Preview
Electronically Filed
2/5/2020 11:03 AM
Hidalgo County District Clerks
Reviewed By: Kim Hinojosa
CAUSE N.C-4445-17-G
ALICIA PERALES IN THE DISTRICT COURT
AS REPRESENTATIVE OF THE
ESTATE OF MARIO A. PERALES,
AND AS NEXT OF FRIEND OF
S.M. PERALES AND
M.PERALES, JR., MINOR CHILDREN
370TH JUDICIAL DISTRICT
vs.
DANIEL SIEGER,INDIVIDUALLY
AND AS AN AGENT OF DEFENDANT
PEOPLE READY,INC. and
TEXAS SAI, INC. HIDALGO COUNTY,TEXAS
DEFENDANT'S,TEXAS SAI,INC. THIRD AMENDED NOTICE OF INTENTION TO
TAKE THE ORAL AND VIDEOTAPED DEPOSITION AND SUBPOENA DUCES
TECUM FOR TXDOT P.E., JOEL GARCIA
To: Joel Garcia
Texas Department of Transportation
600 W.Interstate 2
Pharr, Texas 78577
(956) 702-6100
PLEASE TAKE NOTICE that pursuant to Texas Rule of Civil Procedure 199.1(a),
199.2 and 199.5, the oral and videotaped deposition of Texas Department of Transportation
Professional Engineer, Joel Garcia will be taken at Hill & Romero Certified Court Reporters
located at 7000 N. 10th Street, Suite C-2B, McAllen, Texas 78504 on Wednesday, February 26,
2020 beginning at 9:30 a.m.(CST) and continuing from day to day until completed, before a
certified court reporter.
PLEASE TAKE FURTHER NOTICE that pursuant to Texas Rule of Civil Procedure
199.1(c), the undersigned intends to make a video record of the deposition. Therefore, a video
technician will be present.
62466:10450483v1 1
Electronically Filed
2/5/2020 11:03 AM
Hidalgo County District Clerks
Reviewed By: Kim Hinojosa
PLEASE TAKE FURTHER NOTICE that in connection with the taking of this
deposition and pursuant to Rule 199.2(b)(2)(5) of the Texas Rules of Civil Procedure, the
deponent shall produce the documents and tangible items identified in the attached subpoena
duces tecum and described in Exhibit "A," which is attached hereto and incorporated herein by
reference for all purposes the same as if written verbatim herein, at the commencement of the
taking ofthe deposition.
PLEASE TAKE FURTHER NOTICE that that pursuant to Texas Rules of Civil
Procedure 199.2(b)(4) and 199.5(a)(3), the persons who may attend the deposition shall be the
witness, the parties and/or representatives, counsel, and employees of counsel.
You are invited to attend and cross-examine the witness.
Respectfully submitted,
ROYSTON, ► YZ VICKERY & WILLIAMS,L.L.P.
By:
Hon. Javier onzalez
Texas State Bar No. 00787561
E-Mail:javier.gonzalez@roystonlaw.com
Shauna Lozano
Texas State Bar No. 24106229
Email: Shauna.lozano@roystonlaw.com
Attorneys for the defendant,
TEXAS SAI,INC.
Of Counsel:
ROYSTON,RAYZOR,VICKERY & WILLIAMS,L.L.P.
55 Cove Circle
P.O. Box 3509
Brownsville, Texas 78523-3509
Telephone: (956)542-4377
Fax: (956)542-4370
62466:10450483v1 2
Electronically Filed
2/5/2020 11:03 AM
Hidalgo County District Clerks
Reviewed By: Kim Hinojosa
CERTIFICATE OF SERVICE
I certify that on the 1 Vday of February, 2020, a true and correct copy of the
foregoing document was served via E-File/E-Service/E-Mail and/or Regular U.S. Mail on the
following parties of record, as follows:
Hon. Ricardo Gonzalez
Oxford & Gonzalez
124 S. 12th
Edinburg, Texas 78540
Hon. Michael S. Beckelman
Hon. Michelle R. Scheiffele
Hon. Morgan Wells
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP
909 Fannin Street, Suite 3300
Houston, Texas 77010
Hon. Analisa Figueroa
Law Office of Analisa Figueroa, PLLC
514 Paredes Avenue, Suite H
Brownsville, Texas 78521
Hon. Mike Mills
Hon. Susan Sullivan
Atlas, Hall & Rodriguez, LLP
P.O. Box 3725
McAllen, Texas 78502
Hon. Stephen A. Gibson
Law Office of Stephen A. Gibson
946 W.Nolana Loop, Ste. D
Pharr, Texas 78577
Hon. John R. Griffith
Hon. Victoria Olivarez
Griffith Law Group
4228 North McColl
McAllen, Texas 78504
Hon. Maria Cantu Hexsel
Hon. Stephen P. Bega
Germer Beaman & Brown PLLC
301 Congress Avenue, Suite 1700
Austin, Texas 78701
62466:10450483v1 3
Electronically Filed
2/5/2020 11:03 AM
Hidalgo County District Clerks
Reviewed By: Kim Hinojosa
Hon. Gregg R. Brown
Hon. Maria Korzendorfer
Germer Beaman & Brown PLLC
301 Congress Avenue, Suite 1700
Austin, Texas 78701
Hon. Ken Paxton
Hon. Jeffrey C. Mateer
Hon. Darren L. McCarty
Hon. Estevan S.M. Soto
Hon. Garland Williams
Attorney General of Texas
Transportation Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Hon. Allan D. Messey
Texas Department of Transportation-The General Counsel Division
TxDOT Office of General Counsel
125 E. 11th treet
Austin, Te ►1-2483
Of ROYSTON, YZOR,VICKERY & WILLIAMS,L.L.P.
62466:10450483v1 4
Electronically Filed
2/5/2020 11:03 AM
Hidalgo County District Clerks
Reviewed By: Kim Hinojosa
EXHIBIT "A"
SUBPOENA DUCES TECUM
1. Any file materials, including notes, statements, reports, citations, photographs, videotapes,
audio and daily logs, daily work reports and any material in your possession for contract
#10153029, Control 025506065 between the Texas Department of Transportation(TxDOT)
with Texas SAI, Inc., W.G. Yates or any affiliates; otherwise known as the Project NH 1502
(262) etc. Highway US 281, that are only in your personal possession such as at your
desk; work site; vehicle; on your person; residences and your homes, but not in your
constructive possession.
2. Any file materials, including documents, items, notes, diaries, calendars, photographs,
videotapes, audio and daily logs, daily work reports and any material in your possession for
contract #10153029, Control 025506065 between the Texas Department of Transportation
(TxDOT) with Texas SAI, Inc., W.G. Yates or any affiliates; otherwise known as the
Project NH 1502 (262) etc. Highway US 281, that are only in your personal possession
such as at your desk; work site; vehicle; on your person; residences and your homes, but
not in your constructive possession.
3. Any sealed plans and specifications for contract #10153029, Control 025506065 between
the Texas Department of Transportation(TxDOT)with Texas SAI, Inc., W.G. Yates or any
affiliates; otherwise known as the Project NH 1502(262)etc. Highway US 281, between the
Texas Department of Transportation (TxDOT) with Texas SAI, Inc., W.G. Yates or any
affiliates, that are only in your personal possession such as at your desk; work site;
vehicle; on your person; residences and your homes, but not in your constructive
possession.
4. Any sealed plans and specifications for contract #025506065 in your possession for contract
#10153029, Control 025506065 between the Texas Department of Transportation(TxDOT)
with Texas SAI, Inc., W.G. Yates or any affiliates; otherwise known as the Project NH 1502
(262) etc. Highway US 281, that are only in your personal possession such as at your
desk; work site; vehicle; on your person; residences and your homes, but not in your
constructive possession.
5. Any documents, items, reports, statements, citations, diaries, calendars photographs,
videotapes, audio, diaries or calendars concerning a single-vehicle accident that happened
on or about Tuesday, August 29, 2017 at approximately 10:36 p.m. on U.S. Highway 281
at the 744 mile marker south of the Hidalgo-Brooks County line, that are only in your
personal possession such as at your desk; work site; vehicle; on your person; residences
and your homes, but not in your constructive possession.
62466:10450483v1 5
Preview
Electronically Filed 2/5/2020 11:03 AM Hidalgo County District Clerks Reviewed By: Kim Hinojosa CAUSE N.C-4445-17-G ALICIA PERALES IN THE DISTRICT COURT AS REPRESENTATIVE OF THE ESTATE OF MARIO A. PERALES, AND AS NEXT OF FRIEND OF S.M. PERALES AND M.PERALES, JR., MINOR CHILDREN 370TH JUDICIAL DISTRICT vs. DANIEL SIEGER,INDIVIDUALLY AND AS AN AGENT OF DEFENDANT PEOPLE READY,INC. and TEXAS SAI, INC. HIDALGO COUNTY,TEXAS DEFENDANT'S,TEXAS SAI,INC. THIRD AMENDED NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEOTAPED DEPOSITION AND SUBPOENA DUCES TECUM FOR TXDOT P.E., JOEL GARCIA To: Joel Garcia Texas Department of Transportation 600 W.Interstate 2 Pharr, Texas 78577 (956) 702-6100 PLEASE TAKE NOTICE that pursuant to Texas Rule of Civil Procedure 199.1(a), 199.2 and 199.5, the oral and videotaped deposition of Texas Department of Transportation Professional Engineer, Joel Garcia will be taken at Hill & Romero Certified Court Reporters located at 7000 N. 10th Street, Suite C-2B, McAllen, Texas 78504 on Wednesday, February 26, 2020 beginning at 9:30 a.m.(CST) and continuing from day to day until completed, before a certified court reporter. PLEASE TAKE FURTHER NOTICE that pursuant to Texas Rule of Civil Procedure 199.1(c), the undersigned intends to make a video record of the deposition. Therefore, a video technician will be present. 62466:10450483v1 1 Electronically Filed 2/5/2020 11:03 AM Hidalgo County District Clerks Reviewed By: Kim Hinojosa PLEASE TAKE FURTHER NOTICE that in connection with the taking of this deposition and pursuant to Rule 199.2(b)(2)(5) of the Texas Rules of Civil Procedure, the deponent shall produce the documents and tangible items identified in the attached subpoena duces tecum and described in Exhibit "A," which is attached hereto and incorporated herein by reference for all purposes the same as if written verbatim herein, at the commencement of the taking ofthe deposition. PLEASE TAKE FURTHER NOTICE that that pursuant to Texas Rules of Civil Procedure 199.2(b)(4) and 199.5(a)(3), the persons who may attend the deposition shall be the witness, the parties and/or representatives, counsel, and employees of counsel. You are invited to attend and cross-examine the witness. Respectfully submitted, ROYSTON, ► YZ VICKERY & WILLIAMS,L.L.P. By: Hon. Javier onzalez Texas State Bar No. 00787561 E-Mail:javier.gonzalez@roystonlaw.com Shauna Lozano Texas State Bar No. 24106229 Email: Shauna.lozano@roystonlaw.com Attorneys for the defendant, TEXAS SAI,INC. Of Counsel: ROYSTON,RAYZOR,VICKERY & WILLIAMS,L.L.P. 55 Cove Circle P.O. Box 3509 Brownsville, Texas 78523-3509 Telephone: (956)542-4377 Fax: (956)542-4370 62466:10450483v1 2 Electronically Filed 2/5/2020 11:03 AM Hidalgo County District Clerks Reviewed By: Kim Hinojosa CERTIFICATE OF SERVICE I certify that on the 1 Vday of February, 2020, a true and correct copy of the foregoing document was served via E-File/E-Service/E-Mail and/or Regular U.S. Mail on the following parties of record, as follows: Hon. Ricardo Gonzalez Oxford & Gonzalez 124 S. 12th Edinburg, Texas 78540 Hon. Michael S. Beckelman Hon. Michelle R. Scheiffele Hon. Morgan Wells Wilson, Elser, Moskowitz, Edelman & Dicker, LLP 909 Fannin Street, Suite 3300 Houston, Texas 77010 Hon. Analisa Figueroa Law Office of Analisa Figueroa, PLLC 514 Paredes Avenue, Suite H Brownsville, Texas 78521 Hon. Mike Mills Hon. Susan Sullivan Atlas, Hall & Rodriguez, LLP P.O. Box 3725 McAllen, Texas 78502 Hon. Stephen A. Gibson Law Office of Stephen A. Gibson 946 W.Nolana Loop, Ste. D Pharr, Texas 78577 Hon. John R. Griffith Hon. Victoria Olivarez Griffith Law Group 4228 North McColl McAllen, Texas 78504 Hon. Maria Cantu Hexsel Hon. Stephen P. Bega Germer Beaman & Brown PLLC 301 Congress Avenue, Suite 1700 Austin, Texas 78701 62466:10450483v1 3 Electronically Filed 2/5/2020 11:03 AM Hidalgo County District Clerks Reviewed By: Kim Hinojosa Hon. Gregg R. Brown Hon. Maria Korzendorfer Germer Beaman & Brown PLLC 301 Congress Avenue, Suite 1700 Austin, Texas 78701 Hon. Ken Paxton Hon. Jeffrey C. Mateer Hon. Darren L. McCarty Hon. Estevan S.M. Soto Hon. Garland Williams Attorney General of Texas Transportation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Hon. Allan D. Messey Texas Department of Transportation-The General Counsel Division TxDOT Office of General Counsel 125 E. 11th treet Austin, Te ►1-2483 Of ROYSTON, YZOR,VICKERY & WILLIAMS,L.L.P. 62466:10450483v1 4 Electronically Filed 2/5/2020 11:03 AM Hidalgo County District Clerks Reviewed By: Kim Hinojosa EXHIBIT "A" SUBPOENA DUCES TECUM 1. Any file materials, including notes, statements, reports, citations, photographs, videotapes, audio and daily logs, daily work reports and any material in your possession for contract #10153029, Control 025506065 between the Texas Department of Transportation(TxDOT) with Texas SAI, Inc., W.G. Yates or any affiliates; otherwise known as the Project NH 1502 (262) etc. Highway US 281, that are only in your personal possession such as at your desk; work site; vehicle; on your person; residences and your homes, but not in your constructive possession. 2. Any file materials, including documents, items, notes, diaries, calendars, photographs, videotapes, audio and daily logs, daily work reports and any material in your possession for contract #10153029, Control 025506065 between the Texas Department of Transportation (TxDOT) with Texas SAI, Inc., W.G. Yates or any affiliates; otherwise known as the Project NH 1502 (262) etc. Highway US 281, that are only in your personal possession such as at your desk; work site; vehicle; on your person; residences and your homes, but not in your constructive possession. 3. Any sealed plans and specifications for contract #10153029, Control 025506065 between the Texas Department of Transportation(TxDOT)with Texas SAI, Inc., W.G. Yates or any affiliates; otherwise known as the Project NH 1502(262)etc. Highway US 281, between the Texas Department of Transportation (TxDOT) with Texas SAI, Inc., W.G. Yates or any affiliates, that are only in your personal possession such as at your desk; work site; vehicle; on your person; residences and your homes, but not in your constructive possession. 4. Any sealed plans and specifications for contract #025506065 in your possession for contract #10153029, Control 025506065 between the Texas Department of Transportation(TxDOT) with Texas SAI, Inc., W.G. Yates or any affiliates; otherwise known as the Project NH 1502 (262) etc. Highway US 281, that are only in your personal possession such as at your desk; work site; vehicle; on your person; residences and your homes, but not in your constructive possession. 5. Any documents, items, reports, statements, citations, diaries, calendars photographs, videotapes, audio, diaries or calendars concerning a single-vehicle accident that happened on or about Tuesday, August 29, 2017 at approximately 10:36 p.m. on U.S. Highway 281 at the 744 mile marker south of the Hidalgo-Brooks County line, that are only in your personal possession such as at your desk; work site; vehicle; on your person; residences and your homes, but not in your constructive possession. 62466:10450483v1 5