER State whether these records were made at the time or shortly after the time of the transactions recorded. ANSWER Were these records kept as described in the preceding questions? ANSWER Does the source of the information, and the method and circumstance of its preparation, establish the trustworthiness of the records? ANSWER 10 Please release exact duplicates of the records as requested in the subpoena duces tecum or the originals thereof for photocopying for attachment to this deposition. Identify how many pages have been released. Have you done as requested? If not, why not? ANSWER 11 Are there any records, documents, papers, correspondence, or tangible matters of any kind pertaining to MARTIN GOMEZ that you have NOT provided to the notary public taking your deposition? ANSWER 12 Please describe all papers, documents, records, correspondence, or tangible matters of any kind that you have NOT provided to the notary public taking your deposition and explain why you have NOT provided them. ANSWER 13 Are you aware that it may be necessary to subpoena your or your employer to court at the time of the trial of this case, if you have not provided to the notary public taking your deposition all papers, documents, records, correspondence, or tangible matters of any kind pertaining to MARTIN GOMEZ? ANSWER WITNESS (Custodian of Records) Before me, the undersigned authority, on this day personally appeared , custodian of records for the above listed, known to me to be the person whose name is subscribed to the foregoing instrument in the capacity therein stated, who being first duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. I further certify that the records attached hereto are exact duplicates of the original records. SWORN TO AND SUBSCRIBED before me this day of 20 NOTARY PUBLIC 375525.110