Preview
FILED
DALLAS COUNTY
8/29/201 9 11:43 AM
FELICIA PITRE
DISTRICT CLERK
Jeffery White
CAUSE N0. DC-19-06955
INVESTMENT RETRIEVERS, INC., § IN THE DISTRICT COURT OF
Plaintiff, §
§
VS.
g
GABRIELA ESPINOZA AKA GABRIELA § 298th JUDICIAL DISTRICT
MARTINEZ AND JORGE L ESPINOZA §
TORRES AKA JORGE ESPINOZA §
TORRES AKA JORGE E TORRES AKA §
JORGE ESPINOZA AKA JORGE §
TORRES, § DALLAS COUNTY, TEXAS
Defendant.
Notice 0f Intention to Take Deposition 0n Written Questions
To: Manheim Dallas, Third Party, c/o Alisa Alexander—Daniels, Cox Enterprises, Inc., 6205-
A Peachtree Dunwoody Rd, Atlanta, GA 30328.
Please take notice that Investment Retrievers, Inc., Plaintiff, intends to take the deposition by
written questions of Manheim Dallas at 5333 W. Kiest B1Vd., Dallas, Texas, 75236, before a
certified court reporter designated by Court Reporters Clearinghouse, commencing 0n September
27, 2019 at 9:00 AM, t0 be used in the above-entitled and —numbered cause. Manheim Dallas is
instructed t0 designate the person 0r persons t0 testify 0n its behalf with regard t0 matters
pertaining t0 Manheim Dallas’ business records are kept and maintained, and t0 answer
questions regarding the sale of the vehicle 2015 Nissan Titan 2Wd, VIN#:
1N6BAOED6FN500917. The person(s) designated by the Witness must appear and testify before
the officer taking this deposition at the time and place stated in this notice.
Manheim Dallas is instructed to produce at the time and place ofthe taking ofthis deposition, for
use in conjunction With the taking 0f the deposition, all documents identified in the attached
Subpoena Exhibit 1 and 1A.
A copy 0f the written questions to be asked iwed as Exhibit 2.
Carl Tucfeé
State Bar N0. 20265 1 00
Law Office of Carl Tucker PLLC
2028 E Ben White Blvd #240-1650
Austin Texas 78741
Tel: (866) 457—4107
Fax: (214) 594-7862
ctuckerlanggmaiMom
Attorney for the Plaintiff,
Investment Retrievers, Inc.
CERTIFICATE OF SERVICE
The undersigned hereby certifies thaton the 29th day of AUSUSt , 2019, a true
and correct
accordance With Rule 21a, Tex. R. Civ. P.
[7/
copy of the foregoing instrument was served on all parties and/or counsel of record in
Carl Tucker
EXHIBIT 1
CAUSE NO. DC-19-06955
INVESTMENT RETRIEVERS, INC., § IN THE DISTRICT COURT OF
Plaintiff, §
§
VS. §
§
GABRIELA ESPINOZA AKA GABRIELA § 298th JUDICIAL DISTRICT
MARTINEZ AND JORGE L ESPINOZA §
TORRES AKA JORGE ESPINOZA §
TORRES AKA JORGE E TORRES AKA §
JORGE ESPINOZA AKA JORGE §
TORRES, § DALLAS COUNTY, TEXAS
Defendant.
SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE
THE STATE OF TEXAS
TO: Manheim Dallas
YOU ARE COMMANDED to produce the documents 0r tangible evidence identified in
Exhibit “1A,” attached hereto, which was served 0n all parties and the person to Whom
this subpoena is addressed. The requested documents are to be produced at the following
time and place: DEPOSITION AS NOTICED UPON WHICH THIS SUBPOENA IS
ATTACHED.
DUTIES OF PERSON SERVED WITH SUBPOENA
You Texas Rule 0f Civil Procedure 176, a person served With a
are advised that under
discovery subpoena has certain rights and obligations. Rule 176.6 provides:
(a) Compliance required. Except as provided in this subdivision, a person served with a
subpoena must comply With the command stated in the subpoena unless discharged by
the court or by the party summoning such witness. A person commanded to appear and
give testimony must remain at the place of deposition, hearing, or trial from day to day
until discharged by the court 0r by the party summoning the Witness.
(b) Organizations. If a subpoena commanding testimony is directed t0 a corporation,
partnership, association, governmental agency, or other organization, and the matters 0n
Which examination is requested are described With reasonable particularity, the
organization must designate one or more persons t0 testify 0n its behalf as t0 matters
known 0r reasonably available t0 the organization.
SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE
1
(c) Production ofdocumem‘s 0r tangible things. A person commanded t0 produce
documents 0r tangible things need not appear in person at the time and place of
production unless the person is also commanded to attend and give testimony, either in
the same subpoena or a separate one.A person must produce documents as they are kept
in the usual course of business or must organize and label them to correspond with the
categories in the demand. A person may withhold material 0r information claimed to be
privileged but must comply with Rule 193.3. A nonparty's production of a document
authenticates the document for use against the nonparty t0 the same extent as a party's
production 0f a document is authenticated for use against the party under Rule 193.7.
(d) Objections. A person commanded t0 produce and permit inspection and copying of
designated documents and things may serve on the party requesting issuance 0f the
subpoena—-before the time specified for compliance--written obj ections to producing any
or all of the designated materials. A person need not comply With the part of a subpoena
to which obj ection is made as provided in this paragraph unless ordered t0 do so by the
court. The party requesting the subpoena may move for such an order at any time after an
objection is made.
(e) Protective orders. A person commanded to appear at a deposition, hearing, or trial, or
toproduce and permit inspection and copying 0f designated documents and things may
move for a protective order under Rule 192.6(b)—-bef0re the time specified for
c0mpliance--either in the court in Which the action is pending or in a district court in the
county Where the subpoena was served. The person must serve the motion on all parties
in accordance with Rule 21a. A person need not comply with the part 0f a subpoena from
which protection sought under this paragraph unless ordered to do so by the court. The
is
party requesting the subpoena may seek such an order at any time after the motion for
protection is filed.
WARNING:
Failure by any person without adequate excuse t0 obey a subpoena served upon that
person may be deemed a contempt of the court from which the subpoena is issued 0r
a district court in the county in which the subpoena is served, and may be punished
by fine 0r confinement, or both.
This subpoena is issued at the request of Investment Retrievers, Inc., whose attorney of
record is Carl Tucker.
August 29, 20 1 9
Date:
Carl Tucker
SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE
2
State Bar No. 20265 1 00
Law Office 0f Carl Tucker PLLC
2028 E Ben White Blvd #240-1650
Austin Texas 78741
Tel: (866) 457-4107
Fax: (214) 594-7862
ctuckerlanggmaiMom
Attorney for the Plaintiff,
Investment Retrievers, Inc.
CERTIFICATE 0F SERVICE
The undersigned hereby certifies thaton AugUSt 29 ,
2019, a true and correct
copy of the foregoing instrument was served on all parties and/or their counsel of record in
accordance With Rule 21a, Tex. R. CiV. P.
(:57
Carl Tucker
SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE
3
EXHIBIT 1A
SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE
4
DEFINITIONS
FOR THE PURPOSES OF THIS NOTICE, THE TERMS USED HEREIN SHALL HAVE
THE FOLLOWING MEANINGS:
A. “Document” and “documents” shall be used in their broadest sense and shall
mean and include all written, printed, typed, recorded, or graphic matter of every kind and
description, both originals and copies, and all attachments and appendices thereto. Without
limiting the foregoing, the terms “document” and “documents” shall include all
agreements, contracts, appraisals, valuation reports, communication, correspondence,
letters, telegrams, telexes, messages, memoranda, records, reports, books, summaries or
other records 0f telephone conversations 0r interviews, summaries or other records of
personal conversations, minutes or summaries 0r other records of meetings and
conferences, summaries or other records of negotiations, orther summaries, diaries, diary
entries, calendars, appointment books, time records, instructions, work assignments, Visitor
records, statistical data, statistical statements, work sheets, work papers, drafts, graphs,
maps, charts, plans, tables, accounts, analytical records, consultations, reports, notices,
marginal notations, notebooks, bills, statements, records 0f obligation and expenditure,
invoices, lists, journals, advertising, recommendations, filed, printouts, compilations,
tabulations, purchase orders, receipts, sell orders, confirmations, letters 0f credit, envelopes
or folders or similar containers, voucher analyses, studies, surveys, transcritps 0r hearings,
transcript0f testimony, expense reports, miscrofilm, microfice, articles, speeches, tape 0r
disc recordings, sound recordings, Video recordings, film, tapes, photographs, data
compilations from which information can be obtained (including matter used in data
processing, and other-printed, written, handwritten, typewritten, recorded, stenographic,
computer—generated, computer-stored, or electronically stored matter, however and by
whomever produced, prepared, reproduced, disseminated, 0r made. The terms “document”
and “documents” means and includes all matter Within the foregoing description that is in
the possession, control 0r custody 00f
Without limiting the term “control,” a
Plaintiffs.
document is deemed t0 be Within your have ownership, possession or custody
control if you
0f the document, 0r the right t0 secure the document 0r copy thereof from any person 0r
public or private entity having physical possession thereof.
B. “You” and “your” shall mean you, as well as other persons acting 0r
purporting t0 act in behalf of you, including any attorney 0r other representative.
C. As used herein, the words “and” and “or” shall be construed either
conjunctivley or disjunctively as required by the context t0 bring within the scope of these
requests any document that might be deemed outside its scope by another construction.
D. “Person” shall mean any individual, partnership, association, corporation,
joint venture, firm, proprietorship, agency, board, autority, commission, or other legal 0r
business entity.
E. “Communication” shall mean and include every manner 0r means of
disclosure, transfer, or exchange, and every disclosure, transfer, 0r exchange 0f
SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE
5
information, whether orally 0r by document 0r whether face-to-face, by telephone, mail,
personal delivery, 0r otherwise.
F. “Statement” means and includes any written or graphic statement signed 0r
otherwise adopted 0r approved by the users in maing it, any stenographic, mechanical,
electric or other recording 0r transcription thereof which Which is substantially verbatim
recital of an oral statement made by person making it and contemporaneously recorded.
G. “Occurrence in question” refers t0 the alleged incident and/or conditions
made the basis of this lawsuit.
SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE
6
DOCUMENTS TO BE PRODUCED
Any and all information pertaining t0 the following vehicle: 20 1 5 Nissan Titan 2Wd, VIN#:
1N6BAOED6FN5009 1 7
1. Any Manheim’s business records evidencing
electronic screenshots located in the
sale 0f VIN#: 1N6BAOED6FN500917 0n 06/08/1 6.
SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE
7
EXHIBIT 2
EXHIBIT 2 TO DEPOSITION NOTICE
1. Please state your name.
2. State where you reside.
3. By whom are you employed, and how long have you been so employed?
4. What is the address of the employer you named in Question 3 above?
5. Describe the general nature of the business of your employer.
6. In what capacity are you employed by Manheim?
7. Describe the nature of your duties with Manheim.
8. Was your employer involved in the selling of the vehicle 2015 Nissan Titan 2wd,
VIN#: 1N6BA0ED6FN500917 and as listed in the notice of deposition in any way?
a. If your employer was so involved, what was its role?
b. If you employer was not so involved, please state the name, address and phone number
of the company or companies that were so involved.
9. Are you familiar with the manner in which your employer’s records are created
and maintained by virtue of your duties and responsibilities?
10. Is it a part of the usual and regular course of business, of your employer, to keep
regular books and records of its auction transactions, accounts, and business dealings?
11. In connection with your current employment, are you familiar with the books,
accounts, and records kept and maintained by that employer in the usual and regular course of
business?
12. Do you have any personal supervision, custody, or control over the books,
accounts, and records kept and maintained by Manheim?
13. Please hand to the officer taking this deposition the documents requested in the
subpoena issued in Investment Retrievers, Inc. vs. Gabriela Espinoza aka Gabriela Martinez and
Jorge L Espinoza Torres aka Jorge Espinoza Torres aka Jorge E Torres aka Jorge Espinoza aka
Jorge Torres, No. DC-19-06955 and attached to the notice of deposition, and have the officer
attach it to this deposition as Deposition Exhibit No. __________. Have you attached the records
requested in the subpoena?
a. If you have not, please explain in detail every reason why you have not.
b. If you have not, please provide the name, address and phone number of the
person or entity where those records may be found.
14. How many pages are attached?
15. Are the attached records the original or exact duplicates of the original records?
16. Were the attached records made at or near the time of each act, event, condition,
opinion or diagnosis set forth?
a. If not all fit this description please tell us which pages do fit that description.
b. If not all fit this description please tell us which ones do not fit that description
and list every reason for each page why you believe those do not fit that description.
17. Is it the regular practice of your employer to make the attached records at or near
the time of each act, event, condition, opinion or diagnosis set forth in the record?
a. If not all fit this description please tell us which pages do fit that description.
b. If not all fit this description please tell us which ones do not fit that description
and list every reason for each page why you believe those do not fit that description.
18. Were the attached records made by, or from information transmitted by, persons
with knowledge of the matters set forth?
a. If not all fit this description please tell us which pages do fit that description.
b. If not all fit this description please tell us which ones do not fit that description
and list every reason for each page why you believe those do not fit that description.
19. Is it the regular practice of your employer, for these type records attached to be
made by, or from information transmitted by, persons with knowledge of the matters set forth in
them?
a. If not all fit this description please tell us which pages do fit that description.
b. If not all fit this description please tell us which ones do not fit that description
and list every reason for each page why you believe those do not fit that description.
20. Were the attached records kept in the course of regularly conducted business
activity?
a. If not all fit this description please tell us which pages do fit that description.
b. If not all fit this description please tell us which ones do not fit that description
and list every reason for each page why you believe those do not fit that description.
21. Is it the regular practice of your employer, to keep this type of record in the
course of regularly conducted business activity?
a. If not all fit this description please tell us which pages do fit that description.
b. If not all fit this description please tell us which ones do not fit that description
and list every reason for each page why you believe those do not fit that description.
22. Is it the regular practice of the business activity of your employer, to make the
attached records?
a. If not all fit this description please tell us which pages do fit that description.
b. If not all fit this description please tell us which ones do not fit that description
and list every reason for each page why you believe those do not fit that description.
23. Please give an approximation of how many auction transactions records of
repossessed vehicles you have reviewed in your duties of your employer listed in Question No. 3
above? Note: an exact number is not necessary, only an approximation.
24. Is it usual for vehicles repossessed to be sold at auction?
25. Is your employer in the business of selling repossessed vehicles at auction?
26. Was the Vehicle the subject of this deposition sold at a current price on the
repossessed auto auction market?
27. Do you have personal knowledge of all answers contained herein?
Preview
FILED DALLAS COUNTY 8/29/201 9 11:43 AM FELICIA PITRE DISTRICT CLERK Jeffery White CAUSE N0. DC-19-06955 INVESTMENT RETRIEVERS, INC., § IN THE DISTRICT COURT OF Plaintiff, § § VS. g GABRIELA ESPINOZA AKA GABRIELA § 298th JUDICIAL DISTRICT MARTINEZ AND JORGE L ESPINOZA § TORRES AKA JORGE ESPINOZA § TORRES AKA JORGE E TORRES AKA § JORGE ESPINOZA AKA JORGE § TORRES, § DALLAS COUNTY, TEXAS Defendant. Notice 0f Intention to Take Deposition 0n Written Questions To: Manheim Dallas, Third Party, c/o Alisa Alexander—Daniels, Cox Enterprises, Inc., 6205- A Peachtree Dunwoody Rd, Atlanta, GA 30328. Please take notice that Investment Retrievers, Inc., Plaintiff, intends to take the deposition by written questions of Manheim Dallas at 5333 W. Kiest B1Vd., Dallas, Texas, 75236, before a certified court reporter designated by Court Reporters Clearinghouse, commencing 0n September 27, 2019 at 9:00 AM, t0 be used in the above-entitled and —numbered cause. Manheim Dallas is instructed t0 designate the person 0r persons t0 testify 0n its behalf with regard t0 matters pertaining t0 Manheim Dallas’ business records are kept and maintained, and t0 answer questions regarding the sale of the vehicle 2015 Nissan Titan 2Wd, VIN#: 1N6BAOED6FN500917. The person(s) designated by the Witness must appear and testify before the officer taking this deposition at the time and place stated in this notice. Manheim Dallas is instructed to produce at the time and place ofthe taking ofthis deposition, for use in conjunction With the taking 0f the deposition, all documents identified in the attached Subpoena Exhibit 1 and 1A. A copy 0f the written questions to be asked iwed as Exhibit 2. Carl Tucfeé State Bar N0. 20265 1 00 Law Office of Carl Tucker PLLC 2028 E Ben White Blvd #240-1650 Austin Texas 78741 Tel: (866) 457—4107 Fax: (214) 594-7862 ctuckerlanggmaiMom Attorney for the Plaintiff, Investment Retrievers, Inc. CERTIFICATE OF SERVICE The undersigned hereby certifies thaton the 29th day of AUSUSt , 2019, a true and correct accordance With Rule 21a, Tex. R. Civ. P. [7/ copy of the foregoing instrument was served on all parties and/or counsel of record in Carl Tucker EXHIBIT 1 CAUSE NO. DC-19-06955 INVESTMENT RETRIEVERS, INC., § IN THE DISTRICT COURT OF Plaintiff, § § VS. § § GABRIELA ESPINOZA AKA GABRIELA § 298th JUDICIAL DISTRICT MARTINEZ AND JORGE L ESPINOZA § TORRES AKA JORGE ESPINOZA § TORRES AKA JORGE E TORRES AKA § JORGE ESPINOZA AKA JORGE § TORRES, § DALLAS COUNTY, TEXAS Defendant. SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE THE STATE OF TEXAS TO: Manheim Dallas YOU ARE COMMANDED to produce the documents 0r tangible evidence identified in Exhibit “1A,” attached hereto, which was served 0n all parties and the person to Whom this subpoena is addressed. The requested documents are to be produced at the following time and place: DEPOSITION AS NOTICED UPON WHICH THIS SUBPOENA IS ATTACHED. DUTIES OF PERSON SERVED WITH SUBPOENA You Texas Rule 0f Civil Procedure 176, a person served With a are advised that under discovery subpoena has certain rights and obligations. Rule 176.6 provides: (a) Compliance required. Except as provided in this subdivision, a person served with a subpoena must comply With the command stated in the subpoena unless discharged by the court or by the party summoning such witness. A person commanded to appear and give testimony must remain at the place of deposition, hearing, or trial from day to day until discharged by the court 0r by the party summoning the Witness. (b) Organizations. If a subpoena commanding testimony is directed t0 a corporation, partnership, association, governmental agency, or other organization, and the matters 0n Which examination is requested are described With reasonable particularity, the organization must designate one or more persons t0 testify 0n its behalf as t0 matters known 0r reasonably available t0 the organization. SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE 1 (c) Production ofdocumem‘s 0r tangible things. A person commanded t0 produce documents 0r tangible things need not appear in person at the time and place of production unless the person is also commanded to attend and give testimony, either in the same subpoena or a separate one.A person must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the demand. A person may withhold material 0r information claimed to be privileged but must comply with Rule 193.3. A nonparty's production of a document authenticates the document for use against the nonparty t0 the same extent as a party's production 0f a document is authenticated for use against the party under Rule 193.7. (d) Objections. A person commanded t0 produce and permit inspection and copying of designated documents and things may serve on the party requesting issuance 0f the subpoena—-before the time specified for compliance--written obj ections to producing any or all of the designated materials. A person need not comply With the part of a subpoena to which obj ection is made as provided in this paragraph unless ordered t0 do so by the court. The party requesting the subpoena may move for such an order at any time after an objection is made. (e) Protective orders. A person commanded to appear at a deposition, hearing, or trial, or toproduce and permit inspection and copying 0f designated documents and things may move for a protective order under Rule 192.6(b)—-bef0re the time specified for c0mpliance--either in the court in Which the action is pending or in a district court in the county Where the subpoena was served. The person must serve the motion on all parties in accordance with Rule 21a. A person need not comply with the part 0f a subpoena from which protection sought under this paragraph unless ordered to do so by the court. The is party requesting the subpoena may seek such an order at any time after the motion for protection is filed. WARNING: Failure by any person without adequate excuse t0 obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued 0r a district court in the county in which the subpoena is served, and may be punished by fine 0r confinement, or both. This subpoena is issued at the request of Investment Retrievers, Inc., whose attorney of record is Carl Tucker. August 29, 20 1 9 Date: Carl Tucker SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE 2 State Bar No. 20265 1 00 Law Office 0f Carl Tucker PLLC 2028 E Ben White Blvd #240-1650 Austin Texas 78741 Tel: (866) 457-4107 Fax: (214) 594-7862 ctuckerlanggmaiMom Attorney for the Plaintiff, Investment Retrievers, Inc. CERTIFICATE 0F SERVICE The undersigned hereby certifies thaton AugUSt 29 , 2019, a true and correct copy of the foregoing instrument was served on all parties and/or their counsel of record in accordance With Rule 21a, Tex. R. CiV. P. (:57 Carl Tucker SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE 3 EXHIBIT 1A SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE 4 DEFINITIONS FOR THE PURPOSES OF THIS NOTICE, THE TERMS USED HEREIN SHALL HAVE THE FOLLOWING MEANINGS: A. “Document” and “documents” shall be used in their broadest sense and shall mean and include all written, printed, typed, recorded, or graphic matter of every kind and description, both originals and copies, and all attachments and appendices thereto. Without limiting the foregoing, the terms “document” and “documents” shall include all agreements, contracts, appraisals, valuation reports, communication, correspondence, letters, telegrams, telexes, messages, memoranda, records, reports, books, summaries or other records 0f telephone conversations 0r interviews, summaries or other records of personal conversations, minutes or summaries 0r other records of meetings and conferences, summaries or other records of negotiations, orther summaries, diaries, diary entries, calendars, appointment books, time records, instructions, work assignments, Visitor records, statistical data, statistical statements, work sheets, work papers, drafts, graphs, maps, charts, plans, tables, accounts, analytical records, consultations, reports, notices, marginal notations, notebooks, bills, statements, records 0f obligation and expenditure, invoices, lists, journals, advertising, recommendations, filed, printouts, compilations, tabulations, purchase orders, receipts, sell orders, confirmations, letters 0f credit, envelopes or folders or similar containers, voucher analyses, studies, surveys, transcritps 0r hearings, transcript0f testimony, expense reports, miscrofilm, microfice, articles, speeches, tape 0r disc recordings, sound recordings, Video recordings, film, tapes, photographs, data compilations from which information can be obtained (including matter used in data processing, and other-printed, written, handwritten, typewritten, recorded, stenographic, computer—generated, computer-stored, or electronically stored matter, however and by whomever produced, prepared, reproduced, disseminated, 0r made. The terms “document” and “documents” means and includes all matter Within the foregoing description that is in the possession, control 0r custody 00f Without limiting the term “control,” a Plaintiffs. document is deemed t0 be Within your have ownership, possession or custody control if you 0f the document, 0r the right t0 secure the document 0r copy thereof from any person 0r public or private entity having physical possession thereof. B. “You” and “your” shall mean you, as well as other persons acting 0r purporting t0 act in behalf of you, including any attorney 0r other representative. C. As used herein, the words “and” and “or” shall be construed either conjunctivley or disjunctively as required by the context t0 bring within the scope of these requests any document that might be deemed outside its scope by another construction. D. “Person” shall mean any individual, partnership, association, corporation, joint venture, firm, proprietorship, agency, board, autority, commission, or other legal 0r business entity. E. “Communication” shall mean and include every manner 0r means of disclosure, transfer, or exchange, and every disclosure, transfer, 0r exchange 0f SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE 5 information, whether orally 0r by document 0r whether face-to-face, by telephone, mail, personal delivery, 0r otherwise. F. “Statement” means and includes any written or graphic statement signed 0r otherwise adopted 0r approved by the users in maing it, any stenographic, mechanical, electric or other recording 0r transcription thereof which Which is substantially verbatim recital of an oral statement made by person making it and contemporaneously recorded. G. “Occurrence in question” refers t0 the alleged incident and/or conditions made the basis of this lawsuit. SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE 6 DOCUMENTS TO BE PRODUCED Any and all information pertaining t0 the following vehicle: 20 1 5 Nissan Titan 2Wd, VIN#: 1N6BAOED6FN5009 1 7 1. Any Manheim’s business records evidencing electronic screenshots located in the sale 0f VIN#: 1N6BAOED6FN500917 0n 06/08/1 6. SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS OR EVIDENCE 7 EXHIBIT 2 EXHIBIT 2 TO DEPOSITION NOTICE 1. Please state your name. 2. State where you reside. 3. By whom are you employed, and how long have you been so employed? 4. What is the address of the employer you named in Question 3 above? 5. Describe the general nature of the business of your employer. 6. In what capacity are you employed by Manheim? 7. Describe the nature of your duties with Manheim. 8. Was your employer involved in the selling of the vehicle 2015 Nissan Titan 2wd, VIN#: 1N6BA0ED6FN500917 and as listed in the notice of deposition in any way? a. If your employer was so involved, what was its role? b. If you employer was not so involved, please state the name, address and phone number of the company or companies that were so involved. 9. Are you familiar with the manner in which your employer’s records are created and maintained by virtue of your duties and responsibilities? 10. Is it a part of the usual and regular course of business, of your employer, to keep regular books and records of its auction transactions, accounts, and business dealings? 11. In connection with your current employment, are you familiar with the books, accounts, and records kept and maintained by that employer in the usual and regular course of business? 12. Do you have any personal supervision, custody, or control over the books, accounts, and records kept and maintained by Manheim? 13. Please hand to the officer taking this deposition the documents requested in the subpoena issued in Investment Retrievers, Inc. vs. Gabriela Espinoza aka Gabriela Martinez and Jorge L Espinoza Torres aka Jorge Espinoza Torres aka Jorge E Torres aka Jorge Espinoza aka Jorge Torres, No. DC-19-06955 and attached to the notice of deposition, and have the officer attach it to this deposition as Deposition Exhibit No. __________. Have you attached the records requested in the subpoena? a. If you have not, please explain in detail every reason why you have not. b. If you have not, please provide the name, address and phone number of the person or entity where those records may be found. 14. How many pages are attached? 15. Are the attached records the original or exact duplicates of the original records? 16. Were the attached records made at or near the time of each act, event, condition, opinion or diagnosis set forth? a. If not all fit this description please tell us which pages do fit that description. b. If not all fit this description please tell us which ones do not fit that description and list every reason for each page why you believe those do not fit that description. 17. Is it the regular practice of your employer to make the attached records at or near the time of each act, event, condition, opinion or diagnosis set forth in the record? a. If not all fit this description please tell us which pages do fit that description. b. If not all fit this description please tell us which ones do not fit that description and list every reason for each page why you believe those do not fit that description. 18. Were the attached records made by, or from information transmitted by, persons with knowledge of the matters set forth? a. If not all fit this description please tell us which pages do fit that description. b. If not all fit this description please tell us which ones do not fit that description and list every reason for each page why you believe those do not fit that description. 19. Is it the regular practice of your employer, for these type records attached to be made by, or from information transmitted by, persons with knowledge of the matters set forth in them? a. If not all fit this description please tell us which pages do fit that description. b. If not all fit this description please tell us which ones do not fit that description and list every reason for each page why you believe those do not fit that description. 20. Were the attached records kept in the course of regularly conducted business activity? a. If not all fit this description please tell us which pages do fit that description. b. If not all fit this description please tell us which ones do not fit that description and list every reason for each page why you believe those do not fit that description. 21. Is it the regular practice of your employer, to keep this type of record in the course of regularly conducted business activity? a. If not all fit this description please tell us which pages do fit that description. b. If not all fit this description please tell us which ones do not fit that description and list every reason for each page why you believe those do not fit that description. 22. Is it the regular practice of the business activity of your employer, to make the attached records? a. If not all fit this description please tell us which pages do fit that description. b. If not all fit this description please tell us which ones do not fit that description and list every reason for each page why you believe those do not fit that description. 23. Please give an approximation of how many auction transactions records of repossessed vehicles you have reviewed in your duties of your employer listed in Question No. 3 above? Note: an exact number is not necessary, only an approximation. 24. Is it usual for vehicles repossessed to be sold at auction? 25. Is your employer in the business of selling repossessed vehicles at auction? 26. Was the Vehicle the subject of this deposition sold at a current price on the repossessed auto auction market? 27. Do you have personal knowledge of all answers contained herein?