Preview
Case No. 18-12-16904
WOODFOREST NATIONAL BANK, ) IN THE DISTRICT COURT
) MONTGOMERY COUNTY, TEXAS
Plaintiff,
) 457™ JUDICIAL DISTRICT
v
TODD LURING LUFT
Defendants.
NOTICE OF SUBPOENA DUCES TECUM
To Debtor(s):
Todd Luring Luft
26 Solebrook Path
Tomball, Texas 77375
And
5606 Sandle Crest Court
Houston, Texas 77041
Defendant
Judgment Creditor Edgefield Holdings, LLC, by and through undersigned counsel has sent
a Subpoena Duces Tecum (for the production of documents) to UBS Financial Services Inc., a
copy is attached hereto as Exhibit A, pursuant to Rule 205.3. Document production is due on
January 12, 2023 at Feldman Law Group at 3050 Biscayne Blvd., Suite 904, Miami, FL 33137.
You have ten (10) days within service of this Notice to file an objection to the production
of documents requested with this Court.
Dated: November 28, 2022
FELDMAN LAW GROUP, P.A.
Page 1 of 2
By: /s/ Todd M. Feldman
Todd M. Feldman
3050 Biscayne Boulevard, Suite 904
Miami, Florida 33137
Telephone: (954) 815-4912
E-mail: todd@tfeldmanlaw.com
Texas Bar ID No.24093712
Attorneys for Edgefield Holdings, LLC
CERTIFICATION
I, the undersigned attorney, do hereby certify that on November 28, 2022, the foregoing
was served upon all parties having made an appearance in this case in accordance with Texas
Rules of Civil Procedure and via U.S. Mail on the following:
Todd Luring Luft
26 Solebrook Path
Tomball, Texas 77375
And
5606 Sandle Crest Court
Houston, Texas 77041
Defendant
/s/ Todd M. Feldman
Todd M. Feldman, Esq.
Page 2 of 2
Case No. 18-12-16904
WOODFOREST NATIONAL BANK,) IN THE DISTRICT COURT
) MONTGOMERY COUNTY, TEXAS
Plaintiff,
) 457" JUDICIAL DISTRICT
Vv. )
)
TODD LURING LUFT )
Defendants. )
/
SUBPOENA DUCES TECUM.
(FOR THE PRODUCTION OF DOCUMENTS)
THE STATE OF TEXAS
Party Issuing Subpoena: Edgefield Holdings, LLC
Party’s Attorney of Record: Todd M. Feldman
To: UBS Financial Services Inc., c/o its registered agent Corporation Service Company
211 East 7" Street, Ste. 620
Austin, Texas 78701
You are commanded to produce and permit inspection and copying on January 12, 2023 at
Feldman Law Group, P.A. at 3050 South Biscayne Blvd., Suite 904, Miami, FL 33137!, of the
following documents or tangible things in your possession, custody, or control:
See Attached Schedule A.
The matters on which examination is requested are: financial records. You are to designate one or
more persons to testify on your behalf as to matters known or reasonably available to you.
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
' Please contact Todd M. Feldman at todd@tfeldmanlaw.com or at 954-815-4912 to coordinate
the production of documents which may be mailed in to our office.
Page 1 of 8
Exhibit A
WHICH THE SUBPOENA IS SERVED, AND MAY BE PUNISHED BY FINE OR
CONFINEMENT, OR BOTH.
Date: November 28, 2022
/s/ Todd M. Feldman
Todd M. Feldman, Esq.
Return
I certify that I personally served with a copy of this subpoena
on at
By
Page 2 of 8
Schedule A
Plaintiff's Request for Production of Documents and Tangible Things
To: UBS Financial Services Inc.
Pursuant to rule 196 of the Texas Rules of Civil Procedure, you are requested to produce and
permit the inspection and copying of each of the items or categories of items identified in the
attached Exhibit A. You are to produce these items or categories of items on January 12, 2023 at
Feldman Law Group, 3050 Biscayne Blvd., Suite 904, Miami, FL 33137 or no later than thirty
days from the date you receive this request.” Please note that if, after you submit your responses
to these requests for production, you learn that any such response was either incomplete when
made, or, although complete and correct when made, it is no longer complete and correct, you
must amend or supplement your response reasonably promptly after you discover the necessity for
such a response. Any amended or supplemental response made less than thirty days before trial
will be presumed not to have been made reasonably promptly. A failure to make, amend, or
supplement a response in a timely manner may result in your not being able to introduce into
evidence the material or information not timely disclosed.
? Please contact Todd M. Feldman at todd@tfeldmanlaw.com or 954-815-4912 to coordinate the
production of documents which may be mailed in to our office.
Page 3 of 8
Definitions
“You” or “your” refers to UBS Financial Services Inc. your attorneys, accountants, bookkeepers,
agents, employees, and/or representatives.
“Defendant” means the following, Todd Luring Luft and all agents, employees, and other
persons acting on their behalf.
“Documents and tangible things” means the existence, description, nature, custody,
condition, location, and contents of papers, books, accounts, drawings, graphs, charts,
photographs, electronic or videotape recordings, data, and data compilations in your possession,
custody, or control or known to you or your counsel, whether printed, computerized, microfilmed,
reproduced by any other mechanical process or medium of expression, or written or produced by
hand and whether or not claimed to be privileged, confidential, or personal, including but not
limited to the final versions and all prior drafts of contracts; agreements; notes (including
secretarial notes); business records; notebooks; work notes; work papers; communications
(including intradepartmental communications and intercompany communications); facsimiles;
telecopies; telefaxes; electronic mail; correspondence; statements; reports; telegrams; agendas;
forms; memoranda; bulletins; appointment books; logs; messages; diaries; texts; manuals;
reference works and materials; samples of materials; depositions; analyses; projections; damage
projections; forecasts; statistical statements; financial records; reports; charts; brochures; purchase
orders; estimates; computer inputs and outputs; calculations; compilations of data; demonstrative
evidence (including physical models, sketches, charts, graphs, plans, drawings, etc.); journals;
billings; billing statements and records; receipts; invoices; data compilations; slides; sketches;
graphics; charts; movies; videotapes; photographs and the negatives thereof; summaries, records,
or minutes of meetings or conferences; expressions of statements of policy; lists of people
attending meetings or conferences; summaries, records, or reports of personal conversations or
Page 4 of 8
investigations; summaries, records, or reports of interviews; and all other writings, and any other
similar matter, now or formerly in your possession, custody, or control or that of your counsel or
of any other agent, representative, employee, bookkeeper, accountant, expert, or anyone else acting
on your behalf, and includes documents used to support any conclusions or opinions reached. Any
marginal comments appearing on any documents and any handwritten or other notations on any
copy of a document render it original, requiring production of it or a true copy of it with such
notations.
“Financial record” means, by way of example and without limitation, the original or true copies of
the following items, whether printed, computerized, recorded, or reproduced by any other
mechanical process or written or produced by hand: monthly unaudited statements and/or other
periodic income and profit and loss statements; periodic balance sheets; financial statements or
other statements regarding, relating to, or referring to your financial condition; federal and state
income tax returns; volume of sales records; sales tax records and returns; payroll tax records and
returns; cash disbursement journal(s); general ledger(s); receipts journal(s); accounts payable
journal(s); and accounts receivable journal(s). If you are a partnership or limited partnership the
phrase “financial record” also includes partnership agreement(s) and any amendments thereto and
forms K-1 provided to the partners. Any marginal comments appearing on any financial record
and any handwritten or other notations on any copy of a financial record render it original,
requiring production of it or a true copy of it with such notations.
“Relate to” means to name, refer to either directly or indirectly, comment on, analyze, review,
report on, form the basis of, be considered in the preparation of, result from, or have any logical
relation or relevance to the entity, person, document, event, or action pertaining to the subject
matter on which inquiry is made.
Page 5 of 8
“Knowledge” means not only the personal and present knowledge of the person inquired of, but
also the present knowledge of any officers, directors, agents, servants, employees, attorneys, and
representatives of the person inquired of and information available to them.
“Statement” is a written statement signed or otherwise adopted or approved by the person
making it or a stenographic, mechanical, electrical, or other type of recording, or any transcription
thereof that is a substantially verbatim recital of a statement made by the person and
contemporaneously recorded.
Instructions
If any document or response to these requests is withheld or objected to under a claim of attorney-
client privilege, under a claim of limitation on scope of discovery pursuant to rule 192.4 or 193 of
the Texas Rules of Civil Procedure, under a claim of work product pursuant to rule 192.5, under
any other qualified privilege, or for any other reason, you are instructed to identify each such
document with the following items:
1 the date of the document;
2. the author and addressee(s);
3 all persons indicated as recipients of copies;
4 all persons known to you to have received the document and/or information or to have
learned the substance of its contents;
5 the subject matter of the document and/or response; and.
6. the specific privilege or objection alleged to be applicable or other reason for its being
withheld or not answered.
If you or any of your attorneys, agents, or representatives at any time had possession or control of
a document requested and that document has been lost, destroyed, or purged or is not presently in
Page 6 of 8
your possession, custody, or control, identify the document and describe the circumstances
surrounding the loss, destruction, purge, or separation from your possession, custody, or control,
indicating the dates that those circumstances occurred.
If you allege that any request is in any manner ambiguous, you are instructed to describe in detail
the reasons for your allegations that the request is ambiguous, including but not limited to each
interpretation that you allege the specific request for discovery is subject to. Notwithstanding, you
are instructed to respond, to the best of your ability, to the request for production and produce the
documents requested.
If you object to any request, you are instructed to identify, with specificity, the specific procedural
tule(s) or substantive laws(s) on which you base your objection.
When producing documents and tangible things responsive to a request, you must either produce
them as they are kept in the usual course of business or organize and label them to correspond with
the categories in the request.
Exhibit A
Any and all documents in your possession, custody or control that relate or reflect or refer to:
1 Deposit accounts from and after January 1, 2015 maintained by You in which
a. Defendant is/was an owner
b Defendant is/was the principal
Cc. Defendant has/had signature authority.
d. Defendant exercises or exercised control.
¢. Defendant is/was a guarantor of indebtedness.
Please initially produce account statements only in response to specification one. Judgment
creditor will request specific items thereafter, if necessary.
Page 7 of 8
2. Loans by you under which any indebtedness was owed from and after January 1, 2015,
which loans were made to:
Judgment debtor,
Any individual or entity for which judgment debtor had signature
authority.
Any entity for which judgment debtor was a principal.
Any individual or entity for which judgment debtor exercised control.
Any individual or entity for which judgment debtor guaranteed
payment of the indebtedness.
Such documents including proof of the last 3 payments and all loan applications and
supporting documents, tax returns and other financial information.
Page 8 of 8
Preview
Case No. 18-12-16904 WOODFOREST NATIONAL BANK, ) IN THE DISTRICT COURT ) MONTGOMERY COUNTY, TEXAS Plaintiff, ) 457™ JUDICIAL DISTRICT v TODD LURING LUFT Defendants. NOTICE OF SUBPOENA DUCES TECUM To Debtor(s): Todd Luring Luft 26 Solebrook Path Tomball, Texas 77375 And 5606 Sandle Crest Court Houston, Texas 77041 Defendant Judgment Creditor Edgefield Holdings, LLC, by and through undersigned counsel has sent a Subpoena Duces Tecum (for the production of documents) to UBS Financial Services Inc., a copy is attached hereto as Exhibit A, pursuant to Rule 205.3. Document production is due on January 12, 2023 at Feldman Law Group at 3050 Biscayne Blvd., Suite 904, Miami, FL 33137. You have ten (10) days within service of this Notice to file an objection to the production of documents requested with this Court. Dated: November 28, 2022 FELDMAN LAW GROUP, P.A. Page 1 of 2 By: /s/ Todd M. Feldman Todd M. Feldman 3050 Biscayne Boulevard, Suite 904 Miami, Florida 33137 Telephone: (954) 815-4912 E-mail: todd@tfeldmanlaw.com Texas Bar ID No.24093712 Attorneys for Edgefield Holdings, LLC CERTIFICATION I, the undersigned attorney, do hereby certify that on November 28, 2022, the foregoing was served upon all parties having made an appearance in this case in accordance with Texas Rules of Civil Procedure and via U.S. Mail on the following: Todd Luring Luft 26 Solebrook Path Tomball, Texas 77375 And 5606 Sandle Crest Court Houston, Texas 77041 Defendant /s/ Todd M. Feldman Todd M. Feldman, Esq. Page 2 of 2 Case No. 18-12-16904 WOODFOREST NATIONAL BANK,) IN THE DISTRICT COURT ) MONTGOMERY COUNTY, TEXAS Plaintiff, ) 457" JUDICIAL DISTRICT Vv. ) ) TODD LURING LUFT ) Defendants. ) / SUBPOENA DUCES TECUM. (FOR THE PRODUCTION OF DOCUMENTS) THE STATE OF TEXAS Party Issuing Subpoena: Edgefield Holdings, LLC Party’s Attorney of Record: Todd M. Feldman To: UBS Financial Services Inc., c/o its registered agent Corporation Service Company 211 East 7" Street, Ste. 620 Austin, Texas 78701 You are commanded to produce and permit inspection and copying on January 12, 2023 at Feldman Law Group, P.A. at 3050 South Biscayne Blvd., Suite 904, Miami, FL 33137!, of the following documents or tangible things in your possession, custody, or control: See Attached Schedule A. The matters on which examination is requested are: financial records. You are to designate one or more persons to testify on your behalf as to matters known or reasonably available to you. 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 ' Please contact Todd M. Feldman at todd@tfeldmanlaw.com or at 954-815-4912 to coordinate the production of documents which may be mailed in to our office. Page 1 of 8 Exhibit A WHICH THE SUBPOENA IS SERVED, AND MAY BE PUNISHED BY FINE OR CONFINEMENT, OR BOTH. Date: November 28, 2022 /s/ Todd M. Feldman Todd M. Feldman, Esq. Return I certify that I personally served with a copy of this subpoena on at By Page 2 of 8 Schedule A Plaintiff's Request for Production of Documents and Tangible Things To: UBS Financial Services Inc. Pursuant to rule 196 of the Texas Rules of Civil Procedure, you are requested to produce and permit the inspection and copying of each of the items or categories of items identified in the attached Exhibit A. You are to produce these items or categories of items on January 12, 2023 at Feldman Law Group, 3050 Biscayne Blvd., Suite 904, Miami, FL 33137 or no later than thirty days from the date you receive this request.” Please note that if, after you submit your responses to these requests for production, you learn that any such response was either incomplete when made, or, although complete and correct when made, it is no longer complete and correct, you must amend or supplement your response reasonably promptly after you discover the necessity for such a response. Any amended or supplemental response made less than thirty days before trial will be presumed not to have been made reasonably promptly. A failure to make, amend, or supplement a response in a timely manner may result in your not being able to introduce into evidence the material or information not timely disclosed. ? Please contact Todd M. Feldman at todd@tfeldmanlaw.com or 954-815-4912 to coordinate the production of documents which may be mailed in to our office. Page 3 of 8 Definitions “You” or “your” refers to UBS Financial Services Inc. your attorneys, accountants, bookkeepers, agents, employees, and/or representatives. “Defendant” means the following, Todd Luring Luft and all agents, employees, and other persons acting on their behalf. “Documents and tangible things” means the existence, description, nature, custody, condition, location, and contents of papers, books, accounts, drawings, graphs, charts, photographs, electronic or videotape recordings, data, and data compilations in your possession, custody, or control or known to you or your counsel, whether printed, computerized, microfilmed, reproduced by any other mechanical process or medium of expression, or written or produced by hand and whether or not claimed to be privileged, confidential, or personal, including but not limited to the final versions and all prior drafts of contracts; agreements; notes (including secretarial notes); business records; notebooks; work notes; work papers; communications (including intradepartmental communications and intercompany communications); facsimiles; telecopies; telefaxes; electronic mail; correspondence; statements; reports; telegrams; agendas; forms; memoranda; bulletins; appointment books; logs; messages; diaries; texts; manuals; reference works and materials; samples of materials; depositions; analyses; projections; damage projections; forecasts; statistical statements; financial records; reports; charts; brochures; purchase orders; estimates; computer inputs and outputs; calculations; compilations of data; demonstrative evidence (including physical models, sketches, charts, graphs, plans, drawings, etc.); journals; billings; billing statements and records; receipts; invoices; data compilations; slides; sketches; graphics; charts; movies; videotapes; photographs and the negatives thereof; summaries, records, or minutes of meetings or conferences; expressions of statements of policy; lists of people attending meetings or conferences; summaries, records, or reports of personal conversations or Page 4 of 8 investigations; summaries, records, or reports of interviews; and all other writings, and any other similar matter, now or formerly in your possession, custody, or control or that of your counsel or of any other agent, representative, employee, bookkeeper, accountant, expert, or anyone else acting on your behalf, and includes documents used to support any conclusions or opinions reached. Any marginal comments appearing on any documents and any handwritten or other notations on any copy of a document render it original, requiring production of it or a true copy of it with such notations. “Financial record” means, by way of example and without limitation, the original or true copies of the following items, whether printed, computerized, recorded, or reproduced by any other mechanical process or written or produced by hand: monthly unaudited statements and/or other periodic income and profit and loss statements; periodic balance sheets; financial statements or other statements regarding, relating to, or referring to your financial condition; federal and state income tax returns; volume of sales records; sales tax records and returns; payroll tax records and returns; cash disbursement journal(s); general ledger(s); receipts journal(s); accounts payable journal(s); and accounts receivable journal(s). If you are a partnership or limited partnership the phrase “financial record” also includes partnership agreement(s) and any amendments thereto and forms K-1 provided to the partners. Any marginal comments appearing on any financial record and any handwritten or other notations on any copy of a financial record render it original, requiring production of it or a true copy of it with such notations. “Relate to” means to name, refer to either directly or indirectly, comment on, analyze, review, report on, form the basis of, be considered in the preparation of, result from, or have any logical relation or relevance to the entity, person, document, event, or action pertaining to the subject matter on which inquiry is made. Page 5 of 8 “Knowledge” means not only the personal and present knowledge of the person inquired of, but also the present knowledge of any officers, directors, agents, servants, employees, attorneys, and representatives of the person inquired of and information available to them. “Statement” is a written statement signed or otherwise adopted or approved by the person making it or a stenographic, mechanical, electrical, or other type of recording, or any transcription thereof that is a substantially verbatim recital of a statement made by the person and contemporaneously recorded. Instructions If any document or response to these requests is withheld or objected to under a claim of attorney- client privilege, under a claim of limitation on scope of discovery pursuant to rule 192.4 or 193 of the Texas Rules of Civil Procedure, under a claim of work product pursuant to rule 192.5, under any other qualified privilege, or for any other reason, you are instructed to identify each such document with the following items: 1 the date of the document; 2. the author and addressee(s); 3 all persons indicated as recipients of copies; 4 all persons known to you to have received the document and/or information or to have learned the substance of its contents; 5 the subject matter of the document and/or response; and. 6. the specific privilege or objection alleged to be applicable or other reason for its being withheld or not answered. If you or any of your attorneys, agents, or representatives at any time had possession or control of a document requested and that document has been lost, destroyed, or purged or is not presently in Page 6 of 8 your possession, custody, or control, identify the document and describe the circumstances surrounding the loss, destruction, purge, or separation from your possession, custody, or control, indicating the dates that those circumstances occurred. If you allege that any request is in any manner ambiguous, you are instructed to describe in detail the reasons for your allegations that the request is ambiguous, including but not limited to each interpretation that you allege the specific request for discovery is subject to. Notwithstanding, you are instructed to respond, to the best of your ability, to the request for production and produce the documents requested. If you object to any request, you are instructed to identify, with specificity, the specific procedural tule(s) or substantive laws(s) on which you base your objection. When producing documents and tangible things responsive to a request, you must either produce them as they are kept in the usual course of business or organize and label them to correspond with the categories in the request. Exhibit A Any and all documents in your possession, custody or control that relate or reflect or refer to: 1 Deposit accounts from and after January 1, 2015 maintained by You in which a. Defendant is/was an owner b Defendant is/was the principal Cc. Defendant has/had signature authority. d. Defendant exercises or exercised control. ¢. Defendant is/was a guarantor of indebtedness. Please initially produce account statements only in response to specification one. Judgment creditor will request specific items thereafter, if necessary. Page 7 of 8 2. Loans by you under which any indebtedness was owed from and after January 1, 2015, which loans were made to: Judgment debtor, Any individual or entity for which judgment debtor had signature authority. Any entity for which judgment debtor was a principal. Any individual or entity for which judgment debtor exercised control. Any individual or entity for which judgment debtor guaranteed payment of the indebtedness. Such documents including proof of the last 3 payments and all loan applications and supporting documents, tax returns and other financial information. Page 8 of 8