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FILED
7/2/2021 7:00 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Jeremy Jones DEPUTY
CAUSE NO. DC-19-19662
SAMUEL AN SLEY, IN THE DISTRICT COURT
Plaintiff
V.
95TH JUDICIAL DISTRICT
ALLSTATE VEHICLE AND
PROPERTY INSURANCE
COMPANY,
Defendant. DALLAS COUNTY, TEXAS
PLAINTIFF’S OBJECTIONS AND ANSWERS TO
DEFENDANT’S FIRST SET OF INTERROGATORIES
TO: DEFENDANT ALLSTATE VEHICLE AND PROPERTY INSURANCE
COMPANY (hereinafter “Defendant”), by and through its counsel of record:
LISA CHASTAIN & ASSOCIATES
Joshua Weems
TBN: 24051502
1201 Elm Street, Suite 5050
Dallas, TX
75270E
DallasLegal@allstate.c0m
In accordance with the Florida Rules of Civil Procedure, PLAINTIFF SAMUEL
ANSLEY (hereinafter “Plaintiff’) serves these Objections and Answers to Defendant’s Initial
Interrogatories. Plaintiff reserves the right to supplement his answers in accordance with the Texas
Rules of Civil Procedure.
Respectfully submitted,
[Signature on following page]
Plaintifl’s Objections and Answers t0 Defendant’s First Set 0fInterr0gat0ries Page 1
/s/ Calsie M. Bovd
McCLENNY MOSELEY & ASSOCIATES,
PLLC
Calsie M. Boyd
State Bar N0. 24103802
1415 Louisiana Street
Suite No. 2900
Houston, TX 77002
Ca15ie@mma-pllc.com
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that on July 2, 2021 a true and correct copy of the foregoing was sent as
indicated below, in accordance with the Texas Rules of Civil Procedure, to the following parties:
LISA CHASTAIN & ASSOCIATES
Joshua Weems
TBN: 24051502
1201 Elm Street, Suite 5050
Dallas, TX 75270E
DallasLegal@allstate.com
By: /s/ Calsie M. Boyd
CALSIE M. BOYD
Plaintifl’s Objections and Answers t0 Defendant’s First Set 0fInterr0gat0ries Page 2
PLAINTIFF’S OBJECTIONS AND ANSWERS TO
DEFENDANT’S FIRST SET OF INTERROGATORIES
INTERROGATORY NO. 1. Please state:
your name and other names by which you have been known (including
a.
maiden name where applicable);
b. date of birth;
c. residence address and telephone number for the last five (5) years; &
d. current driver‘s license number and state of issuance.
ANSWER: Plaintiff objects to this request on the grounds that it seeks
information that is outside the scope 0f discovery as Plaintiff’s
phone number is not relevant t0 the subject matter 0f the suit
and is not likely t0 lead t0 the discovery 0f admissible evidence.
Tex. R. Civ. P. 192.3(a). Further, Plaintiff objects to this
interrogatory as it violates Plaintiff’s right to privacy.
Samuel Ansley
5523 Bentgreen Drive
Dallas, Texas 75248
Driver’s License No. “”3989
Date of Birth: 05/04/1959
INTERROGATORY NO. A Please identify all persons or entities with an ownership
interest in the property made the basis of this lawsuit, including any lienholders.
ANSWER: Myself, Kelly Ansley, PNC Mortgage Company
INTERROGATORY NO. 3. Please state the name, address, and telephone number of all
persons residing at the property made the basis of this lawsuit on the date of the loss.
ANSWER: Plaintiff objects to this request on the grounds that it seeks
information that is outside the scope of discovery as Plaintiff’s
phone number is not relevant to the subject matter of the suit
and is not likely to lead to the discovery of admissible evidence.
Plaintifl’s Objections and Answers to Defendant’s First Set ofInterrogatories Page 3
Tex. R. Civ. P. 192.3(a). Further, Plaintiff objects to this
interrogatory as it violates Plaintiff’s right t0 privacy.
Subject t0, and without waiver of the foregoing objections,
Plaintiff responds as follows:
Myself and Kelly Ansley
5523 Bentgreen Drive
Dallas, Texas 75248
INTERROGATORY NO. 4. Please state the name, address, and telephone number of all
persons who have inspected the property or provided repair estimates as a result of the loss
made the basis of this lawsuit.
ANSWER: Plaintiff objects to this interrogatory/request as premature
because it requests information that will not be known until
after additional discovery is completed. This interrogatory will
be answered promptly once additional discovery is completed.
See Tex. R. Civ. P. 193.1.
Subject to, and without waiver of the foregoing objections,
Plaintiff answers as follows:
National Public Adjusting, LLC
7016 Cochran Street
Houston, TX 77002
713-714-2489
INTERROGATORY NO. 5. Describe in your own words the damage that you claim
occurred to your property due to the weather event made the basis of this suit.
ANSWER: Plaintiff objects to this Interrogatory as unduly burdensome
and overly broad because it calls for expert opinions and a
narrative response. The information sought is better suited to
other forms of discovery, such as depositions, and by reviewing
documents produced in response to requests for production.
Tex. R. Civ. P. 192.4, 197.1.
Subject to, and without waiver of the foregoing objections,
Plaintiff answers as follows: See Plaintiff’s Original Petition
Plaintifl’s Objections and Answers to Defendant’s First Set ofInterrogatories Page 4
(ANSLEY 000236-000255), Demand (AN SLEY 000226-000232)
& Proof of Loss (ANSLEY 000233-000235). Plaintiff will
supplement his Answer to this Interrogatory after receipt of an
engineering report.
INTERROGATORY NO. 6. State how and when you first submitted your (sworn) proof
of loss to the Defendant for the subject claim.
ANSWER: Plaintiff objects to this Interrogatory as it calls for a narrative
response that would be more appropriate for other forms of
discovery, such as deposition or requests for production. TEX.
R. CIV. P. 192.3, 197.1.
Subject to and without waiver of the foregoing objections,
Plaintiff responds as follows: See Proof of Loss (ANSLEY
000233-000235).
INTERROGATORY NO. 7. Please list any admissions made by or on behalf of the
Defendants or any agent/representative of Defendants regarding the subject incident made
the basis of this lawsuit (storm occurring at your residence, as well as any aspect of the
damages you claim were sustained to your home/residence), including, but not limited to,
any social media sources responsive to this interrogatory.
ANSWER: Plaintiff objects to this Interrogatory as it calls for a narrative
response that would be more appropriate for other forms of
discovery, such as deposition or requests for production. Tex. R.
Civ. P. 192.3(c), 197.1.
Subject to and without waiver of the foregoing objections,
Plaintiff responds as follows: None.
INTERROGATORY NO. 8. If
you have received any money in compensation for
damages arising from the incident in question, (including, but not limited to, property
damage), please state the amounts received and the name and address of the person or
organization that paid such amount(s).
ANSWER: Plaintiff objects to this request on the grounds that it is overly
broad as it is not limited in time, location, or scope. Further,
Plaintifl’s Objections and Answers to Defendant’s First Set ofInterrogatories Page 5
Plaintiff objects to this request as it is vague, ambiguous, and
lacks specificity.
Subject to and without waiver of the foregoing objections,
Plaintiff responds as follows: Plaintiff has not received
compensation for damages that are the subject of this lawsuit.
INTERROGATORY NO. 9. If you have been convicted of any felony or crime of moral
in
turpitude the past ten (10) years, state the crime(s) for which you were convicted, giving
date(s) and location(s) of the court(s) involved.
ANSWER: Plaintiff objects to this request as it violates Plaintiff’s right to
privacy. Further, Plaintiff objects to this request as it is vague,
ambiguous, and lacks specificity. Lastly, Plaintiff objects to this
request on the grounds that it seeks information that is outside
the scope of discovery as it is not relevant to the subject matter
of the suit and is not likely to lead to the discovery of admissible
evidence. Tex. R. Civ. P. 192.3(a).
INTERROGATORY NO. 10. Pursuant to Rule 609 (i), Texas Rules of Evidence, please
state evidence of any conviction (by stating the offense, disposition, year of the offense,
cause number, court, and county in which the offense occurred) which you intend to use at
the trial of this matter regarding the individual Defendant or any witnesses identified as
trial witnesses by this Defendant
ANSWER: Plaintiff objects to this interrogatory/request as premature
because it requests information that will not be known until
after additional discovery is completed. This interrogatory will
be answered promptly once additional discovery is completed.
See TeX. R. Civ. P. 193.1.
INTERROGATORY NO. 11. State every factual basis that serves to support your
claim/belief that the Defendants failed to properly evaluate your alleged property damages
claim related to the subject storm event in question.
ANSWER: Plaintiff objects as this Interrogatory asks for “all” facts or
“each” or “every” fact concerning a cause of action or defense.
Interrogatories may not be used to require the responding
party to marshal its available proof or the proof the party
intends to offer at trial. Tex. R. Civ. P. 197.1.
Plaintifl’s Objections and Answers to Defendant’s First Set ofInterrogatories Page 6
INTERROGATORY NO. 1; State how and when you first notified Defendant of your loss
made the subject of this claim.
ANSWER: Late 2018 or early 2019 over the phone.
INTERROGATORY NO. 13. Have you ever made any other claims regarding the property
made the subject of this lawsuit?
If so, please describe
a) the nature of the loss;
b) state the date of the loss; and
c) state the name of the insurance carrier who the claim was made to and the
insurance carrier’s claim number.
ANSWER: None.
Plaintifl’s Objections and Answers to Defendant’s First Set ofInterrogatories Page 7
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.
Lauren Siebert on behalf of James McClenny
Bar No. 24091857
Lauren@mma-pllc.com
Envelope ID: 55038733
Status as of 7/8/2021 8:49 AM CST
Associated Case Party: SAMUEL ANSLEY
Name BarNumber Email TimestampSubmitted Status
Heather Melaas 24089909 heather@mma-pllc.com 7/2/2021 7:00:37 PM SENT
Associated Case Party: ALLSTATE VEHICLE AND PROPERTY INSURANCE
COMPANY
Name BarNumber Email TimestampSubmitted Status
Ian P.Mackinnon DallasLegal@allstate.com 7/2/2021 7:00:37 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Calsie Boyd 24103802 calsie@mma-pllc.com 7/2/2021 7:00:37 PM SENT
Lupe Torres Lupe@mma-pllc.com 7/2/2021 7:00:37 PM SENT
Tyiesha Shackleford Tyeisha@mma-pllc.com 7/2/2021 7:00:37 PM SENT
Lauren Siebert Lauren@mma-pllc.com 7/2/2021 7:00:37 PM SENT
Preview
FILED 7/2/2021 7:00 PM FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Jeremy Jones DEPUTY CAUSE NO. DC-19-19662 SAMUEL AN SLEY, IN THE DISTRICT COURT Plaintiff V. 95TH JUDICIAL DISTRICT ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY, Defendant. DALLAS COUNTY, TEXAS PLAINTIFF’S OBJECTIONS AND ANSWERS TO DEFENDANT’S FIRST SET OF INTERROGATORIES TO: DEFENDANT ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY (hereinafter “Defendant”), by and through its counsel of record: LISA CHASTAIN & ASSOCIATES Joshua Weems TBN: 24051502 1201 Elm Street, Suite 5050 Dallas, TX 75270E DallasLegal@allstate.c0m In accordance with the Florida Rules of Civil Procedure, PLAINTIFF SAMUEL ANSLEY (hereinafter “Plaintiff’) serves these Objections and Answers to Defendant’s Initial Interrogatories. Plaintiff reserves the right to supplement his answers in accordance with the Texas Rules of Civil Procedure. Respectfully submitted, [Signature on following page] Plaintifl’s Objections and Answers t0 Defendant’s First Set 0fInterr0gat0ries Page 1 /s/ Calsie M. Bovd McCLENNY MOSELEY & ASSOCIATES, PLLC Calsie M. Boyd State Bar N0. 24103802 1415 Louisiana Street Suite No. 2900 Houston, TX 77002 Ca15ie@mma-pllc.com ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on July 2, 2021 a true and correct copy of the foregoing was sent as indicated below, in accordance with the Texas Rules of Civil Procedure, to the following parties: LISA CHASTAIN & ASSOCIATES Joshua Weems TBN: 24051502 1201 Elm Street, Suite 5050 Dallas, TX 75270E DallasLegal@allstate.com By: /s/ Calsie M. Boyd CALSIE M. BOYD Plaintifl’s Objections and Answers t0 Defendant’s First Set 0fInterr0gat0ries Page 2 PLAINTIFF’S OBJECTIONS AND ANSWERS TO DEFENDANT’S FIRST SET OF INTERROGATORIES INTERROGATORY NO. 1. Please state: your name and other names by which you have been known (including a. maiden name where applicable); b. date of birth; c. residence address and telephone number for the last five (5) years; & d. current driver‘s license number and state of issuance. ANSWER: Plaintiff objects to this request on the grounds that it seeks information that is outside the scope 0f discovery as Plaintiff’s phone number is not relevant t0 the subject matter 0f the suit and is not likely t0 lead t0 the discovery 0f admissible evidence. Tex. R. Civ. P. 192.3(a). Further, Plaintiff objects to this interrogatory as it violates Plaintiff’s right to privacy. Samuel Ansley 5523 Bentgreen Drive Dallas, Texas 75248 Driver’s License No. “”3989 Date of Birth: 05/04/1959 INTERROGATORY NO. A Please identify all persons or entities with an ownership interest in the property made the basis of this lawsuit, including any lienholders. ANSWER: Myself, Kelly Ansley, PNC Mortgage Company INTERROGATORY NO. 3. Please state the name, address, and telephone number of all persons residing at the property made the basis of this lawsuit on the date of the loss. ANSWER: Plaintiff objects to this request on the grounds that it seeks information that is outside the scope of discovery as Plaintiff’s phone number is not relevant to the subject matter of the suit and is not likely to lead to the discovery of admissible evidence. Plaintifl’s Objections and Answers to Defendant’s First Set ofInterrogatories Page 3 Tex. R. Civ. P. 192.3(a). Further, Plaintiff objects to this interrogatory as it violates Plaintiff’s right t0 privacy. Subject t0, and without waiver of the foregoing objections, Plaintiff responds as follows: Myself and Kelly Ansley 5523 Bentgreen Drive Dallas, Texas 75248 INTERROGATORY NO. 4. Please state the name, address, and telephone number of all persons who have inspected the property or provided repair estimates as a result of the loss made the basis of this lawsuit. ANSWER: Plaintiff objects to this interrogatory/request as premature because it requests information that will not be known until after additional discovery is completed. This interrogatory will be answered promptly once additional discovery is completed. See Tex. R. Civ. P. 193.1. Subject to, and without waiver of the foregoing objections, Plaintiff answers as follows: National Public Adjusting, LLC 7016 Cochran Street Houston, TX 77002 713-714-2489 INTERROGATORY NO. 5. Describe in your own words the damage that you claim occurred to your property due to the weather event made the basis of this suit. ANSWER: Plaintiff objects to this Interrogatory as unduly burdensome and overly broad because it calls for expert opinions and a narrative response. The information sought is better suited to other forms of discovery, such as depositions, and by reviewing documents produced in response to requests for production. Tex. R. Civ. P. 192.4, 197.1. Subject to, and without waiver of the foregoing objections, Plaintiff answers as follows: See Plaintiff’s Original Petition Plaintifl’s Objections and Answers to Defendant’s First Set ofInterrogatories Page 4 (ANSLEY 000236-000255), Demand (AN SLEY 000226-000232) & Proof of Loss (ANSLEY 000233-000235). Plaintiff will supplement his Answer to this Interrogatory after receipt of an engineering report. INTERROGATORY NO. 6. State how and when you first submitted your (sworn) proof of loss to the Defendant for the subject claim. ANSWER: Plaintiff objects to this Interrogatory as it calls for a narrative response that would be more appropriate for other forms of discovery, such as deposition or requests for production. TEX. R. CIV. P. 192.3, 197.1. Subject to and without waiver of the foregoing objections, Plaintiff responds as follows: See Proof of Loss (ANSLEY 000233-000235). INTERROGATORY NO. 7. Please list any admissions made by or on behalf of the Defendants or any agent/representative of Defendants regarding the subject incident made the basis of this lawsuit (storm occurring at your residence, as well as any aspect of the damages you claim were sustained to your home/residence), including, but not limited to, any social media sources responsive to this interrogatory. ANSWER: Plaintiff objects to this Interrogatory as it calls for a narrative response that would be more appropriate for other forms of discovery, such as deposition or requests for production. Tex. R. Civ. P. 192.3(c), 197.1. Subject to and without waiver of the foregoing objections, Plaintiff responds as follows: None. INTERROGATORY NO. 8. If you have received any money in compensation for damages arising from the incident in question, (including, but not limited to, property damage), please state the amounts received and the name and address of the person or organization that paid such amount(s). ANSWER: Plaintiff objects to this request on the grounds that it is overly broad as it is not limited in time, location, or scope. Further, Plaintifl’s Objections and Answers to Defendant’s First Set ofInterrogatories Page 5 Plaintiff objects to this request as it is vague, ambiguous, and lacks specificity. Subject to and without waiver of the foregoing objections, Plaintiff responds as follows: Plaintiff has not received compensation for damages that are the subject of this lawsuit. INTERROGATORY NO. 9. If you have been convicted of any felony or crime of moral in turpitude the past ten (10) years, state the crime(s) for which you were convicted, giving date(s) and location(s) of the court(s) involved. ANSWER: Plaintiff objects to this request as it violates Plaintiff’s right to privacy. Further, Plaintiff objects to this request as it is vague, ambiguous, and lacks specificity. Lastly, Plaintiff objects to this request on the grounds that it seeks information that is outside the scope of discovery as it is not relevant to the subject matter of the suit and is not likely to lead to the discovery of admissible evidence. Tex. R. Civ. P. 192.3(a). INTERROGATORY NO. 10. Pursuant to Rule 609 (i), Texas Rules of Evidence, please state evidence of any conviction (by stating the offense, disposition, year of the offense, cause number, court, and county in which the offense occurred) which you intend to use at the trial of this matter regarding the individual Defendant or any witnesses identified as trial witnesses by this Defendant ANSWER: Plaintiff objects to this interrogatory/request as premature because it requests information that will not be known until after additional discovery is completed. This interrogatory will be answered promptly once additional discovery is completed. See TeX. R. Civ. P. 193.1. INTERROGATORY NO. 11. State every factual basis that serves to support your claim/belief that the Defendants failed to properly evaluate your alleged property damages claim related to the subject storm event in question. ANSWER: Plaintiff objects as this Interrogatory asks for “all” facts or “each” or “every” fact concerning a cause of action or defense. Interrogatories may not be used to require the responding party to marshal its available proof or the proof the party intends to offer at trial. Tex. R. Civ. P. 197.1. Plaintifl’s Objections and Answers to Defendant’s First Set ofInterrogatories Page 6 INTERROGATORY NO. 1; State how and when you first notified Defendant of your loss made the subject of this claim. ANSWER: Late 2018 or early 2019 over the phone. INTERROGATORY NO. 13. Have you ever made any other claims regarding the property made the subject of this lawsuit? If so, please describe a) the nature of the loss; b) state the date of the loss; and c) state the name of the insurance carrier who the claim was made to and the insurance carrier’s claim number. ANSWER: None. Plaintifl’s Objections and Answers to Defendant’s First Set ofInterrogatories Page 7 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. Lauren Siebert on behalf of James McClenny Bar No. 24091857 Lauren@mma-pllc.com Envelope ID: 55038733 Status as of 7/8/2021 8:49 AM CST Associated Case Party: SAMUEL ANSLEY Name BarNumber Email TimestampSubmitted Status Heather Melaas 24089909 heather@mma-pllc.com 7/2/2021 7:00:37 PM SENT Associated Case Party: ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY Name BarNumber Email TimestampSubmitted Status Ian P.Mackinnon DallasLegal@allstate.com 7/2/2021 7:00:37 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Calsie Boyd 24103802 calsie@mma-pllc.com 7/2/2021 7:00:37 PM SENT Lupe Torres Lupe@mma-pllc.com 7/2/2021 7:00:37 PM SENT Tyiesha Shackleford Tyeisha@mma-pllc.com 7/2/2021 7:00:37 PM SENT Lauren Siebert Lauren@mma-pllc.com 7/2/2021 7:00:37 PM SENT