Preview
FILED
3/18/2021 3:59 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Miranda Lynch DEPUTY
CAUSE NO. DC-20- 1 02 14
Steven Webster, Aaron Webster, and IN THE DISTRICT COURT OF
Dennis Woods,
Plaintiffs,
V. DALLAS COUNTY, TEXAS
Dennis J. Rogers, II and OMTC, Inc.,
Defendants. 1 9 l st JUDICIAL DISTRICT
NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEOTAPED
DEPOSITION OF ALLISON ROGERS
To: Allison Rogers, 6520 Del Norte Lane, Dallas, Texas 75225.
Please take notice that in accordance with Rules 621a, 205 and 199 of the Texas Rules of
Civil Procedure, Steven Webster, Plaintiff in the above styled case, hereby provides notice of his
intent to take the oral and videotaped deposition in aid ofjudgment of non-party Allison Rogers
on Tuesday, April 27, 2021, beginning at 9:00 a.m. at the law ofces of Henneman Rau LLP,
815 Walker Street, Suite 1440, Houston, Texas 77002.
The deposition will be taken before a person authorized to administer oaths, and the sworn
testimony may be used for any purpose in the above-captioned matter. Said deposition will be
transcribed by a certied court reporter and videotaped. The deposition will continue from day to
day until completed.
Respectfully submitted,
BAKER BOTTS, LLP
By: /s/ Meghan Dawson McElvV
Meghan Dawson McElvy
State Bar No. 24065 127
meghan.mcelvy@bakerbotts.com
Margaret L. Wittenmyer
State Bar N0. 24106593
margaret.Wittenmyer@bakerbotts.com
9 1 O Louisiana Street
Houston, Texas 77002
Telephone: (713) 229-1234
Facsimile: (713) 229-1522
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
This certies that a true and correct copy of the foregoing was served upon the
Defendants, by and through the below counsel of record, via electronic service on March 18,
2021:
Bradley M. Kirklin
bkirklin@hennemanrau.com
George Rau
grau@hennemanrau.com
Henneman Rau LLP
815 Walker Street, Suite 1440
Houston, Texas 77002
(71 3) 955-6030
Further, a true and correct copy ofthe foregoing Notice is being served upon the following
recipient a reasonable time before the deposition is taken in compliance with Tex. R. Civ. P.
205 and 199:
Allison Rogers
6520 Del Norte Lane
Dallas, Texas 75225
/s/ Margaret L. Wittenmver
Margaret L. Wittenmyer
CAUSE NO. DC-20- 1 02 14
Steven Webster, Aaron Webster, and IN THE DISTRICT COURT OF
Dennis Woods,
Plaintiffs,
v. DALLAS COUNTY, TEXAS
Dennis J. Rogers, II and OMTC, Inc.,
Defendants. 1 9 l st JUDICIAL DISTRICT
SUBPOENA REQUIRING ATTENDANCE AT ORAL DEPOSITION
THE STATE 0F TEXAS
TO: Allison Rogers, 6520 Del Norte Lane, Dallas, Texas 75225.
YOU ARE COMMANDED, pursuant to Texas Rules of Civil Procedure 205 and 176, to
appear on Tuesday, April 27, 2021, beginning at 9:00 a.m. at the law ofces of Henneman Rau
LLP, 815 Walker Street, Suite 1440, Houston, Texas 77002, before a notary public or other person
authorized to administer oaths, to attend and give testimony in aid of judgment in the above-
captioned matter at a deposition on behalf of Plaintiff, and to remain in attendance from day to day
until lawfully discharged. This deposition will be recorded by a certied court reporter.
You are advised that under Texas Rule of Civil Procedure 176, a person served with a
discovery subpoena has certain rights and obligations. Rule 176.6 provides:
Compliance required. Except as provided in this subdivision, a person served with
a subpoena must comply with the command stated in the subpoena unless discharged by the court
or by the party summoning such witness. A person commanded to appear and give testimony must
remain at the place of the deposition, hearing, or trial from day to day until discharged by the court
or by the party summoning the Witness.
Protective Orders. A person commanded to appear at a deposition, hearing, or trial,
or to produce and permit inspection and copying of designated documents and things may move
for a protective order before the time specied for compliance either in the court in which the
action is pending or in a district court in the county where the subpoena was served. The person
must serve the motion on all parties in accordance with Rule 21a. A person need not comply with
the part of a subpoena from which protection is sought under this paragraph unless ordered to do
so by the court. The party requesting the subpoena may seek such an order at any time after the
motion for protection is led.
YOU ARE HEREBY WARNED:
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 which the subpoena is served, and may be punished by ne,
confinement or both.
After serving a copy of this Subpoena on the witness, deliver the original Subpoena to Baker Botts
LLP, 910 Louisiana St., Houston, Texas 77002 with your return showing how you executed the
Subpoena.
Date of Issuance
Subpoena issued this 18th day of March, 2021 by:
BAKER BOTTS, LLP
By: /s/ Meghan Dawson McElvV
Meghan Dawson McElvy
State Bar No. 24065 127
meghan.mcelvy@bakerbotts.com
Margaret L. Wittenmyer
State Bar No. 24106593
margaret.wittenmyer@bakerbotts.com
9 1 0 Louisiana Street
Houston, Texas 77002
Telephone: (713) 229-1234
Facsimile: (713) 229-1522
ATTORNEYS FOR PLAINTIFFS
ACCEPTANCE OF SERVICE OF SUBPOENA
I, the undersigned witness named in the Subpoena acknowledge receipt of a copy thereof, and
hereby accept service of the attached subpoena and will appear at said deposition at said date and
time directed in this Subpoena
Printed name of Witness
Signature of Witness
Date
RETURN OF SUBPOENA
I , am over the age of 18 years. I am not a party in the above
numbered and styled cause of action. On , 2021, at o’clock _m.
at , Within the
County of , Texas, I served a subpoena of which this is a true and
correct copy, and tendered any witness fees required by law, on by
personally handing said subpoena and witness fees to the named individual or in accordance with
the Texas Rules of Civil Procedure.
DATED , 2021
WITNESS FEE: $
Signature of person serving subpoena
Printed name of person serving
subpoena
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Yvonne Rager on behalf of Meghan McElvy
Bar No. 24065127
yvonne.rager@bakerbotts.com
Envelope ID: 51615574
Status as of 3/19/2021 9:24 AM CST
Associated Case Party: STEVEN WEBSTER
Name BarNumber Email TimestampSubmitted Status
Tina Q.Nguyen tina.nguyen@bakerbotts.com 3/18/2021 3:59:50 PM SENT
Associated Case Party: AARON WEBSTER
Name BarNumber Email TimestampSubmitted Status
Margaret Wittenmyer 24106593 mlwittenmyer@gmail.com 3/18/2021 3:59:50 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Meghan DawsonMcElvy meghan.mcelvy@bakerbotts.com 3/18/2021 3:59:50 PM SENT
Corey F.Wehmeyer cwehmeyer@swenergylaw.com 3/18/2021 3:59:50 PM SENT
Meghan McElvy 24065127 meghan.mcelvy@bakerbotts.com 3/18/2021 3:59:50 PM SENT
Laura Sammons lsammons@hrkslaw.com 3/18/2021 3:59:50 PM SENT
Henri Inocencio hinocencio@swenergylaw.com 3/18/2021 3:59:50 PM SENT
Margaret Wittenmyer margaret.wittenmyer@bakerbotts.com 3/18/2021 3:59:50 PM SENT
Kim Hammonds khammonds@hrkslaw.com 3/18/2021 3:59:50 PM SENT
Kendall Black kendall.black@bakerbotts.com 3/18/2021 3:59:50 PM SENT
Kevin Kassner kkassner@swenergylaw.com 3/18/2021 3:59:50 PM SENT
Marilee Scott mscott@hrkslaw.com 3/18/2021 3:59:50 PM SENT
Alexandra J.Kushner alexandra.kushner@gs.com 3/18/2021 3:59:50 PM SENT
Erin Koenen ekoenen@ayco.com 3/18/2021 3:59:50 PM SENT
Emily Leal eleal@swenergylaw.com 3/18/2021 3:59:50 PM SENT
Sandra Watson swatson@swenergylaw.com 3/18/2021 3:59:50 PM SENT
Yvonne Rager yvonne.rager@bakerbotts.com 3/1 8/2021 3:59:50 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Yvonne Rager on behalf of Meghan McElvy
Bar No. 24065127
yvonne.rager@bakerbotts.com
Envelope ID: 51615574
Status as of 3/19/2021 9:24 AM CST
Associated Case Party: OMTC, INC.
Name BarNumber Email TimestampSubmitted Status
George Henry Rau 24037335 grau@hennemanrau.com 3/1 8/2021 3:59:50 PM SENT
Associated Case Party: DENNISJROGERS, ll
Name BarNumber Email TimestampSubmitted Status
Brett Chisum 24082816 bchisum@mccathernlaw.com 3/18/2021 3:59:50 PM SENT
Bradley McMahon Kirklin 24046222 bkirklin@hennemanrau.com 3/18/2021 3:59:50 PM SENT
Preview
FILED 3/18/2021 3:59 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Miranda Lynch DEPUTY CAUSE NO. DC-20- 1 02 14 Steven Webster, Aaron Webster, and IN THE DISTRICT COURT OF Dennis Woods, Plaintiffs, V. DALLAS COUNTY, TEXAS Dennis J. Rogers, II and OMTC, Inc., Defendants. 1 9 l st JUDICIAL DISTRICT NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEOTAPED DEPOSITION OF ALLISON ROGERS To: Allison Rogers, 6520 Del Norte Lane, Dallas, Texas 75225. Please take notice that in accordance with Rules 621a, 205 and 199 of the Texas Rules of Civil Procedure, Steven Webster, Plaintiff in the above styled case, hereby provides notice of his intent to take the oral and videotaped deposition in aid ofjudgment of non-party Allison Rogers on Tuesday, April 27, 2021, beginning at 9:00 a.m. at the law ofces of Henneman Rau LLP, 815 Walker Street, Suite 1440, Houston, Texas 77002. The deposition will be taken before a person authorized to administer oaths, and the sworn testimony may be used for any purpose in the above-captioned matter. Said deposition will be transcribed by a certied court reporter and videotaped. The deposition will continue from day to day until completed. Respectfully submitted, BAKER BOTTS, LLP By: /s/ Meghan Dawson McElvV Meghan Dawson McElvy State Bar No. 24065 127 meghan.mcelvy@bakerbotts.com Margaret L. Wittenmyer State Bar N0. 24106593 margaret.Wittenmyer@bakerbotts.com 9 1 O Louisiana Street Houston, Texas 77002 Telephone: (713) 229-1234 Facsimile: (713) 229-1522 ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE This certies that a true and correct copy of the foregoing was served upon the Defendants, by and through the below counsel of record, via electronic service on March 18, 2021: Bradley M. Kirklin bkirklin@hennemanrau.com George Rau grau@hennemanrau.com Henneman Rau LLP 815 Walker Street, Suite 1440 Houston, Texas 77002 (71 3) 955-6030 Further, a true and correct copy ofthe foregoing Notice is being served upon the following recipient a reasonable time before the deposition is taken in compliance with Tex. R. Civ. P. 205 and 199: Allison Rogers 6520 Del Norte Lane Dallas, Texas 75225 /s/ Margaret L. Wittenmver Margaret L. Wittenmyer CAUSE NO. DC-20- 1 02 14 Steven Webster, Aaron Webster, and IN THE DISTRICT COURT OF Dennis Woods, Plaintiffs, v. DALLAS COUNTY, TEXAS Dennis J. Rogers, II and OMTC, Inc., Defendants. 1 9 l st JUDICIAL DISTRICT SUBPOENA REQUIRING ATTENDANCE AT ORAL DEPOSITION THE STATE 0F TEXAS TO: Allison Rogers, 6520 Del Norte Lane, Dallas, Texas 75225. YOU ARE COMMANDED, pursuant to Texas Rules of Civil Procedure 205 and 176, to appear on Tuesday, April 27, 2021, beginning at 9:00 a.m. at the law ofces of Henneman Rau LLP, 815 Walker Street, Suite 1440, Houston, Texas 77002, before a notary public or other person authorized to administer oaths, to attend and give testimony in aid of judgment in the above- captioned matter at a deposition on behalf of Plaintiff, and to remain in attendance from day to day until lawfully discharged. This deposition will be recorded by a certied court reporter. You are advised that under Texas Rule of Civil Procedure 176, a person served with a discovery subpoena has certain rights and obligations. Rule 176.6 provides: Compliance required. Except as provided in this subdivision, a person served with a subpoena must comply with the command stated in the subpoena unless discharged by the court or by the party summoning such witness. A person commanded to appear and give testimony must remain at the place of the deposition, hearing, or trial from day to day until discharged by the court or by the party summoning the Witness. Protective Orders. A person commanded to appear at a deposition, hearing, or trial, or to produce and permit inspection and copying of designated documents and things may move for a protective order before the time specied for compliance either in the court in which the action is pending or in a district court in the county where the subpoena was served. The person must serve the motion on all parties in accordance with Rule 21a. A person need not comply with the part of a subpoena from which protection is sought under this paragraph unless ordered to do so by the court. The party requesting the subpoena may seek such an order at any time after the motion for protection is led. YOU ARE HEREBY WARNED: 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 which the subpoena is served, and may be punished by ne, confinement or both. After serving a copy of this Subpoena on the witness, deliver the original Subpoena to Baker Botts LLP, 910 Louisiana St., Houston, Texas 77002 with your return showing how you executed the Subpoena. Date of Issuance Subpoena issued this 18th day of March, 2021 by: BAKER BOTTS, LLP By: /s/ Meghan Dawson McElvV Meghan Dawson McElvy State Bar No. 24065 127 meghan.mcelvy@bakerbotts.com Margaret L. Wittenmyer State Bar No. 24106593 margaret.wittenmyer@bakerbotts.com 9 1 0 Louisiana Street Houston, Texas 77002 Telephone: (713) 229-1234 Facsimile: (713) 229-1522 ATTORNEYS FOR PLAINTIFFS ACCEPTANCE OF SERVICE OF SUBPOENA I, the undersigned witness named in the Subpoena acknowledge receipt of a copy thereof, and hereby accept service of the attached subpoena and will appear at said deposition at said date and time directed in this Subpoena Printed name of Witness Signature of Witness Date RETURN OF SUBPOENA I , am over the age of 18 years. I am not a party in the above numbered and styled cause of action. On , 2021, at o’clock _m. at , Within the County of , Texas, I served a subpoena of which this is a true and correct copy, and tendered any witness fees required by law, on by personally handing said subpoena and witness fees to the named individual or in accordance with the Texas Rules of Civil Procedure. DATED , 2021 WITNESS FEE: $ Signature of person serving subpoena Printed name of person serving subpoena Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Yvonne Rager on behalf of Meghan McElvy Bar No. 24065127 yvonne.rager@bakerbotts.com Envelope ID: 51615574 Status as of 3/19/2021 9:24 AM CST Associated Case Party: STEVEN WEBSTER Name BarNumber Email TimestampSubmitted Status Tina Q.Nguyen tina.nguyen@bakerbotts.com 3/18/2021 3:59:50 PM SENT Associated Case Party: AARON WEBSTER Name BarNumber Email TimestampSubmitted Status Margaret Wittenmyer 24106593 mlwittenmyer@gmail.com 3/18/2021 3:59:50 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Meghan DawsonMcElvy meghan.mcelvy@bakerbotts.com 3/18/2021 3:59:50 PM SENT Corey F.Wehmeyer cwehmeyer@swenergylaw.com 3/18/2021 3:59:50 PM SENT Meghan McElvy 24065127 meghan.mcelvy@bakerbotts.com 3/18/2021 3:59:50 PM SENT Laura Sammons lsammons@hrkslaw.com 3/18/2021 3:59:50 PM SENT Henri Inocencio hinocencio@swenergylaw.com 3/18/2021 3:59:50 PM SENT Margaret Wittenmyer margaret.wittenmyer@bakerbotts.com 3/18/2021 3:59:50 PM SENT Kim Hammonds khammonds@hrkslaw.com 3/18/2021 3:59:50 PM SENT Kendall Black kendall.black@bakerbotts.com 3/18/2021 3:59:50 PM SENT Kevin Kassner kkassner@swenergylaw.com 3/18/2021 3:59:50 PM SENT Marilee Scott mscott@hrkslaw.com 3/18/2021 3:59:50 PM SENT Alexandra J.Kushner alexandra.kushner@gs.com 3/18/2021 3:59:50 PM SENT Erin Koenen ekoenen@ayco.com 3/18/2021 3:59:50 PM SENT Emily Leal eleal@swenergylaw.com 3/18/2021 3:59:50 PM SENT Sandra Watson swatson@swenergylaw.com 3/18/2021 3:59:50 PM SENT Yvonne Rager yvonne.rager@bakerbotts.com 3/1 8/2021 3:59:50 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Yvonne Rager on behalf of Meghan McElvy Bar No. 24065127 yvonne.rager@bakerbotts.com Envelope ID: 51615574 Status as of 3/19/2021 9:24 AM CST Associated Case Party: OMTC, INC. Name BarNumber Email TimestampSubmitted Status George Henry Rau 24037335 grau@hennemanrau.com 3/1 8/2021 3:59:50 PM SENT Associated Case Party: DENNISJROGERS, ll Name BarNumber Email TimestampSubmitted Status Brett Chisum 24082816 bchisum@mccathernlaw.com 3/18/2021 3:59:50 PM SENT Bradley McMahon Kirklin 24046222 bkirklin@hennemanrau.com 3/18/2021 3:59:50 PM SENT