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CASE NO. 22 DCV 297612
MORGAN ELITE SPECIALIST SERVICES, LLC IN THE DISTRICT COURT OF
§
Plaintiff §
§
§
§ FORT BEND COUNTY, TEXAS
THD PARTNERS, LLC §
§
Defendant § 434TH JUDICIAL DISTRICT
PLAINTIFF MORGAN ELITE SPECIALIST SERVICES, LLC
MOTION TO COMPEL DISCOVERY FROM DEFENDANT
Plaintiff Morgan Elite Specialist Services, LLC MESS” Plaintiff”) hereby Moves to
Compel Discovery (this “Motion from Defendant THD Partners, LLC THD” or
Defendant”) following excessive objections that obscure responses and failure to
produce responsive materials beyond 110 emails date. n support Plaintiff show
BACKGROUND
Plaintiff initiated this lawsuit September 29, 2022 after Defendant bilked
Plaintiff out of $214,249.61 that it owed Plaintiff pursuant to contract Plaintiff has raised
causes of action under suit on sworn account / breach of contract, promissory estoppel, and
quantum meruit. Defendant answered in May 4, 2023 asserting affirmative defenses of void/
voidable/ illegal contract, fraudulent inducement, fraud, impossibility, commercial
impracticability, laches, accord and satisfaction, failure to state a claim, insufficient
consideration, illusory, unconscionability, violation of public policy, estoppel, and
modification
Plaintiff tendered disclosures July 19, 2023. THD provided disclosures August
, 2023, but no production.
On August 1 , 2023, Plaintiff tendered discovery in the form of requests for
production, interrogatories, and requests for admissionto THD See Exhibit A , attached.
On September 1 , 2023, Defendant tendered objections to Plaintiff’s
discovery. SeeExhibit B (with production), Exhibit and Exhibit , attached.
Upon receiving and reviewing Defendant’ objections and obscured responses,
which came with only 110 pages of limited email production, Plaintiff raised concerns to
Defendant via letterSee Exhibit E, attached. Defendant refuse to produce further relevan
materials related to this dispute presumably as a dilatory tactic to delay trial that is set for
March 27, 2024 by agreement of counsel and Order of this Court. See July 25, 2023 Agreed
Docket Control Order, on record in this matter. Discovery is set to close February 27, 2023,
and Plaintiff needs Defendant produce relevant materials in order for Plaintiff to properly
prepare for depositions of witnesses for Defendant.As Exhibit E shows, Plaintiff has
requested depositions of six (6) fact witnesses
Given the foregoing concerns, Plaintiff seeks an order compelling production
and overruling the excessive objections that obscure Defendant s responses.
ARGUMENT AND AUTHORITIES
Authorities supporting an Order Compelling Production and Overruling
Objections
Discovery may be obtained about any matter relevant to the subject matter of
the case. 192.3(a). The purpose of discovery is to seek the truth, so disputes
may be decided by what facts are revealed, not by what facts are concealed. Axelson, Inc. v.
McIlhany, 798 S.W.2d 550, 555 (Tex. 1990) (citing Jampole v. Touchy, 73 S.W.2d 569, 573
(Tex. 1984)). Information is discoverable if it appears “reasonably calculated to lead to the
discovery of admissible evidence.” 192.3(a) If a party fails to comply with
proper discovery requests, the discovering party may move for an order compelling the
PLAINTIFF MOTION TO COMPEL DISCOVERY Page of
discovery. Id. at 215.1(b). The “relevant to the subject matter” and “reasonably calculated
to lead to admissible evidence” tests are liberally construed to allow the litigants to obtain
the fullest knowledge of the facts and issues prior to trial. Axelson, Inc. v. McIlhany, 798
S.W.2d 550, 553 (Tex. 1990). So long as requests appear reasonably calculated to lead to the
discovery of admissible evidence, they are proper. 192.3.Plaintiff has made
proper and reasonably limited discovery requests to Defendant, but objected and/or
refused to respond to most discovery.
Exhibit Plaintiff’s attempts to obtain discovery information and materials
from Defendant As shown w ithin Exhibit B Exhibit C and Exhibit D, Defendant made
numerous objections to key definitions within Exhibit A, and further raised numerous and
confusing additional objections to almost every discovery request. See, Exhibit BExhibit
. Without indicating whether Defendant believe there are many, if any responsive
materials, Defendant has essentially asserted that Plaintiff must wait an unknown period of
time for “a mutually agreeable date and time” to tenderresponsive production, if Defendant
even elect to produce anything. This is ridiculous and clearly meant to delay progress of
discovery, as counsel indicated within the deficiency letter and pre Motion attempt at
conference, Exhibit E
A party, upon reasonable notice to other parties and all other persons affected,
may apply for sanctions and an order compelling discovery from a Court pursuant to Texas
Rule of Civil Procedure 215. Under Rule 215.1, a party may move to compel discovery and
for sanctions if another party fails to answer discovery, refuses to cooperate with deposition
scheduling, and/or makes evasive or incomplete answers to discovery.
215.1(b)(e). “Counsel should not be excused from the requirements of the rule [
PLAINTIFF MOTION TO COMPEL DISCOVERY Page of
215] without a strict showing of good cause.” Alvarado v. Farah Mfg. Co. , 830 S.W.2d 911,
915 (Tex. 1992). A party can establish “good cause” by showing that the failure to timely or
adequately respond was an accident or mistake, not intentional or the result of conscious
indifference. Ramirez v. Noble Energy, Inc., 521 S.W.3d 851, 856 (Tex. App.Houston [1st
Dist.] 2017, no pet.) (quoting Wheeler v. Green, 157 S.W.3d 439, 442 (Tex. 2005) (per
curiam)).In an attempt to learn what extent of diligence Defendant and their counsel have
performed thus far and further learn what materials have been withheld on assertions of
privilege and trade secret, Plaintiff asked within Exhibit E for a privilege log and to know
what makes THD unique from other contractors to merit trade secret assertions. Defendant
not responded, presumably because not begun to review or compile materials
beyond the bit of emails it sent
Here, Defendant s improper insistence, after already being provided a month
to compile responsive materials, that Plaintiff wait an additional unknown amount of days
or more is a clear failure to cooperate with discovery and constitutes incomplete answers.
Plaintiff asks that the Court compel production within no more than a fourtee days of
an order compelling responses.Defendant’s withholding of materials and information
related to its affirmative defenses and assertions made in the limited responses to
interrogatories prevents Plaintiff from being able to properly or adequately prepare for
depositions of Defendant’s fact witnesses.
Additionally, a brief review of Defendant’ objections throughout Exh bit B,
Exhibit C, and Exhibit D makes it clear that THD levied numerous confusing objections in
bad faith that are obscured due to their excessive number. . 193.2(c)(e).
Furthermore, even when parties make objection to discovery they have a duty to respond
PLAINTIFF MOTION TO COMPEL DISCOVERY Page of
when partially objecting. . 193.2(b). What Defendant ha tendered thus far fails
to comply with that duty to partially respond. Many of Defendant s objections are improper
and seem to rely on a presuit scrivener’s error that cannot supersede the terms of THD’s
contract with MESS (formerly SSS). For these reasons, Plaintiff must seek relief from the
Court before Defendant further delay or interfere with discovery in this matter.
iscovery Sanctions
If a motion to compel is granted,
“the court shall, after opportunity for hearing, require a party
or deponent whose conduct necessitated the motion or the
party or attorney advising such conduct or both of them to pay,
at such time as ordered by the court, the moving party the
reasonable expenses incurred in obtaining the order, including
attorney fees, unless the court finds that the opposition to the
motion was substantially justified or that other circumstances
make an award of expenses unjust.” Tex. R. Civ. P. 215.1(d)
(emphasis added).
The Court has the authority to award Plaintiff its attorneys' fees and expenses as a sanction
and order THD to pay the same to Plaintiff under Rule 215.2(b)(8). A straightforward review
of Exhibits A shows that Defendant intend to rely on objections and dilatory
indications. Without sanctioning Defendant, further such tactics remain likely. Bear in mind,
this is a dispute over a outstanding debt of $214,249.61that THD owes MESS
The purpose of sanctions is to secure compliance with the Rules, to deter
ture violations of the Rules, and to punish parties that violate the Rules. See Chrysler Corp.
v. Blackmon, 841 S.W.2d 844, 849 (Tex. 1992). Defendant has failed to comply with the Rules,
and Plaintiff is concerned that lack of punishment will invite additional violations. Plaintiff
can and will provide supplemental briefing and evidence to the Court on attorney’s fee
records following a hearing on this Motion in order to aid the calculation of sanctions.
PLAINTIFF MOTION TO COMPEL DISCOVERY Page of
III. CONCLUSION
For the foregoing reasons, Morgan Elite Specialist Services, LLC asks the Court
to GRANT this Motion to Compel, issue an Order compelling production within fourteen
days of the date of the Order, overrule inapplicable or improper objections, compel privilege
logs, and assess sanctions as merited Defendant has agreed to a discovery period that
concludes on February 27, 2024, and a trial that is set March 27, 2024. Defendant clearly
working to delay discovery and prevent Plaintiff from being able to prepare for depositions
f fact witnesses. Plaintiff is not willing to sit idly by as Defendant needlessly delay
development of discovery and increase costs of this lawsuit, therefore Plaintiff asks the
Court to intervene now.
PRAYER
Plaintiff Morgan Elite Specialist Services, LLC prays that this Motion be GRANTED,
that the Court issue an Order granting the relief requested above, and that the Court grant
Plaintiff all other relief to which he may be justly entitled at law or in equity
Respectfully submitted,
SPONSEL MILLER GREENBERG PLLC
/s/ Allen Landon____________________
Thane Tyler Sponsel III (TBN: 24056361)
Allen Landon (TBN: 24091870)
50 Briar Hollow Lane, Suite 370 West
Houston, Texas 77027
(713) 892 5400 Telephone
(713) 892 01 Facsimile
sponsel@smglawgroup.com
allen.landon@smglawgroup.com
ATTORNEYS FOR PLAINTIFF
MORGAN ELITE SPECIALIST SERVICES, LLC
PLAINTIFF MOTION TO COMPEL DISCOVERY Page of
CERTIFICATE OF CONFERENCE
I hereby certify that prior to filing this Motion I communicated with counsel for
Defendant as shown within Exhibit E in attempts to reach an amicable resolution without
invoking the Court, but of filing this Motion counsel for the parties involved have been
unable to effectively resolve Plaintiff’s discovery concerns, therefore Plaintiff must presume
the Defendant opposed to the present Motion and relief sought therein
/s/ Allen Landon
Allen Landon
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Plaintiff’s Motion to
Compel Discovery has been served upon all counsel of record on this 5th day of September
/s/ Allen Landon
PLAINTIFF MOTION TO COMPEL DISCOVERY Page of
A
CAUSE NO. 22-DCV-297612
MORGAN ELITE SPECIALIST § IN THE DISTRICT COURT OF
SERVICES, LLC., §
§
Plaintiff, §
§ FORT BEND COUNTY, TEXAS
v. §
§
THD PARTNERS, LLC §
§
Defendant. § 434th JUDICIAL DISTRICT
PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION TO
DEFENDANT THD PARTNERS, LLC
To: Defendant THD Partners, LLC through its attorneys of record, Andy J. Moon and
Nathaniel Corbett, 10010 San Pedro Ave, Ste 120, San Antonio, TX 78216 via
electronic service/email to amoon@talonlegal.com & ncorbett@talonlegal.com.
Pursuant to TEX. R. CIV. P. 196, Plaintiff Morgan Elite Specialist Services, LLC.
(“Plaintiff” or “MESS”) serves this First Set of Requests for Production to Defendant THD
Partners, LLC (“THD” or “Defendant”). Defendant shall produce for inspection and copying,
the documents, writings, or tangible things that are within its possession, custody or control,
or within the possession, custody or control of Defendant’s attorney, representatives, or
agents and that are responsive to the requests submitted herein. Defendant’s responses
shall be made separately and fully in writing. Defendant’s responses and production of
documents shall be served on Plaintiff through its attorneys, Thane Tyler Sponsel III et al at
Sponsel Miller Greenberg PLLC, 50 Briar Hollow Lane, Suite 370 West, Houston, Texas 77027
no later than 30 days after service of these requests.
Respectfully submitted,
SPONSEL MILLER GREENBERG PLLC
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/s/ Thane Tyler Sponsel III_________________
Thane Tyler Sponsel III (TBN: 24056361)
Allen Landon (TBN: 24091870)
50 Briar Hollow Lane, Suite 370 West
Houston, Texas 77027
(713) 892-5400 Telephone
(713) 892-5401 Facsimile
sponsel@smglawgroup.com
allen.landon@smglawgroup.com
ATTORNEYS FOR PLAINTIFF,
MORGAN ELITE SPECIALIST SERVICES, LLC.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Plaintiff’s First Set of
Requests for Production to Defendant THD Partners, LLC have been served via e-mail
and eserve on this 15th day of August 2023 upon the following:
Andrew J. Moon
amoon@talonlegal.com
Nathaniel Corbett
ncorbett@talonlegal.com
10010 San Pedro Ave, Ste 120
San Antonio, TX 78216
O: 210.942.2500
F: 210.899.0971
Attorney for Defendant,
THD Partners, LLC
/s/ Thane Tyler Sponsel III____________
Thane Tyler Sponsel III
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INSTRUCTIONS AND DEFINITIONS
These document requests are continuing in nature and Defendant is required to
periodically provide by way of supplementary responses such additional documents as it or
any person acting on its behalf may herein discover and which are responsive to any of the
requests for production contained herein.
1. “Relevant Period” means July 1, 2020 to present.
2. “Plaintiff” and “MESS” means Morgan Elite Specialist Services, LLC and its
predecessors (including but not limited to Stand Strong Services LLC (“SSS”)),
successors, agents, employees, and representatives.
3. “You” or “Your” “THD” or “Defendant” means THD Partners, LLC and its predecessors,
successors, agents, employees, members, shareholders and representatives.
4. “Contract” means a certain Estimating and Consulting Agreement between Plaintiff
(formerly SSS) and THD Partners, LLC dated September 27, 2020.
5. The “Properties” means the certain properties upon which MESS and SSS performed
estimating and consulting services on Your behalf during the Relevant Period. Each
of the individual Properties is referred to generally as a “Property” and specifically
referenced with further detail within the Outstanding Invoices (Exhibit A.2 to
Plaintiff’s Petition).
6. “Lawsuit” means Cause No. 22-DCV-297612; Morgan Elite Specialist Services, LLC v.
THD Partners, LLC; In the 434th Judicial District Court of Fort Bend County, Texas.
7. “Outstanding Invoices” means the thirty-six (36) outstanding and overdue invoices
from MESS to You with a cumulative balance of $214,249.61 (excluding interest). The
Outstanding Invoices are attached to and incorporated in Plaintiff’s Petition as Exhibit
A.2.
8. “Demand” means the presuit presentment notice and demand letter that Plaintiff sent
You dated June 8, 2022.
9. The term “person” refers to a natural person, corporation, partnership, association,
government entity, and any other type of entity or institution whether formed for a
business purpose or any other purpose.
10. The term “relate to,” “related to,” or “relating to” means constituting, concerning,
mentioning, referring to, reflecting, describing, embodying, showing, discussing,
evidencing, supporting, negating, or in any way pertaining to.
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11. The term “document” includes any written, recorded, or graphic matter, however
produced or reproduced, of every kind and regardless of where located including, but
not limited to, any contract, application, policy, rider, endorsement, exclusion,
summary, schedule, memorandum, note, handwritten note, statement, letter, e-mail,
telegram, interoffice communication, report, diary, ledger, journal, log, survey, desk
or pocket calendar or notebook, day book, appointment book, pamphlet, periodical,
work sheet, cost sheet, list, graph, chart, index, tape, record, partial or complete report
of telephone or oral conversation, compilation, tabulation, study, analysis, transcript,
minutes, accounting records, invoice, purchase order, data sheet, data processing
card or tape, computer printout, computer disk, and all other memorials of any
conversation, meetings and conferences, by telephone or otherwise, any other
writing or recording which is in Your possession, custody or control or in the
possession, custody or control of any director, officer, employee, servant or agent or
yours or Your attorneys. The term “documents” also includes the files in which these
documents are maintained.
12. The term “documents” also includes the original, or a duplicate if the original is not
available, and each non-identical copy, whether different from the original or another
copy by virtue of notes made or otherwise.
13. The terms “state” or “describe” mean answer with specificity each and every fact,
ultimate fact, circumstance, incident, act, omission, event, and date that relates or
otherwise pertains to the matters inquired in the request.
14. The terms “and” and “or” shall be construed either as disjunctive or conjunctive as
necessary to bring within the scope of any request all responses which otherwise
might be construed to be outside of its scope.
15. If You claim that any document which is required to be produced by You in response
to any of the Requests for Production is privileged:
A. Identify the document’s title and general subject matter;
B. Identify the portion of the Request for Production to which the document is
otherwise responsive;
C. State the document’s date;
D. Identify all persons who participated in its preparation;
E. Identify the persons for whom it was prepared or to whom it was sent;
F. State the nature of the privilege claimed; and
G. State in detail each and every fact upon which You base Your claim for
privilege.
16. In those instances when requested information is stored only on software or other
data compilations, You should either produce the raw data along with all codes and
programs for translating it into usable form or produce the information in a finished
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usable form, which would include all necessary glossaries, keys, and indices for
interpretation of the material.
17. Possession, Custody and Control: As used in these requests means possession,
custody and control, including constructive possession, such that You need not have
actual physical possession of the document or thing, as long as You have a right
(superior to that of the requesting party) to compel the production from a third party
entity (including an agency, subsidiary, division, authority or representative) having
physical possession of the item.
18. If Your response is that responsive documents, writings or tangible things are not in
Your possession, custody or control, describe in detail the efforts You made to locate
the records and who does have control of such documents and things, if known, and
the location of such records. If the request seeks a document, writing or thing which
is not in Your possession or control, please provide any documents, writings or things
You have that contain all or part of the information sought in the request.
19. If any document requested has been lost, destroyed, discarded or otherwise disposed
of, please identify as completely as possible such document and indicate the date of
disposal, the manner of disposal, the reason for disposal, the person authorizing the
disposal and the identity of the person disposing such document.
20. Defendant’s responses should identify which writings are responsive to which
document request and the source of each writing. If a particular writing is responsive
to more than one request, it should be provided in the document request category to
which it is most responsive.
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FIRST SET OF REQUESTS FOR PRODUCTION TO DEFENDANT
REQUEST FOR PRODUCTION NO. 1
Produce all written demands You received from Plaintiff for payments sought in this Lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 2
Produce all invoices and requests for payment You received from Plaintiff during the
Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 3
Produce all documents and correspondence relating to or reflecting any communications
between You and Plaintiff during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 4
Produce all documents relating to or reflecting payments made by You to Plaintiff during the
Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 5
Produce all drafts of the Contract on which this Lawsuit is based.
RESPONSE:
REQUEST FOR PRODUCTION NO. 6
Produce any and all letters of representation between You and any owners of the Properties
made or entered into during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 7
Produce any and all documentation and correspondence between You and insurance policy
representatives covering each of the Properties during the Relevant Period.
RESPONSE:
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REQUEST FOR PRODUCTION NO. 8
Produce any and all internal documents and communications, including notes, emails,
correspondence, and other documents regarding the subject matter of this Lawsuit that are
not privileged by law.
RESPONSE:
REQUEST FOR PRODUCTION NO. 9
Produce any and all receipts or other documents evidencing payments made by You to
Plaintiff during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 10
Produce any and all documents evidencing Your management structure.
RESPONSE:
REQUEST FOR PRODUCTION NO. 11
Produce a copy of any and all agreements between You and Your attorney in this Lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 12
Produce any and all documents and communications between You and any third party that
is related to the subject matter of this Lawsuit that are not privileged by law.
RESPONSE:
REQUEST FOR PRODUCTION NO. 13
Produce any and all of Aron Lofton’s text messages and emails relating to the subject matter
of this Lawsuit that are not privileged by law.
RESPONSE:
REQUEST FOR PRODUCTION NO. 14
Produce a copy of Your email retention and deletion policies.
RESPONSE:
REQUEST FOR PRODUCTION NO. 15
Produce any and all internal correspondence regarding the Contract made during the
Relevant Period that are not privileged by law.
RESPONSE:
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REQUEST FOR PRODUCTION NO. 16
Produce any and all of Aron Lofton’s text messages and emails with MESS, SSS, and any of its
representatives during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 17
Produce any and all estimates received by You from Plaintiff during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO.18
Produce any and all documents evidencing payments, including advance payments, You
received from owners and insurers of any of the Properties during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 19
Produce any and all documents and communications exchanged between You and any
insurance company representative regarding the Properties during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 20
Produce any and all photographs, videotapes, audiotapes, or other electronic recording
depicting any matter related to the subject matter of this Lawsuit that are not privileged by
law.
RESPONSE:
REQUEST FOR PRODUCTION NO. 21
Produce any and all of Your databases and records relating to this Lawsuit that are not
privileged by law.
RESPONSE:
REQUEST FOR PRODUCTION NO. 22
Produce any and all written agreements or contracts, including any drafts, modifications,
supplements, amendments, contract renewals, and alterations thereto between You and
Plaintiff related to this Lawsuit.
RESPONSE:
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REQUEST FOR PRODUCTION NO. 23
Produce any and all documents exchanged, made, or entered into between You and Plaintiff
during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 24
Produce any and all trial exhibits You intend to use at any trial of this Lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 25
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Interrogatory No. 2.
RESPONSE:
REQUEST FOR PRODUCTION NO. 26
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Interrogatory No. 3.
RESPONSE:
REQUEST FOR PRODUCTION NO. 27
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Interrogatory No. 4.
RESPONSE:
REQUEST FOR PRODUCTION NO. 28
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Interrogatory No. 5.
RESPONSE:
REQUEST FOR PRODUCTION NO. 29
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 1.
RESPONSE:
REQUEST FOR PRODUCTION NO. 30
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 2.
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RESPONSE:
REQUEST FOR PRODUCTION NO. 31
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 3.
RESPONSE:
REQUEST FOR PRODUCTION NO. 32
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 4.
RESPONSE:
REQUEST FOR PRODUCTION NO. 33
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 5.
RESPONSE:
REQUEST FOR PRODUCTION NO. 34
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 6.
RESPONSE:
REQUEST FOR PRODUCTION NO. 35
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 7.
RESPONSE:
REQUEST FOR PRODUCTION NO. 36
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 8.
RESPONSE:
REQUEST FOR PRODUCTION NO. 37
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 9.
RESPONSE:
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REQUEST FOR PRODUCTION NO. 38
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 10.
RESPONSE:
REQUEST FOR PRODUCTION NO. 39
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 11.
RESPONSE:
REQUEST FOR PRODUCTION NO. 40
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 12.
RESPONSE:
REQUEST FOR PRODUCTION NO. 41
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 13.
RESPONSE:
REQUEST FOR PRODUCTION NO. 42
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 14.
RESPONSE:
REQUEST FOR PRODUCTION NO. 43
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 15.
RESPONSE:
REQUEST FOR PRODUCTION NO. 44
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 16.
RESPONSE:
REQUEST FOR PRODUCTION NO. 45
Produce any and all documents and materials You used or referenced when responding to
Plaintiff’s Request for Admission No. 17.
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RESPONSE:
REQUEST FOR PRODUCTION NO. 46
Produce copies of any and all documentation You have provided to or received from any
testifying expert witness in this matter including but not limited to all documentation
identified within Texas Rules of Civil Procedure 192.3(e), 194.2(f), and 195.
RESPONSE:
REQUEST FOR PRODUCTION NO. 47
Produce copies of any and all documentation You used or relied upon in Your responses to
all of Plaintiff’s Requests for Admissions in the course of this Lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 48
Produce copies of any and all documentation tangible things, reports, models, or data
compilations that have been provided to, reviewed by, or prepared by or for each of Your
testifying experts in anticipation of that testifying expert's testimony.
RESPONSE:
REQUEST FOR PRODUCTION NO. 49
Produce copies of any and all documentation tangible things, reports, models, or data
compilations that generally provide anticipated testimony for trial of that testifying expert's
opinions formed or made in connection with the Lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 50
Produce copies of any and all documentation tangible things, reports, models, or data
compilations that that identify any methods Your testifying experts used to derive their
opinions and mental impressions in connection with the Lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 51
Produce copies of any and all documentation tangible things, reports, models, or data
compilations that that identify any prior expert work in litigation (i.e., lawsuit name, cause
number, jurisdiction, whether a report was issued, whether deposed, whether testified in
court in each case) of Your testifying experts in connection with the Lawsuit.
RESPONSE:
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REQUEST FOR PRODUCTION NO. 52
Produce copies of any and all documentation tangible things, reports, models, publications,
scholarly articles, or data compilations that Your testifying experts in connection with the
Lawsuit have authored, scholarly reviewed, or contributed content to.
RESPONSE:
REQUEST FOR PRODUCTION NO. 53
Produce lists of any discovery authorized by Rule 192.3(e)where any consulting experts
whose mental impressions or opinions have been reviewed by a testifying expert. A full and
complete record should include a list of cases in which they testified and the value of witness
fees paid within the last five (5) years.
RESPONSE:
REQUEST FOR PRODUCTION NO. 54
Produce copies of any and all documentation tangible things, reports, models, publications,
scholarly articles, or data compilations that Your testifying experts in connection with the
Lawsuit have authored, scholarly reviewed, or contributed content to.
RESPONSE:
REQUEST FOR PRODUCTION NO. 55
Produce copies of any and all documentation You used or relied upon in Your responses to
all of Plaintiff’s Interrogatories in the course of this Lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 56
Produce copies of any and all documentation and materials You consulted before alleging
that Plaintiff is not licensed to perform public insurance adjusting services in Louisiana.
RESPONSE:
REQUEST FOR PRODUCTION NO. 57
Produce copies of any and all letters of public insurance adjusting representation You have
from MESS with regard to any of the Properties during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 58
Produce copies of any and all communications between Plaintiff and insurance adjusters on
Your behalf or regarding any of the Properties during the Relevant Period.
RESPONSE:
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REQUEST FOR PRODUCTION NO. 59
Produce copies of any and all meeting notes from any meeting at any of the Properties
between Plaintiff and insurance adjusters during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 60
Produce copies of any and all documents and materials You possess that document or
memorialize any negotiations by Plaintiff with any insurance company regarding any of the
Properties during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 61
Produce copies of any and all documents and materials You possess that document or
memorialize any negotiations by Plaintiff with any insurance adjuster(s) regarding any of
the Properties during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 62
Produce copies of any and all documents and materials You have addressing any insurance
determination of coverage regarding each of the Properties during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 63
Produce copies of any and all communications between You and each of the owners of the
Properties during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 64
Produce copies of any and all documents and materials You contend demonstrate deficient
performance by Plaintiff of its work for You pursuant to the Contract during the Relevant
Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 65
Produce copies of any and all documents and materials that You contend demonstrate
deficient duties of Plaintiff to You pursuant to the Contract during the Relevant Period that
You contend Plaintiff failed to fulfill.
RESPONSE:
14
REQUEST FOR PRODUCTION NO. 66
Produce copies of any and all communications, documents, and materials that You possess
that support Your fraud allegation in Your answer.
RESPONSE:
REQUEST FOR PRODUCTION NO. 67
Produce copies of any and all communications, documents, and materials that You possess
that support Your illegality allegation in Your answer.
RESPONSE:
REQUEST FOR PRODUCTION NO. 68
Produce copies of any and all communications, documents, and materials that You possess
that support Your fraud allegation in Your answer.
RESPONSE:
REQUEST FOR PRODUCTION NO. 69
Produce copies of any notices and communications You tendered to Plaintiff explaining the
basis for Your withholding of payment of the Outstanding Invoices prior to inception of this
Lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 70
Produce copies of any and all communications between Marcus Robbins and You during the
Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff.
RESPONSE:
REQUEST FOR PRODUCTION NO. 71
Produce copies of any and all communications between Michael Hopkins and You during the
Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff.
RESPONSE:
REQUEST FOR PRODUCTION NO. 72
Produce copies of any and all communications between Dena Evans and You during the
Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff.
RESPONSE:
15
REQUEST FOR PRODUCTION NO. 73
Produce copies of any and all communications between Michelle Guerrero and You during
the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff.
RESPONSE:
REQUEST FOR PRODUCTION NO. 74
Produce copies of any and all communications between Aron Lofton and You during the
Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff.
RESPONSE:
REQUEST FOR PRODUCTION NO. 75
Produce copies of any and all communications between Rosanna Segura and You during the
Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff.
RESPONSE:
REQUEST FOR PRODUCTION NO. 76
Produce copies of any and all communications between Marcus Robbins and any insurance
representative during the Relevant Period regarding the Properties, Contract, Plaintiff, and
payments to Plaintiff.
RESPONSE:
REQUEST FOR PRODUCTION NO. 77
Produce copies of any and all communications between Michael Hopkins and any insurance
representative during the Relevant Period regarding the Properties, Contract, Plaintiff, and
payments to Plaintiff.
RESPONSE:
REQUEST FOR PRODUCTION NO. 78
Produce copies of any and all communications between Dena Evans and any insurance
representative during the Relevant Period regarding the Properties, Contract, Plaintiff, and
payments to Plaintiff.
RESPONSE:
REQUEST FOR PRODUCTION NO. 79
Produce copies of any and all communications between Michelle Guerrero and any insurance
representative during the Relevant Period regarding the Properties, Contract, Plaintiff, and
payments to Plaintiff.
RESPONSE:
16
REQUEST FOR PRODUCTION NO. 80
Produce copies of any and all communications between Aron Lofton and any insurance
representative during the Relevant Period regarding the Properties, Contract, Plaintiff, and
payments to Plaintiff.
RESPONSE:
REQUEST FOR PRODUCTION NO. 81
Produce copies of any and all communications between Rosanna Segura and any insurance
representative during the Relevant Period regarding the Properties, Contract, Plaintiff, and
payments to Plaintiff.
RESPONSE:
REQUEST FOR PRODUCTION NO. 82
Produce copies of each contract You had with owners of each and every one of the Properties
during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 83
Produce copies of all insurance claim paperwork You received regarding each and every one
of the Properties during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 84
Produce copies of all correspondence and communications You had with owners of each and
every one of the Properties during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 85
Produce copies of all payments You received for each of the Properties that Plaintiff provided
You assistance with pursuant to the Contract during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 86
Produce copies of all documents and materials You contend demonstrate that additional
conditions precedent have yet to be performed before the Lawsuit upon the Contract during
the Relevant Period.
RESPONSE:
17
REQUEST FOR PRODUCTION NO. 87
Produce copies of all documents and materials You contend demonstrate evidence of any
fraudulent inducement related to the Contract or Lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 88
Produce copies of all documents and materials You contend demonstrate evidence of any
fraud in the performance of the Contract during the Relevant Period.
RESPONSE:
REQUEST FOR PRODUCTION NO. 89
Produce copies of all documents and materials You contend demonstrate evidence of any
affirmative defense of impossibility.
RESPONSE:
REQUEST FOR PRODUCTION NO. 90
Produce copies of all documents and materials You contend demonstrate evidence of any
affirmative defense of commercial impracticability.
RESPONSE:
REQUEST FOR PRODUCTION NO. 91
Produce copies of all documents and materials You contend demonstrate evidence of any
affirmative defense of laches.
RESPONSE:
REQUEST FOR PRODUCTION NO. 92
Produce copies of all documents and materials You contend demonstrate evidence of any
affirmative defense of accord.
RESPONSE:
REQUEST FOR PRODUCTION NO. 93
Produce copies of all documents and materials You contend demonstrate evidence of any
affirmative defense of satisfaction.
RESPONSE:
REQUEST FOR PRODUCTION NO. 94
Produce copies of all documents and materials You contend demonstrate evidence of any
limitation of Your liability to Plaintiff during the Relevant Period.
18
RESPONSE:
REQUEST FOR PRODUCTION NO. 95
Produce copies of all documents and materials containing Your communications with any
third party You expected to obtain compensation from during the Relevant Period that has
any relationship to the Contract or Plaintiff.
RESPONSE:
REQUEST FOR PRODUCTION NO. 96
Produce copies of all documents and materials You contend demonstrate evidence of the
affirmative defense of the Contract being illusory.
RESPONSE:
REQUEST FOR PRODUCTION NO. 97
Produce copies of all documents and materials You contend demonstrate evidence of the
affirmative defense of unconscionability.
RESPONSE:
REQUEST FOR PRODUCTION NO. 98
Produce copies of all documents and materials You contend demonstrate evidence of the
affirmative defense of violating public policy.
RESPONSE:
REQUEST FOR PRODUCTION NO. 99
Produce copies of all documents and materials You contend demonstrate evidence of the
affirmative defense of estoppel.
RESPONSE:
REQUEST FOR PRODUCTION NO. 100
Produce copies of all documents and materials You contend demonstrate evidence of the
affirmative defense of modification.
RESPONSE:
19
CASE NO. 22-DCV-297612
MORGAN ELITE SPECIALIST SERVICES, § IN THE DISTRICT COURT OF
LLC, §
§
Plaintiff, §
§ FORT BEND COUNTY, TEXAS
v. §
§
THD PARTNERS, LLC, §
§
Defendant. § 434th JUDICIAL DISTRICT
PLAINTIFF’S FIRST INTERROGATORIES TO
DEFENDANT THD PARTNERS, LLC
To: Defendant THD Partners, LLC through its attorneys of record, Andy J. Moon and
Nathaniel Corbett, 10010 San Pedro Ave, Ste 120, San Antonio, TX 78216 via
electronic service/email to amoon@talonlegal.com & ncorbett@talonlegal.com.
Pursuant to TEX. R. CIV. P. 196, Plaintiff Morgan Elite Specialist Services, LLC.
(“Plaintiff” or “MESS”), serves this First Set of Interrogatories to THD Partners, LLC (“THD”
or “Defendant”). Defendant’s responses shall be made separately and fully in writing.
Defendant’s responses shall be served on Plaintiff through its attorneys, Thane Tyler Sponsel
III et al at Sponsel Miller Greenberg PLLC, 50 Briar Hollow Lane, Suite 370 West, Houston,
Texas 77027 no later than 30 days after service of these requests.
Respectfully submitted,
SPONSEL MILLER GREENBERG PLLC
/s/ Thane Tyler Sponsel III____________
Thane Tyler Sponsel III (TBN: 24056361)
Allen Landon (TBN: 24091870)
50 Briar Hollow Lane, Suite 370 West
Houston, Texas 77027
(713) 892-5400 Telephone
(713) 892-5401 Facsimile
sponsel@smglawgroup.com
allen.landon@smglawgroup.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Plaintiff’s First Set of
Interrogatories to Defendant THD Partners, LLC have been served via email and eserve on
this 15th day of August 2023 upon the following:
Andrew J. Moon
Nathaniel Corbett
10010 San Pedro Ave, Ste 120
San Antonio, TX 78216
amoon@talonlegal.com
ncorbett@talonlegal.com
Attorneys for Defendant
THD Partners, LLC
/s/ Thane Tyler Sponsel III____________
Thane Tyler Sponsel III
2
INSTRUCTIONS AND DEFINITIONS
1. “Relevant Period” means July 1, 2020 to present.
2. “Plaintiff” and “MESS” means Morgan Elite Specialist Services, LLC and its
predecessors (including but not limited to Stand Strong Services LLC (“SSS”)),
successors, agents, employees, and representatives.
3. “You” or “Your” “THD” or “Defendant” means THD Partners, LLC and its predecessors,
successors, agents, employees, members, shareholders and representatives.
4. “Contract” means a certain Estimating and Consulting Agreement between Plaintiff
(formerly SSS) and THD Partners, LLC dated September 27, 2020.
5. The “Properties” means the certain properties upon which MESS and SSS performed
estimating and consulting services on Your behalf during the Relevant Period. Each
of the individual Properties is referred to generally as a “Property” and specifically
referenced with further detail within the Outstanding Invoices (Exhibit A.2 to
Plaintiff’s Petition).
6. “Lawsuit” means Cause No. 22-DCV-297612; Morgan Elite Specialist Services, LLC v.
THD Partners, LLC; In the 434th Judicial District Court of Fort Bend County, Texas.
7. “Outstanding Invoices” means the thirty-six (36) outstanding and overdue invoices
from MESS to You with a cumulative balance of $214,249.61 (excluding interest). The
Outstanding Invoices are attached to and incorporated in Plaintiff’s Petition as Exhibit
A.2.
8. “Demand” means the presuit presentment notice and demand letter that Plaintiff sent
You dated June 8, 2022.
9. The term “person” refers to a natural person, corporation, partnership, association,
government entity, and any other type of entity or institution whether formed for a
business purpose or any other purpose.
10. The te
Preview
CASE NO. 22 DCV 297612 MORGAN ELITE SPECIALIST SERVICES, LLC IN THE DISTRICT COURT OF § Plaintiff § § § § FORT BEND COUNTY, TEXAS THD PARTNERS, LLC § § Defendant § 434TH JUDICIAL DISTRICT PLAINTIFF MORGAN ELITE SPECIALIST SERVICES, LLC MOTION TO COMPEL DISCOVERY FROM DEFENDANT Plaintiff Morgan Elite Specialist Services, LLC MESS” Plaintiff”) hereby Moves to Compel Discovery (this “Motion from Defendant THD Partners, LLC THD” or Defendant”) following excessive objections that obscure responses and failure to produce responsive materials beyond 110 emails date. n support Plaintiff show BACKGROUND Plaintiff initiated this lawsuit September 29, 2022 after Defendant bilked Plaintiff out of $214,249.61 that it owed Plaintiff pursuant to contract Plaintiff has raised causes of action under suit on sworn account / breach of contract, promissory estoppel, and quantum meruit. Defendant answered in May 4, 2023 asserting affirmative defenses of void/ voidable/ illegal contract, fraudulent inducement, fraud, impossibility, commercial impracticability, laches, accord and satisfaction, failure to state a claim, insufficient consideration, illusory, unconscionability, violation of public policy, estoppel, and modification Plaintiff tendered disclosures July 19, 2023. THD provided disclosures August , 2023, but no production. On August 1 , 2023, Plaintiff tendered discovery in the form of requests for production, interrogatories, and requests for admissionto THD See Exhibit A , attached. On September 1 , 2023, Defendant tendered objections to Plaintiff’s discovery. SeeExhibit B (with production), Exhibit and Exhibit , attached. Upon receiving and reviewing Defendant’ objections and obscured responses, which came with only 110 pages of limited email production, Plaintiff raised concerns to Defendant via letterSee Exhibit E, attached. Defendant refuse to produce further relevan materials related to this dispute presumably as a dilatory tactic to delay trial that is set for March 27, 2024 by agreement of counsel and Order of this Court. See July 25, 2023 Agreed Docket Control Order, on record in this matter. Discovery is set to close February 27, 2023, and Plaintiff needs Defendant produce relevant materials in order for Plaintiff to properly prepare for depositions of witnesses for Defendant.As Exhibit E shows, Plaintiff has requested depositions of six (6) fact witnesses Given the foregoing concerns, Plaintiff seeks an order compelling production and overruling the excessive objections that obscure Defendant s responses. ARGUMENT AND AUTHORITIES Authorities supporting an Order Compelling Production and Overruling Objections Discovery may be obtained about any matter relevant to the subject matter of the case. 192.3(a). The purpose of discovery is to seek the truth, so disputes may be decided by what facts are revealed, not by what facts are concealed. Axelson, Inc. v. McIlhany, 798 S.W.2d 550, 555 (Tex. 1990) (citing Jampole v. Touchy, 73 S.W.2d 569, 573 (Tex. 1984)). Information is discoverable if it appears “reasonably calculated to lead to the discovery of admissible evidence.” 192.3(a) If a party fails to comply with proper discovery requests, the discovering party may move for an order compelling the PLAINTIFF MOTION TO COMPEL DISCOVERY Page of discovery. Id. at 215.1(b). The “relevant to the subject matter” and “reasonably calculated to lead to admissible evidence” tests are liberally construed to allow the litigants to obtain the fullest knowledge of the facts and issues prior to trial. Axelson, Inc. v. McIlhany, 798 S.W.2d 550, 553 (Tex. 1990). So long as requests appear reasonably calculated to lead to the discovery of admissible evidence, they are proper. 192.3.Plaintiff has made proper and reasonably limited discovery requests to Defendant, but objected and/or refused to respond to most discovery. Exhibit Plaintiff’s attempts to obtain discovery information and materials from Defendant As shown w ithin Exhibit B Exhibit C and Exhibit D, Defendant made numerous objections to key definitions within Exhibit A, and further raised numerous and confusing additional objections to almost every discovery request. See, Exhibit BExhibit . Without indicating whether Defendant believe there are many, if any responsive materials, Defendant has essentially asserted that Plaintiff must wait an unknown period of time for “a mutually agreeable date and time” to tenderresponsive production, if Defendant even elect to produce anything. This is ridiculous and clearly meant to delay progress of discovery, as counsel indicated within the deficiency letter and pre Motion attempt at conference, Exhibit E A party, upon reasonable notice to other parties and all other persons affected, may apply for sanctions and an order compelling discovery from a Court pursuant to Texas Rule of Civil Procedure 215. Under Rule 215.1, a party may move to compel discovery and for sanctions if another party fails to answer discovery, refuses to cooperate with deposition scheduling, and/or makes evasive or incomplete answers to discovery. 215.1(b)(e). “Counsel should not be excused from the requirements of the rule [ PLAINTIFF MOTION TO COMPEL DISCOVERY Page of 215] without a strict showing of good cause.” Alvarado v. Farah Mfg. Co. , 830 S.W.2d 911, 915 (Tex. 1992). A party can establish “good cause” by showing that the failure to timely or adequately respond was an accident or mistake, not intentional or the result of conscious indifference. Ramirez v. Noble Energy, Inc., 521 S.W.3d 851, 856 (Tex. App.Houston [1st Dist.] 2017, no pet.) (quoting Wheeler v. Green, 157 S.W.3d 439, 442 (Tex. 2005) (per curiam)).In an attempt to learn what extent of diligence Defendant and their counsel have performed thus far and further learn what materials have been withheld on assertions of privilege and trade secret, Plaintiff asked within Exhibit E for a privilege log and to know what makes THD unique from other contractors to merit trade secret assertions. Defendant not responded, presumably because not begun to review or compile materials beyond the bit of emails it sent Here, Defendant s improper insistence, after already being provided a month to compile responsive materials, that Plaintiff wait an additional unknown amount of days or more is a clear failure to cooperate with discovery and constitutes incomplete answers. Plaintiff asks that the Court compel production within no more than a fourtee days of an order compelling responses.Defendant’s withholding of materials and information related to its affirmative defenses and assertions made in the limited responses to interrogatories prevents Plaintiff from being able to properly or adequately prepare for depositions of Defendant’s fact witnesses. Additionally, a brief review of Defendant’ objections throughout Exh bit B, Exhibit C, and Exhibit D makes it clear that THD levied numerous confusing objections in bad faith that are obscured due to their excessive number. . 193.2(c)(e). Furthermore, even when parties make objection to discovery they have a duty to respond PLAINTIFF MOTION TO COMPEL DISCOVERY Page of when partially objecting. . 193.2(b). What Defendant ha tendered thus far fails to comply with that duty to partially respond. Many of Defendant s objections are improper and seem to rely on a presuit scrivener’s error that cannot supersede the terms of THD’s contract with MESS (formerly SSS). For these reasons, Plaintiff must seek relief from the Court before Defendant further delay or interfere with discovery in this matter. iscovery Sanctions If a motion to compel is granted, “the court shall, after opportunity for hearing, require a party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay, at such time as ordered by the court, the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.” Tex. R. Civ. P. 215.1(d) (emphasis added). The Court has the authority to award Plaintiff its attorneys' fees and expenses as a sanction and order THD to pay the same to Plaintiff under Rule 215.2(b)(8). A straightforward review of Exhibits A shows that Defendant intend to rely on objections and dilatory indications. Without sanctioning Defendant, further such tactics remain likely. Bear in mind, this is a dispute over a outstanding debt of $214,249.61that THD owes MESS The purpose of sanctions is to secure compliance with the Rules, to deter ture violations of the Rules, and to punish parties that violate the Rules. See Chrysler Corp. v. Blackmon, 841 S.W.2d 844, 849 (Tex. 1992). Defendant has failed to comply with the Rules, and Plaintiff is concerned that lack of punishment will invite additional violations. Plaintiff can and will provide supplemental briefing and evidence to the Court on attorney’s fee records following a hearing on this Motion in order to aid the calculation of sanctions. PLAINTIFF MOTION TO COMPEL DISCOVERY Page of III. CONCLUSION For the foregoing reasons, Morgan Elite Specialist Services, LLC asks the Court to GRANT this Motion to Compel, issue an Order compelling production within fourteen days of the date of the Order, overrule inapplicable or improper objections, compel privilege logs, and assess sanctions as merited Defendant has agreed to a discovery period that concludes on February 27, 2024, and a trial that is set March 27, 2024. Defendant clearly working to delay discovery and prevent Plaintiff from being able to prepare for depositions f fact witnesses. Plaintiff is not willing to sit idly by as Defendant needlessly delay development of discovery and increase costs of this lawsuit, therefore Plaintiff asks the Court to intervene now. PRAYER Plaintiff Morgan Elite Specialist Services, LLC prays that this Motion be GRANTED, that the Court issue an Order granting the relief requested above, and that the Court grant Plaintiff all other relief to which he may be justly entitled at law or in equity Respectfully submitted, SPONSEL MILLER GREENBERG PLLC /s/ Allen Landon____________________ Thane Tyler Sponsel III (TBN: 24056361) Allen Landon (TBN: 24091870) 50 Briar Hollow Lane, Suite 370 West Houston, Texas 77027 (713) 892 5400 Telephone (713) 892 01 Facsimile sponsel@smglawgroup.com allen.landon@smglawgroup.com ATTORNEYS FOR PLAINTIFF MORGAN ELITE SPECIALIST SERVICES, LLC PLAINTIFF MOTION TO COMPEL DISCOVERY Page of CERTIFICATE OF CONFERENCE I hereby certify that prior to filing this Motion I communicated with counsel for Defendant as shown within Exhibit E in attempts to reach an amicable resolution without invoking the Court, but of filing this Motion counsel for the parties involved have been unable to effectively resolve Plaintiff’s discovery concerns, therefore Plaintiff must presume the Defendant opposed to the present Motion and relief sought therein /s/ Allen Landon Allen Landon CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff’s Motion to Compel Discovery has been served upon all counsel of record on this 5th day of September /s/ Allen Landon PLAINTIFF MOTION TO COMPEL DISCOVERY Page of A CAUSE NO. 22-DCV-297612 MORGAN ELITE SPECIALIST § IN THE DISTRICT COURT OF SERVICES, LLC., § § Plaintiff, § § FORT BEND COUNTY, TEXAS v. § § THD PARTNERS, LLC § § Defendant. § 434th JUDICIAL DISTRICT PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION TO DEFENDANT THD PARTNERS, LLC To: Defendant THD Partners, LLC through its attorneys of record, Andy J. Moon and Nathaniel Corbett, 10010 San Pedro Ave, Ste 120, San Antonio, TX 78216 via electronic service/email to amoon@talonlegal.com & ncorbett@talonlegal.com. Pursuant to TEX. R. CIV. P. 196, Plaintiff Morgan Elite Specialist Services, LLC. (“Plaintiff” or “MESS”) serves this First Set of Requests for Production to Defendant THD Partners, LLC (“THD” or “Defendant”). Defendant shall produce for inspection and copying, the documents, writings, or tangible things that are within its possession, custody or control, or within the possession, custody or control of Defendant’s attorney, representatives, or agents and that are responsive to the requests submitted herein. Defendant’s responses shall be made separately and fully in writing. Defendant’s responses and production of documents shall be served on Plaintiff through its attorneys, Thane Tyler Sponsel III et al at Sponsel Miller Greenberg PLLC, 50 Briar Hollow Lane, Suite 370 West, Houston, Texas 77027 no later than 30 days after service of these requests. Respectfully submitted, SPONSEL MILLER GREENBERG PLLC 1 /s/ Thane Tyler Sponsel III_________________ Thane Tyler Sponsel III (TBN: 24056361) Allen Landon (TBN: 24091870) 50 Briar Hollow Lane, Suite 370 West Houston, Texas 77027 (713) 892-5400 Telephone (713) 892-5401 Facsimile sponsel@smglawgroup.com allen.landon@smglawgroup.com ATTORNEYS FOR PLAINTIFF, MORGAN ELITE SPECIALIST SERVICES, LLC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff’s First Set of Requests for Production to Defendant THD Partners, LLC have been served via e-mail and eserve on this 15th day of August 2023 upon the following: Andrew J. Moon amoon@talonlegal.com Nathaniel Corbett ncorbett@talonlegal.com 10010 San Pedro Ave, Ste 120 San Antonio, TX 78216 O: 210.942.2500 F: 210.899.0971 Attorney for Defendant, THD Partners, LLC /s/ Thane Tyler Sponsel III____________ Thane Tyler Sponsel III 2 INSTRUCTIONS AND DEFINITIONS These document requests are continuing in nature and Defendant is required to periodically provide by way of supplementary responses such additional documents as it or any person acting on its behalf may herein discover and which are responsive to any of the requests for production contained herein. 1. “Relevant Period” means July 1, 2020 to present. 2. “Plaintiff” and “MESS” means Morgan Elite Specialist Services, LLC and its predecessors (including but not limited to Stand Strong Services LLC (“SSS”)), successors, agents, employees, and representatives. 3. “You” or “Your” “THD” or “Defendant” means THD Partners, LLC and its predecessors, successors, agents, employees, members, shareholders and representatives. 4. “Contract” means a certain Estimating and Consulting Agreement between Plaintiff (formerly SSS) and THD Partners, LLC dated September 27, 2020. 5. The “Properties” means the certain properties upon which MESS and SSS performed estimating and consulting services on Your behalf during the Relevant Period. Each of the individual Properties is referred to generally as a “Property” and specifically referenced with further detail within the Outstanding Invoices (Exhibit A.2 to Plaintiff’s Petition). 6. “Lawsuit” means Cause No. 22-DCV-297612; Morgan Elite Specialist Services, LLC v. THD Partners, LLC; In the 434th Judicial District Court of Fort Bend County, Texas. 7. “Outstanding Invoices” means the thirty-six (36) outstanding and overdue invoices from MESS to You with a cumulative balance of $214,249.61 (excluding interest). The Outstanding Invoices are attached to and incorporated in Plaintiff’s Petition as Exhibit A.2. 8. “Demand” means the presuit presentment notice and demand letter that Plaintiff sent You dated June 8, 2022. 9. The term “person” refers to a natural person, corporation, partnership, association, government entity, and any other type of entity or institution whether formed for a business purpose or any other purpose. 10. The term “relate to,” “related to,” or “relating to” means constituting, concerning, mentioning, referring to, reflecting, describing, embodying, showing, discussing, evidencing, supporting, negating, or in any way pertaining to. 3 11. The term “document” includes any written, recorded, or graphic matter, however produced or reproduced, of every kind and regardless of where located including, but not limited to, any contract, application, policy, rider, endorsement, exclusion, summary, schedule, memorandum, note, handwritten note, statement, letter, e-mail, telegram, interoffice communication, report, diary, ledger, journal, log, survey, desk or pocket calendar or notebook, day book, appointment book, pamphlet, periodical, work sheet, cost sheet, list, graph, chart, index, tape, record, partial or complete report of telephone or oral conversation, compilation, tabulation, study, analysis, transcript, minutes, accounting records, invoice, purchase order, data sheet, data processing card or tape, computer printout, computer disk, and all other memorials of any conversation, meetings and conferences, by telephone or otherwise, any other writing or recording which is in Your possession, custody or control or in the possession, custody or control of any director, officer, employee, servant or agent or yours or Your attorneys. The term “documents” also includes the files in which these documents are maintained. 12. The term “documents” also includes the original, or a duplicate if the original is not available, and each non-identical copy, whether different from the original or another copy by virtue of notes made or otherwise. 13. The terms “state” or “describe” mean answer with specificity each and every fact, ultimate fact, circumstance, incident, act, omission, event, and date that relates or otherwise pertains to the matters inquired in the request. 14. The terms “and” and “or” shall be construed either as disjunctive or conjunctive as necessary to bring within the scope of any request all responses which otherwise might be construed to be outside of its scope. 15. If You claim that any document which is required to be produced by You in response to any of the Requests for Production is privileged: A. Identify the document’s title and general subject matter; B. Identify the portion of the Request for Production to which the document is otherwise responsive; C. State the document’s date; D. Identify all persons who participated in its preparation; E. Identify the persons for whom it was prepared or to whom it was sent; F. State the nature of the privilege claimed; and G. State in detail each and every fact upon which You base Your claim for privilege. 16. In those instances when requested information is stored only on software or other data compilations, You should either produce the raw data along with all codes and programs for translating it into usable form or produce the information in a finished 4 usable form, which would include all necessary glossaries, keys, and indices for interpretation of the material. 17. Possession, Custody and Control: As used in these requests means possession, custody and control, including constructive possession, such that You need not have actual physical possession of the document or thing, as long as You have a right (superior to that of the requesting party) to compel the production from a third party entity (including an agency, subsidiary, division, authority or representative) having physical possession of the item. 18. If Your response is that responsive documents, writings or tangible things are not in Your possession, custody or control, describe in detail the efforts You made to locate the records and who does have control of such documents and things, if known, and the location of such records. If the request seeks a document, writing or thing which is not in Your possession or control, please provide any documents, writings or things You have that contain all or part of the information sought in the request. 19. If any document requested has been lost, destroyed, discarded or otherwise disposed of, please identify as completely as possible such document and indicate the date of disposal, the manner of disposal, the reason for disposal, the person authorizing the disposal and the identity of the person disposing such document. 20. Defendant’s responses should identify which writings are responsive to which document request and the source of each writing. If a particular writing is responsive to more than one request, it should be provided in the document request category to which it is most responsive. 5 FIRST SET OF REQUESTS FOR PRODUCTION TO DEFENDANT REQUEST FOR PRODUCTION NO. 1 Produce all written demands You received from Plaintiff for payments sought in this Lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 2 Produce all invoices and requests for payment You received from Plaintiff during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 3 Produce all documents and correspondence relating to or reflecting any communications between You and Plaintiff during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 4 Produce all documents relating to or reflecting payments made by You to Plaintiff during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 5 Produce all drafts of the Contract on which this Lawsuit is based. RESPONSE: REQUEST FOR PRODUCTION NO. 6 Produce any and all letters of representation between You and any owners of the Properties made or entered into during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 7 Produce any and all documentation and correspondence between You and insurance policy representatives covering each of the Properties during the Relevant Period. RESPONSE: 6 REQUEST FOR PRODUCTION NO. 8 Produce any and all internal documents and communications, including notes, emails, correspondence, and other documents regarding the subject matter of this Lawsuit that are not privileged by law. RESPONSE: REQUEST FOR PRODUCTION NO. 9 Produce any and all receipts or other documents evidencing payments made by You to Plaintiff during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 10 Produce any and all documents evidencing Your management structure. RESPONSE: REQUEST FOR PRODUCTION NO. 11 Produce a copy of any and all agreements between You and Your attorney in this Lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 12 Produce any and all documents and communications between You and any third party that is related to the subject matter of this Lawsuit that are not privileged by law. RESPONSE: REQUEST FOR PRODUCTION NO. 13 Produce any and all of Aron Lofton’s text messages and emails relating to the subject matter of this Lawsuit that are not privileged by law. RESPONSE: REQUEST FOR PRODUCTION NO. 14 Produce a copy of Your email retention and deletion policies. RESPONSE: REQUEST FOR PRODUCTION NO. 15 Produce any and all internal correspondence regarding the Contract made during the Relevant Period that are not privileged by law. RESPONSE: 7 REQUEST FOR PRODUCTION NO. 16 Produce any and all of Aron Lofton’s text messages and emails with MESS, SSS, and any of its representatives during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 17 Produce any and all estimates received by You from Plaintiff during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO.18 Produce any and all documents evidencing payments, including advance payments, You received from owners and insurers of any of the Properties during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 19 Produce any and all documents and communications exchanged between You and any insurance company representative regarding the Properties during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 20 Produce any and all photographs, videotapes, audiotapes, or other electronic recording depicting any matter related to the subject matter of this Lawsuit that are not privileged by law. RESPONSE: REQUEST FOR PRODUCTION NO. 21 Produce any and all of Your databases and records relating to this Lawsuit that are not privileged by law. RESPONSE: REQUEST FOR PRODUCTION NO. 22 Produce any and all written agreements or contracts, including any drafts, modifications, supplements, amendments, contract renewals, and alterations thereto between You and Plaintiff related to this Lawsuit. RESPONSE: 8 REQUEST FOR PRODUCTION NO. 23 Produce any and all documents exchanged, made, or entered into between You and Plaintiff during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 24 Produce any and all trial exhibits You intend to use at any trial of this Lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 25 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Interrogatory No. 2. RESPONSE: REQUEST FOR PRODUCTION NO. 26 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Interrogatory No. 3. RESPONSE: REQUEST FOR PRODUCTION NO. 27 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Interrogatory No. 4. RESPONSE: REQUEST FOR PRODUCTION NO. 28 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Interrogatory No. 5. RESPONSE: REQUEST FOR PRODUCTION NO. 29 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 1. RESPONSE: REQUEST FOR PRODUCTION NO. 30 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 2. 9 RESPONSE: REQUEST FOR PRODUCTION NO. 31 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 3. RESPONSE: REQUEST FOR PRODUCTION NO. 32 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 4. RESPONSE: REQUEST FOR PRODUCTION NO. 33 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 5. RESPONSE: REQUEST FOR PRODUCTION NO. 34 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 6. RESPONSE: REQUEST FOR PRODUCTION NO. 35 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 7. RESPONSE: REQUEST FOR PRODUCTION NO. 36 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 8. RESPONSE: REQUEST FOR PRODUCTION NO. 37 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 9. RESPONSE: 10 REQUEST FOR PRODUCTION NO. 38 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 10. RESPONSE: REQUEST FOR PRODUCTION NO. 39 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 11. RESPONSE: REQUEST FOR PRODUCTION NO. 40 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 12. RESPONSE: REQUEST FOR PRODUCTION NO. 41 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 13. RESPONSE: REQUEST FOR PRODUCTION NO. 42 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 14. RESPONSE: REQUEST FOR PRODUCTION NO. 43 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 15. RESPONSE: REQUEST FOR PRODUCTION NO. 44 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 16. RESPONSE: REQUEST FOR PRODUCTION NO. 45 Produce any and all documents and materials You used or referenced when responding to Plaintiff’s Request for Admission No. 17. 11 RESPONSE: REQUEST FOR PRODUCTION NO. 46 Produce copies of any and all documentation You have provided to or received from any testifying expert witness in this matter including but not limited to all documentation identified within Texas Rules of Civil Procedure 192.3(e), 194.2(f), and 195. RESPONSE: REQUEST FOR PRODUCTION NO. 47 Produce copies of any and all documentation You used or relied upon in Your responses to all of Plaintiff’s Requests for Admissions in the course of this Lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 48 Produce copies of any and all documentation tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for each of Your testifying experts in anticipation of that testifying expert's testimony. RESPONSE: REQUEST FOR PRODUCTION NO. 49 Produce copies of any and all documentation tangible things, reports, models, or data compilations that generally provide anticipated testimony for trial of that testifying expert's opinions formed or made in connection with the Lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 50 Produce copies of any and all documentation tangible things, reports, models, or data compilations that that identify any methods Your testifying experts used to derive their opinions and mental impressions in connection with the Lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 51 Produce copies of any and all documentation tangible things, reports, models, or data compilations that that identify any prior expert work in litigation (i.e., lawsuit name, cause number, jurisdiction, whether a report was issued, whether deposed, whether testified in court in each case) of Your testifying experts in connection with the Lawsuit. RESPONSE: 12 REQUEST FOR PRODUCTION NO. 52 Produce copies of any and all documentation tangible things, reports, models, publications, scholarly articles, or data compilations that Your testifying experts in connection with the Lawsuit have authored, scholarly reviewed, or contributed content to. RESPONSE: REQUEST FOR PRODUCTION NO. 53 Produce lists of any discovery authorized by Rule 192.3(e)where any consulting experts whose mental impressions or opinions have been reviewed by a testifying expert. A full and complete record should include a list of cases in which they testified and the value of witness fees paid within the last five (5) years. RESPONSE: REQUEST FOR PRODUCTION NO. 54 Produce copies of any and all documentation tangible things, reports, models, publications, scholarly articles, or data compilations that Your testifying experts in connection with the Lawsuit have authored, scholarly reviewed, or contributed content to. RESPONSE: REQUEST FOR PRODUCTION NO. 55 Produce copies of any and all documentation You used or relied upon in Your responses to all of Plaintiff’s Interrogatories in the course of this Lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 56 Produce copies of any and all documentation and materials You consulted before alleging that Plaintiff is not licensed to perform public insurance adjusting services in Louisiana. RESPONSE: REQUEST FOR PRODUCTION NO. 57 Produce copies of any and all letters of public insurance adjusting representation You have from MESS with regard to any of the Properties during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 58 Produce copies of any and all communications between Plaintiff and insurance adjusters on Your behalf or regarding any of the Properties during the Relevant Period. RESPONSE: 13 REQUEST FOR PRODUCTION NO. 59 Produce copies of any and all meeting notes from any meeting at any of the Properties between Plaintiff and insurance adjusters during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 60 Produce copies of any and all documents and materials You possess that document or memorialize any negotiations by Plaintiff with any insurance company regarding any of the Properties during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 61 Produce copies of any and all documents and materials You possess that document or memorialize any negotiations by Plaintiff with any insurance adjuster(s) regarding any of the Properties during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 62 Produce copies of any and all documents and materials You have addressing any insurance determination of coverage regarding each of the Properties during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 63 Produce copies of any and all communications between You and each of the owners of the Properties during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 64 Produce copies of any and all documents and materials You contend demonstrate deficient performance by Plaintiff of its work for You pursuant to the Contract during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 65 Produce copies of any and all documents and materials that You contend demonstrate deficient duties of Plaintiff to You pursuant to the Contract during the Relevant Period that You contend Plaintiff failed to fulfill. RESPONSE: 14 REQUEST FOR PRODUCTION NO. 66 Produce copies of any and all communications, documents, and materials that You possess that support Your fraud allegation in Your answer. RESPONSE: REQUEST FOR PRODUCTION NO. 67 Produce copies of any and all communications, documents, and materials that You possess that support Your illegality allegation in Your answer. RESPONSE: REQUEST FOR PRODUCTION NO. 68 Produce copies of any and all communications, documents, and materials that You possess that support Your fraud allegation in Your answer. RESPONSE: REQUEST FOR PRODUCTION NO. 69 Produce copies of any notices and communications You tendered to Plaintiff explaining the basis for Your withholding of payment of the Outstanding Invoices prior to inception of this Lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 70 Produce copies of any and all communications between Marcus Robbins and You during the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff. RESPONSE: REQUEST FOR PRODUCTION NO. 71 Produce copies of any and all communications between Michael Hopkins and You during the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff. RESPONSE: REQUEST FOR PRODUCTION NO. 72 Produce copies of any and all communications between Dena Evans and You during the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff. RESPONSE: 15 REQUEST FOR PRODUCTION NO. 73 Produce copies of any and all communications between Michelle Guerrero and You during the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff. RESPONSE: REQUEST FOR PRODUCTION NO. 74 Produce copies of any and all communications between Aron Lofton and You during the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff. RESPONSE: REQUEST FOR PRODUCTION NO. 75 Produce copies of any and all communications between Rosanna Segura and You during the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff. RESPONSE: REQUEST FOR PRODUCTION NO. 76 Produce copies of any and all communications between Marcus Robbins and any insurance representative during the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff. RESPONSE: REQUEST FOR PRODUCTION NO. 77 Produce copies of any and all communications between Michael Hopkins and any insurance representative during the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff. RESPONSE: REQUEST FOR PRODUCTION NO. 78 Produce copies of any and all communications between Dena Evans and any insurance representative during the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff. RESPONSE: REQUEST FOR PRODUCTION NO. 79 Produce copies of any and all communications between Michelle Guerrero and any insurance representative during the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff. RESPONSE: 16 REQUEST FOR PRODUCTION NO. 80 Produce copies of any and all communications between Aron Lofton and any insurance representative during the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff. RESPONSE: REQUEST FOR PRODUCTION NO. 81 Produce copies of any and all communications between Rosanna Segura and any insurance representative during the Relevant Period regarding the Properties, Contract, Plaintiff, and payments to Plaintiff. RESPONSE: REQUEST FOR PRODUCTION NO. 82 Produce copies of each contract You had with owners of each and every one of the Properties during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 83 Produce copies of all insurance claim paperwork You received regarding each and every one of the Properties during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 84 Produce copies of all correspondence and communications You had with owners of each and every one of the Properties during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 85 Produce copies of all payments You received for each of the Properties that Plaintiff provided You assistance with pursuant to the Contract during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 86 Produce copies of all documents and materials You contend demonstrate that additional conditions precedent have yet to be performed before the Lawsuit upon the Contract during the Relevant Period. RESPONSE: 17 REQUEST FOR PRODUCTION NO. 87 Produce copies of all documents and materials You contend demonstrate evidence of any fraudulent inducement related to the Contract or Lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 88 Produce copies of all documents and materials You contend demonstrate evidence of any fraud in the performance of the Contract during the Relevant Period. RESPONSE: REQUEST FOR PRODUCTION NO. 89 Produce copies of all documents and materials You contend demonstrate evidence of any affirmative defense of impossibility. RESPONSE: REQUEST FOR PRODUCTION NO. 90 Produce copies of all documents and materials You contend demonstrate evidence of any affirmative defense of commercial impracticability. RESPONSE: REQUEST FOR PRODUCTION NO. 91 Produce copies of all documents and materials You contend demonstrate evidence of any affirmative defense of laches. RESPONSE: REQUEST FOR PRODUCTION NO. 92 Produce copies of all documents and materials You contend demonstrate evidence of any affirmative defense of accord. RESPONSE: REQUEST FOR PRODUCTION NO. 93 Produce copies of all documents and materials You contend demonstrate evidence of any affirmative defense of satisfaction. RESPONSE: REQUEST FOR PRODUCTION NO. 94 Produce copies of all documents and materials You contend demonstrate evidence of any limitation of Your liability to Plaintiff during the Relevant Period. 18 RESPONSE: REQUEST FOR PRODUCTION NO. 95 Produce copies of all documents and materials containing Your communications with any third party You expected to obtain compensation from during the Relevant Period that has any relationship to the Contract or Plaintiff. RESPONSE: REQUEST FOR PRODUCTION NO. 96 Produce copies of all documents and materials You contend demonstrate evidence of the affirmative defense of the Contract being illusory. RESPONSE: REQUEST FOR PRODUCTION NO. 97 Produce copies of all documents and materials You contend demonstrate evidence of the affirmative defense of unconscionability. RESPONSE: REQUEST FOR PRODUCTION NO. 98 Produce copies of all documents and materials You contend demonstrate evidence of the affirmative defense of violating public policy. RESPONSE: REQUEST FOR PRODUCTION NO. 99 Produce copies of all documents and materials You contend demonstrate evidence of the affirmative defense of estoppel. RESPONSE: REQUEST FOR PRODUCTION NO. 100 Produce copies of all documents and materials You contend demonstrate evidence of the affirmative defense of modification. RESPONSE: 19 CASE NO. 22-DCV-297612 MORGAN ELITE SPECIALIST SERVICES, § IN THE DISTRICT COURT OF LLC, § § Plaintiff, § § FORT BEND COUNTY, TEXAS v. § § THD PARTNERS, LLC, § § Defendant. § 434th JUDICIAL DISTRICT PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT THD PARTNERS, LLC To: Defendant THD Partners, LLC through its attorneys of record, Andy J. Moon and Nathaniel Corbett, 10010 San Pedro Ave, Ste 120, San Antonio, TX 78216 via electronic service/email to amoon@talonlegal.com & ncorbett@talonlegal.com. Pursuant to TEX. R. CIV. P. 196, Plaintiff Morgan Elite Specialist Services, LLC. (“Plaintiff” or “MESS”), serves this First Set of Interrogatories to THD Partners, LLC (“THD” or “Defendant”). Defendant’s responses shall be made separately and fully in writing. Defendant’s responses shall be served on Plaintiff through its attorneys, Thane Tyler Sponsel III et al at Sponsel Miller Greenberg PLLC, 50 Briar Hollow Lane, Suite 370 West, Houston, Texas 77027 no later than 30 days after service of these requests. Respectfully submitted, SPONSEL MILLER GREENBERG PLLC /s/ Thane Tyler Sponsel III____________ Thane Tyler Sponsel III (TBN: 24056361) Allen Landon (TBN: 24091870) 50 Briar Hollow Lane, Suite 370 West Houston, Texas 77027 (713) 892-5400 Telephone (713) 892-5401 Facsimile sponsel@smglawgroup.com allen.landon@smglawgroup.com ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff’s First Set of Interrogatories to Defendant THD Partners, LLC have been served via email and eserve on this 15th day of August 2023 upon the following: Andrew J. Moon Nathaniel Corbett 10010 San Pedro Ave, Ste 120 San Antonio, TX 78216 amoon@talonlegal.com ncorbett@talonlegal.com Attorneys for Defendant THD Partners, LLC /s/ Thane Tyler Sponsel III____________ Thane Tyler Sponsel III 2 INSTRUCTIONS AND DEFINITIONS 1. “Relevant Period” means July 1, 2020 to present. 2. “Plaintiff” and “MESS” means Morgan Elite Specialist Services, LLC and its predecessors (including but not limited to Stand Strong Services LLC (“SSS”)), successors, agents, employees, and representatives. 3. “You” or “Your” “THD” or “Defendant” means THD Partners, LLC and its predecessors, successors, agents, employees, members, shareholders and representatives. 4. “Contract” means a certain Estimating and Consulting Agreement between Plaintiff (formerly SSS) and THD Partners, LLC dated September 27, 2020. 5. The “Properties” means the certain properties upon which MESS and SSS performed estimating and consulting services on Your behalf during the Relevant Period. Each of the individual Properties is referred to generally as a “Property” and specifically referenced with further detail within the Outstanding Invoices (Exhibit A.2 to Plaintiff’s Petition). 6. “Lawsuit” means Cause No. 22-DCV-297612; Morgan Elite Specialist Services, LLC v. THD Partners, LLC; In the 434th Judicial District Court of Fort Bend County, Texas. 7. “Outstanding Invoices” means the thirty-six (36) outstanding and overdue invoices from MESS to You with a cumulative balance of $214,249.61 (excluding interest). The Outstanding Invoices are attached to and incorporated in Plaintiff’s Petition as Exhibit A.2. 8. “Demand” means the presuit presentment notice and demand letter that Plaintiff sent You dated June 8, 2022. 9. The term “person” refers to a natural person, corporation, partnership, association, government entity, and any other type of entity or institution whether formed for a business purpose or any other purpose. 10. The te