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FILED
6/29/2020 11:56 PM
FELICIA PITRE
DISTRICT CLERK
No. DC-l9-l9170 DALLAS CO., TEXAS
Miranda Lynch DEPUTY
TERRY SMITH : IN THE DISTRICT COURT 0F
VS. : DALLAS COUNTY. TEXAS
ACCEPTANCE INDEMNITY INSURANCE : I92ND JUDICIAL DISTRICT
COMPANY
NOTICE OF INTENTION
T0 TAKE DEPOSITION BY WRITTEN QUESTIONS
To Defendant by and through their attomey(s) of record: Jennifer L. Gibbs(Zelle, LLP)
You will please take notice that twenty (20) days fi'om the service ofa copy hereof with attached questions, a deposition by written
questions will be taken of Custodian of Records for:
Haag Engineering Co.
I410 Lakeside Parkway #100
Flower Mound, TX 75208
before a Notary Public for DATASCOPE
13455 Cutten Rd., Suite l-J
Houston, TX 77069
713-688-9300 Fax 713-688-9305
or its designated agent, which deposition with attached questions may be used in evidence upon the trial of the above-styled and
numbered cause pending in the above named court. Notice is further given that request is hereby made as authorized under Rule
200, Texas Rules ofCivil Procedure, to the officer taking this deposition to issue a subpoena duces tecum and cause it to be served
on the witness lo produce any and all records as described on the attached questions andlor Exhibit(s) and any other such record
in the possession, custody or control ofthe said witness, and every such record to which the witness may have access, pertaining to
SEE ATTACHED EXHIBIT "A" and to turn all such records over to the officer authorized to take this deposition so that
photographic reproductions of the same may be made and attached to said deposition.
m_merMM
Hunter M. Klein
SBA # 24082] l7
kleinfalgreentriallawxom
Green Klein & Wood
440 Louisiana St., Stc. 900
Houston, TX 77002
7 [3-654-9222 Fax '7 l 3-654-21 55
Attorney for Plaintiff
l hereby certify that a true and correct copy of the foregoing instrument has been served on all parties or their attomey(s) ofrecord
in compliance with Rule 2 (a), TRCP, by fax, electronic service and/or certified mail, return receipt requested, on this day.
l
Dated: June 29, 2020 BYzzsz ’V. (:Efld’lgaf
28 100.001
THE STATE OF TEXAS
To any Sheriffor Constable ofthe State of Texas or other person authorized to serve subpoenas under RULE I76 OF TEXAS RULES
OF CIVIL PROCEDURE. - GREETINGS -
You are hereby commanded to subpoena and summon the following witness(es):
Custodian of Records for:
Haag Engineering Co.
l4l0 Lakeside Parkway Ste. 100
Flower Mound, TX 75028
By and through its Registered Agent:
COGENCY GLOBAL INC
1601 Elm St, Ste 4360
Dallas, TX 75201 USA
or wherever they may be found
to bc and appear before a Notary Public of my designation for
DATASCOPE 713-688-9300
l3455 Cuttcn Rd., Suite l-J. Houston. TX 77069
or its designated agent. on lhc first day following the expiration of 2O days from service hereof at 10:00 a.m. or any other mutually
agreed upon time, at the office of thc custodian and there under 0th Io make answers of certain written questions to bc propounded to
thc witness and to bring and produce for inspection and photocopying
Any and all records as described on the attached Exhibit “A”
and any othcr such record in the possession. custody or control of lhc said witness, and every such record to which the witness may
have access. at any and all timcs whatsoever, Ihcn and there to give evidence at the instance of the Plaintiff, represented by Hunter
M. Klein . Attorney of Record. in that Cenain Cause No. DC-l9-l9l70, pending on the docket oflhe District Court ofthe I92“
Judicial District of DALLAS County. Texas.
This Subpoena is issued under and by virtue of Rule 200 and Notice of Deposition Upon Written Questions in that certain matter pending
in the above named court, styled
TERRY SMITH
VS.
ACCEPTANCE INDEMNITY INSURANCE COMPANY
and there remain from day to day and time to lime until discharged according to law.
WITNESS MY HAND, this 29‘“ day ofJune. M.
¢’z$14534
GABRIELE SAUSNOCK
"""" |
525‘.- nfingotary Public, State of Texas!
'i'vfi-‘Q‘E Comm. Expures 04-06-2022 .
vH
"""
’4 $s
0535M fiotary ID 7606324. I
- NOTARY PUBLIC
l76.8 Enforcement of Subpoena. (a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that
person may bc deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the
subpoena is served, and may be punished by fine or confinement. or both.
OFFICER'S RETURN
Came to hand this day of ,
20 , and executed this the day of , 20 , in the
following manner: By delivering to the witness , a true copy hereof.
Witness fee of $ tendered.
Returned this day of , 20
PROCESS SERVER
Order No. 28100.00]
No. DC-l9-l9l70
TERRY SMITH : IN THE DISTRICT COURT 0F
VS. : DALLAS COUNTY, TEXAS
ACCEPTANCE INDEMNITY INSURANCE : 192ND JUDICIAL DISTRICT
COMPANY
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of Records for: Haag Engineering Co.
Records Pertaining To: SEE ATTACHED EXHIBIT "A"
l. Please state your full name, and your position or title.
Answer:
2. Please state the full legal name of your employer and the complete business address.
Answer:
3. Please state whether this entity is a regularly conducted business activity.
Answer:
4. Have you or your employer made or caused to be made any records, including memoranda, reports, or data compilations, as
set forth in the notice ofthis deposition, which is incorporated by reference herein?
Answer:
5. Do you have such records as described above?
Answer:
6. Are these records kept under your care, supervision, custody, or control?
Answer:
7. Are these records kept in the regular course ofbusiness?
Answer:
8. Was it the regular practice to make these records?
Answer:
9. Were these records made by, or from information transmitted by, a person with knowledge of the acts, events, conditions,
opinions, or diagnoses recorded therein?
Answer:
28100.001
10. Were these records made at or near the time the acts, events, conditions, opinions, or diagnoses occurred or within a
reasonable time thereafier?
Answer:
ll. Was the method and circumstances of preparation of these records trustworthy?
Answer:
12. Were these records kept as described above?
Answer:
l3. Please hand all such records to the Notary Public taking this deposition for photocopying and marking as Exhibits to be
attached to this deposition.
Answer:
. Please state whether you have provided all the records required by the subpoena duces tecum. If not, why not?
Answer:
15. Are the records that you have handed to the Notary Public accurate and complete?
Answer:
WITNESS (Custodian of Records)
Before me, the undersigned authority, on this day personally appeared ,
known to me to be the person whose name is subscribed to the foregoing instrument in the capacity therein stated, who being first
duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct.
SWORN TO AND SUBSCRIBED before me this day of , 20
NOTARY PUBLIC
My Commission Expires:
28100.001
EXHIBIT "A"
ANY AND ALL DOCUMENTS INCLUDING, WITHOUT LIMITATION, ESTIMATES,
INSPECTION RESULTS, REPORTS, REPORT DRAFTS, PHOTOGRAPHS,
CORRESPONDENCE, NOTES, MEMORANDA, INVOICES, BILLS, CONTRACTS, REPAIR
PLANS, ROOF PLANS, ROOF DRAWINGS, SCHEMATICS, EMAILS, TEXT MESSAGES,
RELATED TO THE PROPERTY LOCATED AT 4909 SOUTH COCKRELL HILL ROAD,
DALLAS, TEXAS 75236 AND/OR PERTAINING TO THE CLAIM NUMBER 12774390753;
1
HAAG FILE NO. 01 1900003 1-1 34, INCLUDING ALL CORRESPONDENCE BETWEEN ANY
REPRESENTATIVE OR EMPLOYEE FROM HAAG ENGINEERING CO. INCLUDING
ROBERT N. FLEISHMANN, AND ANY EMPLOYEE OR REPRESENTATIVE OF
ACCEPTANCE INDEMNITY INSURANCE COMPANY, INCLUDING TIMI AYOTUNDE.
REQUEST IS HEREBY MADE THAT ALL PHOTOGRAPHS BE PRODUCED IN NATIVE
FORMAT, I.E. “JPG” OR “JPEG” FORMAT AND/OR IN COLOR IF NATIVE FORMAT IS
UNAVAILABLE. THIS REQUEST IS LIMITED ONLY TO REGARDING TERRY SMITH;
CLAIM NUMBER 12774390753; HAAG FILE NO. 01 1900003 1-134.
l
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FILED 6/29/2020 11:56 PM FELICIA PITRE DISTRICT CLERK No. DC-l9-l9170 DALLAS CO., TEXAS Miranda Lynch DEPUTY TERRY SMITH : IN THE DISTRICT COURT 0F VS. : DALLAS COUNTY. TEXAS ACCEPTANCE INDEMNITY INSURANCE : I92ND JUDICIAL DISTRICT COMPANY NOTICE OF INTENTION T0 TAKE DEPOSITION BY WRITTEN QUESTIONS To Defendant by and through their attomey(s) of record: Jennifer L. Gibbs(Zelle, LLP) You will please take notice that twenty (20) days fi'om the service ofa copy hereof with attached questions, a deposition by written questions will be taken of Custodian of Records for: Haag Engineering Co. I410 Lakeside Parkway #100 Flower Mound, TX 75208 before a Notary Public for DATASCOPE 13455 Cutten Rd., Suite l-J Houston, TX 77069 713-688-9300 Fax 713-688-9305 or its designated agent, which deposition with attached questions may be used in evidence upon the trial of the above-styled and numbered cause pending in the above named court. Notice is further given that request is hereby made as authorized under Rule 200, Texas Rules ofCivil Procedure, to the officer taking this deposition to issue a subpoena duces tecum and cause it to be served on the witness lo produce any and all records as described on the attached questions andlor Exhibit(s) and any other such record in the possession, custody or control ofthe said witness, and every such record to which the witness may have access, pertaining to SEE ATTACHED EXHIBIT "A" and to turn all such records over to the officer authorized to take this deposition so that photographic reproductions of the same may be made and attached to said deposition. m_merMM Hunter M. Klein SBA # 24082] l7 kleinfalgreentriallawxom Green Klein & Wood 440 Louisiana St., Stc. 900 Houston, TX 77002 7 [3-654-9222 Fax '7 l 3-654-21 55 Attorney for Plaintiff l hereby certify that a true and correct copy of the foregoing instrument has been served on all parties or their attomey(s) ofrecord in compliance with Rule 2 (a), TRCP, by fax, electronic service and/or certified mail, return receipt requested, on this day. l Dated: June 29, 2020 BYzzsz ’V. (:Efld’lgaf 28 100.001 THE STATE OF TEXAS To any Sheriffor Constable ofthe State of Texas or other person authorized to serve subpoenas under RULE I76 OF TEXAS RULES OF CIVIL PROCEDURE. - GREETINGS - You are hereby commanded to subpoena and summon the following witness(es): Custodian of Records for: Haag Engineering Co. l4l0 Lakeside Parkway Ste. 100 Flower Mound, TX 75028 By and through its Registered Agent: COGENCY GLOBAL INC 1601 Elm St, Ste 4360 Dallas, TX 75201 USA or wherever they may be found to bc and appear before a Notary Public of my designation for DATASCOPE 713-688-9300 l3455 Cuttcn Rd., Suite l-J. Houston. TX 77069 or its designated agent. on lhc first day following the expiration of 2O days from service hereof at 10:00 a.m. or any other mutually agreed upon time, at the office of thc custodian and there under 0th Io make answers of certain written questions to bc propounded to thc witness and to bring and produce for inspection and photocopying Any and all records as described on the attached Exhibit “A” and any othcr such record in the possession. custody or control of lhc said witness, and every such record to which the witness may have access. at any and all timcs whatsoever, Ihcn and there to give evidence at the instance of the Plaintiff, represented by Hunter M. Klein . Attorney of Record. in that Cenain Cause No. DC-l9-l9l70, pending on the docket oflhe District Court ofthe I92“ Judicial District of DALLAS County. Texas. This Subpoena is issued under and by virtue of Rule 200 and Notice of Deposition Upon Written Questions in that certain matter pending in the above named court, styled TERRY SMITH VS. ACCEPTANCE INDEMNITY INSURANCE COMPANY and there remain from day to day and time to lime until discharged according to law. WITNESS MY HAND, this 29‘“ day ofJune. M. ¢’z$14534 GABRIELE SAUSNOCK """" | 525‘.- nfingotary Public, State of Texas! 'i'vfi-‘Q‘E Comm. Expures 04-06-2022 . vH """ ’4 $s 0535M fiotary ID 7606324. I - NOTARY PUBLIC l76.8 Enforcement of Subpoena. (a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may bc deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement. or both. OFFICER'S RETURN Came to hand this day of , 20 , and executed this the day of , 20 , in the following manner: By delivering to the witness , a true copy hereof. Witness fee of $ tendered. Returned this day of , 20 PROCESS SERVER Order No. 28100.00] No. DC-l9-l9l70 TERRY SMITH : IN THE DISTRICT COURT 0F VS. : DALLAS COUNTY, TEXAS ACCEPTANCE INDEMNITY INSURANCE : 192ND JUDICIAL DISTRICT COMPANY DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Records for: Haag Engineering Co. Records Pertaining To: SEE ATTACHED EXHIBIT "A" l. Please state your full name, and your position or title. Answer: 2. Please state the full legal name of your employer and the complete business address. Answer: 3. Please state whether this entity is a regularly conducted business activity. Answer: 4. Have you or your employer made or caused to be made any records, including memoranda, reports, or data compilations, as set forth in the notice ofthis deposition, which is incorporated by reference herein? Answer: 5. Do you have such records as described above? Answer: 6. Are these records kept under your care, supervision, custody, or control? Answer: 7. Are these records kept in the regular course ofbusiness? Answer: 8. Was it the regular practice to make these records? Answer: 9. Were these records made by, or from information transmitted by, a person with knowledge of the acts, events, conditions, opinions, or diagnoses recorded therein? Answer: 28100.001 10. Were these records made at or near the time the acts, events, conditions, opinions, or diagnoses occurred or within a reasonable time thereafier? Answer: ll. Was the method and circumstances of preparation of these records trustworthy? Answer: 12. Were these records kept as described above? Answer: l3. Please hand all such records to the Notary Public taking this deposition for photocopying and marking as Exhibits to be attached to this deposition. Answer: . Please state whether you have provided all the records required by the subpoena duces tecum. If not, why not? Answer: 15. Are the records that you have handed to the Notary Public accurate and complete? Answer: WITNESS (Custodian of Records) Before me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument in the capacity therein stated, who being first duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. SWORN TO AND SUBSCRIBED before me this day of , 20 NOTARY PUBLIC My Commission Expires: 28100.001 EXHIBIT "A" ANY AND ALL DOCUMENTS INCLUDING, WITHOUT LIMITATION, ESTIMATES, INSPECTION RESULTS, REPORTS, REPORT DRAFTS, PHOTOGRAPHS, CORRESPONDENCE, NOTES, MEMORANDA, INVOICES, BILLS, CONTRACTS, REPAIR PLANS, ROOF PLANS, ROOF DRAWINGS, SCHEMATICS, EMAILS, TEXT MESSAGES, RELATED TO THE PROPERTY LOCATED AT 4909 SOUTH COCKRELL HILL ROAD, DALLAS, TEXAS 75236 AND/OR PERTAINING TO THE CLAIM NUMBER 12774390753; 1 HAAG FILE NO. 01 1900003 1-1 34, INCLUDING ALL CORRESPONDENCE BETWEEN ANY REPRESENTATIVE OR EMPLOYEE FROM HAAG ENGINEERING CO. INCLUDING ROBERT N. FLEISHMANN, AND ANY EMPLOYEE OR REPRESENTATIVE OF ACCEPTANCE INDEMNITY INSURANCE COMPANY, INCLUDING TIMI AYOTUNDE. REQUEST IS HEREBY MADE THAT ALL PHOTOGRAPHS BE PRODUCED IN NATIVE FORMAT, I.E. “JPG” OR “JPEG” FORMAT AND/OR IN COLOR IF NATIVE FORMAT IS UNAVAILABLE. THIS REQUEST IS LIMITED ONLY TO REGARDING TERRY SMITH; CLAIM NUMBER 12774390753; HAAG FILE NO. 01 1900003 1-134. l