Party Discovery: MUSEUM TOWER, LP vs. AUSTIN BUILDING COMPANY

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                FILED
                                                                                                                                            DALLAS COUNTY
                                                                                                                                            8/23/2019 3:52   PM
                                                                                                                                               FELICIA PITRE
                                                                                                                                            DISTRICT CLERK
                                                                                                                                      CAROLYN SELLERS

                                          CAUSE NO. DC-l 8—02358

MUSEUIVI TOWER, LP                                                                            IN   THE DISTRICT COURT

         Plaintzfl


V.



AUSTIN BUILDING COMPANY
                                                         mmtmmwommcmtmmwommcmtm




                                                                                              162M JUDICIAL DISTRICT
         Defendant and Third Party Plaintifi

V.



EGR CONSTRUCTION,               INC.

          Third Party Defendant                                                               DALLAS COUNTY, TEXAS

                THIRD PARTY DEFENDANT EGR CONSTRUCTION, INC.’S
                       NOTICE OF SUBPOENA DUCES TECUM

T0:       Thompson Woodworks, 1100 N. Seven             Points B1Vd.,                          Kemp, Texas 75143.

          Please take notice that, under Texas Rules of Civil Procedure 205.3,                                     EGR   Construction,


Inc.   (“EGR”) intends to subpoena from you the documents in the attached Exhibit A t0 be produced

on September     11,   2019,   at   3710 Rawlins   Street, Suite 1420, Dallas,                              Texas, 75219.   You   Will be


served with a subpoena after ten days from the date of service 0f this notice.


                                                                                  Respectfully submitted,


                                                                                  PHILLIPS          MURRAH P.C.
                                                                                  By:    /S/ Fred A. Leibrock
                                                                                  Fred A. Liebrock
                                                                                  State   Bar N0. 24063 145
                                                                                  faleibrock@phillipsmurrah.com
                                                                                  101 N. Robinson
                                                                                  Oklahoma         City,   OK 73 102
                                                                                  Telephone: (405) 235-4100
                                                                                  Facsimile: (405) 235-4 1 33




EGR CONSTRUCTION’S NOTICE 0F SUBPOENA DUCES TECUM 7 PAGE                                  1
                                           CERTIFICATE OF SERVICE

            This   is t0 certify             and correct copy of the foregoing instrument has been served
                                   that a true
on   all   counsel of record in      accordance With the Texas Rules of Civil Procedure on the 23rd day of
August, 20 1 9.


                                                 /s/ Fred A.   Leibrock
                                                 Fred A. Leibrock




EGR CONSTRUCTION’S NOTICE 0F SUBPOENA DUCES TECUM — PAGE 2
                                                Exhibit   A
To   the extent not protected as attorney—work product 0r     by   attorney—client privilege:


     1.       Your complete file regarding work done 0n Museum Tower;
              Any and all communications between you or your subcontractors and any other contractor
              or subcontractor regarding the Museum Tower proj ect;
              Any and all communications between you and any representative, agent, or employee 0f
              Museum Tower regarding the Museum Tower proj ect;
              A11 invoices related to your work 0r your subcontractors’ work on Museum Tower;
              A11 documents evidencing amounts spent 0n cabinetry materials for use in Museum Tower;
              Reports 0f costs 0r expenditures related to your work or your subcontractors’ work 0n
              Museum Tower;
          Communications between you or your subcontractors and any owner 0r tenant 0f Museum
          Tower;
     woo
          A11 proposals relating t0 your work or your subcontractors” work on Museum Tower;
          A11 contracts relating to your work 0r your subcontractors’ work 0n Museum Tower;
         .All documents reflecting warranty work performed by you 0r your subcontractors on
          Museum Tower;
     11 A11 communications and documents relating t0 any damage caused t0 Museum Tower by
          .




          you 0r your subcontractors.




EGR CONSTRUCTION’S NOTICE 0F SUBPOENA DUCES TECUM — PAGE 3