Preview
FILED
DALLAS COUNTY
9/6/2019 2:19 PM
FELICIA PITRE
DISTRICT CLERK
CAUSE N0. DC-18—02358
NO. DC-18-02358 Daniel Macias
MUSEUM TOWER
MUSEUM TOWER § IN THE COURT
THE DISTRICT COURT
§
§
Plaintiff(s),
Plaintiff(s), §
VS. § JUDICIAL DISTRICT
162ND JUDICIAL DISTRICT
§
COMPANY
AUSTIN BUILDING COMPANY §
§
Dcfcndant(s).
Defendant(s). § DALLAS COUNTY, TEXAS
PROOF OF
PROOF OF SERVICE OF SUBPOENA
0F SUBPOENA
Came toto hand on Tuesday, Septembers,
September 3, 2019 at
at 3:28 PM,
Executed at:
at: 3620 N. JOSEY LANE, 116, 116, CARROLLTON, TX 75007
within
within the
the county
county ofofDENTON
DENTON at at 4:00
4:00 PM, on Tuesday, Septembers,
September 3, 2019,
by delivering
by delivering tolo the
the within named:
GROUP INC.
KPA GROUP
KPA
By delivering
delivering to
to its
its Custodian of Records, LINDA BEZNER
And tendered
tendered a $1.00
$1.00 Witness Fee,
Fee, in
in cash,
cash, which was accepted.
accepted.
By:
Steven
StevenJ.1. TrenU
Tren - PSCt9f2
Ps INE • Exp
Exp 4/30/21
43072-1
served@speclalHcHvery.com
scrvcd@spccia¥fld£cry. com
Sub^rlbcd
Suwibcd and Sworn to by Steven
to by Steven J.
J. Treni,
Trcni, Before
Before Me,
Me, the
the undersigned
undersigned authority,
authority, on
on this
this
day of September, 2019.
GREG BENEFIELD
gregbenefield
Notary Public
Notary Public
hhe in State
tatc of Texas
STATE OF TEXAS
STATE
^ IO#110275S-7
ID#1102758— 7 .
My Comm.
Co mmExExd. Dec.
Dec. 27.202t
27 2021 I l
THE STATE OF
THE 0F TEXAS
SUBPOENA FOR
SUBPOENA FOR PRODUCTION
PRODUCTION OF DOCUMENTS
OF DOCUMENTS
PURSUANT TO TEXAS RULES OF PROCEDURE 176
0F CIVIL PROCEDURE I76
CAUSENO.
CAUSE N0. DC-18-02358
DC-l8-02358 IN
IN THE 162nd
l62nd JUDICIAL DISTRICT COURT
0F DALLAS COUNTY, TEXAS
OF
Museum Tower vs.
vs. Austin
Austin Building Comnanv
gomganx
PlalntllT
Plaintiff Defendant
TO ANY
TO 0R CONSTABLE
ANY SHERIFF OR 0F THE
CONSTABLE OF 0F TEXAS
THE STATE OF OR OTHER
TEXAS OR OTHER PERSON
PERSON
TO SERVE AND
AUTHORIZED TO AND EXECUTE SUBPOENAS AS PROVIDED IN TEX. R,
R. CIV. P.
P. 176.5.
176.5.
YOU ARE COMMANDED TO SUMMON KPA KPA Group Inc.,
lnc., who may be be found
found atat 3620 N.
N. Josey
Josey Lane
Lane
116,Carrollton,Texas
ll6. Carrollton. Texas 75007,
75007. to produce documents
to produce documents to be used
to be used as
as evidence
evidence in
in this
this case
case to
to the
the following
following address:3710
address: 3710
Rawllns
Rawlins Street,
Street. Suite
Suite 1420,
I420, Dallas,
Dallas. Texas,
Texas. 75219,
75219. on or before September II,
or before II, 2019.
2019. Production
Production shall
shall be
be
accomplished
accomplished either by: (I)
either by: (l) mailingthe
mailing the documents
documents so
so that
that theyare
they are received
received at
at the
the addressspecifiedaboveon
address specified above on or or before
before
September5,2019;
September 5, 20l9; oror (2)
(2) appearing
appearing atat the
the address
address specifiedabove
specified above on on September
September 5,2019
S, 20 9 at
l at 9:00
9:00 A.M.
A.M. to
to produceand
produce and
permit inspectionand
permit copying of
inspection and copying the documents.
oflhe documents.
All
All documents
documcms in
in the
the foliowing
following categories
categories and
and created
created on
on or
or after
afier January
January 1,2017
l. 2017 must be produced:
must be produced:
1. Your compiete
5"?"
complete files
files regarding
regarding work done onon Museum units 202,601,902,1002,1502
Museum Tower units 202, 601 902, 1002. l502 and
, and 2202;
2202;
2. Any
Any and
and all
all communications between you
communications between you or
or your
your subcontractors
subcontractors and
and any
any other
a:her contractor
contractor or
or subcontractor
subcontractor
regarding
regarding Museum Tower units units 202,601,902,1002,1502
202, 60l, 902. 1002, 1502 and
and 2202;
2202;
3.
3. Any and all
all communications between
between you
you and
and any
any representative,
representative, agent,
agent, or employee of Museum
Museum Tower
regarding
regarding the
the Museum Tower unitsunits 202,601,902,1002,1502
202, 601. 902, 1002, 1502 and 2202;
2202;
4.
4. All
All invoices
invoices related
related to
to your
your work
work or
or your
your subcontractors'
subcontractors‘ work
work on
on Museum
Museum Tower units
units 202,601,902,1002,
202, 601 902, l002,
,
1502 and 2202;
5.
5. All
All documents
documents evidencing
evidencing amounts
amounts spent
spent on
on cabinetry
cabinetry materials
materials for
for use
use in
in Museum
Museum Tower units
units 202,601,
202, 601 .
902,1002,
902. |002. 1502
l502 and
and 2202;
6.
6. Reports
Reports of
of costs
costs or
or expenditures
expenditures related
related to
to your
your work or
or your
your subcontractors'
subcontractors’ work on Museum
Museum Tower
Tower units
units
202,601,902,
202. 60!. 902. 1002,1502
1002, 1502 and
and 2202;
7.
7. Communications between you
Communications between you or
or your
your subcontractorsand
subcontractors and any
any owner or
or tenant
tenant of Museum
Museum Tower regarding
regarding
units
units 202,601,902,1002,
202. 601, 902. 1002. 1502 and 2202;
8.
8. All proposals relating
All proposals relating to
to your
your work or
or your
your subcontractors'
subcontractors' work on Museum
Museum Tower units
units 202,
202, 601,
60l. 902,
902.
1002,
1002, 1502 and 2202;
2202;
9.
9. All
All contracts
contracts relating
relating to
to your
your work
work or
or your
your subcontractors'
subcontractors’ work
work on Museum
Museum Tower units
units 202,
202, 601,
601, 902,
902,
1002,1502
1002, 1502 and
and 2202;
10.
IO. All
All documents
documents reflecting
reflecting warranty
warranty work performed by
work performed by you
you or
or your
your subcontractors
subcontractors on Museum Tower units
Tower units
202,601,902,
202. 601. 902. 1002,1502
1002. l502 and 2202;
You
You need
need not produce any
not produce any documents that
that have already been produced
already been produced in
in this
this litigation.
litigation.
Duties
Duties of
of Person
Person Served with
with Subpoena. You You are
are advised
advised that
that under
under Texas
Texas Rule
Rule of Civil
Civil Procedure 176,a person
I76, a person
served
served with
with a
a subpoenahas
subpoena has certain
certain rights
rights and
and obligations.
obligations. Rule
Rule 176.6providesthe
176.6 provides the following:
following:
(a)
(a) Compliance
Compliance required.
required. Except
Except as provided in
as provided in thissubdivision,
this subdivision. a person served
a person sewed with
with a
a subpoena
subpoena must
must comply
comply with
with
the
the command stated
stated therein
therein unless
unless discharged
discharged byby the
the court
court or
or by
by the
the party
party summoning such
such witness.
witness. A person
person
commanded to to appear
appear and
and give
give testimony
testimony must
must remain
remain at
at the
the place
place of deposition,
deposition, hearing,
hearing, or trial
trial from
from day to
to day
until
until discharged by the
discharged by the court
court or by the
or by party summoning the
the party the witness.
witness.
(b)
(b) Organizations.
Organizations. If
If a
a subpoena
subpoena commanding testimony
testimony isis directed
directed to
to a
a corporation, partnership, association,
corporation, partnership, association,
governmental
govemmemal agency,
agency. or
or otherorganization,
other organization. and
and the
the matters
matters on
on which
which examination
examination is
is requested
requested are
are described
described with
with
reasonable particularity, the
reasonable particularity, the organization
organization must
must designate
designate one
one or
or more
more persons
persons to
to testify
testify on
on its behaif as
its behalf as to
to matters
matters
known or
or reasonabiy
reasonably available
available to
to the
the organization.
organization.
(c)
(c) Production
Production of documents or
ofdocuments or tangible
tangible things.
things. A person
person commanded
commanded to produce documents
to produce documents or or tangible
tangible things
things need
need
not
not appear
appear in person at
in person at the
the time
time and place of
and place production unless
of production unless the person is
the person is also
also commanded to to attend
attend and
and give
give
testimony,
testimony, either
either in
in the
the same
same subpoenaor
subpoena or aa separate
separate one.
one. A person
person must produce documents
must produce documents as as they
they are
are kept
kept in
in the
the
usual
usual courseof businessor
course of business or must
must organize
organize and
and label
label them
them to
to correspond
correspond with
with the
the categories
categories in
in the
the demand.
demand. A person
A person
may
may withhold
withhold material
material oror information
information claimed
claimed to be privileged
to be privileged but
but must
must comply
comply with
with Rule
Rule 193.3.
I933. A A nonparty's
nonparty's
production of
production of aa document
document authenticates
authenticates the
the doeument
document for
for use
use against
against the
the nonparty
nonparty toto the
the same
same extent
extent as
as a party's
a party’s
production of
production ofa a document is is authenticated
authenticated for
for use
use againstthe party under
against the party under Rule
Rule 193.7.
193.7.
(d)
(d) Objections.
Objections. A person
person commandedto produceand
commanded to produce permitinspection
and permit inspection or
or copyingof designateddocuments
copying ofdcsignaled documents and
and things
things
may serve
serve on
on the party requesting
the party requesting Issuance
issuance ofof the
the subpoena—before
subpoena—before the the time
lime specified
specified for
for compliance—written
compliance—written
objectionsto producing any
objections to producing any or all of
or all of the
the designated
designated materials.
materials. A person
person need
need not
not comply
comply with
with the part of
the part of a
a subpoena
subpoena
to
to which
which objection
objection is
is made as provided in
as provided in this paragraph unless
this paragraph unless ordered
ordered toto do
do so by the
so by the court.
court. The party requesting
The party requesting
the
the subpoena may move for
for such
such an
an order
order at
at any
any time
time after
after an
an objection
objection is
is made.
made.
(e)
(c) Protective
Protective orders.
orders. A person
person commanded toto appear
appear at
at a
a deposition,
deposition, hearing,
hearing, or
or trial,
trial, or
or to produce and
to produce permit
and permit
inspection
inspection and
and copying
copying ofdesignated
ofdesignated documents
documents and
and things,
things, and
and any
any other person affected
other person by the
affected by the subpoena,
subpoena. maymove
may move
for
for a protective order
a protective order under
under Rule
Rule 192.6(b)—before
192.6(b) -before the the time
time specified
specified forfor compliance—either
compliance—either In In the
the court
court in
in which
which
the
the action
action is pending or
is pending or in
in a
a district
district court
court in
in the
the county
county where
where the
the subpoena
subpoena was served.
served. The person
person must
must serve
serve the
the
motion
motion on all parties in
all parties in accordance
accordance with
with Rule
Rule 21a.
2la. A person
person need
need not
not comply
comply with
with the
the part
part ofa
ofa subpoena
subpoena fram
from which
which
protection issoughtunderthis
protection paragraph unless
is sought under this paragraph unless ordered
ordered to
to do
do so by the
so by the court.The partyrequesting
court. The party requesting the
the subpoena
subpoena may
may
seek
seek such
such an
an order
order at
at any
any time
time after
afier the
the motion
motion for protection is
for protection is filed.
Preview
FILED DALLAS COUNTY 9/6/2019 2:19 PM FELICIA PITRE DISTRICT CLERK CAUSE N0. DC-18—02358 NO. DC-18-02358 Daniel Macias MUSEUM TOWER MUSEUM TOWER § IN THE COURT THE DISTRICT COURT § § Plaintiff(s), Plaintiff(s), § VS. § JUDICIAL DISTRICT 162ND JUDICIAL DISTRICT § COMPANY AUSTIN BUILDING COMPANY § § Dcfcndant(s). Defendant(s). § DALLAS COUNTY, TEXAS PROOF OF PROOF OF SERVICE OF SUBPOENA 0F SUBPOENA Came toto hand on Tuesday, Septembers, September 3, 2019 at at 3:28 PM, Executed at: at: 3620 N. JOSEY LANE, 116, 116, CARROLLTON, TX 75007 within within the the county county ofofDENTON DENTON at at 4:00 4:00 PM, on Tuesday, Septembers, September 3, 2019, by delivering by delivering tolo the the within named: GROUP INC. KPA GROUP KPA By delivering delivering to to its its Custodian of Records, LINDA BEZNER And tendered tendered a $1.00 $1.00 Witness Fee, Fee, in in cash, cash, which was accepted. accepted. By: Steven StevenJ.1. TrenU Tren - PSCt9f2 Ps INE • Exp Exp 4/30/21 43072-1 served@speclalHcHvery.com scrvcd@spccia¥fld£cry. com Sub^rlbcd Suwibcd and Sworn to by Steven to by Steven J. J. Treni, Trcni, Before Before Me, Me, the the undersigned undersigned authority, authority, on on this this day of September, 2019. GREG BENEFIELD gregbenefield Notary Public Notary Public hhe in State tatc of Texas STATE OF TEXAS STATE ^ IO#110275S-7 ID#1102758— 7 . My Comm. Co mmExExd. Dec. Dec. 27.202t 27 2021 I l THE STATE OF THE 0F TEXAS SUBPOENA FOR SUBPOENA FOR PRODUCTION PRODUCTION OF DOCUMENTS OF DOCUMENTS PURSUANT TO TEXAS RULES OF PROCEDURE 176 0F CIVIL PROCEDURE I76 CAUSENO. CAUSE N0. DC-18-02358 DC-l8-02358 IN IN THE 162nd l62nd JUDICIAL DISTRICT COURT 0F DALLAS COUNTY, TEXAS OF Museum Tower vs. vs. Austin Austin Building Comnanv gomganx PlalntllT Plaintiff Defendant TO ANY TO 0R CONSTABLE ANY SHERIFF OR 0F THE CONSTABLE OF 0F TEXAS THE STATE OF OR OTHER TEXAS OR OTHER PERSON PERSON TO SERVE AND AUTHORIZED TO AND EXECUTE SUBPOENAS AS PROVIDED IN TEX. R, R. CIV. P. P. 176.5. 176.5. YOU ARE COMMANDED TO SUMMON KPA KPA Group Inc., lnc., who may be be found found atat 3620 N. N. Josey Josey Lane Lane 116,Carrollton,Texas ll6. Carrollton. Texas 75007, 75007. to produce documents to produce documents to be used to be used as as evidence evidence in in this this case case to to the the following following address:3710 address: 3710 Rawllns Rawlins Street, Street. Suite Suite 1420, I420, Dallas, Dallas. Texas, Texas. 75219, 75219. on or before September II, or before II, 2019. 2019. Production Production shall shall be be accomplished accomplished either by: (I) either by: (l) mailingthe mailing the documents documents so so that that theyare they are received received at at the the addressspecifiedaboveon address specified above on or or before before September5,2019; September 5, 20l9; oror (2) (2) appearing appearing atat the the address address specifiedabove specified above on on September September 5,2019 S, 20 9 at l at 9:00 9:00 A.M. A.M. to to produceand produce and permit inspectionand permit copying of inspection and copying the documents. oflhe documents. All All documents documcms in in the the foliowing following categories categories and and created created on on or or after afier January January 1,2017 l. 2017 must be produced: must be produced: 1. Your compiete 5"?" complete files files regarding regarding work done onon Museum units 202,601,902,1002,1502 Museum Tower units 202, 601 902, 1002. l502 and , and 2202; 2202; 2. Any Any and and all all communications between you communications between you or or your your subcontractors subcontractors and and any any other a:her contractor contractor or or subcontractor subcontractor regarding regarding Museum Tower units units 202,601,902,1002,1502 202, 60l, 902. 1002, 1502 and and 2202; 2202; 3. 3. Any and all all communications between between you you and and any any representative, representative, agent, agent, or employee of Museum Museum Tower regarding regarding the the Museum Tower unitsunits 202,601,902,1002,1502 202, 601. 902, 1002, 1502 and 2202; 2202; 4. 4. All All invoices invoices related related to to your your work work or or your your subcontractors' subcontractors‘ work work on on Museum Museum Tower units units 202,601,902,1002, 202, 601 902, l002, , 1502 and 2202; 5. 5. All All documents documents evidencing evidencing amounts amounts spent spent on on cabinetry cabinetry materials materials for for use use in in Museum Museum Tower units units 202,601, 202, 601 . 902,1002, 902. |002. 1502 l502 and and 2202; 6. 6. Reports Reports of of costs costs or or expenditures expenditures related related to to your your work or or your your subcontractors' subcontractors’ work on Museum Museum Tower Tower units units 202,601,902, 202. 60!. 902. 1002,1502 1002, 1502 and and 2202; 7. 7. Communications between you Communications between you or or your your subcontractorsand subcontractors and any any owner or or tenant tenant of Museum Museum Tower regarding regarding units units 202,601,902,1002, 202. 601, 902. 1002. 1502 and 2202; 8. 8. All proposals relating All proposals relating to to your your work or or your your subcontractors' subcontractors' work on Museum Museum Tower units units 202, 202, 601, 60l. 902, 902. 1002, 1002, 1502 and 2202; 2202; 9. 9. All All contracts contracts relating relating to to your your work work or or your your subcontractors' subcontractors’ work work on Museum Museum Tower units units 202, 202, 601, 601, 902, 902, 1002,1502 1002, 1502 and and 2202; 10. IO. All All documents documents reflecting reflecting warranty warranty work performed by work performed by you you or or your your subcontractors subcontractors on Museum Tower units Tower units 202,601,902, 202. 601. 902. 1002,1502 1002. l502 and 2202; You You need need not produce any not produce any documents that that have already been produced already been produced in in this this litigation. litigation. Duties Duties of of Person Person Served with with Subpoena. You You are are advised advised that that under under Texas Texas Rule Rule of Civil Civil Procedure 176,a person I76, a person served served with with a a subpoenahas subpoena has certain certain rights rights and and obligations. obligations. Rule Rule 176.6providesthe 176.6 provides the following: following: (a) (a) Compliance Compliance required. required. Except Except as provided in as provided in thissubdivision, this subdivision. a person served a person sewed with with a a subpoena subpoena must must comply comply with with the the command stated stated therein therein unless unless discharged discharged byby the the court court or or by by the the party party summoning such such witness. witness. A person person commanded to to appear appear and and give give testimony testimony must must remain remain at at the the place place of deposition, deposition, hearing, hearing, or trial trial from from day to to day until until discharged by the discharged by the court court or by the or by party summoning the the party the witness. witness. (b) (b) Organizations. Organizations. If If a a subpoena subpoena commanding testimony testimony isis directed directed to to a a corporation, partnership, association, corporation, partnership, association, governmental govemmemal agency, agency. or or otherorganization, other organization. and and the the matters matters on on which which examination examination is is requested requested are are described described with with reasonable particularity, the reasonable particularity, the organization organization must must designate designate one one or or more more persons persons to to testify testify on on its behaif as its behalf as to to matters matters known or or reasonabiy reasonably available available to to the the organization. organization. (c) (c) Production Production of documents or ofdocuments or tangible tangible things. things. A person person commanded commanded to produce documents to produce documents or or tangible tangible things things need need not not appear appear in person at in person at the the time time and place of and place production unless of production unless the person is the person is also also commanded to to attend attend and and give give testimony, testimony, either either in in the the same same subpoenaor subpoena or aa separate separate one. one. A person person must produce documents must produce documents as as they they are are kept kept in in the the usual usual courseof businessor course of business or must must organize organize and and label label them them to to correspond correspond with with the the categories categories in in the the demand. demand. A person A person may may withhold withhold material material oror information information claimed claimed to be privileged to be privileged but but must must comply comply with with Rule Rule 193.3. I933. A A nonparty's nonparty's production of production of aa document document authenticates authenticates the the doeument document for for use use against against the the nonparty nonparty toto the the same same extent extent as as a party's a party’s production of production ofa a document is is authenticated authenticated for for use use againstthe party under against the party under Rule Rule 193.7. 193.7. (d) (d) Objections. Objections. A person person commandedto produceand commanded to produce permitinspection and permit inspection or or copyingof designateddocuments copying ofdcsignaled documents and and things things may serve serve on on the party requesting the party requesting Issuance issuance ofof the the subpoena—before subpoena—before the the time lime specified specified for for compliance—written compliance—written objectionsto producing any objections to producing any or all of or all of the the designated designated materials. materials. A person person need need not not comply comply with with the part of the part of a a subpoena subpoena to to which which objection objection is is made as provided in as provided in this paragraph unless this paragraph unless ordered ordered toto do do so by the so by the court. court. The party requesting The party requesting the the subpoena may move for for such such an an order order at at any any time time after after an an objection objection is is made. made. (e) (c) Protective Protective orders. orders. A person person commanded toto appear appear at at a a deposition, deposition, hearing, hearing, or or trial, trial, or or to produce and to produce permit and permit inspection inspection and and copying copying ofdesignated ofdesignated documents documents and and things, things, and and any any other person affected other person by the affected by the subpoena, subpoena. maymove may move for for a protective order a protective order under under Rule Rule 192.6(b)—before 192.6(b) -before the the time time specified specified forfor compliance—either compliance—either In In the the court court in in which which the the action action is pending or is pending or in in a a district district court court in in the the county county where where the the subpoena subpoena was served. served. The person person must must serve serve the the motion motion on all parties in all parties in accordance accordance with with Rule Rule 21a. 2la. A person person need need not not comply comply with with the the part part ofa ofa subpoena subpoena fram from which which protection issoughtunderthis protection paragraph unless is sought under this paragraph unless ordered ordered to to do do so by the so by the court.The partyrequesting court. The party requesting the the subpoena subpoena may may seek seek such such an an order order at at any any time time after afier the the motion motion for protection is for protection is filed.