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COMMISSION TO TAKE OUT OF STATE SUBPOENA TRC 201.01 & CPRC 20.0001
CAUSE NO. 20‐CV‐1975
Blake Tartt, III vs. John Doe, Et Al 56th District Court OF
GALVESTON COUNTY, TEXAS
STATE OF TEXAS, COUNTY OF GALVESTON
.
TO THE HONORABLE DISTRICT COURT OR OTHER APPROPRIATE AUTHORITY OF THE COUNTY
OR PARISH OF San Francisco, State of California:
In the 56th District Court of Galveston County, Texas there is a pending case entitled Blake Tartt, III vs.
John Doe, Et Al, bearing Cause No. 20‐CV‐1975 and it appears to this court that the just determination of
the issues presented requires that the deposition the Custodian of Records of A Medium Corporation,
Registered Agent, Incorporating Services, Ltd, 7801 Folsom Boulevard, #202, Sacramento, California,
95826, be taken.
We hereby authorize and request that you assist this court in serving the interest of justice by causing, a
resident of your County/Parish and State, to be summoned to appear to be deposed by stenographic
and/or video deposition, then and there to give answers under oath to the oral//written questions and
produced requested documents that are addressed to said witness.
The witness shall appear on this the 24th day of March, 2021, at 10:00 A.M., at 799 Market St., San
Francisco, California 94103.
You are further authorized and requested to cause said deposition to be reduced to writing, annexing to
the writing any items marked as exhibits and or produced and to cause the written/produced deposition,
with all exhibits to be returned to the requesting party at William W. Johnston, Johnston & McLean, PLLC
7950 Legacy Drive, Suite 330 Plano, Texas 75024, under cover duly sealed and addressed.
Issued under my hand and seal of Court at office in Galveston, County of Galveston, Texas on this the 1st
day March, 2021.
John D. Kinard, District Clerk
Galveston County, Texas
By :Rolande Kain, Deputy Clerk
Filed: 2/26/2021 11:10 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 50954277
By: Rolande Kain
2/26/2021 1:21 PM
CAUSE NO. 20-CV-1975
BLAKE TARTT III § IN THE DISTRICT COURT OF
§
Plaintiff §
§
VS. §
§ GALVESTON COUNTY TEXAS
§
JOHN DOE, and §
JANE DOE §
§
Defendants § 56TH JUDICIAL DISTRICT
REQUEST FOR INTERSTATE JUDICIAL ASSISTANCE FOR SERVICE OF PROCESS
This Court presents its compliments to the appropriate judicial authority of The Superior
Court of California, County of San Francisco, and requests interstate judicial assistance for the
Service of Process in a civil law proceeding before this Court in the above-captioned matter, as
necessary in the interests of justice.
This request is made under Rule 201, Texas Rule of Civil Procedure, and the Code of Civil
Procedure.
This is a defamation lawsuit against parties whose proper names are unknown but who are
identified by various pseudonyms on social media websites. With the use of a letter rogatory,
Plaintiff seeks to depose the Custodian of Records of A Medium Corporation, who can be served by
delivery to its registered agent for service, Incorporating Services, Ltd., at 7801 Folsom Boulevard,
#202, Sacramento, California 95826.
The undersigned judicial authority further requests that service be carried out by mail as
allowed by the California or by personal service on the identified addressee. If respondent cannot
be located for personal or substitute service, the undersigned judicial authority requests that service
be accomplished by publication or posting in accordance with the law of the State of destination.
The documents to be served are authenticated copies of:
20-CV-1975 – Tartt vs. Doe et al; 56th Judicial District Court, Galveston County, Texas
Subpoena Duces Tecum
Notice of Intention to Take Deposition on Written Questions
Deposition on Written Questions
Date: __________________________________
_____________________________________
Hon. Lonnie Cox,
Judge, 56th Judicial District Court
Galveston County, Texas
20-CV-1975 – Tartt vs. Doe et al; 56th Judicial District Court, Galveston County, Texas
AUTHENTICATION
As Clerk of the Court for the 56th Judicial District Court of Galveston County, Texas, I do
hereby certify that the Honorable Lonnie Cox, was at the time and date thereof, Judge of the 56th
Judicial District Court of Galveston County, Texas; that the official acts and doings of said Judge
are entitled to full faith and credit; and that the attestation to said Request is in due form of law. I
further certify that the seal attached to said Request is the official Seal of the Court.
WITNESS my hand and seal of said 56th Judicial District Court in the County of Galveston,
State of Texas, on this ______ day of ___________________________ 2021.
Clerk of the Galveston County Court
By________________________, Deputy
AUTHENTICATION
As Judge of the 56th Judicial District Court of Galveston County, Texas, I do hereby certify
that John D. Kinard, whose signature is affixed hereto, was at the time and date thereof, Clerk of the
Court for the 56th Judicial District of Galveston County, Texas; that the official acts and doings of
said Clerk are entitled to full faith and credit; and that this authentication to said Request is in due
form of law.
WITNESS my hand and seal of said Court in the County of Galveston, State of Texas, on
this _____ day of ____________________ 2021.
Lonnie Cox, Judge, 56th Judicial District Court,
Galveston County, Texas
THE STATE OF TEXAS
CAUSE NO. 20-CV-1975
BLAKE TARTT III § IN THE DISTRICT COURT OF
§
Plaintiff §
§
VS. §
§ GALVESTON COUNTY TEXAS
§
JOHN DOE, and §
JANE DOE §
§
Defendants § 56TH JUDICIAL DISTRICT
SUBPOENA FOR DEPOSITION & PRODUCTION OF DOCUMENTS
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 The Custodian of Records of A Medium Corporation, c/o
Legal Department, Post Office Box 602, San Francisco, California 94104–0602, to appear at 799
Market St, San Francisco, California 94103 on the 24th day of March 2021 at 10:00 a.m., to
produce and permit inspection and copying of the following documents or tangible things to be used
as evidence in this case:
Provide information for the following accounts:
https://medium.com/@olemissleaks
https://medium.com/@transparentolemiss
https://medium.com/@winstonsmithomi
Information Requested:
Provide any and all subscriber and administer information for each
account, including but not limited to (1) email address(es), (2)
member name(s), address(s), phone number(s), date(s) and time(s) of
account creation, billing information; (3) IP address(es) used when
creating each account; (4) IP addresses used on most recent 3 logins
to the accounts; (4) information on devices used when creating each
account and most recent 3 logins to each account.
Duties of Person Served with Subpoena. You are advised that under Texas Rule of Civil
Procedure 176, a person served with a subpoena has certain rights and obligations. Rule 176.6
provides the following:
1
(a) Compliance required. Except as provided in this subdivision, a person
served with a subpoena must comply with the command stated therein 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 or by the party summoning the witness.
(b) Organizations. If a subpoena commanding testimony is directed to a
corporation, partnership, association, governmental agency, or other organization, and the
matters on which examination is requested are described with reasonable particularity, the
organization must designate one or more persons to testify on its behalf as to matters known
or reasonably available to the organization.
(c) 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.
(d) Objections. A person commanded to produce and permit inspection or
copying of designated documents and things may serve on the party requesting issuance of
the subpoena—before the time specified for compliance—written objections to producing
any or all of the designated materials. A person need not comply with the part of a subpoena
to which objection is made as provided in this paragraph unless ordered to 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 to produce and permit inspection and copying of designated documents and things,
and any other person affected by the subpoena, may move for a protective order under Rule
192.6(b)—before the time specified for compliance—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 of a subpoena from which protection is sought under this paragraph unless
ordered to do so by the court. The party requesting the subpoena may seek such an order at
any time after the motion for protection is filed.
(f) Trial subpoenas. A person commanded to attend and give testimony, or to
produce documents or things, at a hearing or trial, may object or move for protective order
before the court at the time and place specified for compliance, rather than under paragraphs
(d) and (e).
2
Contempt. Failure by any person without adequate excuse to obey a subpoena served on 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 the 56th Judicial District Court with either the attached
officer's return showing the manner of execution or the witness's signed memorandum showing that
the witness accepted the subpoena.
This subpoena was issued at the request of Plaintiff, Blake Tartt, III, whose attorneys of
record are William W. Johnston and Calvin G. McLean, 7950 Legacy Drive, Suite 330, Plano, Texas
75024, Telephone 972.436.1661. You may contact Petitioner’s attorneys to arrange another time
and date.
You may comply with this subpoena by providing the documents along with a business
records affidavit to William W. Johnston at the Law Offices of Johnston and McLean, 7950 Legacy
Drive, Suite 330, Plano, Texas 75024.
ISSUED on January 13, 2021.
Respectfully Submitted,
Johnston & McLean, PLLC
7950 Legacy Drive, Suite 330
Plano, Texas 75024
(972) 436-1661
(972) 436-1615 – Facsimile
By__________________________________
William W. Johnston
State Bar No. 10846700
billjohnstonlawoffice@gmail.com
Attorney for Plaintiff
By__________________________________
Calvin G. McLean
State Bar No. 24091885
goc.garfieldlaw@gmail.com
Attorney for Plaintiff
3
RETURN OF SERVICE OF SUBPOENA
I, __________________, delivered this subpoena to The Custodian of Records of A Medium
Corporation, via delivery to its registered agent, Incorporation Services, Ltd., 7801 Folsom
Boulevard, #202, Sacramento, California, on the ___ day of ______________, 2021 at ___ ___.m.,
and tendered to the witness a fee of $1.00.
I, ______________________________, was unable to deliver a copy of this subpoena to
_________________ for the following reasons:
_____________________________________
ACCEPTANCE OF SERVICE OF SUBPOENA BY
WITNESS UNDER TEXAS RULE OF CIVIL PROCEDURE 176
I accept service of this subpoena.
_________________________
Witness
Date
FEE FOR SERVICE OF SUBPOENA: $___________________
4
CAUSE NO. 20-CV-1975
BLAKE TARTT III § IN THE DISTRICT COURT OF
§
Plaintiff §
§
VS. §
§ GALVESTON COUNTY TEXAS
§
JOHN DOE, and §
JANE DOE §
§
Defendants § 56TH JUDICIAL DISTRICT
PLAINTIFF'S AMENDED NOTICE OF SECOND DEPOSITION ON WRITTEN
QUESTIONS FOR
A MEDIUM CORPORATION
To: John and Jane Doe, wherever they may be found, through Texas e-file service.
The Custodian of Records of A Medium Corporation, by delivery to its registered
agent for service, Incorporation Services, Ltd., 7801 Folsom Boulevard, #202,
Sacramento, California 95826, to appear at 799 Market St, San Francisco,
California 94103.
1. Please take notice that, under Texas Rule of Civil Procedure 200.1, Plaintiff Blake
Tart III, will take the deposition on written questions of the Custodian of Records of A Medium
Corporation on 24th day of March 2021, at 10:00 a.m., at 799 Market St, San Francisco, California
94103.
2. The deposition will continue from day to day until completed.
3. A Notary Public for the State in which the custodian of records completes the
deposition will take the deposition.
4. Under Rules 176.2(b) and 200.1(b), the Custodian of Records of A Medium
Corporation has been subpoenaed to produce the following documents at the deposition:
Provide information for the following accounts:
https://medium.com/@olemissleaks
https://medium.com/@transparentolemiss
https://medium.com/@winstonsmithomi
Information Requested:
Provide any and all subscriber and administer information for each
account, including but not limited to (1) email address(es), (2)
member name(s), address(s), phone number(s), date(s) and time(s) of
account creation, billing information; (3) IP address(es) used when
creating each account; (4) IP addresses used on most recent 3 logins
to the accounts; (4) information on devices used when creating each
account and most recent 3 logins to each account.
5. The DEPOSITION ON WRITTEN QUESTIONS is attached as Exhibit A.
Respectfully Submitted,
Johnston & McLean, PLLC
7950 Legacy Drive, Suite 330
Plano, Texas 75024
(972) 436-1661
(972) 436-1615 – Facsimile
By__________________________________
William W. Johnston
State Bar No. 10846700
billjohnstonlawoffice@gmail.com
Attorney for Plaintiff
By__________________________________
Calvin G. McLean
State Bar No. 24091885
goc.garfieldlaw@gmail.com
Attorney for Plaintiff
2
CERTIFICATE OF SERVICE
I hereby certify that the foregoing
PLAINTIFF'S AMENDED NOTICE OF SECOND DEPOSITION ON WRITTEN
QUESTIONS FOR
A MEDIUM CORPORATION
was served on Defendants as shown below:
via electronic filing service
on this 26th day of February 2021.
_______________________
Calvin G. McLean
3
CAUSE NO. 20-CV-1975 EXHIBIT A
BLAKE TARTT III § IN THE DISTRICT COURT OF
§
Plaintiff §
§
VS. §
§ GALVESTON COUNTY TEXAS
§
JOHN DOE, and §
JANE DOE §
§
Defendants § 56TH JUDICIAL DISTRICT
DEPOSITION ON WRITTEN QUESTIONS
THE CUSTODIAN OF RECORDS FOR A MEDIUM CORPORATION
A. INSTRUCTION
Records may be provided as electronic media containing records in PDF, JPEG, or TIF
format or “hard” copies. Video records may be provided in MP3 or MP4.
B. DEFINITION
Requested Records shall mean the items listed in section C of this document.
C. RECORDS REQUESTED
Provide information for the following accounts:
https://medium.com/@olemissleaks
https://medium.com/@transparentolemiss
https://medium.com/@winstonsmithomi
Information Requested:
Provide any and all subscriber and administer information for each
account, including but not limited to (1) email address(es), (2)
member name(s), address(s), phone number(s), date(s) and time(s) of
account creation, billing information; (3) IP address(es) used when
creating each account; (4) IP addresses used on most recent 3 logins
to the accounts; (4) information on devices used when creating each
account and most recent 3 logins to each account.
1
DEPOSITION ON WRITTEN QUESTIONS
THE CUSTODIAN OF RECORDS OF A Medium Corporation
1. Please state your full name, occupation, official title, and business address.
Answer:
2. Are you the custodian of records for A Medium Corporation?
Answer:
3. In your capacity as custodian of records for A Medium Corporation, are you
familiar with whether A Medium Corporation maintains records of their business activities?
Answer:
4. Are the records of A Medium Corporation kept under your care, supervision,
custody, or control?
Answer:
5. Was it in the regular course of business activity of A Medium Corporation for
employees with personal knowledge of the transactions identified in the records to make such
records or to transmit such information to be included in the records?
Answer:
6. Were the REQUESTED RECORDS made at or near the time of the transactions
identified in the records or within a reasonable time thereafter?
Answer:
2
7. Were the REQUESTED RECORDS made and kept in the regular course of daily
business activities by A Medium Corporation?
Answer:
8. Were the REQUESTED RECORDS transmitted to your files, and did you maintain
the records as part of your official duties as the custodian of records for A Medium Corporation?
Answer:
9. Please hand the originals or exact duplicates of the REQUESTED RECORDS to the
notary public taking your deposition for photocopying and attachment to this deposition. Have
you now given all of the REQUESTED RECORDS to the notary public taking your deposition? If
not, identify for the notary public the records and documents you did not produce and explain
why you did not produce them.
Answer:
10. In the event you are unable to find any of the records requested in the subpoena
you received, how long does A Medium Corporation maintain its files, and does A Medium
Corporation ever destroy its files?
Answer:
11. Are you aware of any other companies or persons that may have possession of
records pertaining to the subject matter of this lawsuit? If so, please state the name and address of
such entity or person, if known.
Answer:
12. Have you been requested or directed by any person to withhold or protect, for any
reason, the records identified in Plaintiff’s subpoena? Has any person suggested that you
should withhold or protect the records identified in Plaintiff’s subpoena? If so, please state the
name and address of the person who conveyed this information to you and when such event
occurred.
3
Answer:
13. Do you know or have reason to believe that the records identified in Plaintiff’s
subpoena have in any manner been edited, purged, culled, or otherwise altered? If so, please
identify the records and explain why and how they were altered or removed.
Answer:
14. If any document responsive to Plaintiff’s subpoena was, but is no longer in your
possession, custody, or control, or no longer exists, state whether (1) it is missing or lost, (2) it
was destroyed, (3) it was transferred to others, or (4) it was otherwise disposed of, and explain
the circumstances surrounding its disposition, including the date of such disposition.
Answer:
CUSTODIAN OF RECORDS FOR
A Medium Corporation
4
VERIFICATION
STATE OF CALIFORNIA §
§
COUNTY OF SAN FRANCISCO §
BEFORE ME, the undersigned notary public, on this day personally appeared
, the Custodian of A Medium Corporation, whose
identity is known to me. After I administered an oath, the custodian testified to the foregoing
answers. I hereby certify that these answers were sworn to and subscribed before me by
on the day of _________ 2021.
Notary Public, State of CALIFORNIA
County of San Francisco
My commission expires:
5
Filed: 2/16/2021 12:00 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 50650136
By: Shailja Dixit
2/22/2021 8:28 AM
CAUSE NO. 20-CV-1975
BLAKE TARTT III § IN THE DISTRICT COURT OF
§
Plaintiff §
§
VS. §
§ GALVESTON COUNTY TEXAS
§
JOHN DOE, and §
JANE DOE §
§
Defendants § 56TH JUDICIAL DISTRICT
MOTION FOR ISSUANCE OF LETTERS ROGATORY
TO THE HONORABLE COURT:
Plaintiff Blake Tartt, III requests the issuance of letters rogatory directed to The Custodian
of Records of Automattic, Inc., owner of WordPress, in The Superior Court of California, County
of San Francisco, and The Custodian of Records of Facebook, in The Superior Court of California,
County of San Mateo, requesting examination of The Custodian of Records on written questions,
and in support of this motion shows:
1. This is an action for defamation.
2. The witness is a resident of the State of California and is the custodian of the records
of A Medium Corporation. This blog site is alleged to have been used to disseminate false
information regarding Plaintiff, to Plaintiff’s detriment.
3. Plaintiff has good cause to believe that the witnesses have knowledge of and are
competent to testify on these matters:
a. Provide information for the following accounts:
https://medium.com/@olemissleaks
https://medium.com/@transparentolemiss
https://medium.com/@winstonsmithomi
b. Information Requested:
Provide any and all subscriber and administer information for
each account, including but not limited to (1) email
address(es), (2) member name(s), address(s), phone
number(s), date(s) and time(s) of account creation, billing
information; (3) IP address(es) used when creating each
account; (4) IP addresses used on most recent 3 logins to the
accounts; (4) information on devices used when creating each
account and most recent 3 logins to each account.
The Deposition on Written Questions is attached as Exhibit A.
4. WHEREFORE, Plaintiff Blake Tart, III requests that the Court order the Clerk of the
Court to issue The Custodian of Records of A Medium Corporation the letter rogatory that is filed
contemporaneously with this motion.
Respectfully Submitted,
Johnston & McLean, PLLC
7950 Legacy Drive, Suite 330
Plano, Texas 75024
(972) 436-1661
(972) 436-1615 – Facsimile
William W. Digitally signed by William W. Johnston
Date: 2021.02.13 17:38:44 -06'00'
Johnston
By__________________________________
William W. Johnston
State Bar No. 10846700
billjohnstonlawoffice@gmail.com
Attorney for Plaintiff
Digitally signed by Calvin G.
Calvin G. McLean McLean
Date: 2021.02.13 17:39:01 -06'00'
By__________________________________
Calvin G. McLean
State Bar No. 24091885
goc.garfieldlaw@gmail.com
Attorney for Plaintiff
2
CERTIFICATE OF SERVICE
I hereby certify that the foregoing
MOTION FOR ISSUANCE OF LETTERS ROGATORY
was served on Defendants as shown below:
via electronic filing service
on this 13th day of February 2021.
Digitally signed by Calvin G.
Calvin G. McLean
Date: 2021.02.13 17:39:24
McLean
__________________________________
-06'00'
Calvin G. McLean
3
CAUSE NO. 20-CV-1975 EXHIBIT A
BLAKE TARTT III § IN THE DISTRICT COURT OF
§
Plaintiff §
§
VS. §
§ GALVESTON COUNTY TEXAS
§
JOHN DOE, and §
JANE DOE §
§
Defendants § 56TH JUDICIAL DISTRICT
DEPOSITION ON WRITTEN QUESTIONS
THE CUSTODIAN OF RECORDS FOR A MEDIUM CORPORATION
A. INSTRUCTION
Records may be provided as electronic media containing records in PDF, JPEG, or TIF
format or “hard” copies. Video records may be provided in MP3 or MP4.
B. DEFINITION
Requested Records shall mean the items listed in section C of this document.
C. RECORDS REQUESTED
Provide information for the following accounts:
https://medium.com/@olemissleaks
https://medium.com/@transparentolemiss
https://medium.com/@winstonsmithomi
Information Requested:
Provide any and all subscriber and administer information for each
account, including but not limited to (1) email address(es), (2)
member name(s), address(s), phone number(s), date(s) and time(s) of
account creation, billing information; (3) IP address(es) used when
creating each account; (4) IP addresses used on most recent 3 logins
to the accounts; (4) information on devices used when creating each
account and most recent 3 logins to each account.
1
DEPOSITION ON WRITTEN QUESTIONS
THE CUSTODIAN OF RECORDS OF A Medium Corporation
1. Please state your full name, occupation, official title, and business address.
Answer:
2. Are you the custodian of records for A Medium Corporation?
Answer:
3. In your capacity as custodian of records for A Medium Corporation, are you
familiar with whether A Medium Corporation maintains records of their business activities?
Answer:
4. Are the records of A Medium Corporation kept under your care, supervision,
custody, or control?
Answer:
5. Was it in the regular course of business activity of A Medium Corporation for
employees with personal knowledge of the transactions identified in the records to make such
records or to transmit such information to be included in the records?
Answer:
6. Were the REQUESTED RECORDS made at or near the time of the transactions
identified in the records or within a reasonable time thereafter?
Answer:
2
7. Were the REQUESTED RECORDS made and kept in the regular course of daily
business activities by A Medium Corporation?
Answer:
8. Were the REQUESTED RECORDS transmitted to your files, and did you maintain
the records as part of your official duties as the custodian of records for A Medium Corporation?
Answer:
9. Please hand the originals or exact duplicates of the REQUESTED RECORDS to the
notary public taking your deposition for photocopying and attachment to this deposition. Have
you now given all of the REQUESTED RECORDS to the notary public taking your deposition? If
not, identify for the notary public the records and documents you did not produce and explain
why you did not produce them.
Answer:
10. In the event you are unable to find any of the records requested in the subpoena
you received, how long does A Medium Corporation maintain its files, and does A Medium
Corporation ever destroy its files?
Answer:
11. Are you aware of any other companies or persons that may have possession of
records pertaining to the subject matter of this lawsuit? If so, please state the name and address of
such entity or person, if known.
Answer:
12. Have you been requested or directed by any person to withhold or protect, for any
reason, the records identified in Plaintiff’s subpoena? Has any person suggested that you
should withhold or protect the records identified in Plaintiff’s subpoena? If so, please state the
name and address of the person who conveyed this information to you and when such event
occurred.
3
Answer:
13. Do you know or have reason to believe that the records identified in Plaintiff’s
subpoena have in any manner been edited, purged, culled, or otherwise altered? If so, please
identify the records and explain why and how they were altered or removed.
Answer:
14. If any document responsive to Plaintiff’s subpoena was, but is no longer in your
possession, custody, or control, or no longer exists, state whether (1) it is missing or lost, (2) it
was destroyed, (3) it was transferred to others, or (4) it was otherwise disposed of, and explain
the circumstances surrounding its disposition, including the date of such disposition.
Answer:
CUSTODIAN OF RECORDS FOR
A Medium Corporation
4
VERIFICATION
STATE OF CALIFORNIA §
§
COUNTY OF SAN FRANCISCO §
BEFORE ME, the undersigned notary public, on this day personally appeared
, the Custodian of A Medium Corporation, whose
identity is known to me. After I administered an oath, the custodian testified to the foregoing
answers. I hereby certify that these answers were sworn to and subscribed before me by
on the day of _________ 2021.
Notary Public, State of CALIFORNIA
County of San Francisco
My commission expires:
5
JOHN D. KINARD
District Clerk
Galveston County, Texas
CERTIFIED COPY
I, John D. Kinard, District Clerk of Galveston County, Texas
certify that this is a true and correct copy of the original record
filed and or recorded in my office, electronically or hard copy,
as it appear on this date. 02/24/2021
Witness my official hand and seal of office this 3/01/2021
Case Number 20‐CV‐1975 ‐ 56th District Court
Case Style: Blake Tartt, III vs. John Doe, Et Al
Document contains 4 page(s)
Document Title: ORDER GRANTING MOTION FOR ISSUANCE OF LETTERS
ROGATORY
John D. Kinard, District Clerk
GALVESTON COUNTY, TEXAS
Prepared By Rolande Kain, Deputy Clerk
In accordance with Texas Government Code 406.013, electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal, please
email dcweb@co.galveston.tx.us
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COMMISSION TO TAKE OUT OF STATE SUBPOENA TRC 201.01 & CPRC 20.0001 CAUSE NO. 20‐CV‐1975 Blake Tartt, III vs. John Doe, Et Al 56th District Court OF GALVESTON COUNTY, TEXAS STATE OF TEXAS, COUNTY OF GALVESTON . TO THE HONORABLE DISTRICT COURT OR OTHER APPROPRIATE AUTHORITY OF THE COUNTY OR PARISH OF San Francisco, State of California: In the 56th District Court of Galveston County, Texas there is a pending case entitled Blake Tartt, III vs. John Doe, Et Al, bearing Cause No. 20‐CV‐1975 and it appears to this court that the just determination of the issues presented requires that the deposition the Custodian of Records of A Medium Corporation, Registered Agent, Incorporating Services, Ltd, 7801 Folsom Boulevard, #202, Sacramento, California, 95826, be taken. We hereby authorize and request that you assist this court in serving the interest of justice by causing, a resident of your County/Parish and State, to be summoned to appear to be deposed by stenographic and/or video deposition, then and there to give answers under oath to the oral//written questions and produced requested documents that are addressed to said witness. The witness shall appear on this the 24th day of March, 2021, at 10:00 A.M., at 799 Market St., San Francisco, California 94103. You are further authorized and requested to cause said deposition to be reduced to writing, annexing to the writing any items marked as exhibits and or produced and to cause the written/produced deposition, with all exhibits to be returned to the requesting party at William W. Johnston, Johnston & McLean, PLLC 7950 Legacy Drive, Suite 330 Plano, Texas 75024, under cover duly sealed and addressed. Issued under my hand and seal of Court at office in Galveston, County of Galveston, Texas on this the 1st day March, 2021. John D. Kinard, District Clerk Galveston County, Texas By :Rolande Kain, Deputy Clerk Filed: 2/26/2021 11:10 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 50954277 By: Rolande Kain 2/26/2021 1:21 PM CAUSE NO. 20-CV-1975 BLAKE TARTT III § IN THE DISTRICT COURT OF § Plaintiff § § VS. § § GALVESTON COUNTY TEXAS § JOHN DOE, and § JANE DOE § § Defendants § 56TH JUDICIAL DISTRICT REQUEST FOR INTERSTATE JUDICIAL ASSISTANCE FOR SERVICE OF PROCESS This Court presents its compliments to the appropriate judicial authority of The Superior Court of California, County of San Francisco, and requests interstate judicial assistance for the Service of Process in a civil law proceeding before this Court in the above-captioned matter, as necessary in the interests of justice. This request is made under Rule 201, Texas Rule of Civil Procedure, and the Code of Civil Procedure. This is a defamation lawsuit against parties whose proper names are unknown but who are identified by various pseudonyms on social media websites. With the use of a letter rogatory, Plaintiff seeks to depose the Custodian of Records of A Medium Corporation, who can be served by delivery to its registered agent for service, Incorporating Services, Ltd., at 7801 Folsom Boulevard, #202, Sacramento, California 95826. The undersigned judicial authority further requests that service be carried out by mail as allowed by the California or by personal service on the identified addressee. If respondent cannot be located for personal or substitute service, the undersigned judicial authority requests that service be accomplished by publication or posting in accordance with the law of the State of destination. The documents to be served are authenticated copies of: 20-CV-1975 – Tartt vs. Doe et al; 56th Judicial District Court, Galveston County, Texas Subpoena Duces Tecum Notice of Intention to Take Deposition on Written Questions Deposition on Written Questions Date: __________________________________ _____________________________________ Hon. Lonnie Cox, Judge, 56th Judicial District Court Galveston County, Texas 20-CV-1975 – Tartt vs. Doe et al; 56th Judicial District Court, Galveston County, Texas AUTHENTICATION As Clerk of the Court for the 56th Judicial District Court of Galveston County, Texas, I do hereby certify that the Honorable Lonnie Cox, was at the time and date thereof, Judge of the 56th Judicial District Court of Galveston County, Texas; that the official acts and doings of said Judge are entitled to full faith and credit; and that the attestation to said Request is in due form of law. I further certify that the seal attached to said Request is the official Seal of the Court. WITNESS my hand and seal of said 56th Judicial District Court in the County of Galveston, State of Texas, on this ______ day of ___________________________ 2021. Clerk of the Galveston County Court By________________________, Deputy AUTHENTICATION As Judge of the 56th Judicial District Court of Galveston County, Texas, I do hereby certify that John D. Kinard, whose signature is affixed hereto, was at the time and date thereof, Clerk of the Court for the 56th Judicial District of Galveston County, Texas; that the official acts and doings of said Clerk are entitled to full faith and credit; and that this authentication to said Request is in due form of law. WITNESS my hand and seal of said Court in the County of Galveston, State of Texas, on this _____ day of ____________________ 2021. Lonnie Cox, Judge, 56th Judicial District Court, Galveston County, Texas THE STATE OF TEXAS CAUSE NO. 20-CV-1975 BLAKE TARTT III § IN THE DISTRICT COURT OF § Plaintiff § § VS. § § GALVESTON COUNTY TEXAS § JOHN DOE, and § JANE DOE § § Defendants § 56TH JUDICIAL DISTRICT SUBPOENA FOR DEPOSITION & PRODUCTION OF DOCUMENTS 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 The Custodian of Records of A Medium Corporation, c/o Legal Department, Post Office Box 602, San Francisco, California 94104–0602, to appear at 799 Market St, San Francisco, California 94103 on the 24th day of March 2021 at 10:00 a.m., to produce and permit inspection and copying of the following documents or tangible things to be used as evidence in this case: Provide information for the following accounts: https://medium.com/@olemissleaks https://medium.com/@transparentolemiss https://medium.com/@winstonsmithomi Information Requested: Provide any and all subscriber and administer information for each account, including but not limited to (1) email address(es), (2) member name(s), address(s), phone number(s), date(s) and time(s) of account creation, billing information; (3) IP address(es) used when creating each account; (4) IP addresses used on most recent 3 logins to the accounts; (4) information on devices used when creating each account and most recent 3 logins to each account. Duties of Person Served with Subpoena. You are advised that under Texas Rule of Civil Procedure 176, a person served with a subpoena has certain rights and obligations. Rule 176.6 provides the following: 1 (a) Compliance required. Except as provided in this subdivision, a person served with a subpoena must comply with the command stated therein 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 or by the party summoning the witness. (b) Organizations. If a subpoena commanding testimony is directed to a corporation, partnership, association, governmental agency, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization. (c) 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. (d) Objections. A person commanded to produce and permit inspection or copying of designated documents and things may serve on the party requesting issuance of the subpoena—before the time specified for compliance—written objections to producing any or all of the designated materials. A person need not comply with the part of a subpoena to which objection is made as provided in this paragraph unless ordered to 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 to produce and permit inspection and copying of designated documents and things, and any other person affected by the subpoena, may move for a protective order under Rule 192.6(b)—before the time specified for compliance—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 of a subpoena from which protection is sought under this paragraph unless ordered to do so by the court. The party requesting the subpoena may seek such an order at any time after the motion for protection is filed. (f) Trial subpoenas. A person commanded to attend and give testimony, or to produce documents or things, at a hearing or trial, may object or move for protective order before the court at the time and place specified for compliance, rather than under paragraphs (d) and (e). 2 Contempt. Failure by any person without adequate excuse to obey a subpoena served on 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 the 56th Judicial District Court with either the attached officer's return showing the manner of execution or the witness's signed memorandum showing that the witness accepted the subpoena. This subpoena was issued at the request of Plaintiff, Blake Tartt, III, whose attorneys of record are William W. Johnston and Calvin G. McLean, 7950 Legacy Drive, Suite 330, Plano, Texas 75024, Telephone 972.436.1661. You may contact Petitioner’s attorneys to arrange another time and date. You may comply with this subpoena by providing the documents along with a business records affidavit to William W. Johnston at the Law Offices of Johnston and McLean, 7950 Legacy Drive, Suite 330, Plano, Texas 75024. ISSUED on January 13, 2021. Respectfully Submitted, Johnston & McLean, PLLC 7950 Legacy Drive, Suite 330 Plano, Texas 75024 (972) 436-1661 (972) 436-1615 – Facsimile By__________________________________ William W. Johnston State Bar No. 10846700 billjohnstonlawoffice@gmail.com Attorney for Plaintiff By__________________________________ Calvin G. McLean State Bar No. 24091885 goc.garfieldlaw@gmail.com Attorney for Plaintiff 3 RETURN OF SERVICE OF SUBPOENA I, __________________, delivered this subpoena to The Custodian of Records of A Medium Corporation, via delivery to its registered agent, Incorporation Services, Ltd., 7801 Folsom Boulevard, #202, Sacramento, California, on the ___ day of ______________, 2021 at ___ ___.m., and tendered to the witness a fee of $1.00. I, ______________________________, was unable to deliver a copy of this subpoena to _________________ for the following reasons: _____________________________________ ACCEPTANCE OF SERVICE OF SUBPOENA BY WITNESS UNDER TEXAS RULE OF CIVIL PROCEDURE 176 I accept service of this subpoena. _________________________ Witness Date FEE FOR SERVICE OF SUBPOENA: $___________________ 4 CAUSE NO. 20-CV-1975 BLAKE TARTT III § IN THE DISTRICT COURT OF § Plaintiff § § VS. § § GALVESTON COUNTY TEXAS § JOHN DOE, and § JANE DOE § § Defendants § 56TH JUDICIAL DISTRICT PLAINTIFF'S AMENDED NOTICE OF SECOND DEPOSITION ON WRITTEN QUESTIONS FOR A MEDIUM CORPORATION To: John and Jane Doe, wherever they may be found, through Texas e-file service. The Custodian of Records of A Medium Corporation, by delivery to its registered agent for service, Incorporation Services, Ltd., 7801 Folsom Boulevard, #202, Sacramento, California 95826, to appear at 799 Market St, San Francisco, California 94103. 1. Please take notice that, under Texas Rule of Civil Procedure 200.1, Plaintiff Blake Tart III, will take the deposition on written questions of the Custodian of Records of A Medium Corporation on 24th day of March 2021, at 10:00 a.m., at 799 Market St, San Francisco, California 94103. 2. The deposition will continue from day to day until completed. 3. A Notary Public for the State in which the custodian of records completes the deposition will take the deposition. 4. Under Rules 176.2(b) and 200.1(b), the Custodian of Records of A Medium Corporation has been subpoenaed to produce the following documents at the deposition: Provide information for the following accounts: https://medium.com/@olemissleaks https://medium.com/@transparentolemiss https://medium.com/@winstonsmithomi Information Requested: Provide any and all subscriber and administer information for each account, including but not limited to (1) email address(es), (2) member name(s), address(s), phone number(s), date(s) and time(s) of account creation, billing information; (3) IP address(es) used when creating each account; (4) IP addresses used on most recent 3 logins to the accounts; (4) information on devices used when creating each account and most recent 3 logins to each account. 5. The DEPOSITION ON WRITTEN QUESTIONS is attached as Exhibit A. Respectfully Submitted, Johnston & McLean, PLLC 7950 Legacy Drive, Suite 330 Plano, Texas 75024 (972) 436-1661 (972) 436-1615 – Facsimile By__________________________________ William W. Johnston State Bar No. 10846700 billjohnstonlawoffice@gmail.com Attorney for Plaintiff By__________________________________ Calvin G. McLean State Bar No. 24091885 goc.garfieldlaw@gmail.com Attorney for Plaintiff 2 CERTIFICATE OF SERVICE I hereby certify that the foregoing PLAINTIFF'S AMENDED NOTICE OF SECOND DEPOSITION ON WRITTEN QUESTIONS FOR A MEDIUM CORPORATION was served on Defendants as shown below: via electronic filing service on this 26th day of February 2021. _______________________ Calvin G. McLean 3 CAUSE NO. 20-CV-1975 EXHIBIT A BLAKE TARTT III § IN THE DISTRICT COURT OF § Plaintiff § § VS. § § GALVESTON COUNTY TEXAS § JOHN DOE, and § JANE DOE § § Defendants § 56TH JUDICIAL DISTRICT DEPOSITION ON WRITTEN QUESTIONS THE CUSTODIAN OF RECORDS FOR A MEDIUM CORPORATION A. INSTRUCTION Records may be provided as electronic media containing records in PDF, JPEG, or TIF format or “hard” copies. Video records may be provided in MP3 or MP4. B. DEFINITION Requested Records shall mean the items listed in section C of this document. C. RECORDS REQUESTED Provide information for the following accounts: https://medium.com/@olemissleaks https://medium.com/@transparentolemiss https://medium.com/@winstonsmithomi Information Requested: Provide any and all subscriber and administer information for each account, including but not limited to (1) email address(es), (2) member name(s), address(s), phone number(s), date(s) and time(s) of account creation, billing information; (3) IP address(es) used when creating each account; (4) IP addresses used on most recent 3 logins to the accounts; (4) information on devices used when creating each account and most recent 3 logins to each account. 1 DEPOSITION ON WRITTEN QUESTIONS THE CUSTODIAN OF RECORDS OF A Medium Corporation 1. Please state your full name, occupation, official title, and business address. Answer: 2. Are you the custodian of records for A Medium Corporation? Answer: 3. In your capacity as custodian of records for A Medium Corporation, are you familiar with whether A Medium Corporation maintains records of their business activities? Answer: 4. Are the records of A Medium Corporation kept under your care, supervision, custody, or control? Answer: 5. Was it in the regular course of business activity of A Medium Corporation for employees with personal knowledge of the transactions identified in the records to make such records or to transmit such information to be included in the records? Answer: 6. Were the REQUESTED RECORDS made at or near the time of the transactions identified in the records or within a reasonable time thereafter? Answer: 2 7. Were the REQUESTED RECORDS made and kept in the regular course of daily business activities by A Medium Corporation? Answer: 8. Were the REQUESTED RECORDS transmitted to your files, and did you maintain the records as part of your official duties as the custodian of records for A Medium Corporation? Answer: 9. Please hand the originals or exact duplicates of the REQUESTED RECORDS to the notary public taking your deposition for photocopying and attachment to this deposition. Have you now given all of the REQUESTED RECORDS to the notary public taking your deposition? If not, identify for the notary public the records and documents you did not produce and explain why you did not produce them. Answer: 10. In the event you are unable to find any of the records requested in the subpoena you received, how long does A Medium Corporation maintain its files, and does A Medium Corporation ever destroy its files? Answer: 11. Are you aware of any other companies or persons that may have possession of records pertaining to the subject matter of this lawsuit? If so, please state the name and address of such entity or person, if known. Answer: 12. Have you been requested or directed by any person to withhold or protect, for any reason, the records identified in Plaintiff’s subpoena? Has any person suggested that you should withhold or protect the records identified in Plaintiff’s subpoena? If so, please state the name and address of the person who conveyed this information to you and when such event occurred. 3 Answer: 13. Do you know or have reason to believe that the records identified in Plaintiff’s subpoena have in any manner been edited, purged, culled, or otherwise altered? If so, please identify the records and explain why and how they were altered or removed. Answer: 14. If any document responsive to Plaintiff’s subpoena was, but is no longer in your possession, custody, or control, or no longer exists, state whether (1) it is missing or lost, (2) it was destroyed, (3) it was transferred to others, or (4) it was otherwise disposed of, and explain the circumstances surrounding its disposition, including the date of such disposition. Answer: CUSTODIAN OF RECORDS FOR A Medium Corporation 4 VERIFICATION STATE OF CALIFORNIA § § COUNTY OF SAN FRANCISCO § BEFORE ME, the undersigned notary public, on this day personally appeared , the Custodian of A Medium Corporation, whose identity is known to me. After I administered an oath, the custodian testified to the foregoing answers. I hereby certify that these answers were sworn to and subscribed before me by on the day of _________ 2021. Notary Public, State of CALIFORNIA County of San Francisco My commission expires: 5 Filed: 2/16/2021 12:00 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 50650136 By: Shailja Dixit 2/22/2021 8:28 AM CAUSE NO. 20-CV-1975 BLAKE TARTT III § IN THE DISTRICT COURT OF § Plaintiff § § VS. § § GALVESTON COUNTY TEXAS § JOHN DOE, and § JANE DOE § § Defendants § 56TH JUDICIAL DISTRICT MOTION FOR ISSUANCE OF LETTERS ROGATORY TO THE HONORABLE COURT: Plaintiff Blake Tartt, III requests the issuance of letters rogatory directed to The Custodian of Records of Automattic, Inc., owner of WordPress, in The Superior Court of California, County of San Francisco, and The Custodian of Records of Facebook, in The Superior Court of California, County of San Mateo, requesting examination of The Custodian of Records on written questions, and in support of this motion shows: 1. This is an action for defamation. 2. The witness is a resident of the State of California and is the custodian of the records of A Medium Corporation. This blog site is alleged to have been used to disseminate false information regarding Plaintiff, to Plaintiff’s detriment. 3. Plaintiff has good cause to believe that the witnesses have knowledge of and are competent to testify on these matters: a. Provide information for the following accounts: https://medium.com/@olemissleaks https://medium.com/@transparentolemiss https://medium.com/@winstonsmithomi b. Information Requested: Provide any and all subscriber and administer information for each account, including but not limited to (1) email address(es), (2) member name(s), address(s), phone number(s), date(s) and time(s) of account creation, billing information; (3) IP address(es) used when creating each account; (4) IP addresses used on most recent 3 logins to the accounts; (4) information on devices used when creating each account and most recent 3 logins to each account. The Deposition on Written Questions is attached as Exhibit A. 4. WHEREFORE, Plaintiff Blake Tart, III requests that the Court order the Clerk of the Court to issue The Custodian of Records of A Medium Corporation the letter rogatory that is filed contemporaneously with this motion. Respectfully Submitted, Johnston & McLean, PLLC 7950 Legacy Drive, Suite 330 Plano, Texas 75024 (972) 436-1661 (972) 436-1615 – Facsimile William W. Digitally signed by William W. Johnston Date: 2021.02.13 17:38:44 -06'00' Johnston By__________________________________ William W. Johnston State Bar No. 10846700 billjohnstonlawoffice@gmail.com Attorney for Plaintiff Digitally signed by Calvin G. Calvin G. McLean McLean Date: 2021.02.13 17:39:01 -06'00' By__________________________________ Calvin G. McLean State Bar No. 24091885 goc.garfieldlaw@gmail.com Attorney for Plaintiff 2 CERTIFICATE OF SERVICE I hereby certify that the foregoing MOTION FOR ISSUANCE OF LETTERS ROGATORY was served on Defendants as shown below: via electronic filing service on this 13th day of February 2021. Digitally signed by Calvin G. Calvin G. McLean Date: 2021.02.13 17:39:24 McLean __________________________________ -06'00' Calvin G. McLean 3 CAUSE NO. 20-CV-1975 EXHIBIT A BLAKE TARTT III § IN THE DISTRICT COURT OF § Plaintiff § § VS. § § GALVESTON COUNTY TEXAS § JOHN DOE, and § JANE DOE § § Defendants § 56TH JUDICIAL DISTRICT DEPOSITION ON WRITTEN QUESTIONS THE CUSTODIAN OF RECORDS FOR A MEDIUM CORPORATION A. INSTRUCTION Records may be provided as electronic media containing records in PDF, JPEG, or TIF format or “hard” copies. Video records may be provided in MP3 or MP4. B. DEFINITION Requested Records shall mean the items listed in section C of this document. C. RECORDS REQUESTED Provide information for the following accounts: https://medium.com/@olemissleaks https://medium.com/@transparentolemiss https://medium.com/@winstonsmithomi Information Requested: Provide any and all subscriber and administer information for each account, including but not limited to (1) email address(es), (2) member name(s), address(s), phone number(s), date(s) and time(s) of account creation, billing information; (3) IP address(es) used when creating each account; (4) IP addresses used on most recent 3 logins to the accounts; (4) information on devices used when creating each account and most recent 3 logins to each account. 1 DEPOSITION ON WRITTEN QUESTIONS THE CUSTODIAN OF RECORDS OF A Medium Corporation 1. Please state your full name, occupation, official title, and business address. Answer: 2. Are you the custodian of records for A Medium Corporation? Answer: 3. In your capacity as custodian of records for A Medium Corporation, are you familiar with whether A Medium Corporation maintains records of their business activities? Answer: 4. Are the records of A Medium Corporation kept under your care, supervision, custody, or control? Answer: 5. Was it in the regular course of business activity of A Medium Corporation for employees with personal knowledge of the transactions identified in the records to make such records or to transmit such information to be included in the records? Answer: 6. Were the REQUESTED RECORDS made at or near the time of the transactions identified in the records or within a reasonable time thereafter? Answer: 2 7. Were the REQUESTED RECORDS made and kept in the regular course of daily business activities by A Medium Corporation? Answer: 8. Were the REQUESTED RECORDS transmitted to your files, and did you maintain the records as part of your official duties as the custodian of records for A Medium Corporation? Answer: 9. Please hand the originals or exact duplicates of the REQUESTED RECORDS to the notary public taking your deposition for photocopying and attachment to this deposition. Have you now given all of the REQUESTED RECORDS to the notary public taking your deposition? If not, identify for the notary public the records and documents you did not produce and explain why you did not produce them. Answer: 10. In the event you are unable to find any of the records requested in the subpoena you received, how long does A Medium Corporation maintain its files, and does A Medium Corporation ever destroy its files? Answer: 11. Are you aware of any other companies or persons that may have possession of records pertaining to the subject matter of this lawsuit? If so, please state the name and address of such entity or person, if known. Answer: 12. Have you been requested or directed by any person to withhold or protect, for any reason, the records identified in Plaintiff’s subpoena? Has any person suggested that you should withhold or protect the records identified in Plaintiff’s subpoena? If so, please state the name and address of the person who conveyed this information to you and when such event occurred. 3 Answer: 13. Do you know or have reason to believe that the records identified in Plaintiff’s subpoena have in any manner been edited, purged, culled, or otherwise altered? If so, please identify the records and explain why and how they were altered or removed. Answer: 14. If any document responsive to Plaintiff’s subpoena was, but is no longer in your possession, custody, or control, or no longer exists, state whether (1) it is missing or lost, (2) it was destroyed, (3) it was transferred to others, or (4) it was otherwise disposed of, and explain the circumstances surrounding its disposition, including the date of such disposition. Answer: CUSTODIAN OF RECORDS FOR A Medium Corporation 4 VERIFICATION STATE OF CALIFORNIA § § COUNTY OF SAN FRANCISCO § BEFORE ME, the undersigned notary public, on this day personally appeared , the Custodian of A Medium Corporation, whose identity is known to me. After I administered an oath, the custodian testified to the foregoing answers. I hereby certify that these answers were sworn to and subscribed before me by on the day of _________ 2021. Notary Public, State of CALIFORNIA County of San Francisco My commission expires: 5 JOHN D. KINARD District Clerk Galveston County, Texas CERTIFIED COPY I, John D. Kinard, District Clerk of Galveston County, Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appear on this date. 02/24/2021 Witness my official hand and seal of office this 3/01/2021 Case Number 20‐CV‐1975 ‐ 56th District Court Case Style: Blake Tartt, III vs. John Doe, Et Al Document contains 4 page(s) Document Title: ORDER GRANTING MOTION FOR ISSUANCE OF LETTERS ROGATORY John D. Kinard, District Clerk GALVESTON COUNTY, TEXAS Prepared By Rolande Kain, Deputy Clerk In accordance with Texas Government Code 406.013, electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal, please email dcweb@co.galveston.tx.us