Party Discovery: RIVER OAKS PROPERTY OWNERS INC vs. BARBOUTI, HAIDAR

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                                INC.




                                              §           HARRIS COUNTY, TEXAS


 HAIDAR BARBOUTI,


                                                              JUDICIAL DISTRICT




                                                HE DEPOSITION OF RIVER OAKS



TO THE HONORABLE JUDGE JERALYNN MANOR:

        Intervenor Mark Shinder (“Shinder”) files this Motion to Quash and Motion for

Protection and would respectfu


                                 UASH AND

        “A person from whom discovery is sought, and any other person affected by the

discovery request, may move within the time permitted for response to the discovery

request for an order protecting that person from the discovery sought.” Tex. R. Civ. P.

192.6(a).   Moreover, “a party may object to the time and place designated for an oral

deposition by motion for protective order or by motion to quash the notice of deposition.”
       On August 16, 2023, Defendant 2300 River Oaks, Inc., (“Defendant”) issued a

notice of deposition for Plaintiff River Oaks Property Owners, Inc.’s Corporate

Representative for Friday, August 25, 2023 at 10:00 a.m. as well as Melinda Lee’s

deposition for the same time. (             Notice of Deposition of ROPOs Corporate



       Prior to that and after this Court Ordered the deposition of Aysar Barbouti, on

August 10, 2023, Intervenor Mark Shinder issued a notice of deposition for Aysar

Barbouti for August 25, 2023 at 9:30 a.m. (       Notice of Deposition of Aysar Barbouti;



       Despite multiple requests for Aysar Barbouti’s deposition following the Court’s

Order, Defendant astoundingly refuses to comply with this Court’s Order. (            Order

Compelling Deposition of Aysar Barbouti; Ex. D); (        Mahendru Emails; Ex. E and F).

It is clear that Defendant will continue to utterly disregard this Court’s Orders, whether to

produce Aysar Barbouti or produce the additional declaration of Phillipe Meyer in

response to the motion to show authority.

       Because Aysar Barbouti’s deposition was set before any deposition notice for

ROPO’s corporate representative, this Court must quash the deposition. The parties can

certainly take Aysar Barbouti later in the day on August 25 following the conclusion of

the ROPO corporate representative deposition, but as the Court can see from the

correspondence above, Defendant refuses to provide any information on rescheduling

Aysar Barbouti’s deposition.

       For this reason, this Court must quash the ROPO corporate repre
deposition.

                                              II.
                                          ONCLUSION

        Intervenor respectfully requests that the Court grant its motion for protection and

motion to quash. Because this motion to quash is served within three days of the service

of the notice, River Oaks Property Owners, Inc’s corporate representative’s deposition is

automatically stayed. Tex. R. Civ. P. 199.6. Intervenor further requests all such other

and further relief to which he is entitled at law or in equity.

Dated: August 17, 2023                      Respectfully submitted,

                                            MAHENDRU, P.C.




                                            By:
                                                    Ashish Mahendru
                                                    State Bar No.
                                                    Darren A. Braun
                                                    State Bar No.

                                                    Houston, Texas
                                                    Tele
                                                    Facsimile:
                                                    amahendru@thelitigati
                                                    dbraun@thelitigationgr
                           CERTIFICATE OF SERVICE

      I hereby certify that a true and correct copy of the foregoing instrument has been
served on all counsel of record on this the 17th day of August, 2023 under the Texas




                                                      Ashish Mahendru