Preview
FILED
10/20/2020 4:15 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Deondria Grant DEPUTY
CAUSE N0.
CAUSE DC-19-2039l
NO. DC-19-20391
DAVID NGUYEN, § IN THE COURT
THE DISTRICT COURT
§
§
PIaintifT(s),
Plaintiff(s), §
VS. § 134TH JUDICIAL DISTRICT
COUNTY MUTUAL
PROGRESSIVE COUNTY MUTUAL
PROGRESSIVE
INSURANCE COMPANY, §g
§
Dcfcn(]nn((s).
Defendant(s). §
§ DALLAS COUNTY, TEXAS
RETURN OF
OF SERVICE
SERVICE
Came toto my hand on
0n Monday, October 19, 19, 2020 at
at 10:00 AM,
Executed at;
at: 1150 US - 67, MIDLOTHIAN, TX 76065
-
within the
within the county
county of ELLIS at
ofELLIS at 11:00 AM, on 0n Monday, October 19,
19, 2020,
2020,
by individually
by individually and personally
personally delivering
delivering to
to the
the within
within named:
OFFICER JAY FLOWERS, ID 144
I44
aa true
true copy
copy of
0f this
this
ATTORNEY SUBPOENA FOR OFFICER JAY FLOWERS ID 144 and DEFENDANT'S
ATTORNEY
AMENDED THE ORAL DEPOSITION
TAKE THE
T0 TAKE
AMENDED NOTICE TO
OF OFFICER
OF FLOWERS ID 144
OFFICER JAY FLOWERS
and tendered $10.00 witness fee
fee cash which was refused
having first
first endorsed
endorsed thereon
thereon the
the date
date of
0f the
the delivery.
delivery.
BEFORE ME, the the undersigned
undersigned authority,
authority, onon this
this day
day personally
personally appeared
appeared Danny L. Hancy who after
L. Haney being duly
after being duly sworn
sworn
on oath
oath states;
states: "My
”My name is is Danny L. L. Hancy.
Haney. I am a l person not
a person not less
less than
than eighteen
eighteen (18) years of age and I aml competent
(l8) years of age and am competent
to
to make
make this
this oath.
oath. I am a
l a resident
resident of the State
0fthe State of
0f Texas.
Texas. I have personal knowledge
have personal
l knowledge of the facts
of the facts and
and statements
statements contained
contained
herein
herein and
and aver
aver that
that each
each is
is true
true and
and correct.
correct. I am not
I not aa party
party to
t0 nor
nor related
related or
or affiliated
affiliated with
with any
any party
parry to
to this
this suit.
suit. I have
have
I
no
n0 interest
interest in
in the
the outcome of of the
the suit.
suit. I have
have never
I been convicted
never been convicted of of a
a felony
felony or
or of
0F a
a misdemeanor
misdemeanor involving
involving moral
moral
turpitude.
turpitude. 1 am familiar
I familiar with
with the
the Texas Rules
Rules of0f Civil
Civil Procedure,
Procedure, and
and the
the Texas
Texas Civil
Civil Practice
Practice and
and Remedies
Remedies Codes
Codes asas
they
they apply
apply to
t0 service
service of process. 1 am certified
of process. l certified byby the
the Judicial
Judicial Branch
Branch Certification
Certification Commission
Commission to to deliver
deliver citations
citations and
and
other
other notices
notices from
from any
any District,
District, County
County andand Justice
Justice Courts
Courts inin and
and for
for the
the State
State of
of Texas
Texas in in compliance
compliance with
with rule
rule 103
[03 and
and
501.2
50 .2 of
l the TRCP."
ofthe
Byzgw
Danny L.
L. Haney -PSC 566 --’E:fi3
-’~'F§C‘5'66 E^p 03/31/22
03:31:22
served@spcclaldeUvery.com
served@.spccialdelivery.com
Subscribed
Substribed and Sworn to
2
by Danny L.
t0 by
day of October, 2020.
:1
m3,,
~#an
Haney, Before
L. Haney, Before Me,
CHARITY
CHARITY
bTATE
STATE OF
the undersigned
Me, the
DEM
COLEMAN
NOIaW PublicEM
OF TEXAS
TEXAS
^ ID#12523831
:D#12523831
Comm
wry
2
202:
W
undersigned authority,
authority, on
on this
this
AM fl C&QQMCUA
Notary ^bllc m and for the State of Texas
Notar y blic a and for the State of Texas
CAUSE NO. DC-l9-2039l
DAVID NGUYEN § IN THE DISTRICT COURT
Plaintiff, §
§
VS. §
134T“ JUDICIAL DISTRICT
§
PROGRESSIVE COUNTY MUTUAL §
INSURANCE COMPANY §
Defendant. § DALLAS COUNTY, TEXAS
ATTORNEY SUBPOENA FOR OFFICER JAY FLOWERS ID 144
To: Any sheriff or constable of the State of Texas or other person authorized to serve and
execute subpoenas as provided in Texas Rule of Civil Procedure 176.5.
You are commanded to summon OFFICER JAY FLOWERS, ID 144, located at his place
of business, Midlothian Police Department, 1150 US-67, Midlothian, Texas 76065, October 20,
2020 starting at 4:00 p.m. before a certified court reporter to attend and give testimony in this case
at a deposition on behalf of the Defendant and to remain in attendance from day to day until
lawfully discharged.
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
fine or confinement, or both. Tex. R. Civ. P. 176.8(a).
DO NOT FAIL to return this writ to 17th Judicial District Court of Tarrant County Texas
with either the attached officers return showing the manner of execution or the witness=s signed
memorandum showing that the witness accepted the subpoena.
ISSUED on October 19, 2020.
ATTORNEY SUBPOENA FOR OFFICER JAY FLOWERS ID 144 l
Respectfully submitted,
WALTERS, BALIDO & CRAIN, L.L.P.
BY: /.s'/:R(mdall G. Walters
RANDALL G. WALTERS — 20819480
randy.wallers@wbclawfirm.com
Service ofDocumcnts:
WaltersliDocstificalionsfil‘m'bclawl'lrmxom
Meadow Park Tower, Suite 1500
10440 North Central Expressway
Texas 75231
Dallas,
214/347-8381 — FAX
214/347-8380 — DIRECT
214/749-4805 — MAIN
ATTORNEY FOR DEFENDANT
This subpoena was issued at the request of Defendant, whose attorney of record is Randall
G. Walters, Walters, Balido & Crain, L.L.P., Meadows Park Tower, Suite 1500, 10440 North
Central Expressway, Dallas, Texas 75231
OFFICERS RETURN
CAME TO THIS HAND on day of , 2020 at _.m.,
and executed on day of 2020 by
Returned this day of 2020.
OFFICER
HETunN/AFHIJAVIT "ET“"N/AFHDAVH
Panor/AnAcHEn PRWF/ATMCHED
ATTORNEY SUBPOENA FOR OFFICER JAY FLOWERS ID 144 2
CAUSE NO. DC-l9-2039l
DAVID NGUYEN § IN THE DISTRICT COURT
Plaintiff, §
§
VS. §
134T" JUDICIAL DISTRICT
§
PROGRESSIVE COUNTY MUTUAL §
INSURANCE COMPANY §
Defendant. § DALLAS COUNTY, TEXAS
DEFENDANT’S AMENDED NOTICE TO TAKE THE
ORAL DEPOSITION OF OFFICER JAY FLOWERS ID 144
TO: Plaintiff, David Nguyen, by and through attorney of record, David S. Kohm, David S.
Kohm & Associates, I414 W. Randol Mill Road, Suite 118, Arlington, Texas 76012.
TO: Officer Jay Flowers lD 144, Midlothian Police Department, 1150 US-67, Midlothian,
Texas 76065
Please take notice that on October 20, 2020, beginning at 4:00 p.m. and continuing from
day to day thereafler, until complete, counsel for Defendants, will take the oral deposition of
OFFICER JAY FLOWERS ID 144, Via Zoom, upon oral examination pursuant to the Texas
Rules ofCivil Procedure. The deposition will be taken before a certified court reporter authorized
by law to administer oaths and will continue from day to day until completed. The deposition will
be taken before a certified court reporter authorized by law to administer oaths and will continue
from day to day until completed.
Pursuant to the Texas Rules of Civil Procedure, Rule 202, you are further notified that
this deposition may be recorded on videotape.
You are invited to attend and cross—examine as you see fit.
DEFENDANT'S AMENDED NOTICE T0 TAKE THE
ORAL DEPOSITION 0F OFFICER JAY FLOWERS ID I44
PAGE l
Respectfully submitted,
WALTERS, BALIDO & CRAIN, L.L.P.
BY: /s/ Randall G. Walters
RANDALL G. WALTERS - 208 l 9480
ranclmvallersébwbclawfirm.c0m
Service of Documents:
WaltersEDocsNotifications &)vaclawfinn.com
Meadow Park Tower, Suite 1500
10440 North Central Expressway
Dallas, Texas 7523i
214/347-8381 — FAX
214/347-8380 — DIRECT
2 l 4/749-4805 — MAIN
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
This is to certify that on this the 19th day of October, a true and correct copy ofthe above
document has been forwarded to all known counsel ofrecord.
/s/ Randall G. Walters
RANDALL G. WALTERS
DEFENDANT’S AMENDED NOTICE T0 TAKE TIIE
ORAL DEPOSITION OF OFFICER JAY FLOWERS [D I44
PAGE 2
Preview
FILED 10/20/2020 4:15 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Deondria Grant DEPUTY CAUSE N0. CAUSE DC-19-2039l NO. DC-19-20391 DAVID NGUYEN, § IN THE COURT THE DISTRICT COURT § § PIaintifT(s), Plaintiff(s), § VS. § 134TH JUDICIAL DISTRICT COUNTY MUTUAL PROGRESSIVE COUNTY MUTUAL PROGRESSIVE INSURANCE COMPANY, §g § Dcfcn(]nn((s). Defendant(s). § § DALLAS COUNTY, TEXAS RETURN OF OF SERVICE SERVICE Came toto my hand on 0n Monday, October 19, 19, 2020 at at 10:00 AM, Executed at; at: 1150 US - 67, MIDLOTHIAN, TX 76065 - within the within the county county of ELLIS at ofELLIS at 11:00 AM, on 0n Monday, October 19, 19, 2020, 2020, by individually by individually and personally personally delivering delivering to to the the within within named: OFFICER JAY FLOWERS, ID 144 I44 aa true true copy copy of 0f this this ATTORNEY SUBPOENA FOR OFFICER JAY FLOWERS ID 144 and DEFENDANT'S ATTORNEY AMENDED THE ORAL DEPOSITION TAKE THE T0 TAKE AMENDED NOTICE TO OF OFFICER OF FLOWERS ID 144 OFFICER JAY FLOWERS and tendered $10.00 witness fee fee cash which was refused having first first endorsed endorsed thereon thereon the the date date of 0f the the delivery. delivery. BEFORE ME, the the undersigned undersigned authority, authority, onon this this day day personally personally appeared appeared Danny L. Hancy who after L. Haney being duly after being duly sworn sworn on oath oath states; states: "My ”My name is is Danny L. L. Hancy. Haney. I am a l person not a person not less less than than eighteen eighteen (18) years of age and I aml competent (l8) years of age and am competent to to make make this this oath. oath. I am a l a resident resident of the State 0fthe State of 0f Texas. Texas. I have personal knowledge have personal l knowledge of the facts of the facts and and statements statements contained contained herein herein and and aver aver that that each each is is true true and and correct. correct. I am not I not aa party party to t0 nor nor related related or or affiliated affiliated with with any any party parry to to this this suit. suit. I have have I no n0 interest interest in in the the outcome of of the the suit. suit. I have have never I been convicted never been convicted of of a a felony felony or or of 0F a a misdemeanor misdemeanor involving involving moral moral turpitude. turpitude. 1 am familiar I familiar with with the the Texas Rules Rules of0f Civil Civil Procedure, Procedure, and and the the Texas Texas Civil Civil Practice Practice and and Remedies Remedies Codes Codes asas they they apply apply to t0 service service of process. 1 am certified of process. l certified byby the the Judicial Judicial Branch Branch Certification Certification Commission Commission to to deliver deliver citations citations and and other other notices notices from from any any District, District, County County andand Justice Justice Courts Courts inin and and for for the the State State of of Texas Texas in in compliance compliance with with rule rule 103 [03 and and 501.2 50 .2 of l the TRCP." ofthe Byzgw Danny L. L. Haney -PSC 566 --’E:fi3 -’~'F§C‘5'66 E^p 03/31/22 03:31:22 served@spcclaldeUvery.com served@.spccialdelivery.com Subscribed Substribed and Sworn to 2 by Danny L. t0 by day of October, 2020. :1 m3,, ~#an Haney, Before L. Haney, Before Me, CHARITY CHARITY bTATE STATE OF the undersigned Me, the DEM COLEMAN NOIaW PublicEM OF TEXAS TEXAS ^ ID#12523831 :D#12523831 Comm wry 2 202: W undersigned authority, authority, on on this this AM fl C&QQMCUA Notary ^bllc m and for the State of Texas Notar y blic a and for the State of Texas CAUSE NO. DC-l9-2039l DAVID NGUYEN § IN THE DISTRICT COURT Plaintiff, § § VS. § 134T“ JUDICIAL DISTRICT § PROGRESSIVE COUNTY MUTUAL § INSURANCE COMPANY § Defendant. § DALLAS COUNTY, TEXAS ATTORNEY SUBPOENA FOR OFFICER JAY FLOWERS ID 144 To: Any sheriff or constable of the State of Texas or other person authorized to serve and execute subpoenas as provided in Texas Rule of Civil Procedure 176.5. You are commanded to summon OFFICER JAY FLOWERS, ID 144, located at his place of business, Midlothian Police Department, 1150 US-67, Midlothian, Texas 76065, October 20, 2020 starting at 4:00 p.m. before a certified court reporter to attend and give testimony in this case at a deposition on behalf of the Defendant and to remain in attendance from day to day until lawfully discharged. 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 fine or confinement, or both. Tex. R. Civ. P. 176.8(a). DO NOT FAIL to return this writ to 17th Judicial District Court of Tarrant County Texas with either the attached officers return showing the manner of execution or the witness=s signed memorandum showing that the witness accepted the subpoena. ISSUED on October 19, 2020. ATTORNEY SUBPOENA FOR OFFICER JAY FLOWERS ID 144 l Respectfully submitted, WALTERS, BALIDO & CRAIN, L.L.P. BY: /.s'/:R(mdall G. Walters RANDALL G. WALTERS — 20819480 randy.wallers@wbclawfirm.com Service ofDocumcnts: WaltersliDocstificalionsfil‘m'bclawl'lrmxom Meadow Park Tower, Suite 1500 10440 North Central Expressway Texas 75231 Dallas, 214/347-8381 — FAX 214/347-8380 — DIRECT 214/749-4805 — MAIN ATTORNEY FOR DEFENDANT This subpoena was issued at the request of Defendant, whose attorney of record is Randall G. Walters, Walters, Balido & Crain, L.L.P., Meadows Park Tower, Suite 1500, 10440 North Central Expressway, Dallas, Texas 75231 OFFICERS RETURN CAME TO THIS HAND on day of , 2020 at _.m., and executed on day of 2020 by Returned this day of 2020. OFFICER HETunN/AFHIJAVIT "ET“"N/AFHDAVH Panor/AnAcHEn PRWF/ATMCHED ATTORNEY SUBPOENA FOR OFFICER JAY FLOWERS ID 144 2 CAUSE NO. DC-l9-2039l DAVID NGUYEN § IN THE DISTRICT COURT Plaintiff, § § VS. § 134T" JUDICIAL DISTRICT § PROGRESSIVE COUNTY MUTUAL § INSURANCE COMPANY § Defendant. § DALLAS COUNTY, TEXAS DEFENDANT’S AMENDED NOTICE TO TAKE THE ORAL DEPOSITION OF OFFICER JAY FLOWERS ID 144 TO: Plaintiff, David Nguyen, by and through attorney of record, David S. Kohm, David S. Kohm & Associates, I414 W. Randol Mill Road, Suite 118, Arlington, Texas 76012. TO: Officer Jay Flowers lD 144, Midlothian Police Department, 1150 US-67, Midlothian, Texas 76065 Please take notice that on October 20, 2020, beginning at 4:00 p.m. and continuing from day to day thereafler, until complete, counsel for Defendants, will take the oral deposition of OFFICER JAY FLOWERS ID 144, Via Zoom, upon oral examination pursuant to the Texas Rules ofCivil Procedure. The deposition will be taken before a certified court reporter authorized by law to administer oaths and will continue from day to day until completed. The deposition will be taken before a certified court reporter authorized by law to administer oaths and will continue from day to day until completed. Pursuant to the Texas Rules of Civil Procedure, Rule 202, you are further notified that this deposition may be recorded on videotape. You are invited to attend and cross—examine as you see fit. DEFENDANT'S AMENDED NOTICE T0 TAKE THE ORAL DEPOSITION 0F OFFICER JAY FLOWERS ID I44 PAGE l Respectfully submitted, WALTERS, BALIDO & CRAIN, L.L.P. BY: /s/ Randall G. Walters RANDALL G. WALTERS - 208 l 9480 ranclmvallersébwbclawfirm.c0m Service of Documents: WaltersEDocsNotifications &)vaclawfinn.com Meadow Park Tower, Suite 1500 10440 North Central Expressway Dallas, Texas 7523i 214/347-8381 — FAX 214/347-8380 — DIRECT 2 l 4/749-4805 — MAIN ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE This is to certify that on this the 19th day of October, a true and correct copy ofthe above document has been forwarded to all known counsel ofrecord. /s/ Randall G. Walters RANDALL G. WALTERS DEFENDANT’S AMENDED NOTICE T0 TAKE TIIE ORAL DEPOSITION OF OFFICER JAY FLOWERS [D I44 PAGE 2