Preview
Filed: 12/29/2021 2:10 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 60372462
AFFIDAVIT ATTACHED By: Shailja Dixit
12/29/2021 2:14 PM
No. 21-CV-0305
DAVID AND CONNIE EVANS, § IN THE DISTRICT COURT OF
§
Plaintiffs, §
§
v. § GALVESTON COUNTY, TEXAS
§
MB HARBOUR, LTD. AND HARBOUR §
MANAGEMENT, LLC §
§
Defendants. § 10 th JUDICIAL DISTRICT
SUBPOENA
THE STATE OF TEXAS
TO: Custodian of Records
Independence Title Company
2525 Bay Area Boulevard, Suite 100
Houston, TX 77058
DATE AND TIME: January 17, 2022 at 1:00 p.m.
TRANSMITTED AND/OR PRESENTED TO:
MarcD. Young
myoung@greerherz.com
One Moody Plaza, 18 th Floor
Galveston, Texas 77550
(409) 797-3200
(866) 422-4352 (Fax)
Custodian of Records, Independence Title Company, YOU, OR YOUR
REPRESENTATIVES, ARE COMMANDED to produce and permit inspection, copying,
testing or sampling of the following documents, electronically stored information, objects or
tangible things, which are in your possession, custody, or control at the place, date, and time
specified above:
Any and all documents, including but not limited to any title insurance
policy, title insurance policy documents, closing statements,
communications in any form, and records, correspondence, surveys,
abstracts, regarding and/or relating to Lots 29 and 30, Block 4, GLEN
COVE, according to the map or plat thereof, recorded in Volume 6, Page
83, Map Records, Galveston County, Texas, commonly referred to as 2122
Cove Park Dr., Kemah, Texas, 77565, (the "Property") and such documents
433528.1
AFFIDAVIT ATTACHED
regarding and/or relating to the transaction, sale, and/or purchase of the
Property in and between Harold and Clorinda King as Grantors and David
and Connie Evans as Grantees on or about August 10, 2020.
Enforcement of Subpoena. Contempt. Failure by any person without adequate excuse to
obey a subpoena served upon that person may be deemed a contempt of the court from
which the subpoena is issued or a district court in the county in which the subpoena is
served, and may be punished by a fine or confinement, or both. Texas Rules of Civil
Procedure 176.8 (a).
Production of documents or tangible things. A person commanded to produce documents or
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
or 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 to the same extent as a
party's production of a document is authenticated for use against the party under Rule 193. 7.
This subpoena is issued at the insistence of Defendant MB Harbour, LTD and Harbour
Management, LLC by the following attorneys of record:
GREER, HERZ & ADAMS, L.L.P.
Joseph A.C. Fulcher
State Bar No. 07509320 jfulcher@greerherz.com
Robert A. Davee
State Bar No.05411000
bdavee@greerherz.com
2525 South Shore Blvd., Suite 203
League City, Texas 77573
(409) 797-3200
(281) 538-3791 (Fax)
Stephen G. Schulz
State Bar No. 17848300
sschulz@greerherz.com
Marc D. Young
State Bar No. 24098650
myoung@greerherz.com
One Moody Plaza, 18 th Floor
Galveston, Texas 77550
(409) 797-3200
(866) 422-4352 (Fax)
SIGNATURE of person issuing this subpoena:
433528.1
AFFIDAVIT ATTACHED
BY: /s/ Marc D. Young
Marc D. Young
Attorney for Defendant,
MB HARBOUR, LTD AND HARBOUR MANAGEMENT, LLC
DATE: December 13, 2021
In Texas a subpoena may be issued by the clerk of the appropriate District, County or Justice
of the Peace Court, an attorney authorized to practice law ill the State of Texas as an officer of
the court or by an officer authorized to take depositions ill this State.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served in
accordance with Rules 21 and 21a of the Texas Rules of Civil Procedure, upon the following
counsel, as indicated, on this 13 th day of December, 2021 :
Via E-mail/Via E-Service
Michael P. Nassif
P.O. Box 18136
Sugar Land, Texas 77496
mikenassif@comcast.net
Isl Marc D. Young
Marc D. Young
433528. 1
AFFIDAVIT OF SERVICE
State of Texas County of Galveston 10th Judicial District Court
Case Number: 21-CV-0305 Court Date: 1/17/2022 1:00 pm
Plaintiff:
David and Connie Evans
vs .
Defendant:
Mb Harbour, Ltd. and Harbour Management, LLC
For:
Lexitas
Received by Bay Oaks Process, LLP on the 14th day of December, 2021 at 8:47 am to be served on
Custodian Of Records Independence Title Company, 2525 Bay Area Boulevard, Suite 100, Houston,
Harris County, TX 77058.
I, Collin Wellman Psc 16156 Exp: 3/31/2023, being duly sworn, depose and say that on the 28th day of
December, 2021 at 1:35 pm, I:
INDIVIDUALLY/PERSONALLY served by delivering a true copy of the Subpoena with attached witness
fee of $11.00, Notice of Nonparty Subpoena to Independence Title Company for Production of
Documents with the date and hour of service endorsed thereon by me, to: Processor Tommy Wiggins
at the address of: 2525 Bay Area Boulevard, Suite 100, Houston, Harris County, TX 77058, and
informed said person of the contents therein, in compliance with state statutes.
I am not a party to this case nor am I related to, employed by, or otherwise connected to other than
having been retained to serve process in this case any party or any party's attorney in this case; and I
have no interest in the outcome of this lawsuit.
I am over the age of eighteen (18) years of age. I am of sound mind and have never been convicted
of a felony or misdemeanor involving moral turpitude.
} ,,,~~~~f: 1,,,DEVIN REID BURDG
~ ~'-···•6t""
.if f(.AC:·:<':i Notary Public, State of Texas
1 ';.
Preview
Filed: 12/29/2021 2:10 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 60372462 AFFIDAVIT ATTACHED By: Shailja Dixit 12/29/2021 2:14 PM No. 21-CV-0305 DAVID AND CONNIE EVANS, § IN THE DISTRICT COURT OF § Plaintiffs, § § v. § GALVESTON COUNTY, TEXAS § MB HARBOUR, LTD. AND HARBOUR § MANAGEMENT, LLC § § Defendants. § 10 th JUDICIAL DISTRICT SUBPOENA THE STATE OF TEXAS TO: Custodian of Records Independence Title Company 2525 Bay Area Boulevard, Suite 100 Houston, TX 77058 DATE AND TIME: January 17, 2022 at 1:00 p.m. TRANSMITTED AND/OR PRESENTED TO: MarcD. Young myoung@greerherz.com One Moody Plaza, 18 th Floor Galveston, Texas 77550 (409) 797-3200 (866) 422-4352 (Fax) Custodian of Records, Independence Title Company, YOU, OR YOUR REPRESENTATIVES, ARE COMMANDED to produce and permit inspection, copying, testing or sampling of the following documents, electronically stored information, objects or tangible things, which are in your possession, custody, or control at the place, date, and time specified above: Any and all documents, including but not limited to any title insurance policy, title insurance policy documents, closing statements, communications in any form, and records, correspondence, surveys, abstracts, regarding and/or relating to Lots 29 and 30, Block 4, GLEN COVE, according to the map or plat thereof, recorded in Volume 6, Page 83, Map Records, Galveston County, Texas, commonly referred to as 2122 Cove Park Dr., Kemah, Texas, 77565, (the "Property") and such documents 433528.1 AFFIDAVIT ATTACHED regarding and/or relating to the transaction, sale, and/or purchase of the Property in and between Harold and Clorinda King as Grantors and David and Connie Evans as Grantees on or about August 10, 2020. Enforcement of Subpoena. Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by a fine or confinement, or both. Texas Rules of Civil Procedure 176.8 (a). Production of documents or tangible things. A person commanded to produce documents or 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 or 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 to the same extent as a party's production of a document is authenticated for use against the party under Rule 193. 7. This subpoena is issued at the insistence of Defendant MB Harbour, LTD and Harbour Management, LLC by the following attorneys of record: GREER, HERZ & ADAMS, L.L.P. Joseph A.C. Fulcher State Bar No. 07509320 jfulcher@greerherz.com Robert A. Davee State Bar No.05411000 bdavee@greerherz.com 2525 South Shore Blvd., Suite 203 League City, Texas 77573 (409) 797-3200 (281) 538-3791 (Fax) Stephen G. Schulz State Bar No. 17848300 sschulz@greerherz.com Marc D. Young State Bar No. 24098650 myoung@greerherz.com One Moody Plaza, 18 th Floor Galveston, Texas 77550 (409) 797-3200 (866) 422-4352 (Fax) SIGNATURE of person issuing this subpoena: 433528.1 AFFIDAVIT ATTACHED BY: /s/ Marc D. Young Marc D. Young Attorney for Defendant, MB HARBOUR, LTD AND HARBOUR MANAGEMENT, LLC DATE: December 13, 2021 In Texas a subpoena may be issued by the clerk of the appropriate District, County or Justice of the Peace Court, an attorney authorized to practice law ill the State of Texas as an officer of the court or by an officer authorized to take depositions ill this State. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served in accordance with Rules 21 and 21a of the Texas Rules of Civil Procedure, upon the following counsel, as indicated, on this 13 th day of December, 2021 : Via E-mail/Via E-Service Michael P. Nassif P.O. Box 18136 Sugar Land, Texas 77496 mikenassif@comcast.net Isl Marc D. Young Marc D. Young 433528. 1 AFFIDAVIT OF SERVICE State of Texas County of Galveston 10th Judicial District Court Case Number: 21-CV-0305 Court Date: 1/17/2022 1:00 pm Plaintiff: David and Connie Evans vs . Defendant: Mb Harbour, Ltd. and Harbour Management, LLC For: Lexitas Received by Bay Oaks Process, LLP on the 14th day of December, 2021 at 8:47 am to be served on Custodian Of Records Independence Title Company, 2525 Bay Area Boulevard, Suite 100, Houston, Harris County, TX 77058. I, Collin Wellman Psc 16156 Exp: 3/31/2023, being duly sworn, depose and say that on the 28th day of December, 2021 at 1:35 pm, I: INDIVIDUALLY/PERSONALLY served by delivering a true copy of the Subpoena with attached witness fee of $11.00, Notice of Nonparty Subpoena to Independence Title Company for Production of Documents with the date and hour of service endorsed thereon by me, to: Processor Tommy Wiggins at the address of: 2525 Bay Area Boulevard, Suite 100, Houston, Harris County, TX 77058, and informed said person of the contents therein, in compliance with state statutes. I am not a party to this case nor am I related to, employed by, or otherwise connected to other than having been retained to serve process in this case any party or any party's attorney in this case; and I have no interest in the outcome of this lawsuit. I am over the age of eighteen (18) years of age. I am of sound mind and have never been convicted of a felony or misdemeanor involving moral turpitude. } ,,,~~~~f: 1,,,DEVIN REID BURDG ~ ~'-···•6t"" .if f(.AC:·:<':i Notary Public, State of Texas 1 ';.