Preview
Filed: 3/26/2021 10:14 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 51863063
By: Monique McNeal
SUIT NO. 21-TX-0003 3/26/2021 1:11 PM
GALVESTON COUNTY, ET AL § IN THE DISTRICT COURT
§
VS. § 212TH JUDICIAL DISTRICT
§
MARK ANDREW MILLER, ET AL § GALVESTON COUNTY, TEXAS
PLAINTIFFS’ INITIAL DISCLOSURES PURSUANT TO TRCP 194.2
TRCP 194.2 (B) (1): The correct names of the parties to the lawsuit;
ANSWER:
Plaintiffs: GALVESTON COUNTY, CITY OF TEXAS CITY, TEXAS CITY INDEPENDENT
SCHOOL DISTRICT, and COLLEGE OF THE MAINLAND
Defendants: Mark Andrew Miller, Laura Marie Miller, CitiBank (South Dakota), N.A. (In Rem Only) and
State of Texas – Attorney General Child Support Division (In Rem Only).
TRCP 194.2 (B) (2): The name, address, and telephone number of any potential parties.
ANSWER: At this time Plaintiffs know of no potential parties
TRCP 194.2 (B) (3): the legal theories and, in general, the factual bases of the responding party’s claims or
defenses (the responding party need not marshal all evidence that may be offered at trial).
ANSWER: Plaintiffs, as taxing jurisdictions, seek to recover delinquent property taxes pursuant to
Chapter 33 of the Texas Property Tax Code that have accrued on property described in the petition. Such
recovery may include lien foreclosure and personal liability. Defendant, consistent with the records on
file at the offices of Galveston County Clerk have an interest in subject property. As such, they are
potentially subject to liability for the taxes and/or are otherwise entitled to notice of Plaintiff’s tax
collection foreclosure proceeding.
TRCP 194.2 (B) (4): the amount and any method of calculating economic damages.
ANSWER: Plaintiffs are due property taxes assessed against the subject property as alleged in and set
out in detail in the original petition and citation and as calculated pursuant to Chapter 33 of the Texas
Property Tax Code.
TRCP 194.2 (B) (5): the name, address, and telephone number of persons having knowledge of relevant
facts, and a brief statement of each identified person’s connection with the case.
ANSWER: Mark E. Ciavaglia, attorney primarily responsible for the underlying tax collection lawsuit
and employed by the Linebarger Goggan Blair & Sampson, LLP Law Firm and having knowledge of the
property involved as well as the delinquency and who may be contacted through the law firm of
Linebarger Goggan Blair & Sampson, LLP.
Erma Evans, Deputy Tax Assessor Collector for Galveston County has knowledge of the property
involved as well as the delinquency and who may be contacted through the law firm of Linebarger Goggan
Blair & Sampson, LLP.
Latonya Dominick, Deputy Tax Assessor Collector for Galveston County has knowledge of the property
involved as well as the delinquency and who may be contacted through the law firm of Linebarger Goggan
Blair & Sampson, LLP.
Verarenee Robinson, Tax Assessor Collector for Texas City Independent School District has knowledge
of the property involved as well as the delinquency and who may be contacted through the law firm of
Linebarger Goggan Blair & Sampson, LLP.
Lyn Wingert, Independent Title Examiner, has knowledge of the title history and ownership records of
the property.
If Plaintiffs seek recovery of claims for special assessment lien(s), the officer or employee of such
Plaintiffs who has knowledge of the special assessment lien(s) and who may be contacted through the law
firm of Linebarger Goggan Blair & Sampson, LLP.
Mark Andrew Miller, Laura Marie Miller, CitiBank (South Dakota), N.A. (In Rem Only) and State of
Texas – Attorney General Child Support Division (In Rem Only), the Defendant(s) in Plaintiff’s cause of
action who has/have knowledge of the property involved including any possible liens as well as the taxes
due on the property and who may be contacted through their attorney of record.
TRCP 194.2 (B) (6): A copy or description by category and location of all documents, electronically stored
information and tangible things that the responding party has in its possession, custody or control, and that
may be used to support its claims or defenses unless the use would be solely for impeachment.
ANSWER: Plaintiff has copies of certified tax statements related to the subject property as well as
ownership information that may be used to support its claims to be offered pursuant to section 33.47 of
the Texas Property Tax Code and applicable Rules of Court.
TRCP 194.2 (B) (7): any indemnity and insuring agreements described in Rule 192.3(f).
ANSWER: Plaintiff knows of no indemnity and insuring agreements.
TRCP 194.2 (B) (8): any settlement agreements described in Rule 192.3(g).
ANSWER: Plaintiff knows of no settlement agreements.
TRCP 194.2 (B) (9): any witness statements described in rule 192.3(h).
ANSWER: Plaintiff knows of no witness statements.
TRCP 194.2 (B) (10): In a suit alleging physical or mental injury and damages from the occurrence that is
the subject of the case, all medical records and bills that are reasonably related to the injuries or damages
asserted.
ANSWER: Plaintiff’s suit does not allege physical and/or mental injury so this disclosure is not
applicable.
TRCP 194.2 (B) (11): In a suit alleging physical or mental injury and damages from the occurrence that is
the subject of the case, all medical records and bills obtained by the responding party by virtue of an
authorization furnished by the requesting party.
ANSWER: Plaintiff’s suit does not allege physical and/or mental injury so this disclosure is not
applicable.
TRCP 194.2 (B) (12): The name, address, and telephone number of any person who may be designated as
a responsible third party.
ANSWER: Plaintiff knows of no persons who may be designated as a responsible third party.
TRCP 194.3: In addition to the disclosures required by Rule 194.2, a party must disclose to the other party
testifying expert information as provide by Rule 195.
ANSWER: At this time, Plaintiff has no experts that will be providing testimony.
Respectfully submitted,
LINEBARGER GOGGAN
BLAIR & SAMPSON, LLP
518 - 9TH AVENUE NORTH (77590)
PO BOX 2789, TEXAS CITY, TX 77592-2789
(409) 948-3401; (409) 945-9814 - FAX
MARK E. CIAVAGLIA
STATE BAR NO. 00787241
MARK.CIAVAGLIA@LGBS.COM
EMILY K. WATKINS
STATE BAR NO. 24052164
EMILY.WATKINS@LGBS.COM
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
In compliance with TRCP 191.3 and to further certify that a true and correct copy of the foregoing
instrument has been delivered in the manner required by Rules 21 and 21a, Tex. R. Civ. Proc., to all parties or
their attorneys in this cause on this the 26th day of March, 2021.
Lindsey E. McGray
Assistant Attorney General
Via CSD-Legal-590@oag.texas.gov
Mark E. Ciavaglia
Emily K. Watkins
Attorney at Law
Preview
Filed: 3/26/2021 10:14 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 51863063 By: Monique McNeal SUIT NO. 21-TX-0003 3/26/2021 1:11 PM GALVESTON COUNTY, ET AL § IN THE DISTRICT COURT § VS. § 212TH JUDICIAL DISTRICT § MARK ANDREW MILLER, ET AL § GALVESTON COUNTY, TEXAS PLAINTIFFS’ INITIAL DISCLOSURES PURSUANT TO TRCP 194.2 TRCP 194.2 (B) (1): The correct names of the parties to the lawsuit; ANSWER: Plaintiffs: GALVESTON COUNTY, CITY OF TEXAS CITY, TEXAS CITY INDEPENDENT SCHOOL DISTRICT, and COLLEGE OF THE MAINLAND Defendants: Mark Andrew Miller, Laura Marie Miller, CitiBank (South Dakota), N.A. (In Rem Only) and State of Texas – Attorney General Child Support Division (In Rem Only). TRCP 194.2 (B) (2): The name, address, and telephone number of any potential parties. ANSWER: At this time Plaintiffs know of no potential parties TRCP 194.2 (B) (3): the legal theories and, in general, the factual bases of the responding party’s claims or defenses (the responding party need not marshal all evidence that may be offered at trial). ANSWER: Plaintiffs, as taxing jurisdictions, seek to recover delinquent property taxes pursuant to Chapter 33 of the Texas Property Tax Code that have accrued on property described in the petition. Such recovery may include lien foreclosure and personal liability. Defendant, consistent with the records on file at the offices of Galveston County Clerk have an interest in subject property. As such, they are potentially subject to liability for the taxes and/or are otherwise entitled to notice of Plaintiff’s tax collection foreclosure proceeding. TRCP 194.2 (B) (4): the amount and any method of calculating economic damages. ANSWER: Plaintiffs are due property taxes assessed against the subject property as alleged in and set out in detail in the original petition and citation and as calculated pursuant to Chapter 33 of the Texas Property Tax Code. TRCP 194.2 (B) (5): the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person’s connection with the case. ANSWER: Mark E. Ciavaglia, attorney primarily responsible for the underlying tax collection lawsuit and employed by the Linebarger Goggan Blair & Sampson, LLP Law Firm and having knowledge of the property involved as well as the delinquency and who may be contacted through the law firm of Linebarger Goggan Blair & Sampson, LLP. Erma Evans, Deputy Tax Assessor Collector for Galveston County has knowledge of the property involved as well as the delinquency and who may be contacted through the law firm of Linebarger Goggan Blair & Sampson, LLP. Latonya Dominick, Deputy Tax Assessor Collector for Galveston County has knowledge of the property involved as well as the delinquency and who may be contacted through the law firm of Linebarger Goggan Blair & Sampson, LLP. Verarenee Robinson, Tax Assessor Collector for Texas City Independent School District has knowledge of the property involved as well as the delinquency and who may be contacted through the law firm of Linebarger Goggan Blair & Sampson, LLP. Lyn Wingert, Independent Title Examiner, has knowledge of the title history and ownership records of the property. If Plaintiffs seek recovery of claims for special assessment lien(s), the officer or employee of such Plaintiffs who has knowledge of the special assessment lien(s) and who may be contacted through the law firm of Linebarger Goggan Blair & Sampson, LLP. Mark Andrew Miller, Laura Marie Miller, CitiBank (South Dakota), N.A. (In Rem Only) and State of Texas – Attorney General Child Support Division (In Rem Only), the Defendant(s) in Plaintiff’s cause of action who has/have knowledge of the property involved including any possible liens as well as the taxes due on the property and who may be contacted through their attorney of record. TRCP 194.2 (B) (6): A copy or description by category and location of all documents, electronically stored information and tangible things that the responding party has in its possession, custody or control, and that may be used to support its claims or defenses unless the use would be solely for impeachment. ANSWER: Plaintiff has copies of certified tax statements related to the subject property as well as ownership information that may be used to support its claims to be offered pursuant to section 33.47 of the Texas Property Tax Code and applicable Rules of Court. TRCP 194.2 (B) (7): any indemnity and insuring agreements described in Rule 192.3(f). ANSWER: Plaintiff knows of no indemnity and insuring agreements. TRCP 194.2 (B) (8): any settlement agreements described in Rule 192.3(g). ANSWER: Plaintiff knows of no settlement agreements. TRCP 194.2 (B) (9): any witness statements described in rule 192.3(h). ANSWER: Plaintiff knows of no witness statements. TRCP 194.2 (B) (10): In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted. ANSWER: Plaintiff’s suit does not allege physical and/or mental injury so this disclosure is not applicable. TRCP 194.2 (B) (11): In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party. ANSWER: Plaintiff’s suit does not allege physical and/or mental injury so this disclosure is not applicable. TRCP 194.2 (B) (12): The name, address, and telephone number of any person who may be designated as a responsible third party. ANSWER: Plaintiff knows of no persons who may be designated as a responsible third party. TRCP 194.3: In addition to the disclosures required by Rule 194.2, a party must disclose to the other party testifying expert information as provide by Rule 195. ANSWER: At this time, Plaintiff has no experts that will be providing testimony. Respectfully submitted, LINEBARGER GOGGAN BLAIR & SAMPSON, LLP 518 - 9TH AVENUE NORTH (77590) PO BOX 2789, TEXAS CITY, TX 77592-2789 (409) 948-3401; (409) 945-9814 - FAX MARK E. CIAVAGLIA STATE BAR NO. 00787241 MARK.CIAVAGLIA@LGBS.COM EMILY K. WATKINS STATE BAR NO. 24052164 EMILY.WATKINS@LGBS.COM Attorney for Plaintiffs CERTIFICATE OF SERVICE In compliance with TRCP 191.3 and to further certify that a true and correct copy of the foregoing instrument has been delivered in the manner required by Rules 21 and 21a, Tex. R. Civ. Proc., to all parties or their attorneys in this cause on this the 26th day of March, 2021. Lindsey E. McGray Assistant Attorney General Via CSD-Legal-590@oag.texas.gov Mark E. Ciavaglia Emily K. Watkins Attorney at Law