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NO. 20-03-04145
ROBERT SULZBACH, AND IN THE
SANDRA SULZBACH,
PLAINTIFFS,
JAMERA CUSTOM HOMES, INC., AND §
STRUCSURE HOME WARRANTY, LLC, §
DEFENDANTS
CONRADO RAMIREZ; J DOMINGO § JUDICIAL DISTRICT COURT
LOPEZJRI AIR INSTALL GERARDO §
LOPEZJOEL VILLARREAL , JOSE J §
GARCIAJOSE LORETO HUERTA , §
ALEJANDRO HERNANDEZEL TIGRE §
CARPETMACARIO DE LEON §
METRO LIVING STUDIOS
THIRDPARTY DEFENDANTS. § OF MONTGOMERY COUNTY, TEXAS
PLAINTIFFS’ SECONDSET OF REQUESTS FOR PRODUCTION TO DEFENDANT
JAMERA CUSTOM HOMES INC.
To:Jamera Custom Homes Inc.., through their attorney of record Cynthia Pertile Tarle,
@CPTarle@TarleLaw.com
Pursuant to Texas Rule of Civil Procedure, you are to respond to the Request for Production
of Documents hereinafter set forth and produce the documents requested, and pursuant to Rule
196 of the Texas Rules of Civil Procedure, you are to produce and make available for inspection
and copying by Choate & Associates, the documents requested herein on at some time and place
as may be agreed upon between the undersigned attorney and your attorney.
Respectfully submitted,
CHOATE & ASSOCIATES
awrence Chang
State Bar No. 24072892
13010 N. US 183 #204
Austin, Texas 78750
Telephone: (512) 297-9124
Facsimile: (512) 330-0286
RTIFICATE OF SERVICE
y my signature above I hereby certify that a true and correct copy of the foregoing instrument
has been efiled and served to all parties through the Court’s ECF system on March 29, 202, as
required by the Texas Rules of Civil Procedure.
INSTRUCTIONS
Requests For Production
In connection with the Requests propounded herein, you are directed to answer in accordance
with the following instructions:
All information is to be divulged which is within your knowledge, possession or
control, or within the knowledge, possession or control of your attorneys, agents, or
other representatives.
Space has been provided for your response to each request. If this space is
insufficient, attach an addendum with appropriate designations.
All answers must be made separately and fully. An incomplete or evasive answer
will be construed as a failure to answer.
If you do not respond to any request because of any claim of privilege, set forth the
privilege claimed, the facts upon which you rely to support the claim of privilege, and
identify all documents for which such privilege is claimed.
If you do not respond to any request because you claim further discovery must be
conducted, designate the discovery which must be completed and the facts which you
hope to ascertain.
You are required to supplement these responses as provided by Rule 193.5 of the
Texas Rules of Civil Procedure.
II.
DEFINITIONS
As used herein:
"Plaintiffs" means Plaintiffs, Robert Sulzbach and Sandra Sulzbach
2. "Jamera” means Jamera Custom Homes Inc.
3. "The Property" means 27684 Rio Blanco Dr., Splendora, TX 77372
4. “You” or Your means Jamera Custom Homes, Inc.
5. “Strucsure” means Defendant, Strucsure Home Warranty LLC.
Your Third Party Petition means fendant/Thir Party Plaintiff Jamera Custom
mes Inc s Original Third Party Petition filed on January 1
Third Party Defendants means Conrado Ramirez, J. Domingo Lopez, JRI Air install,
Gerardo Lopez, Joel Villareal, Jose J Garcia, Jose Loret uerta, A ejandro Hernandez,
El Tigre Carpet, Macario de Leon, and Metro Living Studios.
"Document" and "Documents" shall be used in the broadest sense and shall mean and
include all written, printed, typed, recorded or graphic matter of every kind and
description, both originals and copies of all attachments and appendices thereto. Without
limiting the foregoing, the term "document" and "documents" shall include all
agreements, contracts, communications, correspondence, letters, telegrams, telexes,
messages, memoranda, records, reports, books, summaries or other records of telephone
conversations or interviews, summaries or other records of personal conversations,
summaries or other records of negotiations, other summaries, diaries, diary entries,
calendars, appointment books, time records, instructions, work assignments, visitor
records, forecasts, statistical data, statistical statements, financial statements, worksheets,
work papers, drafts, graphs, maps, charts, tables, accounts, analytical records, consultants'
reports, appraisals, bulletins, brochures, pamphlets, circulars, trade letters, press releases,
notes, notices, margin rotations, notebooks, telephone bills, or records, bills, statements,
records of obligations and expenditures, invoices, lists, journals, advertising,
recommendations, files, printouts, compilations, tabulations, purchase orders, receipts,
sell orders, confirmations, checks, canceled checks, letters of credit, envelopes or folders
or similar containers, vouchers, analyses, studies, surveys, transcripts of hearings,
transcripts of testimony, expense reports, microfilm, microfiche, articles, speeches, tape
or disk recordings, sound recordings, video recordings, film, photographs, punch cards,
programs, data compilations from which information can be obtained (including matter
used in data processing) and other printed, written, handwritten, typewritten, recorded,
stenographic, computer generated, computer stored, or electronically stored matter,
including e mail, however and by whomever produced, prepared, reproduced,
disseminated, or made. The term "document" and "documents" shall include all copies of
documents by whatever means made, except that where a document is identified or
produced identical copies thereof which do not contain any markings, additions, or
deletions different from the original need not be separately produced. "Document" and
"Documents" mean and include all matter within the foregoing description that are in
your possession, control or custody of any attorney for you or the existence of which you
are aware and that you have access. Without limiting the term "Control," a document is
deemed within your control if you have ownership, possession, or custody of the
document, or the right to secure the document or a copy thereof from any person or
public or private entity having physical possession thereof.
"Communication" shall mean and include any transmission or exchange of
information between two or more persons, whether orally or in writing, including without
limitation, any conversation or discussion face face or by means of a letter, note,
memorandum, telephone, telegraph, telex, telecopier, cable, or some other electronic or
other medium whether by chance or prearranged, formal or informal.
SECONDREQUEST FOR PRODUCTION
REQUEST FOR PRODUCTION NO.1
Any and all documents,including contrac ts and invoices, related to ilding a pad
underthe foundation of the Property.
RESPONSE:
REQUEST FOR PRODUCTION NO.
greement containing the indemnity provision ref erred to in Your Third Party
Petitionbetween You and the Third Party Defendants.
RESPONSE:
REQUEST FOR PRODUCTION NO.
The primary and excess liability insurance policies provided to You by the Tird Party
Defendants referred to in Your Third PartyPetition
RESPONSE:
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NO. 20-03-04145 ROBERT SULZBACH, AND IN THE SANDRA SULZBACH, PLAINTIFFS, JAMERA CUSTOM HOMES, INC., AND § STRUCSURE HOME WARRANTY, LLC, § DEFENDANTS CONRADO RAMIREZ; J DOMINGO § JUDICIAL DISTRICT COURT LOPEZJRI AIR INSTALL GERARDO § LOPEZJOEL VILLARREAL , JOSE J § GARCIAJOSE LORETO HUERTA , § ALEJANDRO HERNANDEZEL TIGRE § CARPETMACARIO DE LEON § METRO LIVING STUDIOS THIRDPARTY DEFENDANTS. § OF MONTGOMERY COUNTY, TEXAS PLAINTIFFS’ SECONDSET OF REQUESTS FOR PRODUCTION TO DEFENDANT JAMERA CUSTOM HOMES INC. To:Jamera Custom Homes Inc.., through their attorney of record Cynthia Pertile Tarle, @CPTarle@TarleLaw.com Pursuant to Texas Rule of Civil Procedure, you are to respond to the Request for Production of Documents hereinafter set forth and produce the documents requested, and pursuant to Rule 196 of the Texas Rules of Civil Procedure, you are to produce and make available for inspection and copying by Choate & Associates, the documents requested herein on at some time and place as may be agreed upon between the undersigned attorney and your attorney. Respectfully submitted, CHOATE & ASSOCIATES awrence Chang State Bar No. 24072892 13010 N. US 183 #204 Austin, Texas 78750 Telephone: (512) 297-9124 Facsimile: (512) 330-0286 RTIFICATE OF SERVICE y my signature above I hereby certify that a true and correct copy of the foregoing instrument has been efiled and served to all parties through the Court’s ECF system on March 29, 202, as required by the Texas Rules of Civil Procedure. INSTRUCTIONS Requests For Production In connection with the Requests propounded herein, you are directed to answer in accordance with the following instructions: All information is to be divulged which is within your knowledge, possession or control, or within the knowledge, possession or control of your attorneys, agents, or other representatives. Space has been provided for your response to each request. If this space is insufficient, attach an addendum with appropriate designations. All answers must be made separately and fully. An incomplete or evasive answer will be construed as a failure to answer. If you do not respond to any request because of any claim of privilege, set forth the privilege claimed, the facts upon which you rely to support the claim of privilege, and identify all documents for which such privilege is claimed. If you do not respond to any request because you claim further discovery must be conducted, designate the discovery which must be completed and the facts which you hope to ascertain. You are required to supplement these responses as provided by Rule 193.5 of the Texas Rules of Civil Procedure. II. DEFINITIONS As used herein: "Plaintiffs" means Plaintiffs, Robert Sulzbach and Sandra Sulzbach 2. "Jamera” means Jamera Custom Homes Inc. 3. "The Property" means 27684 Rio Blanco Dr., Splendora, TX 77372 4. “You” or Your means Jamera Custom Homes, Inc. 5. “Strucsure” means Defendant, Strucsure Home Warranty LLC. Your Third Party Petition means fendant/Thir Party Plaintiff Jamera Custom mes Inc s Original Third Party Petition filed on January 1 Third Party Defendants means Conrado Ramirez, J. Domingo Lopez, JRI Air install, Gerardo Lopez, Joel Villareal, Jose J Garcia, Jose Loret uerta, A ejandro Hernandez, El Tigre Carpet, Macario de Leon, and Metro Living Studios. "Document" and "Documents" shall be used in the broadest sense and shall mean and include all written, printed, typed, recorded or graphic matter of every kind and description, both originals and copies of all attachments and appendices thereto. Without limiting the foregoing, the term "document" and "documents" shall include all agreements, contracts, communications, correspondence, letters, telegrams, telexes, messages, memoranda, records, reports, books, summaries or other records of telephone conversations or interviews, summaries or other records of personal conversations, summaries or other records of negotiations, other summaries, diaries, diary entries, calendars, appointment books, time records, instructions, work assignments, visitor records, forecasts, statistical data, statistical statements, financial statements, worksheets, work papers, drafts, graphs, maps, charts, tables, accounts, analytical records, consultants' reports, appraisals, bulletins, brochures, pamphlets, circulars, trade letters, press releases, notes, notices, margin rotations, notebooks, telephone bills, or records, bills, statements, records of obligations and expenditures, invoices, lists, journals, advertising, recommendations, files, printouts, compilations, tabulations, purchase orders, receipts, sell orders, confirmations, checks, canceled checks, letters of credit, envelopes or folders or similar containers, vouchers, analyses, studies, surveys, transcripts of hearings, transcripts of testimony, expense reports, microfilm, microfiche, articles, speeches, tape or disk recordings, sound recordings, video recordings, film, photographs, punch cards, programs, data compilations from which information can be obtained (including matter used in data processing) and other printed, written, handwritten, typewritten, recorded, stenographic, computer generated, computer stored, or electronically stored matter, including e mail, however and by whomever produced, prepared, reproduced, disseminated, or made. The term "document" and "documents" shall include all copies of documents by whatever means made, except that where a document is identified or produced identical copies thereof which do not contain any markings, additions, or deletions different from the original need not be separately produced. "Document" and "Documents" mean and include all matter within the foregoing description that are in your possession, control or custody of any attorney for you or the existence of which you are aware and that you have access. Without limiting the term "Control," a document is deemed within your control if you have ownership, possession, or custody of the document, or the right to secure the document or a copy thereof from any person or public or private entity having physical possession thereof. "Communication" shall mean and include any transmission or exchange of information between two or more persons, whether orally or in writing, including without limitation, any conversation or discussion face face or by means of a letter, note, memorandum, telephone, telegraph, telex, telecopier, cable, or some other electronic or other medium whether by chance or prearranged, formal or informal. SECONDREQUEST FOR PRODUCTION REQUEST FOR PRODUCTION NO.1 Any and all documents,including contrac ts and invoices, related to ilding a pad underthe foundation of the Property. RESPONSE: REQUEST FOR PRODUCTION NO. greement containing the indemnity provision ref erred to in Your Third Party Petitionbetween You and the Third Party Defendants. RESPONSE: REQUEST FOR PRODUCTION NO. The primary and excess liability insurance policies provided to You by the Tird Party Defendants referred to in Your Third PartyPetition RESPONSE: